John Macdonell.

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

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Procedure Act, 1864, and of any Act or Acts amending the
same ; and
In Ireland, within the police district of Dublin metropolis in accordance
with the provisions of the Acts regulating the powers and duties of
justices of the peace for such district, or of the police of such district,
and elsewhere in Ireland in accordance with the provisions of the
Petty Sessions ^Ireland) Act, 1851, and any Act amending or aflecting
the same.



CHAPTER IX.

THE FACTORY ACT.

During this century the Legislature has passed various
Acts with a view to secure the lieallh and safety of women,
young persons, and children working in factories. The first
of these statutes (the 42 Geo. III. c. 73) was passed in 1802.
Its operation was confined to cotton and woollen mills and
factories. It was followed by several measures, all of which
(with one exception) were repealed in 1833. After an ex-
haustive inquiry, conducted chiefly in the seats of the
textile manufactures, a general Act (3 & 4 Will. IV.
c. 103) was passed. Supplementary measures were en-
acted ; and before the law was consolidated, no fewer than
fifteen statutes, not to mention similar Acts, such as the
Chimney Sweepers Acts, the Mines Regulation Acts, were
in force. A multitude of partly repealed Acts was replaced
by a consolidating measure.

Provisions similar to those contained in the Factory Act as
to the fencing of machinery are to be found in the Threshing
Machines Act of 1878 (41 & 42 Vict. c. 12).

41 VICT. c. K; (1878).

ARRANGEMENT OF SECTIONS.

Preliminary.
Sect.

1. Short title.

2. Commencement of Act.

PART I.

General Law relating to Factories and Workshops.

(1.) Sanitary Pronsions.

3. Sanitary condition of factory and woikshop.



470 THE LAW OF -AIASTER AND SERVANT.

4. Notice by inspector to sanitary authority of sanitary defects in

factory or workshop,

(2.) Safety.

5. Fencing of certain niacliinery.

6. Fencing of other dangerous machinery of which notice is given hy

inspector.

7. Fencing of dangerous vats or structures of wliich notice is given

hy inspector.

8. Fixing of grindstones securely and replacing of faulty grindstone

when notice is given hy inspector.

9. Restriction on cleaning of machinery while in motion, or working

between parts of self-acting machinery.

(3.) Employment and Meal Hours.

10. Period of employment of children, young persons, and women.

11. Period of employment, &c., for young persons and women in a

textile factory.

12. Period of employment for children in textile factory.

13. Period of employment, &c., for young persons and women in non-

textile factory, and for young persons in workshop.

14. Period of employment for children in non-textile factory and

workshop.

15. Period of employment, time for meals, and length of continuous

employment for women in workshop.

16. Peri(jd of employment and time for meals for children and young

l^ersons in domestic workshop.

17. Meal times to be simultaneous, and enqdoymi'iit during meal

times forbidden.

18. Regulations as to period of emjjloyment on Saturday of young

persons or women emj^loyed only eight hours a day.

19. Notice fixing period of employment, hours of meals, and mode of

employment of children.

20. Prohibition of employment of children under ten.

21. Prohiliition of emiihiyment of children, youngpersons, and women

on Sunday.

(4.) Holulnys.

22. Days to be observed as holidays, and half holidays to be allowed

in factories and workshops.

(").) Eduration of CJiildreii.

23. Attendance at school of children employed in a factory or

workshop.

24. Obtaining of sclioid alleiidance certificate by occupier of factory

or workshop.



THE FACTORY ACT. 471

25. Payment by occupier on application of smii for schooling of child,

and deduction of it from wages.

26. ETn]>l(>ynient as young person of child of 13 on obtaining an

educational certificate.

(6.) Certificates of Fit ness for Employment.

27. Certificate of fitness for employment of chihlren and young persons

under 16 in factories.

28. Certificate of fitness for employment of children and young persons

under 16 in workshops.

29. Power of inspector to require surgical certificate of capacity of

child or young person under 16 for work.

30. Supplemental provisions as to certificates of fitness for employ-

ment.

(7.) Arridents.

31. Notice of accidents causing death or bodily injury.

32. Investigation of and repcjrt on accidents by certifying surgeon.



PART 11.

Special Provisions relating to particular Classes of
Factories and Workshops.

(1.) Special Provisions for Health in certain Factories and JForlsluq^s.

33. Limewashing and washing of the interior of factories and

workshops.

34. Limewashing, painting, and washing of the interior of bake-

houses.

35. Provision as to sleeping places near bakehouses.

36. Provision as to ventilation by fan in factories and workshops.

37. Protection of workers in wet-spinning.

(2.) Special Restrictions as to Employment, Meals, and Certificates
of Fitness.

38. Prohibition of employment of children and young persons in

certain factories or workshops.

39. Prohibition of taking meals in certain parts of factories and

workshops.

40. In print works and bleaching and dyeing works, period of em-

ployment and times allowed for meals.

41. Power to require certificates of fitness for eniplopuent of children

and young persons under 16 in certain workshops.



472 THE LAW OK MASTKU AND SKllVANT.

(3.) Special Exceptions relaxing General Law in certain Factories
and IJ 'orksJiopa.

(a.) Period of Employnunt.
42. Period of omploymcnt iK'twueu 8 a.m. and 8 ii.m. in cert-;un

cases.
4;}. Power to Secretary of State to allow }>eriod of employment

between 9 a.m. and 9 p.m. in certain cases.
44. Power of working male young persons above IG in lace factories.
4."). Power of working male young persons above 10 in bakehouses.
4(). Substitution by Secretary of State of another half holiday for

Saturday.

47. Employment in Turkey red dyeing on Saturday \x\> to 4.30 p.m.

48. Continuous employment of children, young persons, and women

in certain cases.

49. Giving half holidays and holidays on different days to different

sets of children, young persons, and women.
"lO. Employment of young persons and women by Jewish occupiers of

factories or workshops.
T)\. Employment of Jews by Jews on Sunday.

(b.) Meal Hours.
52. Exception as to meal times being simultaneous, and as to cmi)loy-
ment or remaining in room where manufacturing process is
carried on during meal times,

(c.) Overtime.
^3. Power to employ young persons and women for 14 hours a day.

54. Power to emploj- for half an hour after end of work where 2">rocess

is in an incomplete state.

55. Employment of young persons, &c., in Turkey red dyeing and

open-air bleaching.

56. Employment of women for 14 hours a day to j)reserve perishable

articles.

57. Exception for factories <lriven In' water power.

(il.) Xiijlitvork.

58. Employnu-nt of male young persons at night.

59. Employment in certain letter-jire-ss printing works uf male young

persons of 16 at night.

60. Employment of male young persons in glass work.s.

(4.) Special Exception for Domestic and certain other Factories and
IVorlcshopis.

61. Exce]ition of domestic factories and workshops and certain other

workshops from certain provisions of the Act.



THE FACTO KY AC'I'. 473

62. ExcH'ptiiiu for coitaiu (Icsrriptions of tiax scutch mills from cerluiu
provisions of Act.

(5.) Supjjlemcntal as to Special Provisions.
G;3. IvcM^uiremcnt of sanitary provisions as condition of special cx-
cepticms.

64. Power to rescind order grantini,^ or extending exception.

65. Provisions as to order of Secretary of State.

66. Provisions as to occupier availing liiiiiself of special exceptions,

and re^iwtn^ of work nnder tlieni.



PAKT III.

Administratiox, Pkxalties, and Legal Proceedigns.

(1.) Inspection.

67. Appointment, iiayment, &c., of inspectors of factories, and clerks

and servants.

68. Powers of inspectors.

69. Restriction on entry of inspector into dwellings.

70. Certificates of appointment of inspectors.

(2.) Certifying Surgeons.

71. Poor Law medical officers to act where no certifying surgeon

within three miles.

72. Appointment of certifying surgeons.

73. Regulations as to the grant of certificates of fitness.

74. Fees of certifying surgeons for examination of children and young

peisons.

(3.) Miscellaneous.

75. Notice of factory to be given to inspector.

76. Regulation of hours by public clock.

77. Registers to be kept in a factory or workshop.

78. Affixing in factory or workshop of abstract of Act and notices.

79. Printing or writing and service of notices and documents, &c.

80. Inspection of weights and measures used in factories and work-

shops.

(4.) Fines.

81. Fine for not keeping factory or worksho]) in conformity with

Act.

82. Penal compensation to person injured by want of fence to

machinery, &c.



474 THE LAW OF MASTKll AND SKIIVANT.

83. Fine for oiuplnyinn cliildreii, youuL; iht.soiis, uml Avomun contrary

to the Act.

84. Fine on parent for allt)\ving child or young person to be employed

contrary to the Act, or neglecting to cause child to attend
school.

85. Forgery of certilicates, fal^e entries and declarations.

86. Fine on person conunitting olfence for which occupier is liaLle.

87. Power of occupier to exenijtt himself from fine on conviction of

the actual otfender.

88. Restraint on cumulative fines.

(a.) Legal i^roccedinys.

89. Prosecution of offences and recovery and application of fines.

90. Appeal to quarter sessions.

91. Limitation of time and general provisions as to sununary pro-

ceedings.

92. Evidence in summary ])roceedings.



PAET IV.

Definitions, Savings, Application to Scotland and Ireland,
AND Repeal.

(1.) Definitions.

93. Factories and workshops to which Act apjdies.

94. Definition of employment and working for hire.

95. Definition of " certified efficient school ; " " recognised efficient

school."

96. General definitions. " Child." "Young person." " Woman."

"Parent." "Treasury." '< Secretary of State." "Education
Department." "Sanitary authority." "Person." "Week."
"Night." "Prescribed." "Summary Jurisdiction Acts."
"Court of Summary Jurisdiction." " Mill-gearing."

Special exempt ion of certain Traden.

97. Exemption of handicrafts in Fifth Srludule in private houses.
D8. Exemption of certain home-work.

(2.) Savings.

99. Saving as to liability of hirer of machine where not occupier,
mo. Saving for jx-rson emjdoyed in rei)air of machinery or of factory
or workshop, or in jjI'occss of curing fish.

101. Application fo factoiies and workshops of 38 dt 39 Vict. c. 55.

102. Construction of enactments, &c., referring to repealed Acts.



TTIK FACTOKY ACT. 475

(3.) Application of Ad to Hcoiland and Ireland.

103. Teinitoraiy sa\'ing for ein])lo\nii('iit of children under ten and

children over thirteen in Scotland and Ireland.

104. Certificates of birth for jmrposes of Act.

105. Application of Act to Scotland.

106. Application of Act to Ireland.

(4.) Repeal.

107. Repeal of Acts.



SCHEDULES.

FIRST SCHEDULE.

Special Provisions for Health.

Factories and Worlc-idiops in widch the Emplnyment of Youwj Persons and
Children is restricted.

1. Restriction of employment of young persons and children ;

2. Of children, &c., in glass works ;

3. Of girls under sixteen in certain employments ;

4. Of children in metal grinding and lucifer-match dipping ;

5. Of child under eleven in dry grinding, &c.

SECOND SCHEDULE.

Special Restrictions.

Places forbidden for Meals.

As to parts of factories or workshops in which children, young persons,
and women are forbidden to take meals.

THIRD SCHEDULE.

Special Exceptions.

Part I.

Period of Emjiloyment.

Employment of children, young persons, and women between 8 a.m.
and 8 p.m. in certain trades.

Part II.
Meal Hours.
Cases in which pro'V'isions as to meal times arc not to apply.



476 THE J,AW OF ]MASTER AND tJEUVANT.

Paut III.

Overtime.

Factories and workshops in -which young persons and women may be
allowed to work for fourteen hours a day under certain restrictions.

Part IV.

Additional Half Hour.

Factories in which a child, young person, or woman may he employed
for an additional half hour.

Part V.

Overtime for Perishable Articles.

Factories and worksliops in which women may be employed for four-
teen hciurs a day.

Part VI.

Night Work
Factories in which male young persons may be em[)loyed at iiiglit.

Part VII.

Hpell.

Continuous employment of children, young persons, and women for
five hours in certain textile factories durint: the winter months.



FOURTH SCHEDULE.

List of Factories and Workshops.

Part I.

Non-Textile Factories.

" Print works." " Bleaching and dyeing works." " Earthenware
works." " Lucifer-match works." " Percussion-cap works." " Car-
tridge works." "Paper-staining works." " Fustian-cutting Avorks."
"Blastfurnaces." " Cop])er mills." '•' Iron mills." "Foundries."
"Metal and india-rubber works." " Paper mills." "Glass works."
"Tobacco factories." " Letter-press printing works." "Bookbinding
works." " Flax scutch mills."

Part II.
Non-Textile Factories and IJ'orJcshops.
" Hat works." "Ro])e woiks." "Bakehouses." " Lace warehouses."
" Hliipbuilding yards." " Quarries."' " Pit-banks."



THE FACTORY ACT. 477

FIFTH SCHEDULE.

Special Exemptions.
Straw plaitin^^ Pillow-lace making. Glovii-making.

SIXTH SCHEDULE.

Acts rejiealtid.



41 VICT. 0. IG ri87fi).

An Act to consolidate and inaoid tJic Jaui: relatiny io Factories and
JForJahops.

Be it enacted hy the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords S])iritnal anil Temporal, and Commons,
in this jnesent Parliament assembled, and by the authority of the same,
as follows :

Preliminary.

1. This Act maybe cited as the Factory and Workshop Act, ]878.

2. This Act shall come into operation on the first day of January, one
thousand eight hundred and seventy-nine, which day is in this Act
referred to as the commencement of this Act : Provided that at any
time after the passing of this Act, any appointment, regulation, or order
may be made, any notice issued, form prescribed, and act done which
appears to a Secretary of State necessary or proper to be made, issued,
prescribed, or done for the purpose of bringing this Act into operation
at the commencement thereof.

PART I.

General Law relating to Factories and Workshops.

(1.) Sanitary Provisions.

3. A factory (a) and a workshop (h) shall be kept in a cleanly state and
free from effluvia arising from any drain, privy, or other nuisjuice (c).

(rt) For definition, see s. 93. As quarry, a large open sjiace, was held

to "factory" under the repealed not to be a factory.) Sec; also Jicd-

Act, 30 & 31 Vict. c. 103, see grave v.iLee (1874), L. R. 9 Q. B.

Palmer's Shipbidlding Co. v. Chaytor 363 ; 43 L. J. M. C. 105. (Premises

(1869), L. K. 4 Q. B. 20St ; 19 L. T. consisting of ten acres, in which

638 ; 17 W. K. 401 ; 10 B. it S. 177 ; there was no large building under

^«i<v. ^a/^c.V (1869),5 L. R. Q. B. 19 ; cover, and on which cement wa.s

39 L. J. M. C. 3 ; 21 L. T. 425. (In luamii'artnred chiefly in the open air;

the former it was held that a boy em- not a i'uctory.) Ihit see now sec. 93 (2).

ployed in one of the dejiartments of a (ti) For definition, see s. 93.

Jargeshipbuilder's yard was emjiloyed (c) iSce as to cases to which tbis

n a "factory." In the latter a slate provision does not apply, s. 61. As



478



THE LAW OF MASTER AND SEUVANT.



A factory or workshop sliall not Ik- so overcrowded while work is
carried on therein as to be injurious to tlie health of the persons em-
ployed therein, and shall be ventilated (d) in such a manner as to render
hanuless, so far as is practicable, all the <,'ases, vapours, dust, or other im-
purities generated in the course of the manufacturing process or handi-
ci-aft carried on therein that may be injurious to health.

A factory or workshop in which there is a contravention of this section
shall be deemed not to be kept in conformity with this Act (e).

4. Where it appears to an inspector under this Act that any act,
neglect, or default in relation to any drain, watercloset, earthcloset,
privy, ashpit, water-supply, nuisance (/), or other matter in a factoiy or
Avorkshop is punishable or remediable under the law relating to public
health, but not iinder this Act, that ins])ector shall give notice in
writing, of such act, neglect, or default to the sanitary authority (y) in
whose district the factory or workshop is situate, and it shall be the duty
of the sanitary authority to make such inquiry into the subject of the
notice, and take such action thereon, as to that authority may seem
proper for the purpose of enforcing the law.

An inspector (/t) un<ler this Act may, for the purposes of this section
take with him into a factory or a workshop a medical officer of health,
inspector of nuisances (h), or other officer of the sanitary authority (i).

(2.) Safety.

5. With respect to the fencing of machinery in a factory the following
provisions shall have effect :

(1.) Every hoist or teagle near to which any person (k) is liable to
pass or to be employed, and every fly-wheel directly con-
nected with the steam or water or other mechanical power,
whether in the engine-house or not, and every part of a
steam-engine and water-wheel, shall be securely fenced {I) ;
and



to special provisions for clcanlinoss,
s. 33 ; and s. 101 as to Public Health
Act, 1875.

{(l) As to ventilation by fan, s. 36.

{>■) Sec. 81.

(/) Sec s. 91 of rublic Health Act
of 1875 (38 & 39 Vict. c. 55), and s.
101 of the ])r('sent Act ; Nurris v.
Barnes (IS72), L. \l 7 Q. B. 537 ; 41
L. J. M. C. 154, and Rrg. v. JFatrr-
hmse (1872), L. K. 7 Q. B. 545 ; 26
L. T. N. S. 761 ; 41 L. J. M. C. 115.

{(/) Sec. 96.

(h) Sec. 67.

(i) Sec. 96.

(^-) Not merely children, women,
and young persons. Sec Coe v. I'/aU



note (/) 752 ; Britfon v. Great
Western Cotton Co. (1872), L. \\. 7
Kx. 130 ; 41 L. J. E.x. 99 ; 27 L. T.
N. S. 125 ; 20 AV. R. 525.

(/) The following are the cliiof
cases as to fencing : Coe v. /'/aft
(1851), 6 Ex. 752 ; (1852), 7 Ex. 460 ;

21 L. J. Ex. 146 ; 22 L. J. Ex. 164 ;

22 L. J. Ex. 164. (Tiic machinerj' ot'.i
cotton mill was worked by a steani-
(■ii;^iiie, which drove a liorizoiit.'d
slialt ]i:issing alonj^ the lower lluor of
the factory. This shaft worked
several vertical shafts, which passed
throuirh the u])per floors, and so
worked tfie macliincry in tfie dilfcTciit
rooms. One of the vertical shafts



TIIK FACTOR V ACT.



479



(2.) EviM'v \vliccl-v;u'i! nut otlu-rwisc seriiivil (;/() sliall Le securely

t't:ncc'd close to the cd^a' of the wlieel-racc ; and
(3.) Every part of the mill ffearinj;- (n) sliall titlie'r Ije securely
fenced or be in such position or of such construction as to be
ecpially safe to every pei'son employed in the factory as it
would be if it were securely fenced ; and
(4.) All fencing shall be constantly maintained in an elticient state
while the parts required to be fenced are in m(jti(in or use for
tlie purpose of any manufacti;ring process (o).
A factory in which there is a contravention of this section shall be
deemed not to be kept in conformity with this Act (p).

6. Where an inspector (q) considers that in a fixctory any part of tlie
machinery (?•) of any kind moved by steam, water, or other meclianical
power, to which the foregoing pro"\dsions of this Act, with respect to the
fencing of macliinery do not apply, is not securely fenced, and is so



was under repair. Its fencing was
removed, and the machines (h'iveu
by it were at rest. Tlie machines in
the other rooms were at work. The
owner of the factory not liable for an
accident to a girl bj^ the unfenced
shaft. "The 21.st section only re-
quii'es it to be so (fenced) when in
motion for a manufacturing pro-
cess.") Sclwfidrl y. Schirnk (1855),
24 L. T. 253. (Not eiion.',di that the
machinery was fenced in the ordinary
manner, used and approved as sutii-
cient at the best regulated foctory in
the district. ) JJud v. Shcppard (1856),
5 E. & B. 856 ; 25 L. J. Q. B. 124.
(Held a bad plea that a shaft was not
near to where children, young per-
sons, or women, were likely to or
liable to pass, and that the shaft M^as
at such a distance or height that
there was no danger.) Murdock v.
Glasgmv and South- Western liy. Co.
(1870), 8 Macp. 768. (Held 'to be
sufficient that the fencing was ac-
cording to the best method of fencing
known at the time. )

(m) Britton v. Great Western
Cotton Co., see note [k). (The edge of
a wheel-race must be fenceti, though it
was where it could be reached only
by crossing a fence, and climbing
through the spokes of a lly-wheel,
and where children, or young persons
were not liable to pass.)

{n) For definition, see s. 96.

{u) See Coe v. PlaU.

\p) See ss. 81 and 82. The statu-
tory penalty does not take away



from the injured party the right of
action. Castrdl v. Worth (1856), 5
E. & B. 849 ; 25 L. J. Q. B. 121 ;
2 Jur. N. S. 116 ; Coueh v. Steel
(1854), 3 E. & B. 402 ; 23 L. T. Q.
B. 402. "With respect to the defence
of negligence on the part of a work-
man, Caswell V. Wortli. (Action
against defendant for not sufficiently
fencing a shaft while in motion, in
com]iliance with 7 i^t 8 Yict. c. 15, s.
21 ; plea, ailmitting that the shaft
was not sufficiently fenced, but that
plaintilf, contrary to the express
commands of defendant, and know-
ing that it was dangerous to meddle
with the shaft, took hold of it ; a
good plea.) MeCraeken v. Darqan,

1 Irish Jur. N. S. 404. (Action
by operative against owner for not
sufficiently fencing shaft ; plea that
it was the duty of A., the operative,
to put a certain belt upon one of the
drums attached to the shaft ; that it
was a known rule of the factory not
to put a lielt on by hand, but by a
crutch provided for the jiurpose ; and
that the plaintilf, in violation of this
rule and of commands, put the belt
on by hand, whereby he was injured ;
a good ])lea. ) Holmes v. Clarke, 6 H.
& N. 349 ; Britton v. Great Western
Cotton Co. ; and (/il/b v. Cromhic (1875),

2 K. 886, where it was alleged the
plaintiff had made a misrepresentatiou
as to his age.

(q) See s. 67.
0') See sub-s. 6.



480 THE LAW OF JIARTER AND SERVAXT.

dangerous as to be likely to cause limlily injury to uiiy person employed
in the factory, the lbllowin<^' provisions shull upply to the fencing of such
machinery :

(1.) The inspector shall serve on the occupier of the factory a notice
recpiiriuj,^ him to fence the part of the machinery -which the
inspector so deems to he dan;^ferous :
(2.) The occupier, within seven days after the receipt of the notice,
may serve on the inspector a requisition to refer the matter
to arbitration ; and thereupon the matter shall be referred to
arbitration, and two skilled arbitrators shall be appointed, the
one by the inspector and the other by the occupier , and the
provisions of the Companies Clauses Consolidation Act, 1845,
with respect to the settlement of disputes by arbitration
shall, subject to the express provisions of this section, apply
to the said arbitration, and the arbitrators or their lunpire
•shall give the decision within twenty-one days after the last
of the arbitrators, or, in the case of the umpire, after the
umpire is appointed, or within such further time as the
occupier and inspector, by writing, allow ; and if the decision
is not so given the matter shall be referred to the arbitration
of an imipire to be appointed by the judge of the county
court within the jurisdiction of which the factory is
situate :
(3.) If the arbitrators or their umpire decide that it is unnecessary
or impossible to fence the machinery alleged in the notice to
be dangerous, the notice shall be cancelled, and the occupier
shall not be required to fence in pursuance thereof, and the
expenses of the arbitration shall be paid as the expenses of
the inspectors under tliis Act :
(4.) If the occupier does not, within the said seven days, serve on
the inspector a requisition to refer the matter to arbitration
or does not appoint an arbitrator within seven days after he
served that requisition, or if neither the arljitrators nor the
umpire decide that it is unnecessary or impossible to fence



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 50 of 77)