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Where it is proved to the satisfaction of a Secretary of State that the
exigencies of the trade carried on in liakehouses, either generally or

(o) Sff. 13 ; al.so Cameron v. Foi/ k 31 Vict. c. 146, as to substituting a
(1674), 30 L. T. N. S. 517, under 30 AVednesday half holiday lor Saturday.



TIIH FACTORY A("J'. 499

when situate in any particular hjcality, r(,'i|uiri' fliat tlie special exception
lieveafter in tliis section mentioned should l»e j^ranted, and that such
grant can be made without injury to the healtli of the male younj,'
persons affected thereby, he may by order made under this jiart of this
Act grant to bakehouses, or to bakehouses situate in the said locality, a
special exception permitting the employment of male young ])ersons of six-
teen years of age and upwards as if they were no longer young persons {})).

46. Whore it is jn'oved 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, either generally or when situate in any
jiarticular locality, reipiire some other day in the week to be substituted
for Saturday as regards the hour at which the period of emjiloyment for
children, young persons, and women is required by this Act to end on
Saturday (q), he may by order (r) made under this part of this Act grant
to sirch class of fiictoiics or workshops a special exception, authorising
the occupier of every such iai:tory and workshop tosub^titnte by a notice
atHxed in his factory or Avorkshoj) some other day for Saturdaj-, and in
such case this Act shall apjdy in such factory or workshop in like
manner as if the substituted day were Satunlay, and Saturday were an
ordinary Avork day.

47. In the process of Turkey red dyeing, uothhig in Part One of this
Act shall jirevent the employment of young persons and women on
Satui'day until half-past four o'clock in the afternoon, but the additional
number of hours so worked shall be computed as part of the week's limit
of work, which shall in no case be exceeded.

48. In any of the textile factories to which this exception applies, if
the ]iei'iod of employment foy J'oung ])ersons and Avomen, as fixed by the
occupier and specified in the notice, begins at the hour of seven in the
morning, and the whole time between that hour and eight o'clock is
allowed for meals, the regulations of this Act with respect to the em-
ployment of children, young persons, and women shall not prevent a
child, yoimg person, or woman, between the first day of November and
the last day of ]\Iarcli next following, being employed continuously,
without an interval of at least half-an-hour for a meal, for the same
period as if the factory were a non-textile factory (s).

This exception applies to the textile factories specified in Part Seven
of the Third Schedule to this Act.

Where it is proved to the satisfaction of a Secretary of State that in
any class of textile factories, either generally or when situate in any
particular locality, the customary habits of the persons employed therein
require the extension thereto of this exception, and that the manu-
facturing process carried on therein is of a healthy character, and the

(i?) Order of Home Secretary, 10th Dec, 1878; Order of August IS,

Dec, 1878. 1880.

(7) Sees. 12, 13, 14, and 16. (a) Sec. 13.
(r) Home Secretary's Order, lOtli



.')00 THE LAW OF MASTEll AND SKUVANT.

cxteiisum can be made witluuit injury tn tlir liraltli nf the childivn,
young persons, and women affected thereby, he may by order made
under this part of this Act extend this exception accordingly (0-

49. "Where it is proved to the satisfaction of a Secretary of State that
the customs or exigencies of tlie trade carried on in any class of uon-
tt'xtik' factories or workshops, eitlier generally or Avhen situate in any
particular locality, reiiuiie that the special excejjtion hereafter in this
section mentioned should be granted, he may by order (») made under
this part of this Act grant to such class of factories or workshops a
special exception, autliorising the occupier of any such factory or work-
siiop to allow all or any of the half holidays, or whole holidays in lieu
of them, on different days to any of the children, young persons, and
women employed in his factory or workshop, or to any sets of such
children, young persons, and women, and not on the same days.

50. Where the occupier of a factory or workshop is a person of tlie.
.Jewish r(digion, the regulations of this Act with resi)ect to the emjiloy-
ment f)f young persons and women shall not prevent him —

(1.) If he keeps his factory or workshop closed on Saturday
until sunset, from employing young persons and women
on Saturday from after sunset until nine o'clock in the
evening ; or

(2.) If he keeps his factory or workshop closed on Saturday both
before and after sunset, from employing young persons and
women one hour on every other day in the week (not being
Sunday), in addition to the hours allowed by this Act, so
that such hour be at the begiiming or end of the period of
employment, and be not ])efore six o'clock in the morning or
after nine o'clock in the evening ; or

(3.) If all the children, young persons, and wiunen in his factorj' or

workshop are of the Jewish religion, from giving them, if so

specified in a notice affixed in the fixctory or workshop as by

this Act ]irovided (.r), any two public holidays under the

Holidays Extension Act, 1875, in lieu of Christmas Day and

Good Friday, but in that casi' such factory or wt)i'ksliop shall

iu)t be o^jcn for tratlic on Christmas Day or C.ood Friday.

51. No ])enalty shall be incurred by any person in respect of any work

done on Sunday in a factory or Avorkshoi) by a young person or woman

of the Jewish religion, subject to the following conditions :

(1.) The occupier of the factory oi' workshop shall be of the Jewish

7eligi(m ; and
(2.) Tlie factory or workshop shall be closed on Saturday and shall
not l»e ojien for traffic on Sunday ; and

(/) Onlor of Home Sccrctiirv, lotli {n } (Inlcr of Home . Secretary, 10th

Dec, 1878. ■ Dec, 1878.

(.J') Sec 19.



TIIK FACTOIiY ACT. 501

(3.) TliL- occuiiicr sluill not aviiil hinisuH' of tlic I'xeeiitioii autlio-

risiiig tlie employiuent of young persons arul women on

Satur<]ay evening, or for an additional hour during any

other day of the week.

Where tlie occupier avails himself of tliis exception, tliis Act shall

apply to the factory or Avorkshop in like manner as if in the provisions

thereof respecting Sunday the word Saturday were suhstituted for

Sunday, and in the ])rovisions thereof respecting Saturday the word

Sunday, or, if the occupier so specify in the notice t]ie wonl Fri(hiy,

were suhstituted for Saturday.

(h.) Meal Hours.

52. The provisions (//) of this Act which re([uire tliat all the cliildren,
young persons, and women employed in a factory or worksliop sliall
have the times allowed for meals at the same hour of the day shall not
apply in the cases mentioned in Pait Two of the Tliird Schedule to this
Act.

The provisions of this Act which re(|uire that a child, young
person, and woman shall not, during any part of the times allowed for
meals in a factoiy or workshop, he em])loyed in the factory or the
worksliop, or l)e allowed to remain in a room in which a manufacturing
process or handicraft is being carried on, shall not apply in the cases
and to the extent mentioned in Part Two of the Third Schedule to this
Act.

Where it is proved to the satisfaction of a Secretary of State that in
any class of factories or workshops or parts thereof it is necessary, by
reason of the continuous nature of the process, or of S])ecial circum-
stances affecting such class, to extend thereto the exceptions in this
section or either of them, and that such extension can be nuide without
injury to the health of the children, young persons, and women affected
thereby, he may by order (.^) made imder this ])art of this Act extend
the same accordingly.

(c.) Overtime.

53. The regulations <)[ this Act with resjiect to the employment of
young persons and W(jmen shall not prevent the employment in the
factories and workshops or parts thereof to which this exception
applies of young persons and of women during a period of employ-
ment beginning at sLx o'clock in the morning and ending at eight
o'clock in the evening, or beginning at seven o'clock in the morning and
ending at nine o'clock in the evening, or beginning at eight o'clock in
the morning and ending at ten o'clock in the evening, if they are
employed in accordance with the following conditions ; namely,

iU) Sec. 17.

{z) Orders of Home Secretary, 10th Dec, 1878.



502 TIIK LAW OF MASTER AND SERVANT.

(1.) There shall he allowed to eA'erv such youiii;- ]ieisoii and uoiuaii
for meals during the'period o[' ciuijlovnu'iit not less than two
lioiirs, of whicli halt' an hour shall In- alter live o'clock in the
evening;- ; and
{■2.) Any such youni; person or woman sliall not be so employed oil
the whole for more than five days in any one week, nor for
more than forty-eight days in any twelve months.

This exception applies to the factories and workshojis and ]iarts
thereof specified in Part Three of the Third Schedule to this Act.

"Where it is proved to the satisfaction of a Secretary of State that in
any class of non-textile factories or worksliops or parts thereof it is
necessary, by reason of the material which is the subject of the manu-
facturing process or handicraft therein being liable to be spoiled by the
weathei', or by reason of press of work arising at certain recurring
seasons of the year, or by reason of the liability of the business to a
sudden press of orders arising from unforeseen events, to employ young
])ersons and women in manner authorised by this exception, and that
such em2)loynient will not injure the health of the young persons and
Avomen aifected thereby, he may liv order (o) made under this part of
this Act extend this exception to such factories or workshops or ])arts
tliereof.

54. If in any factory or woikshop or part thereof to wdiich this excep-
tion ai)plies, the process in which a child, young person, or woman is
employed is in an incomplete state at the end of the period of employ-
ment of such child, young person, or woman, the provisions of this Act
with respect to the period of employment shall not prevent such child,
young person, or woman from Ijeing employed lor a further period not
exceeding thirty minutes :

Provided that such further periods when added to the total number
of hours of the periods of em])loyment of such child, young person, or
woman in that week, do not raise tliat total aliove the number otherwise
allowed under this Act.

This exception a])i)lies to tlie factories and workshops specitied in
Part Four of the Third Schedule to this Act.

"Wliere it is proved to the satisfaction of a Secretary of State that in
any class of non-textile factories or workshops or parts thereof the time
for the con)pletion of a process cannot by reason of the nature thereof
be accurately fixed, and that the extension to such class of factories or
workshops or parts thereof of this exception can be made without injury
to the health of the children, joung persons, and women afl'ected
thereby, he may by order made under this ])art of this Act extend this
exception accordingly (fi).

(a) Order of Home Secretary, 10th October 6, 1881 ; Order of June 3,

Dec., 18 8();Orders of August 18, ' 1881 ; Order of Jan. 5, 1881.

1878; Order of March 11, 1880; (/y) Order of August 18, 1880.
Order of May 14, 1879 ; Onier of



TIIH FACTOUV" ACT. ')i)'.\

55. NotIiiii;j; in tliis Act sliall picvml tin: (■iiij)li)yiiii'iit ot" youii;^'
jtersous ami women so far a.s is necessary for the purpcjse only of ])rf-
ventiTi^- any damage which may arise from spontaneous comhustion in
the process of Turkey red dyeing, oi- from any extraordinary atmospheric
influence in the process of oj)en-air Vdeacliing.

56. The regulations of this Act witli respect to the employment of
young persons and Avomen shall not prevent the employment, in the
factories and workshops and parts thereof to which this exception
applies, of women during a period of employment beginning at six
o'clock in the mnining and ending at eiglit o'clock in the evening, or
beginning at seven o'clock in the morning and ending at nine o'clock in
the evening, if they are em2)loyed in accordance with tlie following ctjii-
(litions ; namely,

(1.) There shall be allowed to every such woman for meals during
the pei'iod of employment not less than two hours, of whicli
half an hour shall be after five o'clock in the evening ; and
(2.) Any such woman shall not be so employed on the whole for
more than five days in any one week, nor for more than
ninety-six days in any twelve months.
This exception applies to the factories and w(jrkshops and parts
thereof specified in Part Five of the Third Schedule to this Act.

Where it is proved to the satisfaction of a Secretary of State that in
any class of non-textile factories or workshops or parts thereof it is
necessary, by reason of the perishable natui-e of the articles or materials
which are the subject of the manufacturing process or handicraft, to
employ women in manner authorised by this exception, and that such
employment will not injure the health of the women employed, he may
by order made under this part of this Act extend this exception to such
factories or workshops or parts thereof.

57. Where it appears to a Secretary of State that factories driven by
water power are liable to be stopped by drought or flood, he may, by
order (c) made under this part of this Act, grant to such factories a special
exception permitting the employment of young persons and women
during a period of employment from six o'clock in the morning until
seven o'clock in the afternoon, on such conditions as he may think
proper, but so as that no person shall be deprived cf the meal hours by
this Act provided, nor be so employed on Saturday, and. that as regards
factories liable to be stopped by drought, such special exception shall
not extend to more than ninety-six days in any period of twelve months,
and as regards factories liable to be stopped by floods, such special
exception shall not extend to more than forty-eight days in any period of
twelve months. This overtime shall not extend in any case beyond the
time already lost during the previous twelve months.

(c) Order of 10th Dec, 1878.



504 THK LAW OF MASTER AND SKIIVANT.

(d.) Xi<jh(icorJ:{d).

58. Nothing in this Act shall prevent tlie employment, in lactones
and -workshops to which this exception applies, of male yonng jiersons
during the niglit, if they are employed in ucccndance with the following
conditions :

(1.) The ])eriod of employment shall not exceed twelve consecutive
hours, and shall begin and end at tlie hours specified in the
notice in this Act mentioned ; and
(2.) The provisions of Part One of this Act with respect to the
allowance of times for meals to young persons during the
period of employment shall be observed with the necessary
modifications as to the hour at whirli the times allowed for
meals are fixed ; and
(3.) A nude young person emi)loyed during any part of the night
shall not be employed during any part of the twelve hours
preceding or succeeding the period of employment ; and
(4.) A male young person shall not be emjiloyed on more than six
nights, or in the case of blast furnaces or jjaper mills seven
nights, in any two weeks.
The provisions of this Act with respect to the period of employment
on Saturday, and with respect to the allowance to young persons of
eight half holidays in every year, or of whole holidays in lieu of them,
shall not ajiply to a male young person employed in day and niglit turns
in pursuance of this exception.

This exception ap2)lies to the factories and Avorkshops specified in Part
!Six of the Third Schedule to this Act.

Where it is proved to the satisfaction of a Secretary of State that in
any class of non-textile factories or workshops or parts thereof it is
necessary, by reason of the nature of the business reipiiring the process
to be carrietl on througliout the niglit, to employ male young persons of
sixteen years (jf age or upwards at niglit, and that such employment will
not injure the health of the male young persons employed, he may by
order (t) made under this j art of this Act extend this exception to such
factories or workshops or parts thereof, so far as regards young persons
of the age of sixteen years or upwards.

59. In a factory or worksho]) in w liirli tlu' luoirss of ])rinting news-
jmpers is carried on on not more tluui two niglits in the week, nothing
in this Act shall prevent the employment of a male young i)er.son of
sixteen years of age and upwards at night during not more than two
nights in a week, as if he were no longer a young person.

60. In glass works nothing in this Act shall prevent any luale young
person from working iiccording to the accustomed hours of the works,
if he is employed in accordance with the followiug conditions ; namely,

{d) As to "night," s. 90, schedule (< ) Onlcr of Home Sccictiiry, 10th

Ij, part G. Dec., 1878 ; Order of 1-lth May, 1879.



TIIR FACTORY ACT. 50/5

(1.) The total uumlicr (if hours of tlie jR-riods of uinplnyiuciit shall
not exceed sixty in any one week ; and

(2.) The periods of employment for any such young person shall not
exceed fourteen hours in four separate turns per week, or
twelve hours in live separate turns per week, or ten liours in
six separate turns jK-r week, or any less uiiniljer of hoiu-s in
the accustomed nuiuher of separate turns per week, so that
such number of turns do not exceed nine ; and

(;j.) Such young person shall not work in any turn without an
interval of time not less than one fnll turn ; and

(4.) There shall he allowed to such young person during each turn
(so far as is practici'ible) the like times for meals as are re-
«[uired by this Act to be allowed in any other non-textile
factory or workshop.



(4.) >^pi:cial Exception for Jhmestic ami cerffiin other Factories and
JForkulioptt.

61. Tin- ])r()visions of this Act which relate —

(1.) To the cleanliness (including liniewashing, painting, varnish-
ing, and washing) or to the freedom from effluvia, or to the
overcrowding, or ventilation of a factory or workshop (/) ; or

(2.) To all children, young persons, and women employed in a
factory or workshop having the tunes allowed for meals at
the same hour of the day, or during any part of the times
allowed for meals in a factory or workshop being employed
in the factory or workshop or being allowed to remain in any
room (g) ; or

(3.) To the affixing of any notice or abstract in a foctory or work-
shop ; or specifying any matter in the notice stj affixed (/i) ; or

(4.) To the allowance of any holidays to a child, young person, or
womair (i) ; or

(5.) To the sending notice of accidents (/.) ;
shall not apply —

(a.) Where persons are employed at home (H), that is to say, to a
private house, I'oom, or place which, though used as a dwell-
ing, is by reason of the work carried on there a factory or
workshop within the meaning of this Act, and in which
neither steam, water, nor other mechanical power is used, and
in which the only persons employed are members of the
same family dwelling there ; or

(6.) To a worksln)p which is conducted on the system of not em-

(/) Sec. 3 ; ss. 33—37. (/) Sec. 22.

ig) Sec. 17. (k) Sees. 31, 32.

Kh) Sees. 19, 22, siib-ss. 1, 38, 39. (kk) Sec. 16.



506 TIIK LAW OF MASTER AND SERVAlxT.

ploying cliildiiii or young p^-rsons therein, and the occupier

of wliich has .served on an inspector notice of liis intention to

conduct his workshop on tliat system.

And the provisions of tliisAct witli respect to certificates of fitness tor

employment (/) sliall apply to any such private liouse, room, or pkice as

aforesaid, -which by reason of the nature of the work carried on there is

a factory, as if the same were a worksliop within the meaning of this

Act, and not a factory.

Where the occui)ier of a workshop has served on an inspector notice
of his intention to conduct that workshop on the system of not enqdoy-
ing children or young persons therein, the workshop shall be deemed
for all the purposes of this Act to be conducted on the said system
until the occupier changes it, and no change sliall be made until the
occupier has served on the inspector notice of his intention to change
tlie system, and until the change a child or young person employed in
the workshop shall l)e deemed to be employed contrary to the pro-
visions of this Act. A change in the said system shall not be made
(^ftener than once a quarter, unless for special cause allowed in writing
by an inspector.

Nothing in this section shall exempt a bakehouse from the provisions
of this Act with respect to cleanliness (including lime washing, painting,
varnishing, and washing,) or to freedom from efHuvia.

(32. The regulations of this Act with respect to tlie employment of
women (m) shall not apply to liax scutch mills which are conducted on
the system of not employing either children or young persons therein,
and which are worked intermittently, and for periods only which do not
exceed in the whole six months in any year. A flax scutch mill shall
not be deemed to be conducted on the system of not employing therein
either children or young jiersons until the occu])ier has served on an in*
specter notice of his intention to conduct such mill on that system.

(.").) tiiqi'plcmciital as to Hpecial Provisions.

('),]. Where it appears to a Secretary of State that the adoption of any
special means or provision lor the cleanliness or ventilation of a factory
01- workshop is recpiired for ihe protection of the health of any child,
young person, or woman employed, in jjursuance of an exception under
this part of this Act, either for a longer period than is otherwise allowed
by this Act, or at night, he may by order made under this part of this
Act direct that the adoption of such means or ])rovision shall be a con-
dition of such em])loyment ; and if it appears to a Secretary of State
that the adoption of any such means or provision is no longer required,
or is, having regard to all the circumstances, inexpedient, he may, by

(Z) Sees. 27— :3().

(>,i) Sees. 10, 11, 1:3, 15, 17, IS 21, 22, 42—49.



THE FACTORY A(;T. .■)()7

order made under tliis pint of tliis Act, rescind the order directing .such
adoption Avitliout prejudice to the subsequent making of another order.

(34. Where an exception has been granted or e.\tended under this part
of this Act by an order of a Secretary of State, and it appears to a
Secretary of State that such exception is injurious to the health of the
chihlren, young person.s, or women emph)yed in, or is no h)nger neces-
sary for the carrying on of the business in, tlie class of factories or work-
shops or parts thereof to which the said excci)ti(iu Avas so granted oi'
extended, he may by an order made under this part of this Act rescind
the grant or extensinn, without prejuilice U> the subse(jueut making of
another oi'der.

65. Where a Secretary of State has power to make an order under this
part of this Act, the folUnving provisions shall a[)ply to that order :

(1.) Tile order shall be under the hand of the Secretary of State and
shall be published in the London Gazette, and shall come
into operation at the date of such publication in the London
Gazette, or at any later date mentioned in the (jrder :

(2.) The order may be temporary or ijermanent, conditional or un-
conditional, and whether extending a prohibition or excep-
tion, granting an exception, directing the adoption of any
means or provisions, or rescinding a previous order, or
efl'ecting any other thing, may do so either wholly or partly :

(3.) The ortler shall be laid as soon as may be before both Houses
of Parliament, and if either House of Parliament, within tlu;
next forty days after the same has been so laid before such
House, resolve that such order ought to be annulled, the
same shall after the date of such resolution lie of no etiect,
without prejudice to the validity of anything done in the
meantime under such order or to the making of any new order :

(4.) The order, while it is in force, shall, so far as is consistent with
the tenor thereof, apply as if it formed part of the enactment
wluch provides for the extension or grant or otherwise for



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