John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

. (page 42 of 77)
Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 42 of 77)
Font size
QR-code for this ebook


and shall, on conviction thereof in a court of summaiy jurisdiction, be
liable for the first offence to a penalty not exceeding ten shillings,
and for every subse<juent offence to a jieiialty not exceeding twenty
sliillings.

18. It shall not be lawful for a ])erson having a certificate to lend or
transfer it to anotlu'r.

It shall not be lawful for any person to borrow, accept, or use a
certificate issued to another.

If any person acts in contravention of this section he shall be guilty of
an offence against this Act, and shall for every such offence, on conviction
thei-eof in a court of summaiy jurisdiction, be liable to a penalty not
exceeding twenty shillings.

19. If any person does any of the following things he shall be guilty
of an offence against this Act :

(1.) If he makes, or pi'ocures to be mad<\ or aids in making, a fals-
statement or representation, kmiwing it to be false, in any
apjdication for a certificate :
(2.) If he fabricates, or counterfeits, or alters, or procures to be
fabricated, or counterfeited, or altered, or aids in fabricating,
or counterfeiting, or altering a certificate :
(3.) If he carries, produces, or shows, a fabricated, oi' counterfeited,
or altered certificate, knowing it to be such :
and every persf)n so offending shall, on conviction thereof in a couil of
summary jui'isdiction, be liable foi- the first difeurc to a jieiialty not ex-
ceeding forty shillings, and for eveiy subse(juent offence to the like
penalty, with or without iiu]>risonnient for a term not exceeding six
months, with or without haid labour, oi- to such imprisonment alone,
with or without hard labour.

■20. If any ])erson having a certificate is convicteii of an offence against
the. (Jhimney Sweepers and Chimneys Kegulution Acts, 1840 and 18(j4,



LEGISLATION AS TO CHIMNKY SWEKPEKS. 303

or oitluT of tlu'iii, the court or justice bcrmt' whom he is convicted may,
it" it seems fit, deprive him of his certificate for tlie residue of tlie current
year ; and if any person not having' a certificate is convicted of anoffeiici-
against the Chimney Sweepers and Chimneys Regulati(m Acts, 1840 and
1864, or either of tliem, the court or justice before whom he is convicted
may, if it thinks fit, in addition to imposing any other penalty wliidi it
may be authwised to impose, declare him dis(|ualified to hold any
certificate under this Act for any term not exceeding one year ; but sucli
de))rivation or discpialitication shall be suspended pending any appeal
under section eleven of the Chimney Sweepers and Chimneys Regulation
Act, 1840, and shall lie in the discretion of the coui't of a])] )eal in case the
conviction is confirmed.

21. The chief officer of jxdice .shall enforce aiid put in execution tlie
Chimney Sweepers and Chimneys Regulaticm Acts, 1840 and 18(54,
without prejudice to the right of any othei- person to institute ]iroceedings
thereunder.



Ireland.

22. In Ireland the Lord Lieutenant (U- other chief governor or
governors of Ireland for the time being .shall have power and authority
under this Act in lieu of one of her Majesty's Principal Secretaries of
State.

23. Penalties recovered in Ireland shall be ap])lied according to the
Fines Act (Ireland), 1851, or any Act amending the same.

Savings.

24. A person shall not be exempt from the provisions of any Act re-
lating to idle or disorderly persons, or to rogues or vagabonds, by reason
only that he has a certificate under this Act, or assists or accompanies a
person having such a certificate.

25. Nothing in this Act shall interfere with the operation of any
other Act in ft)rce in any city, town, or other place, or take away or
abi-idge any power vested in any local authority by any general or local
Act.



394



THE LAW OF MASTER AND SERVANT.



THE SCHEDULE.



TART 1.
Police Districts akd Offickrs.



Police District.



Chief Officer of Police.



In England.



Tlie city of London, and tlie liberties
thereof, exclusive of Southwark.

The Metropolitan Police District.

Any county, any riding, parts, divi-
sion, or liberty of a county, any
borough, or town maintaining a
separate police force.



The Commissioner of Police of the
City.

The Conimissioner of Police of tlie
Metropolis.

The chief constable or head constable,
or other officer, by whatever name
ealle<l, having the chief command
of the police in tlie district.



In Ireland.



The police district of Dublin metro-
polis.

Any district, whether city, town, or
county, over which is appointed a
sub-inspector of the Itoyal Irisli
Constabulary.



Either of the commissioners of police

for the district.
The sub-inspector.



All tlie ]>()lice under (nio chief cdustable constitute one pcdice force for
the purposes of this schedule.



PAUT ir.

Su.M.MARY Jurisdiction Acts.

I. — England.

11 & 12 Vict. c. 43. — An Act to facilitate the ])ei formancc of the duties
of Justices of the Peace out of sessions within Kn^Iand and "Wales with
respect to summary convictions and orders.

Any Acts amending the siinie.



LEGISLATION AS TO CHIMNEY SWEEP KIW.



39i



II. — Ireland.

Within tlie police district of Dublin metropolis, the Acts relating' to
the powers and duties of justices for that district fir the police of theii-

district.

Elsewhere in Ireland, tlu; Petty Sessions (Ireland) Act, 1851.
Any Acts amending the same.



PART III.

Forms.

(A). — Application for Certificate.



I A. B. [names of applicant in full] of [(hoellimjplace] hereby apply for
a certificate under the Chimney Sweepers Act, 1875, to authorise me to
act as a chimney sweeper within police district ; and I

declare that the following statement is true and correct :



Dated this day of



,18 .
(Signed)



Names of all Ajiprentices
and others iu my employment.


Ages of those
under 21.


Date and Terra of
Apprenticeship.


A.B.

Apprentice ....
CD.

Journeyman . . . .
RF.


17


18 .

[ ] yeai-s.



A. B.



(B.) — Certificate.



In pursuance of the Chimney Sweepers Act, 1875, I hereby certify
that A. B. [iiames of applicant infuW] of , in the county

of , is authorised to carry on the business of a chimney

sweeper within the
from the date of this certificate.

Dated the day of



police district for one yeai-, reckoned
,18 .



(Signed)



CD.,
Police Officer.



CHAPTER VI.

ACTS RELATING TO EMPLOYMENT IN MINES.

COAL MINES REGULATIOX ACT.
3', k 36 VICT. c. 76 (1872).

An Ad to consolidate (ViJ anicnd the Acts relating to the Ilerjulation of Coal
Mines and certain other Mines.

Whereas it is expedient to consolidate and amend the law relating to
the regulation and inspection of coal mines and certain other mines :

Be it enacted by the Queen's most Excellent Majesty, by and -with
the advice and consent of the Lords spiritual and temporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follo\\'s :

}'rclimi}U(nj.

1. This Act may ha cited as " The Coal Mines Kegulation Act,
1872."

2. This Act, except as herein-after piovided, .-^hall not come into
operation in England and Scotland until the first day of January, one
thousand eight hundred and seventy-three, and in Ireland until the first
day of January, one thousand eight hundred and seventy-four, which
dates are in this Act respectively referred to as the commencement of
this Act.

3. This Act sliall ai)ply to mines (-0 "f ^'f''^^, niines of stratified iron-
stone, mines of shale, and mines of fire-clay.

PART I.

Enijiloyment of Jf'omen{b), Yonnij Persons, and Children.

4. No lioy under the age of ten years, and no woman m- girl of any

(a) Sees. 70 ; also llonicOlliceCii- .<: Sin. 39.5 ; and on ai>i)(^al, I.. I!,

cular of 28th Nov., 1872. As to I Ch. 'iOZ ; At/. ■0'')i. of Jsic of Man-

diflurence })t'tween "mine" and v. Afi/lerlirfcst, lu \l. 4 A\). 294.
"iiuarry," />// v. Jl'llsn,>, -1 Dr. (/») Sec s. 72. In Faetory Aet, 41



COAL MINES RK(;ULATFON ACT. 397

age, shall Le cmployeil in or allowed to Le for llie pur])Osc of employ-
ment in any mine to which this Act applies helow ground.

5. A boy of the age of ten and under the age of twelve years shall not
be employed in or allowed to he for the purpose of empLjyment in any
mine to which this Act applies below ground, except in a mine in which a
Secretary of State, by reason of the thinness of the, seams of such mine,
considers such employment necessary, and Ijy order, published as he may
think lit, for the time being allows the same, nor in such case

(a.) for more than six days iu any one week ; (jr,

(6.) if he is employed for more than three days in any ojie week for

more than six hours in any one day ; or,
(c.) in any other case for more than ten hours in any one day ; or,
(d.) otherwise than in accordance with the regulations hereinafter

contained (c).

6. A boy of the age of twelve and under the age of thirteen j-ears, and
a male young person under the age of sixteen years, shall not be em-
ployed in or allowed to be for the purpose of employment in any mine
to which this Act applies below ground for moi'e than tifty-four hours
in any one week, or more tlian ten hours in any one day, or otherwise
than in accordance with the regulations hereinafter contained.

7. For the lairjjose of the provisions of this Act with respect to the
employment of boys and male young persons in a mine below ground,
the following regulations shall have effect ; that is to say,

(1.) There shall be allowed an interval of not less than eight hours
between the period of employment on Friday and the period
of employment on the following Saturday, and in other cases
of not less than twelve hours between each period of em-
ployment :

(2.) The period of each employment shall be deemed to begin at
the time of leaving the surface, and to end at the time of
returning to the surface :

(3.) A week shall be deemed to begin at midnight on Saturday
night, and to end at midnight on the succeeding Saturday
night.

8. The following regulations shall have efllect with respect to boys of
the age of ten and under the age of twelve years employed in any mine
to which this Act applies below ground :

(1.) Every such boy shall attend school for at least twenty hours in

every two weeks during which he is so employed :
(2.) In computing for the purpose of this Act the time during which

Vict. c. 16, " child " means a child years, and under the age of sixteen

under the age of fourteen, not, as yeais ; and " woman '' a female of

here, thirteen; "young person" a eigliteen years of age and upwards,

person of the age of fourteen years, and not, as here, a female of the

and under the age of eighteen years, age of sixteen years and upwards,

not, as here, of the age of thirteen (f) See ss. 8, i', 11, ami TJ.



398 THE LAW OK MASTER AND SERVANT.

a Ijny lias attended scIkkiI, tlieic shall nol lie included any
time diirinj^f which such hoy has attended either,

(a.) in excess of three hours at any one time, or in excess
of five hours on any one day, or in excess of twelve hours
in any one week ; or
(6.) on •Sundays ; or

(c.) before eiglit o'clock in the morning- or after six o'clock
in the evening :
Provided that the non-attendance of any boy at school shall be
excused —

(1.) For any time during which he is certified by the principal
teacher of the school to have been prevented from attendance
by sickness or other unavoidable cause :
(2.) For any time during which the school is closed for the custi miary

holidays, or for some other temporary cause ; and
(3.) For any time during which there is no school which the boy
can attend within two miles (measured according to the nearest
road) from the residence of such boy or the mine in which
he works.
The immediate employer {d) of a boy in every mine to which this Act
applies, who has employed such boy for any time amounting in tlu'
whole to not less than fourteen days, shall on ^Monday in every week
durin" the employment of such boy obtain from the i)rincipal teacher of
some school a certificate that the boy so employed has in manner
I'equired by this Act attended school during the preceding week, if
attendance at school was so required during that week.

The certificate may be in such form as a Secretary of State may from
time to time prescribe.

The immediate employer, Avhere he is not the owner, agent, or manager
of the mine, shall deliver such certificate to the owner, agent, or manager
of the mine, and the owner, agent, or manager shall obtain the delivery
of such certificate, and shall keep any certificate obtained or delivered in
pursuance of this section for six months in the office at the mine, and
shall produce the same to any inspectfir under this Act at all rt-asonable
times when required by him during that period, and allow him to
inspect and copy the same.

Everv l)erson who foi'ges or counterfeits any certificate requii'ed by
this section or gives or signs any such certificate falsely, or wilfully
makes use of any forged, counterfeit, or false certificate, shall be liable on
conviction to imprisonment for a period not exceeding three montlis,
with or without hard laljour.

9. The principal teacher of a school («) which is attended by any boy
employed in a mine to which this Act applies may apply in writing to

((/) Not defined; hut appears to mentioned in s. 17.
refer to the getter of the minerals (-•) Sec s. 10.



COAL MINES IIEGULATION ACT. .'}9f)

the ])ersou wlio i)ays the wages of such boy to pay such sum as herein-
after mentioned on uccount of any boy in respect of wliom he may have,
duly granted a certificate in pursuance of tliis Act, and after the (hite of
such application, such person, so long us lie emitloys the boy, shall ])ay
to the ]U'incipal teacher of the said scIkioI, for every week that the boy
attends that school, the weekly sum specified in the application, not ex-
ceeding two pence per week, and not exceeding one-twelfth ]iart of the
wages of the boy, and may deduct the sum so paid by him from the
wages payable for the services of such boy.

Any person who after such application refuses to pay on demand any
sum that may become due as aforesaid shall be liable to a penalty not
exceeding ten shillings.

10. If an inspectoi under this Act is sutisfied 1)V iiis]>ectiiiU(if a sclmol
or otherwise that the principal teacher of a sclioul who grants certificates
of school attendance re([uired under this Act ought to be tlisipialified for
granting such certificates for any of the following reasons ; namely,

(1.) Because he is unfit to instruct children by reason either of his
ignorance or neglect, or of his not having the necessary books
and materials :

(2.) Because of his immoral conduct : or,

(3.) Because of his continued neglect to fill u]) proper certificates of
school attendance :

in any such case he may serve on the teacher a written notice stating the
reason for such disqualification. At tlie expiration of two weeks from
the date of such notice the teacher shall, subject to the appeal hereinafter
mentioned, be disqualified for granting certificates.

The inspector shall, so far as lie can, serve on every employer of a
child who obtains certificates from such teacher a notice to the like effect
as the notice served on the teacher, and also specifying a school which
the child employed by such, employer can attend within two miles
(measured according to the nearest road) from the place of employment
or the residence of the child.

Any teacher who is disqualified as aforesaid, and any employer who
obtains certificates from him, may, within three weeks after the service of
the notice on the teacher, appeal therefrom to the Education Department,
who may confirm or reverse such dis(pialification.

After a teacher is disqualified for granting certificates, no certificate
given by him .shall be deemed to be a certificate in compliance with this
Act, unless in the case of there being no other school which the child
employed in a mine can attend within two miles (measured according to
the nearest road) from the mine or the residence of such child, or unless
with the ■\\Titten consent of an inspector inider this Act.

The inspectors under this Act shall in their rejiorts to a Secretarv of
State report the name of every teacher dis(pialified under tliis section
during the preceding twelve months, the name of the school at which



400 THE LAW OF MASTER AND SERVANT.

lie taught, and surli last-mentioned report shall lie conimunicated to the
Committee uf Council on Education.

11. The followin;^' rejj;ulati()n shall apply to every lioy of ten and
under twelve yeais of age, enqiloyed helow ground in any mine to
which this Act apjdies : —

The parent, guardian, or person having the custody of or control over

any such hoy shall cause him to attend school in accordance with

the regulations of this Act :
Every such parent, guardian, or person who wilfully fails to act in

conformity with this section shall be liable to a penalty of not

more than twenty shillings for each oti'ence.

12. With respect to women, young persons, and children employeil
above ground, in connection with any mine to which this Act applies,
the following provisions shall have efi'ect :

(1.) No child under the age of ten years shall be so employed :
(2.) The regulations of this Act with respect to boys of ten and under

twelve years of age shall apply to every child .so employi'd :
(3.) The regulatnms of this Act with respect to male young persons
under sixteen years of age shall apply to every woman and
young person so employed :
(4.) No woman, young person, or child shall be so employed
Ijetween the hours of nine at night and fi\e on the follow-
ing morning, or on Sunday, or after two o'clock on Saturday
afternoon :
{').) Intervals i'ur meals shall be allowed to e^■ery woman, young
person, and child so employed, amounting in the whole to
not less than half an hour during each period of employment
which exceeds five hours, and to not less than one hour and
a half during each jieriod of employment which exceeds
eight hours.
The provisions of this clause as to the employment of women, young
persons, and children after two o'clock on Saturday afternoon shall not
apply in the case of any mine in Ireland, so long as it is exemj)ted in
writing by a Secretary of State.

13. The owner (/), agent, or manager of every mine to which this
Act applies shall keep in the ofiice at the mine a register, and shall
cause to be entered in such register the name, age, residence, and.
date of first employment of all boys under the age of twelve y&irs,
and of the age of twelve and under the age of thirteen years, and of
all male young persons under the age of sixteen years who are em-
]iloyed in the mine below ground, and of all women, young persons,
and children emjiloyed above ground in connection with the mine, and
;i memoian(him of the certificates uf the school attendance of such boys
<ibtained in pursuance of this Act, and shall piodiice such register to an}'-

(/) "Owner" incliulis contractor, s. 72.



COAL MINKS RP:GULATT0N ACT. 401

inspector tindur this Act at tlie mine at all ivasitnablc tiincs wlicn rc-
i|uire(.l by liiiii, and allow him to inspect and copy the same.

The immediate employer of every hoy or male yinuig person of the
ages aforesaid, other than the owner, agent, or manager of the mine,
before he causes such boy or male young person to be in any mine to
which this Act applies below ground, shall report to the numager of such
mine, or some person appointed by such manager, that he is about to
employ him in such mine.

14. Where there is a shaft (i/) or inclined plane or level in any nunc
to which this Act applies, whether for the purpose of an entrance to
such mine or of a communication from one part to another part of such
mine, and persons are taken up or down or along such shaft, plane, or
level by means of any engine, windlass, or gin, driven or worked by
steam or any mechanical power, or by an animal, or by manual labour,
a person shall not be allowed to have charge of such engine, windlass, or
gin, or of any ]iart of the machinery, ropes, chains, or tackle connected
therewith, unless he is a male of at least eighteen years of age.

Where the engine, windlass, or gin is worked by an animal, the person
under whose direction the driver of the animal acts shall, for the purposes
of this section, be deemed to be the person in charge of the engine,
windlass, or gin, l)ut such driver shall not be under twelve years of age.

15. If any person contravenes or fails to com})ly with, or permits (A)
any person to contravene or fail to comply with, any provision of this
Act Avith res])ect to the employment of women, girls, young persons,
boys, or children, or to the attendance of boys at school, or to the
register of boys and male young persons, or of women, young persons,
and children, or to the reporting the intended employment of boys or
male young persons, or to the employment of persons about any engine,
windlass, or gin, he shall be guilty of an offence against this Act ; and
in case of any such contravention or non-compliance by any person
whomsoever, the owner, agent, and manager shall each be guilty of an
offence against this Act, unless he prove that he had taken all reasonable
means by publishing and to the best of his power enforcing the provisions
of this Act to prevent such contravention or non-compliance.

If il ap])ear that a child, boy, or young person, or a iierson employed
about an engine, Avindlass, or gin, was employed on the representation
of his parent or guardian that he was of that age at which his employ-
ment would not be in contravention of this Act, and under the belief in
good faith that he was of that age, the owner, agent, or manager of the
mine and emjjloyer shall be exempted from any penalty, and the parent
or guardian shall, for such misrepresentation, be deemed guilty of an
offence against this Act.

(g) Sees. 72. the offence of ''allowing" a breach

{h) In r,r,j. V. Handhu, n L. T. of the Act, knowledge or acquiescence

N. S. 827, decided under 5 & 6 Vict. must be shown.

c. 99, it was held that to constitute



402 THE LAW OF MASTER AN]> SEllVAKT.



Wages.

IC). No wages shall lie paid to any person employed in or about
any mine o wliicli this Act ajtplies at or within any public hou^^e, beer
simp, iir ])lafc for the sale of any spirits, beer, wine, cyder, or other
spirituous or fermented li(iuor, or other house of entertainment, or any
othce, t,'arden, or ])lace belonging or contiguous thereto, or occupied
tlu-rewith.

Every ])erson who contravenes or fails to conijih' with or jiermits any
])erson to contravene or fail to comply with this section shall be guilty
(jf an offence against this Act ; and in the event of any such contraven-
tion or non-compliance by any person whomsoever, the owner, agent,
and manager shall each be guilty of an offence against this Act, unless
lie ])rove that he had taken all reasonable means by ])ublishing and to
the best of his power enfoi'ciug the ju'ovisions of this section to jirevent
such contravention or non-compliance.

17. Where the amount nf wages paid to any of the persons em])loyed
ill a mine to which this Act applies depends on the amount of mineral
gotten l)y them, such persons shall, after the first day of August,
one thousand eight hundred and seventy-three, unless the mine is
exempted by a Secretary of State, be paid according tu the weight of
the mineral gotten by them, and such mineral shall be truly weighed
.'.ccordingly.

Provided always, that nothing herein contained shall preclude the
owner, agent, or manager of the mine from agreeing with the persons
employed in such mine that deductions shall be made in respect of
stones or materials other than mineral contracted to be gotten, which
shall be sent out of the mine with the minei-al contracted to be gotten,
or in respect of any tubs, baskets, or hutches being impropei'ly filled
in those cases where they are filled by the getter of the mineral or his
drawer, or by the ])erson immediately employed by him, such deduc-
tions being determined by the banksman or weigher and check weigher
(if there ba one), or in case of dillerence by a third party to be mutually
agreed on by the owner, agent, or manager of the mine on the one hand,
and the ])er.sons employed in the mine on the other.

Where it is proved to tin- satisfaction of a Secretary of State that by
reas(;n of any exigencies existing in the case of any mine or class of
mines to which the foregoing provision in this section applies, it is re-



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 42 of 77)