highways or other public resorts or at places of amusement of dissolute or improper character, or who shall against any such command or for any [such] disorderly or dishonest purposes attend any public dance, skating rink, or show shall be deemed guilty as a truant or disorderly child. A charge that respondent was a disorderly juvenile offender and was a truant and is an unmanageable child is insufficient to sustain a conviction.-People v. Turja, 157/530. (437) § 15577. SEC. 2. Upon the complaint upon oath who to make and in writing made before any justice of the peace, police complaint. justice or other criminal magistrate, by the parent or guardian, or other person knowing of the facts of his own knowledge, that any girl between the age of ten and seventeen years, or that any boy between the age of ten and sixteen years, or by the supervisor of any township, or mayor of any city, or president of any village, and in any city of over eight thousand population by the chief of police, mayor, or other person knowing of the facts of his own knowledge, that such minor has been guilty of any of the acts specified in section one of this act, such justice of the peace, police justice or other criminal magistrate, shall issue a warrant for the arrest of such minor, and upon conviction such minor, if a boy, may be Term of sentenced by such justice of the peace, police justice or crim- sentence. inal magistrate, to the industrial school for boys at Lansing, and if a girl, to the industrial home for girls at Adrian, boys until eighteen years of age, and girls until twenty-one years of age, unless sooner discharged according to law: Provided, Proviso. That no person or persons shall be sent to the said industrial school for boys or to the industrial home for girls until the sentence therein has been submitted to and approved by one of the judges of the recorder's court of the city of Detroit, or judge of the superior court of the city of Grand Rapids, or any circuit judge or probate judge of the county in which such conviction shall be had. (438) § 15578. SEC. 3. The same proceedings shall be Proceedings had upon the trial of any person charged with being guilty upon trial. of any of the offenses mentioned in section one of this act before the justice before whom such person is brought as are had in trials for misdemeanor, as far as the same are appli cable, and the state agent for the care of juvenile offenders Duty of of the county wherein such offenders may be on trial shall state agent. have authority and take the same action in the premises as is provided by act number one hundred and seventy-one of the session laws of eighteen hundred and seventy-three of this state. Parents, etc., children, re of, penalty. An Act to provide for the punishment of persons responsible for or contributing to the delinquency of children. [Act 314, P. A. 1907.] The People of the State of Michigan enact: (439) § 2028. SECTION 1. In all cases where any child of delinquent shall be a delinquent child, or a juvenile delinquent person, as sponsibility defined by the statutes of this state, the parent or parents, legal guardian or person having the custody of such child, or any other person, responsible for or by any act encouraging, causing or contributing to the delinquency of such child shall be guilty of a misdemeanor, and upon trial and conviction thereof, shall be punished by a fine not exceeding the sum of one hundred dollars or imprisonment in the county jail for a period not exceeding ninety days, or both such fine and imprisonment: Provided, That the court may, in its discretion, suspend sentence upon any person found guilty under this act upon conditions which may be imposed by the court at the time of the suspension of such sentence. Proviso. PROTECTION OF CHILDREN. (From this act (260, P. A. 1881), only such portion is quoted as relates directly to students in schools.) Students, etc., (440) § 7223. SEC. 2. No minor child under seventeen not permitted in saloon, etc. years of age, nor any minor who is a student in any public, private or parochial school in the state of Michigan, shall be permitted to remain in any saloon, bar room or other place where any spirituous or intoxicating liquor, or any wine or beer, or any beverage, liquor or liquors containing any spirituous or intoxicating liquor, beer or malt liquor is sold, given away or furnished for a beverage; or in any place of amusement known as dance houses, concert saloons, variety theaters; or in any house of prostitution; or in any room or hall occupied or used for hire, gain or reward, for the purpose of playing billiards, pool, cards, dice or any other unlawful game; or in any room or hall used or occupied for gaming, pool-selling or betting in any manner whatever; or in any room or hall in which any cigars or tobacco are sold or kept Misdemeanor. for sale, where any such games are played. Any proprietor, Penalty. keeper or manager of any such place who shall permit such minor child or minor student to remain in any such place, and any person who shall encourage or induce in any way such minor child or minor student to enter such place or to remain therein shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or both such fine and imprisonment in the discretion of the court. EMPLOYMENT OF CHILDREN. [Extract from Act 285, P. A. 1909.] (441) § 5331. SEC. 10. No child under fifteen years of age Child under shall be employed, permitted or suffered to work in or in 15 years. connection with any mercantile institution, store, office, hotel, laundry, manufacturing establishment, mine, bowling alley, billiard or pool room conducted for profit, theater, passenger or freight elevator, factory or workshop, quarry, telegraph or messenger service within this state during school hours: Pro- Proviso. vided, This section shall not apply to any child of the age of fourteen years or over, working on Saturdays or other days during the school year, outside of school hours or during the established vacation periods in preserving perishable goods in fruit or vegetable canning establishments or in any mercantile institutions, store, office, hotel, laundry, manufacturing establishment, factory or workshop, quarry, telegraph or messenger service within this state. (a) It shall be the duty of every mercantile institution, Register of store, hotel, office, laundry, manufacturing establishment, employes. mine, bowling alley, workshop, quarry, telegraph or messenger service or any person coming within the provisions of this act to keep a register in which will be recorded the name, birthplace, age and place of residence of every person employed under the age of eighteen years and it shall be unlawful for any such establishment or person to hire or employ or permit to be hired or employed or suffered to work, any work permit child under the age of seventeen years without there is first for children. provided and placed on file in the business office thereof a permit or certificate. In localities where no continuation school is established such permit shall be required only for children under the age of sixteen years. Such permit or who to issue. certificate shall be issued by the superintendent of schools of the school district in which such child resides, or the County commissioner of schools, or some one duly authorized by him in writing, any of whom shall have power to administer oaths in relation thereto. Such permit or certificate shall be returned immediately to the issuing officer by the employer when such child leaves such employment prior to reaching the age of seventeen years. A child shall be considered as having withdrawn from his employment when he or she shall have absented himself or herself from work for five full working days without explanation. Every limited vacation permit, hereinafter to be described, shall, upon its expiration, be void and of no effect. The said register and permit or certificate shall be produced for inspection on demand of any authorized representative of the commission. No fee shall be charged for such permit or certificate or other record required by this act by any officer by whom it shall be issued. Every employer complying with the provisions of this section shall be at liberty to employ the person so presenting When issued. School report. Proviso, limited vacation permits. Defined. Record of birth. Physician's statement, what to certify. the permit or certificate herein before referred to, and is justified in considering and treating such person as of the age shown in such permit or certificate and shall not be liable, if it transpire that such person is under the age represented in such permit or certificate to any greater extent than such employer would be liable if such person were of the age represented. (b) The person authorized and required to issue such permit or certificate shall not issue the same until he has received, examined, approved and filed the following papers duly executed: First. The school report of said child properly filled out and which shall be signed by the principal or chief executive officer of the school which such child has attended shall be furnished on demand of a child entitled thereto. It shall contain a statement that the child has attended the public school, or schools equivalent thereto, or parochial schools, previous to applying for such school record, and is able to read intelligently and write legibly simple sentences in the English language, and in the case of the public schools, has passed satisfactorily the work of the school up to and including the work of the sixth grade, as provided in the course of study of the public schools, or in the case of schools other than public, the equivalent thereto. Such school record shall also give the age and residence of the child as shown on the records of the school and the name of its parents or guardians or custodians: Provided, That in the case of limited vacation permits or in the case of persons over sixteen years of age requirements relating to educational qualifications shall be waived. Limited vacation permits referred to in this act shall be construed to mean permits issued for working during vacation periods and on Saturdays or other days during the school year outside of school hours and all such permits shall expire upon the first Monday in September commonly called Labor day, shall contain a conspicuous statement of the time at which they shall expire and shall be of a special color distinct from the regular permit or certificate. Second. A passport, or duly attested transcript of the record of birth, as kept by any duly authorized public authority, or a record of baptism or other religious record, showing the date and place of birth of such young person. Third. A statement from a physician connected officially with the board or department of health, which shall be required, however, only in case the above mentioned official or religious record cannot be produced, which statement shall certify that in the opinion of the physician issuing said statement, the young person is of the age stated therein, is in sound health and physically able to perform the work which it intends to do. Such statement shall also certify to the correct weight and height of said young person, and shall be kept on file by the person issuing working permits or certificates; such person may in his discretion require also an affidavit from the parents or guardian of the young person concerned or other evidence as additional proof of age. (c) On the permit or certificate shall appear a statement by the issuing officer that he has examined said child, that in his opinion the child can read intelligently and write legibly simple sentences in the English language, that in his opinion the young person is of the age represented and has reached the normal development of a child of its age and is in sound health and physically able to perform the work which it intends to do, and that, in his opinion the services of the child are essential to the support of itself or its parents: Provided, Proviso. That permits or certificates for young persons sixteen years or more of age and permits for vacation periods and Saturdays or other days during the school year, outside of school hours shall not certify that the wages of the child are essential to the support of the family. In doubtful cases, physical fitness for such work shall be determined by a medical officer of the board or department of health. Every such permit or certificate shall be signed in the presence of the officer issuing the same by the child in whose name it is issued; and shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the paper required by the preceding sections has been duly received, examined, approved and filed, and that the child named in such permit or certificate has appeared before the issuing official and been examined. misdemeanor. (d) Any person who shall make a false statement, tran- False script, passport, school certificate, certificate of physical fit- statement, ness, school record or any other writing required to be made or filed by the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than ten nor more than one hundred dollars or imprisonment for not less than ten days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. (e) Any child under seventeen years of age living or working in a school district maintaining a continuation school under act number four hundred twenty-one of the public acts of nineteen hundred nineteen, as amended, shall be subject to that act. Am. 1917, Act 280; 1923, Act 206. Drake v. Industrial Works, 174/623; Powell v. E. H. Stafford Mnfg. Co., 183/1. |