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

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when re([nired during that period.

25. The board autln)rity or persons wJio manage a recognised etticieiit
.school attended by a child emjiloyed in a factory or workshop, or some
person authorised by such board, authority or person, may apply in
^VTiting to the occupier of the factory or workshop to pay a weekly sum
specified in the application, not exceeding threepen^.e and not exceeding
one-twelfth jiart of the Avages of the child, and after that application
the occu])ier, so long as he employs the child, shall be liable to pay to
the ai)plicants^ while the child attends their school, the said weekly
sum, and the sum may be recovered as a debt, and the occupier may
deduct the sum so ]iai<l by him from the wages payable ibr the services
of the child.

26. When a child of the age of thirteen years has obtained from a
l)erRon authorised by the Education Department a certiticate (»f having
attained such standard of proficiency in reading, writing, and arith-
metic, or such standard of previous due attendance at a certifie<l etticient
school, as hereinafter mentioned, that child shall be deemed to l)e a
young jierson for the purjioses of this Act.

The standards of proficiency and due attendance for the ]mr])oses of
this section shall be such as may be from time to time fixed for the pur-
poses of this Act by a Secretary of State, with the consent of the Educa-
tion Department, and the standards so fixed shall lie ])ublis]ied in the
London Gazette, and shall not have ellect until the e.\}iiration of at least
six months after such publication.

Attendance at a certified day imlustrial school shall be deemed for
the i)uri)Oses of this seitioii to be atleiidaiice at a certilied eJlieient
school (.s).

(6.) C<:rtijirates of Fitness for Einplotinunl.

27. In a factory (0 ii child or a young jierson under the age of six-
teen years shall not be employed for more than seven, or if the certify-
in" surgeon for the district resides more than three miles from the
factory thirteen, work days, unless the ocnipier of the factory lias ob-

(r) Sec. 83. tary, Feb. 1.^, 1879,

^a) Sec. 'Jo ; Order of Iloiiie Scric- [t) Sees. 41 ami 73.



THE FACTORY ACT. 491

tiiined u ci'i'tificato, in the ])iosciib('(l liinii,(it' tlie fitness of sucli child or
yoiin;,^ person for eniployineiit in that i'actory.

A certificate of fitness for em])hjyniout i'or tlie purposes of this Act
sliall be granted by the certifying surgeon (») for the district, and sliall
be to the effect that he is satisfied, by the ])r(Kluction of a certificate of
birtli (ir other sufficient evidence, that the jierson named m the certifi-
cate of fitness is of the age therein specified, and has been personally
examined by him, and is not incapacitated by disease or bodily infirmity
for working daily foi' tlu' time allowed by law in the factory name*! in
the certificate (x).

28. In order to enable occupiers of workshops to bettei- secure the
observance of this Act, and prevent the employment in their workshops
of childi'en and young persons under the age of sixteen years who are
unfitted for tliat employment, an occupier of a workshoj) is hereby
authorised to obtain, if he thinks fit, from the certifying surgeon for the
district, certificates of the fitness of children and of young persons
under the age of sixteen years foi- employment in his woi'kshop, in like
manner as if that workshop were a factory, and the certifying surgeon
shall examine the children and young jjersons, and g'l-ant certificates
accordingly.

29. Where an inspector is of o])iuion that a child or a y<iung person
iinder the age of sixteen years is by disease or liodilj' infirmity incapaci-
tated for working daily for the time allowed by law in the factory or
workshop in which he is employed, he may serve written notice thereof
on the occupier of the factory or workshoji, requiring that the employ-
ment of such child or young jierson be discontinued from the period
named therein, not being less than one nor more than seven days after
the service of such notice, and the occupier shall not continue after the
period named in such notice to employ such child or young person (not-
withstanding a certificate of fitness has been previously obtained foi-
such child oi' young person), unless the certifying surgeon for the dis-
trict has, after the service of the notice, personally examined such child
or young person, and has certified that such chihl or j'oung person is
not so incapacitated as aforesaid.

30. All factories and workshops in the occupation of the same occu-
pier, and in the district of the same certifying surgeon, or any of them,
may be named in the certificate of fitness tor employment, if the sur-
geon is of opinion that he can truly give the certificate for employment
therein.

The cei'tificate of birth (which may be produced to a certifying
surgeon) shall either be a certified copy of the entry in the register of
births, kept in pursuance of the Acts relating to the registration of
births (i/), of the birth of the child or young person (whether such copy be

{u) Sees. 71 and 72. (»/) 37 & 38 Vict. c. 88.

(x) Sec. 73 ; as to age, s. 92.



492 THK LAW OF MASTEll AND SERVANT.

obtained in puisiumce of the Klenieiitaiy Education Act, 1876, or otker-
Avise), or be a certiiicatL' I'roin a local authoritywitliin the nu-aning of
the Elementary Educatitju Act. 187G, to the eHect that it appears froni
the returns transmitted to such authority in pursuance; of the said Act
by the re;j,istrar of births and deaths that the child was born at the date
named in the certificate.

Where a certificate of fitness for employment is to the effect that the
certifyin;^ surgeon has been satisfied of the age of a child or young
person by evidence other than the production of a certificate of birth,
an inspector may, by notice in A\Titing, annul the surgeon's certificate, if
he has reasonable cause to believe that the real age of the child or young
person named in it is less than that mentioned in the certificate, and
thereupon that certificate shall be of nn avail for the purposes of this
Act.

When a child liecomes a young pere(ju,a fresh certificate of fitness
must be obtained.

The occupier shall, Avhen retpured, produce to an inspector at the
factory or -workshop in which a chilil or young person is employed the
certificate of fitness of such child or young person for employment,
Avhich he is reipdred to obtain under this Act.

(7.) Accidciifs (z).
31. Where there occurs in a factory or a workshoj) any accident which
either —

(a.) causes loss of life to a person employed in the factory or in the

workshop, or

(6.) causes bodily injury to a person employed in the factory or in

the workshop, and is produced either by machinery moved

by steam, water, or other mechanical power, or through a

vat, pan, or other structure filled with hot li(iuid or molten

metal or other substance, or l)y exph)sion, or by escape of

gas, steam, or metal, and is of such a nature as to prevent

the person injured by it from returning (rt) to his work in

the factory or wnrkshop within forty-eight hours after the

occurrence of the accident,

written notice of the accident shall forthwith be sent to tlu- inspector

and to the certifying surgeon for the district, stating the residence of the

(=) Sec. 61, as to exception. A case decided muler the 7 Vict. c.

(a) Every accident need not he 1.^); "The true meaning of section 22

rcporteil ; but if a person injured re- (7 Viet. c. L'i), is, tliat tlie accident

turns witli the intention, hut not tlie nuist l)e reported, unless tlie ])erson

ahihty, to work, his case will not be injured is not only able to return to

outside tlic section. Litknndii v. the i'.utory, but is in a condition ^to

.S'/r;;,/<«(w/( (1808), L. i;. y Q. B. r.)2 ; ilo Ills ordinary work as u.sual."—
:J7 L. J. M. C. f)7 ; 9 H. & S. 54 ; ■ ('luklmin, C.l.
16 AV. R. 509 ; 17 L. T. N. S. 539.



THE FACTORY ACT. 49.*5

])cr.s()n killed or injured, oi' the jdacc to wliicli lu- may liavc liccn
rciiiovi'd, and if aJiy such notice is not sent the (iccupier oi' the lactory
or workshop shall he liable to a fine not exceeding five pounds.

If ail}' such accident as aforesaid occurs to a person employed in an
iron mill or blast fui'nace, or other factcny or w-orksluj]* where the
occupier is not the actual employer of the person killed or injured, the
actual employer shall immediately report the same to the ociujiiei', and
in default shall be liable to a fine not exceeding five pounds.

A. notice of an accident, of which notice is required by section sixty-
three of the Explosives Act, 1875, to be sent to a government in-
spector, need not be sent to the certifying: surgeon in pursuance of
this section.

32. Where a certifying surgetm receives in i)ursuance of this Act
notice of an accident in a factory or a workshop, he shall with the least
possible delay proceed to the factory or workshop, and make a full
investigation as to the nature and cause of the death or injury caused
by that accident, and within the next twenty-four hours send to the
inspector a report thereof.

The certifying surgeon, for the jiuipose only of an investigation under
this section, shall have the same powers as an inspector (6), and shall
also have power to enter any room in a building to which the person
killed or injured has been removed.

There shall l)e jiaid to the said surgeon for the investigation such fee,
not exceeding ten nor less than three shillings, as a Secretary of State
considers reasonable, which fee shall be paid as expenses incurred by a
Secretary of State in the execution of this Act.



PART 11.

Special Provisions relating to particular Classes of

Factories and Workshops.

(1.) Special Pradsions for Health in certain Factones and IVorJcslwps.

33. For the purpose of securing the observance of the requirements of
this Act as to cleanliness (c) in every factory and workshop, all the
inside walls of the rooms of a foctory or workshop, and all the ceilings
or tops of such rooms (whether such walls, ceilings, or tops be plastered
or not), and all the passages and staircases of a factory or workshop, if
they have not been painted with oil or varnished once at least within
seven years, shall be limewashed once at least within every fouiteen
months, to date from the period when last limewashed ; and if they
have been so painted or varnished, shall be washed with hot water and

{b) Sec. 68, as to powers of inspectors. (c) Sec. 3.



494 TIIK LAW OF MASTKR AND SKRVANT.

soap unci' at least within every rourteeii iiumtlis, to dato from the poiioil
when hist washed.

A factory or workshop in wliicli tlu-re is a contravention of tliis
section shall be deemed not to be kept in conformity with this
Act ((/).

AVliere it appears to a Secretary of State tliat in any class of factories
or worksliops, or parts thereof, the regulations in this section are not
reij^iiired for tlie purpose of seciirin<; therein the observance of the
reqnirenients of this Act as to cleanliness, or are by reason of special
circumstances inapplicable, he may, if he thinks fit, by order made nnder
this part of this Act, grant to such class of factories or workshops, or
parts thereof, a s2)ecial exception that the regulations in this section shall
not ajiply thereto (c).

34. Where a l)akehouse (c) is situate in any city, town, or place con-
taming, according to the last published census for the time being, a
population of more than five thou.'^and persons, all the inside walls of the
rooms of such bakehouse, and all the ceilings or tops of such rooms
(whether such walls, ceilings, or tops be plastered or not), and all the
])as.sages and staircases of such bakehouse, shall either be painted with
oil or varnished or be limewashed, or l)e partly painted or varnished and
]»artly limewashed ; where ]iainted with oil or varnished there shall be
three coats of paint or varnish, and the paint or Viirnisli 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 liniewashing shall be renewed once at least in every six months.

A bakehouse in which there is any contravention of this section sliall
111' deemed not to lie kept in conformity Avith this Act.

35. Where a bakehouse is situate in any city, town, or place con-
taining, according to the last published census for the time being, a
]io])ulation of more than five thousand persons, a place on the same
level with the bakehouse, and forming ])art of the same building, shall
not be used as a sleeping place, unless it is constructed as follows ; that
is to say,

unless it is etfectually separated from the liakehouse by a partition

extendiijg from the floor to the ceiling ; and
unless there be an external glazed window of at least nine .sui)erficial
feet in area, of which at the least lour and a half superficial feet
are nuule to open for ventilation.
Any per.son who lets or occujiies or continiu's to let or knowingly
suifers to be occupied any i)lace contrary to this section shall be liable to
a fine not exceeding, for thi; first otfencc, twt-nty shillings, and for every
subsequent oti'ence five ])ounds.

36. If in a factory or workshop whei-e .Ljiindini;, glazing, or polishing
tm a wheel, or any ])rocess is carried on, liy which dust is genenited and

(-/) Sec 81. 17, 1S30.

(r.) Order of Home Secretary, March ('■') 4tli Schedule (22).



TIIR FACTORY ACT. 495

inhaled Ly tlic vrorki-is to an injurious extent (/"), it appears to an in-
spector tliat such iiilialatiou could be to a >,'reat extent jnevented \>y tin;
use of a fan or other mechanical means, the inspector may direct a fan
or other niedianical means of a ]>r()])er construction for prt^ventin^' such
inlialation to he provided witliin a reasonable time ; and if the same is
not provided, maintained, and used, the factory or ^\'orksllop sliall Ik*.
deenu'd not to be kept in confonnity witli tliis Act.

.'57. A chihl, yonng person, or woman shall not l).- em]iloyed in any
part of a factory in which wet-spinning is carried on, unless sutHcient
means be emjiloyed and continued for protecting the workers from being
wetted, and, where hot water is used, for ]n'eventing the escape of steam
into the room occupied by the workei's.

A lactory in which there is a conti'aventiou of this section sliall be
deemed not to be kept in conformity with this Act.

(2.) SjKcial liegtrictions /(■■i to Enqjloijmenf, Meals, and Certificates of

Fitness.

38. A cliild or young person shall not, to the extent mentioned in the
First Schedule to this Act, be employed in the fixctories or workshops or
parts thereof named in that schedule.

Notice of the jirohiljition in this section shall be affixed in a factory or
workshop to which it ai)plies(jy).

39. A child, young ])erson, or woman shall not be allowed to take a
meal or to remain during the times allowed for meals (/() in the parts of
factories or workshops to which this section applies ; and a child, young
j)erson, or woman allowed to take a meal or to remain in contravention
of this section shall be d(<rmed to be employed contrary to the provisions
of this Act.

Notice of the prohibition in this section shall be attixed in a factory
or workshop to which it applies.

This section applies to the jiarts of factories or worksho|)s named in
the Second Schedule to this Act.

Where it appears to a Secretary of State that by reason of the nature
of the process in any class of factories or workshojjs or parts thereof not
named in the said schedide, the taking of meals therein is specially
injurious to health, he may, if he thinks fit, by order made under this
part of this Act extend the prohibition in this section to the .said class of
factories or workshops or parts thereof (/i/t).

If the prohil)ition in this section is proved to the satisfaction of a
Secretary of State to be no longer necessary for the protection of the
health of children, young persons, and women in any class of factories
or workshops or parts thereof to which the jn-ohibition has been extended

(/■) Sec. 3. [hh) Older of Home Secretarv,

\q) Sec. 61. Jan. lu, 1881 ; Order of Jan. i'.t,

(h) Sees. 16 and 17. ISSO.



496 THK LAW OF MASTER AND SEUVAXT.

livaii onliT, lie inav, l>v an order iiiiuU' uiKlt-r tliis part of this Act, rescind
the (irdor of extension, without jncjiulicc nevertheless to the subsequent
niakin;:; of another onh-r.

40. In print works and bh-aihin;4 and dyeiuj,' wt)rks()') the period of
<'mploynient for a child, youn.u person, and woman, and the times
allowed for meals, shall hi- the same as if the said works were a textile
factory, and the regulations of this Act with respect to the eraph)yment
ol' children, young persons, and women in a textile factory shall apply
accordingly,'as if iirint woi'ks and bleaching and dyeing works were
textile factories ; save that nothing in this section shall prevent the con-
tinuous em])loyment of a child, young person, or woman in the said
works without an interval of half an hour for a meal, for the period
allowed by this Act in a non-textile factory.

41. Where it api>ears to a Secretary of State that by reason of special
circumstances affecting any class of workshops it is expedient for protect-
ing the health of the children and of the young persons under the age
of sixteen yeai'S employed therein, to extend thereto the prohibition in
this section mentioned, he may, by order made under this part of this
Act, extend to such class of workshops the prohibition in this Act of the
employment of children and young persons under the age of sixteen
years without a certificate of the fitness {k) of such child or young
person for employment, and thereupon the provisions of this Act with
respect to certificates of fitness for employment shall apply to the class
of woi-kshops named in the oidei' in like manner as if they were
lactones.

If the prohibition is proveil to the satisfaction of the Secretary of
State to be no longer necessary for^ the protection of the health of the
children and the young persons under the age of .sixteen years employed
in any class of workshops to which it has been extended under this
.section, he may by order made under this part of this Act rescind the
order of extension, without prejudice nevertheless to the subsequent
making of another order.

(3.) Special Exceptions relaxing General Law in certain Factories and
Workshops (l).

(a) Period of Employment.
42. In the factories and worksho]is or parts thereof to which this ex-
ception applies the ])eriod of employment for young persons and women,
if .so fixed by the occupier and specified in the notice, may, except on
Saturday, begin at eight o'clock in the morning and end at eight o'clock
in the evening, and on Saturday may begin at eight o'clock in thw

(i) As to period of emiiloymciit, (A-) Sees. 27 to 30.

.sections 11 and 12: as to jjrint, (/) Trovision as to occupier avail-

l.lcacliiug, and ilyeing works, sec. y;3 ing himself of special exceptions,

and 4th Sdiedulr, Part I. s. CG.



THE FACTORY ACT. 497

iiidi'iiint; and end at luur o'clock in the at'ttTiioiDi, ni- wlicrc it hef,'iiis at
srvi'ii o'clock in tlie iiioiniiig may end at three o'clock in the al'ternooii ;
and the jieiiod of employment for a child in a mornin;^' set may begin at
the same hour, tand the period of employment for a child in an after-
noon set may end at the same lioi;r.

This exception apj^lies to the factories and Avorkshops and parts
thereof specified in Part One of the Third Schedule to this Act.

Where it is proved to the satisfaction of a Secretary of State that the
customs or exigencies of the trade carried on in any class of non-textile
factories or workshops or parts thereof, either generally or when situate
in any i)articular locality, require the extension thereto of this excep-
tion, and that the extension can be made without injury to the health
of the children, young persons, and women affected thereby, die
may by order made iinder this part of this Act extend this exception
accordingly (in).

43. Where it is proved to the satisfaction of a Secretary of State that
the customs or exigencies of the trade carried on in any class of non-
textile factories or workshops or parts thereof, either generally or when
situate in any particular locality, require that the special exception
hereafter in this section mentioned should be granted, and that such
grant c;m be made without injury to the health of the children, young
persons, and women affected thereby, he may by order made under this
part of this Act grant to such class of factories or workshops or parts
thereof a special exception, that the period of employment for young
persons and women therein, if so fixed by the occupier and specified in
the notice, may on any day except Saturday begin at nine o'clock in the
morning and end at nine o'clock in the evening, and in such case the
period of employment for a child in a morning set shall begin at nine
o'clock in the morning, and the period of employment for a child in an
afternoon set shall end at eight o'clock in the evening (?;).

44. The regulations of this Act with respect to the employment of
young persons in textile factories shall not prevent the employment, in
the i)art of a textile factory in which a machine for the manufacture of
lace is moved by steam, water, or other mechanical power, of any male
young person above the age of sixteen years between four o'clock in the
morning and ten o'clock in the evening, if he is employed in accordance
•with the following conditions ; namely,

(a.) Where such young person is employed on any day before the be-
ginning or after the end of the ordinary period of emphjyment
in the f;ictory, there shall be allowed him for meals and
absence from work between the above-mentioned hours of
four in the morning and ten in the evening not less than
nine hours ; and

(w) Order of Home Seiaetary, June (?i) Order of Home Secretary, Dec.

3, 1881 ; Order of April 11, ISSl. 21, 1881 ; Order of July 12, 1880.

K K



41)8 THK LAW OF MASTER AND SKKVANT.

{().) AVlierc such youiiij; 2)Ci'.-!on is employed on ;my day before the
beginning of tlie ordinary peiiod of eni]doynient in tlie
factory, he shall not be employed on the same day after the
end of that period ; and
(c.) Where such young person is employed on any day after the end
of the ordinary period of employment in tlie factory, he shall
not be employed next morning befoie the beginning of the
ordinary period of employment.
For the purpose of this exception the ordinary juniod of employment
in the factory means the period of employment for young persons under
tlie age of sixteen years or women in the factory, or if none are employed
means such period as can under this Act be fixed for the emidoyment of
such young persons and women in the factory, and notice of such period
sliall be affixed in the factoiy.

45. Tlie regulations of this Act with respect to the i-mployment of
young persons in non-textile factories or Avorkshops (o) shall not jnv-
A ent the employment, in the part of a bakehouse in which the ju-ocess
I if baking Ijread is carried on, of any male young person above the age
(if sixteen years between five o'clock in the morning and nine o'clock in
tlie evening, if he is employed in accordance with the following con-
ditions ; namely,

(a.) Where such young person is employed on any day before the
beginning or after the end of the ordinary period of em-
ployment in the bakehouse, there shall be allowed him for
meals and absence from work between the above-mentioned
hours of five in the morning and nine in the evening not less
than seven hours ; and
(h.) Where such young person is empluyi'd on any day before the
beginning of the ordinary period of employment in tlu'
bakehouse, he shall not be employed after the end of that
period on the same day ; and
(c.) Where such young person is employed on any day after the end
of the ordinary period of employment in the bakehouse, he
shall not be employed next morning liefore the beginning of
the ordinary ]ieriod of em})loyment.
For the pur])ose of this exception the ordinary period of employment
in tlu; l)akeliouse means the ]ieri(jd of employment for young ])ersons
under the age of sixteen years or women in the bakehouse, av if none are
employed, means .such period as can under this Act be lixed Ibr the em-
ployment of such young persons and women in the bakehouse, and
notice of such period shall be attixed in the bakehouse.



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 52 of 77)