John Macdonell.

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

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the machinery alleged in the notice to be dangerous, the
occupier shall securely fence the said machinery in accord-
ance with the notice, or with the award of the arbitrators or
nni])ire if it modifies the notice, and the exj)enses of the
ail)itration sliall be paid by the occujiier, and shall be
recoverable from him by the inspector in the county court :
(5.) Where the occujjier of a factory fails to comply within a
reasonable time with the rcMpiirements of this section as to
securely fencing the said machinery in accordance with the
notice or award, or fails to keep the siiid machinery securely
fciiccil in accordance therewith, or fails constantly to main-
tain such fencing in an efficient state while the machinery



THK FACTORY ACT. 4.S 1

iv(|uiivil to l>e leiReil is iu luutidii lor liic purpose of uny
manufacturing process, the factory sliall In- dcciiiod not to hn
kept in conformity with this Act :
(6.) For the purpose of this section and of any jirovisioiis of this
Act relating thereto, "machinery" sliall be deemed to im ludc
any driving strap or band.

7. Where an inspector considers that in a factory or wcnkshop a
vat, pan, or other structure, which is used in the process or handicraft
carried on in such factory or workshop, and near to or over which
children or young persons are liable to pass or to be employed, is so
dangerous, by reason of its being filled with hot li(|uid or molten metal
or otherwise, as to be likely to be a cause of bodily injury to any child
or young person employed in the factory or workshop, he sliall serve on
the occu])ier of the factor}' or workshop a notice requiring him to fence
such vat, pan, or other structure.

The provisions of this Act with respect to the fencing of machinery
which an inspector considers not to be securely fenced and to be
dangerous shall apply in like manner as if they were re-enacted in this
section, with the substitution of the vat, pan, or other structure, for
machinery, and with the addition of workshoii, and if the occupier of a
factors' or workshop fails constantly to maintain the fencing required
under this section in an efficient state, while such vat, pan, or other
structure is so filled or otherwise dangerous as aforesaid, the factory
or workshop shall be deemed not to be kept in conformity \\itb
this Act.

8. Where an inspector observes in a factory that any grindst(Mie
worked by steam, water, or other mechanical power is in itself so faulty,
or is fixed in so faulty a manner as to be likely to cause bodily injury to
the gi'inder using the same, he shall serve on the occupier of the factory
a notice requiring him to replace such faulty grindstone, or to properly
fix the grindstone fixed in the faulty manner.

The provisions of this Act Avith respect to the fencing of machinery
which an insjjector considers not to be securely fenced and to be
dangerous shall apply in like manner as if they were re-enacted in this
section with the necessary modifications.

Where the occupier of a factory fails to keep the grindstone men-
tioned in the notice or award in such a state and fixed in such manner
as not to be dangerous, the factory shall be deemed not to be kept in
conformity with this Act.

9. A child (.•?) shall not be allowed to clean any part of the machinery
in a factory while the same is in motion by tlie aid of steam, water, or
other mechanical power.

A young person or wtmian (t) shall not be allowed to clean such ])art

. (a) Sec. 96. {() See. 9G.

I I



482 TIIK LAW OF MASTER AND SKKVANT.

of the inacliiiR'i'v in a factory as is mill-i;earing («) while the same is in
inotiou for the purpose of ]n-opellinj,' any part of the manufacturing
niaehinery.

A chihl, younn person, or woman sliall not lie allowed to work
between tlie fixed and traversiiin i)art of any sell-actini,^ machine while
tile machine is in motion liy the aetion of steam, water, or other
mechanical power.

A child, young person, or woman allowed to clean or to work in con-
travention of this section shall he deemed to he enqjloyed contrary to
the provisions of this Act (.v).

(3.) Eiiijiloijmcnt and Meal Hours.

10. A child, young person, or woman shall not be employed in a
factory or a workshop except during the period of employment herein-
after mentioned (i/).

11. With respect to tlie employment of young persons and women in
a textile ftictory {z) the following I'egulations shall be observed :

(1.) The period of exployment, except on Saturday, shall either

begin at six o'clock in the morning and end at six o'clock in

the evening, or begin at seven o'clock in the morning and

end at seven o'clock in the evening ; and

(2.) The period of emjdoyment on Saturday shall liegin either at

.six o'clock or at seven o'clock in the morning ; and
(;5.) Where the period of employment on Saturday begins at si.x
o'clock in the morning, that period —

{a.) If not less than one hour is allowed for meals, shall
end at one f)'clock in the afternoon as reg;irds em-
ploynu-nt in any manufacturing process, and at
half-past one o'clock in the afternoon as regards
emjihiyment for any jmrpose whatever ; and
(6.) If less than one liour is allowed for meals, shall end at
half an hour after noon, as regards employment in
any manufacturing process, and at one o'clock in
the afternoon as regards employment for any i')ur-
])ose whatever ; and
(4.) Where the period of employment on Saturday begins at seven

(ii) S(ie s. 96. young persons in domestic work-
(r) See. 81. sluips, s. 16 ; of eiii])l()yinciit oti
(//) Kiiiiiloj'iiient of young persons Siitiinlay, s. 18; piohihition of cni-
and wonicii in a textile factory, s. ])loyincnt of cliildrcn under ten, s.
11 ; of cliiltiren in a textile factory, -JO ; eniiiloymcnt on Sunday, s. 21 ;
s. 12 ; of yoioig jicrsons and wonicn liolidays. s. 22; special exeniptionsas
in a non-textili' factory, or of young to jicrioils of employment, ss. 42 — 51;
Jicrsons in a workslioj), s. 1:5; of overtinu', ss. fi:] — fj? ; niglitwork,
rliildrcn in a non-textile factory and ss. .")8— 60. As to meaning of " em-
it woiksliop, .s. 14; of women in ployment," see note to scr. II.'!.
workshops, s. I.''); of cliildiru or (:) Sec. 93, as to (Icfinilion.



'I'lIH FACTORY ACT. 483

o'clock in tlit- iiioruing, that piuiotl shall end at lialt'-past une
o'clock in the afternoon as regards any manufacturing process
and at two o'clock in the afternoon as regards employment
for any purpose whatever ; and

(5.) There shall lie allowed for meals (a) during the sai<l period of
employment in the factory —

(«.) on every day except Saturday not less than two houis,
of which one hour at the least, either at the same
time or at different times, shall be before three
o'clock in the afternoon ; and
{h.) on Saturday not less than half an hour ; and

{().) A young person or woman shall not be employed continu-
ously (//) for more than four hours and a half, without an
interval of at least half-an-hour for a meal.
12. With respect to the emidoyment of children in a textile factory
tlie following regulations (c) shall be observed —

(1.) Children shall not be emjdoyed except on the system either of
employment in morning and afternoon sets, or of employ-
ment on alternate days only ; and

(2.) The period of employment for a child in a morning set shall,
except on Saturday, begin at the same hour as if the child
were a young person, and end at one o'clock in the afternoon,
or, if the dinner time l)egins before one o'clock, at the l)i-
ginning of dinner time ; and

(3.) The ]3eriod ot employment for a child in an afternoon set
shall, except on Saturdaj^, begin at one o'clock in the after-
noon, or at any later hour at which the dinner time ter-
minates, and end at the same hour as if the child were a
young person ; and

(4.) The ]ieriod of emploj'ment for any child on Saturday shall
begin and end at the same hour as if the child were a young
])erson ; and

(5.) A child shall not be employed in two successive periods of
seven days in a morning set, nor in two successive i)eriods of
seven days in an afternoon set, and a child shall not be
employed on two successive Saturdays, nor on Saturday
in any week if on any other day in tlie same week (d) his
period of employment has exceeded ti\-e hours and a half ;
and

(0.) "When a child is emidoyed on the alternate day system the
period of employment for such child and the time allowed
lor meals shall be the same as if the child were a young
person, but the child shall not be employed on two successive

(a) Sees. 52 and 19. (c) Sec. 19.

(b) Sec. 48. ((/) Sec. 96.



4iS4 Till': LAW OF 3IASTEU AND SERVANT.

days, ami sliall not be employed on the same day of the week
in two snccessive Aveeks ; and
(7.) A cliild shall not on either system be employed continuously
for any longer period than lie could be if he were a young
person without an interval of at least half-an-hour for a meal.

13. With respect to the employment of young persons and women in
a non-textile factory (c), and of young persons in a worksliip (/), the fol-
lowing regulations shall be observed :

(1.) The period of emiihiyment, except on Saturday (y), shall (save
as is in this Act speiially excepted) (h) either begin at six
o'clock in the morning and end at six o'clock in the evening,
or begin at seven o'clock in the morning and end at seven
o'clock in the evening ; and
(2.) The period of employment on Saturday shall (save as is in this
Act specially excepted) begin at six o'clock in the morning or
at seven o'clock in the morning, and end at two o'clock in the
afternoon ; ;ind
(3.) There shall be allowed for meals during the said ]ieriod (i) of
employment in the I'actory or workshop —

(a.) on every day except Saturday not less than one hour
and a half, which one hour at tlie least, either at the
same time or at ditferent times, shall be before three
o'clock in the afternoon ; and
(h.) on Saturday not less than half-an-hour ; and
(4.) A young person or a woman in a non-textile factory and a
young ])erson in a workshop shall not be employed continu-
ously for more than five hours witliout an interval of at least
half-an-hour for a meal.

14. "With respect to tlie employment of children in a non-textile fac-
tory and a workshop the following regulations shall be observed :

(1.) Children shall not be employed except either on the system of
employment in morning and afternoon sets, or (in a fiictory
or workshoj) in which not less than two hours are allowed for
meals on every day except Saturday) on the system of eni-
]>lf)yment on alternate days only ; and

(2.) The period of enqiloymentfor a chihl in a morning set on every
day, including Saturday, shall begin at six or seven o'clock in
the morning and end at one o'clock in the afternoon, or, if
the dinner time begins before one o'clock, at tlie beginning of
dinner time ; and

(3.) The period of employment fur a cliild in an afternoon set on
every day, including Saturday, shall begin at one o'clock in
the afternoon, or at any hour later than half-past twelve

{e) Sec. 93. {/,) Sec. 43.

(/) See. 1)3. (/) Sees. 52 and 61.

(g) Sec. 18.



thp: factory act. 485

o'clock at which the dinner time tenuinutcs, and oml on
Saturday at two o'clock in the altei-noon, and on any otlier
day at six or seven o'clock in the evening, according as the
period of employment for children in the morning set began
at six or seven o'clock in the iiKjrning ; and
(4.) A child shall not be employed in two siiccessi\e periods of
seven days in a morning set, nor in two successive periods of
seven days in an afternoon set, and a child shall not be em-
ployed on Saturday in any week in the same set in which he
has been eniployetl on any other day of the same week ; and
(5.) When a child is employed on the alternate day system —

(a.) The period of employment for such child shall, except
on Saturday, either begin at six o'clock in the morn-
ing and end at six o'clock in the evening, or T)egin
at seven o'clock in the morning and end at seven
o'clock in the evening ; and
(h.) The period of employment for such child shall on
Saturday begin at six or seven o'clock in the morn-
ing, and end at two o'clock in the afternoon ; and
(c.) There shall be allowed to such child for meals during
the said period of employment not less, on any day
except Saturday, than two hours, and on Saturday
tlian half an hour ; but
{fl.) The child shall not be empL)yed in any manner on two
successive days, and shall not 1)6 employed on the
same day of the week in two successive weeks ; and
(6.) A chilli shall not on either system be employed continuously
for more than five hours without an interval of at least half
an hour lor a meal.
15. With respect to the employment of women in workshojis, the
following regulations shall be observed :

(1.) In a workshop which is conducted on the system of employ-
ing therein childien and young person.s, or either of them, a
woman shall not be employed except during tlie same period
and subject to the same restrictions as if >;he were a young
person ; and the regulations of this Act with respect to the
employment of young persons in a workshop shall apply
accordingly to the employment of women in that work-
shop ; and
(2.) In a workshop which is conducted on tlie system of not
employing therein either children or young persons —

(o.) The period of employment for a woman shall, except
on Saturday, begin at six o'clock in the morning
and end at nine o'clock in the evening, and shall on
Saturday begin at six o'clock in the morning, and
end at four o'clock in the afternoon ; and



480 THE LAW 01-' MASTER A'SD SEUVANT.

(b.) Thei-e .shall be allowed to a woman for meals ami
absence from work during the period of employ-
ment not less, except on Saturday, than four hours
and a lialf, and on Saturday than two hours and a
half.
A workshoj) shall not be deemed to be conducted on the system of not
< luploying therein either children tir young persons until the occupier
lias served on an in.spector notice of his intention to conduct his work-
slioj) on that system.

16. Where person.s are enqdoyed at home (A;), that is to say, in a
private house, room, or place which, though used as a dwelling, is by
H'ason of the work carried on there a factory or workshop witliin the
meaning of tliis Act, and in which neither steam, water, nor other
mechanical jwwer is used in aid of the manufacturing pr<icess cairied on
tliere, and in wliich the only persons employed are members of the same
family dwelling there, the foregoing regulations of this Act with respect
t;) the employment of children, young persons, and women .shall not
apply to such factory or workshop, and in lieu thereof the following
ri'gulations shall be observed therein :

(1.) A child or young person shall not be employed in tlie factory
or workshop except during the jieriod of emi)loyment
hereinafter mentioned ; and
(2.) The period of employment for a young person shall, except on
Saturday, begin at six o'clock in the morning and end at
nine o'clock in the evening, and .shall on Saturday begin at
six o'clock in the morning and end at four o'clock in tlie
afternoon ; and
(3.) There shall be allowed to ever}' young person for incals and
aljsence from work during the period of emjiloyment not
les.s, except on Saturday, than four liours and a half, and on
Saturday than two hours and a half ; and
(4.) The period of eni|»loyment for a child on every day either shall
begin at six o'clock in the morning and end at one o'clock
in the afternoon, or .^hall begin at one o'clock in the after-
noon and end at eiglit o'clock in the evening or on Saturday
at four o'clock in the afternoon ; and for the jmrpose of the
provisions of this Act respecting education, such child shall
be deemed, according to circumstances, to be employed in a
moining or afternoon set ; and
(5.) A child shall not be employed before the hour of one in the
ai'tcrnoon in two successivt; ])crio(ls of seven days, nor after
tliat liour in two successivf ])eriods of .seven days, and a child
shall 7iot be em])loyed on Saturday in aiiy week before the
hour of one in the afternoon, if on any other day in the same
week he has been employed before that hour, nor after that

(k) Sec. 98.



TIIK FACTORY A(;T. 487

liiiur il' (111 any other day ol' llic saiiu- wei'k lu; lias Ijoou
t'lujiloyc'd after that liour ; and
(6.) A rhild shall not lie employed continuously for more than
five hours Avithout an interval of at least half an hour for a
meal.

17. With respect to meals tlie following regulations (/) .shall (.save ;us
i.s in this Act specially exceiited) be observed in a factory and work-
shop :

(1.) All children, young jierson.s, and wonu'u employed therein .shall
have the times allowed for meals at the same hour of the
day ; and

(2.) A child, young person, or wcjiuau shall not duiiiig any part of
the times allowed for meals in the factiuy or workshop, ha
employed in the factory or the workshop, (jr be allowed to
remain in a room in wliirli a manufaituring process or
handicraft i.s then being carried on.

18. Tlu; period of employment on Saturday for a young person or
woman in a non-textile factory or workshop may be of the same length
as on any other day if the period of employment of such young person
or woman has not exceeded eight hours on any day^ of the same week^
and if notice has been alhxed in the factory or work.shop and served on
the inspector.

19. The occU})ier of a factory or workshop may from time to time fix
within the limits allowed liy this Act, and shall (.save as is in this Act
specially excepted) specify in a notice affixed in the lactoiy or workshop,
the period of employment, the times allowed for meals, and whether the
children are emjdoyed on the sy\stem of moniing and afternoon .sets or
of alternate days.

The period of employment and the times allowed for meals in the
factory or workshop shall be deemed to be the jieriod and times sjiecifietl
in the notice affixed in the factory or work.shop ; and all the children in
the iiict(jry or workshop shall be employed either on the .system of
morning and afternoon sets or on the system of alternate days according
to the system for the time being specified in .such notice ;

Provided that a change in such period or times or .system of employ-
ment shall not be made until after the occupier has served on an
inspector and affixed in the factory or woikshop notice of his intention
to make such change, and shall not be made oftener than once a ([uarter,
imless for special cause allowed in writing by an inspecto]'.

20. A child under the age of ten years shall not be employed in a
factory or a workshop.

21. A child, young person, or woman .shall not (.save as is in this Act
specially excepted) be employed on Sunday in a factory or workshop (m).



(I) Sec. 52. (m) Sec. 51.



488 THE LAW OF :\[ASTEH AND SERVANT.

(4.) Holi(hi)j».

•22. Tla- oi-cupii'T of a lactory or of a workshop shall (save as is in this
Act specially exci'])tcMl) (n) allow to every cliild, young person, and
woman employed therein the t'ollowiii'; holidays ; that is to say,

(1.) The whole ot" Christmas Day and the whole either of Good
Friday or, if it is so specitied by the oempier in the notice
affixed in the factory or workshop, of the next jmMic
holiday umler the Holidays Extension Act, 1875 ; and in
addition
(2.) Eight half holidays in every year, l)nt a whole holiday may be

allowed in lieu of any two such half holidays ; and
(3.) At least half of the said half holidays or -whole holidays shall
be allowed between the fifteenth day of March and the iirst
day of October in every year ; and
(4.) Cessation from work shall not be deemed to be a half holiday
or whole holiday, unless a notice of the half holiday or whole
holiday has been affixed in the factory or workshoj) for at
least the whole period of employment of young persons and
women on the last previous work day but one ; and
(5.) A half holiday shall comprise at least one half of the period (jf
employment for young persons and womeji on some ilay
other than Saturday.
A child, young person, or Avoiuan who —

(a.) on a whole holiday tixed by or in pursuance of this section for
a factory or workshop is employed in the factoiy or work-
sho]), or
(/;.) on a half holiday fixed in pursuance of this section for a
factory or workshop is employed in the factory or workshoj)
during the portion of the period of employnu-nt assigned for
such half holiday,
shall be deemed to be employed contrary to the provisions of this Act.

If in a factory (jr workshoji such whole holidays or half holidays as
I'cciuired by this section are not tixed in conformity therewith, the
occupier of the factory or worksho]) shall be liable to a tine not exceeding
five pounds.

(o.) Juhicatiou of CJiihlrcn.

2;i. The parent (o) of a child employed in a factory or in a woikshop
shall cause that child to attend some recognised efficient school {y)
(which school may bt- selected Ijy such parent), as follows :

(1.) The child, when employed in a nu^rning or afternoon set, shall
in every week, during any i)ait of which \\c is so emjjloyed

(n) Sees. 49, 50, CI, siilt-s. 4. (;;) Sec. !>5.

(o) Sec. 96.



THE FACTORY ACT. 4H()

be cau.-^ed to attcinl on each wmk day fnr at least ont- attend-
ance ; and
(2.) Tlie child, ■Nvlii'ii cniiiliiyed (jh the alternate day system, shall
on each work day jjreceding each day of eniployniont in the
factory or Avorksho]) be caused to attend for at least two
attendances :
(3.) An attendance for the purposes of this section shall be an
attendance as defined for the time being by a Secretary of
State with tlie consent of the Education Dei)artment, and be.
between the hours of eight in the morning and six in the
evening : {q)
Provided that —

{(I.) A child shall not be required by this Act to attend school on
Saturday or on any holiday or half holiday alhnved under
this Act iu the factory or workshop in which the child is
employed ; and
(h.) Tlie non-attendance of the diild sliall be excused on every day
on which he is certified by the teacher of the school to have-
been prcA'ented from attending by sickness or other un-
avoidable cause, also when the school is closed during the
ordinary holidays or for any other temporary cause ; and
(c.) Where there is not within the distance of two miles, measured
according to the nearest road, from the residence of the chikl
a recognised efiicient school which the child can attend,
attendance at a school temporarily approved in writing by an
inspector under this Act, although not a recognised efiicient
school, shall for the purposes of this Act be deemed attend-
ance at a recognised efficient school until such recognised
efficient school as aforesaid is established, and wdth a view to
such establishment the inspector shall immediately report to
the Education Deixutmeirt every case of the apjiroval of a
school by him under this section.
A child who has not in any week attended school for all the attend-
ances required by this section shall not l)e employed in the following
week nntil he has attended school for the deficient number of
attendances.

The Education Department sliall fmm time to time, by tlie publica-
tion of lists or by notices or otherwise as they think expedient, provide
for giving to all persons interested information of the schools in each
school district which are recognised efficient schools.

24. Tlie occupier of a factory or Avorkshop in which a child is
employed shall on Monday in every Aveek (after the first Aveek iu Avliicli
such child bi'gau to Avork therein), or on some other day api)ointed for

{q) "The attendance of a child at a of instruction in secular sulyects." —
morning or afternoon meeting of a Order of Home Secretary, Dec. 24,
school durin" not less than two hours 1878.



4i)0 THE LAW OF HIASTKH AND SKKVANT.

tliat pui]>oso liy an insjicctor, (ilitaiii from tlie teacher of tlie rd,cogiri*'d
oHiciont school atti-iuU-d by the cliihl, a. certificate (accordiiij^ to tlie
in-escribed form and directions) respecting the attendance of sucli cliihl
at school in accordance with this Act.

Tlie employment of a child without obtaining such certiticate as is
iVM^uired by this section shall be deemed to be employment of a child
contrary to the provisions of this Act(j-).

The occu])ier shall keep every such certificate for two months after
the date thereof, if the child so long continues to l)e employed in his
factory or his workshoj), and shall produce the same to an insi)ector



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 51 of 77)