John Macdonell.

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

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making the order.

66. An occupier of a factory or workshop, not less than seven days
before he avails himself of any special exception under this part of this
Act, shall serve on an inspector, and (except in the case of a factory or
workshop to which the jirovisions of tliis Act with respect to the affixing
of notices do not apply (n) ) affix in his factory or workshop notice of his
intention so to avail himsell", and whilst he avails himself of the excep-
tion shall keep the notice so affixed.

Before the service of such notice on the inspector the special exception
shall not be deemed to apply to the factory or workshop, and after the
service of such notice on the inspector it shall not be competent in any
proceeding under this Act for the occupier to prove that such special

(«) Sec. 61.



508 THE LAW OF MASTER AND SEllVANT.

exception does jiot ajiply to liis factory or workslioj), iinleris he lias
previously served on an irispector notice that he no hunger intends to
avail himself of siTcli special exception.

The notice so served and affixed sliall specify the hours for the
lieginning and end of the period of eni])loynient, and the times to lie
allowed for meals to every child, young person, and -woman where they
dilfer from the ordinary hours or times.

An occupier of a factory or workshoi) shall enter in the prescribed
register, and report to an inspector, the prescribed particulars respecting
the employment of a child, young person, or woman in pursuance of an
exception, but such entry and report need not be made in the case of a
factory or workshop to which the provisions of this Act with respect to
the athxing of notices do not apply, exce})t so far as may l)e from time
to time prescribed by a Secretary of State.

Where the occupier of a factory or workshop avails himself of an
exception under this part of this Act, and a condition for availing
lumself of such exception (whether specified in this part of this Act, or
in an order of a Secretary of State made under this part of tliis Act) is
not observed in that factory or workshop, then

(1.) If such condition relates to the cleanliness, ventilation, or
overcrowding of the factory or workshop, the factory or
Avorkshop shall be deemed not to l)e kept in conformity with
this Act ; and
(2.) In any other case a child, young person, or woman employt-il
in the factory or workshop, in alleged pursuance of the said
exce^jtion, shall be deemed to l)e em])loyed contrary to the
])rovisions of this Act.



PART III.

Administratiox, Penalties, and Leual Proceedings.

(1.) Inspection.

67. A Secretary of State from time to time, with the approval of the
Treasury as to numbers and salaries, may appoint such inspectors (under
whatever title he may from time to time fix (o) ) and such clerks and
servants as he may think necessary for the execution of this Act, and
may assign to them their duties and award tlu-m their salaries, and may
constitute a princijjal inspector with an office in London, and may
regulate the cases and manner in which the inspect(jrs, or any of them,
are to execute and ])eiforni the powers and duties of inspectors under
this Act, and may remove such inspectors, clerks, and servants.

The salaries of the inspectors, clerks, and servants, ami the expenses

(o) Order of Home Secretary, 24th specters imdcr former Acts, Fraser's
Dec, 1878. As to powers of in- M;ister and Servant, p. 626.



TIIM FACTollY ACT. •')09

iiiciirrf(l liy tliciu or liy ;i Secretary ot" State in thr cxecutinu of this Act,
shall Ijc \)Md nut of luoueys ])rovi(le(l by Parliiinieut.

Notice of the appointment of every such inspector shall l)e i)ul)lislied
in the London Gazette.

A person who is tlie occupier of a factory or workshop, cjr is directly
or indirectly interested therein or in any ])rocess or business carried on
therein, or in a patent connected therewith, or is employed in or about
a factory or workshop, shall not act as an inspector under this Act.

An inspector under this Act shall not be lialile to serve in any
parochial or municipal office.

Such annual report of the proceediu.^s of the inspectors as tlie
Secretary of State from tinu' to time directs sliall be laid before both
Houses of Parliament.

A reference in this Act to an inspector n-fers, unless it is otherwise
expressed, to an inspector apjiointed in pursuance of this section, and a
notice or other document rec^uired by this Act to be sent to an inspector
shall Ix' sent to such inspector as a Secretary of State from time to
time directs, by declaration published in the London Gazette or otlier-
wise as he thinks expedient for makinL^ the same known to all persons
interested.

68. An inspector under this Act shall for the purpose of the execution
of this Act have power to do all or any of the following thin,ns ; namely,
(1.) To enter, inspect, and examine at all reasonable times by day
and night a factory and a workshop and every part thereof
when he has reasonable cause to believe that any person
is employed therein, and to enter by day any place which
he has reasonable cause to believe to be a factory or work-
shop ; and
(2.) To take with him in either case a constable into a factory in
which he has reasonable cause to apprehend any serious ob-
sti'uction in the execution of his duty ; and
(3.) To require the production of the registers, certificates, notices,
and documents kept in pursuance of this Act, and to inspect,
examine, and copy the same ; and
(4.) To make such examination and inquiry as may be necessary tf)
ascertain whether the enactments for the time behig in force
relating to public health and the enactments of this Act are
complied with, so far as respects the factory or work.shop and
the persons employed therein ; and
(5.) To enter any school in which he has reasonable cause to believe
that children employed in a factory or workshop are for the
time being etlucated ; and
(6.) To examine either alone or in the presence of anyotlier pei'son,
as he thinks fit, with respect to matters under this Act, every
]ierson whom he finds in a factory or worksliop, or sucdi a
school us aforesaid, or whom he has reasonable cause to



510 TIIK LAW OF MASTER AND SEJIVANT.

Lelieve to be or to have hi-en within tlu' ^HTcedin^ two
moTiths cmphiyod in a factory or workshop, and U> require
such ])erson to he so examined and to si^ii ach'claration of the
truth of tlie matters respecting which lie is so examined ; and
(7.) To exercise sucli other powers as maybe necessary fcu' carrying
this Act into effect.

The occupier of every factory and workshop, liis agents and servants,
?;hall furnish the means required by an inspector as necessary for an
•entry, inspection, examination, in(|uiry, or the exercise of liis powers
amckn- this Act in relation to such factory and workshoj).

Every ]iei'.son who wilfully delays an inspector in the exercise of anj'
flower under this section, or who fails to comply with a requisition of an
inspector in pursuance of this section, or to produce any certificate or
ilocunient which he is required by or in pursuance of this Act to pro-
duce, or who conceals or prevents a child, young person, or woman from
appearing before or being examined by an inspector, or attempts so to
conceal or prevent a child, young person, or woman, shall be deemed to
obstruct an inspector in the execution of his duties under this Act :
Provided always, that no one shall be required under this section to
answer any ({uestion or to give anj' evidence tending to criminate
himself.

Where an inspectoi' is obstructed in the execution of his duties under
this Act, the person obstructing him shall lie liable to a fine not exceed-
ing five pounds ; and where an inspector is so obstructed in a factory or
workshop, the occupier of that factory or workshop shall be liable to a
fine not exceeding five, or Avhere the offence is committed at night,
twenty pounds ; and where an inspector is so obstructed in a factory or
workshop within the meaning of section sixteen of this Act, the occupier
shall be liable to a fine not exceeding one, or where the offence is com-
mitted at night, five jiounds.

G9. An insi)ector before entering, in pursuance of the powers conferred
by this Act, without the consent of the occupier, any room or place
actually used as a dwelling as well as for a factory or workshop, shall,
on an affidavit or statutory declaration of facts and reasons, obtain
written authority so to do from a Secretary of State, or such wari'ant as
is hereinafter mentioned from a justice of the peace.

The alFahivit or statutory declaration above mentioned may l)e in-
spected or produced in evidence in all respects the same as an informa-
tion on oath before a justice.

A justice of the peace, if satisfied by information on oath that there is
reasonable cause to suppose that anj' enactment of this Act is contia-
vened in any such room or place as aforesaid, may in his discretion
grant a warrant imder his hand authorising the inspector named therein
at any time within the 2)eriod named therein, but not exceeding one
month fi'om the date thereof, to enter, in jnii'suance of this Act, the room
or place named in the warrant, and exercise therein the ])owers of in-



TITK FACTOHY ACT. 511

siu'ction and examination coni'crivd by this Act, and the fines ami pro-
visions of this Act with ivspect to obstruction of an inspector sliall a]i]tly
accordingly.

70. Every inspector under this Act shall bej'iirnished with the jire-
scribed certificate of his a])pointment, and on applying for admission to
a factory or workshop sh;d], if recjuii'ed, jiroduce to the occupier the
said certificate.

Every person who forges or counterfeits any such certificate, or makes
use of any forged, counterfeited, or false certificate, or personates the
inspector named in any such certificate, or falsely pretends to Ix;
an inspector under this Act, shall be lial)le to be imprisoned for a period
not exceeding three months, with or without hard labdur.

(2.) (JertifijiiKj SurycDus.

71. Where there is no certifying surgeon resident within three miles
of a factory or workshop, the poor law medical officer shall be for the
time being the certifying surgeon under this Act for such factory
workshoj).

72. Subject to such regulations as may l)e from time to time :uade by
a Secretary of State, an inspector may from time to time appoint
sufficient number of duly registered medical practitioners to be certifying
surgeons for the purposes of this Act, and may from tinie to time revoke
any such apppointment.

Every appointment and revocation of appointment of a certifying
surgeon may be annulled by a Secretary of State upon appeal to him for
that purpose.

A surgeon who is the occupier of a factory or workshop, or is diriectly
or indirectly interested therein or in any process or business carried oa
therein or in a patent connected therewith, shall not be a certifying,-
surgeon for that factory or workshop.

A Secretar}^ of State may from time to time make rules for the
guidance of certifying surgeons, and for the particulars to be registered
respecting their visits, and for the forms of certificates and other docu-
ments to be used by them.

73. A certificate of fitness for employment (p) shall not be granted for
the purposes of this Act, except upon personal examination of the person
named tiieri>in.

A certifying surgeon shall not examine a child or young person for
the purposes of a certificate of fitness for employment, t r sign any such
ceitificate, elsewhere than at the factory or workshojj where such child
or young person is or is about to be employed, unless the number oi
children and young persons employed in that factory or workshop are
less than five, or unless for some special reason allowed in writing by an
inspector.

ip) Sees. 27—33.



512



THE LAW OF MASTER AND SERVANT,



If a certifying surgeon refuses to grant for any person examined by
him a certificate of fitness for employment, he shall when reciuired give
in writiu"- and si^ii the reasons for such refusal.

74 AVith respect to the fe.-s to he paid to certifying surgeons in respect
of the examination of, and grant of certificates of fitness for eniploynient
for, children and young persons in fa.torii^s or workshops, the iollowmg
proAHsions shall have effect :

(1.) The occupier may agree with the certifying surgeon as to the

amount of such fees :
(2.) In the absence of any such agreement the fees shall be those
named in the following scale : —



AVhen the examination is at a
factory or workshop not ex-
ceeding one mile from the
surgeon's residence,

When the examination is at a
factory or workshop more
than one mile from the
surgeon's residence,



'2s. ad. for each visit
and (id. for each per-
son after the first
five examined at that
visit.

The above fees and an
additional Qd. for each
complete half mile
over and above the
mile.



\6(/. for each person ex-
/ amined.



"When the examination is not'
at the factory or workshop,
l)ut at the residence of the
surgt^on, or at some place
appointed by the surgeon for
the ])ur2"iose, and which place,
as well as the day and hour, '
appointed for the purpose
shall be published in the
prescribed manner, '

(3.) The occupier shall pay the fees on the conii)letion of the ex-
amination, or if any certificates are granted at the time at
which the surgeon signs the certificates, or at any other time
directed by an inspector :
(4.) The occupier may deduct the fee or any part thereof, not ex-
ceeding in any case threeyx'nce, from the wages of the pereon
for whom the certificate Avas granted :
(.").) A Secretary of State may from time to time, if he think it
expedient, alter any h*es fixed by this section.

{:).) Mi.icellinicojfa.

7.'). Every person shall, witliin one month after he begins to occupy a
fai-tory, .serve on an ins])ector a wiitten notice containing the name of
the factory, the i)lace where it is situate, tlie address to whicli he desires



THE FACTORY ACT. 513

his letters to lie adilressed, tlie nature of tlie work, tlie nature and
amount of the mc)vin<,' power therein, and the name of the firm under
Avliich the business of the factory is to be carried on, and in default shall
be lialde to a fine not exceeding five pounds.

76. Where an inspector, by notice in writing, names a jiublic clock,
or some othi-r clock open to pulilic view, for the |)urpose of regulating
the period of employment in a factory or workshoji, the ])eriod of em-
ployment and times allowed for meals for children, young persons, and
women in that factory orworkshop shall be regulated by that clock, which
shall be specified in the notice {(f) aftixed in the factory or workshop.

77. The occupier of every factory and workshop to which this
section applies shall keep in the prescribed form and with the prescribed
particulars registers of the children and young persons employed in that
factory or workshop, and of their employment, and of other matters
under this Act.

The occupier of a factory or workshop shall send to an inspector such
extracts from any register kept in pursuance of this Act as the inspector
from time to time rei^uires for the execution of his duties under this Act.

This section applies to every factory and Avorkshop in which a child
or young person under the age of sixteen years is, for the time being,
prohibited under this Act from being employed without a certificate of
fitness for employment.

AVhere by reason of the numlier of children and young persons
employed in a factory or workshop to which this section does not for
the time being apply, or otherwise, it seems expedient to a Secretary of
State so to do, he may order the occupier of that factory or Avorkshop to
keep a register vinder this section, with power to rescind such order, and
Avhile such order is in force this section shall apjily to that factory or
workshop.

In the event of a contravention of this section in a factory or Avork-
shop, the occupier of the factory or AVorkshop shall be liable to a fine
not exceeding forty shillings.

78. There shall be affixed at the entrance of a factory and a Avorkshop,
and in such other parts thereof as an inspector for the time being directs,
and be constantly kept so affixed in the prescribed form and in such
position as to be easily read by the persons employed in the factory or
AvorkshojD, —

(1.) The i^rescribed abstract of this Act ; and

(2.) A notice of the name and address of the prescriVied inspector ;

and
(3.) A notice of the name and address of the certifying surgeon for

the district ; and
(4.) A notice of the clock (if any) by Avhich the period of emjdoy-

ment and times for meals in the factory or AVorkshop are

regulated ; and

(q) Sees. Gl and 78.



514 THE LAW OF MASTER AXD SERVANT.

(5.) Every notice and tUicunu-nt icqnircil liy this Act to be affixed
in the factory or workshop (r).
In the event of a contravention of this section in a factory or -work-
shop, the occupier of the factorj- or Avorksliop shall he liable to a fine
not exceeding forty shillings.

79. Anv notice, order, requisition, summons, and document under this
Act may he in writing or ]U'int, or partly in writing and partly in
print.

Any notice, order, retpiisition, summons, and document refpiired or
authorised to he served or sent for the purposes of this Act may be
served and sent by delivering the same to or at the residence of the
person on or to whom it is to be served or sent, or, Avhere tliat person is
the occiipier of a factoiy or workshop, by delivering the same or a true
copy thereof to his agent or to some person in such factoiy or workshop ;
and it may also be served or sent by i)ost by a prepaid letter, and if
served or sent by post shall be deemed to have Ijeen served and received
respectively at the time when the letter containing the same Avould be
delivered in the ordinary course of post, and in proving such service or
sending it shall be sufficient to prove that it was properly addressed and
put into the post ; and where it is required to be served on or sent to
tlie occujiier of a factory or workshop, it shall be deemed to be properly
addressed if addressed to the occupier of such factory or workshop at the
factory or workshop, witli tlie addition of the proper postal address, but
■vnthout naming the person who is the occupier.

80. Any Act for the time being in force relating to weights and
measures (,s) sliall extend to weights, measures, scales, balances, steel-
yards, and weighing machines used in a factory or workshop in checking
or ascertaining the wages of any person employed therein, in like
manner as if they were used in the sale of goods, and as if such factorj'
or workshop were a place where goods are kept for sale, and such Act
sliall apply accordingly, and every insiiector of, or other person autho-
rised to inspect or examine, weights and measures, shall inspect, stamp,
mark, search for, and examine the said weights and measures, scales,
balances, steelyards, and weighing machines accordingly, and for that
purpose shall have the same powers and duties as he has in relation to
weights, measures, scales, balances, steelyards, and weigliing machines
used in the sale of goods.

(4.) Filter.

81. If a factory or workshop is not kept in conformity with this
Act, the occupier thereof shall be liable to a fine not exceeding ten
pounds (t).

(r) See. f)l. (t) As to recovery of fines, ss.

{s) Wcif;hts and Measures Act, 89, 00. See also .sees. 22 31 35,
1878, 41 &i 42 Vict. c. 49. 68, 77 and 78.



THE FACTORY ACT. '')!'")

The court of suiuinaiy jurisdiction, in aildition to or instead of
inflicting such fine, may order certain means to Lt- adojitcd l>y the
occupier, within the time named in the or(U'r, for the purpose of bring-
ing his factt)ry or workshoi) into conformity with this Act ; tlic court
may, upon application, euLirge the time so named, hut if, after the ex-
piration (if the time as originally named or enlarged hy subsequent order,
the order is not complied with, the occupier shall be liable to a fine not
exceeding one pound for every day that such non-compliance continues.

82. If any person is killed oi»suffers any bodily injury in conseciuence
of the occupier of a factory lia\-ing neglected to fence any machinery
required by or in pur.suancc; of this Act to be securely fenced (x), oi-
having neglected to inaiutain such fencing, or in consequence of the
occupier of a factory or workshop having neglected to fence any ^•at,
pan, or other structure lequired by (ir in pursuance of this Act to be
securely fenced, or having neglected to maintain such fencing, the
occupier of the factory or workshop shall be liable to a fine not exceed-
ing one hundred pounds, the whole or any part of which may be applied
for the benefit of the injured person or his family, or otherwise as a
Secretary of State determines :

Provided that the occupier of a factory shall not be lialde to a fine
under tliis section if an information against him for not fencing the part
of the machinery, or the vat, pan, or other structure, by which the death
or bodily injury was inflicted, has been heard and dismissed previous to
the time when the death or bodily injury was inflicted.

83. Where a child, young person, or woman is emj)loyed in a factory
or workshop contrary to the provisions of this Act, the occupier of the
factory or workshop shall be liable to a fine not exceeding three, or if the
offence was committed during the night, five pounds for each child,
young person, or woman so employed ; and where a child, young person,
or woman is so employed in a factory or workshop within the meaning
of section sixteen of this Act, the occupier shall be lial>le to a fine not
exceeding one, or if the offence was committed during the night, two
pounds for each child, young person, or woman so employed.

A child, young person, or woman who is not allowed times for meals
and absence from work as recpiired by this Act, or during any part of the
times allowed for meals and absence from Avork is, in contravention of
the provisions of this Act, employed in the factory or workshop or
allowed to remain in any room, shall be deemed to be employed contrary
to the provisions of this Act.

84. The parent (y) of a child or young person shall, —
(1.) If such child or young person is employed in a factory or work-
shop contrary to the provisions of this Act, lie liable to a fine
not exceeding twentv shillings- for each otfence, unless it



(.r) Sees. 5, 6, 7. Uj) Sec. 96.

I. L 2



510 THE LAW OF MASTER AND SKRVANT.

appears to the cdiirt that sncli ofTenccMvas cnminittcd without
tho consent, connivance, or wilful del'ault of such parent ; and
(2.) If he neglects to cause such child to attend school in accord-
ance Avith this Act (v), be liable to a tine not exceeding
twenty shillings for each offence.
8"). Every person wlio forges or counterfeits any certificate for the
]iurposes of this Act (for the forgery or counterfeiting of which no other
punishment is provided), or who gives or signs any such certificate
knowing the same t(j be false in any material particular, or wlio know-
ingly utters or makes use of any certificate so forged, counterfeited, or
false as aforesaid, or who knowingly utters or makes use of as api)lying
to any person a certificate which does not so apply or who personates any
person named in a certificate, or who wilfully connives at the forging,
counterfeiting, giving, signing, uttering, making use, or personating as
aforesaid, shall be liable to a fine not exceeding twenty pounds, or to im-
prisonment for a term not exceeding three months Avith or A\ithout hard
labour.

Every person Avho wilfully makes a false entry in any register, notice,
certificate, or document rei[uired by this Act to be kept or served or
sent, or who Avilfully makes or signs a false declaration under this Act,
t)r Avho knowingly makes use of any such false entry or declaration, shall
l)e liable to a fine not exceeding tAventy pounds, or to imprisonment for
a term not exceeding three months Avith or Avithout hard labour.

86. Wheie an ofi'ence for Avhich the occupier of a factory or Avorksho]>
is liable under this Act to a fine, has in fact been committed by some
agent, servant, Avorkman, or other person, such agent, servant, Avorkman,
or other person shall be liable to the same fine as if Ik- avcic the
occupier ((()•

87. "Where the occujiier of a factory or Avorkshop is charged Avith an
oftence against this Act, he shall be entitled upon information duly laid



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 54 of 77)