LIST OF BOOKS AND FORMS 
 
 SI 
 Re 
 
 REQUIRED UNDER 
 
 No. 
 I 
 
 2 
 
 2fl 
 
 3 
 
 391, 
 
 :e IS. 
 
 s. d- 
 
 o 3 
 
 o 3 
 
 o 3 
 
 o 3 
 
 o 3 
 
 o 3 
 
 o 3 
 
 c 3 
 
 o I 
 
 O I 
 
 o ] 
 
 gb Period of Employment, 8 a.m. — 8 p.m. — 
 Special Exception — Print Works, Bleach 
 Works, and Dye Works o i 
 
 SHAW & SONS, Printers and Publishers, 
 
List of Books and Forms — contd. 
 
 No. 
 
 gc Period of Employment, 9 a.m. — 9 p.m. — 
 Special Exception — Fish Curing 
 
 9^ Period of Employment, 9 a.m. — 9 p.m. — 
 Special Exception — Retail Drapers, 
 Manchester and Shalford, and to Book- 
 binding Factories in Metropolis 
 
 10 Lace Factories, overtime. Males above 16 ... 
 
 11 Bakehouses, Special period of employment 
 
 for males above 16 
 
 12 Record of Overtime ... 
 
 13 Substitution of another day for Saturday 
 
 14 Overtime — To 4.30 p.m. on Saturdays — 
 
 Turkey Red Dyeing 
 
 15 Fire Hour's Spell in certain textile factories 
 
 16 Different Holidays to different sets ... 
 
 17 Jew Occupier — Overtime — Holidays 
 
 18 Jew Occupier and Workpeople — Sunday 
 
 Employment ... ••• 
 
 19 Different Meal Hours to different sets 
 
 20 Employment, &c., during Meal Hours 
 
 21 Overtime. — Additional 2 hours 
 
 22 Do. 30 minutes — Incomplete process 
 
 23 Do. for prevention of damage 
 
 24 Do. Additional 2 hours — Perishable 
 
 articles 
 
 25 Water Mills — Lost time - 
 
 26 Night Work — Male young persons ... 
 
 27 Do. Printing newspapers ... 
 
 28 Glass Works — Male young persons — Accus- 
 
 tomed hours 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Fetter Lane and Crane Court, London, E.C. 
 
 [List continued at end of Book. 
 
ifo <SuUxu '^t% 
 
 BY THE LATE 
 
 ALEXANDER EEDGRAVE, C.B„ 
 
 Her Majesty's Chief Inspector of Factories, ^c. 
 
 Sfjtb Ebition. 
 IliSrOLUDIIirG THE ACT OF 189.5, 
 
 BY 
 
 JASPER A. REDGRAVE, 
 
 07{>e of Her Majesty's Inspectors of Factories^ 
 
 AND 
 
 H. S. SCRIVENER, M.A., Oxon., 
 
 Of the Middle Temple, Barrister'Ot-Law. 
 
 LONDON : 
 
 SHAW AND SONS, FETTER LANE AND CRANE COURT, KG. 
 
 BUTTERWORTH AND Co., 7, FLEET STREET, E.C. 
 
 1895. 
 

 LONDON : PRINTED BY SHAW AND SONS, FETTER LANE AND ©RANK COURT, E.G. 
 
f s 
 
 DE'DICATION OF THE 
 
 Jfix^X lEtritian, 
 
 TO THE RIGHT HONOURABLE 
 
 RICHARD ASSHETON CROSS, M.R, 
 
 Smtimxi iff iJtatfi for th« ^cmi department, 
 
 THIS EDITION OF THE ACT 
 
 WHICH CONSOLIDATES THE NUMEROUS AND VARYING REGULATIONS 
 
 HITHERTO IN FORCE, 
 
 AND WHICH, UNDER HIS GUIDANCE, 
 
 HAS LAID DOWN A COMPLETE CODE FOR REGULATING LABOUR, 
 
 AND PROMOTING SANITARY IMPROVEMENT 
 
 AND EFFICIENT EDUCATION, 
 
 IS, WITH HIS PERMISSION, MOST RESPECTFULLY INSCRIBED 
 
 BY HIS OBEDIENT SERVANT, 
 
 ALEX. REDGRAVE. 
 
 Whitehall, 1878. 
 
 ivi 9356 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/factoryactsOOredgrich 
 
PREFACE TO THE SIXTH EDITION. 
 
 A FURTHER Edition of this Work, which was 
 -^-^ originally compiled by the late Alexander 
 Redgrave, Esq., C.B., Her Majesty's Chief Inspector 
 of Factories, has been necessitated by the changes in 
 the law relating to Factories and Workshops effected 
 by the Factory and Workshop Act, 1895, and several 
 other enactments which have come into operation since 
 the publication of the last Edition. In view of the 
 somewhat intricate nature of these changes, and of the 
 fact that the law relating to the subject is comprised in 
 five Acts, three of which are of a considerable length, 
 it has been considered advisable to abandon the method 
 adopted in the last Edition of interpolating the pro- 
 visions of the later Acts among the matter of the 
 principal Act to which they refer, and to print each 
 Act separately and in its entirety with full references, 
 wherever necessary, to the kindred provisions of the 
 other Acts. In other respects the new Edition of the 
 book has been compiled upon the lines laid down by its 
 original author, and the leading characteristics of the 
 work have been preserved. Considerable additions and 
 alterations have, of necessity, been made to the notes, 
 &c., and matter that is now obsolete has been eliminated, 
 
vi Preface to the Sixth Edition, 
 
 but there is also much of permanent value (including 
 
 the groundwork of the introduction), which has been 
 
 carefully retained. 
 
 This Edition contains the following Acts in full : — 
 
 Factory and Workshop Act, 1878 
 Factory and Workshop Act, 1883 
 Factory and Workshop Act, 1891 
 Factory and Workshop Act, 1895 
 Cotton Cloth Factories Act, 1889 
 Shop Hours Act, 1892 ; 
 Shop Hours Act, 1893 ; 
 Shop Hours Act, 1895 ; 
 Quarries Act, 1894 ; 
 
 And such portions of the following Acts, for the 
 
 administration of which the Inspectors of Factories are 
 
 invested with certain powers, as are material : — 
 
 Truck Act, 1831 ; 
 
 Truck Amendment Act, 1887 ; 
 
 Elementary Education Act, 1876 ; 
 
 Elementary Education Act, 1880 ; 
 
 Education (Scotland) Act, 1883 ; 
 
 Public Health Act, 1875 ; 
 
 Public Health Act, 1890 ; 
 
 Public Health (London) Act, 1891 ; 
 
 Prevention of Cruelty to Children Act, 1894. 
 
 Such portions of any of the above Acts as have been 
 
 repealed are printed in italics and enclosed in square 
 
 brackets ; and special notes are attached to such parts 
 
 as were temporary or are now obsolete. 
 
 JASPER A. REDGRAVE. 
 
 H. S. SCRIVENER. 
 
 1, MrrRE Court Buildings, Temple, E.C, 
 October, 1895. 
 
THE FACTOKY AND WOEKSHOP ACTS, 
 
 1878—1895. 
 
 INTRODUCTION.(a) 
 
 THE first Act which was passed to regulate labour 
 in factories was the " Act for the preservation of 
 the Health and Morals of Apprentices and others 
 employed in Cotton and other Mills, and Cotton and 
 other Factories " (42 Geo. 3, c. 73) ; and the last Act 
 previous to the Act of 1878 followed upon the lines 
 of the first Act ; it was intituled '^ An Act to make 
 hotter provision for improving the Health of Women, 
 Young Persons, and Children employed in Manufac- 
 tories, and the Education of such Children, and otherwise 
 to amend the Factory Acts " (37 & 38 Vict. c. 44). 
 
 The Act of Geo. 3 was in fact directed in the first 
 place to the due cleansing of the factories, by two 
 washings with quicklime yearly, to the admission of 
 
 (a) This introduction, originally written by the late Alexander 
 Kedgrave, Esq., C.B., is now slightly amended. The necessary 
 alterations have been made in the original " Tabular Analysis " 
 contained therein, and also in such portions of the matter as would 
 otherwise be out of date. 
 
viii Introduction, 
 
 fresh air by means of a sufficient number of windows, 
 and to the yearly supply to every apprentice of suffi- 
 cient and suitable clothing. It next prohibited night- 
 work, and excessive labour in the day ; and, lastly, 
 required all apprentices to be instructed in the principles 
 of the Christian religion, and that those who were 
 members of the Church of England should be examined 
 annually by a clergyman, and be prepared at the proper 
 acre for confirmation. 
 
 o 
 
 These regulations existed upon the statute book until 
 repealed by the Act of 1878 (41 Vict. c. 16) ; but with 
 the exception of those parts relating to a sufficiency of 
 clothing and supervision of morals, which from the 
 system of apprenticeship no longer existing under the 
 circumstances which prevailed in 1802, are now 
 altogether unnecessary, — all the main intentions of that 
 statute are carried out by the recent legislation. 
 
 The history of the Ten-hour question has yet to be 
 written. One or two accounts have been published 
 by persons mixed up with the events which they 
 describe — valuable, doubtless, from being the impres- 
 sions of eye witnesses, but of scarcely sufficient 
 grasp of the whole subject to do justice to a great 
 public movement. From this description, however, 
 must be excepted the interesting book by E. E. Von 
 Plener, ** The EngHsh Factory Legislation."(a) When- 
 
 (a) " The English Factory Legislation," by Ernest Edler Von 
 Plener, First Secretary to the Imperial and Royal Austro- 
 Hungarian Embassy in London. Chapman and Hall, 1873. 
 
Introduction, ix 
 
 ever the question be taken in hand, the Factory and 
 Workshop Act of 1878 will be the starting point from 
 which the subject will naturally be approached, for in 
 it the steps by which each advance was made may be 
 traced ; and though no longer in itself a complete 
 exposition of the law relating to Factories and Work- 
 shops, it still stands out as the principal Act, the 
 modification of all previous, and the basis of all subsequent, 
 legislation. 
 
 The movement in 1802 was sanitary as well as edu- 
 cational ; it was the first step in the cause of sanitary 
 improvement, and to the influence of Factory Legisla- 
 tion, and to the enquiries into the employment of women 
 and children, may be credited subsequent legislation 
 for the health of towns. 
 
 Thus, while the Act of 1878 was essentially a consoli- 
 dating Act, it maintained the great distinction which 
 Factory Legislation has always observed in dealing with 
 juvenile and female labour. That to which pubHc 
 attention was first called in 1802, was the labour in cotton 
 and woollen factories in which more than twenty persons 
 were employed. It was not until power was employed 
 to move spinning frames, and afterwards looms, that the 
 evils of excessive labour became so painfully evident. 
 Hence legislation first dealt with spinning and weaving 
 factories moved by power ; then with other cognate occu- 
 pations in which steam or water-power was used, — print- 
 works, bleachworks, dyeworks, and lace factories. Next, 
 
X Introduction, 
 
 in 1864, it was extended to certain occupations in which 
 mechanical power might or might not be used ; and, 
 lastly, by the Acts of 1867 various enumerated trades were 
 legislated for as factories, and all others as workshops. 
 These later Acts, embracing within their far-extending 
 definitions nearly every trade and occupation in the 
 country, were necessarily incomplete and experimental. 
 Exceptions and modifications were authorised which 
 might possibly be requisite, rather than upon proof that 
 they were indispensable, so that by the time the last of 
 these several Acts had received the Royal assent there 
 was a perfect chaos of regulations — all good in them- 
 selves when enacted — all having a direct purpose, which 
 most of the trades have outlived, and which required 
 constant care and consideration to prevent an application 
 of them which would have imperilled that impartiahty 
 and that uniformity of administration which are 
 absolutely essential to secure harmonious and cheerful 
 co-operation. 
 
 It was assigned to a Royal Commission, in the latter 
 part of the year 1875, to take all these statutes under 
 review, to consider their various enactments, modifica- 
 tions, and exceptions, to take such evidence as they 
 thought requisite, and then to submit a proposition for 
 bringing into harmony the incongruous mass of pro- 
 visions which encumbered the statute book. The 
 Commissioners set to work with the utmost activity, 
 and took evidence upon all the points committed to 
 them, both in London and in various manufacturing 
 
Introduction. xi 
 
 locaKties in England, Scotland, and Ireland. In Feb- 
 ruary, 1876, their Report, with a volume of evidence, 
 was laid before Parliament. The Report dealt exhaus- 
 tively with the question ; it traced out clearly and 
 distinctly the course of legislation, the causes of the 
 differences of regulations in different trades ; it pointed 
 out wherein some differences might cease, and others 
 be mitigated, and by a series of resolutions laid down 
 the groundwork for the consolidation of the various 
 Acts. 
 
 The outline thus drawn was, in its main features, the 
 groundwork of the Act of 1878. 
 
 This Act, and the Acts of 1883, 1889, 1891, and 
 1895, by which it has been supplemented, deal with 
 five classes of works : 
 
 Textile Factories, 
 
 Non-textile Factories, 
 
 Workshops, 
 
 Workshops in which neither children nor young 
 
 persons are employed. 
 Domestic Workshops, 
 
 and enact that special requirements shall apply to — 
 
 Laundries, 
 
 Docks, 
 
 Wharves, 
 
 Quays, 
 
xii Introduction* 
 
 Warehouses, 
 
 Buildings in construction ; and 
 
 Buildings of a certain height. 
 
 A "factory" is defined to be a place in which 
 machinery is moved by the aid of steam, water, or other 
 mechanical power. 
 
 Factories are divided into two classes, Textile Fac- 
 tories and Non-Textile Factories. The words Textile 
 Factories and Non-Textile Factories were first used in 
 1878 in an Act of Parliament. The old legal term of 
 factory was originally defined to mean a factory in which 
 cotton, wool, &c., was operated upon by the aid of 
 steam or water-power ; but as the regulations differ in 
 such factories from those in other factories, it has 
 been necessary to use distinctive terms for the two 
 <}lasses of factories. 
 
 The term *' Textile Factory " sums up a class of 
 factories dealt with under former Acts, and the regulations 
 affecting them continue the same as before as to hours of 
 work and meals, and education of children, limewashing, 
 holidays, &c., &c. In one or two particulars the pre- 
 cise enactments of the old Factory Acts have been 
 varied and made applicable to all factories, and these 
 variations will be noticed in their place. 
 
 The term " Non-Textile Factory " applies to the occu- 
 pations enumerated in the Acts of 1864 and 1867, 
 whether using power or not, and includes in addition all 
 
Introduction. xiii 
 
 unnamed occupations in which mechanical power is 
 used. This definition releases from the special factory- 
 regulations all those occupations which were factories 
 under the Factory Act, 1867, by reason of fifty person* 
 being employed, and in which mechanical power was not 
 used. 
 
 The works, which are Non-Textile Factories, whether 
 power be used or not are the following : — 
 
 Under the Act of 1864, 
 
 Where persons are employed for hire in 
 The manufacture of Earthenware, 
 
 Ditto Lucifer Matches, 
 
 Ditto Percussion Caps, ~ 
 
 Ditto Cartridges, 
 
 The employment of Paper Staining, 
 Ditto Fustian Cutting. 
 
 Under the Act of 1867— 
 
 The following Works : — 
 
 Blast Furnaces, 
 Copper Mills, 
 Iron Mills, 
 Foundries, 
 
 / 
 
xiv Introduction, 
 
 The Manufacture of Machinery, of any article 
 of Metal, or of Indiarubber or Gutta Percha, 
 by the aid of mechanical power, 
 
 Paper Manufacture, 
 
 Glass ditto. 
 
 Tobacco ditto, 
 
 Letter-Press Printing, 
 
 Bookbinding. 
 
 All the unnamed occupations in which power is not 
 used, except those specially named in the Acts of 1864 
 and 1867, are defined to be Workshops. 
 
 The above definitions appear to mark very clearly the 
 cause and course of factory legislation. 
 
 The first principle was that where power was used, and 
 where the large majority of persons employed were 
 women and children, their labour required regulation, 
 sanitary conditions required supervision, and the educa- 
 tion of the children must be made compulsory. 
 
 The Textile Factories came within that category, and 
 hence, having been first legislated for, the regulations 
 are retained. 
 
 Then other occupations came under review in which 
 the proportion of women and children employed was 
 not so large as in *' Textile Factories," in some of which 
 the labour was not so hard, and in others of which 
 
Introduction, xv 
 
 the attention and strain in waiting upon the moving 
 power was not so continued or so uninterrupted. 
 
 In these, the limits of the hours of work have been 
 somewhat relaxed, but the great principles of sanitary- 
 condition and education of the young are as rigidly 
 required as in Textile Factories. 
 
 These are the Non-Textile Factories. 
 
 The next class of works are those in which no power 
 is used. They are called Workshops. 
 
 In these the hours of work and meals, and education, 
 are as strictly provided for as in Factories, but unless 
 circumstances satisfy the Secretary of State that they 
 are required, registers and certificates of fitness will not 
 be compulsory, (a) 
 
 The next class of works to which fewer regulations 
 apply are the Workshops in which none but women 
 above the age of 18 are employed. 
 
 In these Workshops the actual number of hours of 
 work and of meals must be the same as in Non-Textile 
 Factories, but with more elasticity of arrangement. 
 
 The last class of works may be designated " Domestic 
 Workshops." These are Workshops carried on in a 
 private house, room, or place in which the only persons 
 
 (a) See section 15 of the Act of 1895. 
 
xvi Introduction. 
 
 employed are members of the same family dwelling 
 there. 
 
 In these the nmnber of hours of work and meals for 
 children and young persons must be the same as in 
 Non-Textile Factories, but with more elasticity of 
 arrangement ; the education of children is the same. 
 The employment of women in Domestic Workshops is 
 unrestricted. 
 
 The sanitary conditions of all Workshops is now under 
 the supervision of local authorities. 
 
 But the Act of 1878 exempts from the regulations in 
 respect to Domestic Workshops, and leaves altogether 
 free from this Act certain occupations of a light character 
 when carried on in a dwelling-house by the family 
 dwelling therein, viz.: — 
 
 Straw-plait Making, 
 
 Pillow-lace Making, 
 
 Glove Making, 
 and others of a like nature to which the Secretary of 
 State may extend the exemption. 
 
 It also exempts from the regulations as to hours of 
 labour and meals, Flax Scutch Mills in which women 
 only are employed intermittently, and for not more 
 than six months in the year. 
 
 It also exempts any handicraft which is exercised 
 in a dwelling-house by the family dwelling there, at 
 
Introduction, xvii 
 
 irregular intervals, and does not furnish the whole 
 or principal means of living to the family. 
 
 As a ready means of ascertaining the precise regula- 
 tions affecting each description of work, whether Textile 
 Factory, Non-Textile Factory or Workshop, a tabular 
 analysis of the variations of the provisions which are 
 applicable to each of these three classes of works, taking 
 into account the alterations made by the Acts subsequent 
 to the Act of 1878, is hereto annexed : — 
 
xviii Introduction. 
 
 TABULAR Analysis op the Regulations of the Factory and 
 
 AND OF the Application of them 
 
 Resfulations to be observed in Textile Factories. 
 
 SANITARY. 
 
 Sect. 3. — Every factory to be kept in a cleanly state, free from effluvia, 
 &c., to be well ventilated, not to be overcrowded. In 
 tenement factories an occupier whose rent exceeds 200Z. 
 (and not the owner) is liable in respect of these pro- 
 visions. 
 
 Sect. 4. — If an inspector observe a nuisance he must report to sanitary 
 authority. 
 
 Inspector authorised to take medical officer of health, &c., 
 with him into the factory. 
 
 Sect. 33. — Every factory to be limewashed once in 14 months, unless 
 painted in oil once in seven years, when it must be washed 
 once every fourteen months. 
 
 The Secretary of State may exempt from this provision any 
 class of factory, or part thereof not requiring it for the 
 purpose of cleanliness. 
 
 Sanitary conveniences for both sexes compulsory. 
 
 Sect. 37. — A child, young person, or woman not to be employed in wet 
 spinning, unless means are taken to prevent their being 
 wetted, and to prevent the escape of steam. 
 
Introduction. 
 
 XIX 
 
 W0BK8HOP Act, 1878, AS Amended by the Acts op 1891 and 1895 ; 
 
 TO THE DIFFERENT CLASSES OP WORKS. 
 
 Corresponding Regulations to be observed in 
 
 Non-Textile Factories. 
 
 Workshops. 
 
 .PROVISIONS. 
 
 The same as Textile (applicable to laundries) 
 
 The same as Textile ditto ditto 
 
 The same as Textile ditto ditto 
 
 The same as Textile ditto ditto 
 
 The same as Textile ditto 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 ditto 
 
 Where dust is generated by grinding, glazing, or 
 polishing, or where gas, vapour, or ony other 
 impurity is generated, a fan shall be provided, 
 for preventing the inhalation of the dust or 
 gas, &c. The owner and not the occupier is 
 liable for the observance of these provisions in 
 non-textile tenement factories. — s. 36. 
 
 In laundries, fans, ventilation and drainage of 
 floors required. 
 
 Bakehouses to be limewashed once in six months, 
 or where painted in oil, to be washed once in 
 six months. — s. 34. No new underground 
 bakehouse may be opened after January 1st, 
 1896. 
 
 h2 
 
 The sanitary condi- 
 tion of workshops 
 is under the local 
 sanitary autho- 
 rity. In default 
 of sanitary au- 
 thority, the Secre- 
 tary of State may 
 enforce sanita- 
 tion. Section 4 of 
 the Act of 1891 
 applies to work- 
 shops conducted 
 on the system of 
 not employing 
 children, young 
 persons, and 
 women, and to 
 laundries. 
 
 The same. 
 
 The same. 
 
XX Introduction, 
 
 TABULAR Analysis op the Regulations of 
 
 Regulations to be observed in Textile Factories. 
 
 SAFETY AND 
 
 Sect 5. — Hoist or Teagle, steam-engine, water-wheel, engine worked 
 by water, mill-gearing, and dangerous machinery, to be 
 securely fenced. 
 
 Sect. 9. — ^Employment of a child or youn^; person in cleaning machinery 
 in motion, and of a child, young person, or woman 
 cleaning mill gearing in motion, prohibited. 
 
 Employment between fixed and traversing parts of a self- 
 acting machine forbidden, with limitations as to position 
 of self-acting machine. 
 
 Sect. 31. — Notice of accidents to be sent to the inspector — 
 
 If fatal, or so serious as to prevent work for five hours on 
 any one of three days after the accident. 
 
 To the certifying surgeon — 
 
 If fatal or caused by machinery moved by power, or vat or 
 pan, or explosion, unless the accident comes within 
 section 63 of the Explosives Act. 
 
 The certifying surgeon to report the same to the inspector... 
 
 Sect. 82. — If any person suffer bodily injury from neglect to fence 
 mill-gearing, or machinery, &c., required to be fenced, the 
 occupier is liable to a penalty of £100, which may be 
 applied by the Secretary of State for the benefit of the 
 injured person. The occupier is liable in the case of 
 tenement factories, if his rent exceeds 200Z. a year. 
 Secretary of State may require special rules to be adopted in 
 case of dangerous incidents of employment. 
 
 SujEcient means of escape from fiire to be provided in the 
 case of factories. 
 
Introduction, xxi 
 
 THE Pactoby and Wobkshop Acts— continued. 
 
 Corresponding Regulations to be observed in 
 
 Non-Textile Factories. 
 
 Workshops. 
 
 .ACCIDENTS. 
 
 as Textile (applicable to laundries) 
 
 The 
 
 The same as Textile . ditto 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 ditto 
 
 The same as Textile (applicable to laundries, 
 docks, wharves, quays, warehouses, buildings 
 in construction by aid of mechanical power). 
 
 The same as Textile 
 
 The same as Textile (applicable to docks, quays, 
 warehouses, &c, as above) 
 
 The same as Textile 
 
 The same as Textile 
 
 None. 
 None. 
 None 
 
 The same, whether 
 young persons or 
 women be em- 
 ployed or not (ap- 
 plicable to build- 
 ings over 30 feet 
 in height against 
 which scaffolding 
 is erected, or where- 
 in twenty persong 
 are employed). 
 
 The same. 
 
 The same if from 
 vat or pan or other 
 structure required 
 to be fenced. 
 
 The same, whether 
 young persons or 
 women be em- 
 ployed or not. 
 
 The same in work- 
 shops commenced 
 after January let, 
 1896, and employ- 
 ing more than 
 forty persons. 
 
xxii Introduction, 
 
 TABULAR Analysis op the Regulations or 
 
 Begnlations to be observed in Textile Factories. 
 
 EMPLOYMENT AND. 
 
 Sect. 10. — A child, young person, or woman not to be employed except 
 during period of employment stated in notice. 
 
 Young Peesons. 
 
 Sect. 11. — ^The period of employment, inclusive of meal hours, shall be 
 either between 6 A.M. and 6 P.M., or between 7 A.M. and 
 7 p.m. 
 
 On Saturday, when work commences at 6 a.m., — 
 
 If not less than one hour be given for meals, manufacturing 
 
 processes must cease at 1 P.M., and all other work at 
 
 1.30 P.M. 
 If less than one hour be given for meals, manufacturing 
 
 processes must cease at 12.30 p.m., and all other work at 
 
 1 P.M. 
 
 On Saturday, when work commences at 7 a.m., manufac- 
 turing processes must cease at 1.30 p.m., and all other 
 work at 2 p.m.i 
 
Introduction, 
 THE ^Factory and Workshop Acts — continued. 
 
 XXIU 
 
 Corresponding regulations to be observed in 
 
 Non-Textile Factories. 
 
 Workshops. 
 
 The 
 
 MEAL HOURS. 
 
 Textile 
 
 .AND Women. 
 
 The same as Textile and also between 8 A.M. 
 and 8 p.m 
 
 The same. 
 
 The same, but where 
 young persons and 
 children are not 
 employed women 
 may work between 
 6 A.M. and 10 P.M., 
 and between 6 A.M. 
 and 4 P.M. on 
 Saturdays. 
 
 The Secretary of State may authorise the period xhe same. 
 
 of emoloyment to be between 9 A.M. and 9 p.m. 
 
 —8.43. 
 All work must cease at 2 p.m. — s. 13 The same. 
 
 All work must cease at 3 p.m. — s. 13 
 
 When the times of work are between 8 A.M. and 
 8 P.M., or between 9 A.M. and 9 P.M., work may 
 continue on Saturdays until 4 p.m. — s. 36 of 
 the Act of 1895. 
 
 When working in day and night shifts, the 
 Saturday Half -holiday is not compulsory for 
 male young persons (of the age of fourteen 
 and upwards after January 1st, 1897). — s. 58. 
 
 In Turkey red dyeworks, work may continue on 
 Saturday until 4.30 P.M. — s. 47. 
 
 The Secretary of State is authorised under cer- 
 tain circumstances to substitute another day 
 for the Saturday Half-holiday. — s. 46. 
 
 Where the hours of work have not exceeded 
 eight on any day in any one week, they may 
 be extended to eight hours on Saturday. 
 
 The same. 
 Theisame. 
 
 The same. 
 The same. 
 
xxiv Introduction, 
 
 TABULAR Analysis op the REauLA.TioNS op 
 
 Regulations to be observed in Textile Factories. 
 
 EMPLOYMENT AND 
 
 Sect. 50. — ^If the occupier of a factory be of the Jewish religion, and 
 close his factory on Saturday until sunset, he can employ 
 young persons and women until 9 P.M. on Saturday. 
 
 Sect. 11. — All young persons and women must have two hours for 
 meals during the period of employment, of which one 
 hour must be given before 3 P.M. 
 
 On Saturday, at least half an hour must be given 
 
 A young person or woman not to be employed for more than 
 four hours and a half without an interval of half an 
 hour : — 
 
 Sect. 48. — Except in the factories named In Sched. 3, Part 7, and 
 others added thereto by order of the Secretary of State. 
 
 Children. 
 
 Sect. 12. — Children are to be employed either morning or afternoon, 
 or on alternate days. 
 
 The period of employment for a child begins and ends the 
 same as for a young person. 
 
 Children in the morning set must cease work at the dinner 
 hour, but not later than 1 P.M. 
 
 Children in the afternoon set begin at the end of the 
 dinner-time, but not earlier than 1 p.m. 
 
 Children may work on the alternate day system on Satur- 
 days as young persons. 
 
Introduction, 
 THE Factory and Workshop Acts — continued. 
 
 XXV 
 
 Corresponding regulations to be observed in 
 
 Non-Textile Factories. 
 
 MEAL nO\JR^— continued. 
 
 The same as Textile 
 
 One hour and a half must be given, of which The same, 
 one hour must be given before 3 p.m. — s. 13. 
 
 Workshops. 
 
 The Bame. 
 
 The same as Textile. — s. 13 
 
 Not to be employed more than five hours without 
 an interval of half an hour. — s. 13 (applicable 
 to laundries). 
 
 (In laundries, young persons to be employed 
 only twelve hours a day, and sixty hours a 
 week; women to be employed only fourteen 
 hours a day, and sixty hours a week.) 
 
 Children. 
 
 The same as Textile.— s. 14. 
 
 The same as textile 
 
 But the period of employment may be between 
 8 A.M. and 8 P.M., and 4 p.m. on Saturdays, 
 where young persons and women are also em- 
 ployed between those times. — s. 36 of the Act 
 of 1895. 
 
 Children not to be employed after 8 p.m. — s. 43. 
 The same as Textile 
 
 The same as Textile 
 
 The morning set ends and the afternoon set 
 begins on Saturdays the same as on other days. 
 
 The same. 
 The same. 
 
 The same. 
 
 The same. 
 
 The same. 
 The same. 
 
 The same. 
 The same. 
 
xxvi Introduction, 
 
 TABULAR Analysis op the Regulations op 
 
 Regulations to be obseiTcd in Textile Factories. 
 
 EMPLOYMENT AND. 
 
 A child shall not be employed on Saturday in two succes- 
 sive weeks, nor on Saturday in any week, if on any 
 other day in the week he has worked more than five 
 hours and a half. 
 
 Children working on alternate days may work as young 
 persons, but must not work on two successive days, nor 
 on the same days in two successive weeks. 
 
 When a child is employed as a young person, he must 
 have the same intervals for meals as a young person. 
 
 A child not to be employed more than four hours and a 
 half without an interval of half an hour : — Except 
 
 Sect. 48. — In the factories named in Sched. 3, Part 2, and others 
 added thereto by the Secretary of State. 
 
 HOLIDAYS. 
 
 Sect. 22. — ^Every child, young person, and woman shall be allowed the 
 following holidays : — 
 
 The whole of Christmas Day and the whole of Good 
 Eriday ; or instead of Good Eriday the next public 
 holiday under the Holidays Extension Act, 1875. 
 
 Notice must be given of such holidays and fixed up in the 
 factory, unless Christmas Day, Good Eriday, and the 
 Bank Holidays be given. 
 
 A half holiday shall comyjrise one-half of the period of 
 employment on some other day than Saturday. 
 
 A child, young person, or woman shall not be employed 
 on any day or oart of a day set apart for a holiday. 
 
Introduction, xxvii 
 
 THE Factory and Wobkshop Act^— continued. 
 
 Corresponding Regulations to be obserred in 
 
 Non-Textile Factories. 
 
 .MEAL UOXTR^— continued. 
 
 A child shall not be employed in two successive 
 weeks in a morning set, or in two successive 
 weeks in an afternoon set. 
 
 The same as Textile : — Provided that children 
 can only work on alternate days if two hours 
 are allowed for meals. 
 
 The same as Textile 
 
 A child shall not be employed more than five 
 hours without an interval of half an hour 
 (applicable to laundries). 
 
 (In laundries, children not to be employed more 
 than ten hours a day, and thirty hours a 
 week.) 
 
 Workshops. 
 
 The same. 
 
 The same. 
 
 The same. 
 
 The same. 
 
 The same. 
 
 HOLIDAYS. 
 
 The same as Textile (applicable to laundries) ... 
 
 The same as Textile ditto ditto 
 
 The same as Textile ditto ditto 
 
 The same as Textile ditto ditto 
 
 The same as Textile ditto ditto 
 
 The same. 
 The same. 
 
 The same. 
 
 The same. 
 The same. 
 
xxviii Introduction, 
 
 TABULAR Analysis op the Regulations of 
 
 Regulations to be observed in Textile Factories. 
 
 HOLIDAYS— <?o««mM^<i. 
 
 Sect 22.'— In Scotland, other days may be substituted for Christmas 
 Day and Good Friday. 
 Eight half-holidays, or equivalent whole holidays, of which 
 half shall be given between 15th March and 1st October 
 following. 
 
 Sect. 50. — In the factory of a Jew, in which all the persons employed 
 are Jews, two Bank Holidays may be given instead of 
 Christmas Day and Good Friday. 
 
 Sect. 106.— In Ireland the 17th of March, or Good Friday or Easter 
 Tuesday must be given, and will reckon as two of the 
 eight half-holidays. 
 
 EDUCATION. 
 
 Sect, 23.— The parent of a child shall cause such child to attend a 
 recognised efficient school, which may be selected by 
 himself. 
 
 A child when employed in a morning or afternoon set shall 
 attend school for one school attendance on each day 
 of every week during any part of which he may be 
 employed. 
 
 A child when employed on alternate days must attend 
 school for two school attendances on each alternate day. 
 
 Attendance at school must be made between 8 A.M. and 
 
 6 P.M. 
 
 A child is not required to attend school on Saturdays, or on 
 any holiday or half -holiday in pursuance of this' Act. 
 
 Non attendance caused from sickness, &c., &c 
 
 When there is not a certified school within two miles of the 
 child's residence, the child may attend some other school, 
 temporarily approved by an inspector. 
 
Introduction, xxix 
 
 THE Factoby and Woekshop ACTS — Gontitiued. 
 
 Corresponding regulations to be observed in 
 
 Non-Textile Factories. 
 
 Workshops. 
 
 UOJjTDAY^— continued. 
 
 The same as Textile 
 
 The same as Textile 
 The same as Textile 
 The same as Textile 
 
 The Secretary of State is authorised to permit 
 the holidays under certain conditions to be 
 given to different sets on different days. — 
 8.49. 
 
 When working in day and night shifts it is not 
 compulsory to give eight ha& holidays to male 
 young persons. — s. 58. 
 
 The same. 
 The same. 
 
 The same. 
 
 The same. 
 
 The same. 
 
 The same. 
 
 .OF CHILDREN. 
 
 The same as Textile 
 
 (applicable to laundries)... 
 
 The same. 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 The same. 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 The same. 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 The same. 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 The same. 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 The same. 
 
 The same as Textile 
 
 ditto 
 
 ditto 
 
 The same. 
 
XXX . Introduction, 
 
 TAB UL All Analysis of the Regulations op 
 
 Regulations to be observed in Textile Factories. 
 
 EDUCATION. 
 
 A child who has failed to attend school regularly cannot be 
 employed the following week unless the deficient attend- 
 ances be made up. 
 
 Sect. 24, — ^The occupier shall obtain certificates from a schoolmaster 
 of the school attendance of the children employed in his 
 factory, and keep such certificates for two months, and 
 produce the same to the inspector. 
 
 Sect. 25. — ^The school managers may apply in writing to an occupier 
 to pay the school fees, not exceeding hd, per week, or 
 one-twelfth of the wages of a child, which the occupier 
 may deduct from the wages of the child. 
 
 Sect. 26.— When a child of thirteen has obtained a certificate of profi- 
 ciency either of having passed the prescribed standard, or 
 of having attended school the prescribed number of 
 attendances, he is deemed to be a young person. 
 
 CERTIFICATES OF FITNESS 
 
 Sect. 27. — A person under sixteen shall not be employed for more 
 than seven, or if the certifying surgeon resides more 
 than three miles from the factory, thirteen working 
 days, unless the occupier has obtained from the certifying 
 surgeon a certificate in the prescribed form of the 
 fitness of employment of such person. 
 
 A certificate of fitness shall not be given unless a certifi- 
 cate of birth be produced, or other proof of real age. 
 
 Sect. 29. — ^When an inspector considers any person under sixteen unfit 
 to work he may give notice to the occupiers, and the 
 person shall not l^ employed more than seven days unless 
 certified by the certifying surgeon to be fit for work. 
 
 Sect. 30. — An inspector may annul a certificate of a certi^ing surgeon 
 if certificate of age of the person named therein was not 
 produced, if he think the person under the age named in 
 the certificate. 
 
Introduction, xxxi 
 
 THE Factoey and WORKSHOP AcTS — continued. 
 
 Corresponding Kegulations to be observed in 
 
 IN' on-Textile Eactories. 
 
 Workshops. 
 
 OF CBILDIIW^— continued. 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 
 FOR EMPLOYMENT. 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 
 The same. 
 
 The same. 
 
 The same. 
 
 The 
 
 The Secretary of 
 State may require 
 certificates to be 
 obtained in work- 
 shops. — s. 41. 
 
 The occupier may re- 
 quire the certifying 
 surgeon to grant 
 certificates as if his 
 workshop were a 
 factory. — s. 28. 
 
 Not applicable at 
 !► present in work- 
 shops. 
 
xxxii Introduction. 
 
 TABULAR Analysis op the Regulations of 
 
 Regulations to be observed in Textile Factories. 
 
 CERTIFICATES OP FITNESS. 
 
 When a child becomes a young person a fresh certificate of 
 fitness must be obtained. 
 
 Sect. 73. — A certificate of fitness shall only be granted on personal 
 examination. 
 
 ^ect. 30. — ^The same certificate of fitness may be valid for all the facto- 
 ries in the occupation of the same occupier in the district 
 of the same certifying surgeon ; and in a tenement factory 
 for employment in any part thereof (s. 26, Act of 1895). 
 
 Sect. 73. — ^A certifying surgeon shall examine persons only at the 
 factory where such persons are employed, unless the 
 number of children and young persons is less than five, 
 or unless specially allowed by an inspector. 
 
 Sect. 72. — Certifying surgeons to be appointed by an inspector 
 
 Sect. 74. — Fees to be paid to a certifying surgeon 
 
 Sect. 71. — ^Where there is not a certifjdng surgeon within three miles, 
 the Poor Law medical oflScer to act as certifying 
 surgeon. 
 
 REGULATIONS AS. 
 
 Sect. 17. — All children, young persons, and women to have the times 
 allowed for meals at the same periods of the day. 
 
 A child, young person, or woman is not allowed to remain 
 in any room where a manufacturing process is being 
 carried on, or to be employed during a meal time. 
 
 Sects. 19 and 78. — ^Notice of meal hours to be fixed up— ^f hours of 
 , work, &c. 
 
Introduction. xxxiii 
 
 THE Factoey and WORKSHOP AcTS — continued. 
 
 Corresponding Regulations to be observed in 
 
 Non-Textile Factories. 
 
 rOli EMPLOYMENT— cwiimwe^. 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 
 The same as Textile 
 The same as Textile 
 The same as Textile 
 
 .TO MEAL TIMES. 
 
 The same as Textile — but not to apply to the 
 factories named in Sch. 3, Part 2. 
 
 The same as Textile — but not to apply to the 
 factories named in Sch. 3, Part 2. 
 
 The Secretary of State authorised to extend 
 these modifications in certain cases. — s. 52. 
 
 Meals are not to be taken in certain parts of 
 glassworks, lucif er match works, and earthen- 
 ware works. — s. 39 and Sch. 2. 
 
 The Secretary of State power to prohibit meals 
 being taken in places injurious to health. — s. 39, 
 
 The same as Textile (applicable to laundries)... 
 
 Workshops. 
 
 Not applicable at 
 present in work- 
 
 The same. 
 
 The same. 
 The same. 
 
xxxiv Introduction, 
 
 TABULAR Analysis op the Regulations op 
 
 Regulations to be observed in Textile Factories. 
 
 PROHIBITIONS 
 
 Sect. 20. — A child shall not be employed under the age of eleven 
 years. 
 
 Sect. 21. — A child, young person, or woman shall not be employed on 
 Sunday ; but 
 
 Sect. 51. — It the occupier be of the Jewish religion, and close his fac- 
 tory on Saturday, both before and after sunset, a Jewish 
 young person or woman may be employed on Sunday the 
 same as if Sunday were Saturday. 
 
 OVERTIME AND 
 
 Sect. 44. — ^Male young persons of sixteen years of age may be em- 
 ployed in lace factories between 4 A.M. and 10 P.M. under 
 certain conditions. 
 
 Sect. 50. — If the occupier be of the Jewish religion and keep his factory 
 closed on Saturday both before and after sunset, he may 
 employ the young persons and women one hour on every 
 other week day, but not before 6 A.M. or after 9 P.M. 
 
 Sect. 57. — Secretary of State may authorise employment of young 
 persons and women to recover lost time in water mills 
 at the rate of one hour per day, for not exceeding m'nety- 
 six days in case of drought, and not exceeding forty- 
 eight days in case of flood. 
 
 Sect. 1 63. — The Secretary of State, where cleanliness, &c., is deficient, 
 may by order direct the adoption of special means as a 
 condition of the exceptional employment. 
 
Introduction, 
 THE Factoey and Woekshop ACTS — continued. 
 
 XXXV 
 
 
 Corresponding Regulations to be observed in 
 
 Non-Textile Pactories. 
 
 Workshops. 
 
 
 OF EMPLOYMENT. 
 
 
 
 The same as Textile (applicable to laundries)... 
 
 The same. 
 
 
 The same as Textile— except as respect male 
 
 The same. 
 
 
 young persons in Blast Furnaces and Paper 
 
 
 
 Mills.— s. 58. 
 
 
 
 The same as Textile ... 
 
 The same. 
 
 
 A child or young person is not to be employed 
 
 The same. 
 
 
 in the silvering of mirrors by the mercurial 
 
 
 
 process, or the making of white lead. — Sch. 1. 
 
 
 
 A child or female young' person is not to be em- 
 
 
 
 ployed in melting or annealing glass.— Sch. 1. 
 
 
 
 A female under sixteen is'not to be employed in 
 
 The same. 
 
 
 brick-making or salt-making. — Sch. 1. 
 
 
 
 A child is not to be employed in dry grinding 
 in the metal trades, or where lucifer-match 
 
 
 
 
 
 dipping is carried on.— Sch. 1. 
 
 
 
 A child under eleven shall not be employed in 
 
 
 
 metal grinding, other than dry metal grinding, 
 
 
 
 or in fustian cutting.— Sch. 1. 
 
 
 
 NIGHTWORK. 
 
 
 
 Male young persons of sixteen years of age may 
 
 The same. 
 
 
 be employed in bakehouses between 5 A.M. 
 
 
 
 and 9 P.M. under certain conditions. — s. 45. 
 
 
 
 The same as Textile 
 
 The same. 
 
 
 The same as Textile 
 
 
 
 
 The same. 
 
 c 2 
 
xxxvi Introduction, 
 
 TABULAR Analysis op the Regulations of 
 
 Regulations to be observed in Textile Factories. 
 
 OVERTIME AND 
 
 Sect. 64. — Where an exception has been authorised, and it is found to 
 be injurious to health, the Secretary of State may by 
 order rescind such exception. 
 
Introduction, 
 
 THE FACTOBY and WORKSHOP AcT^-^oTitinued. 
 
 XXXVll 
 
 Corresponding Regulations to be observed in 
 
 Non-Textile Factories. 
 
 ^IQlcLT'WOlXK— continued. 
 
 The same as Textile 
 
 Women may be employed for fourteen hours, 
 including two hours for meals, between 6 A.M. 
 and 8 p.m., or between 7 A.M. and 9 p.m., or 
 between 8 a.m. and 10 P.M. in the works 
 named in Sch. 3, Part 3, for not more than 
 three days in a week and thirty in a year; and 
 in the works named in Sch. 3, Part 5, for 
 sixty days in a year. — ss. 53, 56, as amended 
 by the Act of 1895. 
 
 The Secretary of State authorised to extend 
 these provisions to other Non-Textile Facto- 
 ries under certain conditions. — ss. 53, 56. 
 
 If a process be incomplete at the end of the 
 period of employment in the works named in 
 Sch. 3, Part 4, children, young persons, and 
 women may be employed for thirty minutes 
 beyond the period of employment, provided 
 the hours of work do not exceed the hours of 
 work allowed by law. — s, 64. 
 
 The Secretary of State authorised to extend 
 these provisions under certain conditions. — 
 8. 54. 
 
 Young persons and women may be employed so 
 far as is necessary to prevent damage from 
 spontaneous combustion in turkey red-dyeing, 
 and from atmospheric influence in open-air 
 bleaching. — s. 55. 
 
 Male young persons (of fourteen years and 
 upwards after March 1st, 1897) may be em- 
 ployed on day and night shifts in the fac- 
 tories named in Sch. 3, Part 6. — s. 58. 
 
 The Secretary of State authorised to permit the 
 employment of male young persons of sixteen 
 years of age in night shifts. — s. 58. 
 
 Male young persons of sixteen years of age may 
 be employed at night in provincial newspaper 
 offices on two nights in a week, but not for 
 more than twelve hours continuously. — s. 59. 
 
 Workshops. 
 
 The same. 
 
 The same. 
 
 The same. 
 The same. 
 
 The same. 
 None. 
 
 The same. 
 None. 
 
xxxviii Introduction. 
 
 TABULAR Analysis op the Regulations op 
 
 Regulations to be observed in Textile Factories. 
 
 OVERTIME AND. 
 
 MISCELLANEOUS.... 
 
 Sects. 19, 78. — ^Notice to be hung up of times of work and meals : — 
 Abstract of Act. Names of inspectors and certifying 
 surgeons. Clock by which hours of work are regulated. 
 Number of persons allowed in each room. 
 
 Sect. 66. — Notice of special exception to be hung up, and notice to be 
 
 sent to inspector. 
 When working overtime under special exception, same to be 
 
 entered in a register ; and record (s. 14 Act of 1891). 
 Sect. 77. — Register of young persons under sixteen years of age to be 
 
 kept, with details, as prescribed by the Secretary of State. 
 
 Extracts to be sent when required by the inspector. 
 
 Sect. 76. — Hours of work to be regulated by a public clock 
 
 Sect. 92. — Any person in a factory while machinery is in motion or 
 while a manufacturing process is carried on deemed to 
 be employed, unless the contrary be proved. 
 
 Sect. 94. — Definition of employment 
 
 Sect. 75. — Occupier of factory to send notice to inspector within one 
 month of commencing to work a factory. 
 
 Sect. 80. — Inspectors of weights and measures authorised to examine 
 
 weights and measures used for checking wages, &c. 
 
Introduction, 
 
 xxxxs. 
 
 THE Factory and Workshop Acts — eontimced. 
 
 Corresponding Regulations to be observed in 
 
 
 Non-Textile Factories. 
 
 Workshops. 
 
 
 1>IIGU.TW OBK— continued. 
 
 
 
 Male young persons (of fourteen years and 
 
 
 
 upwards after January 1st, 1897) may be 
 
 
 
 employed in glass works according to the 
 
 
 1 
 
 accustomed hours of the works under certain 
 conditions. — s. 60. 
 
 
 
 The Secretary of State may authorise the em- 
 
 The same. 
 
 
 ployment of male young persons of sixteen 
 
 
 
 years of age as male adults in bakehouses.— 
 
 
 
 s. 45. 
 
 
 
 In laundries women may work fourteen hours 
 
 The same. 
 
 
 a day on three days of the week, on thirty 
 
 
 
 days of the year. 
 
 
 
 REGULATIONS. 
 
 
 
 The same as Textile (applicable to laundries) 
 
 The same. 
 
 
 The same as Textile ditto ditto 
 
 The same. 
 
 
 The same as Textile ditto ditto 
 
 The same. 
 
 \ 
 
 The same as Textile 
 
 Secretary of State 
 may require regis- 
 ters to be kept in 
 workshops. — s. 77 
 
 
 The same as Textile 
 
 The same. 
 
 
 The same as Textile ... 
 
 The same. 
 
 i- 
 
 The same as Textile 
 
 The same. 
 
 
 The same as Textile (applicable to laundries) 
 
 The Ra.me. 
 
 
 The same as Textile 
 
 The same. 
 
 (a) Required by the Act of 1895 in workshops to which section 53 of the 
 Act of 1895 applies. 
 
xl Introduction, 
 
 The provisions which apply to Workshops conducted 
 on the system of not employing children and young 
 persons (Act of 1891, s. 13 (2) ), are the following : — 
 
 The period of employment for a woman shall be for a specified period 
 of 12 hours, between 6 a.m. and 10 p.m., and of eight hours between 
 6 A.M. and 4 p.m. on Saturdays. 
 
 There shall be allowed to each woman for meals and absence from 
 work, between such periods of employment, one hour and a half, except 
 on Saturday, and on Saturday not less than half an hour. 
 
 Prohibition of work on Sunday. 
 
 The only provisions of the Acts which apply to 
 Domestic Workshops (s. 16) are the following, applying 
 only to children and young persons : — 
 
 The period of employment for a young person shall be between 6 A.M. 
 and 9 p.m., and 4 p.m. on Saturdays. 
 
 There shall be allowed to each young person, between such periods 
 of employment, four hours and a half, except on Saturday, and on 
 Saturday, two hours and a half. 
 
 The period of employment for a child shall be between 6 A.M. and 
 - 1 p.m., or between 1 p.m. and 8 p.m., and 4 p.m. on Saturdays. 
 
 A child shall only be employed in morning and afternoon sets, 
 changing every week. 
 
 The parent of a child must cause his child to attend school. 
 
 A child shall attend school daily for one school attendance. 
 
 A child shall not be employed for more than five hours without an 
 interval of half an hour. 
 
 Children and young persons may not work on Sunday. 
 
 Overtime cannot be worked. 
 
 The following provisions should further be noted : — 
 
 The enactments respecting inspection, duties, and authority of in- 
 spectors, legal proceedings, amount and levying of fines, definition of 
 terms, &c., are alike applicable to Textile Factories, Non-Textile Fac- 
 tories, Workshops, and Workshops in which neither children nor young 
 persons are employed, and with the exception of the maximum amount 
 of the fines to Domestic Workshops. 
 
 In Flax Scutch Mills, in which women only are employed intermit- 
 tently, and for not more than six months in the course of the year, their 
 
Introduction, xli 
 
 labour is entirely unrestricted, but the mills are subject to the sanitary 
 regulations, and those relating to the fencing of machinery, &c. 
 
 The occupations of straw-plaiting, pillow-lace making, glove making 
 (s. 97), and manual labour in the manufacture of light articles, where 
 the labour is exercised at irregular intervals, and does not furnish 
 the principal means of living to the family exercising it in a private 
 house (s. 98), are entirely exempted from the provisions of the Act. 
 
 It will be seen from this short statement, and an 
 examination of the Acts themselves, that whereas all 
 previous Acts were based npon some special circum- 
 stances which were brought forward with respect to 
 particular trades, the Act of 1878 has been framed 
 upon definite principles, deduced from former legisla- 
 tion. Thus, there is a defined meaning given to the 
 word " Factory," and a defined meaning derived from 
 definite circumstances to the word " Workshop." The 
 general enactments, the variations in these for Non- 
 Textile Factories and Workshops, the modifications of 
 the general enactments, will be seen to proceed from 
 principles, and to be systematised so that the reason for 
 them can be traced out. 
 
 The addition of the Act of 1895 to the Statute Book 
 tends, however, owing to the far-reaching nature of its 
 provisions, to make the whole of the legislation on the 
 subject a somewhat intricate mosaic. There are now two 
 amending Acts of considerable size, and the last has in 
 all probabiHty been designed merely as a stop-gap until 
 a codifying Act can be passed. In order properly to 
 gain an insight into its meaning and construction it is 
 absolutely necessary that it should be read in close 
 conjunction with its predecessors ; nor is it possible to 
 deal exhaustively with its various provisions within the 
 limits of this introduction. For this purpose the reader 
 
xKi Introduction. 
 
 is referred to the text of the Act itself, the bearing of 
 which upon the former Acts it has been the main object 
 of the present edition of this book to elucidate. It 
 may, however, be of use, for the purposes of a general 
 survey, to subjoin the following list of the principal 
 alterations and additions which appear in it, as follows : — 
 
 1. " Overcrowding " is defined (s. 1). 
 
 2. Power is given to courts of summary jurisdiction 
 to close dangerous factories and workshops (s. 2). 
 
 3. A similar power is given in the case of dangerous 
 machines (s. 4), and power is given to deal with the 
 giving out of work to be done in dangerous or un- 
 healthy places fs. 5). 
 
 4. A penalty is fixed for allowing wearing apparel 
 to be made in a place where there is infectious disease 
 (s. 6). 
 
 5. The provisions as to the fencing of machinery are 
 extended, and further restrictions are placed upon the 
 cleaning of machinery in motion (ss. 7, 8). 
 
 6. Regulations are made as to the position of self- 
 .acting machines (s. 9). 
 
 7. New and extended provisions are made for move- 
 able fire-escapes and generally as to escape from fire 
 (s. 10). 
 
 8. Workmen^ on application, are to be represented 
 on arbitrations (s. 12). 
 
 9. Section 82 of the Act of 1878 is extended to cases 
 of injury from general neglect of provisions, rules, &c., 
 iind considerable alteration is made in the direction of 
 further restrictions upon overtime employment and the 
 
Introduction, xliii 
 
 employment of persons both inside and outside factories 
 or workshops on the same day, and registers of children 
 and young persons are made compulsory in certain, 
 workshops (ss. 14, 15, 16). 
 
 10. New provisions are made as to notice, register, 
 investigation, &c., of accidents (ss. 18 — 21). 
 
 11. Laundries are brought within certain provisions 
 
 of the Acts (s. 22). 
 
 12. Docks, wharves, quays, warehouses, &c., and build- 
 ings in course of construction with the aid of power, 
 are brought within certain provisions of the Acts ; also 
 buildings more than thirty feet high, which are being 
 constructed or repaired by means of scaffolding or in 
 which more than twenty persons are employed, not as 
 domestic servants, for wages (s. 23) . 
 
 13. New provisions are made with respect to tene- 
 ment factories (ss. 24, 25). 
 
 14. Previous exemptions as to certain bakehouses are 
 repealed ; no new underground bakehouses are to be 
 opened after the commencement of the Act ; and the 
 operation of the Act with regard to bakehouses is 
 generally extended (s. 27). 
 
 15. Special provisions for health, as to notification of 
 diseases, and as to lavatories and temperature are made 
 (ss. 29—33). 
 
 16. Kegulations as to sanitary conveniences where 
 the Public Health Act, 1890, is not in force are made 
 (s. 35). 
 
 17. Extended regulations are made as to furnishing 
 particulars of wages and as to divulging trade secrets 
 (s. 40). 
 
xliv Entroduction, 
 
 18. Lists of outworkers are to be sent to inspectors 
 twice yearly. 
 
 19. The defendant in proceedings under the Acts is 
 made competent to give evidence (s. 49). 
 
 20. The right of conducting proceedings as counsel 
 is given to an inspector (s. 51). 
 
 21. Certain provisions are made to apply to work- 
 shops where male adults only are employed (ss. 18, 
 21, 28). 
 
,' o e ■» 
 
 
 FACTOEY AND WORKSHOP ACT, 1878. 
 
 41 Vict. Cap. 16. 
 
 An Act to consolidate and amend the Law relating 
 to Factories and Worksliops. 
 
 [27th May, 1878.] 
 
 Be it enacted .... as follows : 
 
 Preliminary, 1878 Act. 
 
 Sect. 1. 
 
 1. This Act may be cited as The Factory and „^ --- 
 
 , -^ "^ Short title. 
 
 Workshop Act, 1878. 
 
 2. This Act shall come into operation on the commence- 
 first day of January one thousand eight hundred 
 
 and seventy-nine, which day is in this Act referred 
 to as the commencement of this Act : Provided 
 that at any time after the passing of this Act, any 
 appointment, regulation or order may be made, 
 any notice issued, form prescribed, and act done 
 which appears to a Secretary of State necessary or 
 proper to be made, issued, prescribed, or done for 
 the purpose of bringing this Act into operation 
 at the commencement thereof. 
 
Factoi^y and Worksliop Act, 1878, 
 
 '-' -' < V ;!/«: .' PART I. 
 
 A s'j/': VlOr^Sl'Rj^LfL'AW 1^^ TO FACTORIES AND 
 
 *'**"'' ''Workshops. 
 
 (1.) SANITARY PROVISIONS. 
 "^lect^S*' 3* ^ factory [and a worksliop] shall be kept in 
 BaniteT- ^ cleanly state and free from effluvia arising from 
 fe?tor^'Tnd^ any drain, privy, (a) or other nuisance. (6) 
 workshop. ^ factory \_or worksliop] shall not be so over- 
 crowded while work is carried on therein as to be 
 \_mjurious to the health of the persons employed 
 therem],(c) and shall be ventilated in such a 
 manner as to render harmless, so far as is 
 practicable, all the gases, vapours, dust, or other 
 impurities generated in the course of the manu- 
 facturing process or handicraft carried on therein 
 that may be injurious to health. 
 
 A factory \_or loorkshop] in which there is a 
 contravention of this section shall be deemed not 
 to be kept in conformity with this Act.(c?) 
 
 This section formerly included workshops. They are 
 now excluded by section 3 of the Act of 1891, and the 
 words "and a workshop" "or workshop" are repealed 
 wherever they occur in the section by section 39 of the 
 Act of 1891. But see note (6) below. 
 
 It should be noted that the administration of these 
 sanitary provisions in factories is restricted to the inspectors 
 of factories, who may also, however, deal with insanitary 
 workshops in default of the local authorities. 
 
 {a) Extended as follows by section 5 of the Act of 1891 : 
 "water-closet, earth-closet, privy, urinal, or other nuisance." 
 
 (6) See also " Special provisions for health," pos^, s. 33. 
 By section 91 of the Public Health Act, 1875 (38 & 39 
 Vict. c. 55), and section 101 of this Act, any factory which 
 is not subject to the provisions of this Act, as well as 
 every workshop or workplace which is not kept in a 
 cleanly state, may be dealt with summarily under the 
 
Sanitary Provisions, 3 
 
 provisions of the Public Health Act relating to cleanli- 1878 Act, 
 ness. The effect of this is that the provisions of the Sect. 3, 
 
 Public Health Acts may be applied wherever the provi- 
 
 sions of this Act cannot be enforced (see post, s. 101, and 
 Appendix). The Public Health (London) Act, 1891 (54 & 55 
 Vict. c. 76), also makes, by sections 25 — 27, certain 
 provisions with regard to workshops and bakehouses in 
 London ; they will be found in the Appendix. The local 
 authority has power (the actual words being, "may, if 
 they think fit "), under section 38 of the Public Health Act, 
 1875, to enforce proper and sufficient privy accommodation 
 for both sexes. The Public Health Act, 1890 (53 & 54 
 Vict. c. 69), the provisions of which are adoptive, enacts 
 that similar provisions shall be enforced by such local autho- 
 rities as adopt its provisions, by section 22 (see Appendix, 
 post). Finally, by section 35 of the Act of 1895, 'post, 
 similar provisions are enforceable under the Factory Acts 
 wherever section 22 of the Public Health Act, 1890, has 
 not been adopted. The combined eflfect of the Public 
 Health Acts and the Act of 1895, therefore, is, that proper 
 privy accommodation must be provided in all factories and 
 workshops : that where the Public H(ialth Act, 1890, has 
 been adopted it is the duty of the local authority to see 
 to this, and that where it has not been adopted it is the 
 duty of the inspector, or, where the Factory Acts do not 
 apply, of the local authority, under section 38 of the 
 Public Health Act, 1875, which is still in force where 
 section 22 of the Act of 1890 has not been adopted. 
 
 It should further be noted that " a house," under the 
 Public Health Act, 1875, is defined to include " factories 
 and other buildings in which persons are employed." 
 Section 4 of the Public Health Act restricted this defini- 
 tion to places in which more than twenty persons were 
 employed at one time, but section 101 of this Act repeals 
 this proviso. 
 
 The time at which the officer of the local authority has 
 power to enter upon and examine any premises as to the 
 existence of any nuisance is between 9 a.m. and 6 p.m., or, 
 in the case of business premises, at any hour at which the 
 business is being carried on. 
 
 If any person makes a written complaint that any 
 nuisance exists the local authority maj"^ authorise their 
 officer to inspect after twenty-four hours' notice, or if in 
 case of emergency, immediately without notice. 
 
 (c) By section 5 of the Act of 1891, post, these words 
 are altered to "dangerous or injurious to," &c. As to 
 "W'hat constitutes overcrowding so as to be dangerous or 
 
 b2 
 
4 Factory and Workshop Act, 1878. 
 
 1878 Act, injurious to health, see section 1 of the Act of 1896, posfr- 
 Sect. 3. which enacts the provision of a minimum cubic space of 
 250 feet for each worker during ordinary hours, and of 
 400 feet during overtime. 
 
 (d) By section 24 of the Act of 1895, the owner, instead 
 of the occupier, of a tenement factory is made liable for 
 the observance and punishable for the non-observance of 
 the regulations comprised in this section, unless such 
 occupier pays a rent in excess of 200^. a year. 
 
 hislIJctOTto 4. Where it appears to an inspector under this 
 
 Shorfty of -^ct that any act, neglect, or default in relation ta 
 
 defeSs ui any drain, water-closet, earth-closet, privy, ashpit, 
 
 workshop! water-supply, nuisance, or other matter in a factory 
 
 or workshop is punishable or remediable under 
 
 the law relating to public health, (a) but not under 
 
 this Act, that inspector shall give notice in 
 
 writing of such act, neglect, or default to the 
 
 sanitary authority in whose district the factory or 
 
 workshop is situate, and it shall be the duty of 
 
 the sanitary authority to make such inquiry into 
 
 the subject of the notice, and take such action 
 
 thereon, as to that authority may seem proper for 
 
 the purpose of enforcing the law. (5) 
 
 An inspector, under this Act, may, for the pur- 
 poses of this section, take with him into a factory 
 or a workshop a medical oflficer of health, 
 inspector of nuisances, or other officer of the 
 sanitary authority, (c) 
 
 (a) See Public Health Act, 1875 (38 & 39 Vict. c. 55), 
 s. 91 ; Public Health Act, 1890 (53 & 54 Vict. c. 59), s. 22 ; 
 and Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), 
 ss. 25 — 27, and s. 38. The sections referred to will be 
 found in the Appendix. 
 
 (b) By section 3 of the Act of 1895, it shall be the duty 
 of the sanitary authority to inform the inspector of the 
 proceedings taken in consequence of the notice. 
 
r 
 
 Safety. 
 
 (c) See further section 2 of the Act of 1891, as amended 1878 Act, 
 l)y section 3 of the Act of 1895, post, the effect of which Sect. 4. 
 is to make this section apply to workshops conducted on 
 •the system of not employing children, young persons, and 
 women therein, and to laundries. 
 
 (2.) SAFETY. 
 
 6, With respect to the fencing of machinery in Fencing of 
 .a factory the following provisions shall have effect : machinery. 
 
 •(1.) Every hoist or teagle [near to which any 
 person is liable to j9a55 or to he em- 
 ploy ed^ia) and every fly-wheel directly 
 connected with the steam or water or 
 other mechanical power, whether in the 
 engine-house or not, and every part 
 of a steam-engine and water-wheel, (6) 
 shall be securely fenced ; and 
 
 {2.) Every wheel-race not otherwise secured 
 shall be securely fenced close to the edge 
 of the wheel-race ; and 
 
 (3.)(c) Every part of the mill-gearing shall 
 either be securely fenced or be in such 
 position or of such construction as to be 
 equally safe to every person employed (f?) 
 in the factory as it would be if it were 
 securely fenced ; and 
 
 (4.) All fencing shall be constantly maintained 
 in an efficient state while the parts 
 required to be fenced are in motion or 
 use for the purpose of any manufactur- 
 ing process. (^) 
 
 * A factory in which there is a contravention of 
 
6 Factory and Workshop Act, 1878. 
 
 1878 Act, this section shall be deemed not to be kept in- 
 ^®-^^- conformity with this Act.(/) 
 
 (a) The words in italics are repealed by section 6 (1) of 
 the Act of 1891. 
 
 (6) By the Act of 1895, s. 7 (1), yost, the words, "a 
 steam-engine and water-wheel " are replaced by the 
 words, " any water-wheel or engine worked by any such 
 power." 
 
 (c) By section 6 (2) of the Act of 1891, 'post^ this sub- 
 section is amended as follows: — "All dangerous parts 
 of the machiner}^, and every part of the mill-gearing," etc. 
 The word "machinery" includes any driving-strap or 
 band : section 37 of the Act of 1891. For definition of 
 " mill-gearing," see section 96. 
 
 In Redgrave v. Lloyd [1895], 1 Q. B. 95, the word 
 "machinery" used here was held to include all the 
 operative machinery in a factory, and not only machinery 
 ejusdem generis as mentioned in this section. 
 
 (d) By section 7 (2) of the Act of 1895, post, after the 
 word "employed," the words "or working" shall be 
 inserted. 
 
 (e) By section 7 (3) of the Act of 1895, instead of the 
 words "for the purpose of any manufacturing process," the 
 words " except where the parts are under repair or under 
 examination in connection with repair, or are necessarily 
 exposed for the purpose of cleaning or lubricating, or for 
 altering the gearing or arrangement of the parts of the 
 machine," are substituted. 
 
 (/) Liability for the observance of this section in 
 certain respects is by section 24 (1) (h) of the Act of 1895 
 transferred from the occupier to the owner, unless the 
 occupier pays a rent exceeding 2001. a year (s. 24 (7) ). 
 Further provisions with regard to self-acting machines will 
 be found in section 9 of the Act of 1895. See also 
 section 8 of Act of 1895 as to cleaning "dangerous" 
 machinery, and section 8 of same Act as to use of a 
 machine in such a condition as to be dangerous. 
 
 of^oth^r'^ [6. WJiei'e an inspector considers that in a 
 
 maS^'i/, factory any part of the machinery of any kind 
 noticed moved by steam, water or other mechanical power, 
 inVpector.-\ to wMch the foregoing provisions of this Act with 
 respect to the fencing of machinery do not apply, is 
 
Safety. 7 
 
 not securely fenced^ and is so dangerous as to he 1878 Act, 
 likely to cause bodily injury to any person employed — '- 
 in tlie factory, the following provisions shall apply 
 to the fencing af such machinery : 
 
 (1.) 77ie inspector shall serve on the occupier of 
 the factory a notice requiring him to fence 
 tlie part of the machinery ivhich the 
 inspector so deems to be dangerous : 
 
 (2.) The occupier, within seven days after the 
 receipt of the notice, may serve on the 
 inspector a requisition to refer the matter 
 to arbitration ; and thereupon the matter 
 shall be referred to arbitration, and two 
 skilled arbitrators shall be appointed, the 
 one by tJw inspector and the other by the 
 occupier ; and tlw provisions of the Com- 
 panies Clauses Consolidation ^c^, 1845, f^j^^^^^'^- 
 if?/^ respect to the settlement of disputes 
 by arbitration shall, subject to the express 
 provisions of this section, apply to the said 
 arbitration, and the a^'bitrators or their 
 umpire shall give the decision ivithm 
 twenty-one days after the last of the 
 arbitrators, or, in the case of the umpire, 
 after the umpire is appointed, or within 
 such further time as the occupier and 
 inspector, by writing, allow ; and if the 
 decision is not so given the matter shall be 
 referred to the arbitration of an umpire 
 to be appointed by tlie judge of the county 
 court within the jurisdiction of lohich 
 the factory is situate : 
 
8 Factory and Workshop Act, 1878. 
 
 1878 Act, (3.) If the arbitrators or tJieir umpire decide 
 — '- ' that it is unnecessary or impossible to 
 
 fence the machinery alleged in tJie notice 
 to be dangerous, the notice shall be can- 
 celled, and the occupier shall not be 
 required to fence in pursuance thereof, 
 and the expenses of the arbitration shall 
 be paid as tlie expenses of the inspectors 
 under this Act : 
 
 (4.) // the occupier does not, within the said 
 seven days, serve on the inspector a 
 requisition to refer the matter to arbitra- 
 tion or does not appoint an arbitrator 
 within seven days after he served that 
 requisition, or if neither the arbitrators nor 
 the umpire decide that it is unnecessary or 
 impossible to fence the machinery alleged 
 in the notice to be dangerous, the occupier 
 shall securely fence the said machinery in 
 accordance with the notice, or with the 
 award of the arbitrators or umpire if it 
 modifies tlie notice, and the expenses oj 
 the arbitration shall be paid by the occu- 
 pier, and shall be recoverable from him 
 by the inspector in the county court : 
 
 (5.) Wliere the occupier of a factory fails to 
 comply ivithin a reasonable time with the 
 requirements of this section as to securely 
 fencing the said machinery in accordance 
 with the notice or award, or fails to keep 
 tlie said machinery securely fenced in 
 accordance therewith, or fails constantly to 
 
Safety, 9 
 
 maintain such fencing in an efficient state 1878 Act, 
 while the machinery required to he fenced 
 is in motion for the purpose of any manu- 
 facturing process^ the factory shall he 
 deemed not to he kept in conformity loith 
 this Act : 
 (6.) For the purpose of this section and of any 
 provisions of this Act relating thereto 
 " machinery " shall he deemed to include 
 any driving strap or hand.^ (a) 
 
 (a) The whole of the above section is repealed by sec- 
 tion 39 and Schedule 2 of the Act of 1891, post, and 
 the necessity to fence dangerous machinery becomes 
 absolute. 
 
 [7. Where an inspector considers that in a fac' ^^^'^gjl^J^ 
 tory or workshop a, vat, pan, or other stimcture, Itr^SHuresof 
 which is used in the process or handicraft carried f^^^j^l^^ 
 on in such factory or wo7'kshop, and n£ar to or over *'^p^^°^-'^ 
 which children or young perso7is are liahle to pass 
 or to he employed, is so dangerous, hy reason of its 
 being filled with hot liquid jor molten metal or other- 
 loise, as to he likely to he a cause of hodily injury to 
 any child or young person employed in the factory or 
 workshop he shall serve on the occupier of the 
 factory or workshop a notice requiring him to fence 
 juch vat, pan, or other structure. 
 
 The provisions of this Act with respect to tlie 
 fencing of machinery which an inspector considers 
 not to he securely fenced and to he dangerous shall 
 apply in like manner as if they were re-enacted in 
 this section, with the substitution of the vat, pan, or 
 ether structure for machinery, and with the addition 
 of workshop, and if the occupier of a factory 
 
10 Fadoi^ and Workshop Act, 1878. 
 
 1878 Act, or workshop fails constantly to maintain the fencing! 
 
 1 ' required under this section in an efficient state, while 
 
 such vat J pan, or other st/nccture is so filled or other- 
 wise dangerous as aforesaid, the factory or workshop 
 shall be deemed not to be kept in conformity with 
 this Act,"] (a) 
 
 (a) The whole of the above section is repealed by 
 section 39 and Schedule 2 of the Act of 1891, post, but 
 structures of the kind to which reference is made are 
 dealt with in chemical works by the special rules established 
 under section 8 of the Act of 1891, and a vat or pan con- 
 taining moving parts of machinery or driven by machinery 
 may be " dangerous machinery " under section 5 of the Act 
 of 1891. 
 
 Irindstones [8. Where an inspector observes in a factory, 
 
 're^ZiTof ^^^^ a^?/ grindstone, worked by steam, water, or 
 
 grindstones other mechanical power is in itself so faulty, or is 
 
 ^sgivmi^ fi^^d in SO faulty a manner as to be likely to cause 
 
 bodily injury to the grinder using the same, he shall 
 
 serve on the occupier of the factory a notice requiring 
 
 him to replace such faulty grindstone, or to properly 
 
 fix the grindstone fixed in the faulty manner. 
 
 The provisions of this Act loith respect to the 
 
 fencing of m,achinery which an inspector considers 
 
 not to be securely fenced and to be dangerous shall 
 
 apply in like manner as if they were re-enacted in 
 
 this section with the necessary modifications. 
 
 Where the occupier of a factory fails to keep tlie 
 
 grindstone mentioned in tlie notice or award in 
 
 such a state and fixed in such manner as not to be 
 
 dangerous, the factory shall be deemed not to be kept 
 
 in conformity with this Act.']{a) 
 
 (a) The whole of the above section is repealed by sec- 
 tion 39 and Schedule 2 of the Act of 1891, post, but faulty 
 grindstones can be dealt with under section 4 of the Act 
 of 1895 
 
 inspector.'] 
 
Safety IJ 
 
 9. A child shall not be allowed to clean any 1878 Act^ 
 part of the machinery in a factory while the same — !- 
 
 , . Ill • 1 r> J J i^ Restriction 
 
 18 m motion by the aid or steam, water, or other on cleaning 
 mechanical power. (a) chinery 
 
 ^ ^ while in 
 
 A young person or woman shall not be allowed ^oJ^°Jj*^' 
 to clean such part of the machinery in a factory as plrts^o? 
 is mill -gearing while the same is in motion for the ^cJJnJrv. 
 purpose of propelling any part of the manufacturing 
 machinery. (6) 
 
 A child, young person, or woman shall not be 
 allowed to work between the fixed and traversing 
 parts of any self-acting machine while the machine 
 is in motion by the action of steam, water, or other 
 mechanical power, (c) 
 
 A child, young person, or woman allowed to 
 clean or to work in contravention of this section 
 shall be deemed to be employed contrary to the 
 provisions of this kci.{d) 
 
 (a) By section 8 of the Act of 1895, ^os^, this paragraph, so 
 far as the dangerous parts of the machinery are concerned, 
 is made to apply to young persons as well as children. 
 Section 8 also provides, for this purpose, that such parts of 
 the machinery shall be presumed to be dangerous, unless 
 the contrary is proved, as are so notified by the inspector 
 to the occupier of the factory. 
 
 By section 96 of this Act " child " means a person under 
 14, and "young person " a person between 14 and 18 years 
 of age, but a child over 13 years of age may be deemed to 
 be a young person subject to the provisions of section 26. 
 
 (6) It should be noted that this paragraph applies to 
 mill-gearing only. 
 
 Machinery may be moved by hand for the purpose of 
 being cleaned by children. 
 
 (c) For further regulations as to the position of self- 
 acting machines, and the position in which persons 
 employed are allowed to work, see section 9 of the Act of 
 1895, 'post. 
 
 (d) The penalty is undei: section 83. 
 
12 Factory and Workshop Act, 1878. 
 
 S^ectAo!' ^^-^ EMPLOYMENT AND MEAL HOURS. 
 
 Period of \0, A child, young person, or woman shall not 
 of children, be employed in a factory or a workshop except 
 
 young per- . . 
 
 soM.and during the period of employment hereinafter 
 
 women. . * ♦/ 
 
 mentioned. 
 
 Period of W^ "With respect to the employment of young 
 ment, &c., persous and women in a textile factory the follow- 
 
 f or young ^ ^ -^ 
 
 persons and ing rcffulations shall be observed : 
 
 women ma *=> o 
 
 flcto^y. (!•) The period of employment, except on 
 
 Saturday, shall either begin at six 
 o'clock in the morning and end at six 
 o'clock in the evening, or begin at seven 
 o'clock in the morning and end at seven 
 o'clock in the evening ; and 
 (2.) The period of employment on Saturday 
 shall begin either at six o'clock or at 
 seven o'clock in the morning ; and 
 (3.) Where the period of employment on Satur- 
 day begins at six o'clock in the morning, 
 that period — 
 
 (a.) If not less than one hour is 
 allowed for meals, shall end at 
 one o'clock in the afternoon as 
 regards employment in any 
 manufacturing process, and at 
 half-past one o'clock in the 
 afternoon as regards employ- 
 ment for any purpose what- 
 ever ; and 
 (6.) If less than one hour is allowed 
 for meals, shall end at half an 
 hour after noon as regards 
 
Safety, \^ 
 
 employment in any manufac- 1878 Act, 
 
 i . J ^ Sect. 11. 
 turmg process, and at one 
 
 o'clock in the afternoon as 
 
 regards employment for any 
 
 pnrpose whatever ; and 
 
 (4.) Where the period of employment on Sat- 
 urday begins at seven o'clock in the 
 morning, that period shall end at half- 
 past one o'clock in the afternoon as 
 regards any manufacturing process, and 
 at two o'clock in the afternoon as regards 
 employment for any purpose whatever ; 
 and 
 
 (5.) There shall be allowed for meals during 
 the said period of employment in the 
 factory— 
 
 (a.) On every day except Saturday 
 not less than two hours, of 
 which one hour at the least, 
 either at the same time or at 
 different times, shall be before 
 three o'clock in the afternoon; 
 and 
 
 (5.) On Saturday not less than half an 
 hour ; and 
 
 . (6.) A young person or woman shall not be 
 employed continuously for more than 
 four hours and a half, without an interval 
 of at least half an hour for a meal. 
 
 A definition of "employment" as regards children 
 jouug persons, and women is given in section 94 of this 
 Act (see p. 119, jjosf). 
 
14 Factory and Workshop Act, 1878. 
 
 1878 Act, The only exceptions to the above are : — 
 Sect. 11, Continuous employment for five hours (s. 48, sched. 3, 
 part 7). 
 
 Recovery of lost time in water-mills (s. 57). 
 Employment on Saturday and overtime in factories of 
 Jewish occupiers (s. 50). 
 
 Employ-' 12. With respect to the employment of children 
 SSfdren ^^ ^ textile factory the following regulations shall 
 iaciorf be observed: 
 
 (1.) Children shall not be employed except on 
 the system either of employment in 
 morning and afternoon sets, or of em- 
 ployment on alternate days only ; and 
 (2.) The period of employment for a child in a 
 morning set shall, except on Saturday, 
 begin at the same hour as if the child 
 were a young person, and end at one 
 o'clock in the afternoon, (a) or, if the 
 dinner time begins before one o'clock, at 
 the beginning of dinner time ; and 
 (3.) The period of employment for a child in 
 an afternoon set shall, except on Satur- 
 day, begin at one o'clock in the after- 
 noon, (a) or at any later hour at which 
 the dinner time terminates, and end at 
 the same hour as if the child were a 
 young person ; and 
 (4.) The period of employment for any child 
 on Saturday shall begin and end at the 
 same hour as if the child were a young 
 person ; and 
 
 (5.) A child shall not be employed in two suc- 
 cessive periods of seven days in a morn- 
 
Employnnent and Meal Hours, 15 
 
 ing set, nor in two successive periods of 1878 Act, 
 seven days in an afternoon set, and a — 
 child shall not be employed on two suc- 
 cessive Saturdays, nor on Saturday in 
 any week if on any other day in the 
 same week his period of employment 
 has exceeded ^yq hours and a half; and 
 
 (6.) When a child is employed on the alternate ^ 
 day system the period of employment 
 for such child and the time allowed for 
 meals shall be the same as if the child 
 were a young person, but the child shall 
 not be employed on two successive days, 
 and shall not be employed on the same 
 day of the week in two successive weeks ; 
 and 
 
 (7.) A child shall not on either system be em- 
 ployed continuously for any longer period 
 than he could be if he were a young 
 person without an interval of at least 
 half an hour for a meal. 
 
 (a) Section 14 of the Factory and Workshops Act, 1883, 
 allowed these times to be altered to " noon " in cases where 
 the dinner hour is taken between 2 and 3 p.m. 
 
 The only exception to the above is : — 
 
 Continuous employment for five hours in certain 
 factories (ss. 40 and 48). 
 
 By the Act of 1895, s. 16 (1), a child shall not, except 
 during the period of employment, be employed in the 
 business of a factory or workshop outside the factory or 
 workshop on any day during which the child is employed 
 in the factory or workshop. 
 
 13. With respect to the employment of young g^pf^y*'^ 
 persons and women in a non-textile factory, and JJ® y*^*n'' 
 
16 Factory and Workshop Act, 1878. 
 
 1878 Act, of young persons in a workshop, the following 
 —1. ' regulations shall be observed : 
 
 persons and 
 
 non-textfie (1.) The period of employment, except on 
 for young Saturday, shall (save as is in this Act 
 
 workshop. specially excepted) either begin at six 
 
 o'clock in the morning, and end at six 
 o'clock in the evening, or begin at seven 
 o'clock in the morning, and end at seven 
 o'clock in the evening ;(a) and 
 
 (2.) The period of employment on Saturday 
 shall (save as is in this Act specially 
 excepted) begin at six o'clock in the 
 morning, or at seven o'clock in the 
 morning, and end at two o'clock in the 
 afternoon ; (6) and 
 
 (3.) There shall be allowed for meals during 
 the said period of employment in the 
 factory or workshop — 
 
 (a.) On every day except Saturday 
 not less than one hour and a 
 half, of which one hour at the 
 least, either at the same time or 
 at different times, shall be before 
 three o'clock in the afternoon ; 
 and 
 
 (&.) On Saturday not less than half an 
 hour; and 
 
 (4.) A young person or a woman in a non- 
 textile factory and a young person in a 
 workshop shall not be employed con- 
 tinuously for more than five hours without 
 
Employment and Meal Hours. 17 
 
 an interval of at least half an hour for a 1878 Act, 
 
 Sect. 13. 
 
 meal. 
 
 (a) By section 36 (1) of the Act of 1895, ^osty the period 
 of employment may be also from 8 o'clock in the morning 
 till 8 o'clock in the evening. 
 
 (6) By section 36 (2) of the Act of 1895, after the words 
 " end at two o'clock in the afternoon," the words " or when 
 it begins at seven o'clock in the morning, at three o'clock 
 in the afternoon, or begin at eight o'clock in the morn- 
 ing and end at four o'clock in the afternoon " are added. 
 Authority to work between 8 a.m. and 8 p.m. on the 
 first five days of the week, and from 8 a.m. to 4 p.m. 
 on Saturday, has hitherto been restricted to certain 
 scheduled non-textile factories and workshops (see s. 42, 
 schedule 3, Part 1), and others to which the modification 
 has been granted by the Secretary of State ; it is now 
 applicable to all non -textile factories and workshops. 
 
 The regulations of this Act with respect to the employ- 
 ment of women are, by section 62 (p. 79), not to apply to 
 women employed under certain conditions of work in flax 
 scutch mills. 
 
 14. With respect to the employment of children ^^^^^ f' 
 in a non-textile factory and a workshop, the fol- ^^iSren"^ 
 low^ing regulations shall be observed : tex°ue" 
 
 factory and 
 
 (1.) Children shall not be employed except workshop, 
 either on the system of employment in 
 morning and afternoon sets or (in a 
 factory or workshop in which not less 
 than two hours are allowed for meals on 
 every day except Saturday) on the system 
 of employment on alternate days only ; 
 and 
 
 (2.) The period of employment for a child in a 
 morning set on every day, including 
 Saturday, shall begin at six or seven 
 o'clock in the morning and end at one 
 o'clock in the afternoon, or, if the dinner 
 c 
 
is Factory and Workshop Act, 1878. 
 
 1878 Act, time begins before one o'clock, at the 
 
 _ beginning of dinner time ; and 
 
 (3.) The period of employment for a child in 
 an afternoon set on every day, including 
 Saturday, shall begin at one o'clock in 
 the afternoon, (a) or at any hour later 
 than half-past twelve o'clock, at which 
 the dinner time terminates, and end on 
 Saturday at two o'clock in the afternoon, 
 and on any other day at six or seven 
 o'clock in the evening, according as the 
 period of employment for children in the 
 morning set began at six or seven o'clock 
 in the morning ; and 
 
 (4.) A child shall not be employed in two suc- 
 cessive periods of seven days in a morning 
 set, nor in two successive periods of seven 
 days in an afternoon set, and a child shall 
 not be employed on Saturday in any 
 week in the same set in which he has 
 been employed on any other day of the 
 same week; and 
 (5.) When a child is employed on the alternate 
 day system — 
 
 (a.) The period of employment for 
 such child shall, except on Satur- 
 day, either begin at six o'clock 
 in the morning and end at six 
 o'clock in the evening, or begin 
 at seven o'clock in the morning 
 and end at seven o'clock in the 
 evening; and 
 
EmploymenJt and Meal Hours, 19 
 
 (&.) The period of employment for 1878 Act, 
 such child shall on Saturday — — 
 begin at six or seven o'clock in 
 the morning, and end at two 
 o'clock in the afternoon ; and 
 
 (c.) There shall be allowed to such 
 child for meals during the said 
 period of employment not less 
 on any day except Saturday 
 than two hours, and on Saturday 
 than half-an-hour ; but 
 
 {d,) The child shall not be employed 
 in any manner on two succes- 
 sive days, and shall not be em- 
 ployed on the same day of the 
 week in two successive weeks ; 
 and 
 
 (6.) A child shall not, on either system, be em- 
 ployed continuously for more than five 
 hours without an interval of at least half- 
 an-hour for a meal. 
 
 By section 14 of the Factory and Workshop Act, 1883, 
 the period at which the employment of the afternoon set 
 may commence is altered to " noon ;" provided the morning 
 set ceases work at noon. 
 
 Formerly, by the Workshop Regulation Act, 1867, the 
 hours of work of children might be between 6 a.m. and 
 S P.M., and although by the Elementary Education Act, 
 1876, they were required to attend school in the same 
 manner as children in factories, no alteration was made as 
 to the hours of work. This section places the labour of 
 children under the same regulations in workshops as in 
 non-textile factories. 
 
 In connection with this section, the Act of 1895, s. 36 (3) 
 provides that non-textile factories and workshops where 
 the period of employment for young persons and women 
 is from eight to eight, then, subject to the provisions of 
 
 c2 
 
20 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, this section, the period of employment of a child in a 
 Sect. 14. morning set may begin at eight in the morning, and of a 
 child in an afternoon set may end at eight in the evening 
 or on a Saturda)' at four in the afternoon ; and if this child 
 is employed on the alternate day system, his employment 
 may begin at eight in the morning and end at eight in the 
 evening or at four on Saturdays. 
 
 In textile factories, as will have been seen, only one set 
 of children can work on Saturdays, changing weekly ; but 
 in non-textile factories and workshops both sets of children 
 may work on Saturdays. The reason is as follows : — In 
 textile factories a child cannot be employed for more than 
 six hours and a half— that being the extreme period on any 
 other day — nor later than 2 p.m. In non-textile factories 
 and workshops the period of employment might, on 
 Saturday, extend to seven hours and a half, and if work 
 commences at 8 a.m. it may be continued until 4 p.m. 
 Hence the necessity of dividing the period of employment 
 by the dinner hour, and of permitting both sets of children 
 to be employed on Saturday. In other respects the 
 regulations are alike for textile and non-textile factories 
 and workshops. 
 
 Period of 
 employ- 
 ment, time 
 for meals, 
 and length 
 of con- 
 tinuous 
 employ- 
 ment for 
 women in 
 •workshop. 
 
 15. With respect to the employment of women 
 in workshops, the following regulations shall be 
 observed : 
 
 (1.) In a workshop which is conducted on the 
 system of employing therein children and 
 young persons, (a) or either of them, a 
 woman shall not be employed except 
 during the same period and subject to 
 the same restrictions as if she were a 
 young person ; and the regulations of 
 this Act with respect to the employment 
 of young persons in a workshop shall 
 apply accordingly to the employment of 
 women in that workshop ; and 
 
 [ (2.) In a workshop which is conducted on the 
 systerK of not employing therein either 
 children or young persons — 
 
Employment and Meal Hours. 21 
 
 (a.) The period of employment for a 1878 Act, 
 looman shall, exce'pt on Satur- —L 
 day, begin at six o'clock in the 
 morning and end at nine o'clock 
 in the evening, and shall on 
 Saturday begin at six o'clock in 
 the morning and end at four 
 o^ clock in the afternoon ; and 
 (&.) There shall be allowed to a woman 
 for meals and absence from 
 work during tlie period of em^ 
 ployment, not less, except on 
 Saturday, than four hours and 
 a half, and on Saturday than 
 two hours and a half] (b) 
 A workshop shall not be deemed to be con- 
 ducted on the system of not employing therein 
 either children or young persons until the occu- 
 pier has served on an inspector notice of his in- 
 tention to conduct his workshop on that system. 
 
 (a) A workshop will not be deemed to be conducted on 
 the system of not employing children and young persons 
 until the occupier shall have served a notice to that effect 
 upon the inspector ; and if the occupier intend at a sub- 
 sequent period to employ children or young persons, he 
 must serve a notice thereof on the inspector, and must not 
 change oftener than once a quarter (see s. 61, p. 78). 
 
 (b) This sub-section was repealed by section 39 and 
 schedule 2 of the Act of 1891. Section 13 (2) of that Act 
 has substituted in its place certain other provisions, the 
 effect of which is that in workshops where children and 
 young persons are not employed, the period of employment 
 for a woman shall be a specified period of twelve hours 
 taken between 6 a.m. and 10 p.m., except on Saturdays, 
 when it shall be eight hours, between 6 a.m. and 4 p.m., 
 with a specified period for meals and absence from work 
 during employment of at least one hour and a half, and 
 half-an-hour on Saturdays. 
 
22 Factory and WorJcslwp Act, 1878. 
 
 1878 Act, 16, Where persons are employed at home, that 
 
 —1 ' is to say, in a private house, room, or place which, 
 
 employment thouffh Hsed as a dwelling, is by reason of the 
 
 and time for ^ - ^ ^ I i i 
 
 meals for work Carried on there a factory or a workshop 
 
 chUdren . pi. » i* i'i 
 
 and young withm the meaning of this Act, and m which 
 
 persons in '^ i . i 
 
 domestic neither steam, water, nor other mechanical power 
 
 workshop. , , . . . 
 
 IS used in aid of the manufacturing process 
 carried on there, and in which the only persons 
 employed are members of the same family 
 dwelling there, the foregoing regulations of this 
 Act with respect to the employment of children, 
 young persons, and women shall not apply to 
 such factory or workshop, and in lieu thereof the 
 following regulations shall be observed therein : 
 
 (1.) A child or young person shall not be em- 
 ployed in the factory or workshop except 
 during the period of employment herein- 
 after mentioned ; and 
 
 (2.) The period of employment for a young 
 person shall, except on Saturday, begin 
 at six o'clock in the morning and end 
 at nine o'clock in the evening, and shall 
 on Saturday begin at six o'clock in the 
 morning and end at four o'clock in the 
 afternoon ; and 
 
 (3.) There shall be allowed to every young 
 person for meals and absence from work 
 during the period of employment not 
 less, except on Saturday, than four hours 
 and a half, and on Saturday than two 
 hours and a half ; and 
 
Employment and Meal Hours, 28 
 
 (4.) The period of employment for a child on 1878 Act, 
 every day either shall begin at six _ L ' 
 o'clock in the morning and end at one 
 o'clock in the afternoon, or shall begin 
 at one o'clock in the afternoon, and end 
 at eight o'clock in the evening, or on 
 Saturday at four o'clock in the after- 
 noon ; and for the purpose of the pro- 
 visions of this Act respecting education 
 such child shall be deemed, according 
 to circumstances, to be employed in a 
 morning or afternoon set ; and 
 
 (5.) A child shall not be employed before the 
 hour of one in the afternoon in two suc- 
 cessive periods of seven days, nor after 
 that hour in two successive periods of 
 seven days, and a child shall not be em- 
 ployed on Saturday in any week before 
 the hour of one in the afternoon, if on 
 any other day in the same week he has 
 been employed before that hour, nor 
 after that hour if on any other day of 
 the same week he has been employed 
 after that hour ; and 
 
 (6.) A child shall not be employed continuously 
 for more than five hours without an in- 
 terval of at least half-an-hour for a meal. 
 
 By s. 37 of the Act of 1891, the expression "domestic 
 workshop " in that Act means a workshop to which the 
 above section applies. 
 
 Children can only be employed in domestic workshops 
 in the morning and afternoon. They cannot be employed 
 on the alternate day system. 
 
24 Factory and Workshop Act, 1878. 
 
 1878 Act, It will be seen that the restrictions upon labour, &c., do 
 
 Sect. 16. not apply to women employed in domestic workshops as 
 
 defined by this section. Women are also exempted under 
 
 certain conditions of work in flax scutch mills (see 
 
 section 62). 
 
 Domestic workshops coming within the definitions of 
 this section are exempted from the sanitary regulations of 
 the Act, from the fixing the actual times for work and 
 meals, and from afl&xing notices in the work-rooms (see 
 s. 61, p. 76). But they remain under the supervision 
 of the local authority in respect to sanitary condition. 
 They are also precluded from working overtime (see the 
 Third Schedule, Part 3). The penalties for violation of the 
 regulations of the Act by occupiers of such workshops are 
 much less than is provided in other cases (see s. 83). 
 
 Mealtimes 17. With respect to meals the following 
 taneous and regulations shall (save as is in this Act specially 
 daring meal excepted) be observed in a factory or workshop : 
 bidden. ^j^^ ^jj children, young persons, and women 
 
 employed therein shall have the times 
 allowed for meals at the same hour of 
 the day ; and 
 (2.) A child, young person, or woman shall not 
 during any part of the times allowed for 
 meals in the factory or workshop, be 
 employed in the factory or workshop, or 
 be allowed to remain in a room in which 
 a manufacturing process or handicraft is 
 then being carried on. 
 
 This section does not apply to domestic workshops (see 
 section 61), or to the occupations referred to in section 52, 
 and named in Schedule 3, Part 2, an exemption which the 
 Secretary of State has authorised to be extended to other 
 occupations. 
 
 \'U^a8to 18. [ The period of employment on Saturday for 
 Mt^sS^^ a young person or woman in a non-textile factory 
 yowisf or workshop may he of the same length as on any 
 
Employment and Meal Hours. 25 
 
 other day if the period of employment of such young 1878 Act, 
 person or woman has not exceeded eight hours on — L 
 any day of the same week, and if notice has been toomm 
 affixed in the factory or workshop and served on the only eight 
 inspector, ] (a ) day.i 
 
 (a) Repealed by the Act of 1891, and replaced by sec- 
 tion 15 of that Act, which provides that, in a non-textile 
 factory or workshop where a young person or woman has 
 not been employed for more than eight hours in a day 
 during the week, and the regulations as to notice have 
 been complied with, the period of employment on Saturday 
 for that young person or woman may be from 6 a.m. to 
 4 P.M., with a minimum interval of two hours for meals. 
 
 19. The occupier of a factory or workshop may gf^ 
 from time to time fix within the limits allowed by J^"?oy-^ 
 this Act, and shall (save as is in this Act specially Ji^meais.'^ 
 excepted) specify in a notice affixed in the factory empSyment 
 or workshop, the period of employment, the times ^^ <**i<*'*"- 
 allowed for meals, and whether the children are 
 employed on the system of morning and afternoon 
 sets or of alternate days.(a) 
 
 The period of employment and the times allowed 
 for meals in the factory or workshop shall be 
 deemed to be the period and times specified in the 
 notice affixed in the factory or workshop ; and all 
 the children in the factory or workshop shall be 
 employed either on the system of morning and 
 afternoon sets or on the system of alternate days 
 according to the system for the time being speci- 
 fied in such notice : 
 
 Provided that a change in such period or times 
 or system of employment shall not be made until 
 after the occupier has served on an inspector and 
 affixed in the factory or workshop notice of his 
 
216 Factory and Workshop Act, 1878. 
 
 1878 Act, intention to make such change, and shall not be- 
 Sect. 19. 
 
 —L ■ made oftener than once a quarter, unless for 
 
 special cause allowed in writing by an inspector. 
 
 (a) By the Act of 1895, s. 24 (1, c), if the factory is a 
 tenement factory, the owner (whether or not he is a person 
 in occupation) is, instead of the occupier, made liable for 
 non-observance of this provision. Furthermore by sec- 
 tion 24 (2) of the same Act where different industries 
 are carried on in the same tenement factory, the obligation 
 to affix the notice prescribed in this section is placed on 
 the occupier, and not on the owner. But section 24 of 
 the Act of 1895 does not apply to the case of an occupier 
 whose rent exceeds 20()Z. a year. 
 
 The occupier of a domestic workshop, under section 16,. 
 is not required to affix notices (see s. 61, p. 76). 
 
 For the penalty for not affixing notices, see s. 78, p. 99. 
 
 Prohibition 
 of employ- 
 ment of 
 children 
 under ten. 
 
 20. [-^ child under the age of ten years shall 
 not he employed in a factory or loorkshop.'] (a) 
 
 (a) This section was repealed by the Statute Law 
 Revision Act, 1894; and by section 18 of the Act of 1891 
 the age is raised to eleven years after December 31st, 1892. 
 
 21. A child, young person, or woman shall not 
 
 Prohibition 
 of employ- 
 
 chMren, (save as is in this Act>^pecially excepted) be em- 
 young per- 
 sons, and 
 women on 
 Sunday. 
 
 ployed on Sunday in a factory or workshop. 
 
 Young persons and women of the Jewish religion may,, 
 under certain circumstances, work on Sundays (see ss. 50, 
 51), and male young persons working day and night by 
 relays in blast furnaces and paper mills may also work on 
 Sundays (see s. 58). But young persons cannot be employed', 
 in glass works under section 60 on Sundays by section 14 
 (6) of the Act of 1895. 
 
 (4.) Holidays, 
 
 22. The occupier of a factory or of a workshop- 
 shall (save as is in this Act specially excepted) 
 b^^SJiowe*d allow to every child, young person, and woman 
 employed therein the following holidays ; that is. 
 to say, 
 
 Days to be 
 observed as 
 holidays, 
 and half 
 
 in factories 
 and wort 
 shops. 
 
Holidays. 27 
 
 (1.) The whole of Christmas Day and the whole 1878 Act^ 
 either of Good Friday, or, if it is so Sect^22. 
 specified by the occupier in the notice 
 affixed in the factory or workshop, of 
 the next public holiday under the Holi- 38 & soviet. 
 days Extension Act, 1875 ; and in addi- 
 tion (a) 
 
 (2.) Eight half holidays in every year, but a 
 whole holiday may be allowed in lieu of 
 any two such half holidays ; and 
 
 (3.) At least half of the said half holidays or 
 whole holidays shall be allowed between 
 the fifteenth day of March and the first 
 day of October in every year ; and 
 
 [(4.) Cessation from work shall not he deemed to 
 he a half holiday or whole holiday^ unless 
 a notice of tlie half holiday or whole 
 holiday has heen affixed in the factory or 
 workshop for at least the ichole period of 
 employment of young persons and women 
 on the last previous work day hut one; 
 and'] (h) 
 
 (5.) A half holiday shall comprise at least one 
 half of the period of employment for 
 young persons and women on some day 
 other than Saturday. 
 
 A child, young person, or woman, who — 
 
 (a.) On a whole holiday fixed by or in pur- 
 suance of this section for a factory or 
 workshop is employed in the factory or 
 workshop, or 
 
 (/>.) On a half holiday fixed in pursuance of 
 this section for a factory or workshop is 
 
28 Factory and Workshop Act, 1878. 
 
 1878 Act, employed in the factory or workshop 
 
 ®5j_ ■ during the portion of the period of em- 
 
 ployment assigned for such half holiday, 
 
 shall he deemed to be employed contrary to the 
 provisions of this Act. 
 
 If in a factory or workshop such whole holidays 
 or half holidays as required by this section are 
 not fixed in conformity therewith, the occupier of 
 the factory or workshop shall be liable to a fine of 
 not exceeding five pounds. 
 
 (a) For the Secretary of State's power to give different 
 sets of children, young persons, and women holidays at 
 different times in non- textile factories and workshops, see 
 section 49. 
 
 (6) For this sub-section, which was repealed by section 39 
 and Schedule 2 of the Act of 1891, the provisions of 
 section 16 of the Act of 1891, Tpost^ were substituted. 
 The effect of this enactment is, that notice of a holiday 
 must be given during the first week in January, and may 
 not be changed within fourteen days of the holiday to 
 which it applies ; but by section 17 of the Act of 1895, it 
 is not necessary to serve or affix notices if the holidays be 
 fixed for Christmas Day, Good Friday, and the four Bank 
 holidays. 
 
 The princij)le of the former Acts is retained, but the 
 details are altered. The effect is as follows : — 
 
 Eight half holidays must be given; and one whole 
 holiday may count as two half holidays. 
 
 In England and Ireland, Christmas Day must be given. 
 
 In England and Ireland, Good Friday may be given, but, 
 if not given, the first Bank holiday, i.e., Easter Monday, 
 must be given instead thereof. 
 
 In Scotland, instead of Christmas Day and Good Friday, 
 or the next public holiday, the two days set apart for the 
 sacramental fast day of the parish, or two other days fixed 
 by magistrates must be given (see s. 105, par. 2, as amended 
 by the Act of 1891, s. 33). 
 
 In Ireland the whole of the seventeenth day of March 
 may be given as a holiday, which will be reckoned as two 
 of the eight half holidays. If the seventeenth day of March 
 fall upon a Sunday, then either Good Friday or Easter 
 Tuesday must be given (see Act of 1891, s. 34). 
 
Education of Children. 29" 
 
 The provisions as to the eight half holidays do not apply 1878 Act,, 
 to male young persons employed in day and night sets Sect. 22. 
 (s. 58), or to domestic workshops (s. 16) (see s. 61). 
 
 (5.) Education of Children, 
 23. The parent(a) of a child employed in a ^^t^^Janoe 
 factory or in a workshop shall cause that child to p^SS faf a 
 attend some recognised efficient school(6) (which ^oSop 
 school may be selected by such parent), as follows : 
 
 (1.) The child, when employed in a morning or 
 afternoon set, shall in every week, during 
 any part of which he is so employed, be 
 caused to attend on each work day for 
 at least one attendance ; and 
 
 (2.) The child, when employed on the alternate 
 day system, shall on each work day pre- 
 ceding each day of employment in the 
 factory or workshop be caused to attend 
 for at least two attendances : 
 
 (3.) An attendance for the purpose of this 
 section shall be an attendance as defined 
 for the time being by the Secretary of 
 State with the consent of the Education 
 Department, and be between the hours 
 of eight in the morning and six in the 
 evening : 
 
 Provided that — 
 
 (a.) A child shall not be required by this Act 
 to attend school on Saturday or on any 
 holiday or half holiday allowed under 
 this Act in the factory or workshop in 
 which the child is employed ; and 
 
50 Factory and Workshop Act, 1878. 
 
 1878 Act, (?;.) Tlie non-attendance of the child shall be 
 _1 ■ excused on every day on which he is 
 
 certified by the teacher of the school to 
 have been prevented from attending by 
 sickness or other unavoidable cause, also 
 when the school is closed during the 
 ordinary holidays or for any other tem- 
 porary cause ; and 
 (c.) Where there is not within the distance of 
 two miles, measured according to the 
 nearest road, from the residence of the 
 child, a recognised efficient school which 
 the child can attend, attendance at a 
 school temporarily approved in writing 
 by an inspector under this Act, although 
 not a recognised efficient school, shall for 
 the purposes of this Act be deemed 
 attendance at a recognised efficient school 
 until such recognised efficient school as 
 aforesaid is established, and with a view 
 to such establishment the inspector shall 
 immediately report to the Education 
 Department every case of the approval 
 of a school by him under this section. 
 A child who has not in any week attended 
 school for all the attendances required by this sec- 
 tion shall not be employed in the following week, 
 until he has attended school for the deficient 
 number of attendances. 
 
 The Education Department shall from time to 
 time, by the publication of lists or by notices or 
 otherwise, as they think expedient, provide for 
 giving to all persons interested information of the 
 
Education of Children. 31 
 
 schools in each school district which are recognised 1878 Act, 
 efficient schools. —1 
 
 (a) By section 96, " parent" includes guardian, &c. 
 (6) " Kecognised efficient school " is defined by section 95 
 as a public elementary school within the meaning of the 
 Elementary Education Acts. In the case of Scotland and 
 Ireland, see section 105, par. 1, and section 106, par. 1. 
 Cf. Elementary Education Act, 18V0, ss. 7, 74. 
 
 The attendance required is " one school attendance " as 
 prescribed by the authorities (paragraph 3), which has been 
 defined to be "an attendance for instruction in secular 
 subjects for a period of not less than two hours." London, 
 Edinburgh, and Dublin Gazettes of 31st December, 1878. 
 
 Paragraph (c.) authorises the inspector temporarily to 
 approve a school in localities where there is no certified 
 efficient school, attendance at which will be legal. 
 
 By this section, if a child, having missed an attendance 
 in one week, make up for it iDy an extra attendance in the 
 week following, it may legally be employed in such week 
 after the lost time has been made up. 
 
 This section makes it imperative that a child shall attend 
 school on every day on which the school is open in every 
 week, or any part of which the child is employed, i.e., the 
 child must attend school either in the afternoon of the day 
 on which he commenced to work, or in the morning of the 
 following day. 
 
 There is no educational restriction placed by this Act 
 upon taking children under thirteen years of age into 
 employment ; that is to say, no certificate of standard of 
 proficiency or previous attendance is required ; but by the 
 Elementary Education Act, 1880, s. 4, it is enacted that 
 children may not be employed unless they have complied 
 with the requirements as to standards or previous due 
 attendance fixed by the bye-laws of the district in which 
 they reside, and the inspectors of factories are required to 
 enforce the bye-laws upon employers, while the local autho- 
 rities enforce them upon parents. And it must be under- 
 stood that even though the bye-law of a school board or 
 school attendance committee exempt a child under thirteen 
 from school attendance on having obtained a certificate of 
 proficiency, that certificate will not authorise it to work for 
 full time, in a factory or a workshop, or exempt it from the 
 necessity of attending school under this Act. 
 
 By the Education (Scotland) Act, 1883, s. 6, a child 
 between the ages of ten and fourteen cannot be taken into 
 employment after the 1st September, 1885, unless such 
 
32 Factory and Workshop Act, 1878. 
 
 1878 Act, child has passed the third standard. By section 7 of the 
 Sect. 23. same Act, a child having passed the fifth standard is not 
 required to attend school. 
 
 S?sSS^ 24. The occupier of a factory or workshop in 
 Srtm^i?f which a child is employed shall on Monday in 
 offSry OT every week (after the first week in which such 
 workshop. ^^^^ began to work therein) or on some other 
 day appointed for that purpose by an inspector, 
 obtain from the teacher of the recognised efficient 
 school attended by the child, a certificate (accord- 
 ing to the prescribed form and directions) re- 
 specting the attendance of such child at school in 
 accordance with this Act. 
 
 The employment of a child without obtaining 
 such certificate as is required by this section shall 
 be deemed to be employment of a child contrary 
 to the provisions of this Act. 
 
 The occupier shall keep every such certificate 
 for two months after the date thereof, if the child 
 so long continues to be employed in his factory or 
 his workshop, and shall produce the same to an 
 inspector when required during that period. 
 
 The certificate of school attendance is to be in such form 
 as is prescribed by the Secretary of State (see ss. 77 and 96). 
 
 By section 15 of the Act of 1895, section 77 of this Act 
 is made to apply to all workshops to which section 53 of 
 this Act applies. 
 
 Payment by 25. The board authority or persons who manage 
 application a rccogniscd efficient school attended by a child 
 schooling of emplovcd in a factory or workshop, or some per- 
 
 child,and ^ .1 . 1 1 1 1 J rC '^ 
 
 deduction of son authorised by such board authority or person, 
 
 wages. may apply in writing to the occupier of the factory 
 
 or workshop to pay a weekly sum specified in the 
 
Education of Children, 33 
 
 application, not exceeding threepence and not 1878 Act, 
 exceeding one-twelfth part of the wages of the — - 
 child, and after that application the occupier, so 
 long as he employs the child, shall be liable to 
 pay to the applicants, while the child attends their 
 school, the said weekly sum, and the sum may be 
 recovered as a debt, and the occupier may deduct 
 the sum so paid by him from the wages payable 
 for the services of the child. 
 
 26. When a child of the age of thirteen years Empioy- 
 has obtained from a person authorised by the yo^°» pe?- 
 Education Department a certificate of having oJtetafnfr 
 attained such standard of proficiency in reading, J^^J^^r. 
 writing, and arithmetic, or such standard of pre- *^*°**®- 
 vious due attendance at a certified efficient school, as 
 hereinafter mentioned, that child shall be deemed 
 to be a young person for the purposes of this Act. 
 
 The standards of proficiency and due attendance 
 for the purposes of this section shall be such as 
 may be from time to time fixed for the purposes 
 of this Act by a Secretary of State, with the con- 
 sent of the Education Department, and the stan- 
 dards so fixed shall be published in the London 
 Gazette^ and shall not have effect until the expira- 
 tion of at least six months after such publication. 
 
 Attendance at a certified day industrial school 
 shall be deemed for the purposes of this section to 
 be attendance at a certified efficient school. 
 
 By the Factory Act, 1874, a certificate of a standard of 
 proficiency was required only in textile factories, and by 
 the Elementary Education Act, 1876, a similar standard 
 was required in regard to non-textile factories and work- • 
 shops. This was applicable only to England and Wales, 
 
34 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, and consequently this section creates no new regulation in 
 Sect. 26. England and Wales. 
 
 This regulation, however, was entirely new for Scotland 
 and Ireland. 
 
 By this section the certificate may be either of a standard 
 attained after examination, or of a certain number of 
 attendances at a certified efficient school, an enactment 
 similar to the general provisions of the Elementary Educa- 
 tion Act, 1876. 
 
 The original standards for England and Wales fixed by 
 Order of tne Secretary of State for the Home Department, 
 with the consent of the Education Department, were 
 published in the London Gazette of 25th February, 1879. 
 They were as follows : — 
 
 The standard of proficiency for the purpose of a certificate 
 of proficiency shall be the standard of reading, writing, and 
 elementary arithmetic fixed by Standard 4 of the Code of 
 1876, or any higher standard which may be attained by the 
 child. 
 
 The Fourth Standard is as follows ; — 
 Reading : 
 
 To read with intelligence a few lines of prose or 
 poetry selected by the inspector. 
 Writing : 
 
 Eight lines slowly dictated once from a reading 
 book, copy books to be shown (improved small 
 hand). 
 Arithmetic : 
 
 Compound rules (money), and reduction (common 
 
 weights and measures). 
 
 The standard of previous due attendance at a certified 
 
 efficient school for the purpose of a certificate of previous 
 
 due attendance shall be those shown in the following table : 
 
 
 The Standard of previous due Atten- 
 dance shali be 
 
 During the Year. 
 
 The following 
 Number of 
 Attendances 
 after a child has 
 attained Five 
 Years of Age. 
 
 In not more than Two 
 
 Schools during each 
 
 Year for the following 
 
 Number of Years, 
 
 whether consecutive 
 
 or not 
 
 1881 and following years 
 
 250 
 
 Five. 
 
 By order gazetted 4th March, 1892, the above Order was 
 revoked, ana the following substituted therefor, to come 
 into effect on the 4th September, 1892 : — 
 
Education of Children. 
 
 ^ 
 
 1. The standard of proficiency for the purpose of a 1878 Act, 
 
 certificate of proficiency shall, for the factories and Sect. 26. 
 workshops of each school district, be the Fourth 
 Standard. But, in districts where the byelaws of 
 the school authority have fixed, or shall hereafter 
 fix, a standard higher than the Fourth Standard 
 as the standard of education for the total exemp- 
 tion of a child between 10 and 13 years of age from 
 the obligation to attend school under the Elemen- 
 tary Education Acts, the standard of proficiency 
 for the purposes of this Order shall be such higher 
 standard. 
 
 2. Certificates of proficiency may be granted by the 
 
 persons and in the manner prescribed by Articles 
 4, 5, 6, 7, and 8 of the Revised Regulations of the 
 Education Department, dated the 12th April, 1883. 
 
 3. The standard of previous due attendance at a certified 
 
 efficient school for the purpose of a certificate of 
 previous due attendance shall be as follows : — 
 
 The following 
 Number of 
 
 Attendances 
 
 each Year after 
 
 a Child has 
 
 attained Five 
 
 Years of Age. 
 
 250 
 
 In not more than Two 
 
 Schools during each 
 
 Year for the following 
 
 Number of Years, 
 
 whether consecutive 
 
 or not. 
 
 Five. 
 
 By Order gazetted 16th August, 1892, the coming into 
 operation of the above-substituted Order was postponed 
 until 1st September, 1893. 
 
 The above have been revoked by the following : — 
 Gazetted 8th August, 1893. 
 
 Whereas on 15th February, 1879, an Order was made by 
 the Secretary of State fixing a standard of proficiency and 
 standards of previous attendance at school. 
 
 And whereas on 20th February, 1892, another Order was 
 made revoking the Order of 15th February, 1879, but 
 before it came into operation it was by another Ord^r 
 suspended, and now stands suspended until the 1st day of 
 September, 1893, 
 
 Now I, the Right Honourable Herbert H. Asquith, one 
 
 of Her Majesty's principal Secretaries of State, with the 
 
 consent of the Lords of the Committee of the Privy Council 
 
 on Education, hereby for the purpose of the above- 
 
 d2 
 
36 Factory and Workshop Act, 1878. 
 
 1878 Act, mentioned enactment, and so far only as the same relates- 
 Sect. 26, to England and Wales, order as follows : — 
 
 1. The Order of the Secretary of State dated 20th 
 February, 1892, is hereby revoked. 
 
 2. Between the date of this Order and the 1st of 
 September, 1894, the Order of the Secretary of State dated 
 15th February, 1879, shall continue to be in force. 
 
 3. From and after the 1st day of September, 1894, the 
 Order of the Secretary of State dated 15th February, 1879, 
 shall be revoked, and instead thereof the following pro- 
 visions shall take effect, that is to say : — 
 
 (a.) The standard of proficiency for the purpose of a 
 certificate of proficiency to be given to any child 
 shall be Standard No. 5, as fixed by the Code of 
 1893, of reading, writing, and arithmetic, or any 
 higher standard which may be attained by the 
 child. 
 
 Certificates of proficiency may be granted by 
 the persons prescribed by Articles 3 — ^8 and 30 of 
 the Code of 1893. 
 
 (6.) The standard of previous due attendance at a 
 certified efficient school for the purpose of a 
 certificate of previous due attendance shall in the 
 case of any child be 250 attendances (after such 
 child has attained five years of age) in not more 
 than two schools during each year for five years, 
 whether consecutive or not. 
 
 Certificates of previous due attendance at school 
 may be granted by the persons prescribed by 
 sections 10, 11 and 12 of the Regulations of the 
 Education Department, dated 27th February, 1893. 
 
 The standards for Scotland fixed by Order by the Secre- 
 tary of State for the Home Department, with the consent 
 of the Scotch Education Department, are published in the 
 Edinburgh Gazette, 28th February, 1879. They are as 
 follows : — 
 
 The standard of proficiency for the purpose of a certificate 
 of proficiency shall be the standard of reading, writing, and 
 elementary arithmetic fixed by Standard 5 of the Code of 
 1878, or any higher standard which may be attained by the 
 child. 
 
 The Fifth Standard is as follows : — 
 Reading : 
 
 Reading with expression a short passage of prose or 
 
 poetry, with explanation, grammar, and elementary 
 
 analysis of simple sentences. 
 
Education of Children. 37 
 
 Writing: 1878 Act, 
 
 Writing from memory the substance of a short story Sect. 26. 
 or narrative read out twice by the inspector ; 
 spelling, grammar, and handwriting to be con- 
 sidered. 
 
 N.B. — An exercise in dictation may, at the dis- 
 cretion of the inspector, be given in 
 place of either of the above. 
 Arithmetic : 
 
 Practice, bills of parcels, and simple proportion. 
 The standard of previous due attendance at a certified 
 efficient school, for the purpose of a certificate of previous 
 due attendance, shall be 250 attendances after five years of 
 Age, in not more than two schools during each year, for five 
 years, whether consecutive or not. 
 
 Certificates of previous due attendance at school may be 
 granted — 
 
 (a.) In the case of a public school by the clerk of the 
 
 school board having the management of such 
 
 school, or by any teacher or ofl&cer of the board 
 
 specially deputed for the purpose by such board : 
 
 (6.) In the case of any other school by the principal 
 
 teacher of such school. 
 A fee not exceeding 6d may be charged for each certifi- 
 cate of previous due attendance by the person who grants 
 such certificate, being duly authorised in that behalf. 
 
 The standards for Ireland fixed by Order by the Lord- 
 Lieutenant and Privy Council in Ireland, are published 
 in the Dublin Gazette of 4th March, 1879. They are as 
 follows : — 
 
 The standard of proficiency for the purposes of the 26th 
 section of the said Act shall be the standard in reading, 
 writing, and elementary arithmetic, ]3rescribed by Order of 
 the Lord-Lieutenant in Council, bearing date the 11th day 
 of August, 1876, made under and pursuant to the provisions 
 of the Factory Act, 1874, or any higher standard which may 
 be attained by the child. 
 
 The following is the standard fixed by such Order of the 
 Lord-Lieutenant in Council : — 
 Reading : 
 
 Reading intelligently any passage from the Fourth 
 Book of Lessons published by the said commis- 
 sioners, or from a book of equal difficulty. 
 Writing : 
 
 Writing in small hand eight lines dictated slowly from 
 a reading book; spelling and handwriting to be 
 considered : 
 
m 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, Arithmetic : 
 
 Sect. 26. Compound rules (money), and reduction of common 
 
 weights and measures. 
 The standard of previous due attendance for the purpose* 
 of the 26th section of the said Act shall be that shown in 
 the following table : 
 
 
 The Standard of previous due Atten- 
 dance shall be 
 
 During the Year. 
 
 The following 
 Number of 
 Attendances 
 after a Chili has 
 attained Five 
 Years of Age. 
 
 In not more than Two 
 
 Schools during each 
 
 Year for the following 
 
 Number of Years, 
 
 whether consecutive 
 
 or notT 
 
 1879 ... - 
 
 1880 - - - 
 
 1881 and following years 
 
 200 
 200 
 200 
 
 Three 
 Four. 
 Five. 
 
 Any principal or sole teacher of a national school, or 
 other certified efficient school in Ireland, may grant, and is 
 authorised to grant, certificates of proficiency and of pre- 
 vious due attendance. 
 
 (6.) Certificates of Fitness for Employment. 
 
 Certificate g^^ In a factory a cliild or a young person under 
 for employ- the age of sixteen years shall not be employed for 
 children moro than seven, or if the certifying surgeon (a) 
 
 and young , ^ \ j o n \ / 
 
 pereons for the district resides more than three miles from 
 
 under 16 In 
 
 factories, the factory, thirteen work days, unless the occupier 
 of the factory has obtained a certificate, in the 
 prescribed form, of the fitness of such child or 
 young person for employment in that factory. 
 
 A certificate of fitness for employment for the 
 purposes of this Act shall be granted by the 
 certifying surgeon for the district, and shall be to 
 the effect that he is satisfied, by the production of 
 
Certificates of Fitness. 39 
 
 a certificate of birtli(6) or other sufl&cient evi- 1878 Act, 
 dence(c) that the person named in the certificate ^®?^ '• 
 of fitness is of the age therein specified and has 
 been personally examined by him and is not in- 
 capacitated by disease or bodily infirmity for 
 working daily for the time allowed by law in the 
 factory named in the certificate. 
 
 {a) For appointment of certifying surgeons, see s. 72. 
 
 By the Factory Act, 1844, a certiticate might be granted 
 by any surgeon, under certain conditions, but by this 
 section it can only be granted by the duly appointed 
 certifying surgeon. 
 
 When no certifying surgeon has been appointed, the 
 Poor Law Medical Officer may act in England (see s. 71) ; 
 the Medical Officer under the Public Health Act in Scot- 
 land (see 8. 105, par. 4); and the Dispensary Doctor in 
 Ireland (see s. 106, par. 4). 
 
 (6) The certifying surgeon had formerly been called upon 
 to grant a certiticate of age. This duty is no longer cast 
 upon him. The age of the person must be proved by a 
 certificate of birth, or in the case of the non-registration of 
 birth, by some equivalent proof. The certificate of birth 
 being produced, the certifying surgeon has then to certify 
 that the person presented to him is fit for employment in 
 the words used in this section. 
 
 In those cases in which a certificate of birth has not been 
 produced, if an inspector consider a child or young person 
 for whom the certifying surgeon has granted a certificate of 
 fitness to be under the age alleged, he may annul such 
 certificate (see s. 30). 
 
 As to what shall be considered a certificate of birth, see 
 section 30. 
 
 The section imposes an important responsibility upon 
 the occupier of a factory, for by it the certificate of fitness 
 cannot be granted until a certificate of birth or other 
 sufficient evidence has been previously obtained ; hence 
 the employment of a child or young person being under 
 age before the grant of a certificate of fitness would be 
 illegal, and care should be taken that certificates of birth 
 are produced when fresh hands are taken on. 
 
 Certificates of fitness are not required to be produced in 
 workshops. The occupier is, therefore, directly responsible 
 that the persons whom he employs are not under the 
 prescribed ages, and it is the more incumbent upon him to 
 require certificates of birth to be obtained. 
 
40 Factory and Workshop Act^ 1878. 
 
 1878 Act, (c) It has been decided that the " other sufficient evi- 
 Sect. 27. dence " under this section shall, as respects children, be a 
 
 statutory declaration before a magistrate. 
 
 Provision for special inquiries and re-examination of 
 
 children and young persons by certifying surgeons is made 
 
 by section 46 of the Act of 1895. 
 
 Certificate PR. In Order to enable occupiers of workshops 
 
 of fitness «^w n i . a i 
 
 for employ- to better sccurc the observance of this Act, and 
 
 ment of • i • i i 
 
 children prevent the employment m their workshops or 
 
 andyoung ^ j ^ xx. c - 
 
 persons children and young persons under the age oi six- 
 workshops, teen years who are unfitted for that employment, 
 an occupier of a workshop is hereby authorised to 
 obtain, if he thinks fit, from the certifying sur- 
 geon for the district, certificates of the fitness of 
 children and of young persons under the age of 
 sixteen years for employment in his workshop, in 
 like manner as if that workshop were a factory, 
 and the certifying surgeon shall examine the 
 children and young persons, and grant certificates 
 accordingly. 
 
 If the occupier of a workshop should desire to have the 
 services of the certifying surgeon, this section prescribes the 
 same course to be followed as in factories. 
 
 Power of 29. Where an inspector is of opinion that a 
 
 inspector to ~^- ^ j ^1, i- • + 
 
 require child or a vouuff persou under the age oi sixteen 
 
 surgical . . . . 
 
 certificate years is bv disease or bodily infirmity incapacitated 
 
 of capacity "^ ^ . *' . . 
 
 of child for working daily for the time allowed by law in 
 
 or young o ./ ^ ^ >/ 
 
 person the factory or workshop in which he is employed, 
 work. be may serve written notice thereof on the occupier 
 of the factory or workshop, requiring that the 
 employment of such child or young person be 
 discontinued from the period named therein, not 
 being less than one nor more than seven days after 
 the service of such notice, and the occupier shall 
 
Certificates of Fitness, 41 
 
 ^ot continue after the period named in such 1878 Act, 
 notice to employ such child or young person (not- -^ 
 withstanding a certificate of fitness has been pre- 
 viously obtained for such child or young person), 
 unless the certifying surgeon for the district has, 
 after the service of the notice, personally examined 
 such child or young person and has certified that 
 such child or young person is not so incapacitated 
 as aforesaid. 
 
 30. All factories and workshops in the occn- meuS pro- 
 pation of the same occupier, and in the district of SScates*" 
 the same certifying surgeon, or any of them, may ^mpioy^^^'^ 
 be named in the certificate of fitness for employ- °^^°** 
 ment, if the surgeon is of opinion that he can truly 
 give the certificate for employment therein. 
 
 The certificate of birth(a) (which may be pro- 
 duced to a certifying surgeon) shall either be a 
 certified copy of the entry in the register of births, 
 kept in pursuance of the Acts relating to the 
 registration of births, of the birth of the child or 
 young person (whether such copy be obtained in 
 pursuance of the Elementary Education Act, 1876, ^^^^^^^"^^ 
 or otherwise), or be a certificate from a local 
 authority within the meaning of the Elementary 
 Education Act, 1876, to the effect that it appears 
 from the returns transmitted to such authority in 
 pursuance of the said Act by the registrar of births 
 and deaths that the child was bom at the date named 
 in the certificate. 
 
 Where a certificate of fitness for employment is 
 to the effect that the certifying surgeon has been 
 satisfied of the age of a child or young person by 
 
42 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, evidence other than the production of a certificate- 
 — ^ ' of birth, an inspector may, by notice in writings 
 annul the surgeon's certificate, if he has reasonable 
 cause to believe that the real age of the child 
 or young person named in it is less than that 
 mentioned in the certificate, and thereupon that 
 certifi:cate shall be of no avail for the purposes of 
 this Act. 
 
 When a child becomes a young person, a fresh 
 certificate of fitness must be obtained. 
 
 The occupier shall, when required, produce to 
 an inspector at the factory or workshop in which 
 a child or young person is employed, the certifi-^ 
 cate of fitness of such child or young person for 
 employment, which he is required to obtain under 
 this Act. 
 
 (a) A certificate of birth (on payment of a fee of sixpence) 
 may now be procured for children or young persons under 
 the age of sixteen years by the provisions of section 20 of 
 the Act of 1891, vost 
 
 [Notice of 
 accidents 
 causing 
 death or 
 todily 
 injury.^ 
 Repealed by 
 Act of 1895. 
 
 (7.) Accidents. 
 
 [31. WJiere tJiere occurs in a factory or work- 
 shop any accident which either — 
 
 (a.) Causes loss of life to a person employed in 
 tJie factory or in the ivorkshop, or 
 
 (5.) Causes bodily injury to a person employed 
 in the factory or in tJie workshop, and 
 is produced either by machinery moved 
 by steam, water, or other mechanical 
 power, or through a vat, pan, or other 
 structure filled with hot liquid or molten 
 metal or other substance, or by explosion^ 
 
Accidents. 43- 
 
 or by escape of gas, steam, or metal, (a) 1878 Act, 
 and is of such a nature as to prevent tlw — ^ 
 person injui^ed by it from returning to his 
 work in tJie factory or workshop within 
 forty-eight hours after the occurrence of 
 the accident, 
 loritten notice of tlw accident shall forthwith be sent 
 to the inspector and to the certifying surgeon for the 
 district, stating tlw residence of the person killed or 
 injured, or the place to which he may have been 
 removed, and if any such notice is not sent, tJw 
 occupier of the factory or workshop shall be liable to 
 a fine not exceeding five pounds. 
 
 If any such accident as aforesaid occurs to a 
 person employed in an iron mill or blast furnace, 
 or other factory or workshop, wliere the occupier is 
 not the actual employer of tlie person killed or 
 injured, tJw actual employer shall immediately report 
 tlie same to tlie occupier, and in default shall be 
 liable to a fine not exceeding five pounds. 
 
 A notice of an accident of which notice is required 
 by section sixty-three of tlie Explosives Act, 1875, to l^^ ^^ ^^*''* 
 be sent to a government inspector, need not be sent to 
 the certifying surgeon in pursuance of this section.~\(J}) 
 
 (a) The words from " and is of such a nature " to 
 " occurrence of the accident/' were repealed by section 39 
 and Schedule II., of the Act of 1891 ; and section 22 (1) of 
 that Act made provisions in substitution for them. 
 
 (6) The whole section is now, however, repealed by the 
 Act of 1895. And section 18 of that Act {q. v.) now takes 
 its place. 
 
 All accidents, in factories or workshops, involving a 
 certain period of absence from ordinary work, must now be 
 reported to the inspector, and such as arise from machinery, 
 &c., must also be reported to the certifying surgeon. 
 
 Upon the occurrence of an accident, it is the duty of 
 
44 Factory and Worksliop Act, 1878. 
 
 1878 Act, the occupier to send notice thereof to the inspector for 
 Sect. 31. the district, and if the accident causes loss of life, or is 
 caused by machinery moved by steam, water, or other 
 mechanical power, or through a vat, &c., filled with hot 
 liquid or molten metal, or by explosion or escape of gas, 
 steam, or metal, notice shall be sent to the certifying 
 surgeon for the district, unless notice is required by 
 section 63 of the Explosives Act to be sent to a government 
 inspector. 
 
 If a certifying surgeon be obstructed in making an 
 investigation, the penalty will be the same as for obstruct- 
 ing an inspector. 
 
 For " powers of inspector," see section 68. 
 
 Where the occupier is not the actual employer of the 
 person killed or injured, the actual employer shall im- 
 mediately report the same to the occupier, whose duty it 
 will be to send notice to the inspector. 
 
 Further, by sections 22 (iv.) and 23 (2) of the Act of 
 1895 {fi. v.\ it is enacted that the provisions of that Act with 
 respect to notice of accidents, and the formal investigations 
 into them, shall have effect as if ; (1) laundries (s. 22 (iv.) ) ; 
 
 (2) docks, wharves, quays and warehouses (s. 23 (a) ) ; 
 
 (3) buildings in construction by the aid of mechanical 
 jDower (s. 23 (6) ) ; and also 
 
 (4) (a.) Any building exceeding 30 feet in height, and 
 
 which is being constructed, or repaired by means 
 
 of a scaffolding ; and 
 (6.) Any building exceeding 30 feet in height, in which 
 
 more than 20 persons not being domestic servants 
 
 are employed for wages ; 
 were included in the word " factory," and as if, in the first 
 case, the employer of the persons engaged in the construc- 
 tion or repair, and, in the second case, the occupier of the 
 building, were the occupier of a factory. 
 
 It will be noted that " employed for five hours on his 
 ordinary work" now supersedes the recent expression 
 " doing five hours' work," thus settling the class of work to 
 which the injured person returns (s. 31, Act of 1878; 
 s. 22, Act of 1891 ; s. 18, Act of 1895). 
 
 investiga- 32. Where a certifying surgeon receives in 
 
 acSdents'b P'^^^'suance of this Act notice of an accident in a 
 
 certifying factory or a workshop, he shall with the least 
 
 possible delay proceed to the factory or workshop, 
 
 and make a full investigation as to the nature and 
 
Accidents. 45 
 
 cause of the death or injury caused by the acci- l^'^^"^9j'> 
 dent, and within the next twenty-four hours send — ^ 
 to the inspector a report thereof. 
 
 The certifying surgeon, for the purpose only of 
 an investigation under this section, shall have the 
 same power as an inspector, and shall also have 
 power to enter any room in a building to which 
 the person killed or injured has been removed. (a) 
 
 There shall be paid to the said surgeon for the 
 investigation such fee, not exceeding ten nor less 
 than three shillings, as a Secretary of State con- 
 siders reasonable, which fee shall be paid as ex- 
 penses incurred by a Secretary of State in the 
 execution of this Act. 
 
 The following is the scale of fees fixed by the Secretary 
 of State : — 
 
 For the examinations and report on any accident which 
 do not require the surgeon to travel a greater distance than 
 one mile ; a fee of three shillings. 
 
 For the examinations and report on any accident which 
 may require the surgeon to travel more than one mile, and 
 not more than two miles ; four shillings. 
 
 For the examinations and report on any accident which 
 may require the surgeon to travel more than two, and not 
 more than three miles ; five shillings. 
 
 And in addition for every half mile beyond three miles ; 
 sixpence. 
 
 But no fee shall exceed the sum of ten shillings. 
 
 (a) Further regulations, by section 22 of the Act of 1891, 
 require the coroner to send notice of an inquest or fatal 
 accident in a factory or workshop to the district inspector ; 
 and by section 19 of the Act of 1895, the coroner is required 
 to adjourn the inquest, unless the inspector or some person 
 on behalf of a Secretary of State is present, subject to 
 other provisions in the same section (g. v.). 
 
 Section 20 of the Act of 1895 {q. v.), makes the further 
 provision that the occupier shall keep a register of all 
 accidents occurring in his factory or workshop, and enter 
 every accident within a week of its occurrence ; and that 
 the inspector and certifying surgeon shall at all times 
 have inspection of this register, under j^ain of a penalty 
 of lOL 
 
46 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, 
 Sect. 331 
 
 Limewash- 
 ingand 
 washing 
 of the 
 interior of 
 factories 
 and 
 workshops. 
 
 PART II. 
 
 Special Provisions Relating to Particular 
 Classes of Factories and Workshops. 
 
 (1.) Special Provisions for Health in certain 
 Factories and Workshops. 
 
 33. For the purpose of securing the observance 
 of the requirements of this Act as to cleanKness in 
 every factory [and workshop"], all the inside walls 
 of the rooms of a factory [or workshop"]^ and all 
 the ceilings or tops of such rooms (whether such 
 walls, ceiHngs, or tops be plastered or not), and 
 all the passages and staircases of a factory [or 
 workshop]^ if they have not been painted with 
 oil or varnished once at least within seven 
 years, shall be limewashed once at least within 
 every fourteen months, to date from the period 
 when last limewashed ; and if they have been so 
 painted or varnished, shall be washed with hot 
 water and soap once at least within every four- 
 teen months, to date from the period when last 
 washed. 
 
 A factory [or workshop"] in which there is a 
 contravention of this section shall be deemed not 
 to be kept in conformity with this Act. 
 
 Where it appears to a Secretary of State that 
 in any class of factories [or workshops] or parts 
 thereof, the regulations in this section are not 
 required for the purpose of securing therein the 
 observance of the requirements of this Act as to 
 
Liviewasliing and Cleanliness. 4tl 
 
 •cleanliness, or are by reason of special circum- 1878 Act, 
 stances inapplicable, he may, if he thinks fit, by _L 
 order made under this part of this Act, grant to 
 such class of factories \_or workshops^ or parts 
 thereof, a special exception that the regulations 
 in this section shall not apply thereto.(a) 
 
 {a) By the Act of 1891, s. 3, fost^ this section is not to 
 apply to workshops, and by section 39 and Schedule 2 of 
 that Act, the words in italics are repealed. 
 
 By section 24 (1) {d) of the Act of 1895, post, in cases 
 where the factory is a tenement factory, the responsibility 
 for the lime washing and washing of the interior as provided 
 for under this section, is transferred from the occupier to 
 the owner of such tenement factory, except in the case of 
 an occupier whose rent exceeds 200^. a year. 
 
 Periodical limewashing was required in all textile fac- 
 tories ; and in the factories under the Act of 1864. 
 
 By the Factory Act, 1867, limewashing was not required, 
 but all factories were to be kept in a cleanly state. 
 
 So in the Workshops Act, 1867, limewashing was not 
 required, but they were to be under the regulations of the 
 local sanitary authorities. 
 
 By this Act, limewashing and other specified means of 
 cleansing are to be carried out periodically in every factoiy. 
 The local authority is empowered to direct the lime- 
 washing, cleansing, and purifying of workshops by s. 4 of 
 the Act of 1891. 
 
 But as under the Act of 1864, certain parts of factories 
 under that Act where exempted from the necessity of being 
 limewashed, and as it would be impossible to limewash 
 some factories, power is given to the Secretary of State to 
 exempt from these provisions factories or workshops, or 
 parts thereof, in which it may not appear to be neces- 
 sary. This power, however, does not extend to lessen the 
 duty of the occupier in respect to cleanliness, &c., enjoined 
 in section 3. 
 
 Under this section the Secretary of State issued an 
 Order gazetted 22nd December, 1882, authorising as 
 follows : — 
 
 SCHEDULE A. 
 
 The exemption of tbe whole of the following non-textile 
 factories : — 
 
 Blast furnaces. 
 Copper miUfl. 
 
48 Factory and Workshop Act, 1878. 
 
 1878 Act, Iron mills. 
 Sect. 33. Foundries.(a) 
 
 — Distilleries. 
 
 Breweries. 
 
 Sugar factories. 
 
 Cement works. 
 
 Manure works. 
 
 Stone and marble works. 
 
 Paint, colour, and varnish works. 
 
 Chemical works. 
 
 Works in which alkali is used. 
 
 Glass factories. 
 
 Flax scutch mills in which neither children nor 
 young persons are employed, and which are worked 
 intermittently for not more than six months in the 
 year. 
 
 Works in which there are no glazed windows. 
 
 (a) Kescinded by Order, gazetted 15th June, 1894, as 
 regards " foundries in which brass mixing or brass casting 
 is carried on." And amended by Order of 19th March, 
 1895, to apply to " foundries," only with proviso that the 
 inspector may require limewashing in accordance with last 
 paragraph of the order of exemption. 
 
 SCHEDULE B. 
 
 The partial exemption of the parts of non-textile factories 
 as hereinafter mentioned : — 
 
 Such ware-rooms or other rooms in any non-textile fac- 
 tory as are used for the storage of articles (whether on 
 shelves or otherwise), and not for the constant carry- 
 ing on therein of any manufacturing process or handi- 
 craft. 
 
 Such parts of any non-textile factory as are subject to 
 the influence of steam evolved in the process of manu- 
 facture. 
 
 Such parts of any non-textile factory as are places in 
 which pitch, tar, or like material is used. 
 
 Such parts of any non-textile factory as are places in 
 which unpainted or unvarnished wood is manufac- 
 tured. 
 
 Such parts of any non-textile factory as are places in 
 which metal is moulded, cast, or founded.(a) 
 
 Such walls in a dwelling-house as are papered. 
 
 Such ceilings or tops of rooms in any non-textile factory 
 as are of slate or iron or are at least twenty feet from 
 the floor. 
 
Limewashing and Cleanliness in Bakehouses, 49 
 
 All ceilings or tops of rooms in any non-textile factory 1878 Act, 
 in which any of the following occupations are carried Sect. 33. 
 on : — 
 
 Printworks. 
 
 Bleachworks. 
 
 Dyeworks. 
 
 Engineering and machine shops. 
 
 Agricultural implement making. 
 
 Coachmaking. 
 
 Fellmongers, curriers, tanners. 
 
 Making of aerated water. 
 
 Making of preserved fruits, sweetmeats, bonbons. 
 
 Engraving. 
 
 Manufacture of starch, soap, candles. 
 
 Corn flour mills. 
 
 Manufacture of watch movements, shaving, boring, 
 turning, and fitting of brass. 
 Provided also, as to Schedule B. 
 
 That the special exception shall not apply to such part 
 of any factory as does not afford clear 300 cubic feet 
 for each person employed in such part. 
 That if it appear to an inspector that any part of a 
 factory for which part this exception has been granted 
 is not in a cleanly state, he may, by written notice, 
 require the occupier to limewash or wash the same ; 
 and in the event of the occupier failing to comply 
 with such requisition within two months from the date 
 of the notice, the special exception shall cease to apply 
 to any part of such factory. 
 
 (a) Kescinded by Order, gazetted 15th June, 1894, as 
 regards " foundries in which brass mixing or brass casting 
 are carried on." and amended by Order of 19th March, 
 1895, to apply to " foundries" only, with proviso that the 
 inspector may require limewashing in accordance with last 
 paragraph of order of exemption. 
 
 34. Where a bakehouse is situate in any city, hl^^paSS" 
 tov^n, or place containing, according to the last wSmng 
 published Census for the time being, a population fnterfor of 
 of more than five thousand persons, (a) all the ^''*^®^o"^^- 
 inside walls of the rooms of such bakehouse, and 
 all the ceiHngs or tops of such rooms (whether such 
 walls, ceilings, or tops be plastered or not), and 
 all the passages and staircases of such bakehouses 
 
50 Factory and Worksliop Act, 1878. 
 
 1878 Act, shall either be painted with oil or varnished or 
 — ^ ' be limewashed, or be partly painted or varnished 
 and partly limewashed ; where painted with oil 
 or varnished there shall be three coats of paint 
 or varnish, and the paint or varnish shall be 
 renewed once at least in every seven years, and 
 shaU be washed with hot water and soap once at 
 least in every six months ; where limewashed the 
 limewashing shall be renewed once at least in 
 every six months. 
 
 A bakehouse in which there is any contravention 
 of this section shall be deemed not to be kept in 
 conformity with this Act. 
 (a) See notes to section 35 below. 
 
 Provision as 35 Where a bakehouse is situate in any city, 
 
 to sleeping v^v^» ^ ^ ^ j jj 
 
 piaco^near towu, or placc Containing, according to the last 
 published Census for the time being, a population 
 of more than five thousand persons (a) a place on 
 the same level with the bakehouse and forming part 
 of the same building, shall not be used as a sleep- 
 ing place, unless it is constructed as follows ; that 
 is to say, 
 
 Unless it is effectually separated from the bake- 
 house by a partition extending from the floor 
 to the ceiling ; and 
 Unless there be an external glazed window of at 
 least nine superficial feet in area, of which at 
 the least four and a half superficial feet are 
 made to open for ventilation. 
 Any person who lets or occupies or continues to 
 let or knowingly suffers to be occupied any place 
 contrary to this section, shall be liable to a fine 
 
Ventilation hy Fans, ^c, 51 
 
 not exceeding, for the first offence, twenty shillings, 1878 Act, 
 and for every subsequent offence, five pounds. (6) —1 ' 
 
 (a) By the Act of 1895, s. 27 (1), post, these two sections 
 (34 and 35) are made to apply to every bakehouse, and the 
 words limiting the operation of them to places having 5,000 
 inhabitants are repealed. 
 
 (b) A further important provision is made by section 27 
 (3) of the Act of 1895, to the effect that after the com- 
 mencement of the Act no new underground bakehouse 
 shall be opened. 
 
 The sanitary regulations laid down in sections 3, 33, 34, 
 and 35, are administered in the case of retail bakehouses 
 by the local authorities, and not by the inspectors of 
 factories. See Factory and Workshop Act, 1883, s. 17, 
 2)ost. 
 
 For a definition of retail bakehouses, see section 18 of the 
 Act of 1883. 
 
 36. If in a factory or workshop where grinding. Provision as 
 glazing, or polishing on a wheel, or any process is t^^J ^y ^ 
 carried on, by which dust is generated and inhaled JJ^^^^^^" 
 by the workers to an injurious extent, it appears 
 to an inspector that such inhalation could be to a 
 great extent prevented by the use of a fan or other 
 mechanical means, the inspector may direct a fan 
 or other mechanical means of a proper construc- 
 tion for preventing such inhalation to be provided 
 within a reasonable time ; and if the same is not 
 provided, maintained, and used, the factory or 
 workshop shall be deemed not to be kept in con- 
 formity with this Act. (a) 
 
 (a) Except in textile factories section 24 (1 e) of the Act of 
 1895(5'. "y.) Provides that the owner shall be liable in a tene- 
 ment factory instead of the occupier for the observance of 
 the provisions of this section so far as the section requires 
 the supply of pipes, or other contrivances for working the 
 Ian or other means for that purpose. 
 
 This section is extended in its operation by section 33 of 
 the Act of 1895 to any factory or workshop where any 
 
 e2 
 
^ Factory and Workshop Ac% 1878. 
 
 1878 Act, process is carried on by which any gas, vapour, or other 
 Sect. 36. impurity is j^enerated, and inhaled by the workers to an 
 injurious extent. 
 
 S^kers 37. ^ child, young person, or woman shall not 
 spinnfng. be employed in any part of a factory in which wet 
 spinning is carried on, unless sufficient means be 
 employed and continued for protecting the workers 
 from being wetted, and, where hot water is used» 
 for preventing the escape of steam into the room 
 occupied by the workers, (a) 
 
 A factory in which there is a contravention of 
 this section shall be deemed not to be kept in con- 
 formity with this Act. 
 
 (a) By Order, gazetted 5th January, 1894, certain pro- 
 cesses in flax mills and linen factories have been placed 
 under special rules by virtue of section 8 of Act of 1891. 
 
 (2.) Special Restrictions as to Employment^ Meals y 
 and Certificates of Fitness. 
 
 o/Smploy." 38. A child or youug person shall not, to the 
 SfiSdren extent mentioned in the First Schedule to this Act, 
 persons in be employed in the factories or workshops, or parts 
 factories or thereof named in that schedule. 
 
 Notice of the prohibition in this section shall be 
 affixed in a factory or workshop to which it applies^ 
 
 workshops. 
 
 o/taSng^" 39. A child, young person, or woman shall not 
 
 SrtaiiT be allowed to take a meal or to remain during the 
 
 faSortea timcs allowcd for meals in the parts of factories 
 
 shopI°'^" or workshops to which this section appHes ; and a 
 
 child, young person, or woman allowed to take a 
 
 meal or to remain in contravention of this section 
 
 shall be deemed to be employed contrary to the 
 
 provisions of this Act. 
 
Special Restrictions as to Employment, Meals, SfC, 53 
 
 Notice of the prohibition in this section shall be 1878 Act, 
 affixed in a factory or workshop to which it applies. — - 
 
 This section applies to the parts of factories or 
 workshops named in the Second Schedule to this 
 Act. 
 
 Where it appears to a Secretary of State that, 
 by reason of the nature of the process in any class 
 of factories or workshops, or parts thereof not 
 named in the said schedule, the taking of meals 
 therein is specially injurious to health, he may, if 
 he thinks fit, by order made under this part of this 
 Act, extend the prohibition in this section to the 
 said class of factories or workshops, or parts thereof. 
 
 If the prohibition in this section is proved to 
 the satisfaction of a Secretary of State to be no 
 longer necessary for the protection of the health 
 of children, young persons, and women in any 
 class of factories or workshops or parts thereof to 
 which the prohibition has been extended by an 
 order, he may, by an order made under this part 
 of this Act, rescind the order of extension, without 
 prejudice nevertheless to the subsequent making 
 of another order. 
 
 The Secretary of State has extended the prohibition in 
 this section to the factories and workshops, and parts 
 thereof, named in an Order, gazetted the 22nd December, 
 1882. See Schedule 2, Act of 1878. 
 
 40. In print works and bleaching and dyeing Jj^^g^^'^^^ 
 works the period of employment for a child, young ^Jf^^^.» 
 person, and woman, and the times allowed for ^^^od of 
 meals, shall be the same as if the said works were StSs^* 
 a textile factory, and the regulations of this Act a^o^ed for 
 with respect to the employment of children, young 
 
54 Factory and Workshop Act, 1878. 
 
 1878 Act, persons, and women in a textile factory shall apply 
 — ^ ■ accordingly, as if print works and bleaching and 
 dyeing works were textile factories ; save that 
 nothing in this section shall prevent the continuous 
 employment of a child, young person, or woman 
 in the said works without an interval of half an 
 hour for a meal, for the period allowed by this Act 
 in a non-textile factory. 
 
 Print works, bleaching and dyeing works are declared by 
 section 93 to be non-textile factories, and are subject to all 
 the provisions, including the length of spell affecting such 
 works ; the periods of employment, however, are the same 
 as in textile factories (see ss. 11 and 12, p. 12, ante). 
 
 miufre*Mr. 41. Where it appears to a Secretary of State 
 flSSs^fo? *^^^ ^y reason of special circumstances affecting^ 
 orc^huS** ^^y <^l^ss of workshops it is expedient for protect- 
 peraoM°^ ing the health of the children and of the young^ 
 Srtafn ^ *^ persons under the age of sixteen years employed 
 wor 8 ops. ■tjjgj.gijj^ ^Q extend thereto the prohibition in this 
 section mentioned, he may by order made under 
 this part of this Act, extend to such class of work- 
 shops the prohibition in this Act of the employ- 
 ment of children and young persons under the age 
 of sixteen years without a certificate of the fitness 
 of such child or young person for employment, and 
 thereupon the provisions of this Act with respect 
 to certificates of fitness for employment shall apply 
 to the class of workshops named in the order in Hke 
 manner as if they were factories. 
 
 If the prohibition is proved to the satisfaction 
 of the Secretary of State to be no longer necessary 
 for the protection of the health of the children 
 and the young persons under the age of sixteen 
 
Special Exceptions as to Periods of Employment. 55 
 
 years employed in any class of workshops to which 1878 Act, 
 it has been extended under this section, he may — 1- 
 by order made under this part of this Act rescind 
 the order of extension, without prejudice neverthe- 
 less to the subsequent making of another order. 
 
 (30 Special Exceptions relaxing General Law in 
 
 certain Factories and Workshops. 
 
 (a.) Period of Employment, 
 
 42. [If^ i^ factories and workshops or parts 
 tliereof to which this exception applies the period of\^piQy^{ni 
 employment for young persons and women, if so ^.m. and 
 fixed by the occupier and specified in the notice, may, certain 
 except on Saturday, begin at eight o'clock in the 
 morning and end at eight o'clock in the evening^ 
 and on Saturday may begin at eight o'clock in 
 the morning and end at four o'clock in the after- 
 noon, or where it begins at seven o'clock in the 
 morning may end at three o'clock in the afternoon ; 
 and the period of employment for a child in a 
 morning set may begin at the same hour, and tlie 
 period of employment for a child in an afternoon 
 set may end at the same hour. 
 
 This exception applies to the factories and work- 
 shops and parts thereof specified in Part One of the 
 Third Schedule to this Act. 
 
 Where it is proved to tJie satisfaction of a Secre- 
 tary of State that tlie customs or exigencies of the 
 trade carried on in any class of non-textile factories 
 or workshops or parts thereof either generally or 
 when situate in any particular locality, require the > 
 
 extension thereto of this exception, and that tlie 
 extension can be made without injury to the health 
 
5^ Factory and Workshop Act, 1878. 
 
 1878 Act, of the children, young persons, and women affected 
 — ^ ' thereby, he may by order made under this part of 
 this Act, extend this exception accordingly, ^(a) 
 
 (a) This section is repealed by Schedule 3 of the Act of 
 1895. In connection with its provisions, and on the 
 subject of the period of employment in non-textile factories 
 and workshops, section 36 of the Act of 1895 should be 
 considered, as it practically incorporates the provisions of 
 the repealed section. See also sections 13 and 14 of the 
 principal Act (pp. 15 — 20). 
 
 Authority to work between 8 a.m. and 8 p.m., and on the 
 weekly half-day between 7 a.m. and 3 p.m., or 8 a.m. and 
 4 P.M., was confined to certain scheduled industries, but is 
 now general for non-textile factories and workshops. 
 
 Power to ^3 Where it is proved to the satisfaction of a 
 
 SecretaiT of * ^ ^ 
 
 SuowSriod ^^^^^^^1*7 of State that the customs or exigencies 
 menTbe*^^ of the trade carried on in any class of non-textile 
 ?p^.M*^" factories or workshops or parts thereof, either 
 generally or when situate in any particular 
 locality, require that the special exception here- 
 after in this section mentioned should be granted, 
 and that such grant can be made without injury 
 to the health of the children, young persons, and 
 women affected thereby, he may by order made 
 under this part of this Act grant to such class of 
 factories or workshops or parts thereof a special 
 exception, that the period of employment for 
 young persons and women therein, if so fixed by 
 the occupier and specified in the notice, may on 
 any day except Saturday begin at nine o'clock in 
 the morning and end at nine o'clock in the evening, 
 and in such case the period of employment for a 
 child in a morning set shall begin at nine o'clock 
 in the morning, and the period of employment 
 
 tween 
 
 and 
 
 in certain 
 
Special Exceptions in Lace Factories, 57 
 
 or a child in an afternoon set shall end at eiffht 1878 Act, 
 ,,,.,,. ^ Sect. 43. 
 
 o clock m tne evening. — 
 
 This section is necessary to provide for the customs in 
 some trades in which work never begins before 9 A.M., 
 but this section does not permit children to be employed 
 after 8 p.m. 
 
 It has been authorised in workshops in which the curing 
 of fish is carried on. Order gazetted 22nd December, 1882. 
 
 In bookbinding in the metropolis between 1st September 
 and last day of February.. Order gazetted 12th January, 
 1884. 
 
 In work-rooms in drapers' retail establishments in Man- 
 chester and Salford. Order gazetted 15th April, 1884. 
 
 In the manufactui-e of straw hats. Order gazetted 3rd 
 May, 1887. 
 
 44. The regulations of this Act with respect to ^Sig^ 
 the employment of young persons in textile fac- ^rwuw^'^"^ 
 tories shall not prevent the employment, in the InZlo^ 
 part of a textile factory in which a machine for ^^^^^ 
 the manufacture of lace is moved by steam, water, 
 or other mechanical power, of any male young 
 person above the age of sixteen years, between 
 four o'clock in the morning and ten o'clock in the 
 evening if he is 'employed in accordance with the 
 following conditions ; namely, 
 
 (a.) Where such young person is employed on 
 any day before the beginning or after 
 the end of the ordinary period of em- 
 ployment in the factory, there shall be 
 allowed him for meals and absence from 
 work between the above-mentioned hours 
 of four in the morning and ten in the 
 evening not less than nine hours ; and 
 (6.) Where such young person is employed 
 on any day before the beginning of the 
 
58 Factory and Workshop Act, 1878. 
 
 ^78 Act, ordinary period of employment in the 
 
 — ^ * factory, he shall not be employed on the 
 
 same day after the end of that period ;. 
 
 and 
 
 (tf.) Where such young person is employed on 
 
 any day after the end of the ordinary 
 
 period of employment in the factory, he 
 
 shall not be employed next morning 
 
 before the beginning of the ordinary 
 
 period of employment. 
 
 For the purpose of this exception the ordinary 
 
 period of employment in the factory means the 
 
 period of employment for young persons under the 
 
 age of sixteen years- or women in the factory, or 
 
 if none are employed means such period as can 
 
 under this Act be fixed for the employment of 
 
 such young persons and women in the factory, and 
 
 notice of such period shall be affixed in the factory. 
 
 woSg 45. The regulations of this Act with respect to 
 
 Srsons"^^ the employment of young persons in non-textile 
 fn blke-^ factories or workshops shall not prevent the em- 
 houses. ployment, in the part of a bakehouse in which the 
 process of baking bread is carried on, of any 
 male young person above the age of sixteen 
 years between five o'clock in the morning and 
 nine o'clock in the evening, if he is employed in 
 accordance with the following conditions ; namely, 
 (a.) Where such young person is employed on 
 any day before the beginning or after the 
 end of the ordinary period of employ- 
 ment in the bakehouse, there shall be 
 allowed him for meals and absence from. 
 
Special Exceptions in Bakehouses. 59" 
 
 work between the above-mentioned hours 1878 Act, 
 of five in the morning and nine in the _L 
 evening not less than seven hours ; and 
 (6.) Where such young person is employed on 
 any day before the beginning of the 
 ^ ordinary period of employment in the 
 
 bakehouse, he shall not be employed 
 after the end of that period on the same 
 day ; and 
 (c.) Where such young person is employed on 
 any day, after the end of the ordinary 
 period of employment in the bakehouse, 
 he shall not be employed next morning 
 before the beginning of the ordinary 
 period of employment. 
 For the purpose of this exception the ordinary 
 period of employment in the bakehouse means 
 the period of employment for young persons 
 under the age of sixteen years or women in the 
 bakehouse, or if none are employed means such 
 period as can under this Act be fixed for the 
 employment of such young persons and women in 
 the bakehouse, and notice of such period shall be 
 aflfixed in the bakehouse. 
 
 Where it is proved to the satisfaction of a 
 Secretary of State that the exigencies of the 
 trade carried on in bakehouses, either generally 
 or when situate in any particular locality, require 
 that the special exception hereafter in this section 
 mentioned should be granted, and that such 
 grant can be made without injury to the health 
 of the male young persons affected thereby, he 
 may by order under this part of this Act grant 
 
ftO Factory and Workshop Act, 187b. 
 
 "cSZS ^AK* to bakehouses, or to bakehouses situate in the 
 
 — said locahty, a special exception permitting the 
 
 employment of male young persons of sixteen 
 
 years of age and upwards as if they were no longer 
 
 young persons. 
 
 tio?by"' '^6* ^^®^® ^t ^s proved to the satisfaction of a 
 Stete^^F ^^ Secretary of State that the customs or exigencies 
 haw houday ^^ *^® trade Carried on in any class of non-textile 
 toyf^*"^" factories or workshops, either generally or when 
 situate in any particular locality, require some 
 other day in the week to be substituted for 
 Saturday as regards the hour at which the period 
 of employment for children, young persons, and 
 women is required by this Act to end on 
 Saturday, he may by order made under this part 
 of this Act grant to such class of factories or 
 workshops a special exception, authorising the 
 occupier of every such factory and workshop to 
 substitute by a notice affixed in his factory or 
 workshop some other day for Saturday, and in 
 such case this Act shall apply in such factory or 
 workshop in like manner as if the substituted 
 day were Saturday, and Saturday were an ordinary 
 work day. 
 
 The Acts of 1867 gave authority to the Secretary of State 
 to permit the substitution of another day for the Saturday 
 halt-holiday, which was used extensively. 
 
 In provincial towns in which Saturday is the market 
 day, it was absolutely neces.^ary for many non-textile 
 factories and workshops to be open on Saturdays for 
 repairs, &c. In manufacturing towns Saturday is the 
 textile factory half-holiday, when people flock in from the 
 neighbouring villages, and it would not be possible to 
 close all the non-textile factories and workshops ; and in 
 some parts of the metropolis the Saturday afternoon is the 
 
Special Exceptions as to Periods of Employment, 61 
 
 principal purchasing part of the week, when it would not 1878 Act^ 
 be possible to close milliners' and other shops. Sect. 46. 
 
 This exception, it should be noticed, is only applicable 
 to non-textile factories and workshops. It has been 
 granted to — 
 
 (a.) Non-textile factories in which is carried on the 
 printing of newspapers, or of periodicals, or of 
 railway time tables, or of law or parliamentary 
 proceedings. 
 
 (&.) Non-textile factories and workshops in which any 
 manufacturing process or handicraft is carried on 
 in connection with a retail shop on the same 
 premises. 
 
 (c.) Non-textile factories and workshops in which is 
 carried on the making of any article of wearing 
 apparel or of food. 
 
 {d.) Non-textile factories and workshops in places in 
 which the market day is Saturday, or in which a 
 special day has been set apart for weekly half- 
 holiday. 
 
 (e.) Dressing floors, tin streams, China clay pits, and 
 quarries in the county of Cornwall. 
 
 Order gazetted 22nd December, 1882. 
 
 4:7. In the process of Turkey red dyeing, melftS* 
 nothing in Part One of this Act shall prevent the A^knion. 
 
 ^ , n 1 Saturday 
 
 employment oi young persons and women on up to 
 Saturday until half-past four o'clock in the after- 
 noon, 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 ^jVcS"''"' 
 this exception appKes, if the period of employ- ^^^^el 
 ment for young persons and women, as fixed by loliX^ 
 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 employment of children, 
 young persons, and women shall not prevent a 
 
 women in 
 certain 
 
•62 Factory and Workshop Act, 1878. 
 
 1878 Act, child, young person, or woman, between the first 
 ®?J_ • day of November and the last day of March 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. 
 
 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 extension can be made 
 without injury to the health of the children, 
 young persons, and women affected thereby, he 
 may by order made under this part of this Act 
 extend this exception accordingly. 
 
 For list of factories to which this exception applies and 
 has been extended, see Schedule 3, Part 7. 
 
 The object of this section is to authorise the work in the 
 textile factories named in the schedule to be arranged in 
 the winter months from 8 a.m. to 1 p.m., and from 2 P.M. 
 to 7 P.M., with power to the Secretary of State to extend 
 the relaxation. 
 
 Giving half 49. Where it is proved to the satisfaction of a 
 
 and ho^f- Secretary of State that the customs or exigencies 
 
 different of the trade carried on in any class of non-textile 
 
 different factories or workshops, either ffenerally or when 
 
 children, situate in any particular locality, require that the 
 
 young per- i n . \ . 
 
 sons, and special exccptiou hereafter m this section men- 
 
Special Exceptions as to Half Holidays, 63 
 
 tioned should be granted, he may by order made 1878 Act, 
 under this part of this Act grant to such class of —1 ' 
 factories or workshops a special exception autho- 
 rising the occupier of any such factory or work- 
 shop 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. 
 
 In trades whick are carried on in connection with retail 
 shops, the carrying out of the enactment which requires all 
 the young persons and women to have their holidays on 
 the same days would cause great inconvenience and loss. 
 The Secretary of State exercised the authority given him 
 under the Acts of 1867 to permit different sets of hands to 
 have holidays on different days, and it is continued by this 
 Act. 
 
 This exception is only applicable to non-textile factories 
 and workshops. It has been authorised in — 
 
 (a.) Non-textile factories in which is carried on the 
 printing of newspapers, or of periodicals, or of 
 railway time tables, or of law or parliamentary 
 proceedings. 
 (6.) Non-textile factories and workshops in which any 
 manufacturing process or handicraft is carried on 
 in connection with a retail shop on the same 
 premises. 
 (c.) Non-textile factories and workshops in which is 
 carried on the making of any article of wearing 
 apparel or of food. 
 {d.) Non-textile factories in which is carried on the 
 
 manufacture of plate glass. 
 Order gazetted 22nd December, 1882. 
 As to holidays, see section 22 of the Act of 1878, sec- 
 tion 16 of the Act of 1891, and section 17 of the Act of 
 1895. 
 
 50. Where the occupier of a factory or work- JH^^' 
 shop is a person of the Jewish reHgion, the regu- lol^^""' 
 lations of this Act with respect to the employ- Je^ilS ^^ 
 
64 Factory and Workshop Act, 1878. 
 
 1878 Act, ment of younff persons and women shall not 
 Sect. 50. ,./ ^ ^ 
 
 — prevent mm — 
 
 occupiers in y \ Tr> t -i i«n 
 
 factories or ( 1. ) If he keeps his factory or workshop closed 
 
 workshops. ^ ^ ni -i p i. 
 
 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 sun- 
 set, from employing young persons and 
 women one hour on every other day in 
 the week (not being Sunday), in addi- 
 tion to the hours allowed by this Act, 
 so that such hour be at the beginning 
 or end of the period of employment, 
 and be not before six o'clock in the 
 morning, or after nine o'clock in the 
 evening; (a) or 
 
 (3.) If all the children, young persons, and 
 women in his factory or workshop are 
 of the Jewish religion, from giving 
 them, if so specified in a notice affixed 
 in the factory or workshop as by this 
 Act provided, any two public holidays 
 under the Holidays Extension Act, 1875, 
 in lieu of Christmas Day and Good 
 Friday, but in that case such factory or 
 workshop shall not be open for traffic on 
 Christmas Day or Good Friday. 
 
 (a) By section 14 (8) of the Act of 1895, this " sliall not 
 be deemed work during overtime." 
 
 This section — pars. 1 and 2 — applies to cases in which 
 the occupier is of the Jewish religion, and in which he 
 causes his religious observances to extend to the persons 
 
. Special Exceptions for Jews, 65 
 
 not necessarily of the Jewish religion, who are employed 1878 Act, 
 in the factory or workshop. Par. 3 applies to Christmas SdCt. 50. 
 Day and Good Friday, if all the persons employed are of — 
 the Jewish religion. 
 
 By section 17 of the Act of 1895 it is not necessary to 
 affix in the factory or workshop any notice of the holidays 
 to be observed, unless other holidays or half-holidays are 
 substituted for them under this section ; or to give notice 
 of them to the inspector of the district. 
 
 51. No penalty shall be incurred by any per- Empioy- 
 son in respect of any work done on Sunday in a Jews by 
 factory or workshop by a young person or woman Sunday, 
 of the Jewish religion, subject to the following 
 conditions : 
 
 (1.) The occupier of the factory or workshop 
 
 shall be of the Jewish religion ; and 
 (2.) The factory or workshop shall be closed 
 on Saturday, and shall not be open for 
 traffic on Sunday ; and 
 (3.) The occupier shall not avail himself of the 
 exception authorising the employment of 
 young persons and women on. Saturday 
 evening, or for an additional hour during 
 any other day of the week. 
 Where the occupier avails himself of this ex- 
 ception, this Act shall apply to the factory or 
 workshop in Hke manner as if, in the provisions 
 thereof respecting Sunday, the word Saturday 
 were substituted for Sunday, and in the provisions 
 thereof respecting Saturday, the word Sunday, 
 or, if the occupier so specify in the notice, the 
 word Friday were substituted for Saturday. 
 
 This section applies to those cases in which both the 
 occupier and the persons employed are of the Jewish 
 religion. 
 
66 Factory and Workshop Act, 1878. 
 
 1878 Act, When work is carried on on Sundays under this section^ 
 Sect. 51. it must cease at the same hour as is compulsory on 
 — Saturdays. 
 
 (b.) Meal Hours. 
 
 Exception gg^ The provisions of this Act which require 
 times being that all the children, young persons, and women 
 neousand employed in a factory or workshop shall have the 
 pioyment or times allowed for meals at the same hour of the 
 
 remaining • i . -r* 
 
 in room (j^y shall uot apply m the cases mentioned m Part 
 manufac ^^q ^f the Third Schedule to this Act. 
 
 tunng 
 
 ^IrSon ^^® provisions of this Act which require that a 
 raeauimes. child, young pcrson, and woman shall not, during 
 any part of the times allowed for meals in a 
 factory or workshop, 'be employed in the factory or 
 the workshop, or be 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 special circumstances affecting such class, to 
 extend thereto the exceptions in this section or 
 either of them, and that such extension can be 
 made without injury to the health of the children, 
 young persons, and women affected thereby, he may 
 by order made under this part of this Act, extend 
 the same accordingly. 
 
 Two distinct modifications are legal under this section. 
 By the first paragraph separate meal times may be given 
 to different persons or sets of persons, and the sets must 
 
Overtime. 67 
 
 not remain in the factory or workshop during the period 1878 Act, 
 set apart for their meals, if manufacturing processes are Sect. 52. 
 then carried on. 
 
 By the second paragraph the persons may remain in the 
 factory or workshop during their own meal hour, or the 
 meal hour of others, while manufacturing processes are 
 carried on. 
 
 Notices of the meal times must be fixed up (see s. 19, 
 p. 25). 
 
 For list of factories and workshops to which this exception 
 applies and has been extended, see Schedule 3, Part 2. 
 
 (c.) Overtime. 
 
 53. The regulations of this Act with respect Po^er to 
 to the employment of young persons(a) and women yo^s p^^- 
 shall not prevent the employment in the factories ^^"^q"/^'^ 
 and workshops or parts thereof(6) to which this ex- * ^^^ 
 ception applies of young persons and of women 
 during a period of employment beginning at six 
 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 follow- 
 ing conditions ; namely, 
 
 (1.) There shall be allowed to every such young 
 person and woman for meals during the 
 period of employment not less than two 
 hours, of which half an hour shall be after 
 five o'clock in the evening ; and 
 (2.) Any such young person or woman shall 
 not be so employed on the whole for more 
 than five(c) days in any one week, nor 
 for more than forty-eight(c) days in any 
 twelve months. 
 F 2 
 
ISS Factory and Workshop Act, 1878. 
 
 1878 Act, This exception applies to the factories and work- 
 Sect^oo. g}jQpg jjj^(j parts thereof specified in Part Three of 
 the Third Schedule to this Act.(t?) 
 
 Where it is proved to the satisfaction of a Secre- 
 tary of State that in any class of non-textile 
 factories or workshops or parts thereof it is neces- 
 sary, by reason of the material which is the subject 
 of the manufacturing process or handicraft therein 
 being liable to be spoiled by the weather, or by 
 reason of press of work arising at certain recur- 
 ring 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 
 persons and women in manner authorised by this 
 exception, and that such employment will not 
 injure the health of the young persons and women 
 afiPected thereby, he may, by order made under this 
 part of this Act, extend this exception to such fac- 
 tories or workshops or parts thereof. 
 
 (a) By section 14 (1) of the Act of 1895, 'post, a young 
 person may not now be employed overtime under this 
 section. 
 
 (6) By section 37 (1) of the Act of 1895 wherever the 
 words, "the factories and workshops or (and) parts 
 thereof" occur in this section, they are to be replaced by 
 the words, "the non-textile factories and workshops or 
 (and) parts thereof and warehouses." 
 
 (c) " Five davs " is reduced to " three days " by section 14 
 (2) of the Act of 1895, and "forty-eight days" to "thirty 
 days " by the same sub-section. 
 
 {d) As amended by section 37 (2), and Schedule 3 of the 
 Act of 1895. The amendment substitutes for the paragraph 
 marked "(x)" the following : — " The said exception applies 
 also to any part of a factory (whether textile or non-textile) 
 or workshop which is a warehouse not used for any manu- 
 facturing process or handicraft, and in which persons are 
 solely employed in polishing, cleaning, wrapping, or pack- 
 ing up goods." 
 
Overtime, W 
 
 By section 1 (1) of the Act of 1895, cubic space of 400 1878 Act, 
 feet is required for every person working overtime under Sect. 53* 
 this section. This confirms Order by the Secretary of 
 State, gazetted 22nd December, 1882. 
 
 For further regulations and restrictions as to overtime, 
 see the Act of 1895, s. 14, by which overtime employment 
 is considerably restricted. 
 
 It must be observed that no overtime can be worked in 
 textile factories, except in water-mills, under section 57, in 
 warehouses under section 53 and Schedule 3, and in the 
 case of persons of the Jewish religion under section 50. 
 
 No overtime can be made on Saturday or the day sub- 
 stituted therefor (see section 14 (8) of the Act of 1895, 
 post). 
 
 Overtime cannot be granted to any single factory as under 
 the Act of 1867, but only to a class of factories, and the 
 circumstances which justify overtime being worked are 
 defined and classified. 
 
 By the Factory Act, 1883, s. 13, it is enacted that every 
 day on which any young person or woman works over- 
 time is to be reckoned as one of the days allowed. 
 
 As to the notices required by this Act to be sent to an 
 inspector, and as to the notice required to be exhibited in 
 the factory or workshop, see section 66 of this Act, and 
 section 14 of the Act of 1891. 
 
 For list of non-textile factories and workshops to which 
 this exception applies and has been extended, see Schedule 
 3, Part 3. 
 
 54. If in any factory or workshop or part Power^to^^ 
 thereof to which this exception applies, the process after^end "^ 
 in which a child, young person, or woman is em- ^'^Ire p^. 
 ployed is in an incomplete state at the end of the fncompSS* 
 period of employment 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 being em- 
 ployed for a further period not exceeding thirty 
 minutes : 
 
 Provided that such further periods when added 
 to the total number of hours of the period of em- 
 ployment of such child, young person, or woman 
 
70 Factory and Workshop Act, 1878. 
 
 |S78Act,in that week, do not raise that total ahove the 
 -^ ' number otherwise allowed under this Act. 
 
 This exception applies to the factories and work- 
 shops specified in Part Four 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 the time 
 for the completion of a process cannot by reason 
 of the nature thereof be accurately fixed, and that 
 the extension to such class of factories or work- 
 shops or parts thereof of this exception can be 
 made without injury to the health of the children, 
 young persons, and women affected thereby, he 
 may, by order made under this part of this Act, 
 extend this exception accordingly. 
 
 The half-hour extra work can only be taken at the end 
 of the day's work, not at meal times. 
 
 'For list of non-textile factories and workshops to which 
 this exception applies and has been extended, see Schedule 3, 
 Part 4. 
 
 Employ- 55^ Nothing in this Act shall prevent the 
 
 young pei^ employment of young persons and women so far as 
 
 sons, &c., r J j tr> r 
 
 iJi Turkey jg ncccssary for the purpose only of preventing any 
 welichfnK^^ damage which may arise from spontaneous com- 
 bustion in the process of Turkey red dyeing, or 
 from any extraordinary atmospheric influence in 
 the process of open-air bleaching. 
 
 This, with the exception of section 100 of this Act and 
 section 32 of the Act of 1891, is the only enactment which 
 permits the employment of young persons or women for 
 an unlimited time. The causes are purely accidental ; the 
 work cannot be of very long duration, and in the ordinary 
 course of events is only exceptional. 
 
m 
 
 ^F Overtime. 71 
 
 Wr 56. The regulations of this Act with respect 1878 Act, 
 to the employment of young persons and women — ^ 
 shall not prevent the employment in the factories ment of 
 
 11 1 n I'll* women for 
 
 and workshops and parts thereoi to which this i* hours a 
 exception applies, of women during a period of serve 
 employment beginning at six o'clock in the morn- articles, 
 ing 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, if they are 
 employed in accordance with the following con- 
 <iitions ; namely, 
 
 (1.) There shall be allowed to every such 
 woman for meals during the period of 
 employment not less than two hours, of 
 which 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 (a) days in any twelve months. 
 This exception applies to the factories and work- 
 shops 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 neces- 
 sary, by reason of the perishable nature 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 
 
tl Factory and Workshop Act, 1878. 
 
 1|78 Act, exception to such factories or workshops or parts 
 — ^ ' thereof. 
 
 (a) By section 14 (2) of the Act of 1895, "ninety-six 
 days " is reduced to " sixty days." 
 
 By section 13 of the Act of 1883, it is enacted that every 
 day on which any woman works overtime is to be reckoned 
 as one of the days allowed. 
 
 With regard to this section, see section 32 of the Act of 
 1891. 
 
 For list of processes to which this section applies and ha» 
 been extended, see Schedule 3, Part 5. 
 
 Exception 57. Where it appears to a Secretary of State 
 
 lor factories , ' . . tit 
 
 driven by that factories driven by water power are liable to 
 
 water J t 
 
 power. be stopped bj drought or flood, he may, by order 
 made under this part of this Act, grant to such 
 factories a special exception permitting the em- 
 ployment 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 aa 
 that no person shall be deprived of 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 excep- 
 tions shall not extend to more than forty-eight 
 days in any period of twelve months. This over- 
 time shall not extend in any case beyond the time 
 already lost during the previous twelve months. 
 
 The power to recover time lost in water-mills was 
 repealed as regards textile factories by the Act of 1874 ; 
 but it was retained in other factories by the terms of the 
 Factory Act, 1867. 
 
Nightworh, 7S 
 
 It is here revived in a modified form for textile factories, 1878 Act» 
 and is equally applicable in all other factories. Sect. 57. 
 
 This exception has been granted by Order published in 
 
 the Gazette of 22nd December, 1882, to— 
 
 Factories in which water power alone is used to move 
 the machinery, upon the following additional con- 
 ditions : — 
 
 Notice of the time lost and the cause thereof shall be 
 reported to the inspector within three days of such loss. 
 
 Notice of the recovery of the time lost shall be reported 
 to the inspector day by day as the same has been recovered. 
 
 This exception does not include children. 
 
 (d.) Nightworh. 
 58. Nothing in this Act shall prevent the em- Empioy- 
 ployment, in factories and workshops to which this male young 
 exception applies, of male young persons(a) during 
 the night, if they are employed in accordance with 
 the following conditions : — 
 
 (1.) The period of employment shall not exceed 
 twelve consecutive hours, and shall begin 
 and end at the 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 which the times allowed for meals are 
 fixed ; and 
 (3.) A male young person employed 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 employed 
 on more than six nights, or in the case 
 
74 Factory and Workshop Act, 1878. 
 
 1878 Act, of blast furnaces or paper 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 hohdays in 
 lieu of them, shall not apply to a male young per- 
 son employed in day and night turns in pursuance 
 of this exception. 
 
 This exception applies to the factories and work- 
 shops specified in Part Six of the Third Schedule 
 to this Act. (6) 
 
 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 
 requiring the process to be carried on throughout 
 the night, to employ male young persons of sixteen 
 years of age or upwards at night, and that such 
 employment will not injure the health of the male 
 young persons employed, he may, by order made 
 under this part 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. 
 
 {a) By section 14 (3) of the Act of 1895 it is provided 
 that from the 1st day of January, 1897, this section shall 
 apply only to male young persons of the age of 14 years 
 and upwards, thus raising the age a year, and, further, that 
 the Secretary of State shall have power to make further 
 orders. 
 
 (6) Section 14 (4) of the Act of 1895 enacts that this 
 section shall not authorize in any factory specified in Part 6 
 of the Third Schedule to this Act the employment during 
 the night of young persons in any process other than a 
 process incidental to the business of the factory as described 
 in Part 1 of the Fourth Schedule to this Act. 
 
Nightwork — Glass Worizs. 75 
 
 Further, however, section 38 of the Act of 1895 enacts 1878 Act, 
 that nothing in this Act shall prevent the employment Sect. 58. 
 -of male young persons under this section in three shifts of 
 not more than eight hours each, provided that there is an 
 interval of two unemployed shifts between each two shifts 
 of employment. 
 
 It should be noted that proper meals must be allowed 
 •and fixed by notice during the night work authorised in 
 this section. 
 
 For list of non-textile factories to which this section 
 applies and has been extended, see Schedules, Part 6. 
 
 59. In a factory or workshop in which the ^™p^^J" 
 process of printing newspapers is carried on on g^^j.^^^ 
 not more than two nights in the week, nothing in P'^kl^ff 
 this Act shall prevent the employment of a male j^^onsone 
 young person 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.(a) 
 
 (a) But now, under section 14 (5) of the Act of 1895, a 
 young person, under this section, may not be employed 
 more than twelve hours continuously. 
 
 It was found to be necessary under the Factory Act, 
 1867, to authorise the employment of male young persons 
 -of sixteen in provincial newspaper offices, upon the nights 
 preceding the day of publication. 
 
 This section enacts directly that which was formerly 
 legal under an order of the Secretary of State. 
 
 60. In glass works nothing in this Act shall St of" 
 prevent any male young person(a) from working ^rSS iS^ 
 according to the accustomed hours of the works, ^ 
 
 if he is employed in accordance with the following 
 •conditions ; namely, 
 
 (1.) The total number of hours of the periods of 
 
 employment shall not exceed sixty in 
 
 any one week ; and 
 
 (2.) The periods of employment for any such 
 
 young person shall not exceed fourteen 
 
76 Factory and Workshop Act, 1878. 
 
 Sect ^0*' tours in four separate turns per week, or 
 
 — twelve hours in five separate turns per 
 
 week, or ten hours in six separate turns 
 per week, or any less number of hours in 
 the accustomed number of separate turns 
 per week, so that such number of turns 
 do not exceed nine ; and 
 (3.) Such young person shall not work in any 
 turn without an interval of time of not 
 less than one full turn ; and 
 (4.) [ There shall he allowed to such young person 
 during each turn (so far as is practicable^ 
 the like times for meals as are required hy 
 this Act to he allowed in any other non- 
 textile factory or workshop. IQ)) 
 
 (a) After and from the 1st of January, 1897, by section 
 14 (6) of the Act of 1895, this section is to apply only to 
 male young persons of the age of fourteen and upwards, 
 and must not be construed as authorising the employment 
 of any person on Sunday. 
 
 (&) For this paragraph, section 14 (7) of the Act of 1895 
 substitutes the following : — " (4.) Such young person shall 
 not be employed continuously for more than five hours 
 without an interval of at least half-an-hour for a meal." 
 
 (4.) Special Exception for Domestic and certain 
 other Factories and Workshops. 
 
 of^SesSc 61. The provisions of this Act, which relate — 
 and wo?k- (1.) To the cleauliness (including lime-washings 
 
 shops and ... . ■, . , i • \ 
 
 certain painting, varnishing, and washing), or 
 
 shops from to the freedom from effluvia, or to the 
 
 proTisions ovcrcrowding, or ventilation of a factory 
 
 or workshop ; or 
 (2.) To all children, young persons, and women 
 employed in a factory or workshop- 
 
 of the Act. 
 
Exceptions for Domestic Workshops, 77 
 
 having the times allowed for meals at 1878 Act, 
 the same hour of the day, or during any — 1- 
 part of the time allowed for meals in a 
 factory or workshop being employed in 
 the factory or workshop or being allowed 
 to remain in any room ; or 
 (3.) To the affixing of any notice or abstract 
 in a factory or workshop ; or specifying 
 any matter in the notice so affixed ; or 
 (4.) To the allowance of any holidays to a 
 
 child, young person, or woman ; or 
 (5.) To the sending notice of accidents ; 
 shall not apply — 
 
 (a) Where persons are employed at 
 home, that is to say, to a private 
 house, room, or place which, 
 though used as a dwelling, 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 mem- 
 bers of the same family dwelling 
 there ; 
 (6) \_To a workshop which is conducted 
 on the system of not employing 
 children or young persons there- 
 in^ and the occupier of which 
 has served on an inspector notice 
 of his intention to conduct his 
 workshop on that system.'] (a) 
 
78 Factory and Workshop Act, 1878. 
 
 1878 Act, And the provisions of this Act with respect to- 
 — - ' certificates of fitness for employment shall apply- 
 to any such private house, room, or place as 
 aforesaid, which, by reason of the nature of the 
 work carried on there, is a factory, as if the same 
 were a workshop within the meaning of this Act, 
 and not a factory. 
 
 Where the occupier of a workshop has served 
 on an inspector notice of his intention to conduct 
 that workshop on the system of not employing 
 children or young persons therein, the workshop 
 shall he deemed for all the purposes of this Act to 
 be conducted on the said system until the occu- 
 pier changes it, and no change shall be made until 
 the occupier has served on the inspector notice of 
 his intention to change the system, and until the 
 change a child or young person employed in the 
 workshop shall be deemed to be employed con- 
 trary to the provisions of this Act. A change in 
 the said system shall not be made oftener than 
 once a quarter, unless for special cause allowed in 
 writing by any inspector. 
 
 Nothing in this section shall exempt a bake- 
 house from the provisions of this Act with respect 
 to cleanliness (including lime-washing, painting, 
 varnishing, and washing) or freedom from 
 effluvia. 
 
 (a) See s. 15 (p. 20). 
 
 (6) This portion of sub-section (5) printed in italics is 
 repealed by section 21 of tbe Act of 1891, Schedule 2. 
 
 The exemptions are, therefore, only applicable to domestic 
 workshops as defined in section 16 (p. 22). 
 
 Although the provisions as to cleanliness, ventilation, and 
 overcrowding under section 3, are not to apply to domestic 
 workshops, regulations of equal force will be applicable 
 
Special Exceptions — Orders of Secretary of State, 79 
 
 under the provisions of the Public Health Act, 1875, and 1878 Act, 
 will be enforced by the local authority, as a subsequent Sect. 61. 
 section of this Act (101) places workshops, however few 
 the persons employed in them, within the operation of 
 the Public Health Act. 
 
 Sub-section 4, supra, refers to the eight half -holidays; not 
 to early cessation of work on Saturdays. 
 
 62. The regulations of this Act with respect to fofSm 
 the employment of women shall not apply to flax of fla?*^^^* 
 scutch mills which are conducted on the system of from certain 
 not employing either children or young persons ofS^^^ 
 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 he conducted on the system of 
 not employing therein either children or young 
 persons until the occupier has served on an 
 inspector notice of his intention to conduct such 
 mill on that system. 
 
 Flax scutch mills are declared to be non-textile factories. 
 See section 93, and the Fourth Schedule, part 1. 
 
 (5.) Supplemental as to Special Provisions, 
 
 63. Where it appears to a Secretary of State ^|^'J^f 
 that the adoption of any special means or pro- pro^^JJns 
 vision for the cleanliness or ventilation of a fac- ^^ s%°cia?"" 
 tory or workshop is required for the protection of exceptions. 
 the health of any child, young person, or woman 
 employed, in pursuance 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 pro- 
 vision shall be a condition of such employment ; 
 
^0 Factory and Workshop Act, 1878. 
 
 1878 Act, and if it appears to a Secretary of State that the 
 Sect. 63. J . . « 1 ... 
 
 — adoption of any such means or provision is no 
 
 longer required, or is, having regard to all the 
 
 circumstances, inexpedient, he may, by order 
 
 made under this part of this Act, rescind the 
 
 order directing such adoption without prejudice to 
 
 the subsequent making of another order. 
 
 Under this section the Secretary of State issued an Order 
 gazetted December 22nd, 1882, requiring that whenever 
 young persons and women are employed overtime under 
 section 53, there shall be a cubic space of 400 feet for each 
 person so employed. By the Act of 1895, s. 1 (1), this 
 Order is now confirmed, a factory therein being declared to 
 be dangerous to health by reason of overcrowding if the 
 number of cubic feet of space in a room bears to the 
 number of persons employed therein a less proportion than 
 250, or during any period of overtime, 400 cubic feet of 
 space to every person ; and by section 1 (2) of the Act of 
 1895, the Secretary of State has power to modify this pro- 
 portion for any period during which artificial light other 
 than electric light is employed for illuminating purposes ; 
 and also, in respect of any particular manufacturing pro- 
 cess, to substitute for the figures of 250 and 400 respec- 
 tively, any higher figures. And by section 14 (3), conditions 
 of employment at night under section 58 of this Act may 
 be prescribed under this section. 
 
 Power to g^. Where an exception has been granted or 
 
 order grant- extended under this part of this Act by an order 
 
 ing or CI • 
 
 «J^ending of a Secretary of State, and it appears to a 
 Secretary of State that such exception is injurious 
 to the health of the children, young persons, or 
 women employed in, or is no longer necessary for 
 the carrying on of the business in, the class of 
 factories or workshops or parts thereof to which 
 the said exception was so granted or extended, he 
 may by an order made under this part of this Act, 
 rescind the grant or extension, without prejudice 
 to the subsequent making of another order. 
 
Special Exceptions — Orders of Secretary of State, 81 
 
 65. Where a Secretary of State has power to 1878 Act, 
 make an order under this part of this Act, the _1 
 following provisions shall apply to that order (a) : — as toorder 
 
 (1.) The order shall be under the hand of theofstaS.*^ 
 Secretary of State, and shall be pub- 
 lished (6) 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 order. 
 
 (2.) The order may be temporary or permanent, 
 conditional or unconditional, and whether 
 extending a prohibition or exception, 
 granting an exception, directing the 
 adoption of any means or provisions, or 
 rescinding a previous order, or effecting 
 any other thing, may do so either wholly 
 or partly ; 
 
 (3.) The order shall be laid as soon as may be 
 before both Houses of Parliament, and 
 if either House of Parliament, within 
 the 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 be of no effect, without pre- 
 judice 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 enact- 
 ment which provides for the extension 
 
32 . Factory and Worhsliop Act, 1878. 
 
 1878 Act, or grant, or otherwise, for making the 
 
 Sect^65. ^^jgj._ 
 
 (a) For further powers of the Secretary of State> see 
 Act of 1895, jpost^ section 1 (2) ; section 5 (3) ; section 28 
 (1); section 29 (4) ; section 39 ; and section 40 (6). 
 
 (6) By section 47 of the Act of 1895, the Secretary of State 
 phall publish orders made by him under this section in 
 such manner as he thinks best adapted for the information 
 of all persons interested. Cf. section 8 of the Act of 1891, 
 -posty with these enactments. 
 
 Provisions 66. An occupier of a factory or workshop, not 
 Sfer^avaii- ^^ss than seven days before he avails himself of 
 S^^af" any special exception under this part of this Act, 
 andTre^stry shall serve on an inspector ^(a) and (except in the 
 mider them, case of a factory or workshop to which the pro- 
 visions of this Act with respect to the affixing of 
 notices do not apply) affix in his factory or work- 
 shop notice of his intention so to avail himself, 
 and whilst he avails himself of the exception shall 
 keep the notice so affixed. 
 
 Before the service of such notice on the in- 
 spector, 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 exception 
 does not apply to his factory or workshop, unless 
 he has previously served on an inspector notice 
 that he no longer intends to avail himself of such 
 special exception. 
 
 The notice so served and affixed shall specify 
 the hours for the beginning and end of the period 
 of employment, and the times to be allowed for 
 meals to every child, young person, and woman 
 
Conditions as to Special Exceptions, . ^3 
 
 where they differ from the 'ordinary hours or 1878 Act, 
 times. sectee. 
 
 An occupier of a factory or workshop shall enter 
 in the prescribed register(&) and report(c) 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 affixing of notices do not apply, 
 except so far as may be from time to time pre- 
 scribed 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 himself of 
 such exception (whether specified in this part of 
 this Act, or in an order of the Secretary of State 
 made under this part of this Act) is not observed 
 in that factory or workshop, then 
 
 (1.) If such condition relates to the cleanliness, 
 ventilation, or overcrowding of the fac- 
 tory or workshop, the factory or work- 
 shop shall be deemed not to be kept in 
 conformity with this Act ; and 
 
 (2.) In any other case a child, young person, 
 or woman employed in the factory or 
 workshop, in alleged pursuance of the 
 said exception, shall be deemed to be 
 employed contrary to the provisions of 
 this Act. 
 
 (ft) By section 44 (1) of the Act of 1895, post, the words 
 "the inspector for the district" are to be substituted for the 
 
 o2 
 
M Factory and Workshop Act, 1878. 
 
 1878 Act, words "an inspector*' whenever the latter occur in thfr 
 Sect. 66. course of this section. 
 
 (6) See section 14 of the Act of 1891, ^post, for further 
 conditions as to working overtime. 
 
 (c) The report must be made not later than 8 o'clock in 
 the evening on which the child, &c., is employed. (Act of 
 1891, s. 14.) 
 
 The following are the notices required to be given to an 
 inspector, and to be hung up in the works before any ex- 
 ceptional working will be legal : — 
 In the case of a textile factory — 
 
 Continuous employment for five hours (s. 48). 
 In the case of a textile or non-textile factory : — 
 
 Eecovery of lost time in water mills (s. 57). 
 In the case of a textile or non-textile factory or work- 
 shop : — 
 
 The occupier, being of the Jewish religion, working on 
 
 Saturday afternoon (s. 50). 
 The occupier, being of the Jewish religion, not work- 
 ing on Saturday afternoon, but working one hour 
 per day overtime (s. 50). 
 The occupier, being of the Jewish religion, substituting 
 other days for Christmas Day or Good Friday (s. 50). 
 The occupier, being of the Jewish religion, employing 
 Jewish persons on Sundays (s. 51). 
 In the case of a non-textile factory or workshop : — 
 Notice of restriction of hours of work on Saturday to 
 
 8 (s. 18, and s. 15 of the Act of 1891). 
 Exemption under authority of Secretary of State from 
 
 limewashing (s. 33). 
 When the period of employment is between 9 A.M. and 
 
 9 P.M. (s. 43). 
 
 Employment of male young person of 16 in lace fac- 
 tories between 4 a.m. and 10 p.m. (s. 44). 
 
 Employment of male young persons of 16 in bake- 
 houses between 5 a.m. and 9 p.m. (s. 45). 
 
 Employment of male young persons of 16 in bake- 
 houses as male adults (s. 45). 
 
 Substitution, under authority of Secretary of State, of 
 another day for the Saturday half-holiday (s. 46). 
 
 Employment of young persons and women until 4,30 
 p.m. on Saturdays, in Turkey red dye works (s. 47). 
 
 Permission, under authority of Secretary of State, for 
 different holidays to be given to different sets (s. 49). 
 
 Employment of children, &c., during meal hours (s. 52). 
 
 Employment of women overtime (s. 53). 
 
 Emplovment of children, &c., for 30 minutes' overtime 
 (s. 54). 
 
Notice of Exceptional Working.^ 85 
 
 Employment of young persons and women to prevent 1878 Act, 
 damage in Turkey red dyeworks and open-air bleach Sect. 66. 
 works (s. 55). 
 Employment of women overtime in preserving perish- 
 able articles (s. 66). 
 Employment of male young persons in night shifts 
 
 (s. 58). 
 Employment of male young persons of 16 at night in 
 
 newspaper printing offices (s. 59). 
 Employment of male young persons, according to 
 accustomed hours, in glassworks (s. 60). 
 The following are the notices to be given to an in- 
 spector : — 
 
 In the case of a factory: — 
 Employment of women, when exempted, in flax scutch 
 mills (s. 62). 
 In the case of a workshop : — 
 Non-employment of children or young persons (ss. 16 
 and 61). 
 
dS ^ Factory and Workshop Acty 1878. 
 
 1878 Actj 
 Sect67. 
 
 PART III. 
 
 Administration, Penalties, and Legal 
 Proceedings. 
 
 (1.) Inspection, 
 
 mStf'pV 67. A Secretary of State from time to time^- 
 
 S^inspector "^^^ *^® approval of the Treasury as to numbers 
 
 an?cier£^' ^^^ Salaries, may appoint such inspectors (under 
 
 rants^'^ whatever title he may from time to time fix), 
 
 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 them their 
 
 salaries, and may constitute a principal inspector 
 
 with an office in London, and may regulate the 
 
 cases and manner in which the inspectors, or any 
 
 of them, are to execute and perform 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, and the expenses incurred by them or 
 by a Secretary of State in the execution of this 
 Act, shall be paid out of moneys provided by 
 Parliament. 
 
 Notice of the appointment of every such 
 inspector shall be published in the London 
 Gazette. 
 
 A person who is the occupier of a factory or 
 workshop, or is directly or indirectly interested 
 therein, or in any process or business carried on 
 therein, or in a patent connected therewith, or is 
 
Appointment and Powers of Inspectors, St' 
 
 employed in or about a factory or workshop, shall 1878 Act, 
 not act as an inspector under this Act. -^ 
 
 An inspector under this Act shall not be Kable 
 to serve in any parochial or municipal office. 
 
 Such annual report of the proceedings of the 
 inspectors as the Secretary of State from time to 
 time directs shall be laid before both Houses of 
 Parliament. 
 
 A reference in this Act to an inspector refers, 
 unless it is otherwise expressed, to an inspector 
 appointed in pursuance of this section, and a 
 notice or other document required by this Act to 
 be sent to an inspector shall be sent to such 
 inspector as a Secretary of State from time to 
 time directs, by declaration published in the 
 London Gazette or othermse as he thinks expe- 
 dient for making the same known to all persons 
 interested. 
 
 The word "inspector" is used throughout the Act, 
 whereas the previous Acts defined certain duties in regard 
 to "inspectors" and others to "sub-inspectors." 
 
 The titles fixed by the Secretary of State are : — 
 
 Her Majesty's chief inspector of factories and workshops. 
 
 Her Majesty's superintending inspectors of factories and 
 workshops. 
 
 Her Majesty's inspectors of factories and workshops. 
 
 Her Majesty's inspector's assistants. 
 
 The address of the chief inspector is Home Office, White- 
 hall. — London Gazette^ 24th December, 1878. 
 
 By section 23 of the Act of 1891, j)Ost, candidates for in- 
 spectorships who have a knowledge of the Welsh language 
 are to be preferred in Wales. 
 
 68. -^n inspector under this Act shall for the Powers of 
 purpose of the execution of this Act have power(a) 
 to do all or any of the following things ; namely, 
 
 (1.) To enter, inspect, and examine at all 
 
83 Factory and Workshop Act, 1878, 
 
 1878 Act, 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 workshop ; and 
 
 (2.) To take with him in either case a con- 
 stable into a factory(^) in which he has 
 reasonable cause to apprehend any 
 serious obstruction in the execution of 
 his duty ; and 
 
 (3.) To require the production of the regis- 
 ters, certificates, notices, and docu- 
 ments kept in pursuance of this Act, 
 and to inspect, examine, and copy the 
 same ; and 
 
 (4.) To make such examination and enquiry as 
 may be necessary to ascertain whether 
 the enactments for the time being in 
 force relating to public health and the 
 enactments of this Act are complied 
 with, so far as respects the factory or 
 workshop 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 educated ; and 
 
 (6.) To examine either alone or in the pre- 
 sence of any other person, as he thinks 
 fit, with respect to matters under this 
 Act, every person whom he finds in a 
 
Appointment and Powers of Inspectors, %9 
 
 factory or workshop or such a school 1878 Art, 
 as aforesaid, or whom he has reasonable — ^ 
 cause to believe to be or to have been 
 within the preceding two months em- 
 ployed in a factory or workshop, and to 
 require such person to be so examined, 
 and to sign a declaration of the truth of 
 the matters respecting which he is so 
 examined ; and 
 (7.) To exercise such other powers as may be 
 necessary for carrying this Act into 
 effect, (c) 
 The occupier of every factory and workshop, 
 his agents and servants, shall furnish the means 
 required by an inspector as necessary for an entry, 
 inspection, examination, inquiry, or the exercise 
 of his powers under this Act in relation to such 
 factory and workshop. 
 
 Every person who wilfully delays an inspector 
 in the exercise of any power under this section, 
 or who fails to comply with a requisition of an 
 inspector in pursuance of this section, or to pro- 
 duce any certificate or document 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 con- 
 ceal 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 question or to give any 
 -evidence tending to criminate himself. 
 
90 Factory and Workshop Act, 1878. 
 
 1878 Act, Where an inspector is obstructed in the execu- 
 — ' tion of his duties under this Act, the person 
 obstructing him shall be liable to a fine not 
 exceeding five pounds ; and where an inspector is 
 so obstructed in a factory or workshop, the occu- 
 pier of that factory or workshop shall be liable to 
 a fine not exceeding five, or, where the ofi^ence 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 pounds. 
 
 (a) The following additional powers have been given to 
 the inspectors : — 
 
 (a.) To administer the provisions of the Truck Acts in. 
 factories and workshops. See Appendix, sec- 
 tion 13 of the Truck Act, 1887. , 
 (&.) To inquire whether conditions in license for em-' 
 ployment of children at places of entertainment 
 are duly observed. See Appendix, section 3 of 
 the Cruelty to Children Consolidation Act, 1894. 
 (c.) To require special rules in factories and worksliopa- 
 for prevention of danger from machinery, or 
 injury to health from processes. See section 8 of 
 the Act of 1891, 'post. 
 Under section 22 (4) of the Act of 1895 {q.v.) their powers 
 are extended to laundries, and under section 23 (1 iii.) of 
 the same Act, to every dock, quay, and warehouse, and, so 
 far as relates to the process of loading or unloading there- 
 from or thereto, all machinery and plant used in that 
 process, and any premises on which machinery worked by 
 steam, water, or other mechanical power is temporarily 
 used for the purpose of the construction of a building, or 
 any structural work in connection with a building, as 
 if they were factories. 
 
 (6) By section 45 of the Act of 1895 {q.v.\ this sub-section 
 is made to have effect as if the words "or workshop" were 
 inserted after the word " factory." 
 
 (c) By section 51 of the Act of 1895, an inspector is 
 given, if authorised in writing under the hand of the 
 
Appointment and Potvers of Inspectors. 91 
 
 Secretary of State, power to conduct proceedings before a 1878 Act^. 
 magistrate, although he is not a barrister, solicitor, or law Sect. 68. 
 agent. This has always been the practice. 
 
 An inspector may now enter by day or night a factory 
 or a workshop where he believes any person to be em- 
 ployed therein, and may enter by day any place he may 
 believe to be a factory or workshop, and may make exam- 
 inations and require declarations in a workshop or in a 
 factory. But he cannot take with him into a factory the 
 certifying surgeon ; or a constable, unless he apprehend 
 serious obstruction ; while, on the other hand, he can take 
 with him into a factory or workshop the medical ofl&cer 
 of health or local sanitary officer. See s. 4 (p. 4, ante). 
 
 An inspector is further entitled, under the Elementary 
 Education Act, 1876, s. 7, to the assistance of the local 
 authority under that Act. See Appendix. 
 
 The penalty for obstruction in a factory on second con- 
 viction within two years of the last previous conviction 
 is not to be less than one pound, by the Act of 1891, 
 s. 28, post. 
 
 For penalties for persons making a false declaration 
 (par. 6, supra\ see section 85 (p. 105, post). 
 
 69. [^^ inspector before entering, in pursuance [n^g^rTop 
 of tJie powers conferred hy this Act, without the ^S^mii- 
 consent of the occupier, any room or place actually *^^^*-' 
 used as a dwelling as well as for a factory or work- 
 shop, shall, on an affidavit or statutory declaration 
 of facts and reasons, obtain written authority so to 
 do from a Secretary of State, or such warrant as is 
 hereinafter mentioned from a justice of tJie peace. 
 
 The a ff davit or statutory declaration above men- 
 tioned may be inspected or produced in evidence in 
 all respects the same as an information on oath 
 before a justice. 
 
 A justice of the peace, if satisfied by information 
 on oath that there is reasonable cause to suppose 
 that any enactment of this Act is contravened in 
 any such room or place as aforesaid, may in his 
 discretion gy^ant a warrant under his hand.autho^ 
 
92 Factory and Workshop Act, 1878. 
 
 1878 Act, rising the inspector named therein at any time within 
 — L ■ the period named therein, hut not exceeding one 
 month from the date thereof, to enter, in pursuance 
 of this Act, the room or place named in the war- 
 rant, and exercise therein the powers of inspection 
 and examination conferred hy this Act, and the 
 fines and previsions of this Act with respect to ob- 
 struction of an inspector shall apply accordingly. '\ (a) 
 
 (a) This section is repealed by section 25 of tlie Act of 
 1891, post, 
 
 cteruflcatea yQ. Every inspector under this Act shall be 
 mentof furnished with the prescribed certificate of his 
 
 inspectors. ^ .... 
 
 appointment, and on applying for admission to a 
 factory or workshop shall, if required, produce 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 be an inspector under this 
 Act, shall be liable to be imprisoned for a period 
 not exceeding three months, with or without 
 hard labour. 
 
 (2.) Certifying Surgeons. 
 Poor law ^yi Where there is no certifying surgeon resi- 
 
 medical • ** i i 
 
 officer to act dent within three miles of a factory or workshop, 
 
 ■where no "^ , * ' 
 
 <!ertifying ^^jq pQQj. j^w medical officer shall be for the time 
 
 surgeon ^ 
 
 Sfee'^miies. ^^^^S *^® certifying surgeon under this Act for 
 such factory or workshop. 
 
 This provision is necessary to obviate the creating of 
 appointments in places where there are only one or two 
 fiactories. 
 
Appointment and Duties oj Certifying Surgeons. 93 
 
 72. Subject to such regulations as may be from 1878 Act, 
 time to time made by a Secretary of State, an — 
 inspector may from time to time appoint a suffi- meut of 
 cient number of duly registered medical practi- surgeona 
 tioners to be certifying surgeons for the purposes 
 
 of this Act, and may from time to time revoke any 
 such appointment. 
 
 Every appointment and revocation of appoint- 
 ment 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 directly or indirectly interested 
 therein or in any process or business carried on 
 therein, or in a patent connected therewith, shall 
 not be a certifying surgeon for that factory or 
 workshop. 
 
 A Secretary 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 documents to be used by them. 
 
 It was incumbent upon the inspector to appoint a certi- 
 fying surgeon wherever there was a factory, but by the 
 preceding section this need not be done where the poor law 
 medical officer is resident in the locality. 
 
 Certifying surgeons are to report annually to the Secre- 
 tary of State, by section 19 of the Act of 1891, jposL 
 
 73. ^ certificate of fitness for employment ^g^^^Jl^*""" 
 shall not be granted for the purposes of this Act, g*5^°ates 
 except upon personal examination of the person °^ fitness. 
 named therein. 
 
 A certifying surgeon shall not examine a child 
 or young person for the purpose of a certificate 
 
:94 Factory and Workshop Act, 1878. 
 
 1878 Act, of fitness for employment, or sign any such certi- 
 — - ' ficate, elsewhere than at the factory or workshop 
 where such child or young person is or is about 
 to be employed, unless the number of 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. 
 If a certifying surgeon refuses to grant for any 
 person examined by him a certificate of fitness for 
 employment, he shall when required give in 
 writing and sign the reasons for such refusal. 
 
 By the previous Acts, certificates were to be granted at 
 the factory, unless for " special cause to be allowed by an 
 inspector." This power is continued, and it is further 
 enacted that where the number of children and young 
 persons is less than five, the examination may be else- 
 where than at the factory. 
 
 By section 20 (1) of the Act of 1895, post, the register of 
 accidents to be kept under that section by the occupier of 
 a factory is to be at all times open to the inspection of the 
 certifying surgeon for the district. 
 
 Fees of 74. With respcct to the fees to be paid to certi- 
 
 snrgSn^^for fyi^g surgeons(a) in respect of the examination of, 
 ©f chidren^ and grant of certificates of fitness for employment 
 ^rsons!"^ for, children and young persons in factories or 
 workshops, the following provisions 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 follow- 
 ing scale : — 
 
 When the examination is at a factory 
 or workshop not exceeding one mile 
 from the surgeon's residence, 25. 6d^ 
 
Appointment and Duties of Certifying Surgeons, 95 
 
 for each visit and ^d, for each person 1878 Act, 
 after the first five examined at that "®5^'*" 
 visit. 
 When the examination is at a factory 
 or workshop more than one mile 
 from the surgeon's residence, the 
 above fees, and an additional Qd, 
 for each complete half mile over 
 and above the mile. 
 When the examination is not at the 
 factory or workshop, but at the 
 residence of the surgeon, or at some 
 place appointed by the surgeon for 
 the purpose, and which place, as 
 well as the day and hour, appointed 
 for the purpose shall be published 
 in the prescribed manner, 6^. for 
 each person examined. 
 (3.) The occupier shall pay the fees on the 
 completion of the examination, 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 exceeding in any case 
 threepence, from the wages of the person 
 for whom the certificate was granted : 
 (5.) A Secretary of State may, from time to 
 time, if he thinks it expedient, alter any 
 fees fixed by this section. 
 
 (a) The scale of fees to certifying surgeons to be defrayed 
 by the Secretary of State for examinations under section 46 
 
96 Factory and Workshop Act, 1878. 
 
 1878 Act, of the Act of 1895, or under special rules, is now settled 
 Sect. 74. by the Second Schedule to the Act of 1895, as follows :- 
 — Under 10 hands 
 
 20 „ 
 
 30 
 
 50 
 
 75 
 
 100 
 
 Over 100 
 
 2s. 6d. per visit. 
 
 3s. Od. 
 
 3s. 6c?. 
 
 4s. Od. 
 
 4s. Qd. 
 
 5s. Od. 
 
 7s. M. 
 
 „ ... 
 
 With the addition of Is. for every mile or part of a 
 mile in excess of one mile from the certifying surgeon's 
 residence. 
 
 The previous Factory Acts did not actually prescribe a 
 scale of fees ; but they empowered an inspector, if applied 
 to by an occupier to fix the surgeon's fees and visits, to fix 
 them, and a maximum scale was laid down. 
 
 (3.) Miscellaneous, 
 
 Notice of *7^, Every person shall, within one month 
 J^ be given after he begins to occupy a factory (a) serve 
 on an inspector(6) a written notice containing 
 the name of the factory, the place where it is 
 sitnate, the address to which he desires his letters 
 to be addressed, the nature of the work, the nature 
 and amount of the moving power therein, and the 
 name of the firm under which the business of the 
 factory is to be carried on, and, in default, shall 
 be liable to a fine not exceeding five pounds, (c) 
 
 {a) This section is applied to a workshop as well as a 
 factory by section 26 of the Act of 1891 (g.v.) in which 
 also further regulations are made. 
 
 (b) By section 44 (1) of the Act of 1895, 'post, the words 
 "an inspector" are altered to "the inspector for the 
 district." 
 
 (c) Further regulations with regard to the service of 
 this notice are made by section 41 of the Act of 1895 
 
 {(I.V.). 
 
 ^f^^^^ 76. Where an inspector by notice in writing 
 ciod^^^^*' names a public clock, (a) or some other clock open 
 
Miscellaneous (Registers^ 97 
 
 to pubKc view, for the purpose of regulating the 1878 Act, 
 period of employment in a factory or workshop, ^®£li 
 the period of employment and times allowed for 
 meals for children, young persons, and women in 
 that factory or workshop, shall be regulated by 
 that clock, which shall be specified in the notice 
 afl&xed in the factory or workshop. 
 
 {a) As to urban authorities' powers to provide public 
 clocks, vide section 165 of the Public Health Act, 1875 
 <38 & 39 Vict. c. 65). 
 
 77. The occupier of every factory and work- ^ b^Spt 
 shop to which this section applies shall keep in^work-^^^ 
 the prescribed form, and with the prescribed ^^^^' 
 particulars, registers of the children and young 
 persons(<2) employed in that factory or workshop, 
 and of their employment, and of other matters 
 under this Act. (6) 
 
 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 requires for the execution of his 
 duties under this Act. 
 
 This section applies to every factory and work- 
 shop in which a child or young person under the 
 age of sixteen years is, for the time being, pro- 
 hibited under this Act from being employed with- 
 out a certificate of fitness for employment. 
 
 Where, by reason of the number 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 Secre- 
 tary of State so to do, he may order the occupier 
 of that factory or workshop to keep a register under 
 H 
 
98 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, this section with power to rescind such order, and 
 — L ' while such order is in force this section shall apply 
 to that factory or workshop. 
 
 In the event of a contravention of this section 
 in a factory or workshop, the occupier of the 
 factory or workshop shall be liable to a fine not 
 exceeding forty shillings. 
 
 (a) By section 15 of the Act of 1895, post^ this section is 
 made to apply to all workshops to which section 53 of this^ 
 Act (see p. 67, ante) applies. 
 
 (6) If the particulars prescribed in section 33 of this Act 
 as to limewashing (see p. 46, ante\ are not entered in the 
 register prescribed under this section, then, by section 43- 
 of the Act of 1895 (g. v.\ this failure shall be prima facie 
 evidence of failure to obser\^e the requirements of the 
 Factory Acts with regard to limewashing. 
 
 Under the former Factory Acts the neglect to enter the- 
 name, &c., of a young person in the register involved a 
 fine of not less than 40s., nor more than 5/., for each name 
 not entered. By this section non^entry of names, &c., is 
 treated as one offence, involving one fine not exceeding 405. 
 
 The occupier of a factory or workshop may be required 
 to keep and send to the inspector for the district a list of 
 all out-workers by section 27 of the Act of 1891 and sec- 
 tion 42 of the Act of 1895, post. 
 
 Affixing 
 in factory 
 or work- 
 sliop of 
 abstract of 
 Act and 
 notices. 
 
 78. There shall be affixed at the entrance of a 
 factory and a workshop, and in such other parts 
 thereof as an inspector for the time being directs, 
 and be constantly kept so affixed in the pre- 
 scribed form and in such position as to be easily 
 read by the persons employed in the factory or 
 workshop— 
 
 (1.) The prescribed abstract of this Act ; and 
 
 (2.) A notice of the name and address of the 
 prescribed inspector ; and 
 
 (3.) A notice of the name and address of the 
 certifying surgeon for the district ; and 
 
Miscellaneous (Notices, Summons, ^c), 99 
 
 (4.) A notice of the clock (if any) by which 1878 Act, 
 the period of employment and times for — 1- 
 meals in the factory or workshop are 
 regulated ; and 
 (5.) Every notice and document required by 
 this Act to be affixed in the factory or 
 workshop, (a) 
 In the event of a contravention of this section 
 in a factory or workshop, the occupier(?>) of the 
 factory or workshop shall be liable to a fine not 
 exceeding forty shillings. 
 
 (a) Section 1 (3) of the Act of 1895, post, enacts that this 
 section shall be read as if there were included among the 
 notices required by it a notice specifying the number of 
 persons who may be employed in each room of the factory 
 or workshop by virtue of that section. 
 
 (6) By section 24 (1 /,) of the Act of 1895, in tenement 
 factories this liability is transferred to the owner instead 
 of the occupier, except (7) when the latter pays a rent in 
 excess of 200^. a year. 
 
 Notices are not required to be hung up in domestic 
 workshops. See section 61 (p. 77). 
 
 Kegulations as to the particulars to be supplied in case of 
 payment by piece-work were enacted by section 24 of the 
 Act of 1891, but these have since been superseded by a 
 very comprehensive section (40) of the Act of 1895 (q. v.), 
 which requires the exhibition of a notice containing certain 
 particidars. 
 
 79. Any notice, order, requisition, summons, JJ^^ritfig 
 and document under this Act, may be in writing or o?notices^ 
 print, or partly in writing and partly in print. m^nts^^J. 
 
 Any notice, order, requisition, summons, and 
 document required or authorised to be served or 
 sent for the purposes of this Act, may be served 
 and sent by delivering the same to or at the resi- 
 dence of the person on or to whom it is to be served 
 or sent, or, where that person is the occupier of a 
 
 h2 
 
100 Factory and Workshop Act, 1878. 
 
 1878 Act, factory or workshop, by delivering the same or a 
 — 1- ■ true copy thereof to his agent or to some person in 
 such factory or workshop ; it may also be served 
 or sent by post by a prepaid letter, and if served or 
 sent by post, shall be deemed to have been served 
 and received respectively at the time when the 
 letter containing the same would 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 the occupier of a factory or workshop, it 
 shall be deemed to be properly addressed if 
 addressed to the occupier of such factory or work- 
 shop, at the factory or workshop, with the addition 
 of the proper postal address, but without naming 
 the person who is the occupier. 
 
 Inspection 30. ^'^J -^ct for the time being in force rela- 
 andmea- ting to wcights and measures shall extend to 
 in factories weights, measurcs, scales, balances, steel-yards, 
 
 and worlc- ^'. \ . ' i-p 
 
 shops. and weigmng machines, used m 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,(a) and as 
 if such factory or workshop were a place where 
 goods are kept for sale, and such Act shall apply 
 accordingly, and every inspector of, or other 
 person authorised to inspect or examine weights 
 and measures, shall inspect, stamp, mark, search 
 for and examine the said weights and measures, 
 scales, balances, steel-yards, and weighing ma- 
 
 . chines accordingly, and for that purpose shall 
 
Fines, 101 
 
 have the same powers and dutifiji^^j^s .};« ^^^{^^ i^^f-Qn*' 
 relation to weights, measures, scales^ 'balances, -^ 
 steel-yards, and weighing inaci)^p.es JoseJ. m th'^ ■ ^/,\ 
 sale of goods. 
 
 (a) The Acts which regulate the inspection of weights and 
 measures specially apply to weights, &c., used in buying 
 and selling. This section extends the operation of those 
 Acts to weights and measures used in factories for ascer- 
 taining or checking wages. See Weights and Measures 
 Acts, 1878 to 1893, and see also section 40 of the Act of 
 1895, -post, for particulars respecting wages to be furnished 
 in certain cases. 
 
 (4.) Fines, 
 
 This Act differs considerably from all other previous 
 Factory Acts in not fixing a minimum in every case. 
 
 The following are the special fines fixed under this Act, 
 as amended by the Act of 1895, in special cases, prescribed in 
 previous sections, in no case to exceed the penalty named : — 
 
 S. 22. Not fixing holidays, bl 
 
 S. 31 (replaced by section 18 of the Act of 1895) not 
 sending notice of accident, 5/. 
 
 S. 35. A baker allowing rooms to be improperly occu- 
 pied, 1^. for first offence, and 5^. afterwards. 
 
 S. 68. Obstructing an inspector (in the day), 5Z. ; in 
 the night, 20^. The fine not to be less than 11. in case 
 of a second conviction in a factory (see Act of 1891, 
 s. 28). If by the occupier of a workshop under section 
 16, 1^. in the day and bl. in the night. 
 
 S. 70. Forgery of the certificate of appointment of an 
 inspector, or personating an inspector, three months' 
 imprisonment. 
 
 S. 75. Not sending notice of beginning to occupy a 
 factory or workshop, bl. 
 
 S. 77. Not keeping registers, 40s. 
 
 S. 78. Not affixing notices, 40s. 
 
 81. If a factory or workshop is not kept in Fine for 
 
 • 11.* 1 • 1 n^^^ keeping 
 
 conformity with this Act. the occupier thereof factory or 
 
 •^ ' ^ workshop m 
 
 shall he liable to a fine not exceeding ten pounds, ^^^^^f^ 
 
 The court of summary jurisdiction, in addition 
 to or instead of inflicting such fine, may order 
 
102 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, ocrtain raieans to ba adopted by the occupier, 
 _^ ■ within thejbime named in the order, for the pur- 
 pose' off 'briitgihg ' his factory or workshop into 
 conformity with this Act ; the court may, upon 
 application, enlarge the time so named, but if, 
 after the expiration of the time as originally 
 named or enlarged by 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. 
 
 This section is applicable to the offences created by the 
 following previous sections : — 
 
 Neglect of sanitary condition (ss. 3, 4). 
 
 Permitting mill-gearing, machinery, &c., to remain un- 
 fenced (s. 5). 
 
 Neglect to limewash (s. 33). 
 
 Neglect to limewash bakehouse (s. 34). 
 
 Neglect to provide a fan (s. 36). 
 
 Neglect to prevent the escape of steam in wet-spinning 
 (s. 37). 
 
 Where an occupier avails himself of an exception to 
 which conditions are attached, neglect to observe such 
 conditions (s. 66). 
 
 The fine not to be less than II. in case of a second convic- 
 tion, in the case of a factory (Act of 1891, s. 28, post). 
 
 Penal com- 
 pensation 
 to persons 
 Injured by 
 want of 
 fence to 
 machinery, 
 &c. 
 
 82. If any person is killed or suffers any bodily 
 injury in consequence of the occupier of a factory (a) 
 having neglected to fence any machinery required 
 by or in pursuance of this Act to be securely 
 fenced, or having neglected to maintain such 
 fencing or in consequence of the occupier of a 
 factory or workshop having neglected to fence 
 any vat, pan, or other structure(6) required by or 
 in pursuance of this Act to be securely fenced, or 
 having neglected to maintain such fencing, the 
 occupier(c) of the factory or workshop shall be 
 liable to a fine not exceeding one hundred pounds, 
 
Fines, 103 
 
 the whole or any part of which may be applied 1878 Act, 
 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 liable to a fine under this section, if an 
 information against him for not fencing the part 
 of the machinery, or the vat, pan, or other struc- 
 ture 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, ((i) 
 
 (a) By section 23 of the Act of 1895 {q. v.\ this section is 
 extended to docks, wharves, quays, warehouses, and to pre- 
 mises on which machinery is used in connection with the 
 structure and repair of buildings. 
 
 (6) A vat, pan, or other structure may contain, or be 
 actuated by, " machinery," and may thereby become " dan- 
 gerous." Section 6 of the Act of 1891. 
 
 (c) By section 24 (1 h) of the Act of 1895 {q. v.\ the lia- 
 bility is transferred from the occupier to the owner in the 
 case of tenement factories, except in the case of an occupier 
 paying a rent over 200^. a year. 
 
 {d) By section 13 of the Act of 1895, this section is 
 extended to meet the case of death or injury caused by 
 nediect of this Act or of special rules. 
 
 This section does not deprive an injured person of any 
 right he may possess at common law to obtain compensa- 
 tion for injuries, or the representatives of a person who 
 has been killed of their right under Lord Campbell's 
 Act. 
 
 The fine not to be less than \l. in case of a second convic- 
 tion, in the case of a factory (Act of 1891, s. 28). 
 
 88. Where a child, young person, or woman Fine for 
 is employed in a factory or workshop contrary to ci^iidren, ^ 
 the provisions of this Act, the occupier of the ^^^^^^^^ 
 factory or workshop shall be liable to a fine not JJe^Jt. 
 exceeding three, or if the ofi"ence was committed 
 during the night, ^nq pounds for each child, 
 
104 
 
 Factory and WorhsJiop Act, 1878. 
 
 1878 Act, young person, or woman so employed ; and where 
 Sect. 83. a cliild, 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 
 liable 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 required by this Act, or during any part of 
 the times allowed for meals and absence from 
 work 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 thi& 
 Act. 
 
 The offences punishable under this section are those 
 defined in sections 9, 24, 39 ; and employment contrary to 
 the provisions contained in sections 10, 11, 12, 13, 14, 15, 
 16, 17, 18, 20, 21, 23, 24, 26, 27, 38, 43, 44, 45, 46, 47, 50, 
 51, 53, 54, 56, 57, 58, 59, 60. 
 
 The fine not to be less than \l. in case of a second convic- 
 tion, in the case of a factory (Act of 1891, s. 28). 
 
 Fines on 
 parents for 
 allowing 
 child or 
 young per- 
 son to be 
 employed 
 contrary to 
 the Act or 
 neglecting 
 to cause 
 child to 
 attend 
 school. 
 
 84. The parent of a child or young person 
 shall, — 
 
 (1.) If such child or young person is employed 
 in a factory or workshop contrary to 
 the provisions of this Act, be liable to 
 a fine not exceeding twenty shillings for 
 each offence, unless it appears to the 
 court that such offence was committed 
 without the consent, connivance, or 
 wilful default of such parent ; and 
 
 (2.) If he neglects to cause such child to attend 
 
Fines. 105- 
 
 school in accordance with this Act, be 1878 Act, 
 liable to a fine not exceeding twenty _1_ 
 shillings for each offence. 
 For definition of "parent," see section 96 (p. 121). 
 
 85. Every person who forges or counterfeits fg^mcltcs 
 any certificate for the purposes of this Act (for antfdedal?- 
 the forgery or counterfeiting of which no other t^°^^- 
 punislnnent is provided), or who gives or signs 
 
 any such certificate knowing the same to be false 
 in any material particular, or who knowingly 
 utters or makes use of any certificate so forged, 
 counterfeited, or false as aforesaid, or who know- 
 ingly utters or makes use of as applying 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, counter- 
 feiting, giving, signing, uttering, making use, or 
 personating as aforesaid, shall be liable to a fine 
 not exceeding twenty pounds, or to imprisonment 
 for a term not exceeding three months with or 
 without hard labour. 
 
 Every person who wilfully makes a false entry 
 in any register, notice, certificate, or document 
 required by this Act to be kept or served or 
 sent, or who wilfully makes or signs a false decla- 
 ration mider this Act, or who knowingly makes 
 use of any such false entry or declaration, shall 
 be liable to a fine not exceeding twenty pounds, 
 or to imprisonment for a term not exceeding three 
 months, with or without hard labour. 
 
 86. Where an offence for which the occupier Fine on 
 
 ^ ^ ^ ^ person com- 
 
 of a factory or workshop is liable under this Act mitting 
 
106 Factory and Workshop Act, 1878. 
 
 1878 Act, to a fine, has in fact been committed by some 
 
 -^ ■ agent, servant, workman, or other person, such 
 
 which agent, servant, workman, or other person shall be 
 
 occupier t i i , i n 'n^ ^ 
 
 Is liable. liable to the same fine as if he were the occupier. 
 Power of 87. Where the occupier of a factory or work- 
 
 ocfcupierto , . , , . i ro i • a 
 
 exempt shop IS charged with an offence against this Act, 
 from fine he shall be entitled upon information duly laid 
 
 oncouvlc- , , . , , , , 
 
 tionofthe by him to have any other person whom he 
 offender, charges as the actual offender, brought before 
 the court at the time appointed for hearing the 
 charge ; and if, after the commission of the 
 offence has been proved, the occupier of the fac- 
 tory or workshop proves to the satisfaction of the 
 court that he had used due diligence to enforce 
 the execution of the Act, and that the said other 
 person had committed the offence in question 
 without his knowledge, consent, or connivance, 
 the said other person shall be summarily con- 
 victed of such offence, and the occupier shall be 
 exempt from any fine. (a) 
 
 When it is made to appear to the satisfaction 
 of an inspector at the time of discovering the 
 offence, that the occupier of the factory or work- 
 shop had used all due diligence to enforce the 
 execution of this Act, and also by what person 
 such offence had been committed, and also that it 
 had been committed without the knowledge, con- 
 sent, or connivance of the occupier and in contra- 
 vention of his orders, then the inspector shall 
 proceed against the person whom he believes to 
 be the actual offender in the first instance, with- 
 
Legal Proceedings, 107 
 
 out first proceeding against the occupier of the 1878 Act, 
 factory or workshop. (6) — 1 
 
 (a) By section 50 of the Act of 1895, jpost, it is enacted that 
 where in pursuance of this section, another person than the 
 •occupier of a factory is convicted of an offence with which 
 the occupier is charged, that person shall in the discretion 
 of the court be liable to pay any costs incidental to the 
 proceedings. 
 
 (6) By section 49 of the Act of 1895, a person charged 
 under the Factory Acts with an offence is made a competent 
 witness in the case. 
 
 88. A person shall not be liable in respect of a Restraint 
 repetition of the same kind of offence from day to ^^^e fines, 
 •day to any larger amount of fines than the highest 
 fine fixed by this Act for the offence, except — 
 (a.) Where the repetition of the offence occurs 
 after an information has been laid for 
 the previous offence ; or 
 {b) Where the offence is one of employing 
 two or more children, young persons, 
 or women contrary to the provisions of 
 this Act. 
 
 (5.) Legal Proceedings, 
 89. All offences under this Act shall be prose- Prosecution 
 
 . ^ of offences 
 
 •cuted, and all fines under this Act shall be re- and re- 
 
 ^ ^ covery and 
 
 covered on summary conviction before a court of application 
 summary jurisdiction in manner provided by the 
 Summary Jurisdiction Acts. 
 
 A summary order may be made for the pur- 
 poses of this Act by a court of summary juris- 
 diction in manner provided by the Summary 
 Jurisdiction Acts. 
 
 All fines imposed in pursuance of this Act shall, 
 
108 Factory and Workshop Act, 1878. 
 
 1878 Act, save as otherwise expressly provided(a) by this 
 -- L ■ Act, be paid into the Exchequer. 
 
 The court of summary jurisdiction, when hearing 
 and determining a case arising under this Act, 
 shall be constituted either of two or more justices 
 of the peace sitting at some court or public place 
 at which justices are for the time being accustomed 
 to assemble for the purpose of holding petty ses- 
 sions, or of some magistrate or officer sitting alone 
 or with others at some court or other place 
 appointed for the public administration of justice, 
 and for the time being empowered by law to do 
 alone any act authorised to be done by more than 
 one justice of the peace. 
 
 Where a proceeding is taken before a court of 
 summary jurisdiction with respect to an offence 
 against this Act, alleged to be committed in, or 
 with reference to a factory or "workshop, the 
 occupier of that factory or workshop, and the 
 father, son, or brother of such occupier, shall not 
 be qualified to act as a member of such court. 
 
 (a) As to penal compensation to persons injured, see 
 section 82 (p. 102). 
 
 quSr*^ 90. If ^^^J person feels aggrieved by a convic- 
 sessions. ^-^^^ ^^ Order made by a court of summary jurisdic- 
 tion on determining an information or complaint 
 under this Act, he may appeal therefrom ; subject 
 in England to the conditions and regulations 
 following : — 
 
 (1.) The appeal shall be made to the next 
 practicable court of general or quarter 
 sessions [Jiaving jurisdiction in the country 
 
Legal Proceedings, 109 
 
 or place in which tJie decision of the court 1878 Act, 
 was given, holden not less than ticenty-one — ^ 
 days after the day on which such decision 
 was given ; and 
 
 (2.) The appellant shall ^ within ten days after 
 the day on which the decision of the court 
 was given ^ sei've notice on tlie other party 
 and on the clerk of the court of summa7'y 
 jurisdiction, of his intention to appeal, and 
 of the general grounds of such appeal ; and 
 
 (3.) The appellant shall, within three days after 
 such notice is sei'ved, enter into a recog- 
 nizance hefore a court of summary juris- 
 diction with or without a surety or sureties 
 as the court may direct, conditioned to 
 appear at the said sessions and to try such 
 appeal, and to abide tJie judgment of tJie 
 court thereon, and to pay such costs as 
 may be awarded by the court : or the 
 appellant may, if the court of summa7'y 
 jurisdiction thinks it expedient, instead of 
 entering into a recognizance, give such 
 otJier security by deposit of money with 
 the clerk of the court of summary jurisdic- 
 tion, or otherwise as the court deem 
 sufficient ; and 
 
 (4.) Where the appellant is in custody a court of 
 summary jurisdiction may, if they think 
 fit, on the appellant entering into such 
 recognizance, or giving such other security 
 as aforesaid, release him from custody ; 
 and 
 
 (5.) The court of appeal may adjourn the hear-' 
 
110 Factory and Workshop Act, 1878. 
 
 1878 Act, ing of tJie appeal, and upon the Jiearing 
 
 — - ' thereof may confirm, reverse, or modify 
 
 the decision of the court of summary 
 jurisdiction or remit the matter to the 
 court of summary jurisdiction, with the 
 opinion of the court of appeal the7'eon, 
 or make such otJier order in the matter 
 as the court thinks just ; and 
 
 (6.) The court of appeal may also make such 
 order as to costs to be paid by either party 
 as the court thinks just ; and 
 
 (7.) Whenever a decision is reversed by tJie court 
 of appeal the clerk of tlw peace shall 
 indorse on the conviction or order appealed 
 against, a memorandum that the same has 
 been quashed; and lohenever any copy 
 or certificate of such conviction or order is 
 mxide, a copy of such memorandum shall 
 be added thereto, and shall be sufficient 
 evidence that tJie conviction or order has 
 been quashed, in every case where such 
 copy or certificate would be sitfficient 
 evidence of such conviction or order ; and 
 
 (8.) Every notice in writing required by this 
 section to be given by an appellant may 
 be signed by him or by his agent on his 
 behalf, and may be transmitted in a re- 
 gistered letter by tlw post in the ordinary 
 way, and shall be deem£d to have been 
 served at tJw time when it loould^^be 
 delivered in the ordinary course of post. 1 
 
 The rest of this section after the words "quarter 
 sessions" in sub-section (1) is repealed by the Summary 
 Jurisdiction Act, 1884. 
 
Legal Proceedings. Ill 
 
 91. The following provisions shall have effect 1878 Act, 
 with respect to summarv proceedino;s for offences — ^ 
 
 ^ " -^ ° Limitation 
 
 and fines under this Act : — of time and 
 
 general pro- 
 
 (1.) \_The information shall he laid within twoj^^^^^^^ 
 months, or, where the offence is punishable Proceedings. 
 at discretion by impiisonment, or is a 
 breach of the provisions of this Act ivith 
 respect to holidays, within three months 
 after the commission of the offence :(a) 
 
 (2.) The description of an offence in the words of 
 this Act, or in similar ivords, shall be 
 sufficient in law : 
 
 (3.) Any exception, exemption, proviso, excuse, or 
 qualification, whether it does or not accom- 
 pany tlie desciiption of the offence in this 
 Act, may be proved by the defendant, but 
 need not be specified or negatived in the 
 information,andif so specified or negatived, 
 no proof in relation to the matters so 
 specified or negatived shall be required on 
 tJie part of the informant .•](^) 
 
 (4.) It shall be sufficient to allege that a factory 
 or workshop is a factory or workshop 
 within the meaning of this Act without 
 more : 
 
 (5.) It shall be sufficient to state the name of 
 the ostensible occupier of the factory or 
 workshop or the title of the firm by 
 which the occupier employing persons 
 in the factory or workshop is usually 
 known : 
 
 (6.) \_A conviction or order made in any matter 
 arising under this Act, either originally 
 
112 Factory and Workshop Act, 1878. 
 
 1878 Act, or on appeal, shall not he quasliedfor want 
 
 ~— ' of form, and'Kc) a conviction or order 
 
 made by a court of summary jurisdiction 
 against which a person is authorised 
 by this Act to appeal shall not be 
 removed by certiorari or otherwise, either 
 at the instance of the Crown or of any 
 private person, into a superior court, 
 except for the purpose of the hearing 
 and determination of a special case. 
 
 (a) Sub-section (1) is repealed by the Act of 1891, and 
 section 29 of the Act of 1891 (g. v.) is substituted for it. 
 
 (h) Sub-sections (2) and (3) are repealed by the Sum- 
 mary Jurisdiction Act, 1884 (47 & 48 Vict. c. 43, s. 4, and 
 Schedule). 
 
 (c) The words in italics in this sub-section are repealed 
 by the Summary Jurisdiction Act, 1884. 
 
 Evidence in 92. If ^ pcrson is found in a, factory except 
 pipccedings. at meal times, or while all the machinery 
 of the factory is stopped, or for the sole purpose 
 of bringing food to the persons employed in 
 the factory or workshop between the hours of 
 four and five o'clock in the afternoon, such person 
 shall, until the contrary is proved, be deemed for 
 the purposes of this Act to have been then 
 employed in the factory or workshop : 
 
 Provided that yards, playgrounds, and places 
 open to the public view, schoolrooms, waiting- 
 rooms, and other rooms belonging to the factory or 
 workshop in which no machinery is used or manu- 
 facturing process carried on, shall not be taken to 
 be any part of the factory or workshop within the 
 meaning of this enactment ; and this enactment 
 shall not apply to a factory or workshop to which 
 
Legal Proceedings. 113 
 
 the provisions of this Act with respect to the affix- 1878 Act, 
 . n ,. 1 . 1 Sect. 92. 
 
 mg 01 notices do not apply. — 
 
 Where a child or young person is, in the opinion 
 of the court, apparently of the age alleged by the 
 informant, it shall He on the defendant to prove 
 that the child or young person is not of that age. 
 
 A declaration in writing by a certifying surgeon 
 for the district that he has personally examined a 
 person employed in a factory or workshop in that 
 district, and believes him to be under the age set 
 forth in the declaration, shall be admissible in 
 evidence of the age of that person, 
 
 A copy of a conviction for an offence against 
 this Act purporting to be certified under the hand 
 of the clerk of the peace having the custody of 
 such conviction to be a true copy shall be receiv- 
 able as evidence, and every such clerk of the peace 
 shall, upon the written request of an inspector and 
 payment of a fee of one shilling, deliver to him a 
 copy of the conviction so certified. 
 
 This section is extended to workshops by section 30 
 oftheActof 1891(2. v.). 
 
114 Factory and Worhsliop Act, 1878. 
 
 1878 Act, 
 Sect 93. 
 
 PART IV. 
 
 Definitions, Savings, Application to Scotland 
 
 AND IkELAND, and EePEAL. 
 
 (1.) Definitions, 
 
 93. The expression ^' textile factory " in tMs 
 Act means — 
 and work- Any premises wherein or within the close or 
 wfi Act curtilage of which steam, water, or other 
 
 jppies. mechanical power is used to move or work 
 
 any machinery employed in preparing, manu- 
 facturing, or finishing, or in any process 
 incident to the manufacture of, cotton, wool, 
 hair, silk, flax, hemp, jute, tow, china-grass, 
 cocoa-nut fibre, or other like hiaterial, either 
 separately or mixed together, or mixed with 
 any other material, or any fabric made 
 thereof : 
 Provided that print works, bleaching and dye- 
 ing works, lace warehouses, paper mills, flax 
 scutch mills, rope works, and hat works shall 
 not be deemed to be textile factories. 
 The expression "non-textile factory" in this 
 Act means — 
 
 (1.) Any works, warehouses, furnaces, mills, 
 foundries, or places named in Part One 
 of the Fourth Schedule to this Act, 
 (2.) Also any premises or places named in 
 Part Two of the said Schedule wherein, 
 or within the close or curtilage or 
 
Definition of Factory and Worlcshop. 115 
 
 precincts of which, steam, water, or 1878 Act, 
 other mechanical power is used in aid —1 ' 
 of the manufacturing process carried on 
 there, 
 {^3.) Also any premises wherein, or within the 
 close or curtilage or precincts of which, 
 any manual labour is exercised by way 
 of trade or for purposes of gain in or 
 incidental to the following purposes, or 
 any of them ; that is to say, 
 
 (a.) In or incidental to the making 
 of any article or part of any 
 article, or 
 (5.) In or incidental to the altering, 
 repairing, ornamenting, or finish- 
 ing of any article, or 
 (c.) In or incidental to the adapting 
 for sale of any article, 
 and wherein, or within the close or 
 curtilage or precincts of which, steam, 
 water, or other mechancial power is 
 used in aid of the manufacturing process 
 carried on there. 
 The expression " factory " in this Act means 
 textile factory and non-textile factory, or either 
 of such descriptions of factories. 
 
 The expression " workshop " in this Act 
 means — 
 
 (1.) Any premises or places named in Part 
 Two of the Fourth Schedule to this 
 Act, which are not a factory within the 
 meaning of this Act, 
 (2.) Also any premises, room, or place not ' ' 
 
 i2 
 
116 Factory and Workshop Act, 1878. 
 
 1878 Act, being a factory within the meaning of 
 
 —1 ' this Act, in which premises, room, or 
 
 place, or within the close or curtilage 
 or precincts of which premises, any- 
 manual labour is exercised by way of 
 trade or for purposes of gain in or inci- 
 dental to the following purposes or any 
 of them ; that is to say, 
 
 (a.) In or incidental to the making 
 of any article or of part of any 
 article, or 
 (6.) In or incidental to the altering, 
 repairing, ornamenting, or finish- 
 ing of any article, or 
 
 (c.) In or incidental to the adapting 
 for sale of any article, 
 and to which or over which premises^ 
 room, or place the employer of the 
 persons working therein has the right 
 of access or control. 
 A part of a factory or workshop may for the 
 purposes of this Act be taken to be a separate 
 factory or workshop ; and a place solely used as a 
 dwelling{a) shall not be deemed to form part of the 
 factory or workshop for the purposes of this Act. 
 
 (a) Amended by the Act of 1891, s. 31, to "room solely 
 used for the purpose of sleeping therein." 
 
 Where a place situate within the close, cur- 
 tilage, or precincts forming a factory or workshop 
 is solely used for some purpose other than the 
 manufacturing process or handicraft carried on in 
 the factory or workshop, such place shall not be 
 
Definition of Factory and Workshop, 117 
 
 deemed to form part of that factory or workshop 1878 Act, 
 for the purposes of this Act, but shall, if other- ^®^93. 
 wise it would be a factory or workshop, be deemed 
 to be a separate factory or workshop, and be 
 regulated accordingly, (a) 
 
 Any premises or place shall not be excluded 
 from the definition of a factory or workshop by 
 reason only that such premises or place are or is 
 in the open air. (J) 
 
 This Act shall not apply to such workshops, 
 other than bakehouses, as are conducted on the 
 system of not employing any child, young person, 
 or woman therein, (c) but save as aforesaid applies 
 to all factories and workshops as before defined, 
 inclusive of factories and workshops belonging to 
 the Crown ; provided that in case of any public 
 emergency a Secretary of State may exempt a 
 factory or workshop belonging to the Crown from 
 this Act to the extent and during the period 
 named by him. 
 
 The exercise by any child or young person in 
 any recognised efficient school during a portion 
 of the school hours of any manual labour for the 
 purpose of instructing such child or young person 
 in any art or handicraft, shall not be deemed to 
 be an exercise of manual labour for the purpose 
 of gain within the meaning of this Act. 
 
 (a) Cf. section 39 of the Act of 1895 as to power of Secre- 
 tary of State under section 65 of this Act with respect to 
 " different factories or workshops." 
 
 (6) It was held under the Factory Act, 1867, that place 
 in the open air, although some manufacturing process 
 might be carried on in them, would not be included in the 
 term factory — hence the enactment respecting places in the 
 open air. See note to " Quarries ;" and the case of Kent v. 
 Astley, 39 L. J. M. C. 3, in the notes to Part 2 of Schedule 
 4 of this Act, ;post. 
 
118 Factory and WorksJiop Act, 1878. 
 
 1878 Act, (c) But by section 18 of the Act of 1895, post, accidents in 
 Sect. 93. such workshops must be reported : see also sections 20 and 
 — 21 of same Act as to registers and investigation. Cf. also 
 section 28 (2) as regards dangerous trades, &c., and sec- 
 tion 42 as regards lists of outworkers. 
 
 Three cases have been decided which have a bearing as 
 to what constitutes a " Textile Factory." 
 
 In the case of Haydon v. Taylor, 33 L. J. M. C. 30, it was 
 held that a factory in which cotton sewing thread, manu- 
 factured elsewhere, but wound by machinery moved by 
 steam-power, first on to cops, and secondly on to spools, — 
 no other process except this particular process being carried 
 on, — was within the operation of the Factory Acts. 
 
 In the case of Whymper v. Harney, 11 L. T. (n.s.) 711, 
 it was held that a factory in which the manufacture of 
 crinoline skirts was carried on was within the operation of 
 the Factory Acts. The process was as follows : — Steel plates 
 were cut into strips and covered with cotton, the cotton 
 being either wound round the steel, or plaited so as to make 
 a case for the steel, and the steel strips when so covered 
 were sewn into skirts for sale. 
 
 The case of Taylor v. Hickes, 31 L. J. M. C. 242, may also 
 be quoted. A factory was engaged in the manufacture of 
 webbing, a fabric of cotton and wool combined, by the aid 
 of steam power. The webbing was cut into proper lengths 
 for braces and girths, and made into such articles by attach- 
 ing to them buckles and straps of leather. The leather 
 skins were cut into appropriate pieces, and holes bored in 
 them in a building within the curtilage, but separate and 
 distinct from the building in which the webbing was 
 manufactured. 
 
 It was held that the building in which the leather was 
 cut and bored was a part of the factory, as it could not be 
 said to be a room employed solely for the manufacture of 
 goods of any other material than those enumerated in the 
 Act. 
 
 The words " other mechanical power," include gas, but 
 will not apply to a fly-wheel whicn is worked by hand or 
 by animal power. 
 
 " Textile factory " now includes the manufacture of any 
 fibrous material besides those enumerated by name. 
 
 " Finishing." — See note to finishing in the Fourth 
 Schedule, Part 1. 
 
 The finishing in this section refers to any operation in 
 connection with the manufacture. After the completion of 
 the manufacture the " finishing " is a process in connection 
 with bleaching and dyeing. 
 
 Paper Mills. — See note to Paper Mills in the Fourth 
 Schedule, Part 1. 
 
Definition of Employment and School, 119 
 
 Kope-works. — See note to Kope-works in the Fourth 1878 Act, 
 Schedule, Part 2. Sect. 93. 
 
 Hat- works. — See note to Hat-works in the Fourth — 
 Schedule, Part 2. 
 
 The word " article," under the Factory Act, 1867, was 
 held not to be applicable to a " ship " in a factory in which 
 shipbuilding was carried on, — although there might be 
 separate "articles" in a shipbuilding yard which would 
 be within the meaning of the word. The difficulty has 
 been obviated by the subsequent enactment, that a ship- 
 building yard is either a factory or a workshop. See note 
 to "Shipbuilding Yards," and the case of Palmer Ship- 
 huilding Co. v. Chaytor, 38 L. J. M. C. 63, in the notes to 
 Part 2 of the Fourth Schedule. 
 
 It must be noted that in regard to certain provisions 
 " laundries " are now to be dealt with as " factories " or 
 "workshops" by section 22 of the Act of 1895 {q. vX 
 and " docks," " wharves," " quays," " warehouses," " build- 
 ings in construction," &c., by section 23 of same Act. 
 
 94-. A child, young person, or woman who J^/em*}o°. 
 works in a factory or workshop, whether for forking for 
 wages or not, either in a manufacturing process ^^^®- 
 or handicraft, or in cleaning any part of the 
 factory or workshop used for any manufacturing 
 process or handicraft, or in cleaning or oiling any 
 part of the machinery, or in any other kind of 
 work whatsoever incidental to or connected with 
 the manufacturing process or handicraft, or 
 connected with the article made or otherwise the 
 subject of the manufacturing process or handi- 
 craft therein, shall, save as is otherwise provided 
 by this Act, be deemed to be employed therein 
 within the meaning of this Act. 
 
 For the purposes of this Act an apprentice shall 
 be deemed to work for hire. 
 
 95. The expression ^* certified efficient school" ?/.fSrtmed 
 in this Act means a public elementary school Sooi!" 
 within the meaning of the Elementary Education 
 
120 . Factory and Workshop Act, 1878. 
 
 1878 Act, Acts, 1870 and 1873, and any workhouse school 
 — L ' in England certified to be efficient by the Local 
 
 C.75. Government Board, and also any elementary 
 
 cSfi. * school which is not conducted for private profit, 
 and is open at all reasonable times to the inspec- 
 tion of Her Majesty's inspectors of schools, and 
 requires the like attendance from its scholars as 
 is required in a public elementary school, and 
 keeps such registers of those attendances as may 
 be for the time being required by the Education 
 Department, and is certified by the Education 
 Department to be an efficient school ; and the 
 
 Definition of expression " recognised efficient school " means a 
 
 " recognised ^ ° 
 
 Swr* certified efficient school as above defined, and 
 also any school which the Education Department 
 have not refused to take into consideration under 
 
 33&34Vict.^jjg Elementary Education Act, 1870, as a school 
 giving efficient elementary education to and suit- 
 able for the children of a school district, and which 
 is recognised for the time being by an inspector 
 under this Act as giving efficient elementary 
 education, and the inspector shall immediately 
 report to the Education Department every school 
 so recognised by him. 
 
 For definition of " certified efficient school " in Scotland, 
 see section 105 (1). 
 
 For definition of " certified efficient school " in Ireland, 
 see section 106 (1). 
 
 dS^J)ns. 96. In this Act, unless the context otherwise 
 
 requires, — 
 "cwid." The expression "child " means a person under 
 
 the age of fourteen years :(a) 
 JJJ^S The expression " young person " means a person 
 
Interpretation of Terms, 121 
 
 of the age of fourteen years and under the 1878 Act, 
 
 age of eighteen years : — '- 
 
 The expression "woman" means a woman of "Woman." 
 
 eighteen years of age and upwards : 
 The expression "parent" means a parent or "Parent" 
 
 guardian of, or person having the legal 
 
 custody of, or the control over, or having 
 
 direct benefit from the wages of, a child or 
 
 young person : 
 The expression "Treasury" means the Com- "Treasury." 
 
 missioners of Her ^lajesty's Treasury : 
 The expression " Secretary of State " means one " Secretary 
 
 of Her Majesty's Principal Secretaries of 
 
 Stat«: 
 The expression " Education Department " JJ^^'}^^"^ 
 
 means the Lords of the Committee of the "^^nt" 
 
 Privy Council on Education : 
 The expression " sanitary authority " means an "^^,, 
 
 urban or rural sanitary authority within the 
 
 meaning of the Public Health Act, 1875, and f *3^^^<^ 
 
 any commissions, board, or vestry in the 
 
 metropolis having the like powers as such 
 
 urban sanitary authority : 
 The expression "person" includes a body of •* Person." 
 
 persons corporate or unincorporate : 
 The expression "week" means the period " week." 
 
 between midnight on Saturday night and 
 
 midnight on the succeeding Saturday night : 
 The expression " night " means the period "Night.* 
 
 between nine o'clock in the evening and six 
 
 o'clock in the succeeding morning : 
 The expression " prescribed " means prescribed ^^^^^ 
 
 for the time being by a Secretary of State ; 
 
122 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, 
 Sect. 96. 
 
 " Summary 
 Jurisdiction 
 Acts." 
 
 "Court of 
 Summary 
 Jurisdic- 
 tion." 
 
 "Mill-gear- 
 ing." 
 
 The expression " Summary Jurisdiction Acts '* 
 means the Act of the session of the eleventh 
 and twelfth years of the reign of Her present 
 Majesty, chapter 43, intituled " An Act to 
 facilitate the performance of the duties of 
 justices of the peace out of sessions within 
 England and Wales with respect to summary 
 convictions and orders," and any Acts amend- 
 ing the same : 
 The expression " court of summary jurisdiction " 
 means any justice or justices of the peace, 
 metropolitan police magistrate, stipendiary or 
 other magistrate, or officer, by whatever name 
 called, to whom jurisdiction is given by the 
 Summary Jurisdiction Acts or any Acts 
 therein referred to : 
 The expression " mill-gearing " comprehends 
 every shaft, whether upright, oblique, or 
 horizontal, and every wheel, drum, or pulley 
 by which the motion of the first moving power 
 is communicated to any machine appertaining 
 to a manufacturing process. 
 The factories and workshops named in the 
 Fourth Schedule to this Act are in this Act referred 
 to by the names therein assigned to them. 
 
 (a) A child under this Act is a child until the age of four- 
 teen years and consequently does not become a young person 
 until the age of fourteen has been attained. But a child 
 having reached the age of thirteen, and having obtained a 
 certificate of having passed the prescribed standard of pro- 
 ficiency, or of having attended a certified efficient school for 
 the prescribed number of attendances, may, upon having 
 also obtained the medical certificate of fitness, be employed 
 as a young person. See sections 26 and 30 (pp. 33 and 41). 
 
Special Exemption of Certain Trades, 123- 
 
 1878 Act, 
 Special Exemption of certain Trades. Sect. 97. 
 
 97. The exercise in a private house or private ofhSJdi°" 
 room by the family dwelling therein, or by any of Fifth 
 them, of manual labour by way of trade, or for in private 
 purposes of gain in or incidental to any of the 
 handicrafts specified in the Fifth Schedule to this 
 
 Act, shall not of itself constitute such house or 
 room a workshop within the meaning of this Act. 
 
 When it is proved to the satisfaction of a Secre- 
 tary of State that by reason of the light character 
 of the handicraft carried on in any private house 
 or private room by the family dwelling therein, 
 or by any of them, it is expedient to extend this 
 section to that handicraft, he may by order extend 
 the same. 
 
 The order shall be made in manner provided 
 by Part Two of this Act, and that part shall apply 
 so far as circumstances admit as if the order were 
 an order extending an exception. 
 
 The occupations named in the schedule are : — 
 
 Straw plaiting. 
 
 Pillow lace making. 
 
 Glove making. 
 And to these the Secretary of State may add others. 
 But the labour must be exercised by the family only 
 dwelling in the house, and hence plait schools and lace 
 schools will continue to be workshops as heretofore, and 
 the decision in the case of Beadon v. Parrott, L. E. 6 Q. B. 
 718, still holds good. 
 
 98. The exercise in a private house or private S^c^^ta^ 
 room by the family dwelling therein, or by any of i^o^^e-work. 
 them, of manual labour for the purposes of gain 
 
 in or incidental to some of the purposes in this 
 Act in that behalf mentioned, shall not of itself 
 
124 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, constitute such house or room a workshop where 
 — ^ ' the labour is exercised at irregular intervals, and 
 does not furnish the whole or principal means of 
 living to such family. 
 
 This section applies to cases in which one or more 
 members of a family may be employed at home in some 
 occupation subsidiary to the main occupation of the family, 
 and which is only intermittent or occasional. 
 
 (2.) Savings, 
 
 Saving as to 99. Where in a factory the owner or hirer of 
 hirer of a machine or implement moved by steam, water, 
 
 machine i . i . *, • 
 
 where not or other mechanical power, m or about or m con- 
 occupier. , , 
 
 nexion with which machine or implement children, 
 
 young persons, or women are employed, is some 
 
 person other than the occupier of the factory, and 
 
 such children, young persons, or women are in the 
 
 employment and pay of the owner or hirer of such 
 
 machine or implement, in any such case such 
 
 owner or hirer shall, so far as respects any offence 
 
 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. 
 
 The occupier of the factory is responsible for the sanitary 
 state of the whole of the factory, and the fencing of the 
 mill-gearing, machinery, &c. Cf., regulations as to tene- 
 ment factories (section 24 of the Act of 1895). 
 
 Saving for 
 person em- 
 ployed in 
 repair of 
 machinery 
 orof factoiy 
 or work- 
 shop, er in 
 process of 
 curing fish. 
 
 100. Nothing in this Act shall extend — 
 
 (1.) To any young person, being a mechanic, 
 
 artisan, or labourer, working only in 
 
 repairing either the machinery in or any 
 
 part of a factory or workshop ; or 
 
 (2.) To the process of gutting, salting, and 
 
Savings. 125 
 
 packing fish immediately upon its arrival 1878 Act, 
 in the fisliing boats. -^ 
 
 By section 32 of the Act of 1891 (g'.y.) a further exemp- 
 tion is added of " the process of cleaning and preparing 
 fruit so far as is necessary to prevent the spoiling of the 
 fruit on its arrival at a factory or workshop during the 
 months of June, July, August, and September." 
 
 Mechanics, &c., employed in making and repairing 
 machinery in the factory weie formerly exempted, but 
 now only those employed in repairs are exempted. 
 
 Care must be taken not to confound the exemption for 
 " gutting, salting, and packing fish immediately upon its 
 arrival in the fishing boats," with the " process of curing 
 or preserving fish," in which overtime may be worked under 
 section 56, and Schedule 3, Part 5. 
 
 101. The provisions of section ninety-one of^Pgj°J*j^^ 
 the Public Health Act, 1875, (a) with respect to a ^J^p^^f" 
 factory, workshop, or workplace not kept in ajs^^gvict. 
 cleanly state or not ventilated or overcrowded, 
 shall not apply to a factory or workshopQ)) 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, 1875, shall 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, 
 
 (a) See Appendix. 
 
 ]h) The words " or workshop " are repealed by section 
 39, and Schedule 2 of the Act of 1891, post. 
 
 This section relieves the local authority from the enforce- 
 ment of section 3 of this Act in factories, which is to be 
 administered by the inspectors of factories ; the local autho- 
 rity administer like provisions under the Public Health 
 Act, 1875, and under the Act of 1891, in workshops. 
 
126 Factory and Workshop Act, 1878. 
 
 1878 Act, 102. -^ny enactment or document referring to 
 
 -^ ■ the Acts repealed by this Act, or any of them, or 
 
 tionof to any enactment thereof, shall be construed to 
 
 &C., refer- ' refer to this Act and to the corresponding enact- 
 
 ringto X XT- p r & 
 
 repealed ment thereof. 
 
 Acts. 
 
 (3.) Application of Act to Scotland and Ireland, 
 Svtag°'S7 103. The provisions of this Act shall, in the 
 ofchiidren'^ case of a factory or workshop in Scotland or 
 ami children I^^land, in which a child under the age of ten 
 Tn Scotland 1^^^^ ^^^7 lawfully be employed at the passing of 
 ixnd Ireland, ^j^jg j^^^^ ^^ modified as follows ; that is to say, 
 
 (1.) Shall apply during twelve months after the 
 commencement of this Act to children of 
 the age of nine years and upwards, as if 
 they were of the age of ten years ; and 
 (2.) Shall not prevent a child who, before the 
 commencement of this Act, is lawfully 
 employed in any factory or workshop as 
 a child under the age of nine years, or 
 any child who during the twelve months 
 next after the commencement 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 apply 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, who before the 
 expiration of twelve months after the 
 
Certificates of Birth {Scotland and Ireland), 127 
 
 commencement of this Act is lawfully 1878 Act, 
 employed in a factory or worksliop as a "^^ ' •^"^' 
 young person, from continuing to be 
 employed in a factory or worlishop as a 
 young person. (a) 
 
 (a) Temporary provisions now obsolete. 
 
 104. ^Tiere the a^e of any child is required certificates 
 
 *^^' . ^ *= 1 P 1 of birth for 
 
 to be ascertamed or proved for the purposes of P"rpose8of 
 this Act, or for any purpose connected with the 
 elementary education or employment in labour of 
 such child, any person, on presenting a written 
 requisition in such form and containing such 
 particulars as may be from time to time pre- 
 scribed by a Secretary of State, and on payment 
 of such fee, not exceeding one shilling, (a) as a 
 Secretary of State from time to time fixes, shall 
 be entitled to obtain — 
 
 (1.) In Scotland an extract under the hand of 
 the registrar under the Act of the seven- 
 teenth and eighteenth years of Her pre- 
 sent Majesty, chapter eighty, and any 
 Acts amending the same, of the entry in 
 the register kept under those Acts ; and 
 (2.) In Ireland a certified copy(^>) under the 
 hand of the registrar or superintendent 
 registrar under the Registration of Births 26 & 27 vict. 
 and Deaths (Ireland) Act of the entry in 
 the register under that Act of the birth 
 of the child named in the requisition. 
 
 (a) By section 35 of the Act of 1891 (3. v.), the fee is 
 not to exceed 6c?. 
 
 (6) The form of requisition was prescribed by the Secre- 
 tary of State on June 19th, 1895. 
 
128 Factory and WorksJiop Act, 1878. 
 
 1878 Act, 105. In the application of this Act to Scot- 
 Sectl05. j^^^__ 
 
 of Act to (1.) The expression " certified efficient school '* 
 
 means any public or other elementary 
 
 school nnder Government inspection : 
 
 (2.) [7w lieu of Christmas Day and eitJier Good 
 
 Friday or the next public holiday under 
 
 38 & 39 Vict. the Holidays Extension Act, 1875, there 
 
 shall be allowed as a holiday to every 
 child J young person^ and woman employed 
 in a factory or workshop tJie whole of two 
 days separated from each other by an 
 interval of not less than three months, one 
 of which sliall be a day set apart by the 
 Church of Scotland for the observance of 
 the sacramental fast in the parish in which 
 tlie factory or workshop is situate, or some 
 other day substituted for such day as afore- 
 said by the occupier specifying the same in 
 the notice affixed in the factory or work-* 
 shop^l [a) 
 (3.) The expression " sanitary authority '* means 
 
 30 & 31 Vict the local authority xmder the Public 
 
 '•^°^' Health (Scotland) Act, 1867 : 
 
 (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 officer appointed by the 
 parochial board : 
 The expression "poor law medical officer" 
 means the medical officer appointed by 
 the parochial board : 
 
 1 16? ^^^ (^0 The expression *^ Companies Clauses Con- 
 
Application to Scotland, 129 
 
 solidation Act, 1845," means the Com- 1878 Act, 
 parties Clauses Consolidation (Scotland) -1- 
 
 \ , .OAK 8&9ViCt. 
 
 Act, 184:5 ; c.i7. 
 
 (6.) The expression "Summary Jurisdiction 27 & 28 Vict. 
 Acts " means " The Summary Procedure 
 Act, 1864," and any Acts amending the 
 same ; 
 (7.) The expression " court of summary juris- 
 diction " means the sheriff of the county 
 or any of his substitutes : 
 (8.) The expression ^' Education Department " 
 means the Lords of the Committee of 
 the Privy Council appointed by Her 
 Majesty on Education in Scotland : 
 (9.) The expression " county court " means the 
 sheriff court : 
 
 (10.) All matters required by this Act to be 
 published in the London Gazette shall 
 (if they relate exclusively to Scotland), 
 instead of being published in the London 
 Gazette, be published in the Edinburgh 
 Gazette only : 
 
 (11.^ The expression '^ information " means 
 petition or complaint : 
 
 (12.) The expression " informant " means peti- 
 tioner, pursuer, or complainer : 
 
 (13.) The expression " defendant " means de- 
 fender or respondent : 
 
 (14.) The expression " clerk of the peace " 
 means sheriff clerk : 
 
 (15.) All offences under this Act shall be pro- 
 secuted and all penalties under this Act 
 shall be recovered under the provisions 
 
130 Factory and Workshop Act, 1878. 
 
 Sect 105 ^^ *^® 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 common form : 
 
 (17.) All fines under this Act in default of pay- 
 ment," and all orders made under this 
 Act failing compliance, may be enforced 
 by imprisonment for a term to be speci- 
 fied in the order or conviction, 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 
 under this Act that such prosecution 
 is brought at the instance of such in- 
 spector : 
 
 (19.) Every person convicted of an offence 
 under this Act shall be liable in the 
 reasonable costs and charges of such 
 conviction : 
 
 (20.) All penalties imposed and recovered under 
 this Act shall be paid to the clerk of the 
 court, and by him accounted for and 
 paid to the Queen's and Lord Treasurer's 
 Remembrancer, on behalf of Her Ma- 
 jesty's Exchequer, and shall be carried 
 to the consolidated fund : 
 
 (21.) All jurisdictions, powers, and authorities 
 necessary for the purposes of this section 
 
Application to Ireland, 131 
 
 are conferred on the sheriffs and their 1878 Act, 
 , ... , Sect. 105. 
 
 substitntes : — 
 
 {22.) Any person 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 year of the reign of 
 His Majesty King George the Second, 
 chapter forty-three, or under any enact- 
 ment amending that Act, or appljdng 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 Prosecu- 
 tions Appeal (Scotland) Act, 1875. 
 
 {a) For sub-section (2) as to hohdays, section 33 (4) of 
 Act of 1891 is substituted. 
 
 The following definitions are added by section 33 of the 
 Act of 1891 :— 
 (1.) The expression "Births and Deaths Eegistration 
 
 Acts, 1836 to 1874," shall mean the Acts relating 
 
 to the registration of births, deaths, and marriages 
 
 in Scotland : 
 (2.) The expression "PubHc Health Act, 1875," where 30 & 31 Vict. 
 
 it occurs in section seven of this Act shall mean *• ^^^* 
 
 the PubHc Health (Scotland) Act, 1867, and the 
 
 Acts amending the same : 
 (3.) The board of supervision shall be substituted for the 
 
 Local Government Board. 
 
 106. In the application of this Act to Ire- ^PPjJcation 
 
 land — Ireland. 
 
 (1.) The expression '' certii&ed efficient school " 
 means any national school, or any school 
 recognised by the Lord Lieutenant and 
 Privy Council as affording sufficient 
 means of literary education for the pur- 
 poses of this Act : 
 k2 
 
132 Factory and Workshop Act, 1878. 1 
 
 1878 Act, (2.) [In lieu of any two half -holidays allowed 
 -1— ' under tlie provisions of sub-section (2) in 
 
 section twenty-tico of this Act, there shall be 
 allowed as a holiday to every child, young 
 person, and woman employed in a factory 
 or workshop theivhole oftlie seventeenth day 
 of March : Provided, that ivJien this date 
 falls on a Sunday, this subsection shall 
 have no effect as regards such date ;] (a) 
 
 (3.) The expression *^ sanitary authority " means 
 an urban or rural sanitary authority 
 37 & 38 Vict within the meaning of the Pubhc Health 
 
 (Ireland) Act, 1874, and any Act amend- 
 ing the same : 
 
 (4.) The expression " medical officer of health '* 
 means the medical sanitary officer of the 
 sanitary district : 
 • The expression ^' poor law medical officer '* 
 means the dispensary doctor : 
 
 (5.) Any Act authorised to be done or consent 
 required to be given by the Education 
 Department under this Act shall be 
 done and given by the liord Lieutenant 
 or Lords Justices of Ireland, acting by 
 and with the advice of the Privy Council 
 in Ireland : 
 
 (6.) The expression " county court " means the 
 civil bill court : 
 
 (7.) The expression "Summary Jurisdiction 
 Acts " means, within the police district 
 of Dublin metropolis, the Acts regu- 
 lating the powers and duties of justices of 
 the peace for such district, or of the police 
 
Application to Ireland. 133 
 
 of such district, and elsewhere in Ireland 1878 Act, 
 the Petty Sessions (Ireland) Act, 1851, Sectl06. 
 and any Act amending the same : cf 93.^^ ^^** 
 
 (8.) A court of summary jurisdiction when 
 hearing and determining an information 
 or complaint in any matter arising under 
 this Act shall be constituted within the 
 poHce district of Dublin metropolis of 
 one of the divisional justices of that dis- 
 trict 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 
 appointed for holding petty sessions : 
 
 {9.) Appeals from a court of summary jurisdic- 
 tion shaU lie in the manner and subject 
 to the conditions and regulations pre- 
 scribed in the twenty-fourth section of 
 the Petty Sessions (Ireland) Act, 1851, JM'*^*^*' 
 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), Jf 9?" ^^«*- 
 1851, and any Act amending the same : 
 
 (11.) The provisions of section nineteen of the 
 
 Public Health Act, 1866, or of any 29 & soviet. 
 
 enactment substituted for that section 
 
 with respect to any factory, workshop, 
 
 or workplace not kept in a cleanly state, 
 
 or not ventilated, or overcrowded, shall 
 
 not apply to any factory or workshop 
 
134 Factory and Workshop Act, 1878. 
 
 1878 Act, which is subject to the provisions of this^ 
 
 Sect. 106. A X ui, XX IT x-i 
 
 — Act with respect to cleannness, ventila- 
 
 tion, and overcrowding, but shall apply 
 to every other factory, workshop, and 
 workplace : 
 
 It is hereby declared that the sanitary 
 
 37 & 88 Vict ^c^s within the meaning of the Public 
 
 '^•«3- ' 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 employed : 
 
 (12.) All matters required by this Act to be^ 
 
 published in the London Gazette shall, 
 
 if they relate exclusively to Ireland,, 
 
 instead of being published in the London 
 
 Gazette^ be published in the Dublin 
 
 Gazette only. 
 
 (a) Sub-section (2) as to holidays was repealed by the 
 Act of 1891, and the following paragraj)h (section 34 (2) ), 
 substituted therefor : — 
 
 "In lieu of any two half -holidays allowed under the 
 provisions of sub-section (2) of 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 work- 
 shop, the whole of the 17th day of March, when that day 
 does not fall on a Sunday, or at the option of the occupier 
 of the factory or workshop, either Good Friday (unless that 
 day is otherwise fixed as a holiday) or Easter Tuesday." 
 
 (6) By section 52 of the Act of 1895 the expression " the 
 Piiblic Health (Ireland) Act, 1874," where it occurs in this 
 sub-section is to be construed as meaning the Public Health 
 (Ireland) Act, 1878, and the Acts amending the same. 
 
 (4.) Repeal. 
 Repeal of 107. The Acts specified in the Sixth Schedule 
 to this Act are hereby repealed from and after the 
 
Repeal of Acts, 135 
 
 commencement of this Act to the extent in the 1878 Act, 
 third column of that schedule mentioned : -^ 
 
 Provided that — 
 
 (1.) All notices affixed in the factory in pur- 
 suance of the Acts hereby 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, officers, 
 clerks, and servants appointed in pur- 
 suance of the Acts hereby repealed shall 
 continue in office 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 appointed in pur- 
 suance of any Act hereby repealed shall 
 be deemed to have been appointed in 
 pursuance of this Act ; and 
 
 (4.) All surgical certificates granted in pur- 
 suance of any Act hereby repealed shall 
 have effect as certificates of fitness for 
 employment granted in pursuance of 
 this Act, and all registers kept in pur- 
 suance of any Act hereby repealed shall, 
 until otherwise 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 
 
136 Factory and Workshop Act, 1878. 
 
 1878 Act, may, if the Secretary of State so direct, 
 
 -^ ' continue in force for a period not exceed- 
 
 ing three months after the commence- 
 ment of this Act ; and 
 (6.) The standard of proficiency fixed by the 
 Education Department in pursuance of 
 any enactment hereby repealed shall be 
 deemed to have been fixed in pursuance 
 of this Act ; and 
 (7.) [A child exempted hy section eight of the 
 J!> **ovict. Elementary Education Act, 1876, from 
 
 the provisions of section twelve of tJie 
 V.^.^^^^"^^' Factory Act, 1874, 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^ he 
 deemed to be a young person within the 
 meaning of this Act .'](«) 
 (a) Temporary modification now obsolete. 
 
 (8.) This repeal shall not affect — 
 
 (a.) Anything duly done or suffered 
 under any enactment hereby 
 repealed ; or 
 
 (5.) Any obhgation or liabiHty incurred 
 under any enactment hereby 
 repealed ; or 
 
 (c.) Any penalty or punishment in- 
 curred in respect of any offence 
 committed against an enact- 
 ment hereby repealed ; or 
 
 (df.) Any legal proceeding or remedy 
 in respect of any such obliga- 
 
Special Provisions for Health. 137 
 
 tion, liability, penalty, or 1878 Act, 
 punishment as aioresaid, and — 
 any such legal proceeding and 
 remedy may be carried on as 
 if this Act had not passed. 
 
 SCHEDULES 
 
 FIRST SCHEDULE. section 38. 
 
 Special Provisions for Health. 
 
 Factories and Workshops in which the Employment of Young 
 Persons and Children is restricted. 
 
 1. In a part of a factory or workshop in which there is J/|^oy° 
 carried on — ment of 
 
 The process of silvering of mirrors by the mercurial young per- 
 process ; or children ; 
 The process of making white lead,(a) 
 Su young person or child shall not be employed. 
 
 2. In the part of a factory in which the process of melt- &c°^£ gf^'a 
 ing or annealing glass is carried on a child or female young works; 
 person shall not be employed. 
 
 3. In a factory or workshop in which there is carried on — of gi^is 
 (a.) The making or finishing of bricks or tiles not being certaL ^^ 
 
 ornamental tiles ; or empioy- 
 
 (&.) The making or finishing of salt, "^®^^^ ' 
 
 ^ girl under the age of sixteen years shall not be employed. 
 
 4. In a part of a factory or workshop in which there is J*^ ^elai^" 
 carried on — grinding 
 
 (a.) Any dry grinding in the metal trade, or and lucifer 
 
 (h.) The dipping of lucifer matches,(a) "^^^^ ^'P- 
 
 a child shall not be employed. 
 
 5. In any grinding in the metal trades other than dry ^Jider ii 
 grinding or in fustian cutting a child under the age of in dry 
 eleven years shall not be employed. grinding, 
 
 (a) Special rules are now in force in these trades by section 8 
 of the Act of 1891, post. 
 
 Par. 2, par. 3 (a.), par. 4 (&.), par. 5, re-enact proyisions of 
 previous Factory Acts. 
 
 Par. 1, par. 3 (5.), par. 4 (a.), are new provisions. 
 
138 Factory and Workshop Act, 1878. 
 
 1878 Act, 
 
 Sched.2. SECOND SCHEDULE. 
 
 Special Eestrictions. 
 
 Section 39. Places forbidden for Meals. 
 
 Aa to parts The prohibition on a child, young person, or woman 
 or work"^^ taking a meal or remaining during the times allowed for 
 shops m meals in certain parts of factories or workshops applies to 
 chUdren *^^ parts of factories and workshops following ; that is 
 young per- to say, — 
 
 sons, and (1.) In the case of glass works, to any part in which the 
 
 forWdd^n to materials are mixed ; and 
 
 take meals. (2.) In the case of glass works where flint glass is made, 
 to any part in which the work of grinding, cuttings 
 or polishing is carried on ; and 
 (3.) In the case of lucifer match works,(a) 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,(a) to any part 
 known or used as dippers house, dij)pers drying 
 room, or china scouring room. 
 The prohibitions are extended to the following by Order, 
 gazetted 22nd December, 1882 :— 
 
 Every part of a factory or workshop in which part wool 
 or hair is sorted or dusted, or in which rags are sorted, 
 dusted, or ground. 
 
 Every part of a textile factory in which part gassing is 
 carried on. 
 
 Every part of a printwork, bleachwork, or dyework in 
 which part singeing is carried on. 
 
 Every part of a factory or workshop in which part any 
 of the following processes are carried on : — 
 Grinding, glazing, or polishing on a wheel. 
 Brass-casting,(a) type-founding. 
 Dipping metal in aquafortis or other acid solution. 
 Metal-bronzing. 
 
 Majolica painting on earthenware. 
 Catgut cleaning and repairing. 
 
 Cutting, turning, polishing bone, ivory, pearlshell, snail- 
 shell. 
 
 Every factory or workshop in which chemicals(a) or 
 artifical manures are manufactured, except any room used 
 solely for meals. 
 
 Every factory or workshop in which white lead(a) is 
 manufactured, except any room thereof used solely for- 
 meals. 
 
As to Period of Employment. 13^ 
 
 Every part of a factory or workshop in whicli part dry 1878 Act, 
 powder or dust is used in any of the following processes : — Sched. 2. 
 Lithographic printing. 
 Playing-card making. 
 Fancy box making. 
 Paper staining. 
 Almanac making. 
 Artificial flower making. 
 Paper colouring and enamelling. 
 Colour making.(a) 
 
 {a) Special rules are now in force in these trades by section 8 
 of the Act of 1891, post. 
 
 THIRD SCHEDULE. 
 
 Special Exceptions. 
 [PART ONE. 
 
 Period of Employment. section 42. 
 
 The exception respecting the employment of children^ young Employ- 
 persons, and women between the hours of eight in the morning wj«w* of 
 and eight in the evening, and on Saturday between the hours youngper- 
 of eight in the morning and four in the afternoon, or between sons, and 
 the hours of seven in the morning and three in the afternoon, ^/^^^n. 
 applies to any factory or workshop or part thereof in which any s a^. and 
 of the following manufacturing processes or handicrafts are ^ ^•^: *** 
 carried on ; that is to say, — trades. 
 
 (a.) Lithographic printing; 
 
 (6.) Turkey-red dyeing ; 
 
 (c.) The making of any article of wearing apparel; 
 
 (d.) The making of furniture hangings; 
 
 (e.) Artificial flower making ; 
 
 (/. ) Bon-bon and Christmas present making ; 
 
 (g.) Valentine making ; 
 
 (h.) Fancy box making ; 
 
 (i.) Envelope making ; 
 
 (k.) Almanac nrnking ; 
 
 {I.) Playing-card making ; 
 
 (m.) Machine ruling ; 
 
 (w.) Biscuit making ; 
 
 (o.) Firewood cutting; 
 
 (p.) Job dyeing; or 
 
 (q.) Aerated water making ; and also to 
 
 (r.) Bookbinding works; 
 
 (s.) Letterpress printing works ; and 
 
 {t.) A part of a factory or workshop which is a warehouse 
 
140 Factory and Workshop Act, 1878. 
 
 1878 Act, not used for any manufacturing process or handi- 
 
 Sched. 3. crafty and in which persons are solely employed 
 
 in polishing^ cleaning^ wrapping^ or packing up 
 
 goods,]{a) 
 
 (a) Schedule 3, part 1, is repealed by the Act of 1895 
 (Sched. 3) (see p. 241). 
 
 Section 62. 
 
 PART TWO. 
 Meal Hours. 
 
 The cases in which the provisions of this Act as to meal 
 wlifch pro- times being allowed at the same hour of the day are not to 
 visions as to apply, are — 
 
 S'?not't? ^^'^ ^^^ ^^^® ^^ children, young persons, and women 
 apply. employed in the following factories ; that is to 
 
 say:— 
 
 Blast furnaces. 
 Iron mills. 
 Paper mills. 
 Glass works, and 
 Letterpress printing works ; and 
 (2.) The case of male young persons 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. 
 The cases in which and the extent to which the provi- 
 sions 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 manufac- 
 turing process or handicraft is being carried on, are not to 
 apply 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 
 Letterpress printing works ; and 
 (2.) The case of a mate 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 prevent 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 which 
 any manfacturing process is carried on, and shall 
 
As to Variation of Meal Times. 141 
 
 not prevent, during the times allowed for meals to 1878 Act, 
 such male young person, any other young person, Sched. 3. 
 
 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. 
 
 (The trades here enumerated are those in which variable meal 
 hours were legal under the Factory Act, 1867. See note to 
 section 52.) 
 
 By Order, gazetted 22nd December, 1882, this exception 
 has been extended to — 
 
 {a.) Textile factories wherein female young persons or 
 women employed in a distinct department in 
 which there is no machinery commence work at 
 a later hour than the men and other young persons, 
 subject to the condition that all in the same 
 department shall have their meals at the same 
 time. 
 
 (6.) Non-textile factories and workshops wherein is 
 carried on the making of wearing apparel. 
 
 (c.) Non-textile factories and workshops wherein there 
 are two or more departments or sets of young 
 persons, subject to the condition that all in the 
 same department or set shall have their meals at 
 the same time. 
 
 (d.) The following non-textile factories and workshops, 
 viz. : — Dressing floors, tin streams, china clay pits, 
 and quarries in the county of Cornwall. 
 
 By Order, gazetted 1st March, 1887 — 
 
 The baking of bread and biscuits by travelling ovens. 
 
 PART THREE. 
 
 Overtime. Section 63. 
 
 The exception with respect to the employment of young Factories 
 persons(a) and women for f orty-eight(a) days in any twelve shoprfn^" 
 months during a period of employment, beginning at six or which 
 seven o'clock in the morning and ending at eight or nine gons^fn^'"' 
 o'clock in the evening, or beginning at eight o'clock in the women may 
 morning and ending at ten o'clock in the evening, applies Je allowed 
 to each of the(6) factories and workshops, and parts thereof, il Sours a ^ 
 following ; that is to say, — day under 
 
 (1.) Where the material which is the subject of the manu- frictions" 
 facturing process or handicraft is liable to be spoiled 
 by weather ; namely, — 
 (a.) Flax scutch mills ; and 
 (6.) A factory or workshop, or part thereof in 
 which is carried on the making or finish- 
 
14:2 Factory and Workshop Act, 1878. 
 
 1878 Act, ing of bricks or tiles not being oma- 
 
 Scned. 3. mental tiles ; and 
 
 (c.) The part of rope works in which is carried 
 
 on the open-air process ; and 
 {d.) The part of bleaching and dyeing works in 
 which is carried on open-air bleaching or 
 Turkey-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^ — 
 
 (/.) Letterpress printing works ; 
 (g.) Bookbinding works ; and 
 A factory, workshop, or part thereof, in which is 
 carried on the manufacturing process or handi- 
 craft of — 
 (h.) Lithographic printing ; or 
 (^.) Machine ruling ; or 
 (k.) Firewood cutting ; or 
 (l.) Bon-bon and Christmas present making ; or 
 (m.) Almanac making ; or 
 (w.) Valentine making ; or 
 (o.) Envelope making ; or 
 (p.) Aerated water making ; or 
 (q.) Playing card making ; and 
 (3.) Where the business is liable to siidden press of orders 
 arising from unforeseen events ; namely, — 
 
 A factory or workshop, or pai't thereof, in which 
 is carried on the manufacturing process or handi- 
 craft of — 
 (r.) The making up of any article of wearing 
 
 apparel ; or 
 (s.) The making up of furniture hangings ; or 
 (t.) Artificial flower making ; or 
 (u.) Fancy box making ; or 
 (v.) Biscuit baking ; or 
 (m) Job dyeing ; [and also 
 {x.) 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.](c) 
 Provided that the said exception shall not apply — 
 <a.) Where persons are employed at home, that is to say, 
 to a private house, room, or place, which though 
 used as a dwelling, is by reason of the work 
 carried on there a factory or workshop within the 
 meaning of this Act, and in which neither steam, 
 
As to Overtime. 14:3 
 
 water, nor other mechanical power is used, and 1878 Act, 
 in which the only persons employed are members Sc hed. 3. 
 of the same family dwelling there ; or 
 (6.) To a workshop, or part thereof, which is conducted, 
 on the system of not employing any child or 
 young person therein. 
 
 (a) Young persons are now forbidden to work overtime under 
 this section by section 14 of the Act of 1895. This is one of 
 the most important alterations made by the new Act. The 
 number of occasions of overtime is now reduced from 48 to 30. 
 
 (V) By section 37 (2) of the Act of 1895, it is provided that 
 before the word " factories " in this schedule, shall be inserted 
 the word " non-textile." 
 
 (<?) By section 37 (2) of the Act of 1895, the words " and 
 also " are repealed ; and in place of («.) is substituted the fol- 
 lowing paragraph : — 
 
 "The said exception applies also to any part of a factory 
 (whether textile or non-textile) or workshop which is a 
 warehouse not used for any manufacturing process or handi- 
 craft, and in which persons are solely employed in polishing, 
 cleaning, wrapping, or packing-up goods." 
 
 The grounds upon which overtime may be worked are shown 
 by the division of the trades into three classes, the headings to 
 which describe the circumstances which justify the working of 
 overtime. 
 
 By Order, gazetted 22nd December, 1882, this exception 
 has been extended to, — 
 
 Die-sinking, 
 
 Card board making, 
 
 Paper colouring and enamelling. 
 
 Rolling of tea-lead. 
 
 The making of gasholders, boilers, and other apparatus 
 partly manufactured in the open air. 
 
 The following non- textile factories and workshops, viz.: 
 
 Dressing floors, "j 
 
 Tin streams, I in the county of 
 
 China clay pits, and j Cornwall. 
 
 Quarries, J 
 
 Non-textile factories in which the only processes carried 
 •on are the processes of calendering, finishing, hooking, 
 lapping, or making up and packing of any yarn or cloth, 
 or any of such processes. 
 
 Workshops wherein the manufacture of fireworks is 
 carried on, and Factories, by Order, gazetted 17th October, 
 1890. 
 
 And by Order, gazetted 27th November, 1883, to — 
 
 The making of pork pies. 
 
144 Factory and Worksliop Act, 1878. 
 
 1878 Act, And by Order, gazetted 14tli March, 1884, to— 
 
 Sched. 3. The processes of warping, winding, or filling, or either of 
 
 them, as incidental to the weaving of ribbons in workshops. 
 And by Order, gazetted 2nd September, 1884, to — 
 The processes carried on in non-textile factories of 
 
 calendering, finishing, hooking, lapping, or making up- 
 
 and packing of any yarn or cloth, or any of such processes, 
 
 and none other. 
 
 By Order, gazetted 10th May, 1887 — 
 
 Bleach works and dye works in Lancashire and Cheshire 
 
 are exempted from the preceding Order of 2nd September, 
 
 1884. 
 
 By Order, gazetted 1st April, 1888 — 
 
 Male young persons employed in pattern card making. 
 
 By Order, gazetted 17th September, 1889— 
 
 Milling, perforating, and gumming postage and inland' 
 
 revenue stamps. 
 
 PAET FOUE. 
 Section 48. Additional Half Hour. 
 
 Factories in The exception with respect to the employment of a 
 
 which a child, young person, or woman for a further period of 
 
 peiwii^ or'^^ thirty minutes where the process is in ah incomplete state 
 
 woman may applies to the factories following, that is to say : — 
 
 for an («•) Bleaching and dyeing works ; 
 
 addittonal (h.) Print works ; 
 
 hai our. ^^j Ivon mills in which male young persons are not 
 
 employed during any part of the night ; 
 {d.) Foundries in which male young persons are not 
 
 employed during any part of the night ; and 
 (e.) Paper mills in which male young persons are not 
 
 employed during any part of the night. 
 
 (The trades here enumerated are those to which the modifica- 
 tion applied in the Factory Acts, 1867 and 1870.) 
 
 By Order, gazetted 22nd December, 1882, this exception 
 has been extended to — 
 
 Non-textile factories and workshops or parts thereof in 
 
 which is carried on the process of baking of bread^ 
 
 or biscuits. 
 The following non-textile factories and workshops, viz. : 
 
 Dressing floors, '\ 
 
 Tin streams, I in the county of 
 
 China clay pits, and [ Cornwall. 
 
 Quarries, J 
 
Night Work. 145 
 
 PART FIVE. sSli t 
 
 Overtime for Perishable Articles. Section 56. 
 
 The exception with respect to the employment of women Factories 
 for ninety-six days(a) in any twelve months during a ghopTS^' 
 period of employment beginning at six or seven o'clock which 
 in the morning and ending at eight or nine o'clock in the J^'^Ji^^d 
 evening applies to a factory or workshop or part thereof for u hours 
 in which any of the following processes is carried on ; a day. 
 namely, — 
 
 The process of making preserves from fruit ; 
 
 The process of preserving or curing fish ; or 
 
 The process of making condensed milk. 
 
 By Order, gazetted 22nd August, 1893— 
 
 Non-textile factories in which are carried on the occu- 
 pations of preparing cream, and making butter and cheese. 
 
 (a) By section 14 (2) of the Act of 1895 this period is re- 
 duced to sixty days (see p. 206). 
 
 PART SIX. Section 68. 
 
 Night Work 
 
 The exception with respect to the employment of male Factories in 
 young persons(a) during the night applies to the factories Joi^ JSl.® 
 following, that is to say, — sons may be 
 
 (a.) Blast furnaces ; employed at 
 
 k) Iron mills ; ^^^^ 
 
 (c.) Letterpress printing works ; and 
 (d.) Paper mills. 
 
 Nightwork was legal in the trades enumerated, and in 
 any factory in which the machinery was moved by water, 
 by the Factory Act, 1867, but as the recovery of time lost 
 is now authorised in water mills by section 57, nightwork 
 will not be legal in such works. 
 
 By Order, gazetted 22nd December, 1882, this exception 
 has been extended so far as regards male young persons of 
 at least 16 years of age in 
 
 . Oil and seed crushing mills, . 
 
 Copper and yellow metal rolling mills, 
 Iron and metal tube works in which the furnaces used 
 
 are Siemens' gas furnaces. 
 The knocking out and cutting departments of non-textile 
 
 factories engaged in the refining of loaf sugar. 
 Such parts of mineral dressing floors in Cornwall 
 (whether non-textile factories or workshops) as 
 are appropriated to the processes of calcining and 
 stamping. 
 
 L 
 
146 
 
 Factory and Worksliop Act^ 1878. 
 
 1878 Act; 
 Sched. 3. 
 
 Section 48. 
 
 Continuous 
 employment 
 of children, 
 young per- 
 sons, and 
 •women for 
 five hours 
 in certain 
 textile 
 factories 
 during the 
 winter 
 months. 
 
 By Order, gazetted 29th June, 1888— 
 
 The galvanising of metal. 
 
 By Order, gazetted 14th June, 1889— 
 
 Metal tube works. 
 
 By Order, gazetted 18th May, 1894— 
 
 China clay works. 
 
 By Order, gazetted 3rd July, 1894— 
 
 The process of iron ore washing. 
 
 (li) After the 1st January, 1897, young persons " of fourteen 
 years of age and upwards " by section 14 of the Act of 1895 
 (p. 206). See also section 38 of same Act as to shifts (p. 231). 
 
 PART SEVEN. 
 Spell 
 
 The exception respecting the continuous employment 
 in certain textile factories during the winter months of 
 children, young persons, and women without an interval 
 of at least half an hour for a meal for the same period as 
 in a non-textile factory, applies to textile factories solely 
 used for — 
 
 (a.) The making of elastic web ; or 
 
 (6.) The making of ribbon ; or 
 
 (c.) The making of trimming. 
 
 By Order, gazetted 22nd December, 1882, this exception 
 has been extended to 
 
 Hosiery factories. 
 
 Woollen factories in the counties of Oxford, Wilts, Wor- 
 cester, Gloucester, and Somerset. 
 
 Factories in which the only processes carried on are 
 those of winding and throwing of raw silks or 
 either of those processes. 
 
 FOURTH SCHEDULE. 
 
 List of Factories and Workshops. 
 PART ONE. 
 
 Non-Textile Factories, 
 
 (1.) " Print works," that is to say, any premises in which 
 any persons are employed to print figures, patterns, or 
 designs upon any cotton, linen, 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 
 
 and dyeing premises in which the processes of bleaching, beetling, dye- 
 works." ^jjg^ calendering, finishing, hooking, lapping, and making 
 
 Seotions 93, 
 96. 
 
 « Print 
 -works." 
 
 " Bleaching 
 
Non-Textile Factories, 147 
 
 up and packing any yam or cloth of any material, or the 1878 Act, 
 dressing or finishing of lace, or any one or more of such Sched. 4. 
 processes, or any process incidental thereto, are or is — 
 carried on ; 
 
 (3.) "Earthenware works," that is to say, any place in"Earthen- 
 which persons work for hire in making or assisting in ^orks." 
 making, finishing, or assisting in finishing, earthenware 
 of any description, except bricks and tiles not being 
 ornamental tiles ;(a) 
 
 (4.) " Lucifer match works," that is to say, any place in " Lucifer 
 which persons work for hire in making lucifer matches, or works." 
 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 place in " Percussion 
 which persons work for hire in making percussion caps, or ^^ ""^o^^s. 
 in mixing or storing the chemical materials for making 
 them, or in any process incidental to making percussion 
 caps ; 
 
 (6.) " Cartridge works," that is to say, any place in which "Cartridge 
 persons work for hire in making cartridges, or in any pro- ^^^ *" 
 cess incidental to making cartridges, except the manufacture 
 of the paper or other materials that is used in making the 
 cases of the cartridges ; 
 
 (7.) " Paper staining works," that is to say, any place in "^"^ 
 which persons work for hire in printing a pattern in works." 
 colours upon sheets of paper, either by blocks applied by 
 hand, or by rollers worked by steam, water, or other 
 mechanical power ; 
 
 (8.) " Fustian cutting works," that is to say, any place in " Fustian 
 which persons work for hire in fustian cutting ; works." 
 
 (9.) " Blast furnaces," that is to say, any blast furnace or «« Blast 
 •other furnace or premises in or on which the process of furnaces." 
 smelting or otherwise obtaining any metal from the ores is 
 carried on ; 
 
 (10.) " Copper mills ; " " Copper 
 
 (11.) "Iron mills," that is to say, any mill, forge, or »\"o;j' 
 otner premises in or on which any process is carried on for mills." 
 converting iron into malleable iron, steel, or tin plate, or 
 lor otherwise making or converting steel ; 
 
 (12.) "Foundries," that is to say, iron foundries, copper "Found- 
 foundries, brass foundries, and other premises or places in "^^*" 
 which the process of founding or casting any metal is 
 carried on ; except any premises or places in which such 
 process is carried on by not more than five persons and as 
 subsidiary to the repair or completion of some other work ; 
 
 (a) The words " or china " are inserted by the Act of 1891, 
 «ection 38. 
 
 L 2 
 
148 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, 
 Sched. 4. 
 
 and india- 
 rubber 
 works." 
 
 "Paper 
 mills." 
 
 " Glass 
 works," 
 
 " Tobacco 
 factories." 
 
 "Letter- 
 press print- 
 ing works." 
 
 " Bookbind- 
 ing works." 
 
 " Flax 
 scutch 
 mills." , 
 
 Sections 93, 
 96. 
 
 -Hat 
 work*." 
 
 (13.) " Metal and indiarubber works," that is to say, any 
 premises in which steam, water, or other mechanical power 
 is used for moving machinery employed in the manufacture 
 of machinery, or in the manfacture of any article of metal 
 not being machinery, or in the manufacture of indiarubber 
 or gutta-percha or of articles made wholly or partially of 
 indiarubber or gutta-percha ; 
 
 (14.) " Paper mills," that is to say, any premises in which 
 the manufacture of paper is carried on ; 
 
 (15.) "Glass works," that is to say, any premises in 
 which the manufacture of glass is carried on ; 
 
 (16.) " Tobacco factories," that is to say, any premises in 
 which the manufacture of tobacco is carried on ; 
 
 (17.) " Letterpress printing works," that is to say, any 
 premises in which the process of letterpress printing is 
 carried on ; 
 
 (18.) " Bookbinding works," that is to say, any premises 
 in which the process of bookbinding is carried on ; 
 
 (19.) Flax scutch mills. 
 
 "Finishing." — It was held in the case of Howarth v. 
 Coles, 31 L. J. M. C. 262, that "the'finishing spoken of in the 
 7th and 11th sections of the 23 & 24 Vict. c. 78, refers to 
 the process of finishing which is incidental to dyeing, and 
 not to the dealing with fabrics which are neither bleached 
 nor dyed." 
 
 The definition in the 23 & 24 Vict. c. 78, was as 
 follows : — " Any buildings, &c., &c., in the occupation of 
 bleaching, dyeing, or finishing of any yarn or cloth, &c." 
 
 This definition was extended subsequently by the 
 26 & 27 Vict. c. 38, and the 27 k 28 Vict. c. 98, and the 
 definition in the schedule is the combination of the defini- 
 tions as last settled by the last-named statute. 
 
 Paper Mills. — In the case of Coles v. Dickinson, 10 L. T. 
 (N.s.) 616, it was decided that a factory at Manchester, 
 occupied by Messrs. Dickinson, employed in manufacturing 
 cotton waste into a material called " half-stuff," which was 
 afterwards conveyed to their mill in Hertfordshire and 
 there manufactured into paper, was not a factory under the 
 Textile Acts, but a paper mill. 
 
 Flax Scutch Mills.— For special regulations, see sec- 
 tion 62 (p. 79). 
 
 PART TWO. 
 
 Non-Textile Factories and Workshops. 
 
 (20.) " Hat works," that is to say, any premises in which 
 the manufacture of hats or any process incidental to their 
 manufacture is carried on ;(a) 
 
 i 
 
Non-Textile Factories and WorksJwps, 149 
 
 (21.) "Kope works," that is to say, any premises being a 1878 Act, 
 ropery, ropewalk, or rope work, in which is carried on the Sched. 4, 
 laying or twisting or other process of preparing or finishing .. j^ """ 
 the lines, twines, cords, or ropes, and in which machinery works." 
 moved by steam, water, or other mechanical power is not 
 used for drawing or spinning the fibres of flax, hemp, jute, 
 or tow, and which has no internal communication with any 
 buildings or premises joining or forming part of a textile 
 factory, except such communication as is necessary for the 
 transmission of power ;{b) 
 
 (22.) " Bakehouses," that is to say, any places in which " Bake-^ 
 are baked bread, biscuits, or confectionery from the baking ^o^ses." 
 or selling of which a profit is derived ;(c) 
 
 (23.) "Lace warehouses," that is to say, any premises, "Lace ware- 
 room, or place not included in bleaching and dyeing works °"^®^' 
 as hereinbefore defined, in which persons are employed 
 upon any manufacturing process or handicraft in relation 
 to lace, subsequent to the making of lace upon a lace 
 machine moved by steam, water, or other mechanical 
 power ; 
 
 (24.) "Shipbuilding yards," that is to say, any premises "Shipbuild- 
 in which any ships, boats, or vessels used in navigation are ^^^ yards." 
 made, finished, or repaired ;{d) 
 
 (25.) "Quarries," that is to say, any place, not being a"Q"a"^e8.' 
 mine, in which persons work in getting slate, stone, copro- 
 lites, or other minerals ;(e) 
 
 (26.) " Pit banks," that is to say, any place above ground "^„ 
 adjacent to a shaft of a mine in which place the employ- * * 
 ment of women is not regulated by the Coal Mines Regula- 
 tion Act, 1872, or the Metalliferous Mines Regulation Act, cfyg^^^"^^®*' 
 1872, whether such place does or does not form part of the 35 &'36Vict. 
 mine within the meaning of those Acts.(/) c- 77. 
 
 (a) Hat Works. — ^Where textile material undergoes a process 
 of manufacture preparatory to its being made into hats, looking 
 to the case of Coles v. DicMnson (see Paper Mills), such pre- 
 paratory process would be a hat works and not a textile factory. 
 
 (V) Rope Works. — The law in respect to these works remains 
 unaltered. A rope works in which the material is spun into 
 yam, and then laid or twisted into rope or twine by steam or 
 water power, is a textile factory. But a rope works in which the 
 yam is only laid or twisted into rope or twine by steam or water 
 power, and which has no internal communication with a factory 
 in which the yam has been spun, will be a non-textile factory. 
 If the yam be laid or twisted by hand wheel the premises will be 
 a workshop. 
 
 (c) Bakehouses are divided into wholesale bakehouses and 
 retail bakehouses. 
 
 In wholesale bakehouses all regulations are enforced by the 
 inspector of factories, as also in retail bakehouses in which power 
 is used. 
 
150 Factory and Workshop Act, 1878. 
 
 1878 Act, In the other retail bakehouses the regulations as to hours of 
 Sched. 4. work, meals, and as to holidays, are enforced by the inspector of 
 — factories. The cleanliness, &c., is under the supervision of the 
 local authorities. See Factory and Workshop Act, 1883, s. 17. 
 
 (d) Shipbuilding Yards. — This definition and the enactment 
 in section 93 is rendered necessary by the decision of the Court 
 of Queen's Bench in the case of Palmer Shipbuilding Com-^ 
 pany v. Chaytor, 38 L. J. M. C. 63. 
 
 The court held, under the definition of " article " in the 
 Factory Act, 1867, that a ship was not an article, and a person 
 employed solely in and upon a ship would not be within the 
 operation of the Factory or Workshop Acts, although an article 
 which would eventually form part of a ship was held to be within 
 the definition of " article " in the Act of 1867. 
 
 (e) Quarries. — It was held in the case of Kent v. Astley, 39 
 L. J. M. C. 3, that " a slate quarry occupying with its accessories 
 a large tract of land uninclosed and approachable by no definite 
 road or entrance, and furnished with covered sheds to which the 
 rough blocks of material when raised are conveyed, and there 
 converted by a manufacturing process into slabs, flags, and other 
 saleable articles is not within the meaning of the term premises 
 in 30 & 31 Vict. c. 103. The case of a cement works, Redgrave 
 V. Lee (L. E. 9 Q. B. 363), was decided upon the same grounds. 
 Hence the necessity for the special enactment in section 93. 
 
 (/) Pit Banhs. — The employment of women above ground 
 is not under any restriction under the Metalliferous Mines 
 Kegulation Act, and consequently all labour above ground at a 
 metalliferous mine will be subject to the provisions of this Act.; 
 
 The employment of women above ground is under restrictions 
 by the Coal Mines Eegulation Act : for instance, a woman may 
 not be employed between 9 P.M. and 5 A.M. nor on Sundays, nor 
 after 2 p.m. on Saturdays ; and due intervals must be allowed 
 for meals. 
 
 If women only be employed in connection with a metalliferous 
 mine, or in connection with a coal mine, in such circumstances 
 as to exclude them from the operation of the Coal Mines Regu- 
 lation Act, and their labour be not in connection with a steam 
 engine or other mechanical power, they will then be subject only 
 to the provisions in section 15, part 2 of this Act, as amended 
 by section 13 of the Act of 1891. If children or young pei-sons 
 are also employed then they will be subject to the whole of the 
 provisions of this Act. 
 
 The control of quarries, and the works adjacent thereto, is 
 now transferred under certain conditions to the inspectors of 
 mines by 57 & 58 Vict. c. 42 (An Act to provide for the better 
 Regulation of Quarries). 
 
 8ection97, FIFTH SCHEDULE. 
 
 Special Exemptions. 
 Straw plaiting. PiUow-lace making. Glove making. 
 
Repeal. 
 
 151 
 
 SIXTH SCHEDULE 
 
 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. 
 
 Title of Act. 
 
 An Act for the preserva- 
 tion of the health and 
 morals of apprentices 
 and others employed 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 factories of the 
 United Kingdom. 
 
 An Act to amend the laws 
 relating to labour in 
 factories. 
 
 An Act to declare certain 
 ropeworks not within the 
 operation of the Factory 
 Acts. 
 
 An Act to amend the 
 Acts relating to labour 
 in factories. 
 
 Extent of Repeal. 
 
 The whole Act. 
 
 16 & 17 Vict. An Act further to regu- 
 c. 104. late the employment of 
 
 children in factories. 
 
 19 & 20 Vict. c. 38, 
 
 24 & 25 Vict, 
 c. 117. 
 
 26 & 27 Vict. c. 40 
 
 27 & 28 Vict. c. 48. 
 
 The Factory Act, 1856. 
 
 An Act to place the em- 
 ployment of women, 
 yoimg persons, youths, 
 and children in lace fac- 
 tories under the regula- 
 tions of the Factories 
 Acts. 
 
 The Bakehouse Kegula- 
 tion Act, 1863. 
 
 The Factory Acts Exten- 
 sion Act, 1864. 
 
 The whole Act. 
 
 The whole Act. 
 The whole Act. 
 
 The whole Act. 
 
 The whole Act. 
 
 The whole Act. 
 The whole Act. 
 
 1878 Act, 
 Sched. 6. 
 
 Section 107. 
 
 The whole Act. 
 The whole Act. 
 
152 
 
 Factory and Workshop Act, 1878. 
 
 1878 Act, 
 
 Schedi 6. session and chapter. 
 
 29 & 30 Vict. c. 9a 
 
 Title of Act. 
 
 The Sanitary Act, 1866. 
 
 30 & 31 Vict. 
 c. 103. 
 
 30 & 31 Vict. 
 c. 146. 
 
 33 & 34 Vict. c. 62 
 34&35Vict.c.l9 
 
 34 & 35 Vict. 
 c. 104. 
 
 37 & 38 Vict. c. 44, 
 
 38 & 39 Vict. c. 55, 
 
 The Factory Acts Exten- 
 sion Act, 1867. 
 
 The Workshop Regulation 
 Act, 1867. 
 
 The Factory and Work- 
 shop 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 Factory and Work- 
 shop Act, 1871. 
 
 The Factory Act, 1874. 
 
 The Public Health Act, 
 1875. 
 
 Extent of Repeal. 
 
 The following 
 words (so far 
 as unrepealed) 
 in section 19, 
 " not already 
 under the ope- 
 ration of any 
 general Act 
 for the regu- 
 lation of fac- 
 tories or bake- 
 houses." 
 
 The whole Act. 
 
 The whole Act. 
 The whole Act. 
 The whole Act. 
 
 The whole Act. 
 
 The whole Act. 
 
 The following 
 words in sec- 
 tion 4, "more 
 than twenty," 
 and the words 
 "at one time," 
 and the fol- 
 lowing words 
 in section 91, 
 " not already 
 under the ope- 
 ration of any 
 
I 
 
 Repeal, 
 
 153 
 
 Session and Chapter. 
 
 Title of Act. 
 
 Extent of Repeal. 
 
 38 & 39 Vict. c. 55 
 
 The Public Health Act, 
 
 general Act 
 for the regu- 
 
 —(con.')^ 
 
 1875.— (cow.) 
 
 
 
 lation of fac- 
 
 
 
 tories or bake- 
 
 
 
 houses." 
 
 39 & 40 Vict. c. 79 
 
 The Elementary Educa- 
 
 Section 8 and 
 
 
 tion Act, 1876. 
 
 the following 
 words in sec- 
 tion 48, " The 
 Factory Acts, 
 1833 to 1874, 
 as amended by 
 this Act, and 
 includes the 
 Workshop 
 Acts, 1867 to 
 1871, as 
 amended by 
 this Act." 
 
 1878 Act, 
 
FACTORY AND WORKSHOP ACT, 1883. 
 
 46 & 47 ViOT. Cap. 53. 
 
 An Act to amend tJie Law relating to certain 
 Factories and Worhsliops, 
 
 [25th August, 1883.] 
 
 Be it enacted .... as follows : — 
 
 1883 Act, 1, This Act may be cited as the Factory and 
 Sect 1. -^oi^i^sijop ^ct, 1883. 
 
 Short title. 
 
 White Lead Factories. 
 
 SSnSi^ 2. After the thirty-first day of December, one 
 
 Actf ^*^ thousand eight hundred and eighty-three, it shall 
 
 not be lawful to carry on a white lead factory 
 
 unless such factory is certified by an inspector to 
 
 be in conformity with this Act. 
 
 Conditions 3. (!•) A white lead factory shall not be cer- 
 
 ofcertifl- ^ ' "^ 
 
 cate. tified to be in conformity with this Act unless the 
 
 scheduled conditions, that is to say, the conditions 
 specified in the schedule to this Act, as amended 
 by any order of a Secretary of State under this 
 section, and including any conditions added by 
 any such order, have been compKed with. 
 
 (2.) A Secretary of State may at any time, by 
 writing under his hand, revoke, alter, add to, or 
 modify all or any of the conditions specified in the 
 schedule to this Act. 
 
 Srtmcite ^» ^i^liiii ^ reasonable time after written appli- 
 oncom- cation in that behalf, addressed to the chief in- 
 
Carrying on Factory without Certificate. 155^ 
 
 spector of factories by the occupier of any white ^^^3 Act,, 
 lead factory, such factory shall be inspected by an — '- * 
 inspector, and if he finds that the scheduled con- conditions. 
 ditions have been complied with he shall certify 
 to a Secretary of State that the factory is in con- 
 formity with this Act ; and a copy of the certi- 
 ficate, signed by the inspector, shall be forthwith 
 given to the occupier. 
 
 5. If at any time after a white lead factory has ^certm^''^ 
 been certified to be in conformity with this Act it ^^*®" 
 appears to an inspector that the factory is not 
 
 kept in conformity with this Act, he shall forth- 
 with give notice to the occupier specifying in what 
 respects default is made ; and unless the default is 
 within a reasonable time after the notice remedied 
 to the satisfaction of an inspector, a Secretary of 
 State may, if he sees fit, withdraw the certificate 
 until the default is remedied. 
 
 6. The occupier of a white lead factory which, Penalty 
 
 on cd>rryin.fit 
 
 after the thirty-first day of December one thou- on factory 
 
 •^ "^ . without 
 
 sand eight hundred and eighty-three, is carried on certificate, 
 without a certificate under this Act shall for every 
 day during which it is so carried on, be liable on 
 summary conviction to a fine not exceeding two 
 pounds. 
 
 [7. (1.) Tliere shall he estahlisJied not later than ^uf/or 
 tJie first day of January one thousand eight hundred iS ^^^^^ 
 and eighty-four, in every white lead factory, such ^"^^'^•^ 
 special rules for the guidance of the persons employed 
 therein as may appear best calculated to enforce tlie 
 use by them of the requirements provided under this 
 
156 Factory and Workshop Act, 1883. 
 
 1883 Act, Act J and generally to prevent injury to health in 
 — 1 ' tlie course of their employment, 
 
 (2.) Such special rules wlien established shall be 
 observed in and about the factory as if they loere 
 enacted in this Act, 
 
 (3.) If any person who is bound to observe tlie 
 special rules established for any white lead factory 
 acts in contravention of or fails to comply with any 
 of such special rules he shall be liable on summary 
 conviction to a fine not exceeding two pounds ; and 
 the occupier of such factory shall also be liable on 
 summary conviction to a fine not exceeding five 
 pounds, unless he proves that he had taken all 
 reasonable means, by publishing and to tlie best of 
 his power enforcing the said rules, to prevent such 
 contravention or non-compliance, 
 
 iFruming g^ ^;j^^^ 27i€ occupier of every white lead factory 
 ^Sspeciai ^^^^^ frame and transmit to the chief inspector, for 
 rules.-] approval by a Secretary of State, special rules for 
 such factory within three months after tJie passing 
 of this Act, or within three months after tlie opening 
 for work of any white lead factory not opened for 
 work before the passing of this Act, 
 
 (2.) The proposed special rules, together with a 
 printed notice specifying that any objection to such 
 'imles on the ground of anything contained therein or 
 omitted therefrom may be sent by any of the persons 
 employed in the factory to the chief inspector, shall, 
 during not less than two weeks before such rules are 
 transmitted to tJie chief inspector, be posted up in 
 like manner as is provided in this Act respecting the 
 publication of special rules for the information of 
 
False Statements. 157 
 
 persons employed in the factory : and a certificate 1883 Act, 
 that such rules and notice have been so posted up — 1 ' 
 shall he sent to the chief inspector, with the rules 
 signed hy the person sending the same. 
 
 (3.) The Secretary of State may approve such 
 rules either with or without any omission, alteration 
 or addition, and on his approval being signified in 
 such manner as he mxzy think ft the special rules as 
 approved shall be established. But no such omission, 
 alteration or addition shall be made without suj^cient 
 notice to the occupier to enable him to state his objec- 
 tions, if any, thereto. 
 
 9, (1.) After special rules are established under ^^f^' 
 this Act in any white lead factory the occupier of^^^^ 
 such factory may from time to time propose in 
 writing to the chief inspector, for the approval of a 
 Secretary of State, any amendment of such rules or 
 
 any neio special rules, and the provisions of this Act 
 with respect to the original special rules shall apply 
 to all such amendments and new rules in like manner, 
 as near as may be, as they apply to the original rules. 
 (2.) A Secretary of State may at any time pro- 
 pose to the occupier of any white lead factory any 
 neio special rules or any amendments to the special 
 rules : and such new rules or amendments shall, as 
 settled after time given for consideration of the objec- 
 tions, if any, of the occupier, be established as from 
 a date to be fixed by a Secretary of State and 
 specified therein, 
 
 10. If the occupier of any ivhite lead factory to iFaise 
 which this Act applies makes any false statement and trans- 
 with respect to the posting up of the special rules rwiea.] 
 
158 Factory and Workshop Act, 1883. 
 
 ¥^^ A«^' ^^^ ''notices, he shall he liable on summary conviction 
 Sect. 10. . . ^ ,. , ^ ^ .. 
 
 — to ajirw not exceeding tioenty pounds ; and ij special 
 
 rules for any white lead factory are not transmitted 
 
 within the time limited hy this Act to the chief 
 
 inspector, for tlie approval of a Secretary of State, 
 
 such Secretary may hy writing under his hand 
 
 establish for that factory such special rules as he 
 
 may see ft, to come into operation as from a date to 
 
 be fixed by him and specified therein. 
 
 iumof°'' 11. (!•) Printed copies of all special rules for 
 rS?] the time being in force in any lohite lead factory 
 under this Act shall he kept posted up in legible 
 characters in conspicuous places in the factory where 
 they may be conveniently read hy the persons 
 employed. 
 
 (2.) A printed copy of such rules shall be given 
 by the occupier to any person affected tJiereby on his 
 or her application. 
 
 (3.) If the occupier of any white lead factory 
 fails to comply with any provision of this section, lie 
 shall be liable on summary conviction to a fine not 
 exceeding ten pounds. 
 
 lopuso}'^ 12. Every person who pulls down, injures, or 
 rules, df.] J^efaces any proposed special rules, notice, or special 
 rules when posted up in pursuance of the provisions 
 of this Act with respect to special rules, or any 
 notice posted up in pursuance of the special rules, 
 shall be liable on summary conviction to a fine not 
 exceeding five pounds^ 
 
 Sections 7 — 12, providing for special rules in white lead 
 factories are repealed by the Second Schedule of the Act of 
 1891 and other provisions are enacted (ss. 8, 9, 11, 12). 
 
Period of Employment of Children, 159 
 
 Explanation of certain Provisions of Factory, ^c, 1883 Act, 
 Act, 1878. Sect^lS. 
 
 Explanation 
 
 13. It is hereby declared thain- 2&Svict. 
 
 (a.) Section fifty-three of the Factory and ^- ^^* 
 Workshop Act, 1878, only authorises 
 overtime employment of young 'per- 
 sons(a) or women to take place in any 
 factory or workshop on forty-eight days 
 in the whole in any twelve months ; and 
 that in reckoning such period of forty- 
 eight {b) days, every day on which any 
 young person (a) or woman has been 
 employed overtime is to be taken into 
 account ; and that 
 
 (&.) Section fifty-six of the said Act only autho- 
 rises overtime employment of women to 
 take place in any factory or workshop 
 on ninety-six {c) days in the whole in any 
 twelve months, and that in reckoning 
 such period of ninety-six days, every day 
 on which any woman has been employed 
 overtime is to be taken into account. 
 
 (a) Young persons may not now be employed overtime 
 under section 63 of the Act of 1878 (see section 14 (1) of 
 the Act of 1895, p. 206). 
 
 (6) The period of 48 days is now reduced to 30 (see sec- 
 tion 14 (2) of the Act of 1895, p. 206). 
 
 (c) The period of 96 days is now reduced to 60 (see sec- 
 tion 14 (2) of the Act of 1895, p. 206). 
 
 14. Notwithstanding anything in section Amendment 
 twelve (a) or section fourteen(6) of the Factory and of emK^*^ 
 Workshop Act, 1878, the period of employment cwidren m 
 for a child in an afternoon set in a factory or cases. 
 
160 Factory and Workshop Act, 1883. 
 
 1883 Act, workshop, where the dinner-time does not begin 
 
 — ^ * before two o'clock in the afternoon, may begin at 
 
 noon ; provided that in such case the period of 
 
 employment in the morning set shall end at noon. 
 
 This section is intended to meet the case of factories 
 and workshops where the dinner-time is from 2 p.m. to 
 3 P.M., and it is desired to employ the children in morning 
 and afternoon sets. 
 
 (a) See p. 14, ante. 
 
 (6) See p. 17, ante. 
 
 Bakehouses, 
 
 Regulations 15. It shall not be lawful to let or suffer to be 
 bakehouses, occupied as a bakehouse, or to occupy as a bake- 
 house, any room or place [which was not so let or 
 occupied before the first day of June^ one thousand 
 eight hundred and eighty-three'], (a) unless the 
 following regulations are complied with : — 
 
 (i.) No water-closet, earth-closet, privy, or ash- 
 pit shall be within or communicate 
 directly with the bakehouse ; 
 (ii.) Any cistern for supplying water to the 
 bakehouse shall be separate and distinct 
 from any cistern for supplying water to 
 a water-closet ; 
 (iii.) No drain or pipe for carrying off faecal or 
 sewage matter shall have an opening 
 within the bakehouse. 
 Any person who lets or suffers to be occupied 
 or who occupies any room or place as a bakehouse 
 in contravention of this section shall be liable, on 
 summary conviction, to a fine not exceeding forty 
 shillings, and to a further fine not exceeding five 
 
 I 
 
Bahehouses, 161 
 
 shillings for every day during which any room or 1883 Act, 
 place is so occupied after a conviction under this -— 
 section. 
 
 (a) The words in brackets and italics are repealed by 
 section 27 (2) of the Act of 1895 (see p. 223). 
 
 16. Where a court of summary jurisdiction is bSeiousr 
 satisfied on the prosecution of an inspector or a on Stery 
 local authority that any room or place used as a Sse as^a 
 bakehouse (whether the same was or was not so ^ ^ °^^* 
 used before the passing of this Act) is in such a 
 
 state as to be on sanitary grounds unfit for use or 
 occupation as a bakehouse, the occupier of the 
 bakehouse shall be liable, on summary conviction, 
 to a fine not exceeding forty shillings, and on a 
 second or any subsequent conviction, not exceeding 
 five pounds. 
 
 The court of summary jurisdiction, in addition 
 to or instead of inflicting such fine, may order 
 means to be adopted by the occupier, within the 
 time named in the order, for the purpose of re- 
 moving the ground of complaint. The court may, 
 upon application, enlarge the time so named, but 
 if, after the expiration of the time as originally 
 named or enlarged by subsequent order, the order 
 is not complied with, the occupier shall be hable 
 to a fine not exceeding one pound for every day 
 that such non-compliance continues. 
 
 17. (1.) As respects every retail bakehouse, Enforce- 
 the provisions of this part of this Act and of as to retail 
 sections three, thirty-three, thirty-four, and thirty- by locai 
 five of the Factory and Workshop Act, 1878 
 (which relate to cleanliness, ventilation, over- 
 
 M 
 
162 Factory and Workshop Act, 1883. 
 
 1883 Act, crowding, and other sanitary conditions), shall be 
 — ^ ' enforced by the local authority of the district in 
 which the retail bakehouse is situate, and not by 
 an inspector under the Factory and Workshop 
 Act, 1878 ; and for the purposes of this section 
 the medical officer of health of the local authority 
 shall have and exercise all such powers of entry, 
 inspection, taking legal proceedings and otherwise, 
 as an inspector under the Factory and Workshop 
 Act, 1878. i 
 
 [(2.) If any child , young person, or woman is 
 employed in any retail bakehouse, and the medical 
 officer of the local authority becomes aware thereof 
 he shall forthwith give loritten notice thereof to tJie 
 factory inspector for the district, 
 
 (3.) An inspector under the Factory and Work- 
 shop Act, 1878, shall not, as respects any retail 
 bakehouse, exercise the powers of entry and inspection 
 conferred by that Act, unless he has notice or 
 reasonable cause to believe that a child, young 
 person, or woman is employed therein J] 
 
 Sub-sections 2 and 3 repealed by the Act of 1891, section 
 39, and Second Schedule ; section 2 is re-enacted as to 
 workshops generally by section 3 of Act of 1891 (see p. 167). 
 
 Construe- 18. This Act shall be construed as one with 
 anddeflni- the Factory and Workshop Act, 1878 ; and in this 
 4i&*42Vict. Act, unless the context otherwise requires, — 
 
 The expression " white lead factory " includes 
 
 every factory and workshop in which the 
 
 manufacture of white lead is carried on : 
 
 The expression " retail bakehouse " means any 
 
 bakehouse or place, the bread, biscuits, or 
 
Application to Scotland and Ireland. 1G3 
 
 confectionery baked in which are not sold 1883 Act, 
 wholesale but by retail in some shop or place ^^ '_ ' 
 occupied together with such bakehouse. (a) 
 The expression " local authority " means, as 
 respects the City of London and the liberties 
 thereof, the Commissioners of Sewers ; as 
 respects the parishes and districts mentioned 
 in the Schedules A. and B. annexed to the 
 Metropolis Management Act, 1855, and any is&isviet. 
 parish to which the said Act may be extended 
 by Order in Council in manner in the said 
 Act provided, the vestries and district boards 
 elected under the said Act ; and as respects 
 any urban sanitary district, the urban sani- 
 tary authority, and as respects any rural 
 sanitary district, the rural sanitary authority, 
 within the meaning of the Public Health 38 & 39 vict. 
 Act, 1875. '•''• 
 
 (a) Not to include any bakehouse which is a factory. 
 Section 36 of Act of 1891 (see p. 192). 
 
 Application of Act to Scotland and Ireland, 
 
 19. In the application of this Act to Scotland Application 
 
 '^ ^^ ^ of Act to 
 
 the expression *' local authority " means the local ^J^^^lf ^. 
 authority within the meaning of the Public Health «• i<^i- 
 (Scotland) Act, 1867. 
 
 20. In the application of this Act to Ireland ^ff^lf^^^ 
 the expression " local authority " means, as ^f ]f "2 'v 
 regards any urban sanitary district, the urban c- 52. 
 sanitary authority, and as regards any rural 
 sanitary district the rural sanitary authority, within 
 
 the meaning of the PubKc Health (Ireland) 
 Act, 1878. 
 
 m2 
 
164 Factory and Workshop Act, 1883. 
 
 1883 Act, 
 ^^—^' THE SCHEDULE. 
 
 Conditions of obtaining Certificate. 
 
 (1.) The stacks and stoves in the factory must be effi- 
 ciently ventilated. 
 
 (2.) There must be provided for the use of the persons 
 employed in the factory sufficient means of frequently 
 washing h^nds and feet, with a sufficient supply of hot and 
 cold water, soap, towels, and brushes. 
 
 (3.) There must be provided in addition, for the use of 
 women employed in the factory, sufficient baths, with a 
 sufficient supply of hot and cold water, soap, towels, and 
 brushes. 
 
 (4.) There must be provided for the use of the persons 
 employed in the factory (but not in any part of the factory 
 where any work is carried on) a proper room for meals. 
 
 (5.) There must be provided for every person worMng 
 at any tank an overall suit with head covering, and for 
 every person working at any white-bed a respirator or 
 covering for the mouth and nostrils and head covering, 
 and for every person working at any dry stove or rollers 
 an overall suit with head covering, and a respirator or 
 covering for the mouth and nostrils. 
 
 (6.) There must be accessible to all persons employed 
 in the factory a sufficient supply of acidulated drink. 
 
 N.B. — The special rules for white lead works under section 8 
 of the Act of 1891, are much more elaborate. 
 
FACTORY AND WORKSHOP ACT, 1891. 
 54 & 55 YiCT. Cap. 75. 
 
 An Act to amend tJie Law relating to Factories and 
 Workshops. [5tli August, 1891.] 
 
 Whereas it is expedient to amend the Factory *^'^^*^*-^'^^- 
 
 and Workshop Act, 1878 (hereinafter referred to 
 
 as the principal Act), : 
 
 Be it therefore enacted .... as follows : — 
 
 Sanitary Provisions. 
 
 1. (1.) If the Secretary of State is satisfied ^||Jt^f*' 
 that the provisions of the law relating to public pQ^~of 
 health as to effluvia arising from any drain, privy, iJaSSTo^^ 
 or other nuisance, or with respect to cleanliness, provJiJng 
 ventilation, overcrowding, (a) or limewashing(6) gj^gf^' 
 are not observed in any workshops or class of 
 workshops (including workshops conducted on the 
 system of not employing any child, young person, 
 or woman therein) or laundries, he may, if he 
 thinks fit, by order, authorise and direct an in- 
 spector or inspectors under the principal Act to 
 take, during such period as may be mentioned in 
 the order, such steps as appear necessary or proper 
 for enforcing the said provisions. 
 
 (2.) An inspector authorised in pursuance of 
 this section shall, for the purpose of his duties, 
 have the same powers with respect to workshops 
 .and laundries (c) to which this section applies, as 
 he has under the principal Act as amended by this 
 Act with respect to factories, and may for the same 
 
166 Factory and Worhsliop Act, 1891. 
 
 1891 Act, purpose take the like proceedings for punishing or 
 ®£-L ■ remedying any default in complance with the said 
 provisions of the law relating to public health as 
 might be taken by the sanitary authority of the 
 district in which the workshops or laundries are 
 situate, and shall be entitled to recover from that 
 sanitary authority all such expenses in and about 
 any proceedings in respect of such workshops or 
 laundries as he may incur and are not recovered 
 from any other person, and have not been incurred 
 in any unsuccessful proceedings. 
 
 (a) As to overcrowding, the Act of 1895, s. 1 (1), pro- 
 vides that a factory or workshop shall be deemed to be 
 overcrowded, if in any room therein the number of cubic 
 feet in space bears to the number of persons employed at 
 once therein a less proportion than 250, or, if overtime is 
 being worked, 400 cubic feet of space to each person ; and 
 section 1 (2) gives the Secretary of State power in certain 
 cases to substitute higher figures than those given above 
 (seep. 197). 
 
 (b) See the Public Health Act, 1875, s. 44, as to lime- 
 washing. 
 
 (c) Cf. section 22 of the Act of 1895, as to laundries. 
 
 Powers of 2. (!•) Scction four of the principal Act shall 
 iSpector apply to workshops conducted on the system of 
 to^aiJtery^ uot employing any child, young person, or woman 
 aut onty. ^j^^j.^^^^ ^^^ ^q laundries. 
 
 (2.) Where notice of an act, neglect, or default 
 is given by an inspector under the said section 
 four, as amended by this Act, to a sanitary autho- 
 rity, and proceedings are not taken within a reason- 
 able time(a) for punishing or remedying the act, 
 neglect, or default, the inspector may take the like 
 proceedings for punishing or remedying the same 
 as the sanitary authority might have taken, and 
 shall be entitled to recover from the sanitary 
 authority all such expenses in and about the pro- 
 
Enforcement of Provisions as to WorksJwps, 167 
 
 ceedinffs as the inspector incurs and are not 1891 Act, 
 
 Sect 2 
 recovered from any other person, and have not — 1 
 
 been incurred in any unsuccessful proceedings. (6) 
 
 (a) By section 3 (2) of tlie Act of 1895, the words " within 
 a reasonable time" in this section, are replaced by the 
 words " within one month " (see p. 199). 
 
 (b) For further provisions see sections 2, 3, and 4 of the 
 Act of 1895 (p. 199). 
 
 3. (1.) Sections three and thirty-three of the H^^l^ 
 Factory and Workshop Act, 1878 (which relate ^^^"Srity of 
 to cleanliness, ventilation, and overcrowding in, provSns 
 and limewashing of, factories and workshops), shall workshops. 
 
 , 1 , T 1 / N 41 & 42 Vict. 
 
 cease to apply to worksnops.^aj c.ie. 
 
 (2.) For the purpose of their duties with respect 
 to workshops (not being workshops to which the 
 Public Health (London) Act, 1891,(6) applies), a^*&55Vict. 
 sanitary authority and their officers shall, without 
 prejudice to their other powers, have all such 
 powers of entry, inspection, taking legal proceed- 
 ings or otherwise, as an inspector under the prin- 
 cipal Act. 
 
 (3.) If any child, young person, or woman, is 
 employed in a workshop, and the medical officer 
 of the sanitary authority becomes aware thereof, 
 he shall forthwith give written notice thereof to 
 the factory inspector of the district, (c) 
 
 (a) For sections 3 and 33 of the principal Act, see pp. 2 
 and 46, ante. 
 
 (6) The sections of the Public Health (London) Act 
 (54 & 55 Vict. c. 76), which apply to workshops and bake- 
 houses are sections 25—27. They will be found on p. 287, 
 post. 
 
 (c) The words of this sub-section are identical with those 
 of the 27th section of the Public Health (London) Act, 
 1891 {post, p. 
 
 4:, (1.) Every workshop as defined by the cieaniinesa 
 principal Act (including any workshop conducted washing of 
 
168 Factory and Workshop Act, 1891. 
 
 1891 Act, on the system of not employing any child, yonng 
 — - ' person, or woman therein), and every workplace 
 
 38 & 39 Vict, within the meaning of the Public Health Act, 
 18 7 5, (a) shall be kept free from effluvia arising 
 from any drain, water-closet, earth-closet, privy, 
 urinal, or other nuisance, and unless so kept shall 
 be deemed to be a nuisance liable to be dealt with 
 summarily under the law relating to public health. 
 (2.) Where on the certificate of a medical officer 
 of health or inspector of nuisances it appears to 
 any sanitary authority that the limewashing, 
 cleansing, or purifying of any such workshop, or 
 of any part thereof, is necessary for the health of 
 the persons employed therein, the sanitary autho- 
 rity shall give notice in writing to the owner or 
 occupier of the workshop to Hmewash, cleanse, or 
 purify the same or part thereof, as the case may 
 require. 
 
 (3.) If the person to whom notice is so given 
 fails to comply(6) therewith within the time therein 
 specified, he shall be liable to a fine not exceeding 
 ten shillings for every day during which he con- 
 tinues to make default, and the sanitary authority 
 may, if they think fit, cause the workshop or part 
 to be lime washed, cleansed, or purified, and may 
 recover in a summary manner the expenses in- 
 curred by them in so doing from the person in 
 default, (c) 
 
 (4.) This section shall not apply to any workshop 
 
 64 & 55 Vict, or workplace to which the Public Health (London) 
 
 Act, 1891, applies. 
 
 (a) By section 52 of the Act of 1895, the expression 
 " Public Health Act, 1875," where it occurs in this section, 
 shall, in the application of the Factory Acts to Ireland, be 
 
fpr 
 
 Safety, and Provision against Fire. 169 
 
 construed as meaning tlie Public Health (Ireland) Act, 1891 Act, 
 1878, and the Acts amending the same (see p. 239). Sect. 4. 
 
 (6) By section 43 of the Act of 1895, failure to enter in 
 the register kept in pursuance of section 77 of the prin- 
 cipal Act, the prescribed particulars as to limewashing 
 shall be 'primd facie evidence of failure to observe the pro- 
 visions of the Factory Acts as to limewashing (see ^. 236). 
 
 (c) For further provisions see Act of 1895, ss. 29, 30, 31, 
 32, 33, and 35 (pp. 224—8). 
 
 5. In section three of the principal Act, for Amendment 
 ^' r r ' of 41 & 42 
 
 the word " privy," shall be substituted the words victcie, 
 
 r J J ^ s. 3, as to 
 
 " water-closet, earth-closet, privy, urinal,'' and for sanitary 
 
 ^^ , , ' i^ •/ ■ ' provisions. 
 
 the words " injurious to the health of the persons 
 employed therein " shall be substituted the words 
 " dangerous or injurious to the health of the per- 
 sons employed therein." (a) 
 
 (a) See p. 2, ante. 
 
 Safety, 
 
 6. (1.) The words " near to which any person ^^^^^^'^^ 
 is hable to pass or to be employed " in sub-sec- J^fas'tcf' 
 tion (1) of section five of the principal Act (a) are ^^iSne^ 
 hereby repealed. 
 
 (2.) In sub-section three of the same section(a) 
 before the words " every part " shall be inserted the 
 words "all dangerous parts of the machinery and." 
 
 {a) See p. 5, ante. 
 
 For further amendments as to the fencing of machinery, 
 see section 7 of the Act of 1895 (p. 201) ; and for regula- 
 tions as to the position in which any self-acting machine 
 is to be placed, see section 9 of the same Act (p. 202). Cf. 
 also sections 4 and 8 of the Act of 1895, as to dangerous 
 parts of machinery. 
 
 7. (1.) Every factory of which the construe- Provision 
 
 ,. . iPir> px against fire. 
 
 tion IS commenced after the first day of January 
 one thousand eight hundred and ninety-two, and 
 
170 Factory and Workshop Act, 1891. 
 
 1|91 -^ct, in which more than forty persons are employed, 
 — '- * shall be furnished with a certificate from the sani- 
 tary authority of the district in which the factory 
 is situate that the factory is provided on the storeys 
 above the ground floor with such means of escape 
 in case of fire(a) for the persons employed therein 
 as can reasonably be required under the circum- 
 stances of each case, and a factory not so furnished 
 shall be deemed not to be kept in conformity with 
 the principal Act, and it shall be the duty of the 
 sanitary authority to examine every such factory, 
 and on being satisfied that the factory is so provided 
 to give such a certificate as aforesaid, [h) 
 
 (2.) With respect to all factories to which the 
 foregoing provisions of this section do not apply, 
 and in which more than forty persons are employed, 
 it shall be the duty of the sanitary authority of 
 every district, as soon as may be after the passing 
 of this Act, and afterwards from time to time, to 
 ascertain whether all such factories within their 
 district are provided with such means of escape as 
 aforesaid, and, in the case of any factory which is 
 not so provided, to serve on the person being within 
 
 38 & 39 Vict the meaning of the Public Health Act, 1875, (c) 
 the owner of the factory a notice in writing 
 specifying the measures necessary for providing 
 such means of escape as aforesaid, and requiring 
 him to carry out the same before a specified date, 
 and thereupon such owner shall, notwithstanding 
 any agreement with the occupier, have power to 
 take such steps as are necessary for complying 
 with the requirements, and, imless such require- 
 ments are so complied with, such owner shall be 
 
Provision aqainst Fire. 171 
 
 liable to a fine not exceeding one pound for every 1891 Act^ 
 
 1 XT. i. 1. 1-5 T Sect. 7. 
 
 day that such non-compliance continues. In case — 
 
 of a difference of opinion between the owner of 
 the factory and the sanitary authority, the differ- 
 ence shall, on the application of either party, be 
 referred to arbitration, (t?) and thereupon the pro- 
 visions of the First Schedule to this Act shall have 
 effect, except that the parties to the arbitration 
 shall be the sanitary authority on the one hand 
 and the owner on the other, and the award on the 
 arbitration shall be binding on the parties thereto. 
 If the owner alleges that the occupier of the fac- 
 tory ought to bear or contribute to the expense 
 of complying with the requirement, he may apply 
 to the county court having jurisdiction where the 
 factory is situate, and thereupon the county court, 
 after hearing the occupier, may make such order 
 as appears to the court just and equitable under all 
 the circumstances of the case, {e) 
 
 (3.) All expenses incurred by a sanitary authority 
 in the execution of this section shall be defrayed — 
 (a.) In the case of an authority of an urban 
 district, as part of their expenses of the 
 general execution of the Public Health 
 Act, 1875 ; and 
 (5.) In the case of an authority of a rural dis- 
 trict, as special expenses incurred in the 
 execution of the Public Health Act, 
 1875; and such expenses shall be charged 
 to the contributory place in which the 
 factory is situate. 
 (4.) In the application of this section to the 
 administrative county of London, the London 
 
172 Factory and Workshop Act, 1891. 
 
 1891 Act, County Council(^ shall take the place of the 
 £j. • sanitary authority, and their expenses in the exe- 
 cution of this section shall be defrayed as part of 
 18 & 19 Vict ^^®^^ expenses in the management of the Metro- 
 e. 122. politan Building Act, 1855, and the Acts amending 
 the same. 
 
 (a) Furtlier provisions are made by section 10 of the 
 Act of 1895 in respect of escape from fire, as follows : — 
 
 By section 10 (1), moveable fire-escapes may be ordered 
 to be provided, on complaint by an inspector, by a 
 court of summary jurisdiction. 
 
 By section 10 (2), while people are employed in a fac- 
 tory, doors are not to be bolted or locked so that 
 they cannot be easily opened from the inside. 
 
 By section 10 (3), in works constructed after the 1st of 
 January, 1896, doors, if they are not sliding doors, 
 are to be so made as to open outwards (p. 203). 
 
 (6) By section 10 (4) of the Act of 1895, this sub-section 
 is made to apply to all workshops constructed after 1st of 
 January, 1896, and in which more than forty persons are 
 employed, in like manner as it applies to factories (p. 204). 
 
 (c) In the application of the Factory Acts to Ireland, 
 section 52 of the Act of 1 895 enacts that the expression 
 " Public Health Act, 1875," as used here, is to be construed 
 as meaning the " Public Health (Ireland) Act, 1878 and 
 the Acts amending the same " (p. 239). 
 
 {d) By section 11 (1) of the Act of 1895, the application 
 must be made within one month after the time the dif- 
 ference arises (see p. 204), and section 11 (2) provides that 
 where such a difference is referred to arbitration, the notice 
 of the sanitary authority or council shall be discharged, 
 amended, or confirmed in accordance with the award in 
 the arbitration (see p. 205). 
 
 (e) By section 10 (4) of the Act of 1895, this sub-section 
 is made to apply to all workshops (to which the first part 
 of the sub-section (4) of section 10 of the 1895 Act does not 
 apply), in like manner as it applies to factories. 
 
 For the purpose of enforcing the provisions of this sec- 
 tion, the inspector, by section 10 (5) of the Act of 1895, is 
 given power to give the like notice and take the like pro- 
 ceedings as under section 4 of the principal Act and sec- 
 tion 2 of this Act, and the provisions of those sections 
 shall apply accordingly (see p. 204). 
 
 These new regulations provide a penalty on the occupier* 
 
Special Rules and Requirements. 173 
 
 Special Rules and Requirements, Sect 8 
 
 8. (1.) Where the Secretary of State certifies ^^^^l^^ 
 that in his opinion any machinery or process or g^^^^f^-g ^ 
 particular description of manual labour used in a ^M^n^"^ 
 factory or workshop(a) (other than a domestic f^^^Ydey.s 
 workshop) is dangerous or injurious to health or ^gnt^^^^" 
 dangerous to life or Hmb, either generally or in 
 the case of women, children, or any other class of 
 persons, or that the provisions for the admission of 
 fresh air is not sufficient, or that the quantity of 
 dust generated or inhaled in any factory or work- 
 shop is dangerous or injurious to health, the chief 
 inspector may serve on the occupier of the factory 
 or workshop a notice in writing, either proposing 
 such special rules or requiring the adoption of 
 such special measures as appear to the chief in- 
 spector to be reasonably practicable and to meet 
 the necessities of the case. 
 
 (2.) Unless within twenty-one days after receipt 
 of the notice the occupier serves on the chief 
 inspector a notice in writing that he objects to the 
 rules or requirement, the rules shall be established, 
 or, as the case may be, the requirement shall be 
 observed. 
 
 (3.) If the notice of objection suggests any 
 modification of the rules or requirement, the 
 Secretary of State shall consider the suggestion 
 and may assent thereto with or without any fur- 
 ther modification which may be agreed on between 
 the Secretary of State and the occupier, and there- 
 upon the rules shall be established, or, as the case 
 
174 Facton-y and Worlzshop Act, 1891. 
 
 1891 Act, may be, the requirement shall be observed, subject 
 — 1 ■ to such modification. 
 
 (4.) If the Secretary of State does not assent to 
 any objection or modification suggested as afore- 
 said by the occupier, the matter in difference 
 between the Secretary of State and the occupier 
 shall be referred to arbitration(6) under this Act, 
 and the date of the receipt of the notice of objection 
 by the Secretary of State shall be deemed to be 
 the date of the reference, and the rules shall be 
 established, or the requisition shall have effect, as 
 settled by an award on arbitration. 
 
 (5.) Any notice under this section may be served 
 by post. 
 
 (6.) With respect to arbitrations under this Act 
 the provisions in the First Schedule to this Act 
 shall have effect, (c) 
 
 (7.) No person shall be precluded by any agree- 
 ment from doing, or be liable under any agree- 
 ment to any penalty or forfeiture for doing, such 
 acts as may be necessary in order to comply with 
 the provisions of this section. 
 
 (a) By section 28 of the Act of 1895, this section and 
 the four following (9, 10, 11, and 12), are declared to 
 extend to workshops conducted on the system of not em- 
 l^loying children, young persons, and women, and by the 
 same section a chief inspector may now make special rules 
 as to the employment of persons in dangerous trades to 
 which no objection can be made except, and in the case of 
 adults only, in the House of Commons (see fost, p. 224). 
 
 (6) Provision is now made by section 12 of the Act of 
 1895 for the representation of workmen on any arbitration, 
 under this section, if they apply to be so represented 
 (see p. 205). • 
 
 (c) See p. 193. 
 
 By virtue of this section, the Secretary of State has 
 certified the following occupations to be dangerous, and has 
 required special rules to be observed : — 
 
Contravention of Special Rules, 175 
 
 Processes in — 1891 Act, 
 
 The manufacture of white lead. Sect. 8. 
 
 „ „ paints, colours, 
 
 And in the extraction of arsenic. 
 The enamelling of iron plates. 
 
 {London Gazette, 13th May, 1892.) 
 
 The manufacture of lucifer matches, excpt such as 
 are made with red or amorphous phosphorus. 
 {London Gazette, 7th June, 1892.) 
 The manufacture of earthenware. 
 „ „ explosives in which di-nitro- 
 
 benzole is used. 
 Chemical works. 
 Quarries. 
 
 {London Gazette, 27th December, 1892.) 
 The manufacture of red, orange, or yellow lead. 
 Lead smelting. 
 
 The tinning and enamelling of iron hollow- ware. 
 Electric accumulator works. 
 Flax mills and linen factories. 
 
 {London Gazette, 5th January, 1894.) 
 Brass mixing and casting. 
 
 {London Gazette, 11th May, 1894.) 
 The tinning and enamelling of metal hollow- ware and 
 cooking utensils. 
 
 {London Gazette, 22nd June, 1894.) 
 Which yellow chromate of lead is used or in which 
 goods dyed with it undergo the process of bundling 
 or noddling, winding, reeling, weaving, or any other 
 treatment. 
 
 {Lmdon Gazette, 19th April, 1895.) 
 
 9. (1.) If any person who is bound to observe Penalty for 
 
 • 1 1 1T11P r. contraven- 
 
 any special rules establisned for any factory or tion of 
 
 z 1 1 A • special rules 
 
 workshop under this Act acts m contravention of, o^ ^quire- 
 
 ^ . ? ment. 
 
 or fails to comply with, any such special rule, he 
 shall be liable on summary conviction to a fine not 
 exceeding two pounds; and the occupier of the 
 factory or workshop shall also be liable on sum- 
 mary conviction to a fine not exceeding ten 
 pounds, unless he proves that he had taken all 
 reasonable means, by publishing, and to the best 
 
176 Factory and Worksliop Act, 1891. 
 
 1891 Act, of his power enforcing, the rules to prevent the 
 
 — ^ ' contravention or non-compliance, (a) 
 
 (2.) A factory or workshop in which there is a 
 
 contravention of any requirement made under this 
 
 Act shall be deemed not to be kept in conformity 
 
 with the principal Act. 
 
 (a) As regards the recovery of the fine and appeal, see 
 section 89 of the Act of 1878, and also the Summary Juris- 
 diction Acts, 1879 and 1884 (see also note (a) to s. 8, above), 
 
 oSpeeS^^* 10. (1-) After special rules are established 
 rules. under this Act in any factory or workshop, the 
 
 Secretary of State may from time to time propose 
 to the occupier of the factory or workshop any 
 amendment of the rules or any new rules ; and the 
 provisions of this Act with respect to the original 
 rules shall apply to all such amendments and new 
 rules in like manner, as nearly as may be, as they 
 apply to the original rules. 
 
 (2.) The occupier of any factory or workshop in 
 which special rules are established may from time 
 to time propose in writing to the chief inspector^ 
 with the approval of the Secretary of State, any 
 amendment of the rules or any new rules, and the 
 provisions of this Act with respect to a suggestion 
 of an occupier for modifying the special rules 
 proposed by a chief inspector shall apply to all 
 such amendments and new rules in like manner, 
 as nearly as may be, as they apply to such a 
 suggestion. 
 
 See note (a) to section 8, ante. 
 
 S'sS""" 11- (!•) Printed copies of all special rules for 
 rules. ^Q iimQ being in force under this Act in any 
 
Certified Copies of Special Rules. 177 
 
 factory or workshop shall be kept posted up in 1891 Act, 
 legible characters in conspicuous places in the ^®^"»-^' 
 factory or workshop where they may be con- 
 veniently read by the persons employed. In a 
 factory or workshop in Wales or Monmouthshire 
 the rules shall be posted up in the Welsh language 
 also. 
 
 (2.) A printed copy of all such rules shall be 
 given by the occupier to any person affected 
 thereby on his or her application. 
 
 (3.) If the occupier of any factory or workshop 
 fails to comply with any provision of this section, 
 he shall be hable on summary conviction to a fine 
 not exceeding ten pounds. 
 
 (4.) Every person who pulls down, injures, or 
 defaces any special rules when posted up in pur- 
 suance of this Act, or any notice posted up in 
 pursuance of the special rules, shall be liable on 
 summary conviction to a fine not exceeding five 
 pounds. 
 
 See note (a) to section 8, ante. 
 
 12. An inspector shall, when required, certify ^^^^f^ 
 a copy which is shown to his satisfaction to be a JP^^g^^ ^ 
 true copy of any special rules for the time being evidence, 
 established under this Act for any factory or 
 workshop, and a copy so certified shall be evidence 
 (but not to the exclusion of other proof) of those 
 special rules, and of the fact that they are duly 
 established under this Act. 
 
 See note (a) to section 8, cmte. 
 
 K 
 
178 Factory and Workshop Act, 1891. 
 
 Sect 13*' Period of Employment, 
 
 period^f 13. (!•) For sub-section (2) of section fifteen 
 
 lOT woS?u * of the principal Act the following sub-section shall 
 
 be substituted, namely : — 
 
 (2.) In a workshop which is conducted on the 
 
 system of not employing therein either children or 
 
 young persons, and the occupier of which has 
 
 served on an inspector notice of his intention to 
 
 conduct his workshop on that system — 
 
 (a.) The period of emplayment for a woman 
 
 shall, except on Saturday, be a specified 
 
 period of twelve hours taken between six 
 
 o'clock in the morning and ten o'clock 
 
 in the evening, and shall on Saturday be 
 
 a specified period of eight hours, taken 
 
 between six o'clock in the morning and 
 
 four o'clock in the afternoon ; and 
 
 (6.) There shall be allowed to a woman for meals 
 
 and absence from work during the period 
 
 of employment, a specified period not 
 
 less, except on Saturday, than one hour 
 
 and a half, and on Saturday than half an 
 
 hour, (a) 
 
 (a) For further regulations as to employment, see sec- 
 tions 14—16 of the Act of 1895 (pp. 206—8). 
 
 Notice as J^. (L) The report required by section sixty- 
 
 six of the principal Act respecting the employment 
 of a child, young person,fa) or woman in pursuance 
 of an exception relating to employment overtime, 
 must be sent to an inspector not later than eight 
 o'clock in the evening on which the child, young 
 
Employment on Saturdays. 179 
 
 person, or woman is employed in pursuance of the 1891 Act, 
 exception. — 
 
 (2.) Where, under the said section sixty -six, the 
 occupier of a factory or workshop is required to 
 make an entry and report respecting the employ- 
 ment overtime of a child, young person, (a) or woman 
 in .the factory or workshop, he shall cause a notice 
 containing the prescribed particulars respecting the 
 employment to be kept aifixed in the factory or 
 workshop during the prescribed time, and in default 
 of so doing shall be liable, on summary conviction, 
 to a fine not exceeding five pounds. 
 
 (a) A young person must now be employed overtime in 
 pursuance of section 53 of the principal Act (s. 14 (1) of 
 the Act of 1895, p. 206). 
 
 15. For section eighteen of the principal Period of 
 Act, the following section shall be substituted, ment on 
 
 , Satiu'day 
 
 namely, — for young 
 
 persons and 
 
 In a non-textile factory or workshop where a SoJeT'^ 
 young person or woman has not been ™^J^ ^^^^^ 
 actually employed for more than eight 
 hours on any day in a week, and notice of 
 such non-employment has been affixed in 
 the factory or workshop and served on the 
 inspector, the period of employment on 
 Saturday in that week for that young 
 person or woman may be from six o'clock 
 in the morning to four o'clock in the after- 
 noon, with an interval of not less than two 
 hours for meals. 
 
 n2 
 
180 Factory and Workshop Act, 1891. 
 
 1891 Act, TTTi 
 
 Sect_16. Hohdmjs. 
 
 Amend- J^g^ J^or sub-section (4) of section twenty-two 
 
 ^^ufli^' ^^ *^® principal Act the following sub-section shall 
 »|*^hoii- ]jQ substituted, namely: 
 
 (4.) Cessation from work shall not be deemed 
 to be a half holiday or whole holiday, 
 unless a notice of the half holiday or 
 whole holiday has been affixed in the 
 factory or workshop during the first 
 week in January, and a copy thereof 
 has on the same day been forwarded to 
 the inspector of the district : Provided 
 that any such notice may be changed by 
 a subsequent notice affixed and sent in 
 like manner not less than fourteen day& 
 before the holiday or half holiday to 
 which it applies. 
 
 This section is somewhat modified by section 17 of the 
 Act of 1895 (p. 209). 
 
 Conditions of Employment, 
 Prohibition 1 7 An occupicr of a factory or workshop shall 
 
 of employ- j. • . r j i 
 
 mentof not knowinfflv allow a woman to be employed 
 
 women *-^ *' . 
 
 after child- therein within four weeks after she has ffiven birth 
 
 birth. o 
 
 to a child. 
 
 Prohibition J 8. On and after the first day of January, 
 mentof one thousand eight hundred and ninety-three, no 
 under child Under the age of eleven years shall be 
 
 eleven years i i • p it 
 
 of age. employed m a factory or workshop. 
 
 Provided always, that any child lawfully em- 
 ployed under the principal Act, or any Act relating 
 to the employment of children, at the time that 
 
Certificates^ Exemption of Certain Workshops, 181 
 
 the provisions of this section come into operation, 1891 Act, 
 shall be exempt from its provisions. —1. 
 
 19. Every certifying surgeon acting under this ^^^^Jj 
 or the principal Act shall in each year make at the surgeon, 
 prescribed time a report in the prescribed form to 
 
 the Secretary of State as to the persons inspected 
 
 during the year, and the results of the inspection, (a) 
 
 (a) A certifying surgeon may, by section 46 of the Act 
 of 1895, be directed by the Secretary of State to make any 
 special inquiry or re-examination of any young person or 
 child, and the expense incurred under this provision shall 
 be defrayed as other expenses incurred by him under the 
 Factory Acts (see p. 237). 
 
 20. Where the age of any child or young per- ^^^^j^J^ 
 son under the age of sixteen years is required to be ^^f^J^^ 
 ascertained or proved for the purposes of this Act, ^g^gJJ^^ 
 or for any purpose connected with the elementary ^"^^^^ ^^• 
 education or employment in labour of such child 
 
 or young person, any person shall, on presenting a 
 written requisition, in such form, and containing 
 such particulars as may be from time to time 
 prescribed by the Local Government Board, and 
 on payment of a fee of sixpence, be entitled 
 to obtain a certified copy imder the hand of a 
 registrar or superintendent registrar of the entry 
 in the register, under the Births and Deaths Kegis- 
 tration Acts, 1836 to 1874, of the birth of that 
 child or young person ; and such form of requi- 
 sition shall on request be supplied without charge 
 by every superintendent registrar and registrar of 
 births, deaths, and marriages. 
 
 21. There shall be repealed so much of section ^/^J^^^P* 
 sixty-one of the principal Act (a) as enacts that J^Jf-^g^^^' 
 
182 Factory and Workshop Act, 1891. 
 
 1891 Act, the provisions therein mentioned shall not apply to 
 -L ' a workshop which is conducted on the system of 
 
 exemption j i • i •! i ii • 
 
 of certain not employmg children or young persons therein, 
 and the occupier of which has served on an in» 
 spector notice of his intention to conduct his work- 
 shop on that system, 
 (a) See p. 76, ante. 
 
 Miscellaneous. 
 
 ^ffTTHt^r' 22. [(!•) In section thirty-one of the principal 
 Vict. c. 16, ji^f fQy. ij^g yjords " and is of such a nature as to 
 
 t. 31, as to ' J 
 
 ^ac^dmis ] p'^'^'^^^t the person injured hy it from returning to 
 his loork in the factory or workshop loithin forty- 
 eight hours after the occurrence of the accident " 
 shall he substituted the words " and is of such a 
 nature as to prevent tlie person injured hy it from 
 returning to his work in the factory or ivorkshop and 
 doing five hours work on any day during the next 
 three days after the occurrence of the accident^] {a) 
 (2.) The notice required under that section shall, 
 where the person killed or injured is not removed 
 to his own residence, state both his residence and 
 the place to which he has been removed. 
 
 (3.) Where a death has occurred by accident 
 in any factory or workshop, the coroner shall 
 forthwith advise the district inspector under this 
 A.ct of the time and place of the holding of the 
 inquest, and at such inquest any relative of any 
 person whose death may have been caused by the 
 accident with respect to which the inquest is being 
 held, and any inspector under the principal Act,, 
 and the occupier of the factory or workshop iaj 
 which the accident occurred, and any persoi 
 
Payment hy Piece, 183 
 
 appointed by the order in writing of the majority 1891 Act, 
 of the workpeople employed in the said factory or -^ 
 workshop shall be at liberty to attend and examine 
 any witness either in person or by his counsel, 
 solicitor, or agent, subject nevertheless to the 
 order of the coroner. 
 
 {a) This sub-section is repealed by section 18 and schedule 
 3 of the Act of 1895 which substitutes a new section alto- 
 gether in place of section 31 of the Act of 1878 which this 
 sub-section amended (see p. 42, ante). A register of acci- 
 dents has to be kept by every occupier of a factory or 
 workshop by section 20 of the Act of 1895 (see p. 212). 
 
 23. In the appointment of inspectors of fac- inspectors 
 tories in Wales and Monmouthshire, amons: candi- Momnouth- 
 
 . shire. 
 
 dates otherwise equally qualified, persons having 
 a knowledge of the Welsh language shaU be pre- 
 ferred. 
 
 For the appointment, payment, &c., of inspectors, see 
 section 67 of the principal Act. 
 
 [24. Every person ivJio is engaged as a weaver iparticuiars 
 in the cotton, worsted, or woollen, or linen or jute fn ccS^ ^ 
 trade, or as a winder, weaver, or reeler in tliep^^ ^ 
 cotton trade, and is paid hy the piece, in or in con- 
 nection ivith any factoinj or workshop, shall have 
 supplied to him with his work sufficient particulars 
 to enable him to ascertain the rate of wages at which 
 lie is entitled to he paid for the work, and the occur- 
 pier of the factory or workshop shall supply him 
 loith such particulars accordingly. 
 
 If the occupier of any factory or workshop fails 
 to supply such particulars then, unless he proves 
 that he has given the best information in his power 
 with respect to such particulars, he shall he liable 
 
184 Factory and Workshop Actj 1891. 
 
 1891 Act, yo7« each offence to a fine not exceeding ten pounds 
 — - ' and in the case of a second or subsequent conviction 
 for the same offence loithin two years from the last 
 conviction for that offence not less than one 2)ound. 
 
 Provided always, that in the event of anyone who 
 is engaged as an operative in any factory or loork- 
 shop receiving such particulars, and subsequently 
 disclosing the same with a fraudulent object or for 
 the purpose of gain, whether they be furnished 
 directly to him or to a fellow workman, he shall 
 be liable for each offence to a fine not exceeding ten 
 pounds. 
 
 Provided also, that anyone who shall solicit or 
 procure a person so engaged in any factory to dis- 
 close such particulars with the object or purpose 
 aforesaid, or shall pay or reward such person, or 
 shall cause such person to be paid or rewarded, for 
 so disclosing such particulars, shall he guilty of an 
 offence, and shall be liable for each offence to a fine 
 not exceeding ten pounds.'] (a) 
 
 {a) This section is repealed by schedule 3 of the Act of 
 1895, and section 40 of that Act takes its place, and also 
 makes further provision for the publishing by the occupier 
 of a textile factory of particulars of the rate of wages appli- 
 cable to the work to be done, and also particulars of the 
 work to which that rate is to be applied. The Secretary 
 of State may extend these provisions to non- textile factories 
 and workshops (see p. 234). 
 
 Powers of 25. The powers of entry conferred by section 
 
 sixty-eight of the principal Act on an inspector 
 
 under that Act may be exercised without the 
 
 authority or warrant required in certain cases by 
 
 section sixty-nine of that Act. (a) 
 
 (a) The powers of an inspector to take with him a con- 
 stable under section 68 of the Act of 1878 are extended by 
 
Notice of Occupation^ Lists of Out- Workers. 185 
 
 section 45 of the Act of 1895 to a workshop as well as a 1891 Act, 
 factory (see p. 237). Sect. 25. 
 
 26. (1-) Section seventy-five of the principal Notice of 
 Act (which requires notice to be given of the occu- workshop, 
 pation of a factory) shall apply to a workshop (in- 
 cluding any workshop conducted on the system of 
 
 not employing any child, young person, or woman 
 therein) in like manner as it applies to a factory. 
 
 (2.) Where an inspector receives notice in pur- 
 suance of this section with respect to a workshop, 
 he shall forthwith forward the notice to the sani- 
 tary authority of the district in which the workshop 
 is situate. 
 
 (a) This section should be read in conjunction with the 
 seventy-fifth section of the principal Act (p. 96) which it 
 extends, and with section 41 of the Act of 1895 (p. 235) 
 which contains further provisions as to notice. 
 
 27. (1.) The occupier of every factory andi^^stsof 
 workshop (including any workshop conducted on workers. 
 the system of not emplojdng any child, young per- 
 son, or woman therein), and every contractor em- 
 ployed by any such occupier in the business of 
 
 the factory or workshop shall, if so required by 
 the Secretary of State by an Order made in accor- 
 dance with section 65 of the principal Act, and sub- 
 ject to any exceptions mentioned in the order, keep 
 in the prescribed form and with the prescribed 
 particulars lists showing the names of all persons 
 directly employed by him, either as workman or 
 as contractor, in the business of the factory or 
 workshop, outside the factory or workshop, and the 
 places where they are employed, and every such 
 list shall be open to inspection by any inspector 
 
186 Factory and Workshop Act, 1891. 
 
 1891 Act, uader the principal Act or by any officer of a sani- 
 — ^ ' tary authority, (a) 
 
 (2.) In the event of a contravention of this sec- 
 tion by the occupier of a factory or workshop, or 
 by a contractor, the occupier or contractor shall be 
 liable to a fine not exceeding forty shillings. 
 
 (a) This section is extended by section 42 of the Act of 
 1895. Besides having to keep a list of outworkers occu- 
 piers and contractors, to whom this section applies, have 
 now to send twice a year a copy of that list to the inspector 
 for the district, and for the purposes of the two sections a 
 place from which the work of making wearing apparel for 
 sale is given out is a workshop and so comes within their 
 operation (see p. 236). The other occupations which 
 come within their operation (by virtue of an Order gazetted 
 November 4th, 1892) are : — 
 
 The manufacture of articles of wearing apparel. 
 
 The manufacture of electro plate. 
 
 Cabinet and furniture making and upholstery work. 
 
 The manufacture of files. 
 
 The forms prescribed by the Secretary of State for the 
 required lists are as follows : — 
 
 Out-Workers. 
 Fcyrmfor use of Occupier. 
 
 FORM PRESCRIBED BY THE SECRETARY OF 
 STATE. 
 
 Factory and Workshop Act (54 & 55 Vict. c. 75, s. 27). 
 
 (Out-Workers.) 
 
 Address of Factory or Workshop. 
 
 Name of Occupier of Factory or Workshop. 
 
 Business carried on 
 
 Name of persons employed by the Occupier outside the 
 Factory (or Workshop) in the business of the Factory 
 (or Workshop), and places where they are employed, 
 viz : — 
 
 A. Persons so employed as Workmen. 
 
 Christian and Surname. 
 
 Place where employed. 
 
Out- Workers. 18^ 
 
 B. Persons so employed as Contractors. 1891 Act, 
 
 Sect. 27. 
 
 Christian and Surname. 
 
 Place where employed. 
 
 Note. — In order that these lists may be correct lists of 
 persons employed at any given time, it will be neces- 
 sary that the name of any person newly taken into 
 employment should be immediately entered, and the 
 name of any person ceasing to be employed should be 
 immediately struck through. 
 
 Out-Workers. 
 Form for use of Contractor. 
 
 FORM PRESCRIBED BY THE SECRETARY OF 
 STATE. 
 
 Factory and Workshop Act (54 & 55 Vict. c. 75, s. 27). 
 (Out-Woi'h&rs.) 
 Address of Factory or Workshop. 
 Name of Occupier of Factory or Workshop. 
 Business carried on 
 
 Names of persons who are employed outside the Factory (or 
 Workshop) in the business of the Factory (or Work- 
 shop), by A. B., a Contractor with the occu- 
 pier and place where they are employed, viz. : — 
 
 A. Persons so employed as Workmen. 
 
 Christian and Surname. 
 
 Place where employed. 
 
 
 
 B. Persons so employed as Contractors. 
 
 Christian and Surname. 
 
 Place where employed. 
 
 
 
 Note. — In order that these lists may be correct lists of 
 persons employed at any given time, it wiU be neces- 
 sary that the name of any person newly taken into 
 employment should be immediately entered, and the 
 name of any person ceasing to be employed should be 
 immediately struck out. 
 
188 Factory and Workshop Act, 1891. 
 
 1891 Act, 28. The fine imposed on a conviction under 
 
 — ^ ' sections sixty-eight, eighty-one, eighty-two, or 
 
 penalties eiffhtv-three of the principal Act, for any offence 
 
 in certain . ^ . » ^ i m . « ^ 
 
 cases. in relation to a factory, shall, m case of a second 
 
 or subsequent conviction for the same offence 
 within two years from the last conviction for that 
 offence, be not less than one pound for each 
 offence, (a) 
 (a) See pp. 90, 101—3, ante. 
 
 of?im?fo? 29. In summary proceedings for offences and 
 prSSdtogs ^^^^ under the principal Act as amended by any 
 subsequent Act, an information may be laid within 
 three months after the date at which the offence 
 comes to the knowledge of \a factory inspector\(a) 
 or in case of an inquest being held in relation to the 
 offence, then within two months after the conclu- 
 sion of the inquest, so, however, that it shall not 
 be laid after the expiration of six months from the 
 commission of the offence. 
 
 (a) By section 44 (2) of the Act of 1895 the words "a 
 factory inspector " are altered to " the factory inspector for 
 tlie district within which the ojffence is charged to have 
 been committed." 
 
 Amendment 30. Section ninety-two of the principal Act 
 Vict. c. 16, shall apply to a workshop in like manner as it 
 applies to a factory. (a) 
 (a) See p. 112, ante. 
 
 ^entorat Q\^ In section ninety-three of the principal 
 Vict. c. 16, ^ct for the words " a place solely used as a dwell- 
 ing shall not be deemed to form part of the factory 
 or workshop for the purposes of this Act," shall be 
 substituted the words '^ a room solely used for the 
 
Application to Scotland, 18^ 
 
 ])iirpose of sleeping therein shall not be deemed to ^^1 Act, 
 Ibrm part of the factory or workshop for the -— 
 ■{jurposes of this Act." (a) 
 {a) See p. 116, ante. 
 
 32. I^othin o; in the principal Act as amended having for 
 
 ^^*^* o r r persons 
 
 by this Act shall apply to the process of cleaning p^^^^^J ^^f ^" 
 and preparing frnit so far as is necessary to prevent JJ2?°^ 
 the spoiling of the fruit on its arrival at a factory 
 or workshop during the months of June, July, 
 August, and September, (a) 
 
 {a) See p. 71, ante. Cf. sections 62 and 100 of the Act 
 
 of 1878. 
 
 33. In the application of this Act to Scot- ^ppucation 
 
 ^^^^' ^^^ . to Scotland. 
 
 land, the following modifications shall be made, 
 namely, — 
 
 (1.) The expression " Births and Deaths Regis- 
 tration Acts, 1836 to 1874," shall mean 
 the Acts relating to the registration of 
 births, deaths, and marriages in Scotland : 
 (2.) The expression " Public Health Act, 1875," 
 where it occurs in section seven of this 
 Act shall mean the Public Health (Scot- so & si vict. 
 
 ^ C. 101. 
 
 land) Act, 1867, and the Acts amending 
 the same : 
 
 (3.) The Board of Supervision shall be substituted 
 for the Local Government Board : 
 
 (4.) In lieu of Christmas Day, and either Good 
 Friday or the next public holiday under 
 the Holidays Extension Act, 1875, there 38&39Vict. 
 shall be allowed as a holiday to every 
 child, young person, and woman employed 
 in a factory or workshop within a burgh 
 
190 Factory and Workshop Act, 1891. 
 
 1891 Act, or police burgh, the two days in each 
 
 -1- ' year set apart by the Church of Scotland 
 
 for the observance of the sacramental 
 fast in the parish in which the factory or 
 workshop is situate, and in such burghs 
 or police burghs where such fast days 
 have been abohshed or discontinued there 
 shall be allowed as a holiday to every 
 child, young person, and woman employed 
 in a factory or workshop in such burghs 
 or police burghs such two whole days in 
 each year, separated by an interval of not 
 less than three months, as shall be fixed by 
 the magistrates or police commissioners 
 in such burghs or police burghs, and 
 such magistrates or police commissioners, 
 as the case may be, are hereby required 
 to fix, and from time to time, if it shall 
 seem expedient to them to do so, to alter 
 such holidays, and give public notice 
 thereof fourteen days before the date at 
 any time fixed. 
 (5.) [ Wliere a death has occurred by accident in 
 any factory or workshop a public inquiry 
 in open court shall be held by tlie sheriff, 
 upon the petition of any party interested, 
 and the sheriff shall forthwith advise the 
 district inspector under this Act of the 
 time and place of the holding of the in- 
 quiry, and at such inquiry any relative of 
 any person whose death has been caused 
 by the accident loith respect to which tJie 
 inquiry is being held, and the occupier or 
 
Holidays in Ireland, 191 
 
 manager of tlie factory or workshop in 1891 Act, 
 which the accident occurred, and any per- — '- 
 son appointed hy tJie order in writing of 
 the majority of the work-people em,ployed 
 in the said factory or workshop, shall he 
 at liberty to attend and examine any wit- 
 ness, either in person, or hy his counsel, 
 solicitor, or agent, subject nevertheless to 
 the order of the sheriff.^ (a) 
 
 (a) This sub-section is repealed by Schedule 3 of the 
 Act of 1895 (p. 242). 
 
 For present regulations as to notice of accidents, see sec- 
 tion 18 of the Act of 1895 (p. 210). 
 
 34. For sub-section (2) of section one hundred ^f'^fy-Jt?^ 
 and six of the principal Act, the following sub-^g^^.*'JoiJl^' 
 section shall be substituted : — ireil^S. 
 
 (2.) In Heu of any two half-holidays allowed 
 
 under the provisions of sub-sectioji (2) of 
 
 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 workshop the whole of 
 
 the seventeenth day of March, when that 
 
 day does not fall on a Sunday, or at the 
 
 option of the occupier of the factory or 
 
 workshop, either Good Friday (unless 
 
 that day is otherwise fixed as a holiday) 
 
 or Easter Tuesday.(a) 
 
 (a) Further as to holidays, see section 17 of the Act of 
 1895 (p. 209). 
 
 35. The fee to be charged in pursuance of Amendment 
 section one hundred and four of the principal Act vict. c. i6, 
 shall not exceed sixpence, and that section shall 
 
192 Factory and Workshop Act, 1891. 
 
 1891 Act, apply in the case of a young person under the age 
 
 — ^ ' of sixteen years in like manner as it appKes in the 
 
 case of a child, (a) 
 
 {a) Form of Kequisition for Ireland prescribed by 
 Secretary of State, dated 19th June, 1895 . 
 
 Amendment 3g^ The expression " retail bakehouse " in the 
 Tict.c.33, Factory and Workshops Act, 1883, shall not 
 
 include any place which is a factory within the 
 
 meaning of the principal Act. 
 
 S'^achi'. 37. (1.) For the purposes of the principal 
 
 "d^meSic ^^^ ^^^ *^is Act the expression "machinery" 
 
 workshop." gj^j^y include any driving strap or band, and the 
 
 expression ^'process" shall include the use of any 
 
 locomotive. 
 
 (2.) In this Act the expression ^' domestic work- 
 shop" means a workshop to which section sixteen 
 of the principal Act applies. (a) 
 (a) See p. 22, ante. 
 
 Amendment 38. There shall be added in Kne three, sub- 
 
 of41«&42 v-^'^* ' 
 
 Vict. c. 16, section (3), of the Fourth Schedule of the principal 
 Act, after " earthenware" the words " or china." (a) 
 (a) See p. 146, ante. 
 
 Repeal. 39. The enactments specified in the Second 
 
 Schedule to this Act are hereby repealed to the 
 extent mentioned in the third column of that 
 schedule. 
 
 Provided that any special rules or requirements 
 made under any enactment repealed by this Act 
 shall continue to have effect as if made under this 
 Act, and the provisions of this Act shall apply 
 thereto accordingly. 
 
Arbitration, 193 
 
 40. This Act shall, except where it is other- 1891 Act, 
 wise expressed, come into operation on the first — ^ 
 day of January one thousand eight hundred and mentof Act. 
 ninety-two. 
 
 41 (1.) This Act may be cited as the Factory short title 
 
 '^*- \ / J J and con- 
 
 and Workshop Act, 1891, and shall be construed If^^Jg^'vict 
 as one with the Factory and Workshop Act, 1878. 4e^|'47 vi^t 
 (2.) The Factory and Workshop Act, 1878, the ^2 &53Vict. 
 Factory and Workshop Act, 1883, and the Cotton ""• ^^• 
 Cloth Factories Act, 1889, may, together with 
 this Act, be cited collectively as the Factory and 
 Workshops Acts, 1878 to 1891. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 1. The parties to the arbitration are in this schedule Sections 7, 
 deemed to be the occupiers of the factory or workshop on 
 
 the one hand and the chief inspector, on behalf of the 
 Secretary of State, on the other. 
 
 2. Each of the parties to the arbitration may, within 
 fourteen days after the date of the reference, appoint an 
 arbitrator. 
 
 3. No person shall act as arbitrator or umpire under this 
 Act who is employed in, or in the management of, or is 
 interested in, the factory or workshop to which the arbitra- 
 tion relates. 
 
 4. The appointment of an arbitrator under this section 
 shall be in writing, and notice of the appointment shall be 
 forthwith sent to the other party to the arbitration, and 
 shall not be revoked without the consent of that party. 
 
 5. The death or removal of, or other change in, any of 
 the parties to the arbitration shall not affect the proceed- 
 ings under this schedule. 
 
 6. If within the said fourteen days either of the parties 
 fails to appoint an arbitrator, the arbitrator appointed by 
 the other party may proceed to hear and determine the 
 
194 Factory and Workshop Act^ 1891. 
 
 1891 Act, matter in difference, and in that case the award of the 
 Sched. 1. single arbitrator shall be final. 
 
 7. If before an award has been made any arbitrator 
 appointed by either party dies or becomes incapable to act, 
 or for seven days refuses or neglects to act, the party by 
 whom that arbitrator was appointed may appoint some 
 other person to act in his place ; and if he fails to do so 
 within seven days after notice in writing from the other 
 party for that purpose, the remaining arbitrator may pro- 
 ceed to hear and determine the matter in difference, and in 
 that case the award of the single arbitrator shall be final. 
 
 8. In either of the foregoing cases where an arbi- 
 trator is empowered to act singly, on one of the parties 
 failing to appoint, the party so failing may, before the 
 single arbitrator has actually proceeded in the arbitration, 
 appoint an arbitrator who shall then act as if no failure 
 had occuiTed. 
 
 9. If the arbitrators fail to make their award within 
 twenty-one days after the day on which the last of them 
 was appointed, or within such extended time (if any) as 
 may have been appointed for that purpose by both arbi- 
 trators under their hands, the matter in difference shall 
 be determined by the umpire appointed as hereinafter 
 mentioned. 
 
 10. The arbitrators, before they enter, on the matter re- 
 ferred to them, shall appoint by writing under their hands 
 an umpire to decide on points on which they may differ. 
 
 11. If the umpire dies or becomes incapable of acting 
 before he has made his award, or refuses to make his award 
 within a reasonable time after the matter has been brought 
 within his cognizance, the persons or person who appointed 
 such umpire shall forthwith appoint another umpire in his 
 place. 
 
 12. If the arbitrators refuse or fail, or for seven days after 
 the request of either party neglect, to appoint an umpire, 
 then on the application of either party an umpire may be 
 appointed by the chairman of the quarter sessions within 
 the jurisdiction of which the factory or workshop is situate. 
 
 13. The decision of every umpire on the matters referred 
 to him shall be final. 
 
 14. If a single arbitrator fails to make his award within 
 twenty-one days after the day on which he was appointed, 
 the party who appointed him may appoint another arbi- 
 trator to act in his place. 
 
 15. Arrangements shall, whenever practicable, be made 
 for the matters in difference being heard at the same time 
 before the arbitrators and the umpire. 
 
 16. The arbitrators and the umpire, or any of them may 
 
Repeal, 
 
 195 
 
 ■examine the parties and their witnesses on oath, and may 1891 Act, 
 also consult any counsel, engineer, or scientific person whom Sched. 1. 
 
 they may think it expedient to consult. 
 
 17. The payment, if any, to be made to any arbitrator 
 or umpire for his services shall be fixed by the Secretary of 
 State and together with the costs of the arbitration and 
 award shall be paid by the parties, or one of them, accord- 
 ing as the award may direct. Such costs may be taxed by 
 a master of the Supreme Court, or, in Scotland, by the 
 auditor of the Court of Session, and the taxing officer shall, 
 on the written application of either of the parties, ascertain, 
 and certify the proper amount thereof. The amount, if 
 any, payable by the Secretary of State shall be paid as part 
 of the expenses of inspectors under the principal Act. The 
 amount, if any, payable by the occupier of the factory or 
 workshop may in the event of non-payment be recovered in 
 the same manner as fines under the principal Act. 
 
 SECOND SCHEDULE. 
 
 Enactments Repealed. 
 
 Section 39. 
 
 Seasion and 
 Chapter. 
 
 41 & 42 Vict. 
 C.16. 
 
 Title or Short 
 Title. 
 
 The Factory and 
 Workshop Act, 
 
 1878. 
 
 Extent of BepeaL 
 
 o2 
 
 In section three, the words 
 " and a workshop," and 
 "or workshop " wherever 
 they occur. 
 
 In section five, sub-section 
 (1), the words " near to 
 which any person is 
 hable to pass or to be 
 employed." 
 
 Sections six, seven, and 
 eight. 
 
 Section fifteen, from " and " 
 at the end of sub-section 
 (1) to the end of the 
 section. 
 
 In section twenty-two, sub- 
 section (4). 
 
 In section thirty-one the 
 words " and is of such a 
 nature as to prevent the 
 person injured by it from 
 
196 
 
 1891 Act, 
 Sched. 2. 
 
 Factory and Workshop Act, 1891. 
 SECOND SCHEDULE— <?o»<i»«e^. 
 
 Session and 
 Chapter. 
 
 Title or Short 
 Title. 
 
 Extent of Repeal. 
 
 41 & 42 Vict. 
 
 The Factory and 
 
 returning to his work in 
 
 c. 16. 
 
 Workshop Act, 
 
 the factory or woikshop 
 
 
 1878. 
 
 within forty-eight hours 
 after the occurrence of 
 the accident." 
 
 In section thirty-three the 
 words " and workshop," 
 " or workshop," and " or 
 " workshops," wherever 
 they respectively occur. 
 
 Section sixty-one, from 
 » or " at the end of the 
 paragraph marked (a) 
 to the words " workshop 
 on that system." 
 
 Section sixty-nine. 
 
 Section ninety-one, from 
 " (1.) The information 
 shaUbelaid" to "com- 
 mission of the offence." 
 
 In section one hundred 
 and one, the words " or 
 workshop." 
 
 46 & 47 Vict. 
 
 The Factory and 
 
 Sections seven to twelve 
 
 C.53. 
 
 Workshop Act, 
 
 and sub-sections (2) and 
 
 
 1883. 
 
 (3) of section seventeen. 
 
 51 & 52 Vict. 
 
 The Factory and 
 
 The whole Act. 
 
 C.22. 
 
 Workshop 
 Amendment 
 Scotland (Act), 
 1888. 
 
 
 52 & 53 Vict. 
 
 The Cotton Cloth 
 
 Section twelve. 
 
 c. 62. 
 
 Factories Act, 
 1889. 
 
 
FACTORY AND WORKSHOP ACT, 1895. 
 
 58 & 59 YiCT. Cap. 37. 
 
 An Act to amend and extend the Law relating to 
 Factories and Workshops. 
 
 [6th July, 1895.] 
 
 Be it enacted .... as follows : 
 General Law relating to Factories and 
 
 WOBKSHOPS. jggg^^j^ 
 
 Sanitary Provisions and Safety, Sect 1. 
 
 1, (1.) A factory shall for the purpose of sec- crowding of 
 tion three of the principal Act, and a workshop workBhop. 
 shall for the purpose of the law relating to public 
 health, be deemed to be so overcrowded as to be 
 dangerous or injurious to the health of the persons 
 employed therein, if the number of cubic feet of 
 space in any room therein bears to the number of 
 persons employed at once in the room a proportion 
 less than two hundred and fifty, or, during any 
 period of overtime, four hundred cubic feet of 
 space to every person.(a) 
 
 (2.) Provided that the Secretary of State may, 
 by order made in accordance with section sixty- 
 five of the principal Act, modify this proportion 
 for any period during which artificial light other 
 than electric fight is employed for illuminating 
 purposes, and may by like order, as regards any 
 particular manufacturing process or handicraft, 
 
198 Factory and Workshop Act, 1895. 
 
 1895 Act, substitute for the said figures of two hundred and 
 — '- ' fifty and four hundred respectively any higher 
 figures, and thereupon this section shall have effect 
 as modified by the order, (b) 
 
 (3.) Section seventy-eight of the principal Act 
 shall be read as if there were included among the 
 notices required by that section to be afiixed a 
 notice specifying the number of persons who may 
 be employed in each room of the factory or work- 
 shop by virtue of this section. (c) 
 
 (a) This section is definitive of section 3 of the principal 
 Act as amended by section 3 of the Act of 1891. Over- 
 crowding is here defined for the first time (see p. 2, ante). 
 
 (6) New power given to Secretary of State. 
 
 (c) New notice required. For other notices required, 
 see section 78 of the principal Act (p. 98, ante). 
 
 Power to 2. (!•) A court of Summary jurisdiction may, 
 as tx) on complaint by an inspector, and on being satisfied 
 
 factory or that any place used as a factory or "workshop or as 
 part of a factory or workshop is in such a con- 
 dition that any manufacturing process or handi- 
 craft carried on therein cannot be so carried on 
 without danger to health or to life or limb, by 
 order, prohibit the place from being used for the 
 purpose of that process or handicraft, until such 
 works have been executed as are in the opinion of 
 the court necessary to remove the danger. 
 
 (2.) Provided that proceedings shall not be taken 
 under this section in cases where proceedings 
 might be taken by or at the instance of any sani- 
 tary authority under the provisions of the law 
 relating to public health, unless the inspector is 
 authorised to take proceedings in pursuance of 
 section one or section two of the Act of 1891. (a) 
 
 workshop. 
 
Dangerous Machinery. 199 
 
 (3.) If there is any contravention of an order 1895 Act, 
 under this section the occupier of the place shall — - 
 be liable to a fine not exceeding forty shillings a 
 day during such contra mention. (6) 
 
 (a) See pp. 165, 166, ante. 
 
 (6) See also section 4 as to court of summary jurisdic- 
 tion's powers to make order as to dangerous machine. The 
 powers given to the court under these two sections are new. 
 
 3. (1.) Where notice of an act, neglect, or Pf^^^^,^ 
 default is given by an inspector under section four lu'thoSy. 
 of the principal Act(a) to a sanitary authority, it 
 
 shall be the duty of the sanitary authority to in- 
 form the inspector of the proceedings taken in 
 consequence of the notice. 
 
 (2.) In section two of the Act of 1891, for the 
 words "within a reasonable time" shall be sub- 
 stituted the words " within one month." (6) 
 
 {a) See p. 4, ante. 
 (6) See p. 166, ante. 
 
 4. (1.) A court of summary jurisdiction may, Power to 
 
 1 • ^1. • ^ A X. ' /'makeorder 
 
 on complaint by an mspector, and on bemg satis- as to 
 
 n ^ ^ i • i • n dangerou3 
 
 fied that any machine used m a factory or work- machine. 
 shop is in such a condition that it cannot be used 
 without danger to life or limb, by order prohibit 
 the machine from being used, or, if it is capable of 
 repair or alteration, from being used until it is 
 duly repaired or altered. 
 
 (2.) Where a complaint has been made under 
 this section the court or a justice may, on applica- 
 tion ex parte by the inspector, and on receiving 
 evidence that the use of any such machine involves 
 imminent danger to life, make an interim order 
 prohibiting either absolutely or subject to condi- 
 
200 Factory and Workshop Act, 1891. 
 
 1895 Act, tions the use of the machine until the earliest 
 — - ' opportunity for hearing and determining the 
 complaint. 
 
 (3.) If there is any contravention of an order 
 under this section, the person entitled to control 
 the use of the machine shall be liable to a fine not 
 exceeding forty shillings a day during such con- 
 travention. 
 An entirely new provision. 
 
 Tm^ii^m^ent 5* ^^'^ ^^ ^^ iuspoctor givos noticc in writing 
 ?n ^facef ^ *^ ^^ occupicr of a factory or workshop, or to any 
 S^Sth contractor employed by any such occupier, that 
 any place in which work is carried on for the pur- 
 pose of or in connection with the business of the 
 factory or workshop is injurious or dangerous to 
 the health of the persons employed therein, then, 
 if the occupier or contractor after the expiration 
 of one month from receipt of the notice gives 
 out work to be done in that place, and the place is 
 found by the court having cognizance of the case 
 to be so injurious or dangerous, he shall be liable 
 on summary conviction to a fine not exceeding 
 ten pounds. 
 
 (2.) This section shall apply in the case of the 
 occupier of any place from which any work is 
 given out as if that place were a workshop. 
 
 (3.) Provided that this section shall not apply 
 except in the case of persons employed in such 
 classes of work, and in the case of persons giving 
 out employment and employed within such areas, 
 as may from time to time be specified by the 
 Secretary of State by order made in accordance 
 
Fencing, 201 
 
 with section sixty-five of the principal Act, and no 1895 Act, 
 such order shall be made except with respect to — - 
 an area where, by reason of the nnmber and dis- 
 tribution of the population or the conditions under 
 which work is carried on, there are special risks of 
 injury or danger to the health of the persons em- 
 ployed and of the district, (a) 
 
 {a) For enactments of 1878 and 1891 referring to employ- 
 ment, as supplemented by tMs section, see pp. 2, 173, ante. 
 
 6. If any occupier of a factory or workshop or ^SS^'''' 
 laundry or of any place from which any work is ^p^p^Sf to 
 given out, or any contractor employed by any Jfa^whSe 
 such occupier, causes or allows wearing apparel to fSious 
 be made, cleaned, or repaired in any dwelling- *^^^®^®- 
 house or building occupied therewith, whilst any 
 inmate of the dwelling-house is suffering from 
 scarlet fever or smallpox, then, unless he proves 
 
 that he was not aware of the existence of the ill- 
 ness in the dwelling-house, and could not reason- 
 ably have been expected to become aware of it, he 
 shall be hable to a fine not exceeding ten pounds. 
 
 A new provision. 
 
 7. (1.) In paragraph (1) of section five of the t^^t^t^ 
 principal Act for the words '* a steam engine and J^T^'^'to' 
 water wheel " shall be substituted the words " any ^®^°^^^- 
 water wheel or engine worked by any such power." 
 
 (2.) In paragraph (3) of the same section after 
 the word " employed," the words *' or working " 
 shall be inserted. 
 
 (3.) In paragraph (4) of the same section for 
 the words " for the purpose of any manufacturing 
 process" shall be substituted the words "except 
 
202 
 
 Factory and Workshop Act, 1895. 
 
 1895 Act, where the parts are under repair or under exami 
 
 Sect. 7. 
 
 f 
 
 1 
 
 Amendment 
 of 41 & 42 
 Vict, c, 16, 
 s. 9, as to 
 restriction 
 on cleaning 
 of machi- 
 nery in 
 motion. 
 
 Regulation 
 as to posi- 
 tion of 
 self-acting 
 machine. 
 
 nation in connection with repair, or are necessari 
 exposed for the purpose of cleaning or lubricati 
 or for altering the gearing or arrangements of the 
 parts of the machine." 
 
 See Act of 1878, s. 5 (p. 5). 
 
 8. The first paragraph of section nine of the 
 principal Act (which relates to the cleaning of 
 machinery) shall apply, so far as the dangerous 
 parts of machinery are concerned, to young persons 
 in like manner as it applies to children, and for 
 this purpose such parts of the machinery shall, 
 unless the contrary is proved, be presumed to be 
 dangerous as are so notified by an inspector to the 
 occupier of the factory. (a) 
 
 (a) This section is an extension of the provisions of the 
 9th section of the Act of 1878, for which' see p. 11, ante. 
 
 9, (1.) In a factory erected after the com- 
 mencement of this Act, the traversing carriage of 
 any self-acting machine shall not be allowed to 
 run out within a distance of eighteen inches from 
 any fixed structure not being part of the machine, 
 if the space over which it so runs out is a space 
 over which any person is liable to pass, whether in 
 the course of his employment or otherwise. 
 
 (2.) A person employed in a factory shall not 
 be allowed to be in the space between the fixed 
 and the traversing portions of a self-acting machine 
 unless the machine is stopped with the traversing 
 portion on the outward run, but for the purpose of 
 this provision the space in front of a self-acting 
 
Escape from Fire, 203 
 
 madiine shall not be included in the space afore- 1895 Act, 
 said. Seot.9. 
 
 (3.) A factory in which a traversing carriage is 
 allowed to run out in contravention of this section 
 shall be deemed not to be kept in conformity with 
 the principal Act, and any person allowed to be in 
 the space aforesaid in contravention of this section, 
 shall be deemed to be employed contrary to the 
 provisions of the principal Act. (a) 
 
 (a) A new provision as to self-acting machines supple- 
 mentary to sections 5 and 9 of the principal Act and sec- 
 tion 6 of the Act of 1891 (see pp. 5, 11, 169, ante). 
 
 10. (!•) -A. court of summary iurisdiction may, Proyisions 
 on complamt by an inspector, and on being satis- from die. 
 fied that the provision of a moveable fire escape or 
 moveable fire escapes is required for the safety of 
 any of the persons employed in a factory or work- 
 shop, by order require the occupier of the factory 
 or workshop to provide and maintain a moveable 
 fire escape or moveable fire escapes sufficient for 
 that purpose. 
 
 (2.) While any person employed in a factory or 
 workshop is within the factory or workshop for 
 the purpose of employment or meals, the doors of 
 the factory or workshop, and of any room therein 
 in which any such person is, shall not be locked or 
 bolted or fastened in such a manner that they can- 
 not be easily and immediately opened from the 
 inside. 
 
 (3.) In every factory or workshop the construc- 
 tion of which is commenced after the commence- 
 ment of this Act, the doors of each room in which 
 more persons than ten are employed, shall, except 
 
204 Factory and Workshop Act, 1895. 
 
 1 
 
 1895 Act, in the case of sliding doors, be constructed so as 
 Sect. 10. , ^ A 
 
 — to open outwards. 
 
 C4.) Sub-section one of section seven of the Act 
 of 1891 shall apply to all workshops the construc- 
 tion of which is commenced after the commence- 
 ment of this Act, and in which more than forty- 
 persons are employed, in Hke manner as it applies 
 to factories, and sub-section two of that section 
 shall apply to all workshops to which the fore- 
 going provision of this sub-section does not apply, 
 in like manner as it applies to factories. 
 
 (5.) For the purpose of enforcing the provisions 
 of section seven of the Act of 1891 with respect to 
 fire escapes, an inspector may give the like notice 
 and take the like proceedings as under section four 
 of the principal Act and section two of the Act of 
 1891, and the provisions of those sections shall 
 apply accordingly. 
 
 (6.) If there is any contravention of an order 
 under this section the occupier of the factory or 
 workshop shall be liable to a fine not exceeding 
 forty shillings a day during such contravention, 
 and a factory or workshop in which there is a con- 
 travention of the requirements of this section shall 
 be deemed not to be kept in conformity with the 
 principal Act. (a) 
 
 (a) The first three sub-sections are new. Sub-sections (4) 
 and (5) extend section 7 of the Act of 1891 (p. 169). The 
 occupier is hereby made responsible for observance of the 
 above provisions. 
 
 Provision as W^ (1.) An application to refer, under section 
 tion with seven of the Act of 1891, a difference as to a notice 
 
 respect to 
 
 flreeicapea. j^y a sanitary authoritv or by the London County 
 
Death caused hy Neglect, 205 
 
 Council must be made wifhin one month after the 1|95 Act, 
 dme -when the difference arises. — ^ 
 
 (2.) Where such a difference is referred to 
 arbitration, the notice of the sanitary authority or 
 council shall be discharged, amended, or confirmed 
 in accordance with the award in the arbitration, [a) 
 
 (a) This section provides a limit of time within which 
 an application to refer to arbitration must be made, in 
 extension of section 7 (2) of the Act of 1891 (see p. 169). 
 
 12. Where any matter in difference is referred J^®t.?J®'oJ^' 
 to arbitration under section eight of the Act of J«£^«?^^^ 
 1891, the arbitrators or umpire may, on the appli- ruieV^^"""^ 
 cation of any of the workmen employed in the 
 class of emplojrment to which the arbitration 
 relates, and on such security, if any, as may appear 
 to the arbitrators or umpire sufficient to provide 
 for the costs of and consequential on the applica- 
 tion, appoint any person to represent the work- 
 men, or any class of them, on the arbitration, and 
 any person so appointed shall be entitled to attend 
 and take part in the proceedings of the arbitration 
 either in person or by his counsel, solicitor, or 
 agent to such extent and in such manner as the 
 arbitrators or umpire may direct, and shall be 
 subject to the same liability with respect to such 
 costs as aforesaid as if he were a party to the 
 arbitration, (a) 
 
 (a) A new provision. For reference to arbitration, see 
 p. 170, ante. 
 
 13. Section eighty-two of the principal Act, S""!!* 4? 
 which provides penal compensation to persons in- ^S,'to ^^' 
 jured by neglect to fence maohinery, shall extend Jfju^^^ 
 
206 Factory and Workshop Act, 1895. 
 
 1895 Act, to any death or "bodily injury or injury to health 
 
 — ^ ' in consequence of the occupier of a factory or 
 
 neglect of workshop having neglected to observe any pro- 
 
 speciai vision of the Factory Acts or any special rule or 
 
 rules. 
 
 requirement made in pursuance of the Act of 1891. 
 Provided that in the case of injury to health the 
 occupier shall not be liable under this section 
 unless the injury was caused directly by such 
 neglect, (a) 
 (a) See Act of 1878, s. 82 (p. 102). 
 
 Employment, 
 
 ?/SSSiSe 1^' ("^'^ ^ yo^^g person shall not be employed 
 employ- overtime in pursuance of section fifty-three of the 
 
 ment. ^ ^ •' 
 
 principal Act. 
 
 (2.) A woman shall not be employed overtime 
 in pursuance of section fifty-three of the principal 
 Act for more than three days in any one week or 
 for more than thirty days in any twelve months, 
 and shall not be employed overtime in pursuance 
 of section fifty-six of the principal Act for more 
 than sixty days in any twelve months ; and, 
 accordingly, in section fifty-three the words " three 
 days," and '' thirty days," shall be substituted for 
 the words " five days," and " forty-eight days," 
 and in section fifty-six the words *' sixty days " 
 shall be substituted for the words "ninety-six 
 days." 
 
 (3.) Section fifty-eight of the principal Act 
 shall, from and after the first day of January one 
 thousand eight hundred and ninety-seven, apply 
 only to male young persons of fourteen years of 
 
Employment, 207 
 
 :ige or upwards, and the powers of the Secretary 1895 Act, 
 of State under section sixty-three of the principal —L ' 
 Act shall extend to making orders as to the total 
 aumber of hours of employment in each week, the 
 periods of employment, and. the intervals between 
 such periods, which are to be conditions of the 
 employment of young persons at night, and to 
 rescinding such orders. 
 
 (4.) Section fifty-eight of the principal Act 
 shall not authorise in any factory specified in Part 
 Six of the Third Schedule to the principal Act the 
 employment during the night of young persons in 
 any process other than a process incidental to the 
 business of the factory as described in Part One of 
 the Fourth Schedule to that Act. 
 
 (5.) A young person shall not, in pursuance of 
 section fifty-nine of the principal Act, be employed 
 more than twelve hours continuously. 
 
 (6.) Section sixty of the principal Act shall, 
 from and after the first day of January one 
 thousand eight hundred and ninety-seven, apply 
 only to male young persons of fourteen years of 
 age and upwards, and nothing in that section shall 
 be construed as authorising the employment of any 
 person on Sunday. 
 
 (7.) For paragraph (4) of the said section sixty 
 shall be substituted the following sub- section : — 
 
 " (4.) Such young person shall not be employed 
 continuously for more than ^yq hours 
 without an interval of at least half an 
 hour for a meal." 
 
 (8.) Nothing in the Factory Acts shall be con- 
 strued as authorising work during overtime on 
 
208 Factory and Workshop Act, 1895. 
 
 1895 Act, Saturday, or on any day substituted for Saturday 
 ll. * as a half holiday, but work in accordance with sec- 
 tion fifty of the principal Act shall not be deemed 
 work during overtime.(a) 
 
 (a) For the effect of this section, see sections 53, 58, 59, 
 and 60 of the Act of 1878 (pp. 67, 73—75, ante), in conjunc- 
 tion with which it should be read. It will be seen that con- 
 siderable restrictions are placed upon overtime employment 
 by this new enactment. 
 
 Sfrenf °' 15. Section seventy-seven of the principal Act, 
 ?omp^sOTy which requires registers to be kept of children 
 workshops, and young persons, shall apply to all workshops 
 
 to which section fifty-three of the principal Act 
 
 applies. 
 
 This will ensure the occupier taking proper steps to pre- 
 vent the employment of young persons overtime. 
 
 Restrictions \Q^ (^1.) A child shall uot, except during the 
 Sfd oStide P^^io^ ^f employment, be employed in the business 
 woSo*^^ of a factory or workshop outside the factory or 
 on the same workshop on any day during which the child is 
 employed in the factory or workshop. 
 
 (2.) A young person or woman shall not, except 
 during the period of employment, be employed in 
 the business of a factory or workshop outside the 
 factory or workshop on any day during which the 
 young person or woman is employed in the factory 
 or workshop both before and after the dinner hour. 
 
 (3.) For the purposes of this section a child, 
 young person, or woman to or for whom any work 
 is given out, or who is allowed to take out any 
 work to be done by him or her outside a factory 
 or workshop, shall be deemed to be employed out- 
 
Holidays, 209* 
 
 side the factory or workshop on the day on which 1895 Act, 
 
 XI, 1 • • > ^ > Sect. 16. 
 the work is so given or taken out. 
 
 (4.) If a young person or woman is employed 
 by the same employer on the same day both in a 
 factory or workshop and in a shop, the whole 
 period of employment of that young person or 
 woman shall not exceed the number of hours per- 
 mitted by the Factory Acts for his or her employ- 
 ment in the factory or workshop. 
 
 (5.) The principal Act shall apply as if any 
 child, young person, or woman employed in con- 
 travention of this section were employed in a 
 factory or workshop contrary to the provisions of 
 that Act. 
 
 (6.) Where it is proved to the satisfaction of 
 
 the Secretary of State that the customs or 
 
 exigencies of the trade carried on in any class of 
 
 factories or workshops, or parts thereof, either 
 
 generally or situate in any particular locaHty, 
 
 require that such trade should be exempted from 
 
 the operation of this section, he may by order 
 
 grant to such class of factories or workshops, or 
 
 parts thereof, such special exemption as may be 
 
 necessary, (a) 
 
 (a) This section is new. For its effect on previous 
 enactments, see sections 11 — 14 of tlie Act of 1878 (pp. 12 
 — 17). It practically deals with fetching or taking out 
 work, and errands generally, and also with work at home. 
 
 Holidays, 
 17. Subject to and in the absence of any notice '^^y^ to^e 
 
 * • • «^ ^ *' ^ observed as 
 
 affixed and forwarded as provided by the principal En*?andand 
 Act and the Act of 1891, and substituting for any ^^^®^ 
 holiday hereinafter mentioned another holiday or 
 p 
 
210 Factoi^y and Workshop Act, 1895. 
 
 1895 Act- two half holidays, the holidays to he observed in 
 -^ a factory or workshop in England and Wales in 
 pursuance of paragraphs (1) and (2) of section 
 twenty-two of the principal Act shall he the whole 
 of Christmas Day and of Good Friday, and of 
 every hank holiday, and, unless any other holidays 
 or half holidays are so substituted, (a) it shall not 
 be necessary to aflix in the factory or workshop 
 any notice of the hoHdays or half holidays to be 
 observed, or to forward a copy of any such notice 
 to the inspector of the district. 
 
 {a) i.e., under ss. 22 and 50 of the principal Act (see 
 pp. 27 and 64, ante, and notes thereto). 
 
 Accidents, 
 
 Notices of j^g^ For scction thirty-one of the principal Act 
 the following section shall be substituted, namely, — 
 (1.) Where there occurs in a factory or work- 
 shop any accident which either — 
 
 (a.) Causes loss of life to a person 
 employed in the factory or in 
 the workshop ; or 
 (h.) Causes to any person employed in 
 the factory or workshop such 
 bodily injury as to prevent him 
 on any one of the three work- 
 ing days next after the occur- 
 rence of the accident, from 
 being employed for five hours 
 on his ordinary work, 
 written notice shall forthwith be sent to 
 the inspector for the district. 
 
Accidents, 211 
 
 (2.) If the accident causes loss of life, or is pro- 1895 Act, 
 duced either by machinery moved by ®^^°' 
 steam, water, or other mechanical power, 
 or through a vat, pan, or other structure 
 filled with hot liquid or molten metal or 
 other substance, or by explosion or 
 escape of gas, steam, or metal, then, 
 unless notice thereof is required by sec- 
 tion sixty-three of the Explosives Act Jf it.^^ ^^'^• 
 1875, to be sent to a Government in- 
 spector, notice thereof shall forthwith be 
 sent to the certifying surgeon of the 
 district. 
 
 (3.) The notice shall state the residence of the 
 person killed or injured, and the place to 
 which he has been removed. 
 
 {4.) " If any notice required by this section to be 
 sent with respect to an accident in a 
 factory or workshop is not so sent, the 
 occupier of the factory or workshop shall 
 be liable to a fine not exceeding five 
 pounds. 
 
 (5.) If any accident to which this section 
 applies occurs to a person employed in 
 an iron mill or blast furnace, or other 
 factory or workshop, where the occupier 
 is not the actual employer of the person 
 killed or injured, the actual employer 
 shall immediately report the same to the 
 occupier, and in default shall be liable to 
 a fine not exceeding five pounds. 
 
 (6.) This section shall extend to workshops con- 
 ducted on the system of not employing 
 p2 
 
212 Factory and Workshop Act, 1895. 
 
 1895 Act, any child, young person, or woman 
 
 S®5L^^- tlierem.(a) 
 
 C<i) See notes to section 31 of the Act of 1878 (p. 43), 
 and, in connection herewith, section 29 of this Act (p. 224). 
 The words " ordinary work " at the end of sub-section (1) 
 par. (6) should be specially noted. See also Appendix, 
 p. 263, post 
 
 Inquests. jg^ Where a death has occurred by accident in 
 any factory or workshop, the coroner shall adjourn 
 the inquest, unless the inspector or some person on 
 behalf of a Secretary of State is present to watch 
 the proceedings, and shall at least four days be- 
 fore holding the adjourned inquest send to the 
 inspector notice in writing of the time and place 
 of holding the adjourned inquest. 
 
 Provided that if the accident has not occasioned 
 the death of more than one person, and the coroner 
 has sent to the inspector notice of the time and 
 place of holding the inquest at such time as to 
 reach the inspector not less than twenty-four 
 hours before the time of holding the same, it shall 
 not be imperative on him to adjourn the inquest 
 in pursuance of this section if the majority of the 
 jury think it unnecessary so to adjourn. 
 
 This section is supplementary to sub-section 3 of section 
 22 of the Act of 1891, and should be read in conjunction 
 with it (see p. 182, ante). 
 
 Register of gQ. (!•) Evcry occupier of a factory or work- 
 shop shall keep a register of accidents, and shall 
 enter therein every accident occurring in the 
 factory or workshop of which notice is required 
 by the Factory Acts within one week after the 
 
Accidents. 213 
 
 occurrence of the accident, and this register shall 1895 Act, 
 
 Sect 20 
 ^)e at all times open to inspection by the inspector — L ' 
 
 und by the certifying surgeon for the district. 
 
 (2.) If any occupier of a factory or workshop 
 nakes default in complying with the requirements 
 of this section, he shall be liable on summary con- 
 vdction to a fine not exceeding ten pounds. 
 
 This section is supplementary to section 32 of the Act of 
 1878, and section 22 (2) of the Act of 1891 (see pp. 44, 182, 
 avUe). 
 
 As to registers, see also section 77 of the Act of 1878 
 (p. 97, ante). 
 
 21. (1.) Where it appears to the Secretary oi\^'^^ 
 State that a formal investigation of any accident vSgatlon. 
 occurring in a factory or workshop and its causes 
 and circumstances is expedient, the Secretary of 
 State may direct that such an investigation be 
 held, and with respect to any such investigation 
 the provisions of sections forty-five and forty-six 
 of the Coal Mines Eegulation Act, 1887, shall ^ 58.^^ ^ 
 have effect, except that references to the said Act 
 in the said section forty-five shall be construed as 
 references to the Factory Acts. 
 
 (2.) This section shall extend to workshops con- 
 ducted on the system of not employing any child, 
 young person, or woman therein. 
 
 This section also supplements the regulations of the 
 previous Acts with regard to accidents. 
 
214 Factory and Workshop Act, 1895. 
 
 1895 Act, 
 
 Sect22. Special Rules and Requirements. 
 
 Laundries, 
 otwe^^ 22. (!•) In any laundry carried on by way of 
 laundries, trade, or for purpose of gain, the following pro- 
 visions shall apply : — 
 
 (i.) The period of employment, exclusive of meal 
 hours and absence from work, shall not 
 exceed, for children, ten hours, for young 
 persons, twelve hours, for women, four- 
 teen hours, in any consecutive twenty- 
 four hours ; nor a total for children of 
 thirty hours, for young persons and 
 women of sixty hours, in any one week, in 
 addition to such overtime as may be 
 allowed in the case of women, 
 (ii.) A child or young person or woman shall 
 not be employed continuously for more 
 than five hours without an interval of at 
 least half an hour for a meal, 
 (iii.) Children, young persons, and women em- 
 ployed in laundries shall have allowed 
 to them the same holidays as are allowed 
 to children, young persons, and women 
 employed in a factory or workshop under 
 the Factories and Workshops Acts, 1878 
 to 1895. 
 (iv.) So far as regards sanitary provisions, 
 safety, accidents, the affixing of notices 
 and abstracts, and the matters to be 
 specified in such notices (so far as they 
 apply to laundries), notice of occupation 
 of a factory or workshop, powers of 
 
Laundries, 215 
 
 inspectors, fines, and legal proceedings 1895 Adi 
 for any failure to comply with the pro- — ^ 
 visions of this section, and education of 
 children, the Factory Acts shall have 
 eflPect as if every laundry in which steam, 
 water, or other mechanical power is used 
 in aid of the laundry process were a 
 factory, and every other laundry were a 
 workshop ; and as if every occupier of a 
 laundry were the occupier of a factory or 
 of a workshop. 
 
 (v.) The notice to be aflfixed in each laundry 
 shall specify the period of employment 
 and the times for meals, hut the period 
 and times so specified may be varied 
 before the beginning of employment on 
 any day. 
 
 (vi.) Sections seventeen and eighteen of the 
 Act of 1891 shall apply to laundries in 
 hke manner as to factories or workshops. 
 
 (2.) In the case of every laundry worked by 
 steam, water, or other mechanical power — 
 
 (a.) A fan or other means of a proper construc- 
 tion shall be provided, maintained, and 
 used for regulating the temperature in 
 every ironing-room, and for carrying 
 away the steam in every washhouse in 
 the laundry ; and 
 
 (6.) All stoves for heating irons shall be suffi- 
 ciently separated from any ironing room, 
 and gas irons emitting any noxious 
 fumes shall not be used ; and 
 
 (c.) The floors shall be kept in good condition 
 
216 Factory and Worhsliop Act, 1895. 
 
 1895 Act, and drained in such manner as will allow 
 
 — ^ ' the water to flow off freely. 
 
 A laundry in which these provisions are con- 
 travened shall he deemed to be a factory not kept 
 m conformity with the principal Act. 
 
 (3.) Nothing in this section shall apply to any 
 laundry in which the only persons employed are — 
 (a.) Inmates of any prison, reformatory, or in- 
 dustrial school, or other institution for 
 the time being subject to inspection under 
 any Act other than the Factory Acts ; or 
 (J.) Inmates of an institution conducted in good 
 faith for religious or charitable purposes ; 
 or 
 (c.) Members of the same family dwelling there, 
 or in which not more than two persons dwelling 
 elsewhere are employed. 
 
 (4.) Women employed in laundries may work 
 overtime, subject to the following conditions : — 
 (a.) No woman shall work more than fourteen 
 
 hours in any day. 
 (5.) The overtime worked shall not exceed two 
 
 hours in any day. 
 (c.) Overtime shall not be worked on more than 
 three days in any week or more than 
 thirty days in any year. 
 {d.) The requirements of section sixty-six of 
 the principal Act and of section fourteen 
 of the Act of 1891 with respect to notices 
 shall be observed. 
 
 This section is almost entirely new. Formerly laundries, 
 except those in which new goods were " got up," only came 
 within the scope of the Factory Acts as far as regards sani- 
 
Docks ^ ^G. 217 
 
 tary provisions (under the Act of 1891), but now they are 1895 Act, 
 either factories or workshops, as the case may be, and as Sect. 22. 
 such come under the operation of the Factory Acts for 
 almost all purposes. It should be noticed, however, that 
 by the above section they have special regulations of their 
 own as to employment and meal times ; as to notices speci- 
 fying the same ; as to ventilation and drainage of the 
 floors, and as to overtime. It will also be observed that 
 the provisions as to cessation of work on Saturday after- 
 noons do not apply under this section. 
 
 Docks, ^c, 
 
 23. (1-) The following provisions, namely : — doS&?*^** 
 (i.) Section eighty-two of the principal Act ;(a) prtSJifJ 
 (ii.) The provisions of the Factory Acts with f^Sf ^^"^ 
 
 respect to accidents ;(6) 
 (iii.) Section sixty-eight of the principal 
 
 Act with respect to the powers of 
 
 inspectors ;(c) 
 (iv.) Sections eight to twelve of the Act of 1891 
 
 with respect to special rules for dangerous 
 
 employments \{d) and 
 (v.) The provisions of this Act with respect to 
 
 the power to make orders as to dangerous 
 
 machines(^) 
 shall have effect as if — 
 
 (a.) Every dock, wharf, quay, and warehouse, 
 
 and, so far as relates to the process of 
 
 loading or unloading therefrom or 
 
 thereto, all machinery and plant used in 
 
 that process ; and 
 (6.) Any premises on which machinery worked 
 
 by steam, water, or other mechanical 
 
 power, is temporarily used for the purpose 
 
 of the construction of a building or any 
 
 structural work in connection with a 
 
 building. 
 
218 Factory and Workshop Act, 1895. 
 
 ^9^ Act, were included in tte word factory, and the purpose 
 — ' for which the machinery is used were a manufac- 
 turing process, and as if the person who by him- 
 self, his agents, or workmen temporarily uses any 
 such machinery for the before-mentioned purpose 
 were the occupier of the said premises ; and for 
 the purpose of the enforcement of those sections 
 the person having the actual use or occupation of 
 a dock, wharf, quay, or warehouse, or of any 
 premises within the same or forming part thereof, 
 and the person so using any such machinery, shall 
 be deemed to be the occupier of a factory. 
 
 (2.) The provisions of this Act with respect to 
 notice of accidents and the formal investigation of 
 accidents ( /) shall have effect as if — 
 
 (a.) Any building which exceeds thirty feet in 
 height, and which is being constructed 
 or repaired by means of a scaffolding ; 
 and 
 (6.) Any building which exceeds thirty feet in 
 height, and in which more than twenty 
 persons, not being domestic servants, are 
 employed for wages ; 
 were included in the word " factory," and as if, in 
 the first case, the employer of the persons engaged 
 in such construction or repair, and, in the second 
 case, the occupier of the building, were the 
 occupier of a factory. 
 
 (a) i.e., penal compensation to persons injured by want 
 of fencing to machinery (see p. 102, ante). 
 
 (h) i.e., section 31 of the principal Act (p. 42), sec- 
 tion 22 (3) of the Act of 1891 (p. 182), and sections 18—21 
 of this Act (pp. 210—13). 
 
 (c) See p. 87, aiite. 
 
Tenement Factories, 219 
 
 {d) See pp. 173—77, ante. 1895 Act, 
 
 (e) i.e., section 4 (see p. 199, ante). Sect. 23. 
 
 If) Sections 18 and 21 (see pp. 210, 213, ante). 
 
 This section is an important extension of some of the 
 provisions of the Factory Acts to docks, quays, warehouses, 
 &c., and of the provisions of this Act with respect to 
 accidents on buildings exceeding 30 feet in height in which 
 more than 20 persons are employed or against which 
 scaffolding is erected. The last two provisions (in sub- 
 section (2) above) are taken from the Notice of Accidents 
 Act, 1894. 
 
 Tenement Factories, 
 
 24. (1.) Where mechanical power is supplied ^?Swne?o° 
 to different parts of the same building occupied by 2ctOT?for 
 different persons for the purpose of any manufac- for certain 
 turing process or handicraft in such manner that ^"^p*'^^^- 
 those parts constitute in law separate factories, the 
 owner (whether or not he is one of the persons so 
 in occupation) of the building (which building is 
 hereafter in this Act referred to as a tenement 
 factory) shall, instead of the occupier, be liable 
 for the observance, and punishable for non- 
 observance, of the following provisions, namely : 
 (a.) Section three of the principal Act, with 
 respect to the sanitary condition of a 
 factory ;(a) and 
 (b,) Sections five (6) and eighty-two (c) of the 
 principal Act, with respect to the fencing 
 of machinery in a factory, except so far 
 as those sections relate to such parts of 
 the machinery as are supplied by the 
 occupier ; and 
 (e.) Save as hereinafter provided, (^) section 
 nineteen(^) of the principal Act, with 
 respect to the notices to be affixed in a 
 
220 Factoi^ and Workshop Act, 1895. 
 
 S^e^t.^4^ factory, and the matters to be specified 
 
 — therein ; and 
 
 (d.) Section thirty-three(/) of the principal 
 
 Act, with respect to the limewashing and 
 
 washing of the interior of a factory, so 
 
 far as it relates to any engine house, 
 
 passage, or staircase, or to any room 
 
 which is let to more than one tenant ; and 
 
 (e.) Section thirty-six (^) of the principal Act, 
 
 with respect to the removal of dust, so 
 
 far as that section requires the supply of 
 
 pipes or other contrivances necessary for 
 
 working the fan or other means for that 
 
 purpose, and except in textile factories ; 
 
 and 
 
 (/.) Section seventy-eight (A) of the principal 
 
 Act with respect to the aflfixing of an 
 
 abstract and notices. 
 
 (2.) Where different industries are carried on 
 
 in the same tenement factory, the obhgation to 
 
 affix the notice required by section nineteen (^) of 
 
 the principal Act shall be on the occupier and not 
 
 on the owner. 
 
 (3.) Sections eight to eleven (?) of the Act of 
 1891, shall, if and as far as in the case of a tene- 
 ment factory the Secretary of State by order so 
 directs, apply as if the owner of the factory were 
 substituted for the occupier. 
 
 (4.) The provisions of this Act with respect to 
 the power to make orders in the case of dangerous 
 premises (^) shall apply in the case of a tenement 
 factory as if the owner were substituted for the 
 occupier. 
 
Tenement Factories, 221 
 
 C5.) Where, by or under this section, the owner 1895 Act. 
 . . Sect. 24. 
 
 of a tenement factory is substituted for the occu- -^ 
 
 pier with respect to any provisions of the Factory 
 
 Acts, any summons, notice, or proceeding, which 
 
 for the purpose of any of those provisions is by the 
 
 said Acts or any of them authorised or required to 
 
 be served on or taken in relation to the occupier, 
 
 is hereby authorised or required (as the case may 
 
 be) to be served on or taken in relation to the 
 
 owner. 
 
 (6.) For the purpose of the provisions of this 
 Act with respect to tenement factories all buildings 
 situate within the same close or curtilage shall be 
 treated as one building. 
 
 (7.) This section shall not apply in the case of 
 any occupier paying a rent in excess of two 
 hundred pounds a year. 
 
 {a) See p. 3, ante. 
 
 (6) See p. 5, ante. 
 
 (c) See p. 82, ante. 
 
 {d) See sub-section (2), of this section. 
 
 (e) See p. 25, ante. 
 
 (/) See p. 46, ante. 
 
 (g) See p. 51, ante. 
 
 Oh) See p. 98, ante. 
 
 (i) See pp. 173—77, ante. 
 
 (k) See section 2, p. 198, ante. 
 
 The effect of this section is to place tenement factories 
 for certain purposes in a class by themselves, or, in other 
 words, to create a distinction in law as well as in fact 
 between tenement factories and others. Formerly, as 
 regards the occupier of a factory, his duties and liabilities 
 were the same whether his factory stood by itself or formed 
 one of several factories grouped together within one build- 
 ing or within the same close or curtilage for the purpose of 
 sharing in a common supply of mechanical power. Now, 
 if his factory is one of the latter class, he is, provided his 
 rent does not exceed 2001. a year, exempt from certain lia- 
 bilities imposed upon occupiers by the various provisions 
 above enumerated which are transferred to the owner of 
 the whole tenement. Additional liabilities are imposed 
 upon owners of tenement factories by the next section (g;. v.) 
 
222 Factory and Workshop Act, 1895. 
 
 1895 Act, 25. (1-) Where grinding is carried on in a 
 Sect^25. tenement factory, the owner of the factory shall be 
 S'SgJind- responsible for the observance of the regulations 
 EtieJV^in set forth in the First Schedule to this Act.(a) 
 
 tenement . i n i 
 
 factory. (2.) In every such tenement factory it shall be 
 
 the duty of the owner and of the occupier of the 
 factory respectively to see that such parts of the 
 horsing chains and of the hooks to which the 
 chains are attached as are supplied by them 
 respectively are kept in efficient condition. 
 
 (3.) In every tenement factory where grinding 
 or cutlery is carried on the owner of the factory 
 shall provide that there shall at all times be 
 instantaneous communication between each of the 
 rooms in which the work is carried on and both 
 the engine-room and the boiler-house. 
 
 (4.) A tenement factory in which there is any 
 contravention of this section shall be deemed not 
 to be kept in conformity with the principal Act, 
 but for the purposes of any proceeding in respect 
 of a provision for the observance of which the 
 owner of the factory is responsible, that owner 
 shall be substituted for the occupier of the 
 factory. (6) 
 
 (5.) This section shall not apply to a textile 
 factory. 
 
 (a) See p. 240, jpost. 
 
 (6) See notes to section 24, above. 
 
 Validity of 
 
 oertiflcateof go. A Certificate of the fitness of any young 
 Jljement per SOU or child for employment in a tenement 
 
Special Bestrictions as to Employment, 223 
 
 factory shall be valid for his similar employment 1895 Act, 
 in any part of the same tenement factory. .J. 
 
 Tills obviates the necessity for each individual occupier 
 to obtain a fresh certificate for the same young person. 
 
 Bakehouses, 
 27. (1.) Sections thirty-four and thirty-five(a) Ir^^^^l 
 
 of the principal Act shall apply to every bake- 
 house, and so much of those sections as limits the 
 operation thereof to cities, towns, and places 
 having a population of more than five thousand 
 persons shall be repealed. 
 
 (2.) In section fifteen of the Factory and Work- ftif^^""^' 
 shop Act, 1883, the words *^ which was not so let or 
 occupied before the first day of June, one thousand 
 eight hundred and eighty-three," shall be repealed. 
 
 (3.) A place underground shall not be used as a 
 bakehouse unless it is so used at the commence- 
 ment of this Act, and if any place is so used in 
 contravention of this Act it shall be deemed to be 
 a workshop not kept in conformity with the 
 principal Act. 
 
 (a) Ante, p. 50. The operation of sections 34 and 35 
 of the principal Act are, therefore, now made to extend to 
 all cities, towns, and places alike, no matter their size. 
 They contain special provisions applicable to bakehouses 
 for cleansing and painting, and also as to sleeping places. 
 Further, by sub-section (3) above, underground bakehouses 
 except those in existence at the commencement of this Act 
 (ie., January 1, 1896) are prohibited. 
 
 Special Restrictions as to Employment, 
 
 28. (1.) Section eight of the Act of 1891 shall P^wer. 
 
 to 
 prohibit or 
 
 extend to authorise the making of special rules or JJo^SSnTin 
 requirements prohibiting the employment of, or ^^d?^^"^ 
 
224 Factory and Worksliop Act, 1895. 
 
 1895 Act, modifying or limiting the period of employment 
 — ^ ' for, all or any classes of persons in any process or 
 particular description of manual labour which is 
 certified by the Secretary of State in pursuance of 
 that section to be dangerous or injurious to health, 
 or dangerous to life or limb, (a) Provided that 
 any special rules or requirements under this sec- 
 tion which relate to the employment or period of 
 employment of adult workers shall be laid for forty 
 days before both Houses of Parliament before 
 coming into operation. 
 
 (2.) Sections eight to twelve of the Act of 1891 
 are hereby declared to extend to workshops con- 
 ducted on the system of not employing any child, 
 young person, or woman therein. (6) 
 
 (a) This is a new power given to chief inspectors. Under 
 section 8 of the Act of 1891 (see p. 173) a chief inspector 
 could require the adoption of such measures as he might 
 think fit in the case of dangerous trades', but his require- 
 ments were subject to a notice of objection on the part of 
 the occupier which might subsequently be sustained upon 
 reference to arbitration. Now a chief inspector may make ' 
 rules as to employment which become binding there and 
 then, except in the case of rules as to the employment of 
 adults. 
 
 (6) See pp. 173 — 77, ante. The words in the sections are 
 " any factory or workshop," and these words in those sec- 
 tions are now definitely declared to include workshops 
 conducted on the system of not employing children, young 
 persons, and women. 
 
 Special Provisions for Health, 
 
 Notification 29. (!•) Evcry medical practitioner attending 
 
 disSes to on or called in to visit a patient whom he believes 
 
 Inspector, to be suffering from lead, phosphorus, or arsenical 
 
 poisoning, or anthrax, contracted in any factory or 
 
 workshop, shall (unless the notice required by this 
 
Special Provisions for Health. 225 
 
 section has been previously sent) send to the Chief 1895 Act, 
 Inspector of Factories at the Home Office, London, —1 
 a notice stating the name and full postal address 
 of the patient and the disease from which in the 
 opinion of the medical practitioner the patient is 
 suffering, and shall be entitled in respect of every 
 notice sent in pursuance of this section to a fee of 
 two shillings and sixpence to be paid as part of the 
 expenses incurred by the Secretary of State in 
 the execution of the principal Act. 
 
 (2.) If any medical practitioner, when required 
 by this section to send a notice, fails forthwith to 
 send the same, he shall be liable to a fine not 
 exceeding forty shillings. 
 
 (3.) Written notice of every case of lead, 
 phosphorus, or arsenical poisoning, or anthrax, 
 occurring in a factory or workshop, shall forthwith 
 be sent to the inspector and to the certifying 
 surgeon for the district ; and the provisions of the 
 Factory Acts with respect to accidents shall apply 
 to any such case in like manner as to any such 
 accident as is in those sections mentioned, (a) 
 
 (4.) The Secretary of State may by order made 
 in accordance with section sixty-five of the prin- 
 cipal Act apply the provisions of this section to 
 any other disease occurring in a factory or work- 
 shop, and thereupon this section and the provisions 
 referred to therein shall apply accordingly. 
 
 (a) See previous provisions as to reporting accidents 
 (p. 210, ante). 
 
 This is an entirely a new provision. It should be noted 
 that the Secretary of State is empowered to apply it by 
 order to any disease occurring in a factory or workshop. 
 
 Q 
 
226 Factory and Workshop Act, 1895. 
 
 1895 Act, 30. (1.) In every factory or workshop where 
 — ^ ' lead, arsenic, or any other poisonous substance is 
 
 Lavatories i ., n i . . i ii i 
 
 In dangerous uscd, Suitable wasning conveniences snail be pro- 
 vided for the use of the persons employed m any 
 department where such substances are used. 
 
 (2.) A factory or workshop in which there is a 
 contravention of this section shall be deemed not 
 to be kept in conformity with the principal Act. 
 
 This applies to industries for which special rules have 
 not hitherto been framed. 
 
 Provisions 31 (1.) The Cotton Cloth Factories Act, 
 
 as to humid v-^-*-* \ ■' » 
 
 5r&53Vict l^^^j(^) s^^^l ^PPty *^ every textile factory in 
 C.62. which atmospheric humidity is artificially pro- 
 
 duced by steaming or other mechanical appliances, 
 and which is not for the time being subject to 
 special rules under section eight of the Act of 
 1891,(6) with such modifications of the schedule 
 with respect to the maximum limits of humidity 
 as the Secretary of State by order made in accord- 
 ance with section sixty-five of the principal Act 
 may direct. 
 
 (2.) In section nine of the Cotton Cloth Fac- 
 tories Act, 1889, the words "and the arrangements 
 for such ventilation shall be kept in operation 
 subject, as far as possible, to the control of the 
 persons employed therein,"(c) shall be repealed. 
 
 (a) For the Cotton Cloth Factories Act, 1889, see p. 243. 
 
 (6) Which can only be applied in the case of trades 
 certified by the Secretary 01 State to be dangerous or 
 injurious to health. 
 
 (c) See p. 247, post. 
 
 7ure to'^ 32. (1-) III every factory and workshop ade- 
 ^J^^op^^ quate measures shall be taken for securing and 
 
Miscellaneous Amendments, 227 
 
 maintaining a reasonable temperature in each 1895 Act, 
 
 . if. , ' ^ A Sect. 32. 
 
 room m which any person is employed. — 
 
 (2.) A factory or workshop in which there is a 
 
 <X)ntravention of this section shall be deemed not 
 
 to be kept in conformity with the principal Act. 
 
 This is supplementary to previous sanitary provisions. 
 
 33. Section thirty-six of the principal Act (a) mSiTof 
 shall extend to any factory or workshop where any c!i6,*s^ sef^* 
 process is carried on by which any gas, vapour, or of lanl^^ 
 other impurity is generated and inhaled by the 
 workers to an injurious extent. 
 
 (a) See p. 51, ante. Formerly an inspector had only 
 power to direct that fans should be provided where grind- 
 ing, glazing, polishing on a wheel, or any process by which 
 dust is generated and inhaled, is carried on. 
 
 Miscellaneous Amendments. 
 
 34. The occupier of every factory and work- ^t„J^J ^^ 
 shop shall on or before the jBrst day of March in Kfoyed. 
 every year send to the inspector of the district on 
 behalf of the Secretary of State a correct return 
 specifying, with respect to the year ending on the 
 preceding thirty-first day of December, the number 
 of persons employed in the factory or workshop, 
 with such particulars as to the age and sex of the 
 persons employed as the Secretary of State may 
 direct, and in default of complying with this sec- 
 tion shall be liable to a fine not exceeding ten 
 pounds. 
 
 A new provision towards ensuring a correct return of 
 places subject to the provisions of these Acts. Many 
 previous returns have been made, but, owing to their volun- 
 tary nature, were lacking in accuracy as to totals. 
 
 q2 
 
228 Factory and Workshop Act, 1895. 
 
 1895 Act, 35. (1-) III every place where section twenty-two 
 
 — ^ ' ofthe Public Health Acts Amendment Act, 1890, (a) 
 
 cenveni- is not in forcc every factory or workshop shall be 
 
 ences.1 »/ >/ x 
 
 63&54 provided with sufficient and suitable accommoda- 
 
 Vict c. 59. \ . P . 
 
 tion in the way of sanitary conveniences, having 
 regard to the number of persons employed in or in 
 attendance at the factory or workshop, and also 
 where persons of both sexes are employed or 
 intended to be employed, or in attendance, with 
 proper separate accommodation for persons of 
 each sex. 
 
 (2.) A factory or workshop in which there is a 
 contravention of this section shall be deemed not 
 to be kept in conformity with the principal Act. 
 
 (a) See p. 286, 'post. 
 
 By section 38 of the PubHc Health Act, 1875 (see fosty 
 p. 285), which is enforceable by the local authority wher- 
 ever section 22 of the Act of 1890 is not -adopted, the local 
 authority may, if they think fit, enforce similar provisions 
 to the above in " any house used or intended to he, used as 
 a factory or building in which persons of both sexes are 
 employed or intended to be employed at one time in any 
 trade," &c. This gives the requisite powers to local autho- 
 rities in cases in which inspectors under the Factory Acts 
 cannot interfere. See further the notes to section 3 of the 
 principal Act {ante, p. 2). This provision exists in the 
 Public Health (London) Act, 1891, s. 38. 
 
 ^mendment gg^ (1.) In the regulation numbered (1) in 
 Vict. c. 16, section thirteen of the principal Act, after the 
 em?aOT? °^ words " end at seven o'clock in the evening," shall 
 ment. be inserted the WO rds ''or begin at eight o'clock 
 
 in the morning and end at eight o'clock in the 
 
 evening." 
 
 (2.) In the regulation numbered (2) in the 
 
 same section, after the words " two o'clock in the 
 
 afternoon," shall be inserted the words " or when 
 
Miscellaneous Amendments, 229 
 
 it begins at seven o'clock in tlie morninff, at three 1895 Act^ 
 o'clock in the afternoon, or begin at eight o'clock _L ' 
 in the morning and end at four o'clock in the 
 afternoon." 
 
 (3.) If in a non-textile factory or workshop the 
 period of employment of young persons and women 
 is from eight o'clock in the morning to eight o'clock 
 in the evening, then, subject to the provisions of 
 section fourteen of the principal Act, the period of 
 employment of a child in a morning set may 
 begin at eight o'clock in the morning, and in 
 an afternoon set may end at eight o'clock in the 
 evening, or on Saturday at four o'clock in the 
 afternoon, and the period of employment of a 
 child employed on the alternate day system may 
 begin at eight o'clock in the morning, and end at 
 eight o'clock in the evening, or on Saturday at 
 four o'clock in the afternoon. 
 
 This section amends and amplifies the provisions of 
 sections 13 and 14 of the principal Act, and should be read 
 in connection therewith(see pp. 16 — 19, ante). The combined 
 effect of the sections so read is that young persons and 
 women in non-textile factories and workshops may now 
 (subject to the exceptions mentioned in the principal Act) 
 be employed between the hours of 6 a.m. and 6 p.m., or 
 between 7 a.m. and 7 p.m., or between 8 a.m. and 8 p.m. on 
 ordinary days, and on Saturdays between 6 a.m. and 2 p.m., 
 or between 7 a.m. and 3 p.m., or between 8 a.m. and 4 p.m. 
 Children may also be employed in morning sets which 
 commence at 8 a.m., or in afternoon sets which finish at 
 .8 P.M. on ordinary days, and at 4 p.m. on Saturdays, or on 
 the alternate day system they may work from 8 a.m. to 
 8 P.M. on ordinary days, and from 8 a.m. till 4 p.m. on 
 Saturdays in such nun-textile factories and workshops as 
 employ women and young persons between the hours of 
 S a.m. and 8 p.m. 
 
 Hitherto certain scheduled trades only were allowed to 
 work between 8 a.m. and 8 p.m., and notices were required 
 to be served on the inspector and exhibited in the works 
 ■as in the case of other exceptions. 
 
230 Factory and Workshop Act, 1895. 
 
 1895 Act, 37^ (1.) In section fifty-three of the principal 
 S6Ct. 37. A 1 /• \ 
 — Act(a) — 
 
 Amendment 
 
 vict^ c 16 -^^^ ^^ words " the factories and workshops or 
 ThiM*"^ parts thereof" shall be substituted the 
 
 PaiSiL words *Hhe non-textile factories and 
 
 workshops or parts thereof and ware- 
 houses " ; and 
 For the words "the factories and workshops 
 and parts thereof" shall be substituted the 
 words " the non-textile factories and 
 workshops and parts thereof and ware- 
 houses," 
 wherever those words respectively occur in that 
 section. 
 
 (2.) In Part Three of the Third Schedule to 
 the principal Act, (6) before the word '* factories " 
 shall be inserted the word " nourtextile," the 
 words " and also " are hereby repealed, and for 
 the paragraph marked '^ (^0" there shall be sub- 
 stituted the following paragraph, namely : 
 
 " The said exception applies also to any part of 
 a factory (whether textile or non-textile) or work- 
 shop which is a warehouse not used for any manu- 
 facturing process or handicraft, and in which 
 persons are solely employed in polishing, cleaning, 
 wrapping, or packing-up goods." 
 
 (a) See p. 67, ante^ and notes. 
 
 (6) See p. 141, ante. 
 
 This section amends section 53 of tlie principal Act with 
 regard to the overtime employment of women, and Part 3^ 
 of Schedule 3 of the principal Act which enumerates the 
 various industries in which overtime may be worked, and 
 should therefore be read in conjunction therewith. The 
 provisions of section 14 of this Act also deal with over- 
 time and should be noted. They include an enactment 
 
Miscellaneous Amendments, 231 
 
 that young persons may no longer be employed overtime 1895 Act, 
 under section 53 of the principal Act. Sect. 37. 
 
 The definition of warehouse should be carefully noted, — 
 also that warehouses are the only parts of textile factories 
 in which overtime may be worked under section 53 of the 
 Act of 1878. 
 
 38. Nothing in the principal Act shall prevent o/^f^^|"*^ 
 the employment of male young persons to whom J^g-^-^^^^ 
 section fifty-eight(a) of that Act applies in three ^^^^^• 
 shifts of not more than eight hours each, provided 
 
 that there is an interval of two unemployed shifts 
 between each two shifts of employment. 
 
 (a) See p. 73, ante. This section gives an alternative 
 scheme for the employment during the night of male 
 young persons in certain industries specified in Part 6 of 
 the Third Schedule to the principal Act to that allowed 
 by section 58 of the principal Act. Formerly, male young 
 persons could only be employed on night work for periods 
 of not more than twelve hours with a clear twelve hours' rest 
 before and after each period and only on six (or in some 
 cases, seven) nights in every two weeks. Now, by the 
 shift system, they may be employed every night provided 
 they have two shifts' rest between each period of work. ^ 
 
 By section 14 (3) of this Act they must, after the 1st of 
 January, 1897, be of the age of fourteen years and upwards 
 (see p. 206, ante). Note also the provisions of section 14 (4), 
 on page 207. 
 
 39. The Secretary of State may by order made Power to 
 in accordance with section sixty-five of the prin- separate 
 cipal Act direct, with respect to any class of separate 
 
 factories. 
 
 factories or workshops, that different branches or 
 departments of work carried on in the same factory 
 or workshop shall, for all or any of the purposes 
 of the Factory Acts, be treated as if they were 
 different factories or workshops. 
 
 40. (!•) In every textile factory the occupier Particulars 
 shall, for the purpose of enabling each worker who wages to be 
 
232 Factory and Workshop Act, 1895. 
 
 1895 Act, is paid by the piece to compute the total amount 
 — '- ' of waees payable to him in respect of his work, 
 
 furnished in . i^ t-T i. j ^- i i? xi, x ^ 
 
 certain cause to be pubushed particulars or the rate of 
 wages applicable to the work to be done, and also 
 particulars of the work to which that rate is to be 
 applied, as follows : — 
 
 (a.) The particulars of the rate of wages ap- 
 plicable to the work to be done by each 
 weaver in the worsted and woollen, other 
 than the hosiery, trades shall be fur- 
 nished to him in writing at the time 
 when the work is given out to him, and 
 shall also be exhibited on a placard not 
 containing any other matter, and posted 
 in a position where it is easily legible : 
 (5.) The particulars of the rate of wages ap- 
 plicable to the work to be done by each 
 worker, other than such a weaver as 
 aforesaid, shall be furnished to him in 
 writing at the time when the work is 
 given out to him ; provided that if the 
 same particulars are applicable to the 
 work to be done by each of the workers 
 in one room it shall be sufficient to 
 exhibit them in that room on a placard not 
 containing any other matter, and posted 
 in a position where it is easily legible : 
 (c.) Such particulars of the work to be done by 
 each worker as affect the amount of 
 wages payable to him shall (except so 
 far as they are ascertainable by an auto- 
 matic indicator) be furnished to him in 
 
 1 
 
Particulars respecting Wages. 233 
 
 writine; at the time when the work is 1895 Act, 
 ^ , , ,. Sect. 40. 
 
 given out to mm : — 
 
 (c?.) The particulars either as to rate of wages 
 or as to work shall not be expressed by- 
 means of symbols : 
 
 {^.) Where an automatic indicator is used for 
 ascertaining work, such indicator shall 
 have marked upon its case the number 
 of teeth in each wheel and the diameter 
 of the driving roller, except that in the 
 case of spinning machines with traversing 
 carriages the number of spindles and the 
 length of the stretch in such machines 
 shall be so marked in substitution for the 
 diameter of the driving roller : 
 
 {/.) Where such particulars of the work to be 
 done by each worker as affect the amount 
 of wages payable to him are ascertained 
 by an automatic indicator, and a placard 
 containing the particulars as to the rate 
 of wages is exhibited in each room, in 
 pursuance with an agreement between 
 employers and workmen and in con- 
 formity with the requirements of this 
 section, the exhibition thereof shall be a 
 sufficient compliance with this section. 
 
 (2.) If the occupier fail to comply with the 
 requirements of this section, or fraudulently uses 
 a false indicator for ascertaining the particulars or 
 amount of any work paid for by the piece, or if 
 any workman fraudulently alters an automatic 
 
234 Factory and Workshop Act, 1895. 
 
 1895 Act, indicator, the occupier or workman, as the case 
 — ^ ' may he, shall be liable for each offence to a fine of 
 not more than ten pounds, and, in case of a second 
 or subsequent conviction within two years from 
 the last conviction for that offence, not less than 
 one pound. Provided that an indicator shall not 
 be deemed false if it complies with the require- 
 ments of this section. 
 
 (3.) If anyone engaged as a worker in any 
 factory or workshop, having received such par- 
 ticulars, whether they are furnished directly to 
 him or to a fellow workman, discloses the par- 
 ticulars for the purpose of divulging a trade secret 
 he shall be liable to a fine not exceeding ten 
 pounds. 
 
 (4.) If anyone for the purpose of obtaining 
 knowledge of or divulging a trade secret solicits 
 or procures a person so engaged in any factory to 
 disclose such particulars, or with that object pays 
 or rewards any such person, or causes any such 
 person to be paid or rewarded for so disclosing 
 such particulars, he shall be liable to a fine not 
 exceeding ten pounds. 
 
 (5.) This section shall take effect instead of sec- 
 tion twenty-four of the Act of 1891. (a) 
 
 (6.) The Secretary of State, on being satisfied 
 by the report of an inspector that the provisions of 
 this section are applicable to any class of non- 
 textile factories, or to any class of workshops, 
 may, if he thinks fit, by order made in accordauce 
 with section sixty-five of the principal Act, apply 
 the provisions of this section to any such class, 
 subject to such modifications as may in his opinion 
 
Amendment of 54 ^ 55 Vict, c, 75, 5. 27. 235 
 
 be necessary for adapting those provisions to tlie -k^^^AjJ' 
 
 circumstances of the case. — ^ 
 
 (a) See page 183, ante. The section is re-enacted and 
 considerably amplified by the above. 
 
 41. Every person who is in occupation of a Notice of 
 workshop at the commencement of this Act shall workshops, 
 before the expiration of twelve months from the 
 commencement of this Act, unless he has already 
 
 done so in pursuance of section twenty-six of the 
 Act of 1891, serve on the inspector for the district 
 a written notice containing the name of the work- 
 shop, the place where it is situate, the address to 
 which he desires his letters to be addressed, the 
 nature of the work, and the name of the person 
 or firm under which the business of the workshop 
 is carried on, and in default shall be liable to a 
 fine not exceeding five pounds. Any notice so 
 served shall be forthwith forwarded to the sanitary 
 authority of the district in which the workshop is 
 situate. 
 
 This section should be read in conjunction with sec- 
 tion 75 of the principal Act and section 26 of the Act of 
 1891 (see pp. 96 and 185, ante). 
 
 42. (!•) Every occupier of a factory or work- ^™\"J," 
 
 shop to whom section twenty-seven of the Act of g*!^^*^'^ °^ 
 1891(a) for the time being applies, and every 
 contractor employed by any such occupier in the ^^^^ ^* ^"* 
 
 ment and 
 ision 
 55 Vict. 
 
 1891(a) for the time being applies, and every rJp^^ting 
 
 list of on 
 workers. 
 
 business of the factory or workshop, shall, on or 
 before the first day of March and the first day of 
 September in each year, send to the inspector for 
 the district in which the factory or workshop is 
 situtate a list showing the names of all persons 
 directly employed by him, either as workmen or 
 
236 Factory and Workshop Act, 1895. 
 
 Se^t 42*' ^^ contractors, in the business of the factory or 
 
 — workshop outside the factory or workshop, and the 
 
 places where they are employed, and in default of 
 
 so doing shall be liable to a fine not exceeding 
 
 forty shillings. 
 
 (2.) Section twenty-seven of the Act of 1891(a) 
 and this secton shall apply to any place from which 
 any work of making wearing apparel for sale is 
 given out, and to the occupier of that place, and 
 to every contractor employed by any such occupier 
 in connection with the said work, as if that place 
 were a workshop. 
 
 (a) See p. 185, ante. Formerly occupiers and con- 
 tractors had only to keep lists of their out-workers which 
 were to be open to inspection. Now these lists have to be 
 sent to the inspector for the district. For the form of 
 list, &c., prescribed by the Secretary of State, see p. 186. ^ 
 
 toliuureto 43. Failure to enter in the register kept in 
 iimewash.1 pursuance of section seventy-seven of the principal 
 Act(a) the prescribed particulars as to lime- wash- 
 ing shall be primd facie evidence of failure to 
 observe the requirements of the Factory Acts with 
 respect to lime-washing. 
 
 (a) See p. 97, ante. 
 
 ^TShf^^^ 44. (1-) In sections sixty-six(a) and seventy- 
 S^'gb.^?!^' ^^® (^) ^f ^^ principal Act the words " the in- 
 IJ^gsYict. spector for the district" shall be substituted for 
 c 75, 8. 29. ^^ wordB '^ an inspector " wherever they occur 
 in those sections. 
 
 (2.) In section twenty-nine of the Act of 
 1891,(c) the words " the factory inspector for the 
 district within which the offence is charged to 
 
I 
 
 K Special Inquiries hy Certifying Surgeons. 237 
 
 Tiave been committed " shall be substituted for 1895 Act, 
 the words " a factory inspector." — 1- 
 
 (a) See p. 82, ante. 
 (&) See p. 96, ante. 
 (c) See p. 188, ante. 
 
 45. Section sixty-eight of the principal Act(a) ^11% 
 shall have effect as if in the paragraph numbered c^i^tfel^** 
 (2), which empowers an inspector to take with oMnspeS! 
 him a constable into a factory, the words "or 
 workshop " were inserted after the word " factory." 
 
 (a) See p. 88, ante. 
 
 46. (1-) Every certifying surgeon shall, if so f^g^JJigg 
 directed by the Secretary of State, make any eJami'a. 
 special inquiry and re-examine any young person certify&g 
 or child, and any expense incurred by the Secre- s^»®o^s. 
 tary of State under this provision shall be defrayed 
 
 as other expenses incurred by him in the execu- 
 tion of the Factory Acts. 
 
 (2.) The fees to be paid to certifying surgeons 
 in cases where, in pursuance of this section or of 
 special rules under the Factory Acts, they are 
 required to examine the persons employed in a 
 factory or workshop shall be in accordance with 
 the scale set forth in the Second Schedule to this 
 Act, or with such scale as may be substituted 
 therefor by the Secretary of State. 
 
 (3.) Such fees shall, where the examination is 
 in pursuance of this section, be paid by the Secre- 
 tary of State, and where the examination is in 
 pursuance of special rules be paid by the occupier 
 of the factory or workshop. 
 
 See further section 27 of the principal Act and notes 
 
^38 Factory and Workshop Act, 1895. 
 
 1895 Act, thereto (p. 38, ante\ and sections VI —74 of the principal : 
 Sect. 46. Act (pp. 92 — 95, ante\ and Second Schedule of this Act. 
 
 rf"orS°" 47. Every order made in accordance with sec- 
 tion sixty-five of the principal Act shall be pub- 
 lished in such manner as the Secretary of State 
 thinks best adapted for the information of all 
 persons interested. 
 
 Service of Ag Any notice, order, requisition, summons, 
 
 documents ^«-»« J ' ' ^ ' ' 
 
 on owner, or documcnt, rcqmrcd or authorised by the Factory 
 Acts to be served on the owner, as defined by this 
 Act, of a factory or workshop, may be served by 
 dehvering the same or a true copy thereof to the 
 agent of the owner as so defined. 
 
 Competency 49. A pcrsou charfi^cd with an offence under 
 
 ■of defendant * '^ • r o ^ 
 
 togive the Factory Acts may, if he thinks fit, tender 
 
 evidence. •^ . . 
 
 himself to be examined on his own behalf, and 
 thereupon he may give evidence in the same 
 manner and with the like effect and consequences 
 as any other witness. 
 
 Payment of 50. Where, in pursuance of section eighty- 
 actuai seven of the principal Act, (a) some person other 
 
 offenderin ^ . ^ . -^ „ p ^/ ^ , , 
 
 lieu of than the occupier oi a lactory or workshop is 
 
 (XJcupier. iir^ jp ..,. . 
 
 brought before a court or summary jurisdiction, 
 and convicted of an offence with which the occu- 
 pier was charged, that person shall in the discre- 
 tion of the court be liable to pay any costs inci- 
 dental to the proceeding, 
 (a) See p. 106, ante. 
 
 Right of 51. -^n inspector, if so authorised in writing 
 
 <»nduct under the hand of the Secretary of State, may, 
 
Interpretation, 239 
 
 although he is not a counsel, or solicitor, or law 1895 Act, 
 agent, prosecute, conduct, or defend, before a court — ^ ' 
 of summary jurisdiction or justice, any informa- befwe '°^^ 
 
 .. 1 • J ji T • • 1 magistrates. 
 
 tion, complaint, or other proceeding arising under 
 the Factory Acts, or in the discharge of his duty 
 as such inspector. 
 
 This is to define the position of the inspectors in court, 
 although by long usage they have always conducted cases 
 under the Acts. 
 
 52. In the application of the Factory Acts to ^^fj.^^^^" 
 Ireland— 4i&!2Vict. 
 
 C.52. 
 
 The expression '^ Public Health (Ireland) Act, 
 1874," where it occurs in sub-section eleven 
 of section one hundred and six of the principal 
 Act, and the expression " Public Health Act, 
 1875," where it occurs in sections four and 
 seven of the Act of 1891, shall be construed 
 as meaning the Public Health (Ireland) Act, 
 1878, and the Acts amending the same. 
 
 53. In this Act, unless the context otherwise interpreta- 
 
 ' tion. 
 
 requires — 
 
 (1.) The expression " the Factory Acts " means 
 the Factory and Workshop Acts, 1878 
 to 1891, and this Act : 
 
 The expression "the principal Act" 
 means the Factory and Work- 
 shop Act, 1878 : 
 The expression " the Act of 1891 " 
 means the Factory and Work- 
 shop Act, 1891 : 
 The expression ^' owner " has the mean- 
 
240 Factory and Workshop Act, 1895. 
 
 1895 Act, ing given to it by section four 
 
 ^ _^.^- of the Public Health Act, 1875. 
 
 c 65. (2.) References to any section of the Factory 
 
 Acts shall be construed as references to 
 
 that section as amended by subsequent 
 
 enactments, including this Act. 
 
 Repeal. g^. The Acts mentioned in the Third Schedule 
 
 to this Act are hereby repealed to the extent 
 specified in the third column of that schedule. 
 
 Commence- K^ This Act shall come into operation on the 
 
 mentof Act. ^^« ^ . ^ ^ 
 
 first day of January, one thousand eight hundred 
 and ninety-six. 
 
 Short titles 56. This Act may be cited as the Factory and 
 struction. Workshop Act, 1895, and shall be construed as 
 one with the Factory and Workshop Acts, 1878 
 to 1891, and those Acts and this Act may be 
 cited collectively as the Factory and Workshop 
 Acts, 1878 to 1895. 
 
 FIRST SCHEDULE. 
 Regulations as to Grinding in Tenement Factory. 
 
 (1.) Boards to fence the shafting and pulleys, locally 
 known as drum boards, shall be provided and kept in 
 proper repair. 
 
 (2.) Hand rails shall be fixed over the drums and kept 
 in proper repair. 
 
 (3.) Belt guards, locally known as Scotchmen, shall be 
 provided and kept in proper repair. 
 
 (4.) Every floor, which is constructed after the com- 
 mencement of this Act, shall be so constructed and main- 
 tained as to facilitate the removal of slush, and all necessary 
 shoots, pits, and other conveniences shall be provided for 
 facilitating such removal. 
 
 mi 
 
Scliedules. 
 
 241 
 
 (5.) Every grinding-room or hull, which is established 1895 Act, 
 after the commencement of this Act, shall be so constructed Sched, 1. 
 that for the purpose of light grinding there shall be a clear 
 space of three feet at least between each pair of troughs 
 and for the purpose of heavy grinding there shall be a 
 clear space of four feet at least between each pair of troughs 
 and six feet at least in front of each trough. 
 
 (6.) The sides of all drums in every grinding-room or 
 hull shall be closely fenced. 
 
 (7.) Except in pursuance of a special exemption granted 
 by the Secretary of State, no grindstone shall be run before 
 any fire place or in front of another grindstone. 
 
 (8.) No grindstone erected after the commencement of 
 this Act shall be run before any door or other entrance. 
 
 SECOND SCHEDULE. 
 Scale op Fees to Certifying Surgeons. 
 
 Section 46. 
 
 Under 10 hands 
 
 „ 20 „ - 
 
 » 30 „ - 
 
 » 50 „ - 
 
 » 75 „ 
 
 „ 100 „. 
 
 Over 100 „ - 
 
 2s. Qd. per visit. 
 
 3s. 
 
 3s. Qd. 
 
 4s. 
 
 4s. Qd, 
 5s. 
 
 7s. U. 
 
 With the addition of Is. for every mile or portion of a 
 mile in excess of one mile from the certifying surgeon's 
 residence. 
 
 THIRD SCHEDULE. 
 Enactments Repealed. 
 
 Section 54. 
 
 Session and 
 Chapter. 
 
 41 & 42 Vict. 
 C.16. 
 
 Short Title. 
 
 The Factory and Work- 
 shop Act, 1878. 
 
 Extent of Repeal. 
 
 Sections thirty-one and 
 
 forty-two. 
 Part One of the Third 
 
 Schedule. 
 Part Three of the Third 
 
 Schedule, from " and 
 
 also "to " packing-up 
 
 goods." 
 
242 
 
 1895 Act, 
 Sched. 3. 
 
 Factory and Workshop Act, 1895. 
 Enactments Repealed — continued. 
 
 Session and 
 Chapter. 
 
 54 & 55 Vict. 
 c. 75. 
 
 57 & 58 Vict. 
 C.28. 
 
 Short Title. 
 
 The Factory and Work- 
 shop Act, 1891. 
 
 The Notice of Accidents 
 Act, 1894. 
 
 Extent of Repeal. 
 
 Sub-section one of sec- 
 tion twenty-two, and 
 section twenty-four 
 and sub-section five of 
 section thirty-three. 
 
 In paragraph (1) of the 
 Schedule the word 
 " gaswork " and the 
 words " harbour, dock, 
 port, pier, quay." 
 
 Paragraph (2) of the 
 Schedule. 
 
COTTON CLOTH FACTORIES ACT, 1889, 
 
 52 & 53 Vict. Cap. 62. 
 
 An Act to make further provision for tlie Regulation 
 of Cotton Cloth Factories, 
 
 [30th August, 1889.] 
 
 Be it enacted .... as follows : 
 
 1889 Act, 
 
 1. This Act may be cited as the Cotton Cloth Sect.l. 
 
 Factories Act, 1889. shorttitie. 
 
 In section 31 (1) of the Act of 1895 it is provided 
 that this Act shall apply to all textile factories m which 
 atmospheric humidity is artificially produced by steaming 
 or other mechanical appliances, and which is not for the 
 time being subject to special rules under section 8 of the 
 Act of 1891 (see p. 173) ; with such modifications of the 
 schedule with respect to the maximum limits of humidity 
 as the Secretary of State may from time to time direct 
 ^see p. 244). 
 
 2. This Act shall come into operation on the S^X^"*^ 
 first day of March, one thousand eight hundred 
 
 and ninety, which day is in this Act referred to as 
 the commencement of this Act. 
 
 3. This Act shall be construed as one with the oonstruc- 
 
 ^^* tlon. 
 
 Factory and Workshop Act, 1878. aie.^^^'"^ 
 
 4. In this Act— Jfou'^'"''^*" 
 The expression " cotton cloth factory " shall 
 
 mean any room, shed, or workshop, or any 
 part thereof in which the weaving of cotton 
 cloth is carried on. 
 
 r2 
 
244 Cotton Cloth Factories Act, 1889. 
 
 1889 Act, Expressions referring to the artificial raising of 
 — '- ' temperature or production of humidity shall 
 
 include the raising of temperature or produc- 
 tion of humidity by any artificial means what- 
 soever except by gas when used for lighting 
 purposes only. 
 
 tuSand" 5. (1-) The amount of moisture in the atmo- 
 KS-""^ sphere of a cotton cloth factory shaU not at any 
 phere. ^^^^ -^^ ^^ excess of such amount as is represented 
 by the number of grains of moisture per cubic 
 foot of air shown in Column I. of the table in 
 Schedule A. to this Act opposite to such figure in 
 Column II. as represents the temperature existing 
 in such cotton cloth factory at such time. 
 
 Provided that in a cotton cloth factory the tem- 
 perature shall not at any time be artificially raised 
 above seventy degrees, except in so far as may be 
 necessary in the process of giving humidity to 
 the atmosphere and according to the table in 
 Schedule A. of this Act. 
 
 (2.) The fact that one of the wet bulb ther- 
 mometers in such factory gives a higher reading 
 than the figure shown in Column III. of Schedule A. 
 to this Act opposite to such figure in Column II. 
 as represents the temperature existing in such 
 factory, shall be evidence that the amount of mois- 
 ture in the atmosphere exceeds the limit in the last 
 preceding sub-section prescribed. 
 
 Stei^taMc 6. One of Her Majesty's principal Secretaries 
 of humidity. Qf gtate may from time to time by order repeal or 
 
As to Moisture, 245 
 
 vary the table in Schedule A. of this Act, and sub- 1889 Act, 
 stitute any new or amended table therefor : Pro- — - 
 vided always, that such varied or substituted table 
 shall be laid in a complete form before both Houses 
 of Parliament if Parliament be sitting, or if not, 
 then within three weeks after the beginning of the 
 next ensuing session of Parliament ; and if such 
 table shall be disapproved by either House of 
 Parliament within forty days after the same shall 
 have been so laid before Parliament, such table 
 shall be void and of no effect : Provided also, that 
 no such table shall come into force or operation 
 until the same shall have been laid before Parlia- 
 ment for forty days ; but after the expiration of 
 such forty days, if the table has not been dis- 
 approved of as aforesaid, the Secretary of State 
 shall cause a copy thereof to be published in the 
 London Gazette, and to be given to every occupier 
 of a cotton cloth factory who, in pursuance of this 
 Act, has given notice of humidity of the atmosphere 
 being artificially produced in such factory, and 
 after the expiration of fourteen days from the first 
 publication thereof in the London Gazette, the 
 varied or substituted table shall be deemed to be 
 the table of Schedule A. of this Act. 
 
 7. For the purpose of recording the humidity Themo- 
 
 * • 111 . meters to be 
 
 of the atmosphere and the temperature m a cotton employed, 
 cloth factory, there shall be provided, maintained, 
 and kept in correct working order in every such 
 factory two sets of standardised wet and dry bulb 
 thermometers. 
 
246 Cotton Cloth Factories Act, 1889. 
 
 1889 Act, The following regulations shall be observed with 
 — '• * reference to the employment of such thermometers 
 in each cotton cloth factory : — 
 
 (i.) One set of thermometers is to be fixed in the 
 centre and one at the side of the factory, 
 or in such other position as may be 
 directed or sanctioned by an inspector of 
 factories, so as to be plainly visible to the 
 operatives. 
 
 (ii.) The occupier or manager or person for the 
 time being in charge of each factory shall 
 read the thermometers twice in the day^ 
 viz., between ten o'clock and eleven 
 o'clock in the forenoon and between 
 three o'clock and four o'clock in the 
 afternoon, on every day that any opera- 
 tives are employed in the factory, and 
 shall record the readings of each ther- 
 mometer at each of such times on a form 
 provided for the purpose for each set of 
 thermometers in the form and in accord- 
 ance with the regulations contained in 
 Schedule B. of this Act. 
 
 (iii.) The form in which the readings of each 
 thermometer provided for in sub-sec- 
 tion (ii.) of this section are to be recorded 
 shall be kept hung up near the ther- 
 mometers, and after being duly filled up, 
 shall be forwarded at the end of each 
 month to the inspector of the district, 
 and a copy shall be kept at the factory 
 for reference. 
 
 (iv.) There shall be kept hanging up in a frame, 
 
As to Moisture. 247 
 
 and properly glazed, in a conspicuous 1889 Act, 
 position and near to each set of thermo- — ^ 
 meters a copy of the table set out in 
 Schedule A. of this Act. 
 (v.) Each form shall be primd facie evidence of 
 the humidity of the atmosphere and tem- 
 perature in the factory in which such 
 form was hung up. 
 
 Notice of 
 artificial 
 
 8. The occupier of any cotton cloth factory in 
 which humidity of the atmosphere is artificially PJ^^^J^j^f^y 
 produced shall give notice thereof in writing to^^^^^®"" 
 the chief inspector of factories. 
 
 The notice shall be given in the case of a factory 
 in which humidity is so produced at the com- 
 mencement of this Act within one week after the 
 commencement of this Act, and in the case of any 
 other factory at or before the time at which the 
 artificial production of humidity is commenced in 
 the factory. 
 
 9. In every factory in respect of which such o/^f^g^^afr 
 notice has been given, arrangements shall be made 
 
 and maintained to the satisfaction of the inspector 
 of factories for the district for admitting in every 
 hour during which work is carried on not less 
 than six hundred cubic feet of fresh air for each 
 person employed therein ; \_andthe arrangements for 
 such ventilation shall he kept in operation subject, 
 as far as possible, to tlie control of the persons 
 employed therein.'](a') 
 
 (a) The words in italics and in brackets are now repealed 
 by section 31 (2) of the Act of 1895 (see p. 226, ante). 
 
248 Cotton Cloth Factories Act, 1889. 
 
 1889 Act, 10. Every factory in respect of whicli such 
 — ^ ' notice has been given shall be visited by an in- 
 to visit spector of factories once at least in every three 
 factories, months. The inspector shall examine into the 
 temperature, humidity of the atmosphere, ventila- 
 tion, and quantity of fresh air in the factory, and 
 shall report to the chief inspector of factories in 
 accordance with the form printed in Schedule C. 
 of this Act. 
 
 NotiM of Y]., If at any time the occupier of any factory 
 ^rodu^r ^^ respect of which notice has been given in con- 
 of humidity, formity with the eighth section of this Act shall 
 cease to produce humidity by artificial means, he 
 may give notice in writing of such cessation, and 
 from the date of such notice, and so long as 
 humidity is not artificially produced in the fac- 
 tory, the provisions of this Act with respect to 
 factories in which humidity of the atmosphere is 
 artificially produced shall not apply to such 
 factory. 
 
 [Provisions 12, [ Where an inspector considers that dust is 
 ting and generated, and such dust is inhaled by tlie workers 
 
 inhalation '^ ... , . 
 
 o/dust.} to an injurious extent, and it appears to such 
 inspector that such inhalation could he prevented hy 
 the use of mechanical or other means, the following 
 provisions shall apply : — 
 
 (1.) The inspector shall serve on the occupier of 
 the factory a notice requiring him to adopt 
 such mechanical or other means as tlw said 
 inspector requires to prevent tlie inhalation 
 of such dust : 
 
As to Moisture, 249 
 
 (2.) The occupier, icithin seven days after the 1889 Act, 
 receipt of the notice, may serve on the —1 
 inspector a requisition to refer the matter 
 to arbitration ; and thereupon the matter 
 shall he referred to arbitration, and two 
 skilled arbitrators shall be appointed, the 
 one by the inspector and the other by the 
 occupier ; and the provisions of the Com- s ^^9 Vict, 
 panies Clauses Consolidation Act, 1845, 
 with respect to the settlement of disputes 
 by arbitration shall, subject to the express 
 provisions of this section, apply to the 
 said arbitration, and the arbitrators or 
 their umpire shall give the decision within 
 twenty-one days after the last of the 
 arbitrators, or, in the case of the umpire, 
 after the umpire is appointed, or within 
 such furtlwr time as the occupier and 
 inspector, by writing, allow ; and if the 
 decision is not so given, the matter shall 
 be referred to the arbitration of an umpire 
 to be appointed by the judge of the county 
 court within the jurisdiction of which the 
 factory is situate : 
 
 (3.) If the arbitrators or their umpire decide 
 that it is unnecessary or impossible to 
 prevent the inhalation of such dust, or that 
 the means required to be adopted by the 
 inspector are not reasonable, the notice shall 
 be cancelled, and the occupier shall not be 
 required to carry out the notice of the said 
 inspector, and the expenses of the arbitra- 
 
250 Cotton Cloth Factories Act, 1889. 
 
 1889 Act, tion shall be paid as the expenses of the 
 
 —— ' inspectors under this Act : 
 
 (4.) If the occupier does not within the said 
 seven days serve on the inspector a requi- 
 sition to refer the matter to arbitration^ or 
 does not appoint an arbitrator within seven 
 days after he served that requisition, or if 
 neitlier the arbitrators nor the uminre 
 decide that it is unnecessary^ or impossible 
 to prevent the inhalation of such dust, or 
 that tlie means required to be adopted by tlie 
 inspector are not reasonable, tlie occupier 
 shall prevent the inhalation of dust in 
 accordance with the notice or with the 
 aicard of the arbitrators or umpire if it 
 modifies the notice, and the expenses of 
 the arbitration shall be paid by the 
 occupier, and shall be recoverable from 
 him by the inspector in the county court : 
 (5.) Where the occupier of a factory fails to 
 comply within a reasonable time with the 
 requirements of this section as to the 
 inhalation of dust in accordance with the 
 notice or aicard, or fails to keep and to 
 maintain such factory in accordance 
 thereivithy he shall be deemed to contravene 
 this Act.'] 
 
 This section made provisions for preventing the inhala- 
 tion of dust. General provisions are now made applicable 
 to all factories. Section 8, Act of 1891 (see p. 173). 
 
 KenL. 13. If in the case of any cotton cloth factory 
 there is a contravention of or non-compliance with 
 any of the provisions of this Act, the inspector 
 
Penalties, 251 
 
 shall give notice in writing to the occupier of the 1889 Act^ 
 same of the acts or omissions constituting the con- — ^ ' 
 travention or non-compliance, and if such acts or 
 omissions, or any of them, are continued or not 
 remedied, or are repeated within twelve months 
 after such notice has been given, the occupier of 
 such factory shall be liable, on summary convic- 
 tion, for the first offence, to a penalty of not less 
 than five pounds nor more than ten pounds, and 
 for every subsequent offence to a penalty of not 
 less than ten pounds nor more than twenty pounds. 
 
252 
 
 1889 Act, 
 Sched.A. 
 
 Cotten Cloth Factories Act, 1«89. 
 SCHEDULES. 
 
 SCHEDULE A. 
 
 Maximum Limits op Humidity op the Atmospheee at 
 GIVEN Temperatures. 
 
 I. 
 
 II. 
 
 III. 
 
 Grains of Moisture 
 
 Dry Bulb Thermo- 
 
 Wet Bulb Thermo- 
 
 per Cubic Pooc 
 
 meter Readings. 
 
 meter Readings. 
 
 of Air. 
 
 Degrees Fahrenheit. 
 
 Degrees Fahrenheit. 
 
 51 
 
 60 
 
 58 
 
 5-2 
 
 61 
 
 59 
 
 5-4 
 
 62 
 
 60 
 
 5-6 
 
 63 
 
 61 
 
 5-8 
 
 64 
 
 62 
 
 6 
 
 65 
 
 63 
 
 6-2 
 
 66 
 
 64 
 
 6-4 
 
 67 
 
 65 
 
 6-6 
 
 68 
 
 66 
 
 6-9 
 
 69 
 
 67 
 
 7-1 
 
 70 
 
 68 
 
 71 
 
 71 
 
 68-5 
 
 71 
 
 72 
 
 69 
 
 7-4 
 
 73 
 
 70 
 
 7-4 
 
 74 
 
 70-5 
 
 7-65 
 
 75 
 
 71-5 
 
 7-7 
 
 76 
 
 72 
 
 8 
 
 77 
 
 73 
 
 8 
 
 78 
 
 73-5 
 
 8-25 
 
 79 
 
 74-5 
 
 8-55 
 
 80 
 
 75-5 
 
 8-6 
 
 81 
 
 76 
 
 8-65 
 
 82 
 
 76-5 
 
 8-85 
 
 83 
 
 77-5 
 
 8-9 
 
 84 
 
 78 
 
 9-2 
 
 85 
 
 79 
 
 9-5 
 
 86 
 
 80 
 
 9-55 
 
 87 
 
 80-5 
 
 9-9 
 
 88 
 
 81-5 
 
 10-25 
 
 89 
 
 82-5 
 
 10-3 
 
 90 
 
 83 
 
 10-35 
 
 91 
 
 83-5 
 
 10-7 
 
 92 
 
 84-5 
 
 11 
 
 93 
 
 85-5 
 
 11-1 
 
 94 
 
 86 
 
 l]-5 
 
 95 
 
 87 
 
Sclwdule JB. 
 
 253 
 
 SCHEDULE B. 
 
 Poem for eecokding the Readings of the 
 Theemometee. 
 Name of oqcupier 
 Factory No. 
 Number of operatives employed in it 
 
 1889 Act, 
 Sched.B. 
 
 Readings. 
 
 ill 
 
 '-'3 3 
 
 Date. 
 
 Between 10 & 11 a,m. 
 
 Between 3 & 4 pjm. 
 
 1 
 
 Year. 
 
 Month. 
 Day. 
 
 ^1^ 
 
 lis 
 
 ^11 
 
 Wo© 
 
 P3 1 § 
 
 Hi 
 
 1 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 
 10 
 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 
 
 
 
 
 t 
 
 
 f Fill in : — e.g., Too damp. 
 
 (Signed) A. B., 
 
 Correct, &c. Occupier or Manager. 
 
254 Cotton Cloth Factories Acty 1889, 
 
 1889 Act, 
 
 Sched. C. SCHEDULE C. 
 
 FOEM OF THE INSPECTOR'S REPORT. 
 
 Name of occupier 
 
 Number of operatives employed 
 
 Number of rooms or factories used . 
 
 t 
 
 Number of operatives in 
 each room or factoiy. 
 
 "With cubic contents of each 
 such room or factory. 
 
 The general state of the temperature is ( x- ^ . I 
 
 ° \ unsatisfactory. / 
 
 „ „ humidity „ „ 
 
 „ ., ventilation „ „ 
 
 The temperature was in excess of the prescribed maximimi 
 temperature on occasions. 
 
 The humidity of the atmosphere was in excess of the degree 
 prescribed in the table in Schedule (A.). of the Cotton Cloth 
 Factories Act, 1889, on occasions. 
 
 General remarks. 
 
 Date 
 
 (Signed) 
 
 Inspector, 
 
QUARRIES ACT, 1894. 
 
 57 & 58 Vict. Cap. 42. 
 
 An Act to provide for the hetter Regulation of 
 Quarries, [25th August, 1894.] 
 
 Be it enacted .... as follows : 
 
 Quarries 
 
 1. This Act shall apply to every place (not ^^*^|®^^*' 
 being a mine) in which persons work in getting ^pp^^tion 
 slate, stone, coprolites, or other minerals, and an}'- °' -^*^^- 
 part of which is more than twenty feet deep, and 
 
 every such place is in this Act referred to as a 
 quarry imder this Act. (a) 
 
 (a) The control of quarries and adjacent works is by this 
 Act transferred to the inspectors of mines (see section 3), 
 though they maybe factories or workshojjs under Schedule 4, 
 Part 2 of the Act of 1878. 
 
 2. (1.) The provisions of the Metalliferous Application 
 
 ^ ' ^ toquarnes 
 
 Mines Regulation Acts, 1872 and 1875, and the of certain 
 
 o 7 ' provlsious 
 
 Metalliferous Mines (Isle of Man) Act, 1891, <|f 35&36 
 specified in the schedule to this Act, shall, subject 38 & 39 vict. 
 to the modifications therein specified, apply in the ^^^^^ '^^^^' 
 case of every quarry under this Act in Hke 
 manner as they apply in the case of a mine. 
 
 (2.) The inspectors under the Metalliferous 
 Mines Regulation Acts, 1872 and 1875, shall be 
 inspectors of the quarries under this Act. 
 
 (3.) In the appointment of such inspectors in 
 
256 
 
 Quarries Act, 1894. 
 
 Quarries Wales and Monmouthshire among candidates 
 Sect. 2/ equally qualified persons having a knowledge of 
 the Welsh language shall be preferred. 
 
 ti^o?" 8» ^^ *^® application of the Factory and 
 
 tion'S" Workshop Acts, 1878 to 1891, and of any future 
 
 Ac2°to -^^* amending the same, to quarries under this 
 
 quarries. ^^^^ j^q foUowiug modifications shall be made — 
 
 (a.) In every such quarry the powers of the 
 inspectors under those Acts shall be 
 transferred to and exercised by the 
 inspectors under the MetaUiferous Mines 
 Regulation Acts, 1872 and 1875 ; 
 
 (6.) Sections thirty-one and thirty-two of the 
 Factory and Workshop Act, 1878, shall 
 not apply to any such quarry ; 
 
 (c.) Nothing in section fifty-eight of the 
 Factory and Workshop Act, 1878, shall 
 prevent the employment in any such 
 quarry of young persons in three shifts 
 for not more than eight hours each.(a) 
 
 (a) Cf. section 38 of the Act of 1895. 
 
 menro?^" 4. This Act shall come into operation on the' 
 ^^^- first day of January, one thousand eight hundrec 
 
 and ninety-five. 
 
 Short title. 
 
 5. This Act may be cited as the Quarries Act 
 1894. 
 
Quarries Act, 1894. 257 
 
 SCHEDULE. Quarries 
 
 Act,1894, 
 Provisions of Metalliferous Mines Acts applied to Sched. 
 
 Q^^^^IES- Secto2. 
 
 Metalliferous Mines Kegulation Act, 1872 (35 & 36 
 Vict. c. 77) :— 
 Section nine. 
 Section eleven, with the substitution of the word 
 
 " explosive " for the word " powder." 
 Sections fifteen to eighteen. 
 Sections twenty to twenty-two. 
 Sections twenty-four to forty. 
 
 In section forty-one, the definitions of " owner " and 
 " agent," and the definition of " court of summary 
 jurisdiction " so far as it relates to Scotland. 
 Sections forty-two and forty- three. 
 
 Metalliferous Mines Kegulation Act, 1875 (38 & 
 Vict. c. 39) :— 
 
 Section one, except the proviso. 
 
 Metalliferous Mines (Isle of Man) Act, 1891 (54 & 55 
 Vict. c. 47) :— 
 Section one. 
 
 I 
 
Appndz. 
 
 APPEI^DIX. 
 
 TABLE OF NOTICES 
 
 Required to be served on H. M. Inspectors or Ex- 
 hibited IN the Works, and op the Sections to 
 WHICH they Refer (see p. 99). 
 
 Official 
 
 No. of 
 
 Notice. 
 
 Description of Notice. 
 
 Act and Section. 
 
 35 
 
 29 
 
 43 
 
 30 
 
 To 
 
 Be served on 
 Inspector. 
 
 H.M. 
 
 Notice of occupation of a factory 
 or workshop. 
 
 Notice of intention to employ 
 adults only. 
 
 (In this case the prescribed periods 
 of employment of women under 
 ss. 15, 42, 43, are relaxed.) 
 
 Notice of intention to employ 
 adults only in scutch mills. 
 
 (Relaxation as to period of em- 
 ployment of women.) 
 
 Notice of production of artificial 
 humidity in cotton cloth fac- 
 tories. 
 
 Notice of ceasing to produce arti- 
 ficial humidity in cotton cloth 
 factories. 
 
 Notices of accident, poisoning, &c. 
 
 To BE SERVED ON H.M. IN- 
 SPECTOR AND EXHIBITED IN 
 
 THE Works. 
 
 Notice of intention to work eight 
 hours on Saturdays. 
 
 (Where the ordinary period of 
 employment does not exceed 
 eight hours per diem, such hours 
 may be worked on Saturday.) 
 
 41 Vict. c. 16, s. 75. 
 54 & 55 Vict. c. 75, 
 
 S.26. 
 58 & 59 Vict. c. 37, 
 
 s. 41. 
 54 & 55 Vict. c. 75, 
 • s. 13. 
 
 41 Vict. c. 16, s. 62. 
 
 52 & 53 Vict. c. 62, 
 
 s.8. 
 58 & 59 Vict. c. 37, 
 
 8.31. 
 
 52 & 53 Vict. c. 62, 
 s.ll. 
 
 68 & 59 Vict. c. 37, 
 ss. 18, 29. 
 
 54 & 55 Vict. c. 
 s. 15. 
 
 75, 
 
Table of Notices, 
 
 Description of Notice. 
 
 Notice of intention to alter period 
 
 of employment. 
 (The hours of work must be fixed 
 
 and exhibited in a notice. 
 
 Notice of intention to make any 
 
 change must be sent and affixed 
 
 on premises.) 
 
 Notice of intention to alter meal 
 
 hours. 
 (This must be dealt with in same 
 
 manner as alteration of period 
 
 of employment.) 
 
 Notice of intention to alter system 
 of employment of halt-time 
 children. 
 
 (i.e., either on half days only, or 
 on alternate days only.) 
 
 Notice of fixture of statutory 
 holidays during the year. 
 
 Lists of outworkers. 
 
 To BE EXHIBITED IN THE PAET 
 
 OP THE Works affected. 
 
 Notice of places forbidden for 
 
 work. 
 (Children and young persons are 
 
 not allowed to work in specified 
 
 factories, or workshops, or parts 
 
 thereof.) 
 
 Notice of places forbidden for 
 meals. 
 
 (Children, young persons, and 
 women are not allowed to take 
 a meal, or remain during meal 
 hours, in certain specified parts 
 of factories or workshops. 
 
 Notice setting forth the number 
 of persons allowed in each room. 
 
 S2 
 
 259 
 Appndx. 
 
 Act and Section. 
 
 41 Vict. 0. 16, s. 19. 
 
 41 Vict. c. 16, 8. 19. 
 
 41 Vict. c. 16, s. 19. 
 
 41 Vict. c. 16, s. 22. 
 54 & 55 Vict. c. 75, 
 
 s. 16. 
 58 & 59 Vict. c. 37, 
 8.42. 
 
 41 Vict. c. 16, s. 38, 
 Sched. I. 
 
 41 Vict. c. 16, 8. 39, 
 Sched II. 
 
 58 & 59 Vict. c. 37, 
 
 8.1. 
 
260 
 
 Tahle of Notices, 
 
 Appndx. 
 
 Official 
 
 No. of 
 Notice. 
 
 Description of Notice. 
 
 Act and Section. 
 
 
 Special rules in trades scheduled 
 as dangerous. 
 
 54 & 55 Vict. c. 75, 
 s. 10 (1). 
 
 
 Rates of wages in textile factories. 
 
 58 & 59 Vict. c. 37, 
 8. 40 (a). 
 
 
 To BE SERVED ON H.M. IN- 
 
 
 
 SPECTOR AND EXHIBITED IN 
 
 THE Works. 
 
 
 
 Variation of Periods op 
 Employment. &c. 
 
 
 9«, 9^, 
 
 Notice of intention to work 
 between 9 a.m. and 9 p.m. 
 
 (A limited class of non-textile 
 factories and workshops may- 
 work on this system.) 
 
 41 Vict. c. 16,88.43, 
 66. 
 
 10 
 
 Notice of intention to employ 
 male young persons over 16 in 
 lace factories overtime. 
 
 41 Vict. c. 16, ss. 44 
 .—5,66. 
 
 11 
 
 Notice of intention to employ male 
 young persons over 16 years in 
 bakehouses between 5 a.m. and 
 9 p.m. 
 
 (This is permitted under strict con- 
 ditions as to meals and rest, and 
 intervals between periods of 
 employment.) 
 
 41Vict.c. 16,88.45, 
 46. 
 
 13 
 
 Notice of intention to substitute 
 another day for Saturday. 
 
 (In certain occupations and dis- 
 tricts another early closing day 
 may be fixed instead of Satur- 
 day. 
 
 41 Vict. c. 16, 88. 46, 
 66. 
 
 15 
 
 Notice of intention to continue 
 work for five hours without an 
 interval. 
 
 (Extended only to a certain class 
 of textile factories.) 
 
 41 Vict. c. 16,88.48, 
 &&, Sched. 3, part 
 
Tahle of Notices. 
 
 Description of Notice. 
 
 Notice of intention to allow 
 different holidays to different 
 sets of persons employed. 
 
 (In certain occupations and dis- 
 tricts the annual statutory holi- 
 days may be allowed to various 
 persons at various dates.) 
 
 Notice of intention of Jewish 
 occupier to avail himself of 
 modifications in respect to holi- 
 days, overtime, and Sunday em- 
 ployment. 
 
 (Privileges allowed in case of the 
 Jewish Sabbath, &c.) 
 
 Notice of intention to allow 
 different meal hours to different 
 sets, and the employment of one 
 set during the meal hour of 
 another. 
 
 (Trades in which continuous pro- 
 cesses are carried on, in which 
 night work is allowed, &c., are 
 entitled to this modification, also 
 a few others.) 
 
 Notice of intention to work over- 
 time (women only). 
 
 Notice of intention to work addi- 
 tional half hour (in complete 
 process). 
 
 Notice of intention to work to 
 prevent damage (Turkey Red 
 Dyeing). 
 
 Notice of intention to work over- 
 time (women only). 
 
 Notice of intention to recover lost 
 time in water mills. 
 
 Act and Section. 
 
 41 Vict. c. 16,88.49, 
 
 41 Vict. c. 16, ss. 50, 
 51, QQ. 
 
 41 Vict. c. 16, ss. 52, 
 66, Sched. 3, part 
 2. 
 
 41 Vict. c. 16, 8. 53, 
 Sched. 3, part 3. 
 
 41 Vict. c. 16, s. 54, 
 Sched. 3, part 4. 
 
 41 Vict. c. 16, 8. 55. 
 
 41 Vict. c. 16, 8. 56, 
 Sched. 3, part 5. 
 
 41 Vict. c. 41, 88.57, 
 66. 
 
 261 
 
 Appndx. 
 
262 
 
 Table of Notices, 
 
 Appndx. 
 
 Official 
 No. of 
 Notice. 
 
 27 
 
 Description of Notice. 
 
 Notice of intention to employ male 
 young persons on night shifts. 
 
 (In trades in which continuous 
 processes are carried on, young 
 persons may be employed at 
 night on alternate weeks.) 
 
 Notice of intention to employ male 
 young persons over 16 as adults 
 on two nights a week on news- 
 paper work. 
 
 Notice of intention to employ male 
 young persons during the accus- 
 tomed hours of the trade in glass 
 works. 
 
 (i.e.^ on night and day shifts with 
 an equivalent interval for rest 
 between periods of employment.) 
 
 Reports under Cotton Cloth 
 Factories Act. 
 
 Thermometer records. 
 Limits of humidity. 
 
 41 Vict. c. 16, 88. 58, 
 66, Sched. 3, part 
 6. 
 
 41 Vict. c. 16, 88. 59, 
 66. 
 
 41 Vict. c. 16, 88. 60, 
 66. 
 
 52 & 53 Vict. c. 62, 
 
 8.7. 
 
Form of Notice of Accident, 263 
 
 , Appndx. 
 
 FORM OF NOTICE OF ACCIDENT 
 
 to be sent to h. m. inspector of factories and 
 Workshops for the District, and the 
 Certifying Surgeon of the District. 
 
 Name and address of firm 
 
 Nature of industry carried 
 on - - - - 
 
 Date of accident ... 
 Full name of injured person 
 Age of injured person- 
 Occupation of injured per- 
 son . - - - 
 
 Residence of injured person 
 (street and number) 
 
 Place to which injured 
 person has been re- 
 moved - - - - 
 
 Nature of injury, i.e.^ parts 
 injured ... 
 
 Nature of injury, slight or 
 severe - -. - 
 
 By what part of what 
 machinery in motion - 
 
 Or in what other way caused 
 (see (a) and (V) above) 
 
 Signature of Occupier, Manager, 
 or Agent 
 
 Date 
 
264 Truck Act, 1831. 
 
 Appndx. 
 
 TEUCK ACT, 1831. 
 
 1 & 2 Will. 4, Cap. 37. 
 
 An Act to prohibit the Payment^ in certain Trades^ 
 of Wages in Goods, or otherwise than in the 
 Current Coin of the Bealm. 
 
 [15th October, 1831.] 
 
 Whebeas it is necessary to prohibit the payment, 
 in certain trades, of wages in goods, or otherwise 
 than in the current coin of the realm ; be it there- 
 fore enacted .... that in all contracts (a) 
 Sr^the^*^ hereafter to be made for the hiring of any artificer 
 aSflrcrs [^'^ ^^2/ ^/ ^^^ trades hereinafter enumerated'] (b) or 
 mu^he for the performance by any artificer of any labour 
 current coin [m any of the said trades], (b) the wages of such 
 reaJm ; artificer shall be made payable in the current coin 
 of this realm only, and not otherwise ; and that if 
 in any such contract, the whole or any part of such 
 wages, shall be made payable in any manner other 
 than in the current coin aforesaid, such contract 
 shall be and is hereby declared illegal, null, and 
 void. 
 
 (a) Eor definition of contract, see section 25. See also the 
 Act of 1887, s. 6 (p. 272). 
 
 (b) The above words italicised and enclosed within square 
 brackets wherever they occur in this and subsequent sections 
 refer to the repealed section 19, and are repealed by the Statute 
 Law Revision Act, 1891. 
 
 and must 2 If in any contract hereafter to be 
 
 anystipu- made between any artificer [in any of tlie trades 
 the manner^ hereinafter enumerated] and his employer, any pro- 
 the'^wages vision shall be made directly or indirectly respecting 
 expended. *^6 place where, or the manner in which, or the 
 person or persons with whom, the whole or any 
 part of the wages due or to become due to any such 
 
r 
 
 Truck Act, 1831. 265 
 
 artificer shall be laid out or expended, such con- Appndx. 
 tract shall be and is hereby declared illegal, null, 
 and void. 
 
 3 The entire amount of the wages au wages 
 
 Must be 
 
 earned by or payable to any artificer [m any of the paid to the 
 trades hereinafter emmierated] in respect of any in coin, 
 labour by him done [m any such trade'] shall be 
 actually paid to such artificer in the current coin of Payment 
 this realm, and not otherwise ; and every payment declared 
 made to any such artificer by his employer, of or in ^ ^^^ " 
 respect of any such wages, by the delivering to him 
 of goods, or otherwise than in the current coin 
 aforesaid, except as hereinafter mentioned, shall be 
 and is hereby declared illegal, null, and void. 
 
 Bank notes, if artificer consents, are as effectual in payment 
 as the current coin (s. 8). 
 
 4 Every artificer [in any of the ^^^f^recover 
 
 trades hereinafter ejiumerated'] shall be entitled to ^^t^^Jj^jj^ 
 recover from his employer \in any such trade] , in the current 
 the manner by law provided for the recovery of 
 servant's wages, or by any other lawful ways and 
 means, the whole or so much of the wages earned 
 by such artificer in such trade as shall not have 
 been actually paid to him by such his employer in 
 the current coin of this realm. 
 
 5 In any action, suit, or other Jn an action 
 
 T ,. 1 1 T brought for 
 
 proceeding to be hereafter brought or commenced wages no 
 by any such artificer as aforesaid, against his be allowed 
 employer, for the recovery of any sum of money suppSd^ 
 due to any such artificer as the wages of his labour empfoyer, 
 [m any of the trades hereinafter enumerated] the sho^/in"^ 
 defendant shall not be allowed to make any set-off, JjJpioyJ^/jg 
 nor to claim any reduction of the plaintiff's demand, interested, 
 by reason or in respect of any goods, wares, or 
 merchandise had or received by the plaintiff as or on 
 
266 
 
 Truck Act, 1831. 
 
 Appndx. account of his wages or in reward for his labour, or 
 by reason or in respect of any goods, wares, or 
 merchandise sold, delivered, or supplied to such 
 artificer at any shop or warehouse kept by or 
 belonging to such employer, or in the profits of 
 which such employer shall have any share or 
 interest. 
 
 No em. 
 I)loyer shall 
 have any 
 action 
 aguinst his 
 artificer 
 lor goods 
 supplied to 
 him on 
 account of 
 w aires. 
 
 See also Truck Act, 1887, s. 6, 
 
 6 No employer of any artificer \in 
 
 any of the trades hereinafter enumerated] shall have 
 or be entitled to maintain any suit or action in any 
 court of law or equity against any such artificer, for 
 or in respect of any goods, wares, or merchandise 
 sold, delivered, or supplied to any such artificer by 
 any such employer, whilst in his employment, as or 
 on account of his wages or reward for his labour, or 
 for or in respect of any goods, wares, or merchandise 
 sold, delivered, or supplied to such artificer at any 
 shop or warehouse kept by or belonging to such 
 employer, or in the profits of which such employer 
 shall have any share or interest. 
 
 SeeTruck Act,1887, s. 5. 
 
 7. [-Z/ the artificer or his wife or children become 
 chargeable to the parish, the overseers may recover 
 any wages earned within the three preceding months, 
 and not paid in cash.] 
 
 8. [Not to invalidate the payment of wages in bank 
 notes, if artificer consents."] 
 
 It is not necessary for the purposes of this book to give these 
 two sections in full. 
 
 Penalties on Q Any employer of any artificer 
 
 employers .. . ^ *' ^ J J 
 
 entering [^7i any of the trades hereinafter enumerated] , who- 
 
Truck Act, 1831. 261 
 
 shall, by himself, or by the agency of any other Appndx. 
 person or persons, directly or indirectly enter into into con- 
 any contract or make any payment hereby declared hereby 
 illegal, shall for the first offence forfeit a sum not uiegair 
 exceeding ten pounds [nor less than five 'pounds'] ,(a) 
 and for the second offence any sum not exceeding 
 twenty pounds nor less than ten pounds, and in the 
 case of a third offence any such employer shall be 
 and be deemed guilty of a misdemeanor, and being 
 thereof convicted, shall be punished by fine only, 
 at the discretion of the com-t, so that the fines 
 shall not in any case exceed the sum of one 
 hundred pounds. 
 
 {a) Repealed by the Summary Jurisdiction Act, 1884. 
 
 10. [Proviso as to second and third convictions.'] 
 
 11. {The power of justices to compel the attendance 
 of witnesses y and 
 
 12. To levy penalties by distress.] (a) 
 
 ia) These sections were repealed by the Act of 1887 (50 & 51 
 Vict. c. 46), sched. ; the enforcement of the provisions of the 
 Act being under the Summary Jurisdiction Act, 
 
 13 No person shall be liable to be a partner 
 
 convicted of any offence against this Act committed iiabie in 
 by his or her co-partner in trade, and without his the^oflence 
 or her knowledge, privity, or consent ; but it shall partner%ut 
 be lawful, when any penalty, or any sum for wages, gJ?,P^/(J,"®''~ 
 or any other sum, is ordered to be paid under the ^0^1^^*^''® 
 authority of this Act, and the person or persons 
 ordered to pay the same shall neglect or refuse to 
 do so, to levy the same by distress and sale of any 
 goods belonging to any co-partnership, concern or 
 business in the carrying on of which such charges 
 may have become due or such offence may have 
 
268 
 
 Truck Act, 1831. 
 
 Appndx. 
 
 How sum- 
 monses 
 are to be 
 served. 
 
 been committed ; and in all proceedings under this 
 Act to recover any sum due for wages it shall be 
 lawful in all cases of co-partnership for the justices, 
 at the hearing of any complaint for the non-payment 
 thereof, to make an order upon any one or more 
 co-partners for the payment of the sum appearing 
 to be due ; and in such case the service of a copy 
 of any summons or other process, or of any order, 
 upon one or more of such co-partners, shall be 
 deemed to be a sufficient service upon all. 
 
 14 In all cases it shall be deemed 
 
 and taken to be sufficient service of any summons 
 to be issued against any offender or offenders by 
 any justice or justices of the peace, under the 
 authority of this Act, if a duplicate or true copy of 
 the same be left at or upon the place used or 
 occupied by such offender or offenders for carrying 
 on his, her, or their trade or business, or at the 
 place of residence of any such offender or offenders, 
 being at or upon any such place as aforesaid, the 
 same being directed to such offender or offenders 
 by his, her, or their right or assumed name or 
 names. 
 
 Convictions 
 not to be 
 quashed :i 
 for want 
 of form. 
 
 15, 16. [Belating to forms of conviction^ del 
 
 These two sections were repealed by the Act of 1887 (50 & 51 
 Vict. c. 46), sched. 
 
 17, .... No conviction, order, or adjudi- 
 cation made by any justices of the peace under the 
 provisions of this Act shaU be quashed for want of 
 form, nor be removed by certiorari or otherwise 
 into any of His Majesty's superior Courts of Eecord ; 
 [and no warrant of distress, or of commit^nents. in 
 default of sufficient distress, shall he held void by 
 reason of any defect therein, inovided it he therein 
 
Truck Act, 1831. 269 
 
 alleged that the party has been convicted, arid there he Appndx. 
 a good and valid conviction to sustaifi the same.]{a) 
 
 (a) Repealed except as to Ireland by the Statute Law Revision 
 Act, 1891. 
 
 18. [As to power of justices to award penalties.] 
 
 19. [Specification of trades to which the Act is 
 to apply.] 
 
 These last two sections are repealed by the Act of 1887. 
 
 20 Nothing herein contained shall Domestics. 
 
 extend to any domestic servant. 
 
 21, 22. [As to penalties, jurisdiction of justices, 
 
 (&C.] 
 
 These two sections are repealed by the Act of 1887. 
 
 23 Nothing herein contained shall Particular 
 
 '^ exceptions 
 
 extend or be construed to extend to prevent any to the 
 employer of any artificer, or agent of any such of the^aw. 
 employer, from supplying or contracting to supply 
 to any such artificer any medicine or medical 
 attendance, or any fuel, or any materials, tools, or 
 implements to be by such artificer employed in his 
 trade or occupation, if such artificers be employed 
 in mining, or any hay, corn, or other provender to 
 be consumed by any horse or other beast of burden 
 employed by any such artificer in his trade and 
 occupation ; nor from demising to any artificer 
 [workman, or labourer employed in any of the trades 
 or occupations enumerated in this Act] the whole or 
 any part of any tenement at any rent to be thereon 
 reserved ; nor from supplying or contracting to 
 supply to any such artificer any victuals dressed or 
 prepared under the roof of any such employer, and 
 there consumed by such artificer ; nor from making 
 or contracting to make any stoppage or deduction 
 
270 
 
 Truck Act, 1831. 
 
 Appndx. from the wages of any such artificer, for or in respect 
 of any such rent ; or for or in respect of any such 
 medicine or medical attendance ; or for or in respect 
 of such fuel, materials, tools, implements, hay, 
 corn, or provender, or of any such victuals dressed 
 and prepared under the roof of any such employer ; 
 or for or in respect of any money advanced to such 
 artificer for any such purpose as aforesaid : Pro- 
 vided always, that such stoppage or deduction shall 
 not exceed the real and true value of such fuel, 
 materials, tools, implements, hay, corn, and pro- 
 vender, and shall not be in any case made from 
 the wages of such artificer, unless the agreement or 
 contract for such stoppage or deduction shall be in 
 writing, and signed by such artificer. 
 
 Deductions for sharpening tools, &c., are not to be made 
 without the consent in writing of the workman. See Truck Act, 
 1887, s. 8. 
 
 Accounts of deductions for education, medical attendance, and 
 tools are to be rendered and audited. See Truck Act, 1887, s. 9. 
 
 Employers 
 
 may 
 
 advance 
 
 money to 
 
 artificers 
 
 for certain 
 
 purposes. 
 
 24. .... Nothing herein contained shall 
 extend or be construed to extend to prevent any 
 such employer from advancing to any such artificer 
 any money to be by him contributed to any friendly 
 society or bank for savings duly estabhshed according 
 to law, nor from advancing to any such artificer any 
 money for his relief in sickness, or for the education 
 of any child or children of such artificer, nor from 
 deducting or contracting to deduct any sum or 
 sums of money from the wages of such artificer for 
 the education of any such child or children of such 
 artificer .... 
 See Truck Act, 1887, ss. 7, 8, 9. 
 
 Definition 25. • • • -In the meaning and for the purposes 
 of this Act any agreement, understanding, device, 
 contrivance, collusion, or arrangement whatsoever 
 
Ti'uch Amendment Act, 1887. 271 
 
 on the subject of wages, whether written or oral, Appndx. 
 whether direct or indirect, to which the employer 
 and artificer are parties or are assenting, or by 
 which they are mutually bound to each other, or 
 whereby either of them shall have endeavoured to 
 impose an obhgation on the other of them, shall be 
 and be deemed a " contract." 
 
 26. [Commencement of ActJ] 
 
 27. [To extend over Great Britain and Ireland.] 
 
 TRUCK AMENDMENT ACT, 1887. 
 
 50 & 51 Vict. Cap. 46. 
 
 All Act to amend and extend the Law relatitig to 
 Truck. [16th September, 1887.] 
 
 Be it enacted .... as follows : 
 
 1. This Act may be cited as the Truck Amend- short title, 
 ment Act, 1887. The Act of the session of the first 
 
 and second years of the reign of King William the 
 Fourth, chapter thirty-seven, intituled " An Act to i<fe2Wiii.4, 
 prohibit the payment in certain trades of wages in 
 goods or otherwise than in the current coin of the 
 realm " (in this Act referred to as the principal 
 Act) may be cited as the Truck Act, 1831, and 
 that Act and this Act may be cited together as the 
 Truck Acts, 1831 and 1887, and shall be construed 
 together as one Act. 
 
 2. The provisions of the principal Act shall Application 
 extend to, apply to, and include any workman as Act^to*^'^^ 
 defined in the Employers and Workmen Act, 1875, rJeflmd 
 section ten, and the expression " artificer " in the vTctfa 90. 
 
272 
 
 Truck Amendment Act, 1887. 
 
 Appndz. principal Act shall be construed to include every 
 workman to whom the principal Act is extended 
 and applied by this Act, and all provisions and 
 enactments in the principal Act inconsistent here- 
 with are hereby repealed. 
 
 The Employers and Workmen Act 1875 (38 & 39 Vict. c. 90)^ 
 s. 10, enacts as follows : — 
 
 Workman does not include a domestic or menial servant, bnt, 
 save as aforesaid, means any person who, being a labourer^ 
 servant in husbandry, journeyman, artificer, handicraftsman, 
 miner, or otherwise engaged in manual labour, whether under 
 the age of twenty-one years or above that age, has entered into 
 or works under a contract with an employer, whether the contract 
 be made before or after the passing of this Act, be expressed or 
 implied, oral or in writing, and be a contract of service or a 
 contract personally to execute any work or labour. 
 
 wagS** °^ 3. Whenever by agreement, custom, or otherwise 
 a workman is entitled to receive in anticipation of 
 the regular period of the payment of his wages an 
 advance as part or on account thereof, it shall not 
 be lawful for the employer to withhold such advance 
 or make any deduction in respect of such advance 
 on account of poundage, discount, or interest, or 
 any similar charge. 
 
 Saving for 
 servant In 
 husbandry 
 
 4. Nothing in the principal Act or this Act shall 
 render illegal a contract with a servant in husbandry 
 for giving him food, drink, not being intoxicating, 
 a cottage, or other allowances, or privileges in 
 addition to money wages as a remuneration for his 
 services. 
 
 Order for 5, In any action brought by a workman for the 
 deduction recovery of his wages, the employer shall not be 
 iUe^iT^^^^ entitled to any set off or counter-claim in respect of 
 any goods supplied to the workman by any person 
 under any order or direction of the employer, or 
 any agent of the employer, and the employer of a 
 workman or any agent of the employer, or any 
 
Truck Amendment Act, 1887. 273 
 
 person supplying goods to the workman under any Appndx. 
 order or direction of such employer or agent, shall 
 not be entitled to sue the workman for or in 
 respect of any goods supplied by such employer or 
 agent, or under such order or direction, as the case 
 may be. 
 
 Provided that nothing in this section shall apply 
 to anything excepted by sectiont wenty-three of the 
 principal Act. 
 
 6. No employer shall, directly or indirectly, by No con- 
 
 1 . T« 1 . , . T... tracts with 
 
 himself or his agent, impose as a condition, express workman 
 or implied, in or for the employment of any work- fng Va^e^*^ 
 man any terms as to the place at which, or the paxt"cuiar 
 manner in which, or the person with whom, a^^y ^^^P' Se- 
 wages or portion of wages paid to the workman are 
 or is to be expended, and no employer shall by 
 himself or his agent dismiss any workman from his 
 employment for or on account of the place at which, 
 or the manner in which, or the person with whom, 
 any wages or portion of wages paid by the employer 
 to such workman are or is expended or fail to be 
 expended. 
 
 7. Where any deduction is made by an employer Deduction 
 from a workman's wages for education, such work- tion^ "^^' 
 man on sending his child to any State -inspected 
 school selected by the workman shall be entitled to 
 
 have the school fees of his child at that school paid 
 by the employer at the same rate and to the same 
 extent as the other workmen from whose wages the 
 like deduction is made by such employer. 
 
 In this section '* State-inspected " school means 
 any elementary school inspected under the direction 
 of the Education Department in England or Scot- 
 land or of the Board of National Education in 
 Ireland. 
 
274 Truck Amendment Act, 1887. 
 
 Appndx. 8. No deduction shall be made from a workman's 
 Deduction wages for sharpening or repairing tools, except by 
 tog tooiT"" agreement not forming part of the condition of 
 hiring. 
 
 &C. 
 
 Audit of 9, "Where deductions are made from the wages 
 
 of any workmen for the education of children or in 
 respect of medicine, medical attendance, or tools, 
 once at least in every year the employer shall, by 
 himself or his agent, make out a correct account of 
 the receipts and expenditure in respect of such 
 deductions, and submit the same to be audited by 
 two auditors appointed by the said workmen, and 
 shall produce to the auditors all such books, 
 vouchers, and documents, and afford them all such 
 other facilities as are required for such audit. 
 
 Artificer 10. Where articles are made by a person at his 
 
 fncaBh^ind own home, or otherwise, without the employment 
 Sbarter*^ of any person under him except a member of his 
 ^orart^cies Q^j^ family, the principal Act and this Act shall 
 him. apply as if he were a workman, and the shopkeeper, 
 
 dealer, trader, or other person buying the articles 
 in the way of trade were his employer, and the pro- 
 visions of this Act with respect to the payment of 
 wages shall apply as if the price of an article were 
 wages earned during the seven days next preceding 
 the date at which any article is received from the 
 workman by the employer. 
 
 This section shall apply only to articles under 
 the value of five pounds knitted or otherwise manu- 
 factured of wool, worsted, yarn, stuff, jersey, linen, 
 fustian, cloth, serge, cotton, leather, fur, hemp, 
 flax, mohair, or silk, or of any combination thereof, 
 or made or prepared of bone, thread, silk, or cotton 
 lace, or of lace made of any mixed materials. 
 
Truch Amendment Act, 1887. 275 
 
 Where it is made to appear to Her Majesty the Appndx. 
 Queen in Council that, in the interests of persons 
 making articles to which this section applies in any 
 county or place in the United Kingdom, it is 
 expedient so to do, it shall be lawful for Her 
 Majesty, by Order in Council, to suspend the 
 operation of this section in such county or place, 
 and the same shall accordingly be suspended, either 
 wholly or in part, and either with or without any 
 limitations or exceptions, according as is provided 
 by the Order. 
 
 11. If any employer or his agent contravenes or Offences, 
 fails to comply with any of the foregoing provi- 
 sions of this Act, such employer or agent, as the 
 
 case may be, shall be guilty of an offence against 
 the principal Act, and shall be liable to the 
 penalties imposed by section nine of that Act, as if 
 the offence were such an offence as in that section 
 mentioned. 
 
 12. (1.) Where an offence for which an employer Fine on 
 is, by virtue of the principal Act or this Act, liable muting 
 to a penalty has in fact been committed by some wMcu em- 
 agent of the employer or other person, such agent nSeyand 
 or other person shall be liable to the same penalty emiXyer 
 as if he were the employer. WmseiT^'^ 
 
 (2.) Where an employer is charged with an ^^^^l^^ 
 offence against the principal Act or this Act he shall conviction 
 be entitled, upon information duly laid by him, to offender. 
 have any other person whom he charges as the 
 actual offender brought before the court at the time 
 appointed for hearing the charge, and if, after the 
 commission of the offence has been proved the 
 employer proves to the satisfaction of the court 
 that he had used due diligence to enforce the 
 t2 
 
276 Truck Amendment Act, 1887. 
 
 Appndx. execution of the said Acts, and that the said other 
 person had committed the offence in question with- 
 out his knowledge, consent, or connivance, the said 
 other person shall be summarily convicted of such 
 offence, and the employer shall be exempt from 
 any penalty. 
 
 When it is made to appear to the satisfaction of 
 an inspector of factories or mines, or in Scotland a 
 procurator fiscal, at the time of discovering the 
 offence, that the employer had used due diligence to 
 enforce the execution of the said Acts, and also by 
 what person such offence had been committed, and 
 also that it had been committed without the know- 
 ledge, consent, or connivance of the employer, then 
 the inspector or procurator fiscal shall proceed 
 against the person whom he believes to be the 
 actual offender in the first instance without first 
 proceeding against the employer. 
 
 ^TutS ^'^ 13- (-*-) -^^y offence against the principal Act 
 or this Act may be prosecuted, and any penalty 
 therefor recovered in manner provided by the 
 Summary Jurisdiction Acts, so, however, that no 
 penalty shall be imposed on summary conviction 
 exceeding that prescribed by the principal Act for a 
 second offence. 
 
 (2.j It shall be the duty of the inspectors of fac- 
 tories and the inspectors of mines to enforce the 
 provisions of the principal Act and this Act within 
 their districts so far as respects factories, work- 
 shops, and mines inspected by them respectively, 
 and such inspectors shall for this purpose have the 
 same powers and authorities(<z) as they respectively 
 have for the purpose of enforcing the provisions 
 of any Acts relating to factories, workshops, or 
 mines, and all expenses incurred by them under 
 this section shall be defrayed out of moneys pro- 
 vided by Parliament. ^ 
 
Truck Amendment Act, 1887. 277 
 
 (3.) In England all penalties recovered under the Appndx 
 principal Act and this Act shall be paid into the ~ 
 receipt of Her Majesty's Exchequer, and be carried 
 to the Consolidated Fund. 
 
 (4.) In Scotland— 
 
 {a.) The procurators fiscal of the sheriff court 
 shall, as part of their official duty, investi- 
 gate and prosecute offences against the 
 principal Act or this Act, and such prose- 
 cution may also be instituted in the sheriff 
 court at the instance of any inspector of 
 factories or inspector of mines ; 
 
 {h.) AU offences against the said Acts shall be 
 prosecuted in the sheriff court. 
 
 (a) See section 68 of the Act of 1878 (p. 87, ante). 
 
 14. In this Act, unless the context otherwise i>efinitioBs. 
 requires, — 
 
 The expression "Summary Jurisdiction Acts" 
 means, as respects England, the Summary 
 Jurisdiction Acts as defined by the Summary 
 Jurisdiction Act, 1879 ; and, as respects Scot- 
 land, means the Summary Jurisdiction (Scot- 
 land) Acts, 1864 and 1881, and any Acts 
 amending the same : 
 
 Other expressions have the same meaning as in 
 the principal Act. 
 
 15. So much of the principal Act as disqualifies Disquaiifi- 
 any justice from acting as such under the principal justice. 
 Act is hereby repealed. 
 
 A person engaged in the same trade or occupa- 
 tion as an employer charged with an offence against 
 the principal Act or this Act shall not act as a 
 justice of the peace in hearing and determining 
 such charge. 
 
278 Truch Amendment Act, 1887. 
 
 Appndx. 16. The provisions of the principal Act conferring 
 Amendment powers on any overseers or overseer of the poor 
 Will. 4," shall be deemed to confer those powers in the case 
 overemi* ^^ England on the guardians of a union, and in the 
 case of Scotland on the inspectors of the poor. 
 
 Repeal. 17, The Acts mentioned in the Schedule to this 
 
 Act are hereby repealed to the extent in the third 
 column of the said Schedule mentioned, without 
 prejudice to anything heretofore done or suffered in 
 respect thereof. 
 
 Ap])iication 18. The principal Act, so far as it is not hereby 
 iroiand.'^ repealed, and this Act shall extend to Ireland, sub- 
 ject to the following conditions : — 
 
 (1.) Any offence against the principal Act or this. 
 Act may be prosecuted and any penalty 
 therefor may be recovered in the manner 
 provided by the Summary Jurisdiction 
 (Ireland) Acts ; (that is to say,) within the 
 Dublin Metropolitan Police District the 
 Acts regulating the powers and duties of 
 justices of the peace and of the police of 
 that district, and elsewhere in Ireland the 
 Petty Sessions (Ireland) Act, 1851, and 
 the Acts amending the same : 
 
 (2.) Penalties recovered under the principal Act 
 or this Act shaU be applied in the manner 
 directed by the Fines (Ireland) Act, 1851, 
 and the Acts amending the same. 
 
Truck Amendment Act, 1887. 
 SCHEDULE. 
 
 279 
 
 Appndx. 
 
 Session and 
 Chapter. 
 
 Title of Act. 
 
 Extent of Repeal 
 
 12 Geo. 1, 
 c. 34. 
 
 22 Geo. 2, 
 c. 27. 
 
 30 Geo. 2, 
 c. 12. 
 
 57 Geo. 3, 
 c. 115. 
 
 57 Geo. 3, 
 c. 122. 
 
 An Act to prevent un- 
 lawful combinations 
 of workmen employed 
 in the woollen manu- 
 factures, and for 
 better payment of 
 their wages. 
 
 An Act, the title of 
 which begins with 
 " An Act for the 
 more effectual pre- 
 venting of frauds," 
 and ends with the 
 words "and for the 
 better payment of 
 their wages." 
 
 An Act, the title of 
 which begins with 
 the words ' ' An Act 
 to amend an Act," 
 and ends with the 
 words "payment of 
 the workmen's wages 
 in any other manner 
 than in money.'' 
 
 An Act, the title of 
 which begins with 
 the words "An Act 
 to extend the provi- 
 sions of an Act," and 
 ends with the words 
 " articles of cutlery." 
 
 An Act, the title of 
 which begins with 
 the words " An Act 
 to extend the provi- 
 sions, and ends with 
 the words " extending 
 the provisions of the 
 said Acts to Scotland 
 and Ireland." 
 
 Section three, and so 
 much of section eight 
 as applies to section 
 three. 
 
 So much of section 
 twelve as applies to 
 any enactment re- 
 pealed by this Act. 
 
 Sections two and three. 
 
 The whole Act. 
 
 The whole Act. 
 
280 
 
 Education Acts. 
 
 Appndx. 
 
 SCHEDULE— c(m«inMe(7. 
 
 ' Session and 
 
 
 
 Chapter. 
 
 Title of Act. 
 
 Extent of RepeaL 
 
 l&2Wm.4, 
 
 An Act to prohibit the 
 
 Section ten, down to 
 
 c. 37. 
 
 payment in certain 
 
 "be produced to the 
 
 
 trades of wages in 
 
 court and jury " in- 
 
 
 goods or otherwise 
 
 clusive; section eleven, 
 
 
 than in the current 
 
 section twelve, section 
 
 
 coin of the realm. 
 
 fifteen, section sixteen, 
 section eighteen, sec- 
 tion nineteen, in sec- 
 tion twenty the words 
 "or servant in hus- 
 bandry"; section 
 twenty-one, section 
 twenty-two, section 
 twenty-four from "and 
 unless the agreement " 
 inclusive to end of 
 section, and section 
 twenty-five from "all 
 workmen " to " pur- 
 poses aforesaid " both 
 inclusive, and the 
 schedules. 
 
 ELEMENTAEY EDUCATION ACT, 1876. 
 39 & 40 Vict. Cap. 79. 
 
 7. Provided that it shall be the duty of the 
 inspector and sub-inspector acting under the Acts 
 regulating factories, workshops, and mines respec- 
 tively, 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 inspectors and sub-inspectors 
 in the performance of their duty by information and 
 otherwise. 
 
 The penalty for the contravention of this Act is as follows by 
 section 6 : — Every person who takes a child into his employ- 
 ment in contravention of this Act shall be liable on summary 
 conviction to a penalty not exceeding forty shillings. 
 
Education Acts, 281 
 
 Appndx. 
 ELEMENTARY EDUCATION ACT, 1880. — 
 
 43 & 44 Vict. Cap. 23. 
 
 4. Every person who takes into his employment 
 a child of the age of ten years, and under the age of 
 thirteen years resident in a school district, before 
 that child has obtained a certificate of having 
 reached the standard of education fixed by 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, 1876, and shall be 
 liable to a penalty accordingly. 
 
 This enactment now applies to children employed in factories 
 and workshops between the ages of eleven and thirteen. See 
 the Factory and Workshop Act of 1891, s. 18. 
 
 The penalty for contravention of the section under the 
 Elementary Education Act, 1876, s. 6, is not to exceed forty 
 shillings. 
 
 EDUCATION (SCOTLAND) ACT, 1883. 
 
 46 & 47 Vict. Cap. 50. 
 
 6, From and after the first day of September, Provisions 
 one thousand eight hundred and eighty-five, not- dren em- 
 withstanding the provisions of section five of the fabour.^" 
 Education (Scotland) Act, 1878, and of any Act of 
 Parliament regulating the education of children 
 employed in labour, the said Acts shall be read and 
 have effect as if they provided that it shall not be 
 lawful for any person to take into his employment 
 a child being of the age of ten years and not more 
 than fourteen years, unless such child (1) has 
 passed the third standard prescribed by the 
 minutes of the Scotch Education Department 
 
282 Education Acts. 
 
 Appndx. regulating the administration of the parliamentary 
 grant for education in Scotland for the year one 
 thousand eight hundred and eighty- three, or a 
 corresponding standard prescribed by the said 
 minutes for any subsequent year, and is attending 
 a public or inspected school in accordance with the 
 provisions of the twenty-third section of the Factory 
 and Workshop Act, 1878, or of any minute of the 
 Scotoh Education Department fixing the number 
 of the attendances at school to be required of such 
 children ; or (2) has obtained a certificate of ability 
 to read and write, and of a knowledge of elementary 
 arithmetic under the seventy -third section of the 
 Education (Scotland) Act, 1872, as amended by the 
 immediately succeeding section. 
 
 Nothing in this section shall make it lawful to 
 take into full-time employment any child under the 
 age of thirteen years in a factory or workshop which 
 is subject to the provisions of the Factory and 
 Workshop Act, 1878. 
 
 Provided that nothing in this section shall pre- 
 vent an employer from employing any child who is 
 employed by him or by any other person before the 
 first day of September, one thousand eight hundred 
 and eighty-five, and who attends school in 
 accordance with the provisions of the Factory and 
 Workshop Act, 1878. 
 
 Amendment 7. A certificate of ability to read and write, and 
 
 theEduca. of a knowledge of elementary arithmetic, shall not 
 
 land) Act, ^® granted in favour of any child by one of Her 
 
 ^^"^^ Majesty's inspectors, under section seventy-three of 
 
 the Education (Scotland) Act, 1872, unless such 
 
 child has passed the fifth standard prescribed by 
 
 the minutes of the Scotch Education Department 
 
 regulating the administration of the parliamentary 
 
 grant for education in Scotland for the year one 
 
Prevention of Cruelty to Children Act, 1894. 283 
 
 thousand eight hundred and eighty-three or a cor- Appndx, 
 responding standard prescribed by the said minutes 
 for any subsequent year. 
 
 8, Passing a standard within the meaning of the ^ggw^ 
 two immediately preceding sections signifies pass- standard, 
 ing in each of the three subjects of reading, writing, 
 and elementary arithmetic, as prescribed for the 
 respective standards of examination hy the minutes 
 of the Scotch Education Department regulating 
 the administration of the parliamentary grant for 
 education in Scotland for the year one thousand 
 eight hundred and eighty-three, or for any subse- 
 quent year. 
 
 PREVENTION OF CRUELTY TO CHILDREN 
 ACT, 1894. 
 
 57 & 58 Vict. Cap. 41. 
 
 3. (1.) A petty sessional court, or in Scotland Licence? for 
 
 **• V / r' J » ^ employment 
 
 the School Board, may, notwithstanding anything of children, 
 in this Act, grant a licence for such time and during 
 such hours of the day, and subject to such restric- 
 tions and conditions as the court or board think 
 fit, for any child exceeding seven years of age, — 
 (a.) To take part in any entertainment or series 
 of entertainments to take place in premises 
 licensed according to law for public enter- 
 tainments, or in any circus or other place 
 of public amusement as aforesaid ; or 
 (6.) To be trained as aforesaid ; or 
 (c.) For both purposes ; 
 if satisfied of the fitness of the child for the purpose, 
 and if it is shown to their satisfaction that proper 
 provision has been made to secure the health and 
 
584 Prevention of Cruelty to Children Act, 1894. 
 
 Appndx. kind treatment of the children taking part in the 
 entertainment or series of entertainments or being 
 trained as aforesaid, and the court or board may, 
 upon sufficient cause, vary, add to, or rescind any 
 such licence. 
 
 Any such licence shall be sufficient protection to 
 all persons acting under or in accordance with the 
 same. 
 
 (2.) A Secretary of State may assign to any in- 
 spector appointed under section sixty- seven of the 
 <•. 16. * Factory and Workshop Act, 1878, specially and in 
 addition to any other usual duties, the duty of 
 seeing whether the restrictions and conditions of 
 any licence under this section are duly complied 
 with, and any such inspector shall have the same 
 power to enter, inspect, and examine any place of 
 public entertainment at which the employment of 
 a child is for the time being licensed under this 
 section as an inspector has to enter, inspect, 
 and examine a factory or workshop under section 
 sixty-eight of the same Act. 
 
 (3.) Where any person applies for a licence under 
 this section he shall, at least seven days before 
 making the application, give notice thereof to the 
 chief officer of police for the district in which the 
 licence is to take effect, and that officer may appear 
 or instruct some person to appear before the autho- 
 rity hearing the application, and show cause why 
 the licence should not be granted, and the authority 
 to whom the application is made shall not grant 
 the same unless they are satisfied that notice has 
 been properly so given. 
 
 (4.) Where a licence is granted under this sec- 
 tion to any person, that person shall, not less than 
 ten days after the granting of the licence, cause a 
 copy thereof to be sent to the inspector of factories 
 
Public Health Acts, 285 
 
 and workshops acting for the district in which the Appndx. 
 Hcence is to take effect, and if he fails to cause 
 such copy to be sent, shall be liable on summary- 
 conviction to a fine not exceeding five pounds. 
 
 (5.) Nothing in this or in the last preceding sec- 
 tion shall affect the provisions of the Elementary gg ^ ^^ ^..^.^ 
 Education Act, 1876, or the Education (Scotland) c-7». 
 
 ^ ^„^ ' ' ^ / 41 & 42 Vict 
 
 Act, 1878. C.78. 
 
 The penalty for illegally employing children under this Act 
 is a fine not exceeding 25Z., or in default of payment, or in addi- 
 tion thereto, imprisonment for not exceeding three months (s. 2). 
 
 A special form of licence has been drawn up, and is used in 
 the Metropolitan Police Division : it prescribes the hours for 
 rehearsal and performance with proper intervals ; the safe con- 
 duct and care of the child ; and authorises the inspector to 
 require proof of age and to interfere if the employment of the 
 child appear to be injurious. 
 
 For powers of inspector to make full investigation, see p. 87, 
 avte. 
 
 \ 
 
 PUBLIC HEALTH ACT, 1875. 
 38 & 39 Vict. Cap. 55. 
 
 38. Where it appears to any local authority by 
 the report of their surveyor that any house is used 
 or intended to be used as a factory or building in 
 which persons of both sexes are employed or in- 
 tended to be employed at one time in any manu- 
 facture, trade or business, the local authority may, 
 if they think fit, by written notice require the owner 
 or occupier of such house, within the time therein 
 specified, to construct a sufficient number of water- 
 closets earth-closets or privies and ashpits for the 
 separate use of each sex. 
 
 Any person who neglects or refuses to comply 
 with any such notice shall be liable for each default 
 to a penalty not exceeding twenty pounds, and to 
 
2SQ Public Health Acts. 
 
 Appndx. a further penalty not exceeding forty shillings for 
 every day during which the default is continued. 
 
 Failure to make adequate provision as above required is now 
 an offence punishable under the Factory Acts, by section 35 of 
 the Factory Act of 1895 (see p. 228). 
 
 91. (6.) Any factory, workshop, or workplace (not 
 already under the operation of any general Act for 
 the regulation of factories or bakehouses) not kept 
 in a cleanly state, or not ventilated in such a 
 manner as to render harmless as far as practicable 
 any gases vapours dust or other impurities 
 generated in the course of the work carried on 
 therein that are a nuisance or injurious to health, 
 or so overcrowded while work is carried on as to 
 be dangerous or injurious to the health of those 
 employed therein shall be deemed to be a nuisance 
 liable to be dealt with summarily in manner 
 provided by this Act. 
 
 PUBLIC HEALTH ACTS AMENDMENT 
 ACT, 1890. 
 
 53 & 54 Vict. Cap. 59. 
 
 22. (1-) Every building, used as a workshop or 
 manufactory, or where persons are employed or 
 intended to be employed in any trade or business, 
 whether erected before or after the adoption of this 
 part of this Act in any district, shall be provided 
 with sufficient and suitable accommodation in the 
 way of sanitary conveniences, having regard to the 
 number of persons employed in or in attendance at 
 such building, and also where persons of both sexes 
 are employed, or intended to be employed, or in 
 attendance, with proper separate accommodation 
 for persons of each sex. 
 
Public Health Acts, 287 
 
 (2.) Where it appears to an urban authority on Appndx. 
 the report of their surveyor that the provisions of 
 this section are not complied with in the case of 
 any building, the urban authority may, if they think 
 fit, by written notice, require the owner or occupier 
 of any such building to make such alterations and 
 additions therein as may be required to give such 
 sufficient, suitable, and proper accommodation as 
 aforesaid. 
 
 (3.) Any person who neglects or refuses to com- 
 ply with any such notice shall be liable for each 
 default to a penalty not exceeding twenty pounds, 
 and to a daily penalty not exceeding forty shillings. 
 
 (4.) Where this section is in force(a) section 
 thirty-eight of the PubHc Health Act, 1875, shall 
 be repealed. 
 
 [a) This Act being adoptive, its provisions only apply where 
 they have been adopted by the local authority, but section 35 of 
 the Factory Act of 1895 provides for cases where this Act is 
 not in force. 
 
 PUBLIC HEALTH (LONDON) ACT, 1891. , 
 54 & 55 Vict. Cap. 76. 
 
 25, (1-) Where, on a certificate of a medical 
 officer of health or sanitary inspector, it appears 
 to any sanitary authority that the lime-washing, 
 cleansing, or purifying of any workshop (other than 
 a bakehouse), or of any part thereof, is necessary 
 for the health of the persons employed therein, the 
 sanitary authority shall serve notice in writing on 
 the owner or occupier of the workshop to limewash 
 cleanse, or purify the workshop or part as the case 
 requires, within the time specified in the notice; 
 and if the person upon whom notice is so served 
 
288 Public Health Acts, 
 
 Appndz. fails to comply therewith, he shall be liable to a 
 fine not exceeding five pounds, and to a further 
 fine not exceeding ten shillings for every day during 
 which he continues to make default after conviction ; 
 and the sanitary authority may, if they think fit, 
 cause the workshop or part to be limewashed, 
 cleansed, or purified, and may recover in a sum- 
 mary manner the expenses incurred by them in so 
 doing from the person on whom the notice is served. 
 (2.) This section shall apply to any factory 
 which is not subject to the provisions of the 
 Factory and Workshop Act, 1878, and the Acts 
 amending the same, and to any workplace, in like 
 manner as it applies to a workshop. 
 
 26. (!•) Sections thirty-four, thirty-five, and 
 eighty-one of the Factory and Workshop Act, 1878, 
 and sections fifteen and sixteen of the Factory and 
 Workshop Act Amendment Act, 1883 (which relate 
 to cleanliness, ventilation, and other sanitary con- 
 ditions), shall, as respects every bakehouse which 
 is a workshop, be enforced by the sanitary 
 authority of the district in which the bakehouse is 
 situate, and they shall be the local authority 
 within the meaning of those sections. 
 
 (2.) For the purposes of this section the pro- 
 visions of this Act with respect to the admission 
 of the sanitary authority and their ofi&cers into any 
 premises for any purpose in relation to nuisances 
 shall apply in like manner as if they were herein 
 re-enacted and in terms made applicable to this 
 section ; and every person refusing or failing to 
 aUow the sanitary authority or their officer to 
 enter any premises in pursuance of those provisions 
 for the purposes of this section shall be subject to 
 a fine. 
 
Shop Hours Act, 1892. 289 
 
 27. If any child, young person, or woman is Appndx. 
 employed in a workshop, and the medical officer 
 of the sanitary authority becomes aware thereof, 
 he shall forthwith give written notice thereof to the 
 factory inspector for the district. 
 
 The above Act applies only to London. As to the division of 
 authority in sanitary matters affecting " factories" .and " work- 
 shops " between inspectors of factories and local authorities, cf. 
 38 & 39 Vict c. 55, s. 91 (6) ; 41 Vict. c. 16, ss. 3 and 101 ; 
 54 & 55 Vict. c. 76, s. 25 (2), and s. 2 (^). 
 
 SHOP HOUES ACT, 1892. 
 
 55 & 56 Vict. Cap. 62. 
 
 An Act to amend the Law relating to the Employ- 
 ment of Young Persons in Sliops. 
 
 [28th June, 1892.] 
 
 Wheeeas the health of many young persons 
 employed in shops and warehouses is seriously 
 injured by reason of the length of the period of 
 employment : 
 
 Be it therefore enacted .... as follows : 
 
 1. This Act may be cited as the Shop Hours short title. 
 Act, 1892. 
 
 2. This Act shall come into operation on the first SSro^^^ 
 day of September, one thousand eight hundred and ^^^ 
 ninety-two. 
 
 3. (1.) No young person shall be employed in or Hours of 
 
 ■u \ T_ / 1 • J ^1 i p employment 
 
 about a shop tor a longer period than seventy-tour in shops, 
 hours, including meal times, in any one week. 
 
 (2.) No young person shall to the knowledge of 
 his employer be employed in or about a shop having 
 
290 Shop ffoirrs Act, 1892. 
 
 Appndx. been previously on the same day employed in any 
 factory or workshop, as defined by the Factory and 
 
 41 & 42 Vict. Workshop Act, 1878, for the number of hours per- 
 mitted by the said Act or for a longer period than 
 will together with th^ time during which he has- 
 been so previously employed complete such number 
 of hours. 
 
 ho°iS\2^be 4. In every shop in which a young person is 
 given. employed a notice shall be kept exhibited by the* 
 employer in a conspicuous place referring to the 
 provisions of this Act and stating the number of 
 hours in the week during which a young person 
 may lavrfully be employed in that shop. (a) 
 
 (a) The penalty is under the Shop Hours Act, 1895 (see p. 293). 
 
 Sfpli^fng 5, Where any young person is employed in or 
 contrary to ^bout a shop Contrary to the provisions of this Act, 
 the Act. ^}^Q employer shall be liable to a fine not exceeding 
 one pound for each person so employed. 
 
 Power of 6, Where the employer of any young person is 
 exempr charged with any offence against this Act, he shall 
 fr^^flne. be entitled upon information duly laid by him to 
 SonoT^^" liave any other person whom he charges as the 
 ©fl^der. actual offender brought before the court at the time 
 appointed for hearing the charge ; and if, after the 
 commission of the offence has been proved, the said 
 employer proves to the satisfaction of the court that 
 he has used due diligence to enforce the execution 
 of the Act, and that the said other person has com- 
 mitted the offence in question without his know- 
 ledge, consent, or connivance, the said other person 
 shall be summarily convicted of such offence, and 
 the occupier shall be exempt from any fine. 
 
 Summary ijf^ All offcnces Under this Act shall be prosecuted, 
 procee mgs. ^^^ ^^^ ^^^^ Under this Act shall be recovered, in 
 
Shop Hours Act, 1892. 291 
 
 like manner as offences and fines are prosecuted Appndx. 
 and recovered under the Factory and Workshop 
 Act, 1878, and sections eighty-eight, eighty-nine, 
 ninety, and ninety-one of the said Act, and so 
 much of section ninety-two thereof as relates to 
 evidence respecting the age of any person, and the 
 provisions relating to the application of the said 
 Act to Scotland and Ireland, so far as those pro- 
 visions are applicable, shall have effect as if re- 
 enacted in this Act and in terms made applicable 
 thereto. 
 
 8. The council of any county or borough, and ^eSfof' 
 in the city of London the common council, may inspectors, 
 appoint such inspectors as they may think neces- 
 sary for the execution of this Act within the areas 
 
 of their respective jurisdictions, and sections sixty- 
 eight and seventy of the Factory and Workshop 
 Act, 1878, shall apply in the case of any such 
 inspector as if he were appointed under that Act, 
 and as if the expression workshop 'as used in those 
 sections included any shop within the meaning of 
 this Act. 
 
 The powers conferred by this section may be 
 exercised in Ireland by the council of any municipal 
 borough and by the commissioners of any town or 
 township. 
 
 9. In this Act, unless the context otherwise interpre- 
 
 tation. 
 
 requires — 
 
 " Shop " means retail and wholesale shops, 
 markets, stalls, and warehouses in which 
 assistants are employed for hire, and includes 
 licensed public-houses and refreshment houses 
 of any kind : 
 " Young person" means a person under the age 
 of eighteen years : 
 
 u2 
 
292 Sliop Hours Act, 1893. 
 
 Appndx. Other words and expressions have the same 
 meanings respectively as in the Factory and 
 41 & 42 Vict. Workshop Act, 1878. 
 
 Exemption 10. Nothing in this Act shall apply to a shop 
 ef the^am? where the only persons employed are members of 
 lei^Sir^ the same family, dweUing in the building of which 
 the shop forms part or to which the shop is 
 attached, or to members of the employer's family 
 so dwelling, or to any person wholly employed as a 
 domestic servant. 
 
 SHOP HOUES ACT, 1893. 
 
 66 & 57 Vict. Cap. 67. 
 
 An Act to ainend the Shop Hours Act, 1892. 
 
 [21st December, 1893.] 
 
 Be it enacted .... as follows : 
 
 Short titles. 1. This Act may be cited as the Shop Hours Act, 
 1893, and this Act and the Shop Hours Act, 1892, 
 may be cited together as the Shop Hours Acts, 
 1892 and 1893. 
 
 Salaries and 2. (1-) Any salaries payable or other expenses 
 expenses, incurred by the council of a county or borough for 
 the purposes of the Shop Hours Act, 1892, shall be 
 defrayed by the council of a county out of the 
 county fund, and by the council of a borough out 
 of the borough fund or borough rate. 
 
 (2.) In Ireland, such salaries and expenses shall 
 be defrayed, if payable or incurred by the council 
 of a municipal borough out of the borough fund or 
 borough rate, and, if payable or incurred by the 
 commissioners of a town or township, out of any 
 
Shop Hours Act, 1895. 293 
 
 rate leviable by them as such commissioners Appndx, 
 throughout the whole of their district. 
 
 3. In the application to Scotland of the Shop Defluitioni 
 Hours Act, 1892, and of this Act, 
 
 The expression " council of a county or a borough" 
 means the county council of a county and the 
 commissioners of police of burghs in which 
 there are such commissioners, and in burghs 
 in which there are no such commissioners the 
 town council. 
 
 The expressions " county fund " shall mean the 
 general purposes rate, and "borough fund or 
 borough rate" shall mean, in burghs in which 
 there are commissioners of police, the police 
 assessment, or in their option the public health 
 assessment ; and in burghs in which there are 
 no such commissioners any assessment levied 
 by the town council. 
 
 SHOP HOUES ACT, 1895. 
 
 58 Vict. Cap. 5. 
 
 An Act to amend the Shop Hours Act, 1892. 
 
 [9th April, 1895.] 
 
 Be it enacted .... as follows : 
 
 1. If any employer fails to keep exhibited the penalty on 
 notice required by section four of the Shop Hours comply with 
 Act, 1892, in manner required by that section, ^Qf^^^lJ!""^ 
 shall be liable to a fine not exceeding forty shillings. 
 
 2, This Act may be cited as the Shop Hours Act, short title 
 1895, and shall be construed as part of the Shop structioa. 
 Hours Act, 1892, and this Act may be cited collec- 
 tively as the Shop Hours Acts, 1892 to 1895. 
 
INDEX 
 
 Abstract of Act, page 
 
 to be affixed in a factory or workshop 98 
 
 laundries 214 
 
 tenement factories 220 
 
 Accidents, 
 
 notice of, &c 42—44, 182, 210 
 
 form of ... 263 
 
 in docks, wharves, quays, warehouses, &c. 44, 217 
 buildings in course of construction 44, 218 
 
 which more than twenty per- 
 sons are employed ... 44, 218 
 
 register of 45,212 
 
 penalty for iiot keeping 213 
 
 investigation of by certifying surgeon 44 
 
 fees of, certifying surgeon for investigating 45 
 
 where death occurs from, coroner must advise inspector 
 
 of inquest 182, 212 
 
 who may attend inquest on death resulting from ... 182 
 provisions as to, extended to diseases occasioned by 
 poisoning 226 
 
 Action, 
 
 right of," ill case of injury, by aggrieved person 103 
 
 Adapting for Sale, 
 
 may constitute factory or workshop 115, 116 
 
 Addresses, 
 
 of inspectors and certifying surgeons must be affixed in 
 factories and workshops 98 
 
 Aerated Water, 
 
 period of employment upon, may be extended ... 68, 142 
 where made, ceilings exempt from limewashing ... 49 
 
296 Index. 
 
 Age, 
 
 See also Certificate. page 
 
 how proved 39, 41 
 
 evidence as to uncertain cases 113 
 
 Agent, 
 
 liability of , 106 
 
 Agricultural Implements, 
 
 where made, ceiling exempt from limewashing 49 
 
 Alkali Works, 
 
 exempt from limewashing 48 
 
 Almanack Making, 
 
 period of employment upon may be extended ... 68, 142 
 prohibition as to meals in case of. 138 
 
 Altering, 
 
 process of, may constitute a factory or workshop 115, 116 
 
 Alternate Day System, 
 
 in textile factories 14 
 
 mode of working in textile factories 15 
 
 in non- textile factories and workshops 17 
 
 mode of working 18 
 
 may not be adopted in domestic workshops 23 
 
 Annealing Glass, 
 
 prohibition as to employment upon 137 
 
 Anthrax, 
 
 occurrence of, must be notified , 225 
 
 Apparel, 
 
 See Wearing Apparel. 
 
 Appeal, 
 
 to quarter sessions 108 
 
 to Secreta??y of State to revoke appointment of certifying 
 surgeon 93 
 
 Apprentices, 
 
 to be deemed to work for hire 119 
 
Index, 297 
 
 Arbitration, page 
 
 as to sufficiency for escape from fire • ... 171, 193, 204 
 special rules in the case of dangerous and unhealthy 
 
 trades 174, 193, 205^ 
 
 representation of workmen on, as to dangerous and 
 
 unhealthy trades 205' 
 
 • 
 
 Arsenic, 
 
 See also Poisoning. 
 
 extraction of, certified to be dangerous 175- 
 
 disease occasioned by poisoning by, must be notified ... 225 
 
 Artificial Flower Making, 
 
 period of employment upon may be extended ... 68, 142 
 prohibition as to meals in case of 138,139 
 
 Artificial Manure-Works, 
 
 exempt from limewashing 48 
 
 prohibition as to meals in... 138 
 
 Ash-Pits, 
 
 salutary pro^dsions as to ... 4 
 
 Bakehouses, 
 
 declared to be either non-textile factories or workshops, 
 
 and defined ... 114, 149' 
 
 employment of male young persons over sixteen in 58, 59 
 male young persons over sixteen in, as if 
 
 they were not young persons 60 
 
 notice of period of, to be fixed in ... 59 
 
 extension of period of, for half an hour... 69 
 
 Acts apply to, where men only employed 117 
 
 limewashing and painting of 49, 50, 78, 223 
 
 as to undergroun,d 51,223 
 
 sleeping places in 50,223 
 
 Bakehouses, Retail, 
 
 enforcement of law as to, by local authority 161 
 
 definition of 162,192 
 
 Bank Holidays, 
 
 may be given as statutory holidays 27, 210' 
 
 substitution of other days for, in Scotland 189 
 
298 Index. 
 
 Birth, 
 
 certificate of. S&e Certificate. 
 
 Biscuit Making. See Bakehouses. page 
 
 period of employment in, may be extended 68, 70, 142, 144 
 
 Blast Furnaces, 
 
 declared to be non-textile factories, and defined 
 
 accidents in 
 
 employment of male young persons in 
 
 meal times in 
 
 exemption of, from lime washing ... 
 
 Bleaching Works. See also Print Works. 
 
 declared to be non- textile factories and defined... 
 period of employment and times for meals in ... 
 five hours' spell as in non-textile factories 
 open air, employment of male young persons in 
 prohibition as to meal^ in singeing rooms 
 
 period of employment may be extended 
 
 exemption of ceilings of, from limewashing 
 
 Bon-bon and Christmas Present Making, 
 
 period of employment may be extended 
 
 ceilings exempted from limewashing 
 
 Bone-cutting, &c., 
 See Ivory. 
 
 Bookbinding Works, 
 
 declared to be non- textile factories 114, 148 
 
 period of employment in, may be extended ... 68, 142 
 in metropolis 57 
 
 Brass Casting Works, 
 
 meals in, prohibited in certain cases 53,138 
 
 certified to be dangerous ^ 175 
 
 Brass Shaving, Boring Works, &c., 
 
 ceilings of, exempted from limewashing 49 
 
 Breweries, 
 
 exempted from limewashing 48 
 
 Brick and Tile Works, 
 
 female under sixteen may not be employed in ... 52, 137 
 period of employment in, may be extended ... 68, 142 
 
 114, 
 
 147 
 
 43, 
 
 211 
 
 ... 
 
 74 
 
 66, 
 
 140 
 
 ... 
 
 47 
 
 114, 
 
 146 
 
 
 53 
 
 ... 
 
 54 
 
 66, 
 
 140 
 
 53, 
 
 138 
 
 69, 
 
 144 
 
 ... 
 
 49 
 
 68, 
 
 ,142 
 
 ... 
 
 49 
 
Index. 299 
 
 ^Bronzing of Metal, page 
 
 prohibition as to meals in case of 53,138 
 
 buildings, 
 
 provisions as to, exceeding 30 feet in height, in course of 
 construction or repair by means of 
 
 scaffolding 44,218 
 
 exceeding 30 feet in height, in which 
 more than twenty persons are em- 
 ployed 44,218 
 
 in course of construction by means of 
 power 217 
 
 Butter Making, 
 
 period of employment in, may be extended ... 71, 145 
 
 ^Cabinet Making, 
 
 list of outworkers must be kept in case of 186 
 
 Candle Works, 
 
 ceilings of, exempt from lime washing 49 
 
 Cardboard Making, 
 
 period of employment upon, may be extended ... 68, 143 
 
 Cartridge-making Works, 
 
 declared to be non-textile factories, and defined 114, 147 
 
 Cases Referred to. 
 
 
 
 Kedgrave V. Lloyd ... 
 Kent V. Astley 
 Haydon v. Taylor ... 
 Whymper v. Harvey 
 Taylor v. Hickes ... 
 
 ... •.. ... •. 
 
 ... 6 
 117, 150 
 ... 118 
 ... 118 
 ... 118 
 
 Palmer Shipbuilding Co. 
 Howarth v. Coles ... 
 
 V. Chaytor 
 
 119, 150 
 ... 148 
 
 Coles V. Dickinson ... 
 
 
 
 ... 148 
 
 Redgrave v. Lee 
 
 
 
 ... 150 
 
 ^Catgut Cleaning, 
 
 prohibition as to meals in case of 
 
 53, 138 
 
 'Ceilings, 
 
 exemption from lime washing of, in certain cases ... 49 
 
300 Index. 
 
 Cement Works, page 
 exempt from lime washing 48 
 
 Certificate, 
 
 of school attendance, provisions as to 32 
 
 standard of proficiency 33,36,37 
 
 effect of 33 
 
 birth, when necessary 39,41 
 
 how obtainable 42,181 
 
 what is 41 
 
 copy of, how obtainable 181 
 
 in Scotland 127,191 
 
 Ireland 127,191 
 
 appointment of inspector, production of 92 
 
 fitness for employment in factories ... ... 38,41 
 
 workshops 40,41 
 
 tenement factories ... 222 
 
 in workshops may be re- 
 quired in certain cases... 54 
 fresh,- must be obtained 
 when child becomes 
 
 young person • 42 
 
 not required in domestic 
 
 workshop 78 
 
 regulations as to granting, 
 
 by certifying surgeon 93, 94 
 fees payable for occupier for 94 
 
 in white lead factories 154 
 
 conditions of ... 164 
 
 forgery, &c., of, provisions against 105 
 
 surgical, of capacity for work on objection of inspector... 40 
 
 Certified Day Industrial School, 
 
 attendance at, equivalent to attendance at certified 
 efficient school 33 
 
 Certified Eflacient School, 
 
 definition of 119 
 
 in Scotland 128 
 
 Ireland 131 
 
 provisions as to attendance at 33 
 
Index. 301 
 
 Certifying Surgeon, page 
 
 appointment, removal, &c., of 93 
 
 rules for guidance of, may be made by Secretary of State 93 
 must report annually to Secretary of State ... 93, 181 
 
 certificate of, of fitness for employment 38 — 42 
 
 regulations as to 
 granting ... 93 
 of fitness for employment, fees for 
 
 granting 94 
 
 of capacity to work on objection of inspector 40 
 
 notice of accidents to 44,211 
 
 investigation of accidents by 44 
 
 fees of, for 45 
 
 poor law medical officer, to act as, in certain cases ... 92 
 special inquiries and examinations by ... ... ... 237 
 
 fees for 237 
 
 scale of ... 241 
 
 Certiorari, 
 
 provision as to 112 
 
 Cheese Making, 
 
 period of employment in, may be extended ... 71, 145 
 
 Chemical Works, 
 
 exempt from limewashing 48 
 
 meals forbidden in 53,138 
 
 employment in, certified to be dangerous and unhealthy 175 
 
 Chief Inspector, 
 
 power of, to establish special rules in case of dangerous 
 
 and injurious trades 173,223 
 
 notice, of certain diseases, to be sent to, by medical 
 
 practitioner 224 
 
 Child, Children, 
 
 definition of 120 
 
 employment of, in textile factories 14, 15, 159 
 
 exceptions as to ... 15 
 
 employment, &c., of, in non- textile factories and work- 
 shops 17—20, 159, 229 
 
 employment, &c., of, in non-textile factories and work- 
 shops, exception as to , 56 
 
302 Index. 
 
 Child, Children— continued. page. 
 
 employment, &c., of, in domestic workshops ... 22 — 24 
 
 print works, &c. 53 
 
 laundries 214 
 
 of, in certain factories and workshops 
 
 forbidden 52, 137 
 
 overtime, upon incomplete process ... 69 
 
 during meal hours forbidden 24 
 
 on Sundays forbidden 26 
 
 notice of mode of, must be affixed ... 25 
 
 as young person 33 
 
 continuous for five hours ... 61, 146 
 
 penalty for, contrary to Act 103 
 
 under eleven years of age, forbidden... 180 
 restrictions upon, inside and outside 
 
 factory or workshop 208 
 
 meal times of, must be simultaneous 24 
 
 modification as to simultaneous meal times ... 66,140 
 meals, may not be taken by, in certain places ... 52,138 
 
 different holidays for different sets of 62, 63 
 
 certificate of fitness for employment of, in factories ... 38 
 
 workshops ... 40 
 certificate of fitness for employment of, in tenement 
 
 factories 
 
 ... 
 
 ... 
 
 222 
 
 certificate, surgical, of capacity of on 
 
 objection 
 
 of 
 
 
 inspector 
 
 ... 
 
 ... 
 
 40 
 
 of birth of 
 
 ... 39, 
 
 41, 
 
 181 
 
 education of 
 
 ... 
 
 29- 
 
 -38 
 
 See aUo Education of Children. 
 
 
 
 
 register of, in factories and workshops ... 
 
 ... 
 
 97, 208 
 
 may not clean machinery in motion 
 
 ... 
 
 ... 
 
 11 
 
 work between parts of self-acting machinery 
 
 in 
 
 
 motion 
 
 ... 
 
 ... 
 
 11 
 
 protection of, in wet spinning 
 
 ... 
 
 ... 
 
 52 
 
 evidence as to age of 
 
 ... 
 
 ... 
 
 113 
 
 exercise "of manual labour by, for purpose of instruction 
 
 
 only 
 
 ... 
 
 ... 
 
 117 
 
 provisions of Elementary Education Acts relating to 
 
 ... 
 
 280 
 
 
 
 et 
 
 seq. 
 
 China Clay Pits, 
 
 exceptions as to, in Comwj^ll ... 61, 68, 69, 141, 143, 144 
 
Index, 303^ 
 
 China Grass, page; 
 manufacture of, constitutes a textile factory 114 
 
 Christmas Day, 
 
 regulations as to 27, 64, 189, 210 
 
 Christmas Present Making, 
 
 period of employment upon, may be extended ... 68, 142 
 
 Cleaning^, 
 
 to be deemed to be employment 119 
 
 of machinery and mill-gearing, restrictions upon ... 11 
 
 in warehouses, employment upon may be extended ... 68, 
 
 142 
 
 Cleanliness, 
 
 See Sanitary Provisions and Limewashing. 
 
 Clerks, 
 
 appointment of, for office in London 86 
 
 Clock, 
 
 by which employment and meal hours are to be regu- 
 lated 9& 
 
 notice of, to be affixed 99" 
 
 Coach-Making Works, 
 
 ceilings of , exempt from limewashing 49- 
 
 Coal Mines 150 
 
 Coal Mines Regulation Act, 
 
 provisions of, to govern formal investigations of acci- 
 dents 213 
 
 provisions of, as to women 150 
 
 Cocoa Nut Fibre, 
 
 manufacture of, constitutes a textile factory ... ... 114 
 
 Colour Works, 
 
 exempt from limewashing 48 
 
 meals in, prohibited in certain cases 52,139 
 
 employment in, certified to be dangerous and unhealthy 175 
 
 Commencement, 
 
 of Act of 1895 240 
 
304 Indea;, 
 
 Complaint, 
 See Information. 
 
 Condensed-Milk Making, page 
 
 period of employment upon, may- be extended %.. 71, 145 
 
 Confectionery Works, 
 
 See Bakehouses. 
 
 Constable, 
 
 may accompany inspector where obstruction antici- 
 pated 89,237 
 
 €ontractor, 
 
 for work in connection with factory or workshop may 
 
 be required to keep list of workers and sent to 
 
 inspector 185,186,235 
 
 formal list of outworkers to be kept by 187 
 
 must not allow work in places notified to be injurious 
 
 to health 200 
 
 must not allow wearing apparel to be made where there 
 
 an infectious disease 201 
 
 Conviction, 
 
 appeal against 108 
 
 copy of, provisions as to 113 
 
 Copper Mills. 
 
 exempt from limewashing 47 
 
 declared to be non-textile factories and defined... 114, 147 
 employment of male young persons upon night work 
 in 73,145 
 
 Corn Mills, 
 
 ceilings of, exempt from limewashing 49 
 
 Coroner, 
 
 must advise inspector of inquest upon death from 
 
 accident 182,212 
 
 must adjourn inquest for attendance of inspector ... 212 
 proviso as to adjournment... 212 
 
 Costs, 
 
 of proceedings may be ordered to be paid by actual 
 offender in lieu of occupier ... 238 
 
Index. 305 
 
 Cotton, PAGK 
 manufacture of, constitutes a textile factory 114 
 
 Cotton Cloth Factories Act... 243 
 
 application of, to certain factories 226 
 
 County Court, 
 
 order of, as to expenses of providing escape from fire ... 171 
 
 Cream, 
 
 period of employment upon preparing, may be extended 
 
 71, 145 
 
 Crown, 
 
 application of Act to factories and workshops belonging 
 to the 117 
 
 Cumulative Penalties. 
 See Penalties. 
 
 Curing Fish. 
 
 See Fish. 
 
 Curriers' Shops, 
 
 ceilings of, exempt from lime washing 49 
 
 Cutlery, 
 
 regulations as to, in tenement factories 221, 240 
 
 Dangerous Machinery.* 
 
 See Machinery. 
 
 Dangerous or Injurious Trades. 
 See also Employment. 
 
 list of 175 
 
 power of chief inspector to restrict employment in ]^173, 223 
 
 Dangerous or Unhealthy Premises, 
 
 provisions as to , ... 198, 200, 220 
 
 Death. 
 
 See Accident, Coroner, Inquest. 
 
 Declaration, 
 
 inspector may require written, in certain cases 89 
 
 X 
 
306 
 
 Index, 
 
 Defendant, page 
 competency of, to give evidence 238 
 
 Definitions 114 e« sggr., 162, 192, 239 
 
 Die Sinking, 
 
 period of employment may be extended 67, 143 
 
 Dipping Metals in Acid, 
 
 prohibition as to meals, in case of employment upon 52, 138 
 
 Distilleries, 
 
 exempt from limewashing 
 
 Docks, Wharves, Quays, Warehouses, &c 
 extension of certain provisions to... 
 
 Documents, 
 
 examination of, by inspector 
 forgery of 
 
 Domestic Workshops. 
 
 See Workshops. 
 
 Drain. 
 
 See Sanitary Provisions. 
 
 Dressing Floors, 
 
 in Cornwall, exceptions as to 
 
 Driving Strap. 
 See Machinery. 
 
 "Dublin Gazette," 
 
 matters to be notified in 
 
 Dust, 
 
 inhalation of, provisions as to 
 
 48 
 217 
 
 88 
 105 
 
 ... 61, 68, 69, 
 141, 143, 144 
 
 134 
 
 ,.2,51,52,139,227 
 
 Dwelling-house, 
 
 exemption of certain trades carried on in a 
 from limewashing 
 
 Dyeing Works, 
 
 declared to be non-textile factories 
 employment and meal hours in 
 
 ... 123 
 
 ... 48 
 
 ,.. 114 
 53,54 
 
Indei 
 
 307 
 
 Dyeing Works — continued. page 
 
 employment in, of male young persons during meal 
 
 hours 66,140 
 
 period of employment may be extended €9, 144 
 
 ceilings of, exempt from limewashing ... 49 
 
 prohibition as to meals in singeing rooms ... 53, 138 
 
 Earth Closet. 
 See Privy. 
 
 Earthenware Works, 
 
 declared to be non-textile factories and defined. 
 
 china works included in 
 
 meals may not be taken in certain parts of 
 
 ... 114, 
 
 147, 192 
 
 ... 147 
 
 52, 138 
 
 certified to be dangerous, and special rules prescribed ... 175 
 
 Edinburgh Gazette, 
 
 matters to be published in... 
 
 129 
 
 cation Department, 
 
 
 definition of 
 
 121 
 
 in Scotland 
 
 129 
 
 Ireland 
 
 132 
 
 duties of 
 
 31, 33 
 
 report to be made to, by inspector 
 
 30 
 
 standards of proficiency 
 
 34etseq, 
 
 Education of Children, 
 
 attendance at school of children employed in factories 
 
 and workshops 29 — 38 
 
 obtaining of school attendance certificate by occupier ... 32 
 payment by occupier for, and deduction from wages ... 32 
 
 effect of educational certificate 33 
 
 standards of proficiency 34 — 38 
 
 provisions of Acts relating to 280 et seq. 
 
 Elastic-web Factories, 
 
 five hours spell authorised in 
 
 61, 146 
 
 Electric Accumulator Works, 
 
 certified to be dangerous, and special rules prescribed ... 175 
 x2 
 
808 Index. 
 
 Elementary Education Acts, page 
 
 provisions relating to factories and workshops ... 280 et seq. 
 
 Employer, 
 
 actual, must give notice of accident to occupier 211 
 
 Employment and Meal Hours, 
 See also Employment. 
 Period of, for young persons — 
 
 in textile factories 12,13 
 
 exceptions to 14 
 
 non- textile factories and workshops ... 15 — 17, 228 
 
 print works, &c 53 
 
 domestic workshops 2fi 
 
 laundries 214 
 
 of male, above sixteen, in lace factories 57 
 
 bakehouses 59 
 
 as if they were no longer young 
 
 persons 60 
 
 upon nightwork ... 73,74,231 
 
 at night in printing works 73,75 
 
 in glass works 75 
 
 on Saturday, where not employed, more than eight hours 179' 
 till 4.30, in turkey-red dyeing works ... 61 
 Period of, for women — 
 
 in textile factories 12,13 
 
 exceptions to , 14 
 
 non- textile factories and workshops ... 20, 21, 178, 228 
 
 print works, &c 53 
 
 workshops in which children and young persons are 
 
 employed 20 
 
 workshops in which children and young persons are 
 
 not employed 21,178 
 
 on Saturday where not employed more than eight hours 179 
 Saturday till 4.30 in turkey-red dyeing works ... 61 
 
 in laundries ... 214 
 
 Period of, for children — 
 
 in textile factories ... 14, 15 
 
 exceptions to 15 
 
 non-textile factories and workshops 17 — 20, 229 
 
 print works, &c 53 
 
 domestic workshops 22,23 
 
Index, 309 
 
 Employment and Meal Hours— confinwi. 
 
 Period of, for children — {con.) page 
 
 in laundries ... .„ ... ... ... 214 
 
 of 13 years old as young persons ... 33 
 
 Meals — 
 times of, must be simultaneous for children, young 
 
 persons, and women 24 
 
 times of, exception as to simultaneity of 66, 140 
 
 places forbidden for ... 52, 138 
 
 employment during meal hours forbidden 24 
 
 Notice — 
 of period of, and mode of employment of children must 
 be affixed 25 
 
 Employment, 
 See also Employment and Meal Hours. 
 
 definition of 119 
 
 exceptions as to period of 66 — 58, 79 
 
 in bakehouses 58 — 60 
 
 certain textile factories in 
 
 winter 61,62 
 
 Jewish factories or work- 
 shops 64 
 
 factories driven by water 
 
 power 72 
 
 turkey-red dyeing and open 
 
 air bleaching 70 
 
 of women in flax scutch mills 17, 79 
 overtime, provisions as to 67, 68, 71, 141, 145, 159, 206, 230 
 
 in laundries , 216 
 
 to preserve perishable articles 71 
 
 where work is incomplete 69 
 
 in turkey-red dyeing and open air bleaching 70 
 
 factories driven by water power 72 
 
 prohibition of, during meals 24 
 
 on Sunday 26 
 
 exceptions as to ... 26, 65, 73 
 of children and young persons in certain 
 
 factories and workshops 62, 137 
 
 of taking meals in certain places... 62, 138 
 upon certain work in connection with 
 machinery 11,202 
 
310 
 
 Index. 
 
 Employment — continued. page 
 
 prohibition of, of children under 11 180 
 
 women after childbirth 180 
 
 in places injurious to health 198, 200, 220 
 restrictions upon, in dangerous and unhealthy trades 
 
 173, 223 
 inside or outside factory and workshop 208 
 in factory or workshop as well as in 
 
 shop 209 
 
 savings as to 124,189 
 
 outside, what constitutes 208 
 
 continuous for five hours in certain cases in textile 
 
 factories 61, 146 
 
 certificate of fitness in factories 38 
 
 workshops 40 
 
 evidence as to 112,119,124 
 
 Enamelling, 
 
 period of employment upon, may be extended ... 67, 143 
 of iron plates, certified to be dangerous 175 
 
 Engineering Works, 
 
 ceilings of, exempt from limewashing ... .^ ... 49 
 
 Entry, 
 
 inspector's power of, 88,184 
 
 Engraving Works, 
 
 ceilings of, exempt from limewashing ... 49 
 
 Envelope Making, 
 
 period of employment upon, may be extended ... 67, 142 
 
 Escape, 
 
 of steam in wet spinning, &c., to be prevented 52 
 
 Evidence, 
 
 See also Age ; Certificate ; Employment. 
 
 certified copy of special rules to be 177 
 
 of failure to limewash, what is 236 
 
 defendant in proceeding under Acts 238 
 
 Examination of Premises, 
 
 time at which officer of local authority may make ... 3 
 
Index, 311 
 
 Exceptional Working, page 
 
 provisions in case ^2 et seq. 
 
 Explosion. 
 
 See Accidents. 
 
 Explosives, 
 
 the manufacture of certain, certified to be dangerous ... 175 
 
 Explosives' Act, 
 
 accidents under, need not be notified to inspector 44, 211 
 
 Factory, Factories, 
 
 definition of 115 
 
 employment in 119 
 
 sanitary provisions as to 2, 165, 197, 226 
 
 privy accommodation in 3,228 
 
 meal times to be simultaneous in 24 
 
 employment in, during meal hours forbidden 24 
 
 restrictions upon employment in 26 
 
 holidays in 26,209 
 
 education of children in 2^et8eq. 
 
 certificate of fitness for employment in 38 
 
 notice of accidents in 42 — 44,182,210 
 
 investigation of accidents in 44,45,213 
 
 register of accidents in 44,212 
 
 include laundries, docks, &c., and certain buildings 
 
 under certain circumstances 44, 21 7 
 
 limewashing in ... 46 et seq. 
 
 ventilation in 51,227 
 
 hours of work in Jewish 63,64 
 
 on Sundays 65 
 
 notice of commencing to be given to inspector 96 
 
 provisions for safety in bet seq. 
 
 fencing of machinery in 5 
 
 escape from fire in 169, 203 
 
 special as to dangerous or injurious employ- 
 ment in 173 
 
 as to dangerous machinery in 199 
 
 the making of wearing apparel in ... 201 
 for lavatories in, where poisonous substance 
 used 226 
 
312 Index, 
 
 Factory, Factories — continued,. page 
 
 provisions of Truck Acts relating to 264,271 
 
 Elementary Education Acts relating to 280 d seg. 
 Prevention of Cruelty to Children Act 
 
 relating to 283 
 
 Public Health Acts relating to 285 
 
 register of children and young persons in 97 
 
 inspection of weights and measures in ... ... ... 100 
 
 penalty for not keeping, in conformity with Act ... 101 
 
 employment in, contrary to Act 103 
 
 person found in, under certain circumstances deemed to 
 
 be employed ... ... 112 
 
 yards, playgrounds, &c., not to be deemed part of a ... 112 
 
 a place may be a, although in open air 117 
 
 employment in, of women after childbirth and children 
 
 under 11 forbidden 180 
 
 inquest, where death results from accident in 182 
 
 evidence as to employment in, in summary proceedings 112 
 room solely used for purpose of sleeping not part of a 
 
 116, 188 
 
 what constitutes overcrowding in. 197 
 
 court of summary jurisdiction, may make order as to 
 
 dangerous ... 198 
 
 employment in places injurious to health in 200 
 
 regulations as to self-acting machines in 11,202 
 
 restrictions upon, employment outside and inside ... 208 
 
 where worker also em- 
 ployed in. a shop ... 209 
 
 poisoning by lead, &c., in 224 
 
 annual return of persons employed in 227 
 
 sanitary conveniences in 3,228 
 
 separate branches of, may be ordered to be treated as 
 
 separate factories 231 
 
 table of notices in. ^h^etseq^. 
 
 Textile Factories — 
 
 definition of 114 
 
 employment, &c., of young persons and women in 12, 13 
 employment, «&c, of young persons and women in, 
 
 exceptions as to 14 
 
 employment, &c, of children in. 14, 15, 159 
 
 exceptions as to ... 15 
 
Index. 313 
 
 Pactory, Factories — continued. page 
 
 employment, &c., of male young persons over 16 in lace 
 
 factories 57 
 
 continuous in 61, 62, 146 
 
 overtime in, if driven by water power 72 
 
 such parts of, as are warehouses 141, 142, 230 
 exemption of, from regulations as to grinding in 
 
 tenement factories 222 
 
 provisions as to humidity in 226,244 
 
 for maintaining reasonable temperature in ... 226 
 particulars of wages to be furnished in certain cases ... 231 
 Non-Textile Factories — 
 
 definition of 114 
 
 employment, &c., of young persons and women in 15 — 
 
 17, 228 
 
 children in 17—20,159 
 
 exception as to 56 
 
 substitution of another half -holiday instead of Saturday in 60 
 different holidays for women, young persons and children 
 
 employed in 62,63 
 
 overtime in 67,68,141,230 
 
 for work in incomplete state ... 69,144 
 
 in turkey-red dyeing, &c 70 
 
 to preserve perishable articles ... 71, 145 
 
 if driven by water power 72 
 
 lists of 146,148 
 
 employment in, on Saturday of young persons and 
 women not employed for more than eight hours ... 179 
 
 particulars of wages may be ordered in case of 234 
 
 Tenement Factories — 
 substitution of owner of, for occupier for certain 
 
 purposes 4, 6, 219 
 
 regulations as to grinding and cutlery in ... 221, 240 
 
 validity of certificate of fitness in 222 
 
 ventilation in 220 
 
 False Entries, &c 105 
 
 Fan, 
 
 ventilation by, in factories and workshops ... 51, 227 
 
 tenement factories 220 
 
 laundries 215 
 
314 Index. 
 
 Fancy Box Making, page: 
 
 period of employment upon, may be extended ... 67, 142 
 prohibition as to meals in case of 53, ISd^ 
 
 Pees, 
 
 of certifying surgeon for reporting accidents 45 
 
 granting certificates 94 
 
 special inquiries 241 
 
 amount of, whicli may be deducted by occupier from 
 
 wages towards certificate of fitness 95 
 
 amount of, which may be claimed from occupier for 
 
 children's attendance at school and deducted from wages 32: 
 
 Pellmongers' Works. 
 
 ceilings of, exempt from limewashing 49' 
 
 Fencing. 
 See Machinery. 
 
 Fines. 
 See also Penalties. 
 
 instead of, or in addition to, court may make order that 
 a factory or workshop be brought into conformity 
 with acts ... •■ 101 
 
 Finishing, 
 
 process of, may constitute a textile or non-textile factory 
 
 or workshop ... 114,115' 
 
 of yarn or cloth, declared to be non-textile factory and 
 
 defined 114, 146- 
 
 of yarn or cloth, period of employment upon may be 
 
 extended 67, 143, 144 
 
 Fire, 
 
 provisions for escape from 169,203 
 
 Firewood Cutting, 
 
 period of employment upon, may be extended ... 67, 142 
 
 Firework Making, 
 
 period of employment upon, may be extended ... 67,143; 
 
 Fish, 
 
 extension of period of employment upon curing 57, 71, 145- 
 
 saving as to process of gutting, salting, &c 124 
 
 distinction between "gutting," &c., and "curing" ... 125- 
 
PAGE 
 
 ... 38 
 
 ... 40 
 
 16,19 
 
 ... 53 
 
 61, 146 
 
 ... 114 
 
 5... 175 
 
 17,79 
 
 .14, 148 
 
 67, 141 
 
 ... 48 
 
 Index. 315 
 
 Fitness, 
 
 certificates of, in factories , 
 
 workshops , 
 
 Five-Hour Spell, 
 
 in lion- textile factories and workshops ... 
 
 print works, &c 
 
 certain textile factories in winter 
 
 Flax, 
 
 manufacture of, constitutes a textile factory 
 
 and of linen certified to be dangerous 
 
 Flax Scutch Mills, 
 
 exception as to employment of women in 
 declared to be non-textile factories 
 
 overtime allowed in ... 
 
 exemption of, from lime washing 
 
 Flour Mills, 
 
 ceilings of, excempt from limewashing 49 
 
 Fly Wheels, 
 
 fencing of 5 
 
 Forgery, 
 
 of certificates, &c 105 
 
 Foundries, 
 
 declared to be non-textile factories and defined ... 114, 147 
 if process incomplete period of employment may be 
 extended 70, 144 
 
 Fruit, 
 
 saving as to process of cleaning 189 
 
 overtime for women upon process of preserving... 71, 145 
 where process of preserving is carried on, ceilings exempt 
 from limewashing 49 
 
 Furnaces, 
 
 blast, &c., declared to be non-textile factories ... 114, 147 
 
 Furniture, 
 
 period of employment in making hangings for, may be 
 
 extended ... 67, 142 
 
 making, in case of, list of outworkers must be kept 185, 186 
 
316 Index, 
 
 Fustian-Cutting Works, page 
 
 declared to be non-textile factories and defined ... 114, 147 
 
 child under eleven may not be employed upon ... 52, 137 
 
 Oalvanizing, 
 
 employment of males over sixteen upon, at nigkt 73, 145 
 
 Gas, 
 
 prevention of inhalation of ,., 61,227 
 
 accident caused by explosion or escape of, must be 
 reported 210 
 
 d-as-Holder Making, 
 
 period of employment upon, may be extended ... 67, 143 
 
 Gassing Rooms, 
 
 meals prohibited in 52, 138 
 
 Glass Works, 
 
 child or female young person not to be employed where 
 
 melting or annealing of glass is carried on ... 52, 137 
 employment of male young persons in, at night 75, 207 
 
 prohibition as to meals in 52,138 
 
 exemption from limewashing of 48 
 
 employment in, not authorised on Sunday 207 
 
 Glazed Windows, 
 
 exception as to limewashing in case of works without ... 48 
 
 Glazing, 
 
 ventilation by fan in case of 51 
 
 prohibition as to meals in case of 52,138 
 
 regulations as to, in tenement factories 221, 240 
 
 Glove Making, 
 
 exemption in case of 123, 150 
 
 Glue Making, 
 
 period of employment in, may be extended ... 67, 142 
 
 ^ood Friday. 
 See Holidays. 
 
Index, 31T 
 
 Government Works, page 
 
 may be factories or workshops unless specially exempted 117 
 
 Grinding:, 
 
 ventilation by fan in case of 51 
 
 regulations as to, in tenement factories 221,240 
 
 prohibition as to meals in case of 52,138 
 
 restrictions upon employment upon 52,137 
 
 Gumming Stamps, 
 
 overtime upon 67, 144 
 
 Gutta-Percha, 
 
 manufacture of, by machinery constitutes non-textile 
 factory 114, 148 
 
 Hair, 
 
 manufacture of, constitutes textile factory 114 
 
 prohibition as to meals in sorting 
 rooms 52, 138 
 
 Handicraft, 
 
 the exercise of any, deemed to be employment 11& 
 
 Hat-Works, 
 
 declared to be non- textile factories and defined... 114, 148 
 
 Health. 
 
 See also Sanitary Provisions and Public Health Acts. 
 
 special provisions for 2, 46, 1 37 
 
 in workshops 165,167 
 
 employment in places injurious to ... 198, 200, 220 
 
 trades injurious to ... 173, 175, 223 
 
 Hemp,* 
 
 manufacture of, constitutes textile factory 114 
 
 Hire, 
 
 working for, definition 119 
 
 Hirer, 
 
 of machine, &c., liability of where not occupier 124 
 
318 Index, 
 
 Hoists. 
 See also Machinery. page 
 fencing of ... 5 
 
 Holidays, 
 
 days to be observed as, in factories and workshops in 
 England and Wales 26, 27, 28, 209 
 
 days to be observed as, in Scotland 189 
 
 Ireland 191 
 
 substitution of another half holiday for Saturday in non- 
 textile factories or workshops 60 
 
 different, for different sets of employees in non-textile 
 factories or workshops ... ... 62,63 
 
 substitution of other days for Christmas Day and Good 
 Friday in Jewish factories ... 63,64 
 
 cessation from work not to be deemed a, unless notice 
 given 180 
 
 notice of certain, must be affixed 28, 180 
 
 the ordinary, need not be aflfixed or given ... 210 
 
 in laundries, provisions as to 214 
 
 domestic workshops, not required in 77 
 
 Home Work, 
 
 exemption of, where not principal means of livelihood 123 
 
 Hosiery Factories, 
 
 five hours' spell authorised 
 
 ... 
 
 61, 146 
 
 Hot Liquid, 
 
 accidents occasioned by, must be reported 
 
 ... 
 
 ... 210 
 
 Humidity, 
 
 provisions as to 
 
 in cotton cloth factories ... 
 
 .*.. 
 
 ... 226 
 
 244—252 
 
 thermometers in cotton cloth factories 
 
 
 
 244, 253 
 
 notice of, to be given in cotton cloth factories 
 
 ... 
 
 ... 247 
 
 Incomplete Processes, 
 
 period of employment may be extended '69, 70, 144 
 
Index, . 319 
 
 Indiarubber Making, page 
 
 by machinery constitutes a non- textile factory ... 114, 148 
 
 Indicator, 
 
 automatic, regulations as to 232, 233 
 
 penalty for use of false 233 
 
 Infectious Disease, 
 
 wearing apparel may not be made in any place where 
 there is an 201 
 
 Information, 
 
 regulations as to form, hearing of, &c. ... 107, 108, 111 
 
 Inquest, 
 
 where death results from accident, provisions as to 182, 212 
 
 Inspector, Inspectors, 
 
 appointment, payment of, &c 86 ei seg. 
 
 exemption of, from serving as parochial or municipal 
 
 officer 87 
 
 report of proceedings of 87 
 
 certificates of appointment of 92 
 
 candidates for office of, in Wales to be preferred, who 
 
 have knowledge of Welsh language 183 
 
 duties of, with regard to cotton cloth factories 248 
 
 modified in case of quarries 256 
 
 under Truck Acts 276 
 
 Elementary Education Acts 280 
 
 Prevention of Cruelty to Children Act 284 
 
 Notices to he given to — 
 See Notices. 
 
 Noticeslto be given by — 
 
 to sanitary authority of nuisance remediable under 
 
 Public Health Acts 4 
 
 to sanitary authority of commencement of workshop ... 185 
 
 occupier, of unfitness of child for work 40 
 
 default in white lead factory 155 
 
 Poioers and authority of — 
 
 in laundries 214 
 
 as to certificates in white lead factories 154, 164 
 
 may conduct proceedings before magistrate 238 
 
320 Index, 
 
 Inspector, Inspectors — continued. 
 
 Powers and authorihj of— (con.) page 
 
 may be accompanied by officer of sanitary authority ... 4 
 accompanied by constable where opposition 
 
 anticipated 88, 237 
 
 enter factory or workshop at all reasonable times... 88 
 require surgical certificate of capacity of work ... 40 
 production of registers, certificates, declara- 
 tions, &c 88 
 
 enter schools in which employees are being 
 
 educated 88- 
 
 name clock by which employment, meal hours, &c., 
 
 are to be regulated 96- 
 
 proceed against actual offender in lieu of occupier 106 
 be authorised to enforce sanitary provisions in work- 
 shops and laundries 165 
 
 enforce sanitary provisions, &c., after default by 
 
 sanitary authority 166 
 
 exercise power of entry without warrant 184 
 
 examine lists of out- workers, and must be furnished 
 
 with copy of same 185, 186 
 
 take proceedings where a factory or workshop is 
 
 dangerous 198 
 
 take proceedings in case of dangerous machine ... 199^ 
 notify what parts of a machine are dangerous ... 202 
 take proceedings to enforce provisions for escape 
 
 from fire 204 
 
 appoint certifying surgeons ... .: 93 
 
 give directions as to examination by, and fees of 
 
 certifying surgeons 94,95 
 
 annul a certificate of fitness 42 
 
 certify school if no efficient school within two 
 
 miles 30 
 
 fix day on which school certificates are to be sent... 32 
 
 determine where notices are to be affixed 98 
 
 direct proper ventilati on 5 1 , 22 7 
 
 enforce provisions of Truck Acts in factories and 
 
 workshops 276 
 
 enforce provisions of Prevention of Cruelty to 
 
 Children Act 284 
 
 certify copy of special rules 177 
 
Index, 321 
 
 Inspector of Nuisances. 
 
 See also Sanitary Authority. page 
 
 power of sanitary authority upon certificate of 168 
 
 may accompany inspector if required to do so 4 
 
 Investigation, 
 
 special, as to accidents, may be ordered by Secretary of 
 State 213 
 
 Ireland, 
 
 application of Acts to 126 et seq., 163, 191, 239 
 
 holidays in 191 
 
 Iron Mills, 
 
 declared to be non-textile factories and defined 114, 147 
 
 meal hours at different times in 66,140 
 
 male young persons may work in day and night shifts 
 
 in 73, 145 
 
 period of employment may be extended where process 
 
 incomplete 69, 144 
 
 exemption of, from limewashing 48 
 
 notice of accidents in, must be given by actual employer 
 
 to occupier 211 
 
 Iron Ore Washing, Iron Tube Making, 
 
 male young persons may be employed upon in day and 
 night shifts 73,146 
 
 Ivory Turning and Cutting, 
 
 meals prohibited in certain cases 52, 138 
 
 Jews, 
 
 variations of periods of emploment in case of ... 64, 65 
 
 Job Dyeing, 
 
 period of employment in, may be extended ... 67, 142 
 
 Jute, 
 
 manufacture of, constitutes textile factory 114 
 
 Lace Factories, 
 
 conditions as to employment of male young persons over 
 
 sixteen in 57,68 
 
 T 
 
322 Index. 
 
 Lace Warehouse, page- 
 
 declared to be either non-textile factories or workshops, 
 and defined 114, 14^ 
 
 Lapping, 
 
 included in provisions as to bleaching and dyeing 
 
 works 146 
 
 period of employment in, may be extended ... 67,144 
 
 Laundries, 
 
 application of Acts to 165,166,214 
 
 notice of accidents in 44,210 
 
 powers of Secretary of State as to 166 
 
 enforcement by inspector of sanitary provisions in ... 166 
 
 provision for regulating temperature in, etc 215 
 
 exceptions as to certain classes of 216 
 
 period of employment in, may be extended 216 
 
 Lavatories, 
 
 provision for, where poisonous substances used ... 226 
 
 Lead, 
 
 various processes connected with certified to be 
 
 dangerous ' 175 
 
 poisoning from, to be notified {See also Poisoning) ... 224 
 
 Legal Proceedings 101 etseq. 
 
 Letterpress Printing Works, 
 
 declared to be non-textile factories and defined... 114, 148 
 period of employment in, may be extended ... 67,142 
 meals may be taken at different times in ... 66, 140 
 
 employment of male young persons in day and night 
 
 shifts in ... 73,145 
 
 employment of male young persons of sixteen at night 
 
 in newspaper printing 75 
 
 difi'erent holidays may be given to different sets 62 
 
 Limewashing, 
 
 in certain factories 46 
 
 exception from, in certain cases by Secretary of State 
 
 46-4» 
 
 in bakehouses 49 
 
 power of Secretary of State to enforce in workshop ... 165 
 
Index, 323 
 
 Limewashin^ — continued. page 
 
 enforcement of by sanitary authority in workshop 167, 168 
 
 in tenement factories 220 
 
 evidence as to failure to observe provisions as to ... 236 
 
 list of places exempt, or partially^exempt from... 47 — 49 
 
 Limitation of Time, 
 
 for appealing to quarter sessions 1 08 
 
 laying information Ill 
 
 Linen Factories, 
 
 certified to be dangerous 175 
 
 Lithographic Printing, 
 
 period of employment may be extended 67, 142 
 
 prohibition as to meals in case of... ... ... 52, 139 
 
 Local Authority, 
 
 definition of 163 
 
 in Scotland 163 
 
 Ireland 163 
 
 time at which officer of, may examine premises ... 3 
 
 powers of, in connection with retail bakehouses ... 161 
 
 under Public Health Acts .. 2, 3, 165, 166, 285 
 
 Locomotive, 
 
 use of, included in " process " 192 
 
 " London Gazette," 
 
 matter to be notified in 33, 81, 86, 87 
 
 Loss of Life, 
 
 compensation for, recoverable by family of deceased 102, 205 
 
 Lost Time, 
 
 recovery of, in factories moved by water power 72 
 
 Lucifer Match Works, 
 
 declared to be non-textile factories and defined... 114, 147 
 restrictions upon employment of children in ... 52, 137 
 
 prohibition as to meals in 52, 138 
 
 certified to be dangerous 175 
 
 Machine Ruling, 
 
 extension of period of employment in ... ... 67, 142 
 
 Y 2 
 
324 Index, 
 
 Machine Works, page 
 ceilings exempt from limewashing in 49 
 
 Machinery. 
 
 See also Accidents. 
 
 includes driving strap or band 192 
 
 fencing of 5, 169, 201 
 
 child may not clean while in motion 11 
 
 young person may not clean dangerous machinery while 
 
 in motion 11,202 
 
 fencing of, to be maintained in an efficient state ... 5 
 
 saving as to young persons repairing 124 
 
 regulations as to position of self-acting machine ... 202 
 liability of owaier to fence, instead of occupier, in tene- 
 ment factories 219 
 
 decision of Queen's Bench as to dangerous 6 
 
 any person cleaning or oiling, is deemed to be employed 119 
 accident caused by ill-fenced, liability as to 102 
 
 Majolica Painting, 
 
 meals prohibited in certain cases 52, 138 
 
 Making-up and Packing, 
 
 period of employment may be extended 67, 142 
 
 Male Young Persons, 
 
 employment of in night shifts 73 
 
 at night in glass factories 75 
 
 above sixteen, employment of — 
 
 in lace factories 57 
 
 bakehouses 58 
 
 newspaper printing 75 
 
 night shifts 74 
 
 Manual Labour, 
 
 what constitutes, in a factory or workshop ... 115,116 
 exercise of, for purposes of instruction in schools ... 117 
 
 Manufacturing Process, 
 
 definition of " factory " as 114 
 
 person working in, deemed to be " employed " 119 
 
 Marble Works, 
 
 exemption of from limewashing 48 
 
Index, 325 
 
 Meals, 
 
 See also Employment and Meal Hours. page 
 
 regulations as to 24 
 
 may not be taken in certain parts of factories and 
 workshops 52 
 
 Mechanical Power, 
 
 use of , constitutes a " factory " , 114 
 
 Medical Officer of Health, 
 
 powers of, in workshops ... 167 
 
 enforcement of law by, in retail bakehouses 162 
 
 may be taken by an inspector into a factory or workshop 4 
 must give notice to inspector of employment in workshops 167 
 powers of sanitary authority to act on certificate of ... 168 
 definitions of 128, 132 
 
 Medical Practitioner, 
 
 notice of certain diseases to be given by, to chief 
 
 inspector 224 
 
 fee of, for giving notice ... *** ... 225 
 
 Melting Glass. 
 See Annealing. 
 
 Metal Works, 
 
 declared to be non-textile factories and defined ... 114, 148 
 
 accidents in, to be reported 42, 43, 210 
 
 employment of children in, in grinding, forbidden 52, 137 
 
 Metal Tube Works. 
 
 See Iron Tube Works. 
 
 Mill Gearing, 
 
 definition of 122 
 
 must be securely fenced 5 
 
 may not be cleaned while in motion by young person or 
 
 woman 11 
 
 accident caused by ill-fenced, liability as to 102 
 
 Milling, Postage, and Inland Revenue Stamps, 
 
 period of employment may be extended 67, 144 
 
 Mills, 
 
 what mills are non-textile factories 114, 147 
 
326 Index, 
 
 Mineral Dressing Floors, page 
 
 male j'oung persons of 16 years of age may be employed 
 in night shifts in calcining and stamping ... 73, 145 
 
 Mines, 
 
 metalliferous, employment of women in respect of ... 150 
 
 coal, employment of women in respect of 150 
 
 provisions of Metalliferous Mines Act apply to quarries 257 
 
 Molten Metal, 
 
 accidents to be reported 42,211 
 
 Names and Addresses, 
 
 of inspectors and certifying surgeons must be affixed in 
 factories and workshops 98 
 
 Newspaper Printing, 
 
 employment of male young persons upon at night 75, 207 
 
 Night, 
 
 definition of ... 122 
 
 Nightwork. 
 
 See also Employment. 
 
 employment of male young persons upon in certain 
 
 factories 73,74,76,145,207,231,256 
 
 power of Secretary of State to extend provisions as to... 74 
 
 Non-Textile Factories. 
 
 See Factories. 
 
 Notice, Notices. 
 
 See also Notification. 
 
 list of, which are required in case of exceptional working 
 
 84,85 
 
 printing, writing, service of, etc 99,238 
 
 provisi on as to, in laundries 214,215 
 
 table of 258 
 
 of accidents, form for 262 
 
 To he given by iiwpector — 
 to sanitary authority of nuisance in factories or work- 
 shops 4, 166 
 
 to sanitary authority of commencement of a workshop 185 
 
Index, 327 
 
 lYotice, Notices — continued. 
 
 To he given by inspector — (con.) page 
 
 to sanitary authority of existing worksliop 235 
 
 to occupier of a factory or worksliop, of unfitness for 
 
 work ... 40 
 
 to occupier of a factory or workshop, of default in white 
 lead factory ^ 155 
 
 To he given to inspector hy occupier of a factory or workshop — 
 
 of commencing factory 96 
 
 workshop 185 
 
 existing workshop 235 
 
 accidents 182, 210 
 
 certain diseases in a factory or workshop 225 
 
 intention to employ adults only 21 
 
 in flax scutch mills... 79 
 
 work eight hours on Saturdays 179 
 
 alter period of employment and meal hours 25 
 
 mode of employment of children ... 25 
 
 work under any special exception 82, 83, 84 
 
 humidity in cotton cloth factories ... ... 247,248 
 
 holidays in certain cases 27,63,209 
 
 accidents 182, 210 
 
 list of 258 etseq. 
 
 To he given to certifying surgeon hy occupier — 
 of accidents in certain cases 211 
 
 To he affixed in a factory or workshop — 
 
 of abstract of Act 98 
 
 period of employment and meal hours ... 25, 99 
 
 employment of children 25 
 
 mode of 25 
 
 holidays in certain cases 27, 63, 210 
 
 exceptional workings 82,83,84 
 
 list of ... 84 
 
 of names and addresses of inspector and certifying 
 
 surgeon 98 
 
 of clock by which employment and meal hours are 
 
 regulated 99 
 
 of prohibition of employment in certain works 52 
 
 taking meals in certain places ... 53 
 
328 Index. 
 
 Kotice, Notices — continued. 
 
 To be affixed in a factory or workshop— (con,) page 
 
 of humidity in cotton cloth factories 247,248 
 
 of special rules in case of dangerous and unhealthy- 
 employment 176 
 
 of number of persons who may be employed in each 
 room 198 
 
 list of ... 2b9etseq. 
 
 liability of owner in case of, instead of occupier, in 
 tenement factories 219 
 
 Notification, 
 
 by coroner to inspector, of inquest 182,212 
 
 by medical practitioner to chief inspector of certain 
 diseases 224 
 
 Nuisance, 
 
 provisions as to, in factories 2 
 
 workshops 167 
 
 time at which premises may be examined for existence of 3 
 notice by inspector to sanitary authority of ... 4,199 
 
 may be remedied by inspector in default of sanitary 
 authority 165, 166 
 
 Obstruction, 
 
 of an inspector, what constitutes 89 
 
 Occupier, 
 
 must allow certain holidays 26 
 
 affix notice of holidays in certain cases ... 27, 63, 209 
 
 obtain school attendance certificate 32 
 
 payment by, for schooling, and deduction from wages ... 32 
 of factory, must obtain certificate of fitness for employ- 
 ment 38 
 
 of workshop, may obtain certificate of fitness for 
 
 employment ... 40 
 
 must obtain surgical certificate of capacity for work if 
 
 required on objection of inspector 40 
 
 miast give notice of accident 44,210 
 
 keep register of accident 45,212 
 
 provisions to be observed by, when availing himself of 
 epecial exceptions... 82 
 
Index. 329 
 
 Occupier— continued. page 
 
 register to be kept by, when availing himself of special 
 
 exceptions, and report made to inspector ... 83, 178< 
 must furnish inspector with means for entry, inspec- 
 tion, etc 89 
 
 payment of certifying surgeon's fee by, and deductions 
 
 from wages ... 95 
 
 must keep registers 97,208- 
 
 power of, to exempt himself from fine on conviction of 
 
 actual offender 10^ 
 
 duties of, in case of dangerous and injurious trades 173 etseq. 
 
 may propose amendment of special rules 176 
 
 must give printed copy of special rules on demand ... 177 
 is responsible for and may be made to contribute towards 
 
 expense of providing escape from tire ... 171, 204 
 
 must keep list of outworkers if required and send copy 
 
 to inspector 185, 186, 235 
 
 form of list of outworkers, to be kept by 186 
 
 must not give outwork to be done in place notified to be 
 
 injurious to health 200 
 
 must not allow wearing apparel to be made where there 
 
 is an infectious disease 201 
 
 is not liable for penal compensation in case of injury to 
 
 health unless injury caused by his neglect 206 
 
 exemption of, in certain cases, in tenement factories ... 219 
 
 must make annual return of persons employed 227 
 
 liability of, for enforcement of Act generally ... 101 ei seq'. 
 ostensible, sufficient if information states name of ... Ill 
 must furnish particulars of wages and work in certain 
 
 cases ... ... ... ... 231 
 
 actual offender may be ordered to pay costs in lieu of ... 238 
 
 of cotton cloth factory, duties of 246 et seq. 
 
 notices to be given by 258 et seq. 
 
 See Notice. 
 
 Offences, 
 
 See Legal Proceedings ; Penalties. 
 
 Oil and Seed Crushing Mills, 
 
 male young persons of sixteen may be employed in 
 night shifts in 73, 14& 
 
330 Index * 
 
 Oiling Machinery, page 
 deemed to be employment 119 
 
 Open Air, 
 
 being in, does not exclude a place from being a factory 
 
 or workshop 117 
 
 period of employment upon making apparatus in, may 
 
 be extended 67,143 
 
 Open Air Bleaching, 
 
 exceptional working upon 70 
 
 period of employment may be extended 67,142 
 
 exception as to meal hours in case of 60, 140 
 
 Open Air Rope Works, 
 
 period of employment may be extended 67, 142 
 
 Order, 
 
 by Secretary of State, provisions as to 81 
 
 of court, to bring factory or workshop into conformity 
 with Act in addition to or in lieu of fine 101 
 
 Ornamenting, 
 
 process of, may constitute non-textile factory, or work- 
 shop 115, 116 
 
 Outworkers, 
 
 provisions as to list of ... 185,235 
 
 forms for list of 186, 187 
 
 Overcrowding, 
 
 See also Sanitary Provisions. 
 
 what constitutes 3,197 
 
 Overtime, 
 
 employment of young persons and women upon 67 et seq.^ 
 
 141, 159, 206, 230 
 
 restrictions upon overtime employment 206 — 208 
 
 for extra half -hour upon incomplete process ... 69,144 
 upon turkey-red dyeing and open air bleaching ... 70 
 
 to preserve perishable articles ... ... 71,145,206 
 
 in factories driven by water power 72 
 
 laundries 216 
 
 register of, imder special exceptions, to be kept and 
 
 report 82, 178 
 
 not authorised on Saturday except in case of Jews ... 207 
 
Index. 331 
 
 Owner, i'age 
 definition of 239 
 
 duty of, to provide escape from fire 169, 171 
 
 of machine, saving as to, where not occupier 124 
 
 notice, &c., to, may be served on his agent 238 
 
 Packing up Goods, 
 
 period of employment in, may "be extended ...67, 142, 230 
 
 Painting. 
 
 See LiMEWASHING. 
 
 Paint Works, 
 
 exempt from limewashing 48 
 
 certified to be dangerous 175 
 
 Pan, 
 
 accidents arising from, filled with hot liquid or molten 
 metal must be reported 210 
 
 Paper, 
 
 colouring and enamelling 67, 143 
 
 prohibition as to meals 52, 139 
 staining works, declared to be non- textile factories and 
 
 defined 114,147 
 
 prohibition as to meals in... .,* 52, 139 
 
 mills declared to be non-textile factories and defined... 114, 
 
 148 
 
 exemption as to meals in 66, 140 
 
 night shifts in employment of young persons 
 
 in 73,145 
 
 period of employment in, may be extended 69, 144 
 
 Parent, 
 
 definition of • 121 
 
 obligation upon, to cause child to attend school 29, 30 
 penalty imposed upon, for allowing child or young 
 person to be employed contrary to Act, or child to be 
 absent from school 104 
 
 Parliament, 
 
 orders of Secretary of State to be laid before 81 
 
 special rules made by chief inspector must be laid 
 before, but only where relating to male adults ... 224 
 
332 Index, 
 
 Particulars, page. 
 
 of work and wages to be furnished in certain cases 
 
 231—234 
 
 Penalties, 
 
 for personating inspector 92. 
 
 obstructing inspector 90,188 
 
 not keeping register 98* 
 
 affixing abstract and prescribed notices 99^ 
 
 keeping factory or workshop in conformity with 
 
 Act 101,18a. 
 
 offences to which the above applies 102 
 
 to be paid by way of compensation, to person injured by 
 
 want of fence to machinery 102, 188, 205- 
 
 for employment contrary to Act... 103, 188 
 
 list of offences included in the above 104 
 
 for not allowing the legal meal hours and absence from 
 
 work 104 
 
 imposed upon parents, for allowing child or young 
 person to be employed contrary to Act, and child to 
 
 be absent from school ... ... ... 104 
 
 for forgery of certificates, false entries, &c. 105 
 
 in case of offences for which occupier is liable 105 
 
 exemption of occupier from, on conviction of actual 
 
 offender 106- 
 
 limitation of, in case of repetition of offence from day 
 
 today 107 
 
 recovery and application of 107 
 
 for carrying on white lead factory without certificate ... 155 
 
 allowing part of a bakehouse to be slept in 50^ 
 
 breach of sanitary regulations in bakehouses 160, 161 
 
 workshops ... 168 
 
 not providing proper means of escape from fire ... 170' 
 contravention of special rules, as to dangerous and 
 
 injurious trades 175 
 
 not affixing notice of special rules in dangerous and 
 
 injurious trades 177 
 
 defacing, etc., special rules 17T 
 
 not giving notice of commencement of factory or 
 
 workshop 96,185. 
 
 not giving notice of existing workshop 235- 
 
 fixing holidays 28< 
 
Index, 333 
 
 Penalties — continued. PAGE 
 
 for not affixing notice of particulars of employment 
 
 under special exceptions 179 
 
 for not keeping list of outworkers 186 
 
 minimum, in certain cases 188 
 
 for contravention of order of court, in case of dangerous 
 
 trades 199 
 
 contravention of order of court, as to dangerous 
 
 machine 200 
 
 contravention of order of court, to provide escape 
 
 from fire 204 
 
 contravention of order of court, to bring factory or 
 
 workshop into conformity with Acts 101 
 
 giving out work to be done, in places notified to be 
 
 injurious to health 200 
 
 making wearing apparel where there is an infectious 
 
 disease 201 
 
 not giving notice of accident 211 
 
 keeping register of accidents 212 
 
 breach of provisions as to laundries 216 
 
 failing to furnish particulars of work and wages ... 233 
 placard particulars of work and wages ... 233 
 
 using false indicator, or altering indicator 233 
 
 failing to send annual return 227 
 
 divulging trade secrets 234 
 
 procuring disclosure of trade secrets 234 
 
 offences under Cotton Cloth Factories Act 250 
 
 Truck Acts 266,275 
 
 Prevention of Cruelty to Children 
 Act 284,285 
 
 Percussion Cap Making, 
 
 declared to be non-textile factory and defined ... 114, 147 
 
 Perforating Stamps, 
 
 period of employment may be extended 67, 144 
 
 Perishable Articles, 
 
 period of employment may be extended 71, 145, 159 
 
 Person, 
 
 definition of 121 
 
334 Index, 
 
 Personation, paqb 
 
 of iiispectx)r punishable by imprisonment * 92 
 
 Phosphorus, 
 
 poisoning by, to be notified 224 
 
 See also Poisoning. 
 
 red, or amorphous, if solely used, for manufacture of 
 lucifer matches, exception as to 175 
 
 Pillow Lace Making, 
 
 exemptions in case of 123,150 
 
 Pit Banks, 
 
 declared to be either non-textile factories or workshops 
 
 and defined 114, 14» 
 
 regulations as to employment in 150 
 
 Pitch, 
 
 exemption from limewashing in places where used ... 4S 
 
 Playing Card Making, 
 
 period of employment upon, may be extendad ... 67, 142 
 prohibition as to meals, in case of 52, 130 
 
 Poisoning, 
 
 notice of disease occasioned by, to be sent to. inspector 
 
 and certifying surgeon 225 
 
 provisions as to accidents apply to diseases occasioned by 225 
 
 Polishing, 
 
 period of employment upon, in a warehouse ... 67, 142 
 
 on a wheel, prohibition as to meals in case of ... 52, 138 
 
 ventilation by fan in case of 51, 220 
 
 Poor Law Medical Officer, 
 
 to act as certifying surgeon, in certain cases 92 
 
 definition of, in Scotland 128 
 
 Ireland 132 
 
 Pork Pie Making, 
 
 period of employment upon, may be extended ... 67, 143 
 
 Postage Stamps, 
 
 period of employment upon perforating, gumming, &c., 
 may be extended... ... 67,144 
 
 Prescribe, 
 
 definition of •• ... 121 
 
Index, 335 
 
 Preservation, page 
 
 of perishable articles ... 71,145 
 
 Preserves, 
 
 period of employment may be extended upon making, 
 from fruit 71,145 
 
 Press of Work, 
 
 period of employment may be extended in cases where 
 there is 67, 142 
 
 Prevention of Cruelty to Children Act, 
 
 provisions of, affecting inspectors.. 283,284 
 
 Printing, 
 
 See Letterpress Printing Works. 
 
 Print Works, Bleaching, and Dyeing Works, 
 
 employment and meal hours in 53 
 
 declared to be non-textile factories and defined... 114, 146 
 period of employment may be extended in turkey-red 
 
 dyeing and open air bleaching 67, 70, 142 
 
 period of employment may be extended where process 
 
 is incomplete 69, 144 
 
 exemption as to meals of male young persons in 66, 140 
 meals may not be taken in singeing rooms in ... 52, 138 
 ceilings of, exempt from limewashing 49 
 
 Privy, 
 
 sanitary provisions as to 2 — 4, 168, 169 
 
 accommodation in factories and workshops 3, 228, 285, 286 
 
 Process, 
 
 period of employment may be extended upon in- 
 complete 69, 144 
 
 includes use of locomotive ... ... 192 
 
 injurious to health, special rules as to 173 — 175 
 
 Procurator Fiscal, 
 
 may institute proceedings in Scotland 129 
 
 Proficiency, 
 
 standards of .., ... 33 et segf. 
 
336 Indea, 
 
 Proof, PAGE 
 
 See also Evidence. 
 
 of age 39,41,181 
 
 Prosecution, 
 
 of offences and recovery and application of fines ... 107 
 in Scotland must be instituted by procurator fiscal or 
 inspector 129 
 
 Public Health Acts, 
 
 See also Sanitary Provisions. 
 
 application of, to factories and workshops ... 2, 125 
 
 workshops ... ... 165 
 
 provisions of affecting factories and workshops ... 285 et seq. 
 
 definition of " owner " same as in Act of 1875 238 
 
 application of, to Ireland 239 
 
 Scotland 189 
 
 Quarries, 
 
 declared to be either non-textile factories or workshops, 
 
 and defined ... 114, 149 
 
 application of certain provisions to 255 
 
 modification of application of Factory Acts to 256 
 
 employment of young persons in shifts in 256 
 
 provisions of Metalliferous Mines Act apply to 257 
 
 certified to be dangerous 175 
 
 Quarries Act, 1894, 
 
 to be administered by inspector of mines 255 
 
 Quarter Sessions, 
 
 appeal to 108 
 
 Quays. 
 
 See Docks. 
 
 Bags, Sorting or Dusting, 
 
 meals prohibited in 52,138 
 
 Raw Silk : Winding and Throwing. 
 
 See Silk. 
 
 Hecognised Efficient School, 
 
 definition of 120 
 
 a parent shall cause his child to attend 29 
 
Index. 337' 
 
 Recovery of Lost Time, 
 See Lost Time. 
 
 Reelers, page 
 
 in cotton factories to be supplied with particulars of 
 work 183,231 
 
 Registers of Accidents, 
 
 to be kept 45, 212 
 
 Registers of Children and Young Persons, 
 
 to be kept in factories and workshops 97,208 
 
 regulations as to 97,98 
 
 to be kept in workshops entitled to overtime 208 
 
 failure to enter particulars as to limewashing in, to be 
 evidence of failure to limewash 236 
 
 Registers of Overtime, 
 
 to be kept 83,178 
 
 Repairing any Article. 
 See Article. 
 constitutes a non-textile factory or workshop ... 115,116 
 
 Repairs, 
 
 saving, as to young persons executing 124 
 
 Repeals, 
 
 of previous enactments ... 134,151,192,195,240,241 
 
 Repetition of Oifence, 
 
 restraint on cumulative fines 107 
 
 minimum penalty fixed in certain cases 188 
 
 Report, 
 
 of certifying surgeon 93,181 
 
 inspector under Cotton Cloth Factories Act 254 
 
 occupier must make, of employment under special 
 
 exceptions 83, 178 
 
 annual, to be laid before both Houses of Parliament ... 87 
 
 Return, 
 
 annual, of persons employed in factory or workshop ... 227 
 
 Ribbon Factories, 
 
 five-hour spell authorised 62, 14 
 
 Z 
 
338 Index, 
 
 Ribbon-weaving Workshops, page 
 
 period of employment in, may be extended ... 73, 144 
 
 Ropeworks, 
 
 declared to be either non-textile factories or workshops, 
 
 and defined 114,149 
 
 period of employment may be extended when in open 
 air ._ ... ... ... .^ .«. .^ 67, 142 
 
 Sacramental Past Day, 
 
 must be a holiday in Scotland, or some day substituted 
 for it 190 
 
 Safety. 
 
 See Fencing ; Machinery ; Mill Gearing ; Fire. 
 
 provisions as to 5,169,197 
 
 in laundries ... 214 
 
 Salt, 
 
 a girl under sixteen not to be employed in making 52, 137 
 
 Salting Fish. 
 
 See Fish. 
 
 Sanitary Authority, 
 
 definition of 121 
 
 notice to, by inspector 4,199 
 
 powers of insiDector after default by ... 166, 166, 204 
 
 in workshops ,.., ,„ 167 
 
 to require means of escape from fire ... 169, 204 
 
 is entitled to notice of new workshops 185 
 
 expenses incurred by, how defrayed .„. 171 
 
 power of^ to examine lists of outworkers 185 
 
 may take proceedings in case of dangerous premises ... 198 
 
 Sanitary Conveniences, 
 
 regulations aa to ^ 3, 228 
 
 Sanitary Provisions, 
 
 generally as to ... 2 ef sej., 165 et seq.y 169, 197 et seq., 
 
 285 eiseq, 
 in parUcular classes of factories and workshops 46 et seq. 
 
Indea, 339 
 
 Sanitary VroYisions— continued. page 
 
 may be made condition of special execptions by Secretary 
 
 of State 79 
 
 special, as to bakehouses 160, 161, 223 
 
 powers of Secretary of State as to, in workshops ... 165 
 
 overcrowding defined ^ ... 197 
 
 in laundries ... 214 
 
 in tenement factories, liability of owner in respect of 
 
 instead of occupier , ... 219 
 
 as to temperature in factories and workshops 226 
 
 Saturday, 
 
 periods of employment and meals. See Emplotmeiit and 
 
 Meal Hours. 
 when hours of work have not exceeded eight on any day 
 
 of the week work may be continued for eight hours 
 
 on Saturday *., * ... .., 179 
 
 male young persons working in day and night shifts may 
 
 work on Saturday afternoon ... ... 74, 145, 206, 207, 
 
 231,266 
 employment on evening of, by Jew occupier ... ,,. 63 
 
 child not required to attend school on 29 
 
 in turkey-red dyeing young persons and women may 
 
 work till 4.30 on Saturdays 61 
 
 overtime may not be made on Saturday 207 
 
 substitution by Secretary of State of another day for 60, 61 
 overtime may not be made on day substituted for ... 207 
 
 Scarlet Fever, . 
 
 where existent, no wearing apparel 
 
 may 
 
 be made, 
 
 cleaned, or repaired 
 
 ... 
 
 ... 201 
 
 shedule, 
 
 to Act of 1&7S 
 
 »»• 
 
 ... IZTetseq, 
 
 special provisions for health 
 
 ... 
 
 ... 137 
 
 restrictions *.. 
 
 ... 
 
 138 
 
 exceptions as to meal hours 
 
 ... 
 
 140 
 
 overtime ... 
 
 ... 
 
 141 
 
 extra half-hour 
 
 ... 
 
 ... 144 
 
 overtime for perishable articles 145 
 
 nightwork. 
 
 «.. 
 
 ... 145 
 
 z2 
 
 
 
340 Index. 
 
 Schedule — continued. 
 
 to Act of 1878 — {con.) page 
 
 special exceptions as to continuous employment ... 146 
 exemptions 150 
 
 list of non-textile factories and workshops 146 
 
 repeals 151 
 
 to Act of 1883— 
 
 conditions requisite for certificate in white lead factories 164 
 toActoflSQl l^Zetseq. 
 
 ■ parties to arbitration, &c 194 
 
 repeals 195 
 
 toAaofl^m 240,242 
 
 regulations as to grinding in tenement factories 240 et seq. 
 . fees to certifying surgeons for special examinations ... 241 
 
 repeals 241 
 
 to Cotton Cloth Factories Act 252 
 
 limits of humidity 252 
 
 form for recording readings of thermometer 252 
 
 of inspector's report ... 254 
 
 to Quarries Act ».. 257 
 
 School. 
 
 See Child ; Certified Efficiekt School ; Kecognized 
 Efficient School ; Education of Children. 
 
 School Attendance, 
 
 definition of 31 
 
 certificate of previous due, to be fixed by Secretary of State 33 
 when excused 29, 30 
 
 School Certificate. 
 
 See Certificate of School [Attendance. 
 
 Scotland, 
 
 application of Acts to 126 et seq.^ 163, 18a 
 
 holdays in 189 
 
 powers of inspector in 130 
 
 Elementary Education Act in 281 
 
 Seasons of the Year, 
 
 extension of period of employment in trades depending 
 
 '• on «.« «.. t*% ... ... ■«• •*• ••• -14^ 
 
Index. 341 
 
 Second Conviction, page 
 penalty in certain cases of • 188 
 
 Secretary of State, 
 
 definition of , ... 121 
 
 provision as to orders of 81 
 
 publication of orders of 238 
 
 1. Powers as to officers, &c. — 
 
 may appoint inspectors, etc., remove them, and regulate 
 their powers and duties 86 
 
 may make rules for appointment and guidance of 
 certifying surgeons 93 
 
 may regulate fees of certifying surgeons for certificate of 
 fitness 95 
 
 2. Powers as to administration of Acts — 
 
 may prohibit the taking of meals in unhealthy parts of 
 
 the factories and workshops 53 
 
 may rescind such prohibition if afterwards necessary ... 53 
 may require certificates of fitness for work in workshops 
 
 and rescind requirement if afterwards necessary ... 64 
 may allow period of employment to be between 9 A.M. 
 
 and 9 p.m. in non-textile factories and workshops ... 56 
 may allow male young persons over sixteen to be 
 employed in bakehouses as if they were no longer 
 
 young persons 60 
 
 may substitute another half-day for Saturday in non- 
 textile factories ... ... ... 60 
 
 may extend exception as to continuous employment for 
 five hours of children, young persons, and women ... 62 
 
 may remit periodical limewashing 46 — 48 
 
 allow employment of male young persons of six- 
 teen in day and night shifts 74 
 
 ... allow half-holidays and holidays to be given on 
 difi'erent days to different sets of children, young 
 
 persons, and women 62 
 
 allow exceptions as to meal hours ... 66 
 
 make order as to overtime in non-textile factories 
 
 and workshops 68 
 
 make order as to 30 minutes' overtime 69 
 
 overtime to preserve perishable 
 articles 71 
 
342 Index. 
 
 Secretary of State — continued. 
 2. Powers as- to administration of Acts — (con.) page 
 
 may make cleanliness a condition of special exception... 79 
 
 rescind such order 80 
 
 exteiid exemptions in case of light handicrafts ... 123 
 enforce sanitary provisions in workshops 165 
 
 * certify employment to be dangerous or injuriousj 
 
 and enforce special rules ... ... 173 
 
 amend special rules 176 
 
 • req^uire list of outworkers to be kept ... ... 185 
 
 make order as to overcrowding ... 197 
 
 exempt certain classes of work from liability to 
 
 penalty for employment in unhealthy places ... 200 
 direct formal investigation of accidents ... ... 213 
 
 apply provisions as to diseases from poisoning to 
 
 any other disease 225 
 
 order separate branches of same factory or work- 
 shop to be treated as separate factories or work- 
 shops 231 
 
 order special inquiries and re-examinations by 
 
 certifying surgeon 237 
 
 exempt certain classes of work from restrictions 
 upon inside and outside employment 209 
 
 Seed Crushing Mills, 
 
 employment of male young persons over sixteen on 
 night shifts in .». ... ... 73,145- 
 
 Self-acting Machine. 
 
 See Machinery. 
 
 Service, 
 
 of notices, orders, requisitions, &c. .,» ... 99,238 
 on agent of owTier ... ... 238 
 
 Sessions, 
 
 appeal to ... •., ... ».. .., 108 
 
 equivalent of, in Scotland for purposes of appeal ... 131 
 Ireland for purposes of appeal ... 133 
 
 Slieli, 
 
 meals prohibited in places where snail or pearl shell is 
 
 • ' 'cut, ttfmed ,* or polished ► ..„ 52, 1 38- 
 
Index, 343 
 
 Sheriff, page 
 
 jurisdiction of, in Scotland « ... 130 
 
 Shifts, 
 
 employment of male young persons in ... 73, 75, 231, 256 
 
 Shipbuilding Yards, 
 
 declared to be either non-textile factories or workshops, 
 and defined ... ... ... 114,149 
 
 Shop Hours Acts, 
 
 provisions of 289 d, seq. 
 
 Shops, 
 
 employment in, in connection with factories and work- 
 shops to count as part of period of employment ... 209 
 
 conditions of employment in ^.. 289 
 
 powers of inspectors in case of 291 
 
 Silk, 
 
 manufacture of, constitutes a textile factory 114 
 
 five-hour spell authorised in the winding and throwing 
 of .« , ,.. 61,146 
 
 Silvering, 
 
 of mirrors, children and young persona may not be 
 employed upon 52,137 
 
 Singeing Rooms, 
 
 prohibition as to meals in 52,138 
 
 Sleeping, 
 
 room solely used for purpose of, not part of a factory or 
 workshop 189 
 
 tn bakehouses. Bee Eakehouses . 
 
 Smallpox, 
 
 wearing apparel may not be made in places infected by 201 
 
 Soap Works, 
 
 ceilings of, exempt from lime washing ... ,„ ... 49 
 
 Special Rules, 
 
 in case of dangerous and unhealthy occupations, pro- 
 
 .. visions. as to . ..,„ .., 173,206,223 
 
344 Index, 
 
 Special Rules — continued. page 
 
 in case of laundries... 214 
 
 may be applied to workshops in which male adults only 
 are employed ... ... 224 
 
 Spell, 
 
 five-hour, in certain textile factories during winter 
 months 61,146 
 
 Spontaneous Combustion, 
 
 period of employment may be extended to prevent ... 70 
 
 Standards of Proficiency 34—38 
 
 See also Certificate. 
 
 Starch Works, 
 
 ceilings of, exempt from limewashing 49 
 
 Steam, 
 
 accidents caused by explosion or escape of, must be 
 reported 211 
 
 escape of, to be prevented in wet spinning 52 
 
 places subject to influence of, exempt from limewashing 48 
 
 Steam Engine. 
 See Machinery. 
 
 Steam Power, 
 
 use of, constitutes a factory 114, 115 
 
 Stone Works, 
 
 exempt from limewashing 48 
 
 Storage, 
 
 places used for, exempt from limewashing 48 
 
 Straw Hats, 
 
 employment upon manufacture of, may be between 9 a.m:. 
 and 9 p.m. 56, 57 
 
 Straw Plaiting, . 
 
 exemption in case of 123, 150 
 
 Sugar Factories, 
 
 exempt from limewashing » ,,, • 48 
 
Index, * 345 
 
 Sugar Refining, page 
 
 male }'ouiig persons over sixteen may be employed in 
 night shifts in certain processes incidental to... 73, 145 
 
 Summary Jurisdiction Acts, 
 
 definition of 122 
 
 in Scotland ... ... 129 
 
 Ireland 132 
 
 Summary Jurisdiction, Court of, 
 
 definition of... ... ... ... ... 122 
 
 power of, to make order as to dangerous factory or 
 
 workshop... 198 
 
 power of, to make order as to dangerous machine ... 199 
 grant interim order prohibiting use of 
 
 dangerous machine or premises ... 198,199 
 order provision of movable fire escapes ... 203 
 
 Summary Proceedings, 
 
 provisions as to ... ... ... Ill 
 
 evidence in 112,188 
 
 limitation of time for ... 188 
 
 Sunday, 
 
 prohibition of employment upon ... 26 
 
 exception as to prohibition of employment upon, in case 
 of Jews 65 
 
 exception as to prohibition of employment upon, in case 
 
 of young persons working in shifts 73 
 
 the last named exception not to extend to glass works 
 
 75, 207 
 
 Tanners' Shops, 
 
 ceilings exempt from limewashing 49 
 
 Tar, 
 
 where used, places are exempt from limewashing ... 48 
 
 Tea Lead, 
 
 period of employment upon rolling may be extended 67, 143 
 
 Teagle. 
 
 to be fenced 5 
 
346 Index, 
 
 Temperature, page 
 
 provisions as to maintaining reasonable ... „ 226 
 
 in cotton cloth factories ... ... 244, 252 
 
 Tenement Factories. 
 See also Factories. 
 provisions as to ., 219 
 
 Textile Factory. 
 
 See Factory. 
 
 Throwing Raw Silk. 
 
 See Silk. 
 
 Tiles, 
 
 female under the age of 16 may not be employed npon 
 
 making 52, 137 
 
 period of employment upon making, may be extended 
 
 67, 141 
 
 Tin Streams in Cornwall, 
 
 period of employment in case of, may be extended 
 
 67, 69, 143, 144 
 exception as to meal hours 
 
 substitution of half -day in case of 
 
 Tinning, 
 
 of certain articles certified to be dangerous 
 
 Tobacco Factories, 
 
 declared to be non- textile 
 
 Tow, 
 
 manufacture of, constitutes textile factory 
 
 Trade Secrets, 
 
 penalty for disclosing or procuiing disclosure of ... 234 
 
 Travelling Ovens, 
 
 exemption as to meal hours _in connection with the 
 use of ... ... ... " €6, 141 
 
 Traversing Parts. 
 See Machinery. 
 
 Treasury, 
 
 definition of ... ... ... 121 
 
 must approve appointment, &c ., of inspectors 86 
 
 m, 
 
 141 
 
 60, 
 
 61 
 
 *.• 
 
 175 
 
 14, 
 
 148 
 
 
 114 
 
Index, 347 
 
 Trimming Factories, pagb 
 
 five-hour spell. ajithorised in ... ... *.. 61, 146 
 
 Truck Acts, 
 
 provisions of, to be enforced in factories and workshops 
 by inspectors 264,276 
 
 Tube Works, 
 
 male young persons over sixteen may be employed on 
 night sbifts in ... ... ... .,« 73,145,146 
 
 Turkey-Red Dyeing, 
 
 period of employment may be extended 67, 142 
 
 period of em-ployment may be extended to prevent 
 
 spontaneous combustion in 70 
 
 employment upon, till 4.30 P.M. on Saturdays ... 61 
 
 Type Foundries, 
 
 prohibition as to meals in «, 52, 138 
 
 Unforeseen Events, 
 
 period of employment may be extended where press of 
 orders arises from , ... 67,142 
 
 Upholstery Work, 
 
 list of outworkers upon, to be kept and sent to inspector 
 
 186, 235 
 
 Urinal. 
 /See Privy. 
 
 Valentine Making, 
 
 period of employment may be extended .,. 67, 142 
 
 Vapour. 
 
 See Dust, Ventilation. 
 
 Varnish Works, 
 
 exempt from limewashing 48- 
 
 Vat, 
 
 accidents arising from unfenced. See Accident. 
 
 Ventilation, 
 
 by fan in factories and workshops 51, 227 
 
 power of- Secretary of State to enforce, in workshops „, 165 
 in laundries 215 
 
348 Index, 
 
 Ventilation —continued. PAGE 
 
 in tenement factories 220 
 
 adoption of special means for, may be made condition of 
 special exceptions 79 
 
 IVages, 
 
 particulars respecting, to be furnished in textile 
 factories 231 
 
 particulars respecting, may be ordered in case of non- 
 textile factories and workshops 234 
 
 provisions of Truck Acts with respect to ... 264,271 
 
 deductions which may be made from ... 32, 95, 273, 274 
 
 Wales, 
 
 preference of candidates who understand Welsh for office 
 of inspector in 183 
 
 Warehouses. 
 
 See also Docks. 
 
 period of employment may be extended in such parts of 
 factories as are 67,141,230 
 
 Warping and Winding, 
 
 period of employment may be extended upon process of, 
 in ribbon weaving in workshops 67,144 
 
 Washing. 
 
 See Sanitary Provisions ; Lavatories. 
 
 Watercloset. 
 See Privy. 
 
 Water Power, 
 
 use of, constitutes a factory 114, 115 
 
 time lost in factories moved by, may be recovered ... 72 
 
 Water Wheel. 
 
 See Machinery. 
 
 must be fenced 
 
 Wearing Apparel, 
 
 must not be made in places where there is an infectious 
 
 disease 
 
 where the making of, is given out regulations as to out- 
 
 workers apply 
 
 exception as to meal hours... 
 
 201 
 
 ... 236 
 
 J, 141 
 
Index, 34^ 
 
 Week, PAGE. 
 
 definition of , 121 
 
 Weights and Measures, 
 
 inspection of, in factories and workshops 100 
 
 Welsh. 
 
 See Wales. 
 
 Wet Spinning, 
 
 protection of workers in 52" 
 
 Wharves. 
 See Docks. 
 
 Wheel Race. 
 
 See Machinery. 
 
 must be fenced , 5. 
 
 White Lead Factories, 
 
 definition of 154,162 
 
 must be certified ... 154 
 
 regulations as to certificate 154,155,164 
 
 penalty for carrying on without certificate 155 
 
 certified to be dangerous... 175 
 
 prohibition as to employment in ,., 52, 137 
 
 Winding Silk. 
 
 See Silk. 
 
 Windows, 
 
 exemption from limewashing of works in which there 
 are no glazed ,., 47, 4S 
 
 Winter, 
 
 continuous employment for five hours during ... 61, 146 
 
 Woman, Women, 
 
 definition of 121 
 
 may not clean mill-gearing in motion 11 
 
 work between parts of self-acting "machinery in 
 
 motion ... 11 
 
 employment, &c., of, in textile factories 12, 13 
 
 non- textile factories 15 — 17, 228 
 
 exceptions to .the above 14 
 
 in flax scutch mills ... 17,79 
 
350 Index, 
 
 "Woman, "Women — continued. page 
 
 employment, &c., of, in workshops. . ... 20,21,178,228 
 employment, &c., of, in workshops in which children or 
 
 young persons are employed ... 20 
 
 employment, &c., of, in workshops in which children or 
 
 young persons are not employed 20,178 
 
 meal times of, must be simultaneous 24 
 
 employment of, during meal hours forbidden. , 24 
 
 restrictions on employment of, on Sundays .... ... 26 
 
 protection of, in wet spinning 52 
 
 may not take meals in certain parts of factories and 
 
 workshops 52 
 
 employment of, in print works, bleaching and dyeing works 53 
 exception as to hours of employment in non-textile 
 
 factories or workshops ... 56 
 
 substitution of half-day for Saturday in non-textile 
 
 factories and workshops 60 
 
 may be employed in turkey -red dyeing till 4.30 p.m. 
 
 on Saturdays 61 
 
 continuous employment for five hours of, in certain cases 
 
 in textile factories 61,62,146 
 
 different holidays and' half-holidays for different sets of 62 
 ' employment of, in factories and workkshops owned by 
 
 Jews 63,64 
 
 employment of Jewish, by Jews on Sunday ».. .... 65 
 
 exception as to simultaneity of meal hours 66 
 
 period of employment of, may be extended 67, 206, 230 
 
 period of employment of, may be extended for thirty 
 
 minutes when work is incomplete 69 
 
 period of employment of, may be extended in turkey- 
 red dyeing 70 
 
 period of employment of, may be extended to preserve 
 
 perishable articles 71,145 
 
 period of employment of, may be. extended in factories 
 
 where water power ia used ... . .. ... ^ 72 
 
 penalty for employment of, contrary to Ajct 103 
 
 employment of, on Saturdays, in non-textile factories 
 
 and. workshops not more than eight hours ... .^179 
 
 employment of, in laundries 214 
 
 . . overtime in laundries „. ^<, •„ 216 
 may not be employed after childbirth 180 
 
Index, 351 
 
 Woman, Women— cowfinwed page 
 restrictions on employment of, inside and outside fac- 
 tories and workshops 208 
 
 employment of, in connection witli coal and metal- 
 liferous mines ... 150 
 
 Wood, 
 
 places where unpainted or nnvamislied, is. made, exempt 
 from limewashing 48 
 
 Wool, 
 
 manufacture of, constitutes textile factory 114 
 
 prohibition as to meals in places where the sorting and 
 
 dusting of, is carried on ... 52,138 
 
 five-hour spell authorised upon the making of, in certain 
 
 counties ... ... ... 61, 146 
 
 particulars of wages, &c., in the manufacture of 231 
 
 Working for Hire, 
 
 definition of 119 
 
 Workplaces. 
 
 See also Workshops. 
 
 provisions of Public Health Act, 1875, affecting ... 286 
 
 Workshop, Workshops, 
 
 definition of «. » 115 
 
 emplo3'ment in ... ... 119 
 
 sanitary provisions 2,3,165 
 
 under Public Health Acts ^ 166 
 
 employment, &,c., of young persons in 15 — 17, 228 
 
 children in 17—20, 159 
 
 women in 20, 21, 178, 228 
 
 employment in^ on Saturday, of young persons and 
 women, not employed for more than eight hours ... 179 
 of women after childbirth, and of children 
 
 under 11, forbidden 180 
 
 in places injurious to health, in 200 
 
 of male young persons in, on night work 
 
 73, 231 
 restrictions on employment of children, young persons 
 and women 26 
 
352 Index, 
 
 Workshop, Workshops — continued. page 
 
 restrictions upon employment in, where worker is also 
 
 employed in a shop 209 
 
 restrictions upon employment, inside and outside ... 208 
 
 education of children employed in '2.^ et seq. 
 
 See also Education of Children. 
 
 holidays in 26, 209 
 
 certificates of fitness in 40 
 
 notice of accidents in 42—44,182,210 
 
 register of accidents in 45,212 
 
 investigation of accidents in 44, 45, 213 
 
 ventilation by fan in 51,227 
 
 notice of commencing, to be given to inspector ... 96, 185 
 
 existing 235 
 
 register of children and young persons in ...97, 208, 212 
 
 inspection of weights and measures in 100 
 
 penalty for not keeping in conformity with Act ... 101 
 
 employment in, contrary to Act 103 
 
 person found in, except under certain] circumstances to 
 
 be deemed to be employed 112, 18S 
 
 yards, playgrounds, &c., not to be deemed part of a ... 112 
 
 lead, &c., poisoning in ; 224 
 
 provision for lavatories in, where poisonous substances 
 
 used 226 
 
 provision for, in maintaining reasonable temperature in 226 
 
 of Truck Act, relating to 264, 271 
 
 Elementary Education Act, affecting 280 et seq. 
 Prevention of Cruelty to Children Act, 
 
 affecting 283 
 
 Public Health Act, affecting ... 285 etseq. 
 
 as to escape from fire in 203 
 
 provision as to escape from fire in, where more than 40 
 
 persons are employed 1 72, 204 
 
 evidence in summary proceedings ex- 
 tended to 188 
 
 dangerous machinery in 199 
 
 the making of wearing apparel in ... 201 
 
 annual return of persons employed in 227 
 
 sanitary conveniences in 3, 228 
 
Index. 353 
 
 l/\rorkshop, Workshops — continued. page 
 
 separate branches of, may be ordered to be treated as 
 
 separate workshops 231 
 
 particulars of wages, may be ordered in case of 234 
 
 table of notices in 258 ef se*;. 
 
 a place may be a, although in the open air 117 
 
 list of 148 
 
 overtime in 67, 71, 141, 145, 159, 230 
 
 power of Secretary of State as to sanitary provisions in 165 
 
 cleanliness and lime washing of ... 167 
 
 special provisions as to dangerous or injurious employ- 
 ment in VIZ et seq^. 
 
 inquest when death results from accident in ... . ... 182 
 
 room solely used for purpose of sleeping, not part of a 
 
 116, 118 
 
 what constitutes overcrowding in 197 
 
 court of summary jurisdiction may make order, as to 
 
 dangerous ... ... 198 
 
 a place from which work is given out, may be a ... 200 
 
 Workshops in which children and young persons are not 
 
 employed — 
 notice of intention to conduct on this system to be given 
 
 to inspector 21 
 
 period of employment for women in 178 
 
 are not allowed the exceptions granted to domestic 
 
 workshops 181 
 
 Workshops in which children and young persons are employed — 
 
 period of employment for women in 20 
 
 power to require certificates of fitness in 54 
 
 substitution of half day for Saturday in 60 
 
 different holidays for different sets of employees in ... 62 
 
 employment of Jews, by Jews in, on Sunday 65 
 
 j^eriod of employment may be extended in ... 67, 69, 71 
 
 Workshops in which ifnale adults only are employed — 
 application of Acts to ... ... ... 117, 118, 166 
 
 to bakehouses 117 
 
 powers of Secretary of State as to 165 
 
 inspector in, after default by sanitary authority 166 
 2 A 
 
354 Index, 
 
 Workshop, Workshops— co?ifin?ierf: 
 
 WorJcsIiops in which male adults only are employed — (con.) page 
 
 cleanliness and limewashing of 167 
 
 special requirements as to dangerous and injurious trades 
 
 extended to 174,224 
 
 notice of commencing must be given 185 
 
 must keep list of out- workers if required 185 
 
 provision as to notice, &c., of accidents extended to 211, 213 
 special rules extended to 224 
 
 Domestic icorkshops — 
 
 definition of 192 
 
 employment, &c., of children and young persons in 22 — 24 
 
 exceptions in case of 24, 76 
 
 restrictions in, do not apply to women 24 
 
 Worsted, 
 
 manufacture of, constitutes a textile factory 114 
 
 particulars of wages, &c., to be furnished in the 
 manufacture of 231 
 
 Wrapping up Goods, 
 
 in warehouse, period of employment may be extended 67, 
 
 142, 230 
 
 Yarn, 
 
 processes incidental to the printing of, comprised in the 
 term " bleaching and dyeing works " 146 
 
 Yellow Metal, 
 
 male young persons over 16 may be employed on night- 
 shifts in the process of rolling 73, 145 
 
 Young Person, 
 
 definition of... ••• ... 121 
 
 may not clean mill-gearing in motion 11 
 
 work between parts of self-acting machinery in 
 
 motion 11 
 
 be employed in certain factories and workshops 
 
 52, 137 
 take meals in certain parts of factories and 
 workshops 52, 138 
 
Index. 355 
 
 Young Person — continued. PAGE 
 
 may not work in -workshops in certain cases without 
 
 certificate of fitness 54 
 
 clean dangerous parts of machinery while in 
 
 motion 11,202 
 
 employment, &c., of, in textile factories... ... 12, 13 
 
 non-textile factories and work- 
 shops 15—17, 228 
 
 domestic workshops ... 22 — 24 
 
 of, during meal hours forbidden 24 
 
 in print works, dyeing, and bleaching 
 
 works 53 
 
 male young persons above 16 in lace 
 
 factories 57 
 
 male young persons above 16 in bake- 
 houses 58,59 
 
 in factories owned by Jews ... 63, 64 
 
 Jews, by Jews, on Sunday 65 
 
 overtime under section 53 of Act of 1878, 
 
 no longer allowed ... 67, 141, 159, 206 
 period of employment may be extended 
 
 for thirty minutes 69 
 
 overtime in turkey-red dyeing 70 
 
 male, upon nightwork 73, 74, 145, 206, 231, 256 
 over 16 in printing works at night 
 
 75, 207 
 in glass works .. ... 75, 207 
 
 on Saturday in non-textile factories and 
 
 workshops for eight hours 179 
 
 on night work must be incidental to 
 
 business of factory scheduled 207 
 
 in laundries 214 
 
 exceptions to the above 14 
 
 exception as to period of employment in non-textile 
 
 factories and workshops 56 
 
 meal times of, must be simultaneous and exceptions 
 
 thereto 24,66 
 
 restrictions on employment of, on Sundays 26 
 
 on employment of, inside and outside factory 
 
 or workshop 208 
 
 certificate of fitness for emplovment of, in factories ... 38 
 2a2 
 
356 Index, 
 
 Young Person — continued. PAGE 
 
 certificate of fitness for employment of, in workshop ... 40 
 
 in tenement factories 222 
 
 capacity of, on objection of inspector 40 
 
 of birth of 39,41, 181 
 
 Ijrotection of, in wet spinning 52 
 
 power of Secretary of State to permit employment of 
 male young persons of 16, as if no longer young 
 
 person in bakehouses 60 
 
 may be employed in turkey-red dyeing till 4.30 r.M. on 
 
 Saturday 61 
 
 different holidays and half-holidays for different sets of 62 
 continuous employment of, for five hours in certain 
 
 cases 61,146 
 
 register of, in factories and workshops 97, 208 
 
 penalty for employment of, contrary to Act 103 
 
 evidence as to age of 113 
 
 exercise of manual labour by, for purposes of instruction 117 
 saving as to, when executing repairs 124 
 
 London : Shaw & Sons, Fetter Lane and Crane C!ourt,B.C. 
 
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