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»Dd thii Act tended to bear the following meanings ; (that is
to say,)

The word " place " includes electoral division ;
The words "Poor Law Medical Officer," and
"Medical Officer of the parish, place, or
district," mean the Medical Officer of the
dispensary district within which any common
lodging house is situate :
"The Act for the Regulation of Municipal
Corporations " means the Act passed in the
Ihiri and fourth years of the reign of Her
Majesty, intituled, An Act for tJie Regulation
of Municipal Corporations in Ireland:
The term " common lodging house " shall mean
a house in which persons are harboured or
lodged for hire for a single night, or for less
than a week at a time, or any part of which
is let for any term less than a week :
Tlie term "Local Authority" shall have the
following meanings : In boroughs, inoorpo
rated under the above-mentioned Act for
the regulation of Municipal Corporations,
or any charter granted or to be granted in
pursuance of it, it shall mean tlie Town
Council of such borough ; in towns having
Town Commissioners elected or appointed
under any Act of Parliament it shall mean
such Town Commissioners ; in all other places
it shall mean the Poor Law Guardians of the
union.
4. The ninth and tenth sections of "The Com-
mon Lodging Houses Act, 1851," are hereby

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Part II. 5.] Common Lodyiay Houses. 489

repealed as to Ireland, and the following provisions '^ ^''^*'**^-^''
sul)stituted therefor as to Ireland: The Local lodging
Authority may make bye-laws resj>ecting common ^j'JJ^^j^'^'
lodging houses, for the well-ordeiing of such houses, i860.
and for the 8ei)aration of the sexes therein, and LocalAatho-
for fixing the number and sex of the lodgers who J^*^y ^ "»**'«*
may be received into each such house, and for rospoctinfr
promoting cleanliness and ventilation thei-ein, and ^^^^
with respect to the inspection thereof; provided iionaes, but
that such bye-laws shall not be repugnant to law, "be^^n-"**
and shall not be in force until they shall have ^""{^ V
l>een confirmed by the Lord Lieutenant or other Licuteuant
the Chief Grovemor or Governors of Ireland for
ihe time being ; and that any bye-laws heretofore oid bye-iaws
made under the provisions of the said recited Acts uliS^Hcw '
shall continue in full force and effect until new ones xr^
bye-laws shall have been made and confirmed j^ <»" ™ •
lieu thereof, under the provisions of this Act.

5. A copy of the bye-laws made by the Local Copyof bjc-
Authority under the provisions of this Act, pur- reM^«nn
{porting to be signed by the Chief or Under Secre- evidence,
tiiry for Irehind on behidf of the Lord Lieutenant,

and also signed by the Local Authority (or sealed
with the seal of the same, in case it have a seal),
shall be received as evidence of such bye-laws, and
of their having been duly made and confirmed.

6. The penalties imposed by "The Common Ponaitiw
Lodging House Act, 1851," for offences against 14^^^ m,
bye-laws made under the jirovisions of the said re- •• 28, to
cited Act*, shall apply to the bye-laws made under hTws m»de'^*'
the provisions of this Act; and such penalties ^"^"*^"
shall be recoverable before Justices of the Peace

at Petty Sessions ; and all the provisions of " The
Petty Sessions Act," Ireland, shall apply to the
proceedings for recovery of such penalty.

7 The expenses of the execution of the said EzponM to
Acts and of this Act are to be defrayed in boroughs ^J^hJk^jf
out of the borough fund, in towns having Town «» ei©otor»i
Commissioners out of the rates levied by such ' *^
Commissioners, and in other places out of the
rates for the relief of the destitute poor.

8. Nothing herein contained shall affect any Not to affect

» 14 & 16 Tic. c 28, i 14 (p. 483).

y3

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490 Bakehouses Regulation. [Pabt II. 5.

23 Vic. o. 26, provision of " The Towns Improvement, Ireland^
LoDoiw Act," or any bye-law duly made under its provi-

Housiw Act, «io«g

IRBLAND. SlOnS. ,. - , . ,

i»60. 9. All acts and proceedings for the execution and

provWonBof enforcement of the provisions of the said Com-
17 & 18 Vic, jj^Qn Lodging Houses Acts shall be aa valid as if
„* said Acts had oriirinally included IreUmd^ but no

Former pro- ,. ,. . i •■ iiiii/y« i

ccedinga adjudication already pronounced shall be affected

validated. j^^^^^^

Kxtent of JQ. This Act shall extend to Ireland only.

Act. •'



Under the two following Acts, ("The Bake-
house Regulation Act, 1863," and "The
Workshop Regulation Act, 1867,") the Guar-
dians of the union are charged with the duty
of enforcing certain provisions in places where
they are the Local Authority ; and it has been
thought right, therefore, to include, as part
of the sani&iry code, such provisions of those
two Acts as the Guardians may be called
upon to enforce.



■26 k 27 Vic. 26 & 27 ViCT. Cap. 40.

0. 40,

bakbhousr An Act for the Regulation of Bakehouses.



Bboulatio
Act,
1863.



[13^ J^y, 1863.]



Whereas it is expedient to limit the hours of
labour of young persons employed in bakehouses,
and to mtJce regulations with respect to cleanliness
and ventilation in bakehouses : Be it enacted by
the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiiitual and
Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same,
as follows :
Short title. 1. This Act may be cited as "The Bakehouse

Regulation Act, 1863."
int<>vprera- 2. For the purposes of this Act the words
tioM o. t rius iierein-afber mentioned shall be construed as fol-
lows J that is to say.

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Part II. 5.] Bakehouses HegtUation. 491

** Local Authority" shall, as respects any place, *• * Vo^'*^*
mean the persons or bodies of persons de- BjLMxawma,
fined to be the Local Authority in that »"^^y»o''
place ... by the Nuisances Removal >b63!
Acts hereinafter mentioned ; that is to say,
. . . as to IreUmdy by the Acts passed,
the one in the Session holden in the
eleventh and twelfth years of the reign of
Her present Majesty, chapter one hundred
and twenty-three, and the other in the
Session holden in the twelfth and thirteenth
years of the reign of Her present Majesty,
chapter one hundred and eleven* :

'^ Bakehouse" shall mean any place in which
are baked bread, biscuits, or confectionery,
from the baking or selling of which a
profit is derived :

** Employed," as applied to any person, shall
include any person working in baakehouse,
whether he receives wages or not :

^* Occupier" shall include any person in pos
session:

** The Court" shall include any Justice or
Justices, Sheriff or Sheriff Substitute,
Magistrate or Magistrates, to whom juris-
diction is given by this Act.

3. No person under the age of eighteen years Limitation of
shall be employed in any bakehouse betwee^ the i»warof
hours of nine of the clock at night and five of the i^^^^^j^
clock in the mommg. ago.

If any person is employed in contravention of
this section the occupier of the bakehouse in which
he is employedshall incur the following penalties in
respect of each person so employed ; that is to say,

For the first offence, a sum not exceeding two
pounds:

For a second offence, a sum not exceeding five
pounds:

For a third and every subsequent offence, a sum
not exceeding one pound for each day of
the continuance of the employment in con-

* The"e Acts are repealed bj the Sanitary Act, 1866 — 29 &, so
Vic. c, 90 (p. 391); but other provisions are nibstitnted, and tiie
powers of Boards of Gnardiaas aro presenred.

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41)2 Bahehoiises Eegulatioii, [Part II. 5.

26 ^ *Jo^'^' travention of this Act, so that no greater

B AKEHousK greater penal ty be imposed than ten pounds.

'**"act^'"'^ 4. The inside walls and ceiling or top of every

1863! bakehouse situate in any city, town, or place con-

taining according to the last Census a population

Rcgoutions of more than five thousand persons, and the

n^of bSe" passages and staircase leading thereto, shall either

houie. be painted with oil. or be limewashed, or partly

painted and partly lime washed : where painted

with oil there shall be three coats of paint, and

the painting shall be renewed once at least in

every seven years, and shall be washed with hot

water and soap once at least in every six months :

where limewashed the limewashing shall be

renewed once at least in every six months.

Every bakehouse wherever situate shall be kept
in a cleanly state, and shall be provided with
proper means for effectual ventilation, and be free
from effluvia arising from any drain, privy, or
other nuisance.

If the occupier of any bakehouse fails to keep
the same in conformity with this section he shall
be deemed to be guilty of an offence against this
Act, and to be subject in respect of such offence
to a penalty not exceeding five pounds.

The Court having jurisdiction under this Act
may in addition to or instead of inflicting any penalty
in respect of an offence imder this section, make
an order directing that within a certain time to be
named in such order certain means are to be
adopted by the occupier for the purpose of bring-
ing his bakehouse into conformity with this ee^
tion; the Court may upon application enlarge any
time appointed for the adoption of the means
directed by the order, but any non-compliance with
the order of the Court shall, after the expiratiofn
of the time as originally limited or enlarged by
subsequent order, be deemed to be a continuing
offence, and to be punishable by a penalty not
exceeding one pound for every day that such non-
compliance continues.

5. No place on the same level with a bakehouse
situate in any city, town, or place containing
according to the last Census a population of more

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Part II. 5.] BakeJiouses ReynkUioiu 493

than five thousand persons, and forming part of 2« * 27 Vic
the same building, shall be used as a sleeping bauchoum
place, unless it is constructed as follows ; that is ^■o^'^tio"
to say, 1863.

Unless it is effectually separated from the bake- as tod^p-
house by a partition extendint' from the •"» p'»««
floor to the ceiling : hoiuot.

Unless there be an external glazed window of
at least nine superficial feet in area, of
which at the least four and a half superficial
feet are made to open for ventilation :
And any person who lets, occupies, or continues
to let, or knowingly suffers to be occupied, any
place contrary to this Act, shall l^e liable for the
first offence to a penalty not exceeding twenty
shillings, and for every subsequent offence to a
penalty not exceeding five pounds.

6. It shall be the duty of the Local Authority Pow<»r to
to enforce within their district the provisions of Aathonty to
this Act, and in order to facilitate the enforce- ^pforoe p"»-
ment thereof any (Mcer of Health, Inspector of this Act.
Nuisances, or other officer appointed by the Local
Authority, herein-before referred to as the In-
spector, may enter into any bakehouse at all times
during the hours of baking, and may inspect the

same, and examine whether it is or not in conformity
with the provisions of this Act; and any person
refusing admission to the Inspector, or obstruct-
ing him in his examination, shall for each
offence incur a penalty not exceeding twenty
pounds 3 and it shall be lawful for any Inspector
who is refused admission to any bakehouse, in
pursuance of this section, to apply to any Justice
for a warrant authorizing him, accompanied by a
police constable, to enter into any such bakehouse
for the purpose of examining the same, and to
enter the same accordingly.

7. All expenses incun-ed by any Local Autho- As to
rity in pursuance of the provisions of this Act may SmJ "" "'^
be paid out of any rate leviable by them, and Anthorfty
i^pUcable to the payment of the expenses incurred thbArt? "'
by the Local Authority under the said Nuisances
Removal Acts, and the said Authoiity may levy

such rate accordingly.

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494 Bakehouses Regulation, [Pabt IL 5.

so & 87 Vir.

a 40, PENALTIES.

Bakbhousb

BnuLATioN 8. All penalties under this Act may be reco-

1863! vered summarily before two or more Justices;

. . . . as to Ireland, in manner directed by

J^2I«»7 ^ the Act passed in the S^sion holden in the four-
**■ teenth and fifteenth years of the reign of Her
Majesty Queen Vicioriay chapter ninety-Uiree,
intituled An Act to consolidate and amend the Acts
regulating the Froceedhigs of Petty Sessions and the
Duties of Justices o/tJie Peace out of Quarter Ses-
sions in Ireland, or any Act amending the sama

Jatudictioa 9. Any Act, poweT, or jurisdiction herd)y

M^*i![tc«. authorized to be done or exercised by two Justices
may be done or exercised by the following Magis-
trates within their respective jurisdictions ; that is
to say, .... as to Ireland, by any one or
more Divisional Magistrates of Police in the PoHce
District of Dublin, and elsewhere by one or more
Justice or Justices of the Peace in Petty Sessions.



30 & 31 Vict., Cap. 146.

30 A ai Vic. An Act for regulating the Hours of Labour for

Workshop Children, Young Persons, and Women employed

Act, m Workshops ; and for other purposes relatmg

— thereto.

[2\st August, 1867.]



Whereas by " The Factory Acts Extension Act
1867,'' provision is made, amongst other things,
for r^ulating the hours during which childreQ,
young persons, and women are permitted to labour
in any manufacturing process conducted in an
establishment where fifty or more persons are
employed :

And whereas it is expedient to extend pmieo-
tion 80 far as respects the regulation of the houn
of labour to children, young persons, and women
working in smaller establishments, and further to
make provision respecting the employment of a
fan or other mechanical means for the pretention

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Part IL 5.] Wcrksliops Regulation. 496

of the inhalation of dust by workmen in processes ^^ * ^1/'*^

of grinding : Workshop

Be it therefore enacted by the Queen's most ^^^^j^^'^^
Excellent Majesty, by and with the advice and iser!
consent of the Lords Spiritual and Temporal, and
CommonSy in this present Parliament assembled,
and by the authority of the same, as follows :

1. This Act may be cited for all purposes as shonuu©.
"The Workshop Regulation Act, 1867/'

2. This Act shall apply to the whole of the Extent of
United Kingdom. '^''*-

3. This Act shall come into operation on the Commenoe-
first of January, one thousand eight himdred and °»«»»*®f -*^«*-
sixty-eight.

4. The following words and expressions shall in Genmai defi-
this Act have the meanings hereby assigned to "'' **"*"
them, unless there is something in the context in-
consistent with such meanings ; that is to say,

" Child " shall mean a child under the age of
thirteen years :

" Young person" shall mean a person of the age
of thirteen years and under the age of
eighteen years :

" Woman " shall mean a female of the age of
eighteen years or upwards :

" Parent '* shall mean parent, guardian, or per-
son having the custody of or control over
any such child or young person :

"Employed" shall mean occupied in any handi-
craft, whether for wages or not, under a
master or under a parent as herein defined :

"Handicraft" shall mean any manual labour
exercised by way of trade or for purposes
of gain in or incidental to the making any
article or part of an article, or in or inci-
dental to the altering, repairing, ornament-
ing, finishing, or otherwise adapting for
sale any article :

"Workshop" shall mean any room or place
whatever, whether in the open air or under
cover, in which any handicraft is carried
on by any child, young person, or woman,
and to which and over which the person
by whom such child, young person, or

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496



Workshops Regulation. [Paet II. 5.



:n&3i Vic.

c 146,
Workshop

KBOUUiTIO.V

Act.
1867.



Application
of Act.



RogaUtions
aa to time of
Uboar.



woman Ls employed, has the right of access
and control :
"The Court" shall include any Justice or Jus-
tices, Sheriff or Sheriff Substitute, Magis-
trate or Magistrates, to whom jurisdiction
is given by this Act.
5. This Act shall not apply —

1. To any factory or part of a factory, or other

place subject to the jurisdiction of the
Inspectors of Factories, in pursuance of
any Act of Parliament already passed or
which shall be passed during this present
Session of Parliament :

2. To any bakehouse as defined by "The

Bakehouse Regulation Act, 1863'."
(). Subject to the exceptions mentioned in the
First Schedule annexed hereto**, the following r^u-
lations shall be observed with respect to the em-
ployment of children, young persons, and women
in workshops :

1. No child under the age of eight years shall

be employed in any handicraft :

2. No child shall be employed on any one

day in any handicraft for a period of more
than six and a half hours, and such employ-
ment shall take place between the hours of
six in the morning and eight at night :

3. No young person or woman shall be em-

ployed in any handicraft during any period
of twenty-four hours for more than twelve
hours, with intervening periods for taking
meals and rest amounting in the whole to
not less than one hour and a half, and such
employment shall take place only between
the hours of five in the morning and nine
at night :

4. No child, young person, or woman shall be

employed in any handicraft on Sunday, or
after two o'clock on Saturday aft;emoon,
except in cases where not more than five
persons are employed in the same establish-
ment, and where such employment consists



« 26 & 37 Vic. c. iO (p. 490). ^ Page «01.

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Part II. 5.] Workshops Regulation. 497

in making articles to be sold by retail on '^ * ^ur^^'
the premises, or in repairing articles of Woucshop
a like nature to those sold by retail on the ""Xct."""
premises : iser.

5. No child under the age of eleven years shall
be employed in grinding in the metal trades
or in fustian cutting.

7. If any child, young person, or woman is em- Penalty for
ployed in contravention of this Act, the following J^'Sludren?
consequences shall ensue : Tonng per-'

First, the occupier of the workshop in which women^wn-
such child, young person, or woman is^^j^t*'"
employed, shall be liable to a penalty of not this Act.
more than three pounds :

Second, the parent of or the person deriving any
direct benefit from the labour of or having
the control over the child, young person,
or woman, shall be liable to a penalty of
not more than twenty shillings, unless it
appears to the Court before whom the
complaint is heard that the offence has
been committed without the consent, con-
nivance, or wilful default of the parent
or person so benefited, or having such
control.

8. In every workshop where grinding, glazing, Protwion
or polishing on a wheel, or any other process is ]^^^J**o7ftm
carried on by which dust is generated and inhaled in grinding.
by the workmen to an injurious extent, if it
appears to the Local Authority or to any Inspector

of Factories that such inhalation could be to a
great extent prevented by the use of a fan or
other mechanical means, it shall be lawful for
the Local Authority or for the Inspector of Fac-
tories, by notice served on the occupier of the
workshop in the manner in which notices given by
such Local Authority or by the Inspector of Fac-
tories are usually served, to require a fan or such
mechanical means as may from time to time be
approved by one of Her Majesty's Principal Secre-
taries of State, under the provisions of the Fac-
tory Acts, to be provided by the occupier of the
workshop within a reasonable time.

If the occupier of any workshop fails to provide

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498 Workshops liegtdatum. [Part II. 5.

^ * VaY'^ ^ ^^^^ ^^ other mechanical means in compliance with

Workshop a notdoe Served on him in manner aforesaid^ he

''"act.''**" shall be deemed to be guilty of an offence against

i*€7. this Act, and to be subject in respect of such offence

to a penalty not exceeding ten pounds nor less than

three pounds.

The Court having jurisdiction to inflict any
penalty under this Act may, in addition to or
instead of inflicting such penalty in respect of
an offence under this section, make an order
directing that within a certain time to be named
in such order he do provide such fan or other
mechanical means : The Court mayupon application
enlarge any time appointed for the adoption of the
means directed by the order, but any non-com-
pliance with the order of the Court shall, after the
expiration of the time as originally limited or en-
lai^^ by subsequent order, be deemed to be a
continuing offence, and to be punishable by a
penalty not exceeding one pound for every day
that such non-compliance continues.
^^♦» 9. If, on the complaint of any Officer of Health,

appointed by Inspector of Nuisances, or other officer appointed
^JUJf^^"^^ by a Local Authority, or of any Superintendent of
tomter ' PoHce, it appears to any Justice of the Peace that
*** there is reasonable cause for believing that any of
the provisions of this Act or of the Sanitary Act»
1866, are contravened in any workshop, it shall
be lawful for such Justice, by order under his
hand, to empower the complainant to enter inta
such workshop at any time within forty-eight houn
from the date of such order, and to examine suck
workshop; and any person so empowered maj
examine, touching any matter within the provi-
sions of this Act or of "The Sanitary Act, 1866V
so far as relates to such workshop, any pereoi
whom he finds in such workshop.
Ponaitr on "^7 pcrson refusing adnusaion to any persoi
p^."« so empowered, or obstructing him in the discharge
•dmiMfoii. of his duty, shall for each offence incur a penaltj

not exceeding twenty pounds.
LUbiiity of 11. Where in any workshop the owner or hirer

h'rcr of V 1

• 29 A 30 Vic. c. 90 (p. 891).

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Paet 11. 5.] Worka/iops Regulation, 499

of any machine or implement moved by steam, 30 * 3i Vic
wrter, or other mechanical power, in or about or woukbhop
in connexion with which machine or implement ^^^JJ^^'*^
children, young persons, or women are employed, i867.
is some person other than the occupier of the ni»chl^
workshop, and such children, young persons, or ^^^^ •'
women are in the employment and pay of the ***^"^ ^^'
o^ner or hirer of such machine or implement, in
any such case such owner or hirer shall, so far as
nspectB any offence against this Act which may be
emimitted in relation to such (diildren, young
persons, or women, be deemed to be the occupier
of the workshqp.

12. All penalties under this Act may be re- RwjoTeryMd

covered summarily ; as to JJJaiaii!" *

Matidf in manner directed by the Act passed

in the Session holden in the fourteenth and
iifleenth years of the reign of Her Majesty Queen
Victoria, chapter ninety-three, intituled An Act
to consoUdaie and amend the Acts regidating the
Proceedings of Petty Sessions and the Duties of
Justices of the Peace out of Qttarter Sessions in
Irdand, or any Act amending the same.

The Court imposing any penalty under tliin
Act may direct the whole or any part thereof to
be applied in or towards the payment of such
costs of the proceedings as the Court thinks just
(inclading compensation for loss of time to the
p6r8on upon whose information such penalty was
recovered), and, subject as aforesaid, all i)enalties
sball be applied in the manner directed by the
Acts referred to in this section.

13. For the purposes of this Act, in the several Dencnptioa
pWcea mentioned in the first column of the Second Authority.
S^edule hereto annexed* the Local Authority shall

U the bodies of persons or persons in that behalf
specified in the second column of the same Sche-
cble, and such Schedule shall be deemed to be
I«rt of this Act.

14. The following regulations shall be made
(subject to the provisions herein-after mentioned)
respecting the education of children employed in
workshops :



•» I'ux'.' ••''»■••.



d by Google



500



Works/tops Regulation. [Part II. 5,



30 ft 31 Vic.

a 146,

Workshop

Rboulatiom

Act,

1867.

Ropulations
for attonU-
anee at
sohool of
ohildren
employed in
workshopn.



Parents
to cauw
children
to attend
Kchool.



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 44 of 90)