John Macdonell.

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

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which the processes of bleaching, beetling, <lyeing, calendering, tinish-
ing, hooking, lapping, and making up and packing any yarn or cloth oi
any material, or the dressing or finishing of lace, or any one or more of
such processes, or any process incidental thereto, are or is carried on :

(3.) " Earthenware works," that is to say, anyplace in which per.sons
work for liire in making or assisting in making, finishing, or assisting in
iinishing, earthenware of any descrii)tion, except bricks and tiles not
being ornamental tiles :

(4.) " Lucifer-match works," that is to say, anyplace in which persons
work for liire in making lucifer matches, or in mixing the chemical
materials for making them, or in any process incidental to making
lucifer matches, except the cutting of the wood ;

(5.) " Percussion-cap works," that is to say, any jilace in which persons
work for hire in making percussion cajis, or in mixing or storing the
chemical materials for nuiking them, or in any ]>rocess incidental ti.
making percussion ca])s ;

(().) " Cartridge works," that is to say, any place in which persons
work for hire in making cartridges, or in any process incidental to
making cartridges, except the manufacture of the pajjcr or other material
that is used in making the cases of the cartridges ;

(7.) "Paper-staining works," that is to say, any i>lace in wliicli



THE FACTORY ACT. 5'J7

persons work fur hire in ])riiiliii,L,' ii juitti'ru in colours upon sheets of
paper, either l)y blocks appliiMl by hand, or l>y rollers worked by steam,
water, or other mi-chanieal power ;

(8.) "Fustiiin-cuttin;,^ works," that is to say, any place in whicli
persons work for hire in fustian-cutting ;

(9.) " Blast furnaces," that is to say, any blast furnace or other furnace
or premises in or on which the process of smelting or otherwise obtain-
ing any nuital from the lavs is carried on ;

(10.) " Copper mills " ;

(11.) " Iron mills," that is to say, any mill, forge or other premises in
or on which any process is carried on for converting iron into malleable
iron, steel, or tin plate, or for otherwise making or converting steel ;

(12.) "Foundries," that is to say, iron foundries, copper foundries,
brass foundries, and other premises or places in which the process of
founding or casting any metal is carried on ; e.xcept any premises or
places in which such process is carried on by not more than live persons
and as subsidiary to the re])air or completion of some other work ;

(13.) " Metal and india-rubber works," that is to say, any premises in
wliich steam, water, or other mechanical power is used for moving
machinery employed in the' manufacture of machinery, or in the manu-
facture of any article of metal not being machinery, or in the manufacture
of india-rubl)er or gutta-percha, or of articles made wholly or partially
of india-rubbej' or gutta-]iercha ;

(14.) "Paper mills" (/(), that is to say, any premises in which the
manufacture of pajier is carried on ;

(15.) "Glass works," that is to say, any premises in wliich the manu-
facture of glass is carried on ;

(16.) "Tobacco factories," that is to say, any premises in which the
manufacture of tobacco is carried on ;

(17.) " Letter-press printing works," that is to say, any premises in
which the process of letter-press printing is carried on ;

(18.) " Bookbinding works," that is to say, any premises in wliich the
])rocess of bookbinding is carried on ;

(19.) Fla.v scutch mills.

Part II.

Non-Textile Factories and Workshops.

(20.) " Hat works," that is to say, any premises in which the manufac-
ture of hats or any process incidental to their manufacture is carried on ;

(21.) " Eope works," tliat is to say, any premises being a ropery, rope-
walk, or rope work, in whicli is carried on the laying or twisting or other
process of preparing or finishing the lines, twines, cords, or ropes, and in

(A) Colcji y. Dickinson. See note (c).



538 THE LAW OF MASTER AND SEHVANT.

wliicli machinery luovetl by ^^teaiu, water, or other niL'ilianical power is
not used for drawing' or siiinniiiL; the fibres oi" ilax, heniji, jute, or tow,
aiv.l which has no internal conmiunication witli any biiiklings or pre-
mises joinini; or forming ])art of a textile factory, except such conmiuni-
cation as is necessary for the transmission of jjower ;

(22.) *' Bakehouses,"' that is to say, any places in wliich are Ijaked
liread, biscuits, or confectionery from the baking or selling of which a
jjiofit is derived ;

(23.) " Lace warehouses," that is to say, any premises, room, or place
not included in bleaching and dyeing works as hereinbefore defined, in
which persons are employed upon any manufacturing process or handi-
craft in relation to lace, subsecpient to tlie making of lace upon a lace
machine moved by steam, water, or other mechanical power ;

(24.) "Shipbuilding yards " (A, that is to say, any jiremiscs in which
any ships, boats, or vessels used in navigation are made, finished, or
repaired ;

(25.) " Quarries," that is to say, any place, not being a nune, in which
persons work in getting slate, stone, coprolites, or other minerals ;

(26.) " Pit-banks," that is to say, any place above ground adjacent to
a shaft of a mine, in which place the em]doyment of women is not regu-
lated by the Coal Mines Eegulation Act, 1872, or the Metalliferous
Mines Regulation Act, 1872, Avhether such place does or does not form
part of the mine within the meaning of those Acts.



FIFTH SCHEDULE.

Spkcial Exemptions.

Straw plaiting.
Pillow-lace making.
Glove making.

(i) Palmers Shiji-hiiU'lin'j Co. v. C7/'////r/r (18()9), b. 1!. 4 (^ B. 209.



THE FACTORY ACT.

SIXTH SCHEDULE.



biil)



ACTS REPEALED.



Session and Chapter.



42 Geo. 3, c. 73 . .

3&4 Will. 4, c. 103

7 & 8 Vict. c. 15 .
9 & 10 Vict. c. 40 .

13 & 14 Vict. c. 54.
16 & 17 Vict. c. 104



19 & 20 Vict. c. 38 .
24 & 25 Vict. c. 117



26 & 27 Vict. c. 40 .

27 & 28 Vict. c. 48 .
29 k 30 Vict. c. 90 .



30 & 31 Vict. c. 103
30 k 31 Vict. c. 146

33 & 34 Vict, c, 62 .

34 & 35 Vict. c. 19 .



Title of Act.



Extent of Repeal.



An Act for the preservation of;
the health anil morals of ap-
prentices and others eniploj'ed
in cotton and other mills and
cotton and other factories.

An Act to regulate the labour of
children and young persons in
the mills and factoiies of the
United Kingdom.

An Act to amend the laws relat-
ing to labour in factories.

An Act to declaie certain rope-
works not within the operation
of the Factory Acts.

An Act to amend the Acts relat-
ing to labour in lactones.

An Act further to regulate the
employment of children in fac-
tories.

The Factory Act, 1856.

An Act to place the employment
of women, young persons,
youths, and children in lace
factories under the regulations
of the Factories Acts.

The Bakehouse Eegidation Act,
1S6.3.

The Factory Acts Extension Act,
1864.

The Sanitary Act, 1866.



The Factory Acts Extension Act,
1867.

The AVorkshop Eegulation Act,
1867.

The Factory and "Workshop Act,
1870.

An Act for exempting persons
professing the Jewish religion
from penalties in respect of
young persons and females
professing the said religion
working on Sundays.



The whole Act.

The whole Act.

The whole Act.
The whole Act.

The whole Act.
The whole Act,



The whole Act.
The whole Act.



The whole Act.
The whole Act.

The following words
(so far as unre-
pealed) in section
nineteen, " not al-
icady under the
operation of any
general Act for
the regidation of
factories or bake-
houses."

The whole Act.

The whole Act.
The whole Act.
The whole Act.



540



THE LAW OF l\rASTER AND SERVANT.



fc^cssioii and t'liaiiU'r.



Title of Act.



34 k 35 Vict. c. 104 Tlic Factory and "Workshop Act,
' 1871.

37 & 38 Vict. c. 44 . The Factory Act, 1874.

38 & 39 Vict. c. 55. The ruUic* Health Act, 1875.



39 & 40 Vict. c. 79



The Ehnueutary Education Act,

I 1876.



Extent of Repeal.



The whole Act.

The whole Act.

The following words
in section four,
" ni ore than
twenty," and the
words " at one
time," and the fol-
lowing words in
section ninety-one,
"not already under
the operation of
any general Act
for the regulation
of factories or
hakehouses. "

Section eight and the
following words in
section forty-eight,
'•the Factory Acts,
1833 to 1874, as
amended by this
Act, and includes
the Workshop
Acts, 1867 to 1871,
as amended by
this Act, and ".



CHAPTER X.

EDUCATION OF CHILDREN IN EMPLOYMENT.

In the Coal Mines Regulation Act, 1872 (ss. 8 — 10), and in
the Factory and Workshop Act, 1878 (ss. 23 — 20), are sections
dealing with the education of children. Appended are the
chief sections of the Elementary Education Act, 1870 (33 &
34 Vict. c. 75), and the amending Acts relative to the
education of children in employment. Some of these Acts
are, apparently, not consistent; and in Bury v. Cherryholme,
L. R. 1 Ex. D. 457, the question arose which of the Acts
was to be followed. In that case the facts were these : — the
respondent's child was employed in a workshop at Barnsley,
and attended a school pursuant to the provisions of the
Workshop Regulation Act, 1867, s. 14, which enacted that
every child " employed in a workshop shall attend school for
at least ten hours in every week." The School Board of
Barnsley made bj^e-laws, by which all children were required
to attend school, " the whole time that the school shall be
open for the instruction of children of the same sex, age, and
class." The Exchequer Division held that the two statutes
could be read together. " The result is that the School Board
may determine the time during which a child employed
in a workshop shall attend school, provided the tim.e fixed
on is not less than ten hours a-week ; but a bye-law that a
child should attend school during only nine hours in the
week would be void, as being against the provisions of the
Workshop Act of 18G7," Bramwell, B. The case was not argued
for the respondent ; and the decision is not in harmony Avith
the subsequent case of McUor v. Dcnhc.m, L, R. 4 Q. B.



542 TllK LAW OF MASTER AND SERVANT.

D. 241 , decided in 1879. An intbrniation had been laid against
tlie father of a boy between ten and eleven years old for
neglecting to cause him to attend school as required by the
bye-laws of the School Board for Oldham. The boy was
employed in a cotton factory at Oklham, and was attending
an efficient elementary school, pursuant to the Factory Acts.
The Court relied upon the 74th section of the Elementary
Education Act, 1870, which enacts that no bye-law made by
a school board " shall be contrary to anything contained in
any Act for regulating the education of children employed
in labour." The Court decided, " 1st, the school board are
not entitled to enforce their bye-laws against children be-
tween the ages of ten and thirteen years, v/ho, although not
obeying such bye-laws, are attending efficient elementary
schools, pursuant to and otherwise fulfilling and observing
the conditions of the Factory Acts ; 2nd, the Elementary
Education Acts do not control the provisions of the Factory
Acts, regulating the education of children employed in ac-
cordance with those Acts " {c).



?>:; & 34 A'ICT. c. 75 (1<S70).

An Act to provide for Public Elemeiitanj Educution in EmjUuid and

Wales.

Attendance at ScJwol.

74. Every school lioaid may from time to time, witli the approval of
tlie education department, make bye-hxws for all or any of the following
purposes : —

(1.) Keijuiring the jKirents of children of such age, not less tlian
five years, nor nnjre than thirteen years, as may be fixed hy
the bye-laws, to cause such children (unless there is some
reasonable excuse) to attend school : (h)
(2.) Determining the time during wliich children are so to attend
scIkjoI ; i)rovided that no such Ijye-law shall jjrevent the
witlulrawal of any child from any religious observance or
instruction in religious sulijccts, or sliall re(piire any child to

{a) See, however, 43 k 44 Viet. c. JIancc v. Burnett, 45 .1. P. 54, cited

23, s. 4. ill (Hen's EU'iiR'iitary luhicatiou Acts,

(I)) Helper School Committee v. p. 75.
7.'ai^//(1882), L. 11. 9 g. B. D. 239 ;



EDUCATION OF CHILDIIKN IX EMTLOYMKNT. 543

attend scliool ou any ilay oxcUisively .«ot apart foi' ieli;,'i<)U.s
observance l)y the reli;,n()us Ixxly to which hi.s parent behmgs,
or shall be contrary to anything' contaiiu-d in any Act for
regulating the education of children i-niployed in labour :
(3.) rro\-iding for the remission or payment of the whole or any
part of the fees of any child where the parent satisfies the
scliDol board that he is niiaVde froin poverty to pay the
same :
(4.) Imijosing penalties for tlie breach of any bye-laws :
(j.) Eevoking or altering any bye-law ]>reviously made. Provided
that any bye-law under this section re([uiring a child between
ten and thirteen years of age to attend school shall provide
for the total or partial exemption of such child from the
obligation to attend school if one of Her Majesty's inspectors
certifies that sirch child has reached a standard of education
specified in snch bye-law.
Any of the following reasons shall be a reasonable excuse ; namely,
(1.) That the child is under efficient instruction in some other

manner :
(2.) That the child has been prevented fmm attending school by

sickness or any imavoidable cause :
(3.) That there is no public elementary school open which the child
can attend within such distance, not exceeding three miles
measured according to the nearest road from the residence of
such child, as the bye-laws may prescribe.
The school board, not less than one month before submitting any
bye-law under this section for the approval of the education department,
shall deposit a printed copy of the proposed bye-laws at tlieir office for
insjiection by any ratepayer, and supply a ])rinted copy thereof gratis to
any ratejjayer, and shall publish a notice of such deposit.

The education department before approving of any bye-laws shall be
satisfied that such deposit has l)een made and notice published, and
shall cause such inquiry to be made in the school district as tliey tliink
requisite.

Any proceeding to enforce any bye-law may be taken, and any penalty
for the breach of any bye-law may be recovered, in a summary manner ;
but no penalty imposed for the breach of any Ijye-law shall exceed such
amount as with the costs, will amount to five shillings for each offence,
and such bye-laws shall not come into operation until they have been
sanctioned by her Majesty in coirncil.

It shall l)e lawful for her ]\Iajesty, by order in council, to sanction
the said bye-laws, and thereupon the same shall have effect asif they Avere
enacted in this Act.

All bye-laws sanctioned by her Majesty in council under this section
shall be set out in an appendix to the annual report of the education
department.



544 THK LAW OF MASTER AND SERVAKT.

Khtncniiirii Kdiirdttvii Art, 1873.

;](; ct 37 VICT. c. 80.

Sect. 24, sub-sect. 4. Any justice may reijuire by summons any
parent or em])]()yer oi a cliikl, re([uired by a bye-law to attend school, to
produce the child before a court of summary jurisdiction, and any person
failing, without reasonable excuse to the satisfaction of the Court, to
conqdy with such summons shall be liable to a penalty not e.xceeding
twenty shillings.



no & 40 VICT. c. 79 (187G).
PART I.

Law as to Emjiloijiacnt and EdncaticDi af Children.

4. It shall be the duty of the jiarent of evei'y child to cause such child
to receive efficient elementary instruction in reading, writing, and
arithmetic, and if such parent fail to perform such duty, he shaU. be
liable to such orders and penalties as are provided by this Act.

5. A person shall not, after the commencement of this Act, take into
his employment (except as hereinafter in this Act mentioned) any
child—

(1.) Who is nnder the age of ten years ; or,

(2.) Who, being of the age of ten years or upwards, has not obtaineil
.such certificate either of his proficiency in reading, writing,
and elementary arithmetic, or of previoxis due attendance at
a certified efiicient scho(d, as is in this Act in that behalf
mentioned, unless such child, being of the age of ten years or
upwards, is employed, and is attending school in accordance
with the ])rovisions of the Factory Acts, or of any bye-law of
the local authority (hereinafter mentioned) made imder
section seventy-four of " The Elementary Education Act,
1870," as amended by " The Elementary Education Act,
1873," and this Act, and sanctioned by the education department.

6. Every person who takes a child into his employment in contra-
vention of this Act shall be liable, on summary con\dction, to a penalty
not exceeding forty shillings.

7. The ]irovisions of this Act respecting the employment of children
shall be enforced —

(1.) In a school district witliiii tlie jnriMliclion of a scliool board

by that board ; and
(2.) In every other school district by a committee (in tlii< Act referred

toas a school atti-ndance coiumitlee) ajipoiuted annually, if it



EDUCATION OF CHILDREN TN EMPLOYMENT. 545

is a borou^'h, Ly the council of tlie liorough, and if it is
a Ijarish, by the guardians of the union comprising such
parish.

A school attendance committee under this section maj'' consist of not less
than six nor more than twelve members of the council or guardians
appointing tlie coumiittee, so, liowever, that, in the case of a committee
appointed by guardians, one-third at least shall consist of ex officio
guardians, if there are any, and sufficient ex officio guardians. Every
such school board and school attendance committee (in this Act referred
to as the local authority) shall, as soon as may be, publish the provisions
of this Act within their jurisdiction in such a manner as they think best
calculated for making those provisions known.

Provided that it shall be the duty of the inspectors and sub-inspectors
acting under the Acts regulating factories, workshops, and mines
resjjeotively, and not of the local authority, to enforce the observance by
the employers of children in such factories, workshops, and mines, of
the provisions of this Act respecting the employment of children ; but
it shall be the duty of the local authority to assist the said inspector
and sub-ins2iectors in the performance of their dutj^ by information and
otherwise.

It shall be the duty of such local authority to report to the educatio n
department any infraction of the provisions of section seven of "The
Elementary Education Act, 1870," in any public elementary scliool
within their district which may come to their knowledge, and also to
forward to the education department any complaint which they nuiy
receive of the infraction of those provisions.

8. [Refers to sections [in Workshop or Factory Acts, repealed by
"Factory and Workshop Act, 1878," sect. 107] (c).

9. A person shall not be deemed to have taken any child into his
employment contrary to the provisions of this Act, if it is i^roved to the
satisfaction of the court having cognizance of the case either —

(1.) That during the employment there is not Avithin two miles,
measured according to the nearest road, from the residence
of such chiLl any public elementary school open Avliich tlie
child can attend ; or

(2.) Tliat such employment, by reason of being during the school
holidays, or during the hours during which the school is not
open, or otherwise, does not interfere witli the efficient
elementary instruction of such child, and that the child
obtains such instruction bj^ regular attendance for full time
at a certified ethcient school or in some other equally efficient
manner ; or

(c) Saundn-s v. Cmvford (1882), L. for not educating childron between the

R. 9 Q. F). D. 613. (In conscquoiice ngc of thirteu and fourteen not having

of repeal of Acts referred to in this full time employment.)
section, no power to punish parents

K N



546 THE LAW OF MASTER AND SERVANT.

(3.) Tlmt the eiuployuu-ut is cxeiupteJ l)y the notice of thi;
local authority hereinafter next mentioned ; (that is to

say),

The local authority may, if it thinks fit, issue a notic».
exempting irom the prohibitions antl restrictions of this Act
the employment of cliihlren above the age of eight years, for
the necessary operations of liusbandry and the ingathering
of crops, for the period to be named in such notice,
provided that the period or jieriods so named by any such
local authority shall not exceed in the M-hole six weeks
between the first day of January and the 31st day of
December in any year.

The local authority shall cause a copy of every notice so
issued to be sent to the education department and to the
overseers of every parish within its jurisdiction, and the
overseers shall cause such notice to be fixed to the door of
all churches and chapels in the parish, and the local authority
may further a<lvertise any such notice in such manner (if
any) as it may think fit.
39. Where the offence of taking a child into employment in contra-
vention of this Act is in fact committed by an agent or workman of the
employer, such agent or workman shall be liable to a penalty as if he
were the employer.

"Where a child is taken into the emplo^nnent in conti'avention of this
Act on the production by or with the privity of the parent of a false or
forged certificate, or on the false representation of his parent that the
child is of an age at which such em])loyment is not in contravention of
this Act, that parent shall be liable to a j^enalty not exceeding forty
shillings.

"Where an employer charged with taking a child into his employment
in contravention of this Act proves that he has used due diligence to
enforce the observance of this Act, and either that some agent or
workman of his employed the child ■\vithoiit his knowledge or consent,
or that the child was em])loyed either on the production of a forged or
false certificate and under the belief in good faith in the genuineness
and truth of such certificate, or on the representation by his parent that
th(! child was of an age at which his employment would not be in
contravention of this Act and under the belief in good faith in such
representation, the employer shall be exempt from any ])enalty.

Where an emphiyer satisfies the local authority, inspector, or other
person about to institute a prosecution, that lie, is exempt under tliis
section by reason of some agent, workman, or parent being guilty, and
gives all facilities in his jiower for proceeding against and convicting
such agent, wcjrkman, or j)arent, such authority, inspector, or jierson
shall institute proceedings against such agent, Avorknian, or paieiit, and
not against the employer.



EDUCATION OF CIIILDllEN IN EMPLOYMENT. 547

47. A parent of a child who eiujdoys such cliiM in any luLoiir
exercised by way of trade or for the purposes of j^^ain shall l>e deemed
for the purposes of this Act to take such child into his eiuployiuent.



Elementary Education Act, 1880.
43 & 44 VICT. C. 23.

4. Every person who takes into his employment a child of the age of
ten and under the age of thirteen years, resident in a school district,
hefore that child has obtained a certificate of having reached the standard
of education fixed Ijy a bye-law in force in the district for the total or
partial exemption of children of the like age from the obligation to
attend school, shall be deemed to take such child into his employment
in contravention of the Elementary Education Act of 1876, and shall be
liable to a penalty accordingly.

Proceedings may, in the tliscretion of the local authority or person
instituting the same, be taken for piinishing the contravention of a bye-
law, notwithstanding that the act or neglect or default alleged as such
contravention constitutes habitual neglect to provide efficient elementary
education for a child within the meaning of section eleven of the
Elementary Education Act, 1876 {d) : Provided that nothing in this section
shall prevent an employer from employing any child who is employed by
him or by any other person at the time of the passing of this Act, and
who attends school in accordance with the provisions of the Factory and
Workshop Act, 1878.

(d) That is, rliililrpii habitually See, however, Saunders v. Crairfordy
eglected by parents, habitually wan- note (c).
dcriucj, or consorting ^vith criminals.



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