John Macdonell.

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

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against this Act which may be committed in relation to such children,
young persons, or women, be deemed to be the occupier of the factory.

100. Nothing in this Act shall extend —

(1.) To any young person, being a mechanic, artisan, or lal)ourer,
Avorking only in repairing either the machinery in or any
l^art of a factory or workshop ; or

(2.) To the process of gutting, salting, and packing fish immediately
upon its arrival in the fishing boats.

101. The provisions of section ninety-one of the Public Health Act,
1875, with respect to a factory, workshop, or workplace not kept in a
cleanly state, or not ventilated or overcrowded, shall not apply to a
factory or woikshop which is subject to the provisions of this Act
relating to cleanliness, ventilation, and overcrowding, but shall apply to
every other factory, workshop, and workplace.

It is hereby declared that the Public Health Act, 187"), siiall apply to
buildings in which persons are employed, whatever their number may
be, in like manner as it applies to buildings where more than twenty
are employed.

102. Any enactment or document referring to the Acts repealed by
this Act, or any of them, or to any enactment thereof, shall l)e construed
to refer to this Act and to the corresponding enactment thereof.

(3.) ApiAiadion of Act to Scotland and Ireland.

103. The provisions of this Act shall, in the case of a factory or work-
shop in Scotland or Ireland, in Avhich a child under the age of ten years
may lawfully be employed at the passing of this Act, be modified as
follows ; that is to say.



52G THE LAW OF JIASTEIl AND SERVANT.

(1.) Shall ajtply duiiiiL:; Iwelvr inonths after the coimneiiceiueut
of this Act to children of the aj^e of nine years and upwards,
as if they -were of the age of ten years ; and

(2.) Sliall not prevent a child who, hefore the comniencenieut of
this Act, is lawfully employed in any factory or workshop as
a child under the age df nine years, or any child who duiing
the twelve months next after the connnencement of this Act
is lawfully employed in any factory or workshop as a child
under the age of ten years, from continuing to be employed
in a factory or workshop in like manner as if the child were
above the age of ten years ; and

(3.) Shall apph' during twelve months after the commencement of
this Act to children of the age of thirteen years and upwards
as if they were young persons ; and

(4.) Shall not prevent a child, Avho before the expiration (jf twelw
months after the commencement of this Act is lawfully em-
ployed in a factory or workshop as a young person, from
continuing to be emi>loyed in a factory or workshoji as a
young person.

104. "Where the age of any child is recpiired to be ascertained or
proved for the purposes of this Act, or for any purpose connected Avilh
the elementary education or employment in lal)our of such child, any
person, on presentijig a written requisition in such form and containing
such particuhirs as may be from time to time prescribed by a Secretary
•of State, and on payment of such fee, not exceeding one shilling, as a
Secretary of State from time to time fixes, shall be entitled to ol)tjun —

(1.) In Scotland an extract binder the hand of the registrar imder
the Act of the seventeenth and eighteenth years of Her
jiresent ]\iajesty, chaiiter eighty, and any Acts amending
the same, of the entry in the register kept under those
Acts ; and

(2.) In Ireland a certilied copy under the hand of the n-gistrar or
superintendent registrar under the Eegistration of Births
and Deaths (Ireland) Act of the entry in the register under
that Act of the birth of the child named in the reij^uisition.

105. In the application of this Act to Scotland —

(1.) The expression " certified efficient School " means any public
or other elementary school under Government in.sj)ection :

(2.) In lieii of Christmas J^ay and either (Jood Friday or the lU'xt
]niblic holiday under the Holidays Extension Act, 187'), there
shall be allowed as a holiday to every cliild, young jterson,
and woman eni])loycd in a factory or workshop the whole of
two days separated from each other by an interval of not
less than three months, one of which shall be a day set apart
by the Church of Scotland for the observance of the sacra-
mental fast in the parish in which the factory or workshop



TIIH FACTORY ACT. 527

is situate, or some otlier day substituted for siu-li day as
aforesaid by the occupier specifying the same in the notice
affixed in tlie factory or -workshop :
(3.) The expression " sanitary authority " means the hical authority

under the Public Health (Scotland) Act, 18G7 :
(4.) The expression " medical officer of health " means the medical
officer under the Public Health (Scotland) Act, 1867, or
-where no such officer has been appointed, the medical oflicer
appointed by the parochial lioard :
The expression " poor law medical oilicer " means the medical
officer appointed by the parochial board :
(5.) The expression " Companies Clauses Consolidation Act, 1845,"
means the Companies Clauses Consolidation (Scotland) Act,
1845:
(6.) The expression " Summary Jurisdiction Acts " means the
Summary Procedure Act, 18(54, and any Acts amending
the same :
(7.) The expression "court of summary jurisdiction" means the

sheriff of the county or any of his substitutes :
(8.) Tlie expression " Education Department " means the Lords of
the Conmiittee of the Privy Counsel appointed by Her
Majesty on Education in Scotland :
(9.) The expression " county court " nutans the slierifl' court :
(10.) All matters required by this Act to l)e published in the London
Gazette shall (if they relate exclusively to Scotland), instead
of being published in the Lonthm Gazette, be published in
the Edinburgh Gazette only :
(11.) The expression " information " means petition or complaint :
(12.) The expression "informant" means petitioner, pursuer, or

complainer :
(13.) The expression " defendant " means defendant or respondent :
(14.) The expression " clerk of the peace " means sheriff clerk :
(15.) All offences under this Act shall be prosecuted and all penal-
ties under this Act shall be recovered under the provisions
of the Summary Jurisdiction Acts at the instance of the
procurator fiscal or of an inspector under this Act :
(16.) The court may make, and may also from time to time alter
or vary, summary orders under this Act on petition by
such procurator fiscal or inspector presented in eonnnon
form :
(17.) All lines under this Act in default of payment, and all orders
made under this Act failing compliance, may be enforced by
imprisonment for a term to be specified in the order or con-
viction, but not exceeding three months :
(18.) It shall be no objection to the competency of an inspector to
give evidence as a -witness in any prosecution for offences



528 Tiu: LAW OF mastku and sehvant.

iiudc'i- tliis Act, that sucli prosecution is ljrouL;ht at the
instance of i^uch inspectoi' :
(1!).) Every person convicted of an uifcnce vunlcr this Act shall be
lialilc in the reasonahle costs and chai'ges of such conviction :
{■20.) All penalties imposed and recovered under tliis Act shall be
paid to the clerk of the court, and by him accounted for and
])aid to the Queen's and Lord Treasurer's Eemembrancer, on
liehalf of H5r Majesty's Exche(|uer, and shall be carried to
the Consolidated Fund :
(21.) All jurisdictions, powers, and authoiities necessary for the
purposes of this section are conferred on the sheritl's and
their substitutes :
(22.) Any pel son may appeal from any order or conviction under this
Act to the Court of Justiciary, under and in terms of the
Act of the twentieth ye?ft" of the reign of His Majesty King'
George the Second, chapter forty-three, or under any enact-
ment amending that Act, or applying or incorporating its
provisions, or any of them, with regard to appeals, or to the
Court of Justiciary at Edinburgh under and in terms of the
Summary, Prosecutions Ap})eal (Scotland) Act, 1875.
10(). In the application of this Act to Ireland —

(1.) Tlie expression " certified efficient School" means any national
school, or any school recognised by the Lord Lieutenant and
Privy Council as aftbrding sufficient means of literary educa-
tion for the purposes of this Act :

(2.) In lieu of any two half-holidays alloM-ed under (he provisions
of sub-section (2) in section twenty -two of this Act, there
shall be allowed as a holiday to every child, young person,
and woman employed in a factory or workslio]) the whole of
the seventeenth day of March ; Provided, that when this
date falls on a Sunday, this sub-section shall have no eftect
as regards such date :

(:;.) The expression "sanitary authority" means an urban or rural
sanitary authority within the meaning of the Public Health
(Ireland) Act, 1874, and any Act amending the same :

(4.) The expression " medical ofiicer of health " means the medical
.sanitary officer of the sanitary district :
The expressi(m " poor law medical olficer '' means the dispensary
doctor :

(').) Any act authorised to be done or consent riMj^uirt'd to be given
bv the Education Department under this Act shall be done
and Liiven by the Lord Lieutenant or Lords Justices of
Ireland, acting by and with the advice of the Privy Council
in Ireland :

(6.) Tlie expression "county court" means the civil bill couit :

(7.) The expression "Summary Jurisdiction Acts" means, within



THE FACTORY ACT. 'y-'.)

tlie police distiict of Dublin metropolis, the Acts regulating
the ])()Wi'r.s and duties of Justices of the peace for such distiic.t,
or of the police of such district, and elsewhere in Ireland tlie
Petty Sessions (Ireland) Act, ISol, and any Act amending;
the same :

(8.) A court of summary jurisdiction when hearing and (U'teiniining
an information or comi)laint in any matter arising under this
Act shall be constituted within the police district of Dublin
metropolis of one of the divisional justices of that district
sitting at a police court within the district, and elsewhere of
a stipendiary magistrate sitting alone, or with others, or of
two or more justices of the peace sitting in petty sessions at
a place appointc^l for holding petty sessions :

(9.) Appeals from a court of summary jurisdiction shall lie in the
' manner and subject to fhe conjjitions and regulations pre-

scribed in the twenty-fourth section of the Petty Sessions
(Ireland) Act, 1851, and any Acts amending the same :

(10.) All fines imposed under this Act shall, save as is otherwise
expressly provided by this Act, be applied in the manner .
directed by the Fines Act (Ireland), .1851, and any Act
amending the same :

(11.) The ]n-ovisions of section nineteen of the Public Health Act
1866, or of any enactment substituted for that section, with
Inspect to any factory, workshop, or worki)lace not kejit in a
cleanly state, or not ventilated, or overcrowded, shall not
apply to any factory or Avorksho}) which is subject to the
provisions of this Act with respect to cleanliness, ventilation,
and overcrowding, but shall apply to every other factory,
workshop, and workplace :

It is hereby declared that the Sanitary Acts within the
meaning of the Public Health (Ireland) Act, 1874, shall
apply to buildings in which persons are employed, whatever
their number may be, in like manner as they apply to
buildings where more than twenty persons are employeil :

(12.) All matters reij^uired by this Act to be published in the
London Gazette shall, if they relate exclusively to Ireland,
instead of being published in the London (iazette, be pub-
lished in the Dublin Gazette only.

(4.) Repeal.

107. The Acts specified in the Sixth Schedule to this Act are hereby
repealed from and after the commencement of this Act to the extent in
the third column of that schedule mentioned :

Provided that —

(1.) All notices affixed in the factory in iiursuance of the Acts

K M



O')0 THE LAW f>F MASTKll AND SKinANT.

]ieivl)y repealed .shall, so far as they are in accordance with
the provisions of this Act, be deemed to have been affixed in
pursuance of this Act ; and
(2.) All inspectors, sub-inspectors, otlicevs, clerks, an<l servants
appointed in jiursuance of the Acts hereby repealed shall
continue in oftice and shall be subject to removal and have
the same powers and duties as if they had been appointed in
pursuance of this Act ; and
(3.) All certifying surgeons a]ipointed in pursuance of any Act
hereby rei)ealed shall be deemed to have been appointed in
pursuance of this Act ;■ and
(4.) All surgical certificates granted in pursuance of any Act hereby
re])ealed shall have eH'ect as certificates of fitness for employ-
ment granted in ])ursuance of this Act, and all registers ke])t
in ])uisuance of any Act hereby repealed shall, until other-
wise directed by a Secretary of State, be deemed to be the
registers required by this Act ; and
(5.) Any order made by a Secretary of State in pursuance of any
enactment hereby repealed for granting any permission or
relaxation to any factories or workshops may, if the Secre-
tary of State so direct, continue in force for a period not
exceeding three months after the commencement of this
Act ; and
(G.) The standard of i>roticiencv fixed by the Education Dei)art-
ment in ])ursuance of any enactment hereby repealed shall
be deemed to have been fixed in ])ursuance of this Act ; and
(7.) A child exempted by section eight of the Elementary Education
Act, 1870, from the provisions of section twelve of the
Factory Act, 1S74, by reason of his having attained the age
of eleven years before the first day of January, 1877, shall,
on attaining the age of thirteen years, be deemed to be a
young person within the meaning of this Act :
(8.) This repeal shall not affect —

(((.) Anything duly done or suffered under any enactment

hei'cby n^pealed ; or
(h.) Any obligation oi' liability iniuru'd under any enact-
ment hereby repealed ; or
((•,) Any ])enalty or punishment incurred in respect of any
olfence committed against an enactment liereby
repealed ; or
(r/.) Any legal ]irocceding or remedy in respect of any such
obligation, liability, penalty, or ]umishnu'nt as afore-
said, and any such legal ])roceeding and remedy may
be carried on as if this Act had not passeil.



THE FACTORY ACT. ."331

SCHEDULES.



FIRST SCHEDULE.

Special Provisions for Health.

Factories and JVorhhops in, vMch the Emi)loyment of Younr/ Persons and
Children is Restricted.

1. In a part of a factory or workshop in -which there is carried on —
the process of silverin^ of mirrors by tlie mercurial process ; or

the process of making,' wliite lead,
a young person or child shall not l)e employed.

2. In tlie part of a factory in which tlie process of melting or anneal-
ing glass is carried on a child or fi-male young person sliall not be
employed.

3. In a factory or workshop in which there is carried on —

(«.) the making or finishing of bricks or tiles not being ornamental

tiles ; or
{h.) the making or finishing of suit,
a girl under the age of sixteen years shall not be employed.

4. In a part of a factory or workshoj) in wliich there is carried on —
((7.) Any dry grinding in the metal trade, or

(h.) the dipjiiug of lucifer matches,
a child shall not be employed.

5. In any grinding in the metal trades other than dry grinding or in
fustian cutting a child nnder the age of eleven years sliall not be
employed.

SECOND SCHEDULE.

Special Restrictions.

Places forbidden for Meals.

The prohibition on a child, young jierson, or woman taking a meal or

remaining during the times allowed for meals in certain parts oi factorie.s

or workshops applies to the jiarts of factories and workshops following ;

that is to say,

(1.) In the case of glass works, to any part in which the materials are

mixed ; and
(2.) In the case of glass works where flint glass is made, to any part
in which the work of grinding, cutting, or pulishing is carried
on ; and
(3.) In the case of lucifer-match works, to any part in which any
manufacturing process or handicraft (except that of cutting the
wood) is usually carried on ; and
(4.) In the case of earthenware works, to any part known or used as
dippers' house, dippers' drying room, or china scouring room.

M ii 2



532 THE LAW OF MASTER AND SKHVANT.

THIRD SCHEDULE.

Spkcial Exckptioxs.

Part I.

Period of EiDjihujnienf.

The exception respcMting the eiuployiiu-ut of children, yonng persons,
nnd women between the hours of eiglit in tlie morning and eight in the
I'vening, and on Saturday between the liours of eight in the morning
and four in the afternoon or between the hours of seven in the morning
and three in the afternoon, applies to any factory or workshop or part
thereof in which any of the following manufacturing processes or
handicrafts are carried on ; that is to say,

(fit.) Lithographic printing :

(b.) Turkey red dyeing :

(c.) The making of any article of wearing apparel :

((/.) The making of furniture hangings :

(e.) Artificial Hower making :

(/.) Bon-]jon and CJhristmas present making :

((J.) Valentine making :

(/^.) Fancy box making :

(i.) Envelope making :

(k.) Almanack making :

(/.) Playing card making :

(m.) Machine ruling :

(n.) Biscuit making :

(o.) Firewood cutting :

(p.) Job dyeing : or

(q.) Aerated water making ; and also to

(r.) Book1)inding works :

(s.) Letter-press printing works : and

(t.) A part of a factory or workshop which is a warehouse not used
for any manufacturing process or handicraft, and in which
persons are solely employed in polishing, cleaning, wrapping, or
packing up goods.

Part IL

Meal Hours.

The case in wliicli tlie provisions of this Act as to meal times being
allowed at the same hour of the day are not to apply are —

(1.) The case of children, young ])ersons, and women employed in the
following factories ; that is to say,
Blast furnaces.



TIIK FACTORY ACT. 533

Iioii mills,
Paper mills,
Glass works, and
Letter-press jjriiitiug works ;
(2.) The case of male young persons employed in that part of any
print works or bleaching or dyeing works in whicli tlie process
of dyeing or open-air bleaching is carried on.
The cases in Avhich and the extent to which the iiruvisions of this
Act as to a child, young person, or woman during the times allowed for
meals being employed or being allowed to remain in a room in which a
manufacturing process or handicraft is being carried on, are not to
a])ply are,—

(1.) The case of children, young persons, and women employed in the
following factories ; that is to say,
Iron mills.
Paper mills,

Glass works (save as otherwise provided by this Act), and
Letter-press printing works ; and
(2.) The case of a male young person employed in that part of any
print works or bleaching and dyeing works in which the process
of dyeing or open-air bleaching is carried on, to this extent,
that the said provisions shall not i)revent him, during the times
allowed for meals to any other young person or to any child or
woman, from being employed or being allowed to remain in
any room in Avliich any manufacturmg process is carried on,
and shall not prevent, during the times allowed for meals to
such male young person, any other young person or any child
or woman from being employed in the factory or allowed to
remain in any room in which any manufacturing process is
carried on.



Part IIL

Overtime.

The exception with respect to the employment of young persons and
women for forty-eight days in any twelve months during a period of
employment beginning at six or seven o'clock in the morning and ending
at eight or nine o'clock in the evening, or beginning at eight o'clock in
the morning and ending at ten o'clock in the evening, applies to each of
the factories and workshops, and parts thereof, following ; that is to

say,

(1.) Where the material which is the subject of the manufacturing

process or handicraft is liable to be spoiled by weather ;

namely,

{(I.) Flax scutch mills ; and



534 TIIK LAW OF JIASTEK AND SKKVANT.

(6.) A factory or \vorksho]i ov jiait tlien-of in ■which is
carried on the making or iiiiishing uf bricks or tiles
not being ornamental tiles ; and
(c.) The part of rope works in which is carried on the

open-air process ; and
{(I.) The part of bleaching and <lyeing works in which is
carried on open-air bleaching or Tiu'key red dyeing ;
and
(e.) A factory or workshop or part thereof in which is
carried on glue making ; and
(2.) Where press of work arises at certain recurring seasons of the
year; namely,

(/.) Letter-press printing works ;
(g.) Bookbinding works ; and
a factory, workshop, or part thereof in w'hicli is carried on
the manufacturing process or handicraft of —
(h.) Lithographic printing ; or
(i.) Machine ruling; or
(A-.) Firewood cutting ; or

(I.) Bon-ljon and Christmas present making ; or
(m.) Almanack making ; or
(«.) Valentine making ; or
(o.) Envelope making ; or
(p.) Aerated water making ; or
{q.) Playing card making ; and
(3.) Where the business is liable to a sudden press of orders arising
from unforeseen events ; namely,

a factory or workshop, or part thereof, in which is carried
on the manufacturing process or handicraft of —

(r.) The making up of any article of wearing apparel ; or
(.S-.) The marking ujj of furniture hangings ; or
(t.) Artificial flower making ; or
(m.) Fancy box making ; or
(u) Biscuit making ; or
(w.) Job dyeing ; and also,

(x.) A part of a factory or workshop which is a warehouse
not used for any manufacturing ])rocess or handi-
craft, and in whicli persons are solely employed
in polishing, cleaning, Mrapjiing, or packing up
goods.
Provided that the said excei^tion shall not apjjly —
(a.) Where persons are employed at liome, that is to say, to a
l)rivate house, room, or place which, though used as a
dwelling, is by reason of the work canied on there a factory
or worksho}) within the meaning of tJiis Act, and in which
neither steam, water, nor otlier mechanical prwcr is used,



THE lA(T(ii;V ACT.



and ill wliicli tlu- only persons eiiiployeil arc nicniber.s ol" tlic
Willie family dwelling there ; or
(b.) To a wurksliop or part thereof wliicli is conducted on tlm
system of not employing any cliildor young person therein.



Part IV.

Additional Half Hour.

The exception with respect to the einploynient of a child, young
person, or woman for a further period of thirty minutes where tlie
process is in an incomplete state applies to the factories foHowing ; (that
is to say,)

(((.) Bleaching and dyeing works ;

(6.) Print works ;

(c.) Iron mills in which male young persons are not employed

during any part of the nij^ht ;
{<!.) Foundries in which male young persons are not emjiloved

during any part of the night ; and
(f.) Palter mills in which male young [persons are not employeil
during any part of the night.



Part V.

Overtime for Perisliahle Article.^.

The exception with resj)ect to the employment of women for ninety-
six days in any twelvemonths during a period of employment beginniiiL;
at six or seven o'clock in the morning and ending at eight or nine
o'clock in the evening applies to a factory or workshop or jiart
thereof in which any of the following processes is carried on ; nameh',

The process of making preserves from fruit,

The process of preserving or curing tish, or

The process of making condensed milk.



Part VI.

yiijht Work.

The exceptif)n with respect to the employment of male young pei'sons
«luring the night applies to the factories following ; (that is to say,)
(rt.) Blast furnact'S,
(6.) Iron mills,

(c.) Letter-press printing works, and
((?.) Paper mills.



336 THE LAM' OF MASTER AND SERVANT.

Part YII.

Spdl.

The exce])tion respeitin.i,' the coiitiimoiis employment m certain textile
factories cUning the winter months of children, young persons, and
Avomen without an interval of at least half an lunir for a meal for the
.same period as in a ni)n-textile factory, applies to textile factories solely
used for —

(((.) The making of elastic wah ; or

(6.) The making of ribhon ; or

(c.) The making of trimming.



FOURTH SCHEDULE.

List of Factories and "Workshops.

Part I.

Non-Textile Factories.

(1.) " Print works," that is to say, any premises in whirh any persons
are employed to print figures, patterns, or designs upon any cotton, lineu,
woollen, worsted, or silken yarn, or upon any woven or felted fabric not
being paper ; ,

(2.) " Bleaching and dyeing works," that is to say, any premises in



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 56 of 77)