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There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924101087926 THE LAW KBLATIMS TO FACTOEIES AND WOKKSHOPS. THE LAW BELATING TO FACTORIES AM) WORKSHOPS A3 AMWmSD AND CONSOLIDATED BX THE FACTORY AND WORKSHOP ACT, 1901. WITS AZZ OBVERS, SPECIAL RULES, AND REQUIREMENTS NOW IN FORCE; AND THE PROVISIONS OF TSE TRUCK ACTS, ELEMENTARY EDUCATION ACTS, AND OTBER STATUTES AND REGULATIONS SO FAR AS THEY AFFECT FACTORIES AND WORKSHOPS. WILLIAM BOWSTEAD \\\ OF THE MIDDLE TEMPLE AND SOUTH EASTEBN CIBCTJIT, BABBISTBB-AT-LAW AUTHOR OP "a Dl&BST OP THE LAW OP AGENCY," "THE LAW BELATIN& TO WOBEUEN'S COMPENSATION," ETC., ETC., ETC. LONDON: SWEET & MAXWELL, Limited, 3, CHANCEEY LANE, NOVEMBEB, 1901. BRADBURY, AGNEW, & CO. LD., PBINTERB, LONDON AND TOKBRIDGB. PKEFACE The various statutory provisions for the regulation of factories and workshops have now been consolidated, with certain amendments, by the Factory and Workshop Act, 1901. In the Introduction to this book I have summarised the alterations made by that Act in the existing law, some of which are of considerable import- ance, and in the following pages have set out the provisions of the Act, with explanatory notes to each section, containing numerous cross-references, and refer- ences to the reported cases on the subject, the Orders of the Secretary of State granting special exceptions from the general law, and making special provisions for particular classes of factories and workshops, being set out in the notes to the sections which deal with the subjects to which the Orders respectively relate. The Special Eules now in force for trades and processes which have been certified to be dangerous or injurious to health are printed in the Appendix, together with the provisions of the Acts of 1891 and 1895, under which they were made and are enforced. Such of the provisions of the Truck Acts, Shop Hours Acts, and Elementary Education Acts, and of the Eegulations of the Board of Education, as are material to the subjeict, are also set out in the Appen^'lPP®'^^ ^^ VI PREFACE. For the purpose of facilitating reference to any par- ticular point, or to the law relating to any particular class of factories or workshops, an exhaustive index has been added to the work. W. BOWSTEAD. November, 1901. TABLE OF CONTENTS. PACE PEBPACB V Table of Cases xy Ihtbodcotion xix • FACTORY AND WORKSHOP ACT, 1901 (1 Edw. VH. c. ! Pabt I. — Health and Saebts. (i.) Health. BBOT. 1. Sanitary condition of factory 2. Sanitary condition of workshops and workplaces . 3. Overcrowding of factory or workshop i. Power of Secretary of State to act in default of local authority 5. Powers of inspector as to sanitary defects in factory or work- shop remediable by sanitary authority 6. Temperature in factories an workshops 7. Ventilation in factories and workshops . 8. Drainage of floors 9. Sanitary couvenienoes in factories and workshops 1 6 10 11 12 13 14 15 16 (ii.) Safety. 10. Fencing of machinery in factories 18 11. Steam boilers in factories and workshops .... 20 12. Regulations as to self-acting machines 31 13. Restrictions on cleaning when machinery is in motion. . 22 14. Provision of means of escape in case of fire , . . .24 15. Byelaws for means of escape from fire 27 16. Doors of factory or workshop to open from inside ... 27 17. Power to make order as to dangerous machinery, &c. . 28 18. Power to make order as to unhealthy or dangerous factory or workshop 29 Vlll TABLE OP CONTENTS. (iii.) Accidents. SECT. ^A<*l^ 19. Notice of accidents causing death or bodily injury ... 30 20. Investigation of and report on accidents by certifying surgeon 32 21. Inquest in case of death by accident in factory or workshop . 32 22. Power to direct formal investigation of accidents . 33 Pakt II. — Employment. (i.) Hours a/nd Holidays. 23. Eestriotions on period of employment of women, young persons, and children 35 24. Hours of employment in textile factories — young persons and women 35 25. Hours of employment in textile factories — children . . 37 26. Hours of employment in non-textile factories and worlsshops — ^young persons and women 38 27. Hours of employment in non-textile factories and workshops — children 40 28. Hours of employment in print works and bleaching and dyeing works 41 29. Special provisions as to employment in women's workshops . 42 30. Special provisions as to eight hours' employment of women and young persons 43 31. Bestriction on employment inside and outside factory or workshop on same day 43 32. Notice fixing hours of employment, &c 45 33. Meal times to be simultaneous, and employment during meal times forbidden 46 34. Prohibition of Sunday employment 47 35. Annual holidays and half-holidays 47 (ii.) Special Exceptions as to Hours and Holidays. 36. Employment between 9 a.m. and 9 p.m. in certain cases . 49 37. Employment of male young persons above sixteen in lace factories 51 38. Employment of male young persons above sixteen in bakehouses 52 39. Five hours' spell in certain textile factories .... 53 40. DifEerent meal times for different sets, and employment during meal times 54 41. Special exceptions as to fish and fruit preserving ... 58 42. Special exceptions as to creameries .59 43. Substitution of another day for Saturday . . .59 44. Saturday employment in Turkey red dyeing ... 60 45. Holidays on different days for different sets ... 60 46. Employment inside and outside on the same day ... 61 TABLE OP CONTENTS, IX SECT. FA6E 47. Hours and holidays in factory or workshop of Jewish oooupier 62 48. Sunday employment of Jews in factory or workshop of Jewish occupier . . 62 Overtirjie. 49. Overtime employment of women for press of work ... 63 80. Overtime employment of women on perishable articles . . 67 51. Overtime employment on incomplete process .... 69 52. Overtime employment in factories driven by water. . . 70 53. Overtime employment in Turkey red dyeing and open-air bleaching 71 Night Work. 54. Night employment of male young persons of fourteen . . 72 55. Night employment of male young persons of fourteen in glassworks 74 56. Night employment of male young persons of sixteen in printing newspapers 75 Intermittent Employment. 57. Exemption for certain flax scutch mills ..... 75 Supplemental. 58. Power to impose sanitary requirements as condition of special exceptions 76 59. Power to rescind orders as to special exceptions ... 77 60. Notices, registers, &o., relating to special exceptions . . 77 (iii.) Fitness for Employment. 61. Prohibition of employment of women after childbirth . . 79 62. Prohibition of employment of children under twelve . . 79 63. Certificates of fitness for employment of young persons under sixteen and children in factories 79 64. Begulations as to grant of certificate of fitness ... 80 65. Power to obtain certificates of fitness for employment in workshops 82 66. Power to require certificates of fitness for employment in certain workshops 83 67. Power of inspector to require surgical certificate of capacity for work 84 Pabt III. — Education of Childben. 68. Attendance at school of children employed in factory or workshop 84 69. Obtaining of school attendance certificate by occupier . . 86 X TABLE OF CONTENTS. SBOT. ^*«^ 70. Payment by occupier of stun for schooling .... 87 71. Employment as young person of child of thirteen on obtaining educational certificate 88 72. Definitions of " certified efficient school," and " recognised efficient school " 91 Part IV.— D/lNGBeous akd Unhbaltby Indubtbiks. (i.) Special Provisions. 73. Notification of certain diseases contracted in factory or workshop "3 74. Provision as to ventilation by fan in certain factories and workshops 9* 76. Lavatories and' meals in certain dangerous trades ... 95 76. Eestrictions as to employment in wet-spinning ... 95 77. Prohibition of employment of young persons and children in certain factories and workshops 95 78. Prohibition of taking meals in certain parts of factories and workshops 96 (ii.) Begulations for Dangerous Trades. 79. Power to make regulations for safety of persons employed in dangerous trades 98 80. Procedure for making regulations ...... 101 81. Inquiries 102 82. Application of regulations .... . . 102 83. Provisions which may be made by regulations .... 103 84. Begulations to be laid before Parliament .... 103 85. Breach of regulations 103 86. Publication of regulations 104 Pabt V. — Spbciaei Modifications and Extbnsioks. (i.) Tenement Factories. 87. Duties of owner of tenement factory 105 88. Begulations as to grinding of cutlery in tenement factory . 107 89. Certificate of fitness in tenement factory .... 107 (ii). Cotton Cloth and other Humid Factories. 90. Temperature and humidity 108 91. Power to alter table of humidity 108 92. Employment of thermometers 109 93. Notices and inspections where humidity is artificially pro- duced 110 94. Begulations for the protection of health 112 95. Penalties for non-compliance 113 96. Application of foregoing provisions to other humid factories . 113 TABLE OF CONTENTS. XI (iii.) Bakehouses, BKOI. PAGE 97. Sanitary regulations for bakehouses 116 98. Penalty for bakehouse being unfit on sanitary grounds . , 116 99. Limewashing, painting, and washing of bakehouses . .117 100. Provision as to sleeping places near bakehouses . . . 118 101. Prohibition of underground bakehouses .... 118 102. Enforcement of law as to retail bakehouses by sanitary authorities - . . . 120 (iv.) Laun&ries. 103. Application of Act to laundries 121 (v.) Docks, da. 104. Application of certain provisions to docks, &c. . . . 121 (vi.) Buildings. 105. Application of certain provisions to buildings . . . 127 (vii.) Bailways. 106. Application of certain provisions to railway sidings . . 130 Part VI. — Home Wobk. 107. List of outworkers to be kept in certain trades . . . 132 108. Employment of person in unwholesome premises . . 136 109. Making of wearing apparel where there is scarlet fever or small-pox . . 137 110. Prohibition of home work in places where there is infectious disease 187 111. Application of Act to domestic factories and workshops . 139 112. Dangerous processes in domestic factories and workshops . 141 113. Abstracts for domestic factories and workshops . . . 141 114. Non-application of Act to certain domestic workshops . 142 115. Definitions of " domestic factory " and " domestic workshop " 142 Pabt vii. — Pabtioulabs of Wobk and Waqbb. 116. Particulars of work or wages to be given to piece workers . 143 117. Inspection of weights and measures used in ascertaining wages 152 Pabt VIII. — Administration. (i.) Infection, 118. Appointment and duties of inspectors and clerks and ser- vants 152 119. Powers of inspectors 153 Xli TABLE OF CONTENTS. 8B0T. ^*«» 120. Eight of inspector to conduct proceedings before magistrates 156 121. Certificate of appointment of inspector 156 (ii.) Certifying Swrgeons. 122. Appointment and duties of certifying surgeons . . .156 123. When poor law medical officer is to act as certifying surgeon 157 124. Pees of certifying surgeons 157 (iii.) Local AufhorilAes. 125. Powers of local authorities and their officers .... 158 (iv.) Special Orders. 126. Provisions as to Special Orders of Secretary of State . . 159 (v.) Notices, Begisters, and Betums. 127. Notice of occupation of factory or workshop 128. Affixing of abstract and notices 129. General registers 130. Periodical return of persons employed . 131. Begisters of workshops . 159 . 160 . 161 . 162 163 132. Beport of medical officer of health on administration of Act . 163 Miscellaneous Provisions. 133. Notice by. medical officer of health of employment of woman, young person, or child in workshops 163 134. Certificate of birth in case of young persons under sixteen and children 163 Paet IX. — Legal Pboceedings. 135. Pine for not keeping factory or workshop in conformity with Act 166 136. Pines in case of death or injury 167 137. Pine for employing persons contrary to Act .... 169 138. Pine for ofience by parent 170 139. Porgery of certificates, false entries, and false declarations . 170 140. Pine on person actually committing ofience for which occu- pier is liable 171 141. Power of occupier to exempt himself from fine on conviction of the actual ofiender 171 142. Owner of machine liable in certain cases instead of occupier . 172 143. Limit to cumulative fines 172 144. Prosecution of ofienoes and recovery and application of fines 173 145. Appeal to quarter sessions 173 TABLE OF CONTENTS. XIU SECT. PAGB 146. Limitation of time and general provisions as to summary proceedings I73 147. Evidence in summary proceedings .... I74 148. Service of notices and documents, &o 175 Part X. — Supplementaby. (i.) Application and Definitions. 149. Factories and workshops to which Act applies . . 176 150. Application to Crown factories and workshops . . . 181 151. Power to treat separate branches as separate factories or workshops 181 152. Definition of employment and working for hire . . 183 153. Application of Act to London 184 154. Application of Act to county boroughs . . . 185 155. Saving for existing powers of district councils . . 185 156. General definitions I85 157. Men's workshops '. . . . 186 158. Saving for young persons employed in repairs . 187 (ii.) Application of Act to Scotland amd Irekmd. 159. Application of Act to Scotland 187 160. Application of Act to Ireland 190 (iii.) Repeal, Sc. 161. Repeal of Acts 192 162. Commencement of Act .... . . 193 163. Short title 193 1. Provisions as to arbitrations (Sec. 14) 194 2. Factories and workshops in which overtime allowed (Sec. 49) . 196 3. Regulations as to grinding in tenement factories (Sec. 88) . 198 4. Table of humidity and form of record for cotton cloth factories (Sees. 90—92, 96) 199 5. Fees of certifying surgeons (Sec. 124) 202 6. List of non-textile factories and workshops (Sees. 54, 149, 156) 203 7. Enactments repealed 207 Appendix A. Factory and Workshop Act, 1891, ss. 8, 9, 10, 12, and 1st Sched .209 Special Rules for dangerous and unhealthy trades . 213 Appendix B. Truck Acts, 1881 to 1896 253 Prevention of Cruelty to Children Act, 1894, ss.2 and 3 270 Shop Hours Acts, 1892 to 1895 272 XIV TABLE OF CONTENTS. PAGE Appendix C. Elementaiy Education Act, 1870, SB. 3, 7— 9 . . 276 1876,88.5—7,16,24,26, 39 . . . .278 1880,8.4 . . .281 Education (Scotland) Act, 1901, ss. 2, 3 . . . 282 Hevi8ed Begulatious of Board of Education as to certificates of age, proficiency, and school attend- ance 283 Affbndix D. List of notices and documents required to be afSsed in factory or vrorkshop or serred on an inspector . 291 TABLE OF CASES. FAOB Abbbdben Steam Trawling Go. v. Peters, 1899, 1 Praaer, 786 ; 36 So. L. R. S73. 0. of Sesa 126 Blaib v. Dundalk, &o.. Packet Co., 1899, 33 Ir. L. T. R. 132, C. A. Ir 126 Blenkinsop v. Ogden, [1898] 1 Q. B. 783 ; 67 L. J. Q. B. 537 ; 14 T. L. R. 360 168 Brown v. Herriot, 1899, 33 Ir. L. T. R. 123, C. A. Ir. . 19, 179, 206 Bruce v. Henry, 1900, 2 Eraser, 717 ; 37 So. L. R. 511, C. of Seas. 127 OABBraaTON V. Bannister, ri901] 1 K. B. 20; 70 L. J. K. B. 31; 83 L. T. 457, C. A. .126 DOHD V. Sheppard, 1855, 5 E. & B. 856 ; 25 L. J. Q. B. 124 . . 19 Dredge v. Conway, [1901] 2 K. B. 42 ; 70 L. J. K. B. 494 ; 84 L. T. 345 ; 49 W. B. 518; 17 T. L. R. 355 130 Durrie v. Warren, 1899, 15 T. L. R. 365, C. A 126 Febguson v. Green, [1901] 1 K. B. 25 ; 70 L. J. K. B. 21 ; 83 L. T. 461 ; 49 W. R. 105 ; 17 T. L. R. 41, C. A 129 Prid V. Penton, 1900, 69 L. J. Q. B. 436 ; 82 L. T. 193 ; 16 T. L. R. 267, C. A 130 PuUers V. Squire, [1901] 2 K. B. 209 ; 70 L. J. K. B. 689 ; 49 W. B. 688 180 Goldstein v. Vaughan, [1897] 1 Q. B. 649 ; 66 L. J. Q. B. 380 ; 76 L. T. 202; 45 W. R. 399 63 Groves v. Wimborne, [1898] 2 Q. B. 402 ; 67 L. J. Q. B. 862 ; 79 L. T. 284 ; 47 W. R. 87, C. A 168 Haddock v. Humphrey, [1900] 1 Q. B. 609 ; 69 L. J. Q. B. 327 ; 82 L. T. 72; 48 W. R. 292; 64 J. P. 86; 16 T. L. R. 143, C. A 125 HaU V. Snowden, [1899] 2 Q. B. 136 ; 68 L. J. Q. B. 645 ; 80 L. T. 554; 47W. R. 486; 15T. L. R. 326 31 Halstead v. Thomson, 1901, 38 So. L. R. 473, C. of Sess." . . 128 Healy «. Maogregor, 1900, 2 Praser, 364 ; 37 So. L. R. 454, C. of Sess 126 XVI TABLE OF CASES. PAGE Henderson v. Glasgow Corporation, 1900, 2 Praser, 1127 ; 37 So. Ii. E. 857, C. of Sess 180 Hennessey v. McCabe, [1900] 1 Q. B. 491; 69 L. J. Q. B. 173 ; 81 Ii. T. 575 ; 48 W. E. 231 ; 64 J. P. 4 ; 16 T. L. E. 77, C. A. . 126 Hindle v. Birtwistle, [1897] 1 Q. B. 192 ; 66 L. J. Q. B. 173 ; 76 L. T. 159; 45 W. B. 207; 61 J. P. 70 20 Hoare v. Eitohie, [1901] 1 K. B. 434 ; 70 L. J. K. B. 279 ; 84 L.T. 54; 49 W.E. 351; 65 J. P. 261 94 Hoddinott v. Newton, [1901] A. C. 49 ; 70 L. J. K. B. 150 ; 84 L. T. 1 ; 49 W. E. 380 ; 17 T. L. E. 134, H. L. ; reversing [1899] 1 Q. B. 1018, C. A 128, 129, 130 Jackson v. Eodger, 1900, 2 Praser, 533 ; 37 So. L. E. 390, C. of Laing v. Young, 1900, 3 Praser, 31 ; 38 So. L. E. 29, C. of Sess. . 126 Law V. Graham, 1901, 17 T. L. E. 474, C. A 180 London County Council v. Lewis, 1900, 69 L. J. Q. B. 277; 82 L. T. 195 ; 64 J. P. 39 26, 181 Low V. Abemethy, 1900, 2 Praser, 722 ; 37 So. L. E. 506, C. of Sess 127, 206 MoNiCHOLAS V. Dawson, [1899] 1 Q. B. 773 ; 68 L. J. Q. B. 470 ; 80 L. T. 317 ; 47 W. E. 500 ; 15 T. L. E. 242, C. A. . . 128 Maude v. Brook, [1900] 1 Q. B. 575 ; 69 L. J. Q. B. 322 ; 82 L. T. 39 ; 48 W. E. 290 ; 64 3. P. 181 ; 16 T. L. E. 164, C. A. . 129 Medd V. Maclver, 1899, 15 T. L. E. 364, C. A 126 Merrill v. Wilson, [1901] 1 K. B. 35 ; 70 L. J. K. B. 97 ; 83 L. T. 490 ; 49 W. R. 161 ; 17 T. L. E. 49, C. A 127 Nash v. HoUinshead, [1901] 1 K. B. 700 ; 70 L. J. K. B. 571 ; 84 L. T. 483 ; 49 W. E. 424 ; 17 T. L. E. 352, C. A. . . . 179 OsBGEN V. Wood, [1897] 1 Q. B. 197 ; 66 L. J. Q. B. 178 . . 113 Peahbon v. Belgian MiUs Co., [1896] 1 Q. B. 244 ; 65 L. J. M. C. 48; 74 L.T. 101; 44 W.E. 334; 60 J. P. 151 . . 23 Petrie v. Weir, 1900, 2 Praser, 1041 ; 37 So. L. E. 795, C. of Sess. 180 Prior V. Slathwaite Spinning Co., [1898] 1 Q. B. 881 ; 14 T. L. E. 379 ... 22, 46, 184 Eainb v. Jobson, [1901] A. C. 404 ; 70 L. J. K. B. 771 ; 49 W. E. 705,H.L. . . 126 Eeddy v. Broderick, [1901] 2 Ir. E. 828, C. A. Ir 130 Redgrave v. Lloyd, [1895] 1 Q. B. 876 ; 64 L. J. M. C. 155 ; 72 L. T. 565 ; 43 W. E. 527 ; 59 J. P. 293 19 Eixsom V. Pritchard, [1900] 1 Q. B. 800 ; 69 L. 3. Q. B. 494 ; 82 L. T. 186 ; 16 T. L. E. 250, C. A 128 EogersD. Manchester Packing Co., [1898] 1 Q. B. 344; 67 L. J. Q. B. 310; 78 L.T. 17; 46 W.E. 350; 62 J. P. 166, C. A. '. 203 TABLE OF CASES. XVH Savoy Hotel Co. v. London County Council, [1900] 1 Q. B. 665 ; 69 L. J. Q. B. 274 ; 82 L. T. 56 ; 48 W. E. 351, 0. A. . 45, 274 Sohwerzerhof v. Wilkins, [1898] 1 Q. B. 640 ; 67 L. J. Q. B. 476 . 119 Spencer v. Livett, [1900] 1 Q. B. 498 ; 69 L. J. Q. B. 338 ; 82 L. T. 75; 48W. R. 323; 64 J. P. 196; 16T. L. B. 179,0. A. . 206 Squire v. Stanley, 1901, 84 L. T. 535 96, 180 Stuart V. Nixon, [1901] A. 0. 79 ; 70 L. J. K. B. 170 ; 84 L. T. 65; 49 W. E. 636 ; 17 T. L. R. 156, H. L. ; reversing [1900] 2 Q. B. 95, C. A 126 Tbaoev v. Pretty, [1901] 1 K.B. 444; 70 L. J. K. B. 284 ; 83 L. T. 767 ; 49 W. R. 282 ; 65 J. P. 196 10, 13 Wood v. Walsh, [1899] 1 Q. B. 1009, C. A 129, 130 Woodhamo. Atlantic Transport Co., [1899] 1 Q. B. 15; 68 L. J. Q. B. 17; 79L. T. 395; 47W. R. 105; 15T. L. R. 51 . . 126 Wrigley v. Bagley, [1901] 1 K. B. 780 ; 70 L. J. K. B. 538 ; 84 L. T. 415 ; 49 W. R. 472 ; 65 J. P. 372, 0. A 19, 179 F.A. INTKODUCTION. All the existing Factory and Workshop Acts are repealed, and their provisions consolidated and re- enacted with modifications by the Factory and Workshop Act, 1901, which comes into operation on the 1st January, 1902. Except with respect to Sees. 8, 9, 10, and 12, and the First Schedule, of the Act of 1891, and Sees. 12, 24 (3), and 28 of the Act of 1895, which relate to the making and enforcing of Special Eules for dangerous and unhealthy processes, and which are repealed as from a date to be fixed by the Secretary of State, the repeal takes effect as from the commencement of the Act of 1901. The repeal does not affect the validity or operation of any Orders or Special Eules or requirements in force under any of the repealed enactments. All such Orders, Special Eules, and requirements will continue to have effect as if made in pursuance of the Act of 1901. The provisions of the Acts of 1891 and 1895 which are repealed as from a date to be fixed by Order of the Secre- tary of State are set out in Appendix A., together with the Special Eules now in force with respect to dangerous and unhealthy processes. The Orders made under the repealed enactments, which, as already mentioned, con- tinue in force as if made under the Act of 1901, are referred to in the notes to the sections of that Act which are substituted for the sections of the repealed Acts in pursuance of which the Orders were made. In the application of the provisions of the Act of 1901 XX INTRODUCTION. (hereinafter referred to as the Act), distinctions are made between — Textile factories, Non-textile factories, Tenement factories. Domestic factories. Workshops, Tenement workshops. Men's workshops. Women's workshops, and Domestic workshops. All of these various classes of factories and workshops, except domestic factories, domestic workshops, and men's and women's workshops, are defined by Sec. 149 and the Sixth Schedule. "Domestic factory" and "domestic workshop" are defined by Sec. 116 as a private house, room, or place which, though used as a dwelling, is, by reason of the work carried on there, a factory or a workshop, as the case may be, within the meaning of the Act, and in which neither steam, water, nor other mechanical power 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. Men's workshops are those which are conducted on the system of not employing therein any women, young persons, or children ; and women's workshops those con- ducted on the system of not employing therein young persons or children. Children are defined by Sec. 156 as persons under the age of fourteen years, who have not, being of the age of thirteen years, obtained the cer- tificate of proficiency or attendance at school mentioned in Part III. of the Act, and young persons as persons who have ceased to be children and are under the age of eighteen years. ( Domestic factories and domestic workshops are ex- empted from various provisions of the Act by Sec. Ill, and the regulations in that section as to the hours of INTKODUCTION. XXI employment of women, young persons, and children in Buch factories and workshops are much less stringent than in the case of other factories and workshops. Where, however, any manufacture, process, or descrip- tion of manual labour, which has been certified by the Secretary of State to be dangerous, is carried on in a domestic factory or workshop, all the provisions of the Act apply as if it were a factory or workshop other than a domestic factory or workshop. It is further provided by Sec. 114 that the exercise in a private house or private room by the family dwelling therein, of manual labour in or incidental to straw plaiting, or pillow-lace making, or glove making, shall not of itself constitute the house or room a workshop within the meaning of the Act, with power to the Secre- tary of State to extend the exemption to other handicrafts of a similarly light character ; and that the exercise in a private house or private room by the family dwelling therein, of manual labour in or incidental to the making of any article or part of any article; or the altering, repairing, ornamenting, or finishing of any article; or the adapting for sale of any article, shall not of itself constitute the 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 the family. Men's workshops are, by Sec. 157, entirely exempted from the application of a considerable portion of the Act, and by Sec. 29 special provisions are made as to the hours of employment in women's workshops. Flax scutch mills which are conducted on the system of not employing young persons or children therein, and which are worked intermittently, and for periods not exceeding in the whole six months in any year, are also entirely exempt from the regulations of the Act with respect to the period of employment of women (Sec. 57). In tenement factories the owner, as defined by Sec 4 of the Public Health Act, 1875, instead of the occu- pier, is responsible for the observance, and punishable XXU INTEODUCTION. for the non-observance, of many of the provisions of the Act (see Sees. 11, 14, 82, 87, and 88). Laundries parried on by way of trade or for purposes of gain are, with certain exceptions, brought within the scope of the Act generally by Sec. 103, as if they were factories in cases where steam, water, or other mechanical power is used in aid of the laundry process, and work- shops in cases where such power is not so used; but special provisions are made as to the hours of employ- ment and meal-times for women, young persons, and children, and as to the overtime employment of women ; and nothing in the Act applies to any laundry in which the only persons employed are — (a) inmates of any prison, reformatory, or industrial school, or other institution for the time being subject to inspection under any other Act ; or (b) 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. The provisions of the Act with respect to — (a) The power of a court of summary jurisdiction to prohibit the use of ways, works, machinery, or plant which are in such a condition as to be a danger to life or limb (Sec. 17), (b) Notice and investigation of accidents (Sees. 19 — 22) , (c) Eeguiations for dangerous trades (Sees. 79 — 86), (d) The powers of inspectors (Sec. 119), and (e) Penal compensation in the case of death or injury caused by neglect to observe the provisions of the Act (Sec. 136), apply to — Docks ; Wharves ; Quays ; Warehouses ; Machinery and plant used in the process of loading or unloading or coaling any ship in any dock, harbour, or canal ; INTRODUCTION. XXIU Premises on which machinery worked by steam, water, or other mechanical power is temporarily used for the construction of a building or any structural work in connection with a building ; and Any line or siding used in connection with a factory or workshop, or with any place to which any of the provisions of the Act are applied, and not being part of a railway within the meaning of the Eailway Employment (Prevention of Accidents) Act, 1900. The provisions of the Act with respect to notice of accidents (Sec. 19) and the formal investigation of accidents (Sec. 22) also apply to — (a) Any building which exceeds thirty feet in height, and which is being constructed or repaired by means of a scaffolding ; and (b) Any building which exceeds thirty feet in height, and in which more than twenty persons, not being domestic servants, are employed for wages. The Act applies to factories and workshops belonging to the Crown ; and a factory or workshop belonging to or in the occupation of the Crown is not excluded from the operation of the Act by reason only that it is not carried on by way of trade or for the purpose of gain. But in case of any public emergency the Secretary of State may, by Order, exempt from the provisions of the Act, to the extent and during the period named by him, any factory or workshop belonging to the Crown, or any factory or workshop in respect of work which is being done on behalf of the Crown under a contract specified in the Order (Sec. 150). The Act of 1901, although mainly a consolidating Act, makes several important alterations in the previous law. The following is a summary of the principal amendments and new provisions in the Act : — 1. Adequate means are required to be provided for the drainage of floors in factories or workshops (See. 8). XXIV INTRODUCTION. 2. Eegulations are made with respect to steam boilers used for generating steam in any factory or workshop, or in any place to which any of the provisions of the Act apply (Sec. 11). 3. Local authorities are given power to make bye-laws providing for means of escape from fire in the case of any factory or workshop (Sec. 15). 4. The power of a court of summary jurisdiction to prohibit the use of a dangerous machine (Sec. 4 of the Act of 1895) is extended to cases where any part of the ways, works, machinery, or plant (including a steam boiler used for generating steam) is in a dangerous condition (Sec. 17). 5. New provisions are made with respect to the formal investigation of accidents where such an investigation is directed by the Secretary of State (Sec. 22). 6. In the case of creameries, the Secretary of State is given power to grant special exceptions as to the employ- ment of women and young persons, and to allow their employment for not exceeding three hours on Sundays and holidays (Sec. 42). . 7. The minimum age for the employment of children is raised from eleven to twelve years (Sec. 62). 8. Special regulations are made with respect to meals in factories or workshops where lead, arsenic, or any other poisonous substance is so used as to give rise to dust or fumes (Sec. 75 (2) ). 9. New provisions are made with respect to the making and enforcing of regulations for dangerous and unhealthy trades (Sees. 79—86). 10. Further restrictions are made with respect to the use of underground bakehouses. No such bakehouse is to be used after the 1st January, 1904, unless certified by the local authority to be in every respect suitable for the purpose (Sec. 101). 11. The application of certain provisions to machinery and plant is extended to all machinery and plant used in the process of loading or unloading or coaling any ship INTRODUCTION. XXV in any dock, harbour, or canal; and " plant " is defined as including any gangway or ladder used by any person employed to load or unload or coal a ship (Sec. 104). 12. Certain provisions of the Act are applied to private railway lines and sidings used in connection with any factory or workshop, or with any place to which any of the provisions of the Act are applied (Sec. 106). 13. The provisions of the Acts of 1891 and 1895 with respect to lists of outworkers are amplified and extended to every place from which any work is given out. Copies of the lists are now required to be sent twice yearly to the district council instead of to the factory inspector (Sec. 107). 14. The provisions with respect to the employment of persons in unwholesome premises (Sec. 5 of the Act of 1895) are extended to every district, without reference to the number or distribution of the population, and the district council is substituted for the factory inspector (Sec. 108). 15. The district council may forbid work of certain kinds to be given out to any person liviag or working in a house in which any person is, or has been, suffering from any infectious disease (Sec. 110). 16. Where any dangerous process is carried on in any domestic factory or workshop, all the^ provisions of the Act apply as if it were a factory or workshop other than a domestic factory or workshop (Sec. 112). 17. Further regulations are made with respect to particulars of work and wages in the case of piece- workers, and such regulations may, by Order of the Secretary of State, be extended to outworkers (See. 116). 18. Periodical returns as to persons employed are required to be made to the Chief Inspector of Factories instead of the annual returns to the inspector of the district required by Sec. 34 of the Act of 1895, and such returns may be required by the Secretary of State to be made by the occupier of any place to which any of the provisions of the Act apply (Sec. 130). F.A. . C XXVI INTRODUCTION. 19. District councils are to keep registers of all workshops in their district (Sec. 131). 20. The medical officer of health is required, in his annual report to the district council, to report on the administration of the Act in workshops and workplaces, and to send a copy of such report to the Secretary of State (Sec. 132). 21. Electrical stations as defined in the Sixth Schedule are added to the list of non-textile factories ; and dry cleaning, carpet beating, and bottle-washing works, to the list of non-textile factories and workshops (Sched. VI.). In Appendix B. are set out the Truck Acts, 1831 to 1896 ; the Shop Hours Act, 1892 to 1895 ; and Sec. 3 of the Prevention of Cruelty to Children Act, 1894 ; and in Appendix C. such parts of the Elementary Education Acts and Regulations of the Board of Education as are material to the subject of the employment of children in factories and workshops. The provisions of the Truck Acts and Elementary Education Acts are enforced in factories and workshops by factory inspectors. A complete list of the notices, &c., required to be affixed in factories and workshops, and sent to inspectors under the Act, is given in Appendix D. THE MCTORY AND WORKSHOP ACT, 1901. (1 Edw. VIL c. 22.) An Act to consolidate with Amendments the Factory and Workshop Acts. [17th August, 1901.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — Pabt I. Health and Safety. (i.) Health. 1. — (1.) The following provisions shall apply to every Sanitary factory as defined by this Act (a), except a domestic of^acto*^. factory (b) : — (a) It must be kept in a cleanly state ; (b) It must be kept free from effluvia arising from any drain, watercloset, earthcloset, privy, urinal, or other nuisance (c) ; (c) It must not be so overcrowded while work is carried on therein as to be dangerous or injurious to the health of the persons employed therein (d) ; (d) It must be ventilated in such a manner as to render harmless, so far as is practicable, all the gases, F.A. 1 «. 65, FACTORY AND WORKSHOP ACT, 1901. [SEC. 1. vapours, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein, that may be injurious to health (e). 38 & 39 Vict. (2.) The provisions of section ninety-one of the Public Health Act, 1875, with respect to a factory, workshop, or workplace not kept in a cleanly state, or not ventilated, or overcrowded, shall not apply to any factory to which this section applies (/). (3.) For the purpose of securing the observance of the requirements in this section as to cleanliness in factories, all the inside walls of the rooms of a factory, and all the ceilings or tops of those rooms (whether those walls, ceilings, or tops are plastered or not), and all the passages and staircases of a factory, if they have not been painted with oil or varnished once at least within seven years, shall (subject to any special exceptions made in pursuance of this section) be limewashed once at least within every fourteen months, to date from the time when they were last limewashed ; and if they have been 80 painted or varnished shall be washed with hot water and soap once at least within every fourteen months, to date from the time when they were last washed (g). (4.) Where it appears to the Secretary of State that in any class of factories, or parts thereof, the provisions of this section with respect to limewashing or washing are not required for the purpose of securing therein the observance of the requirements of this Act as to cleanli- ness, or are by reason of special circumstances inapplic- able, he may, if he thinks fit, by Special Order grant to that class of factories, or parts thereof, a special exception that the said provisions shall not apply thereto (h). (5.) A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act (i). (a) This section applies to all textile and non-textile factories as defined by Sec. 149, except domestic factories, and also to every laundry carried on by way of trade, or for purposes of gain, in ■which steam, water, or other mechanical power is used in aid of the SEC. l.J SANITARY CONDITION, laimdry process, except the laundries referred to in Sub-sec. 4 of Sec. 103 (Sec. 103 (1) d). Further sanitary ;regulations for bake- houses are made by Sees. 97 to 102, and further provisions for the protection of health in cotton cloth and other humid factories by Sees. 90 to 96. (b) A domestic factory is a private house, room, or place •which, though used as a dwelling, is by reason of the work carried on there a factory within the meaning of the Act, and in which neither steam, water, nor other mechanical power is used in aid of the manufacturing process carried on, and in which the only persons employed are members of the same family dweUing there. (c) Sees. 8 and 9 make further provisions as to the drainage of floors, and as to the providing of proper accommodation in the way of sanitary conveniences. (d) As to when a factory is deemed to be overcrowded so as to be dangerous or injurious to health, see Sec. 3. (e) Sec. 6 requires a reasonable temperature to be maintained in all the workrooms of any factory or workshop, and empowers the Secretary of State to direct that thermometers be provided. As to ventilation, see also Sec. 1, and as to temperature and ventilation in cotton cloth factories, Sec. 94. In laundries and certain other factories and workshops ventilation by fan or other mechanical means must be provided (Sees. 74, 103 (3)). By Sec. 58 the Secretary of State is given power to make the adoption of special means of ventilation a condition of employment in pursuance of special exceptions. (/) The-efEect of excluding the operation of Sec. 91 of the Public Health Act, 1875, in the case of factories to which this section applies is that, in the matter of cleanliness, ventilation, and over- crowding, the supervision of factories is exclusively in the hands of factory inspectors appointed under this Act. In the case of work- shops and workplaces such supervision is in the hands of the sanitary authority, subject, however, to the intervention of a factory inspector in the event of default on the part of the sanitaxy authority (see Sees. 4 and 5). In Scotland and Ireland factories to which this section applies are also excluded from the corresponding provisions of Sec. 16 of the Public Health (Scotland) Act, 1897, and Sec. 107 of the Public Health (Ireland) Act, 1878, with respect to cleanliness, ventilation, and overcrowding (Sees. 159 (17), 160 (11)). The provisions of Sees. 97 to 101 of this Act with respect to bakehouses are enforceable by the sanitary authority in the case of retail bakehouses which are not factories, and in the case of wholesale bakehouses, or bakehouses which ai'e factories, by the factory inspector (Sec. 102). See, further, on the subject of this note, note (b) to Sec. 2, p. 7, post. {g) In the case of a tenement factory (for definition, see Sec. 149), 1—2 FACTORY AND WORKSHOP ACT, 1901. [sEC. 1. uhe owner, instead of the occupier, is liable for the observance of the provisions of this sub-section with respect to limewashing and washing the interior of the factory, so far as they relate to any engine-house, passage, or staircase, or to any room let to more than one tenant (Sec. 87 (1) i). As to the limewashing, painting, and washing of bakehouses, see Sec. 99. {h) The Secretary of State has issued Orders granting special exceptions to the regulations as to the limewashing and washing of factories. These Orders were made under Sec. 33 of the Factory and Workshop Act, WIS, but by virtue of Sec. 161 (2) of this Act, they remaia in force, notwithstanding the repeal of the Act of 1878, as if they had been made under this section. The Orders are as follows : — An Order dated November 16th, 1895, granting to the whole of the non-textile factories specified in Sohed. A. to the Order, and to such non-textUe factories and parts of non-textile factories as are specified in Sched. B. thereto, a special exception that the regulations as to limewashing and washing shall not apply thereto : Provided nevertheless as to both Sched. A. and Sched. B. that nothing in the Order shall be taken to affect the obligation of keeping a factory in a cleanly state : Provided also, as to Sched. B. : — (1.) That the special exception shall not apply to such factory or part of a factory as does not afford clear 300 cubic feet for each person employed therein. (2.) That if it appear to an inspector that any factory or part of a factory for which 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 vrith such requisition within two months from the date of the notice, the special exception shall cease to apply to such factory or part of a factory. SCHEDTJLE A. The whole of the following non-textile factories : — Blast furnaces. Copper mills. Iron mills. Distilleries. Breweries. Sugar factories. Cement works. Manure works. Stone and marble works. SEC- 1.] SANITARY CONDITION. 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. Non-textile factories in which there are no glazed windows. SOHEDtriE B. Foundries other than foundries in which brass mixing or brass casting is carried on. Parts of non-textile factories as herein-after mentioned : — 1. Such ware-rooms or other rooms in any non-textile factory as are used for the storage of articles (whether on shelves or other- wise) and not for the constant carrying on therein of any manufacturing process or handicraft. 2. Such parts of any non-textile factory as are subject to the influence of steam evolved in the process of manufacture. 3. Such parts of any non-textile factory as are places in which pitch, tar, or like material is used. 4. Such parts of any non-textile factory as are places in which unpainted or iinvamished wood is manufacttired. 5. Such parts of any non-textile factory as are places in which any metal other than brass is moulded, cast or founded. 6. 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. 7. All ceilings or tops of rooms in any non-textUe factory in which any of the following occupations are carried on : — Print works. Bleach works. Dye works. Engineering and machine shops. Agricultural implement making. Coachmaking. FeUmongers, curriers, tanners. Making of aerated water. Making of preserved fruit, sweetmeats, bonbons. Engraving. Manufacture of starch, soap, candles. Com flour nulls. Manufacture of watch movements, shaving, boring, turning, and fitting of brass. 6 FACTOKY AND WOEKSHOP ACT, 1901. [SECS. 1, 2. An Order dated February 8tli, 1896, granting to tlie following non-textile factories : — Shipbiiildiag works, Gun factories. Engineering and macliine shops, a special exception tiat the said regulations as to limewashing and washing shall not apply thereto ; Provided — (1.) That the special exception shall not apply to such part of a factory as does not afford clear 2,d00 cubic feet for each person employed therein ; (2.) That nothing in this Order shall be taken to affect the obligation of keeping a factory in a cleanly state, as prescribed by Sec. 3 of the said Act ; (3.) That if it appear to an inspector that any part of a factory to which this exception applies 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 such part of a factory. («") For penalty, see Sec. 135. In the case of tenement factories the HabiLity for non-observance of the provisions of this section with respect to cleanliness, freedom from. eflB.uvia, overcrowding and ventilation, and so far as they relate to any engine-house, passage, or staircase, or to any room which is let to more than one tenant, the provisions with respect to limewashing and washing the interior of the factory, is imposed on the owner instead of the occupier (Sec. 87 (1) i). Sanitary 2. — (1.) The provisions of section ninety-one of the workshops Public Health Act, 1875 (a), with respect to a factory, a^ work- workshop, or workplace, not kept in a cleanly state, or 38 & 39 Vict, ^ot ventilated, or overcrowded, shall apply to every factory, workshop, and workplace, except any factory to which the last preceding section applies (fc). (2.) Every workshop and every workplace within the meaning of the Public Health Act, 1875 (a), must be kept free from effluvia arising from any drain, watercloset, earthcloset, 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 (c). c. 55. SEC. 2.] SANITAEY CONDITION. (3.) Where on the certificate of a medical officer of health or inspector of nuisances it appears to any district council (d) that the limewashing, cleansing, or purifying, of any such workshop, or of any part thereof, is neces- sary for the health of the persons employed therein, the council shall give notice in writing to the owner or occupier o! the workshop to limewash, cleanse, or purify the same, or part thereof, as the case may require (e). (4.) If the person to whom notice is so given fails to comply therewith within the time therein specified, he shall be liable to a fine not exceeding ten shillings for every day during which he continues to make default, and the council may, if they think fit, cause the work- shop or part to be limewashed, cleansed, or purified, and may recover in a summary manner the expenses incurred by them in so doing from the person in default (e). (5.) This section shall not apply to any workshop or workplace to- which the Public Health (London) Act, 1891, 54 & 55 Vict, applies (/). (a) For Sec. 91 of the Public Health Act, 1873, in Scotland, read Sec. It of the Public Health (Scotland) Act, 1897, and in Ireland, See. 107 of the Public Health (Ireland) Act, 1878 (Sees. 159 (17) and 16» (11) (13) ). (6) E7 Sec. 91 (6) of the Public Health Act, 1875, it is provided that aiy factory, workshop or workplace (not already under the opercUim of any general Act for the regulation of factories or hake- houses : these words were repealed by the Factory and Workshop Act, 18'8) 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 caTied 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 o be niiisances liable to be dealt with summarily in manner provided by the Act. Similar provisions are made by the sections referred ;o in note (a), supra, of the Public Health Acts for Scotland and Irelind; and the Sanitary Acts within the meaning of the Public Eealth (Ireland) Act, 1878, apply for the purposes of this Act to luUdings in which persons are employed, whatever their number aiay be, in like manner as they apply to buildings where more thaa twenty persons are employed (Sec. 160 (12) ). c. 76. FACTORY AND WOEKSHOP ACT, 1901. [s^. 2. This section applies to domestic factories, as defined by Sec. 115, and to all workshops and workplaces, including domestic workshops, as defined by Sec. 149, except workshops or workplaces to T^hich the Public Health (London) Act, 1891, applies ; and also to certain laundries in which mechanical power is not used in aid of the laimdry process (see Sec. 103). The effect of the sectibn is that with regard to cleanliness, ventilation, and overcrowdi|ig, all such places are under the control of the sanitary authority ; tjiie intention being that the supervision and enforcement of sanitary regulations in factories, other than domestic factories, should be in the hands of inspectors under this Act, and in domestic fectories and workshops, in the hands of the local authority. It ia provided by Sec. 125 that for the purpose of their duties with respect to work- shops and workplaces, the district council and their officers shaU have all such powers of entry, inspection, taking legal proceedings, or otherwise, as an inspector under this Act. . In the case of work- shops belonging to or in the occupation of the Crown, the powers conferred on the district council or other local authority are, howpver, to be exercised by an inspector under this Act (Sec. 150 (3) ). | In the event of the district council making default in enforcing any of the provisions of the Act, or of the law relating to public health in so far as it afEects factories, workshops, or workplaces, an inspector under this Act may be authorised by the Secretary of State tatake, during a specified period, such steps as appear necessary or projer for enforcing such provisions, and the inspector may then take tie like proceedings for that purpose as might have been taken W the district council, and will be entitied to recover from the Jistrict council any expenses incurred (Sec. 4). An inspector is also entitled, without any authority from the Secretary of Slate, to serve notice in writing on the district council of any act, leglect, or def aizlt in relation to a factory or workshop which is puiishable or remediable under the law relating to public health, and inaef ault of proceedings being taken by the councU within one monthpf such notice, may himself take the necessary proceedings, and recover from the district council any expenses incurred, provided tljey were not incurred in unsuccessful proceedings (Sec. 5). As to overcrowding and ventilation, see also Sees. 3 and?. The provisions of Sec. 6 with respect to temperature are enf oriable in workshops as weU. as in factories by an inspector imder lois Act. The provisions of Sees. 97 to 102 with respect to bakehoises are enforceable in the case of retail bakehouses, not being factmes, by the district council, and in the case of other bakehouses by an inspector. (c) As to the drainage of floors and the providing o proper accommodation in the way of sanitary conveniences, see Sees 8 and 9. SEC. 2.J SANITARY CONDITION. {d) The expression " district coimoil " includes the council of a county borough (Sec. 154), and in Scotland means the local authority under the Public Health (Scotland) Act, 1897. (e) As to the power of the Secretary of State, or of an inspector after notice to the district council, to act in default of the district council, see Sees. 4 and 5 ; and as to the hmewashing, painting, and washing of bakehouses, see Sec. 99. (/) The Public Health (London) Act, 1891, contains the following provisions : — Sec. 2. — (1.) " For the purposes of this Act — (g) Any factory, workshop, or workplace which is not a factory subject to the provisions of the Factory and Workshop Act, 1878, relating to cleanliness, ventilation, and overcrowding, and (i.) is not kept in a cleanly state and free from effluvia arising from any drain, privy, earthcloset, watercloset, urinal, or other nuisance, or (ii.) is not ventilated in such a manner as to render harm- less as far as practicable any gases, vapours, dust, or other impurities generated in the course of the work carried on thereiu that are a nuisance or injurious or dangerous to health, or (iii.) is so overcrowded while work is carried on as to be injurious or dangerous to the health of those employed therein, shall be nuisances liable to be dealt with summarily under this Act. "(2.) Provided that— (i.) Any accumulation or deposit necessary for the effectual carrying on of any business or manufacture shall not be punishable as a nuisance under this section, if it is proved to the satisfaction of the Court that the accumulation or deposit has not been kept longer than is necessary for the purpose of the business or manufacture, and that the best available means have been taken for preventing injxiry thereby to the public health ; and (ii.) In considering whether any dwelling-house or part of a dwelling-house which is used also as a factory, workshop, or workplace, or whether any factory, workshop, or workplace used also as a dwelling-house, is a nuisance by reason of over- crowding, the Court shall have regard to the circumstances of such other user.'' Sec. 26. — (1.) "Where, on a certificate of a medical officer of health or sanitary inspector, it appears to any sanitary authority that the limewashing, cleansing, or purifying of any Workshop 10 FACTORY AND WORKSHOP ACT, 1901. [SBCS. 2, 3. (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 work- shop to limewash, cleanse, or purify the workshop or part as the case requires, within the time specified in the notice ; and, if the person on whom notice is so seiTed fails to comply therewith, he shaU be liable to a fine not exceeding five pounds, and to a further fine not exceeding ten shillings for every day during which he con- tinues 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 summary manner the expenses incurred by them in so doing from the person on whom the notice was 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." As to the power of a factory inspector to enforce these provisions in default of the sanitary authority, either in pursuance of an Order of the Secretary of State, or after notice to the sanitary authority, see Sees. 4 and 5, and Tracey v. Pretty [1901] 1 K. B. 444. Overcrowding 3. — (1.) A factory shall for the purposes of this Act^ wortsh(^.°'^ ^^^ a workshop shall for the purposes 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 one time 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. (2.) Provided that the Secretary of State may, by Special Order, modify this proportion for any period during which artificial light other than electric light is employed for illuminating purposes, and may, by like order, as regards any particular manufacturing process or handicraft, 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. (3.) Where a workshop or workplace, not being a SECS. 3, 4.] OVEECEOWDING. 11 domestic workshop, is occupied by day as a workshop and by night as a sleeping apartment, the Secretary of State may by Special Order modify the proportion of cubic feet of space prescribed by this section, and substitute therefor any higher figures, and thereupon this section shall have effect as modified by the order. (4.) There shall be affixed in every factory and work- shop a notice specifying the number of persons who may be employed in each room of the factory or workshop by virtue of this section. This section applies to all factories and worksliops as defined by Sec. 149, including domestic factories and domestic workshops ; and also to all laundries carried on by way of trade, or for purposes of gain, except the laundries mentioned in Sub-sec. 4 of Sec. 103 (Sec. 103 (1) d). The provisions of the section are enforceable in the case of laundries in which mechanical power is used in aid of the laundry process, and factories other than domestic factories, by factory inspectors ; and in the case of laundries in which mechanical power is not used, domestic factories, workshops, and workplaces, by the district council or other local authority, but subject to the power of the Secretary of State or a factory inspector to interfere in case of default by the local authority (see note (/) to Sec. 1, and note (5) to Sec. 2, ante, pp. 3, 7, 8). No Special Order is at present in force under this section. Domestic workshop is defined by Sec. 115. 4, — (1.) If the Secretary of State is satisfied that the Power of provisions of this Act, or of the law relating to public state to^ac°^ health in so far as it affects factories, workshops, and iu default workplaces, have not been carried out by any district authority council, he may, by order, authorise an inspector to take, during such period as may be mentioned in the order, such steps as appear necessary or proper for enforcing those provisions. (2.) An inspector authorised in pursuance of this sec- tion shall, for the purpose of his duties thereunder, have the same powers with respect to workshops and work- places as he has with respect to factories, and he may, for that purpose, take the like proceedings for enforcing the provisions of this Act or of the law relating to public 12 FACTOEY AND WORKSHOP ACT, 1901. [SECS. 4, 5, Powers of inspector as to sanitary defects in factory or workshop remediable by sanitary authority. health, or for punishing or remedying any default as might be taken by the district council ; and he shall be entitled to recover from the district council all such expenses in and about any proceedings as he may incur, and as are not recovered from any other person. See notes (6) and (/) to Sec. 2, (mte, pp. 7 — 10, and note to Sec. 9, post, p. 16. As to the powers of inspectors, see Sec. 119. "District coTincil" includes the council of a county borough (Sec. 154), and, as regards the city of London, refers in this section to the Court of Common OotmcU, and as regards any other part o£ the administrative county of London, to the council of the metropolitan borough (Sec. 153 (4) ). In Scotland, the expression "district council" means the local authority under the PubUo Health (Scotland) Act, 1897 (Sec. 159 (2) ). 5. — (1.) Where it appears to an inspector that any act, neglect, or default, in relation to any drain, water- closet, earthcloset, privy, ashpit, water-supply, nuisance, or other matter in a factory or workshop, is punishable or remediable under the law relating to public health, but not under this Act, that inspector shall give notice in writing of the act, neglect, or default, to the district council in whose district the factory or workshop is situate, and it shall be the duty of the district council to make such inquiry into the subject of the notice, and take such action thereon, as seems to that council proper for the purpose of enforcing the law, and to inform the inspector of the proceedings taken in consequence of the notice. (2.) An inspector may, for the purposes of this section, take with him into a factory or a workshop a medical officer of health, inspector of nuisances, or other officer of the district council. (3.) Where notice of an act, neglect, or default, is given by an inspector under this section to a district council, and proceedings are not taken within one month for punishing or remedying the act, neglect, or default, the inspector may take the like proceedings for punishing or remedying the same as the district council might have SECS. 5, 6.] DEFAULT OF LOCAl, ADTHOEITY. 13 taken, and shall be entitled to recover from the district council all such expenses in and about the proceedings as the inspector incurs and as are not recovered from any other person, and have not been incurred in any unsuccessful proceedings. See notes (6) and (/) to See. 2, ante, pp. 7 — 10, and note to See. 9, post, p. 16. As to the meaning of district council in reference to London, and to county boroughs, and Scotland, see note to Sec. 4, ante, p. 12. If, after notice from a factory inspector tinder this section, the local authority does not take proceedings, the factory inspector may give the like notices to the owner or occupier of the factory or workshop, and take the like proceedings against him in every respect as the local authority might have taken. In Tracey v. Pretty [1901] 1 K. B. 444, a factory inspector gave notice to the sanitary authority of a district in which Sec. 22 of the Public Health Acts Amendment Act, 1890, was in force, of a deficiency of sanitary accommodation in a factory within the district (see Sec. 9, post) ; and, the sanitary authority not having taken any proceedings within a reasonable time, the inspector gave notice to the occupiers of the factory requiring them to erect certain specified sanitary conveniences, and this notice not being complied with, summoned them before the justices. The justices dismissed the summons on the ground that the existing sanitary accommodation was suitable and sufficient, and that the sanitary authority had made all due inquiry and found it to be suitable and sufficient. On appeal, it was held that the notice given by the factory inspector to the respondents had for all purposes the same effect as a notice given by the sanitary authority ; and that any question as to the validity of the requirements of the inspector must be raised, if at all, by an appeal to Quarter Sessions under Sec. 7 (1) (a) of the Act. The case was accordingly sent back to the justices for the imposition of a penalty under Sec. 22 (3) of the Act. 6. — (1.) In every factory and workshop adequate Temperature . , . , „ . , .... in factories measures must be taken for securmg and mamtaming a and work- reasonable temperature in each room in which any per- son is employed, but the measures so taken must not interfere with the purity of the air of any room in which any person is employed. (2.) The Secretary of State may, by Special Order, direct with respect to any class of factories or workshops 14 FACTORY AND WORKSHOP ACT, 1901. [SECS. 6, 7. that thermometers he provided, maintained, and kept in working order, in such plabe and position as may be specified in the order. (3.) A factory or workshop in which there is any contra- vention of this section, or of any order under this section, shall be deemed not to be kept in conformity with this Act. This section does not apply to workshops conducted on the system of not employing any woman, yonng person, or child therein (Sec. 157 (1)). It applies to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (1) d). The provisions of the section are enforceable by factory inspectors in workshops and workplaces, as well as in factories. As to the penalty for a contravention of the section, see Sec. 135. Special regulations as tp temperature and the providing of thermometers in cotton cloth and other humid factories are made by Sees. 90 to 96. Ventilation. 7. — (1.) In every room in any factory or workshop sufficient means of ventilation shall be provided, and sufficient ventilation shall be maintained (a). (2.) The Secretary of State may, by Special Order, prescribe a standard of sufficient ventilation for any class of factories or workshops, and that standard shall be observed in all factories and workshops of that class, and an order made under this power may supersede any provision of this Act or order of the Secretary of State with respect to ventilation in cotton cloth factories (&). (3.) A factory in which there is a contravention of the provisions of this section shall be deemed not to be kept in conformity with this Act (c), and a workshop in which there is a contravention of the provisions of this section shall be deemed to be a nuisance liable to be dealt with summarily under the law relating to public health (i). (4.) If the occupier of a factory or workshop (including a cotton cloth factory in which humidity of the atmo- sphere is artificially produced) alleges that the whole or part of the expenses of providing the means of ventilation required by this Act ought to be borne by the SECS. 7, 8.] VENTILATION. — DRAINAGE OF FLOORS. 15 owner, he may by complaint apply to a court of sum- mary jurisdiction, and that court may make such order concerning the expenses or their apportionment as appears to the court to be just and equitable under the circumstances of the case, regard being had to the terms of any contract between the parties (e). (a) This section does not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157 (1) ), nor to domestic factories or domestic workshops as defined by Sec. 115 (Sec. Ill (4) e). In laundries worked by steam, water, or other mechanical power, a fan or other proper means of ventilation must be provided (Sec. 103 (3) ), and in certain factories and workshops an inspector may direct that a fan or other mechanical means of ventilation shall be used (Sec. 74). (J) As to temperature and ventilation in cotton cloth and other himiid factories, see Sees. 90 to 96. (c) For penalty, see Sec. 135. (d) See note (J) to Sec. 2, ante, pp. 7, 8. (e) The owner of a tenement factory, instead of the occupier, is liable for the supply of pipes or other contrivances necessary for working the fan or other means for the prevention of the inhalation of dust, gas, vapour, or other impurity (Sec. 87 (1) iv.); and in the case of any tenement factory or class of tenement factories used whoUy or partly for the weaving of cotton cloth, the owner may, if the Secretary of State so directs, be substituted for the occupier for the purpose of the requirements of this section or of Sec. 94 or of any Order of the Secretary of State with respect to ventilation (Sec. 87 (3) ). 8. — (1.) In every factory or workshop or part thereof Drainage of in which any process is carried on which renders the ^°°'^- floor liable to be wet to such an extent that the wet is capable of being removed by drainage, adequate means shall be provided for draining off the wet. (2.) A factory in which there is a contravention of the provisions of this section shall be deemed not to be kept in conformity with this Act, and a workshop in which there is a contravention of the provisions of this section shall be deemed to be a nuisance liable to be dealt with summarily under the law relating to public health. This section does not apply to domestic factories or domestic workshops as defined by Sec. 115 (Sec. Ill (4) e), nor to workshops 16 FACTOET AND WOEKSHOP ACT, 1901. [SECS. 8, 9. conducted on the system of not employing any woman, young person, or child therein (Sec. 157 (1)). It applies to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (1) d). As to the drainage of the floors of laundries worked by steam, water, or other mechanical power, see also Sec. 103 (3) c. As to the enforcement of the provisions of this section, see notes (h) and (/) to Sec. 2, ante, pp. 7 — 10. The penalty in case of a factory is fixed by Sec. 135. Sanitaiy 9. — (1.) Bveryfactory and Workshop must be provided in'fLtories ^i*^ sufficient and suitable accommodation in the way of and work- sanitary conveniences, regard being had to the number of persons employed in or in attendance at the factory or workshop, and also where persons of both sexes are or are intended to be employed or in attendance, with proper separate accommodation for persons of each sex. (2.) The Secretary of State shall, by Special Order, determine what is sufficient and suitable accommodation within the meaning of this section. (3.) A factory or workshop in which there is a con- travention of this section shall be deemed not to be kept in conformity with this Act. (4.) This section does not apply to the administrative county of London, or to any place where section twenty- 53 & 54 Vict, two of the Public Health Acts Amendment Act, 1890, is in force. 0.59. The Public Health Act, 1875, by Sec. 38, provides that 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 intended to be employed at one time in any mantifacture, trade, or business, the local authority may, i£ 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 waterclosets, earthclosets, or privies and ashpits for the separate use of each sex ; and that any person who neglects or refuses to comply with any such notice shall be liable for each default to a penalty not exceeding £20, and to a further penalty not exceeding forty shillings for every day during which the default is continued. The Public Health Acts Amendment Act, 1890, by Sec. 22, which SEC. 9.] SANITARY CONVENIENCES. 17 only applies in districts where the provisions of the Act have been adopted by the local authority, provides as follows : — " 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. " (2.) Where it appears to an urban authority on 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 comply with any such notice shall be liable for each default to a penalty not exceeding £20, and to a daily penalty not exceeding forty shillings. "(4.) Where this section is in force, section 38 of the Public Health Act, 1875, shall be repealed." The Public Health (London) Act, 1891, by Sec. 38, provides that — • " (1.) Every factory, workshop, and workplace, whether erected before or after the passing of the Act, shall be provided with sufficient and suitable accommodation iu the way of sanitary con- veniences, regard being had to the number of persons employed in or in attendance at such building, and also where persons of both sexes are, or are intended to be, employed, or in attendance, with proper separate accommodation for persons of each sex. " (2.) Where it appears to a sanitary authority that this section is not complied with in the case of any factory, workshop, or work- place, the sanitary authority shall, by notice served on the owner or occupier of such factory, workshop, or workplace, require him to make the alterations and additions necessary to secure such com- pliance, and if the person served with such notice fails to comply therewith he shall be liable to a fine not exceeding £20, and to a fine not exceeding forty shillings for every day after conviction during which the non-compKance continues." The result is that in the administrative county of London, and in places where Sec. 22 of the Public Health Acts Amendment Act, 1890, is in force, the provisions with respect to sanitary conveniences in factories as well as workshops can only be enforced by a factory inspector in case of default on the part of the local authority, and F,A. 2 18 FACTORY AND WOEKSHOP ACT, 1901. [SECS. 9, 10. either in pursuance of an Order of tlie Secretary of State under Sec. 4, or after notice to the local authority under Sec. 5 ; whereas in places which are outside the scope of the Public Health (London) Act, 1891 , or Sec. 22 of the Public Health Acts Ajnendment Act, 1890, such provisions may be enforced either by the local authority under Sec. 38 of the Public Health Act, 1875, or by a factory inspector imder this section. If a factory inspector proceeds under this section he can only do so against the occupier, whereas the local authorityunder the PublicHealthActs can proceed against the owner or the occupier. It wUl, therefore, probably be the usual course for a factory inspector, instead of proceeding under this section, to give notice under Sec. 5 to the local authority. Then, if the local authority makes default in enforcing the provisions of the Public Health Act, the factory inspector can himself take the necessary proceedings for that purpose against either the owner or the occupier, and recover the expenses from the local authority (see Sec. 5 and note, ante, pp. 12, 13). This section does not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157). It applies to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (1) d). As to the penalty for a contravention of the provisions of the section, see Sec. 135. See also Sec. 75 as to providing lavatories in certain dangerous trades, and Sec. 94 (5) as to cloak-rooms in cotton cloth factories. (ii.) Safety. Fencing of 10. — (1.) With respect to the fencing of machinery (a) in a factory (b) the following provisions shall have effect : — (a) Every hoist or teagle, and every fly-wheel directly connected with the steam or water or other mechanical power (c), whether in the engine-house or not, and every part of any water wheel or engine worked by any such power (c), must be securely fenced (d) ; and (b) Every wheel-race not otherwise secured must be securely fenced close to the edge of the wheel- race (d) ; and (o) All dangerous parts (e) of the machinery, and every part of the mill gearing (/), must either be securely fenced, or be in such position or of such construction as to be equally safe to every SEC. 10.] FENCING OF MACHINERY. 19 person employed or working in the factory as it would be if it were securely fenced (d) ; and (d) All fencing must be constantly maintained in an efficient state while the parts required to be fenced are in motion or use, except where they are under repair or under examination in connexion with repair, or are necessarily exposed for the purpose of cleaning or lubricating or for altering the gearing or arrangements of the parts of the machine (^). (2.) A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act (h). {a) The expression " maehinery " includes any driving strap or band (Sec. 156). (b) Tins section applies to laundries carried on by way of trade, or for purposes of gain, in wMoh steam, -water or other mechanical power is used in aid of the laundry process, subject to the excep- tions mentioned in Sec. 103 (4) (Sec. 103 (1) d). For definition of factory, see Sec. 149. (c) The expression "mechanical power" includes such motive powers as gas or electricity or the like, but machinery worked solely by manual labour is not machinery worked by mechanical power within the meaning of the Act {Wrigley v. Bagley [1901] 1 K. B. 780 ; Brown v. Eerriot, 1899, 33 Ir. T. L. E. 123). {d) Sub-sees, (a) and (b) require that the machinery therein mentioned should be fenced, whether dangerous or not, whereas under Sub-sec. (c) it is only necessary that dangerous machinery should be fenced. It would be no answer to proceedings for not fencing machinery as required by Sub-sec. (a) or (b) to say that all danger of injury was sufficiently guarded against by the position and situation of the machinery in the factory (see Dod v. Sheppard, 1855, 5 E. & B. 856). (e) The words " all dangerous parts of the machinery" in Sub- sec, (c) apply to the dangerous parts of all the machinery in the factory, and are not restricted to such of the machinery as supplies or ^conveys the motive power to the other machines {Redgrave v. Lloyd [1895] 1 Q. B. 876). It is not necessary, in order to be dangerous within the meaning of the Act, that the machinery shoxdd be in itself dangerous in the ordinary course of careful working. " It seems to me that machinery or parts of machinery is and are dangerous if in the ordinary course of human affairs danger may be reasonably anticipated from the use of them without protection. 2—2 20 FACTORY AND WORKSHOP ACT, 1901. [SECS. 10, 11. No doubt it would be impossible to say that, because an accident had happened once, therefore the machinery was dangerous. On the other hand, it is equally out of the question to say that machinery cannot be dangerous unless it is so in the course of careful working. In considering whether machinery is dangerous, the contingency of carelessness on the part of the workman in charge of it, and the frequency with which that contingency is likely to arise, are majiters that must be taken into consideration. It is entirely a question of degree" (per Wills, J., in Hmdle v. Birtwistle [1897] 1 Q. B. 192, at p. 193). (/) The expression "mill-gearing" comprehends "every shaft, whether upright, oblique, or horizontal, and every wheel, drum, or puUey, or other appliance by which the motion of the first moving power is communicated to any machine appertaining to a manu- facturing process" (Sec. 156). [g) Further regulations are made by Sec. 12 as to self-acting machines, and by Sec. 13 as to women, young persons or children cleaning machinery while in motion. See also Sec. 17 as to the power of a court of summary jurisdiction to prohibit the use of dangerous machinery. (A) See Sec. 135 for the penalty for neglecting to fence machinery as required by this section, and Sec. 136 for the penalty where any person is killed or injured in consequence of such neglect. In the case of tenement factories (for definition, see Sec. 1 49) the owner, instead of the occupier, is liable for the observance of the provisions of the section, and for the penalties for non-observance thereof, including the penalty under Sec. 136, except so far as relates to such parts of the machinery as are supplied by the occupier (Sec. 87 (1) ii.). Steam boilers. 11. — (1.) Every steam boiler used for generating steam in a factory or workshop, or in any place to which any provisions of this Act apply {a), must, whether separate or one of a range — (a) have attached to it a proper safety valve and a proper steam gauge and water gauge to show the pressure of steam and the height of water in the boiler ; and (b) be examined thoroughly by a competent person at least once in every fourteen months. (2.) Every such boiler, safety valve, steam gauge, and water gauge must be maintained in proper condition. (3.) A report of the result of every such examination SECS. 11, 12.] STEAM BOILERS. 21 in the prescribed (b) form, containing the prescribed (b) particulars, shall within fourteen days be entered into or attached to the general register (c) of the factory or workshop, and the report shall be signed by the person making the examination, and, if that person is an inspector of a boiler-inspecting company or association, by the chief engineer of the company or association. (4.) A factory or workshop in which there is a contra- vention of this section shall be deemed not to be kept in conformity with this Act (d). (5.) This section shall not apply to the boiler of any locomotive which belongs to and is used by any railway company, or to any boiler belonging to or exclusively used in the service of His Majesty. (6.) For the purposes of this section, the whole of a tenement factory or workshop shall be deemed to be one factory or workshop, and the owner shall be substituted for the occupier, and he shall register the report referred to in this section (e) . (a) ' ' Any place to which any of the provisions of this Act apply." Some of the provisions of the Act are applied to certain laundries by Sec. 103 ; to every dock, wharf, quay and warehouse, and all machinery or plant used in the process of loading or unloading or coaling any ship in any dock, harbour or canal by Sec. 104 ; to cei-tain machinery and buildings by Sec. 105, and to certain railway sidings by Sec. 106. Q>) The expression "prescribed" means prescribed for the time being by the Secretary of State. (c) See Sec. 129. {d) See Sec. 135 for the penalty, and Sec. 136 for the penalty in case of death or injury resulting. (e) Eor definitions of tenement factory and tenement workshop. Bee Sec. 149 ; and for definition of owner, see Sec. 156 (1). 12. — (1.) In a factory erected on or after the first day Eeguiatlons of January one thousand eight hundred and ninety-six, the acti^| traversing carriage of any self-acting machine must not machines. 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 runs out is a space over which 22 PACTOEY AND WORKSHOP ACT, 1901. [SECS. 12, 13. Bestrictions on cleaning when machinery is in motion. any person is liable to pass, whether in the course of his employment or otherwise. Provided that nothing in this sub-section shall prevent any portion of the traversing carriage of any self-acting cotton spinning or woollen spinning machine being allowed to run out within a distance of twelve inches from any part of the head stock of another self-acting cotton spinning or woollen spinning machine. (2.) A person employed (a) in a factory must not be allowed to be in the space between the fixed and the traversing parts of a self-acting machine unless the machine is stopped with the traversing part on the outward run, but for the purpose of this provision the space in front of a self-acting machine shall not be included in the space aforesaid. (3.) A woman, young person, or child, must not be allowed to work (b) between the fixed and traversing part of any self-acting machine while the machine is in motion by the action of steam, water, or other mechanical power (c). (4.) 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 this Act (d), and any person allowed to be in the space aforesaid or to work in contravention of this section shall be deemed to be employed contrary to the provisions of this Act (e). (a) As to the meaning of employment in a factory or workshop for the purposes of the Act, see Sec. 162, and note thereto. (5) See Prior v. Slathwaite Spinning Co. [1898] 1 Q. B. 881, referred to in the note to Sec. 152, post. (c) See note (c) to Sec. 10, ante, p. 19. {d) For penalty, see Sees. 135 and 136. (e) For penalty, see Sec. 137. 13. — (1.) A child (a) must not be allowed to clean in any factory (b) — (a) any part of any machinery (c) ; or (b) any place under any machinery (c) other than overhead mill gearing (d), SEC. 13.] CLEANING MACHINERY IN MOTION. 23 while the machinery (e) is in motion by the aid of steam, water, or other mechanical power (/). (2.) A young person (g) must not be allowed to clean any dangerous part {h) of the machinery in a factory (6) while the machinery (e) is in motion by the aid of steam, water, or other mechanical power (/) ; and for this pur- pose such parts of the machinery shall, unless the con- trary is proved, be presumed to be dangerous as are so notified by an inspector to the occupier of the factory. (3.) A woman or young person (g) must not be allowed to clean such part of the machinery in a factory as is mill-gearing (d) while the machiuery is in motion for the purpose of propelling any part of the manufacturing machinery. (4.) A woman, young person, or child, allowed to clean in contravention of this section, shall be deemed to be employed contrary to the provisions of this Act (i). (a) A "child" is a person under 13 years of age, or a person between 13 and 14 years of age wio has not obtained the certLflcate of proficiency or attendance at school mentioned in Paxt III. of the Act (Sec. 156). (6) This section applies to certain laundries (see Sec. 103 (1) d). (c) The expression "machinery" includes any driving strap or band (Sec. 156). (d) The expression " miU-gearing " comprehends every shaft, whether upright, oblique, or horizontal, and every wheel, drum, or pulley, or other appliance by which the motion of the first moving power is communicated to any machine appertaining to a manu- facturing process (Sec. 156). (e) "While the machinery is in motion" means while any part of the machine in question is in motion. A child must not be allowed to clean the fixed portion, which does not move, of any machine which is iu motion by the aid of steam, water, or other mechanical power; and it is quite immaterial, in the case of a child, that the cleaning of the particular portion of the machinery is not in fact dangerous {Pearson v. Belgian Mills Co. [1896] 1 Ql. B. 244). (/) See note (c) to Sec. 10, ante, p. 19. {g) A "young person" is a person who has ceased to be a child (see note (a), supra), and is under the age of 18 years (Sec. 156). 24 FACTOEY AND WOEKSHOP ACT, 1901. [SECS. 13, 14. (h) As to the meaning of "dangerous," see note (e) to Sec. 10, amte, p. 19. (t) For penalty, see Sec. 137 ; and as to the penalty where death or injury results from the neglect to observe the provisions of the Act, see Sec. 136. ProviBiouof 14. — (1.) Every factory of whicli the construction escape in was not commenced on or before the first day of case of fire. January one thousand eight hundred and ninety-two, and in which more than forty persons are employed, and every workshop of which the construction was not commenced before the first day of January, one thou- sand eight hundred and ninety-six, and in which more than forty persons are employed, must be furnished with a certificate from the district council (a). of the district in which the factory or workship is situate that the factory or workshop is provided with such means of escape in case of fire for the persons employed therein as can reasonably be required under the circumstances of each case, and if the factory or workshop is not so furnished it shall be deemed not to be kept in conformity with this Act (b) ; and it shall be the duty of the council to examine every such factory and workshop, and, on being satisfied that the factory or workshop is so provided, to give such a certificate as aforesaid. The certificate must specify in detail the means of escape so provided. (2.) With respect to all factories and workshops 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 district council (a) of every district from time to time to ascertain whether all such factories and workshops within their district are provided with such means of escape as aforesaid, and, in the case of any factory or workshop which is not so provided, to serve on the owner of the factory or work- shop a notice in writing specifying the measures neces- sary for providing such means of escape as aforesaid, and requiring him to carry them out before a specified date, and thereupon the owner shall, notwithstanding SEC. 14.] MEANS OF ESCAPE FEOM FIRE. 25 any agreement with the occupier, have power to take such steps as are necessary for complying with the requirements, and unless the requirements are complied with, the owner shall be liable to a fine not exceeding one pound for .every day that the non-compliance continues (c). (3.) In case of a difference of opinion between the owner of the factory or workshop and the council (a) under the last foregoing sub-section, the difference shall, on the application of either party, to be made within one month after the time when the difference arises, be referred to arbitration, and thereupon the provisions of the First Schedule to this Act shall have effect, and the award on the arbitration shall be binding on the parties thereto, and the notice of the council shall be dis- charged, amended, or confirmed in accordance with the award (c). (4.) If the owner alleges that the occupier of the factory or workshop ought to bear or contribute to the expenses of complying with the requirement, he may apply to the county court having jurisdiction where the factory or workshop 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. (5.) For the purpose of enforcing the foregoing provisions of this section, an inspector . may give the like notice and take the like proceedings as under the foregoing provisions of this Act with respect to matters punishable or remediable under the law relating to public health but not under this Act, and those pro- visions shall apply accordingly (d). (6.) The means of escape in case of fire provided in any factory or workshop shall be maintained in good condition and free from obstruction, and if it is not so maintained the factory or workshop shall be deemed not to be kept in conformity with this Act (6) . (7.) For the purposes of this section the whole of a 26 FACTOEY AND WORKSHOP ACT, 1901. [SEC. 14, tenement factory or workshop shall be deemed to be one factory or workshop, and the owner shall be substituted for the occupier (e). (8.) All expenses incurred by a district council {a) in the execution of this section shall be defrayed — (a) In the case of an urban district council, as part of their expenses of the general execution of the 38 & 39 Vict. Public Health Act, 1875 (/) ; and °- ^^" (b) In the case of a rural district council, as special expenses incurred in the execution of the Public Health Act, 1875 (/) ; and those expenses shall be charged to the contributory place in which the factory or workshop is situate (g). (a) In the application of ttis section to the administrative cotinty of London, the London Coiraty Ootmcil takes the place of the district council, and their expenses in the execution of the section are to be defrayed as part of their expenses in the management of the London Building Act, 1894 (Sec. 153 (1) ). " District council" includes the council of a county borough (Sec. 154), and in Scotland means the local authority under the Public Health (Scotland) Act, 1S91 (Sec. 159 (2) ). (6) For penalty, see Sec. 135. (c) La London County Council v. Lewis, 1900, 69 L. J. Q. B. 217, the owner of a building had let the second, third, and fourth floors respectively before 1892, to separate tenants, each of whom during his tenancy had carried on a business of such a nature as to render the premises in which it was carried on, a factory. The tenants of the basement, and of the ground and first floors, carried on businesses which did not constitute their premises factories. More than forty persons were employed in each of the businesses carried on on the second, third, and fourth floors. It was held that the three upper floors were separate factories, and the building up to the first floor was not a factory or part of a factory, and therefore that neither the local authority (in this case the London County Coimcil) nor an umpire appointed in an arbitration between the owner and the local authority had jurisdiction to require the owner to provide, as a means of escape in case of fire for the persons employed in the upper floors, a staircase which would encroach on the lower floors of the building. This case was decided under Sec. 7 of the Factory and Workshop Act, 1891, which is repealed by this Act, but is re-enacted in sub- stantially the same terms by this section. See, however. Sub- sec. (7) as to tenement factories and tenement workshops. SECS. 14 — 16.] MEANS OP ESCAPE FEOM FIRE. 27 (d) See Sec. 5 and note, ante, pp. 12, 13. (e) For definitions of tenement factory and tenement workshop, see Sec. 149, and for definition of owner, see Sec. 156 (1). (/) For Public Health. Act, 1875, in Scotland, read the Public Health (Scotland) Act, 1897 (Sec. 159 (17)), and in Ireland, the Public Health (Ireland) Act, 1878 (Sec. 160 (13)). Expenses incurred under this section in Scotland are to be defrayed out of the pubUo health general assessment, levied under the Public Health (Scotland) Act, 1897 (Sec. 159 (18)). {g) This section applies to certain laimdries (Sec. 103 (1) d). 15. Every district council shall, in addition to any Byelaws powers which they possess with reference to the pre- of'^^a^T vention of fire, have power to make byelaws providing from fire, for means of escape from fire in the case of any factory or workshop, and sections one hundred and eight-two to one hundred and eight-six of the Public Health Act, 1875, shall apply to any byelaws so made. In the applieation of this section to the administrative county of London, the reference to a district council is to be construed as a reference to the London County Council ; and the power of the London County Council under Sec. 164 of the London Building Act, 1894, to make byelaws with respect to the means of escape from, fire in bioildings exceeding sixty feet in height extends to all factories and workshops whether exceeding that height or not (Sec. 153 (2), (3)). In Scotland " district council " means the local authority under the PubUe Health (Scotland) Act, 1897, and Sees. 183 to 187 of that Act are to be substituted for Sec. 182 to 186 of the PubHc Health Act, 1875 (Sec. 159 (2), (17)). In Ireland, the coiTesponding sections are Sees. 219 to 223 of the Public Health (Ireland) Act, 1878 (Sec. 160 (13)). This section applies to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (1) d). 16. — (1.) While any person employed in a factory Doors of or workshop is within the factory or workshop for the Workshop' purpose of employment or meals, the doors of the *« "peu . factory or workshop, and of any room therein in which any such person is, must not be locked or bolted or fastened in such a manner that they cannot be easily and immediately opened from the inside. 28 FACTORY AND WORKSHOP ACT, 1901. [sECS. 16, 17. Power to make order as to dangerous machine. (2.) In every factory or workshop the construction of which was not commenced before the first day of January one thousand eight hundred and ninety-six, the doors of each room in which more persons than ten are employed, shall, except in the case of sliding doors, be constructed so as to open outwards. (3.) A factory or workshop in which there is a contra- vention of this section shall be deemed not to be kept in conformity with this Act. This section does not apply to -worksliops conducted on the system of not employing any woman, young person, or child therein (Sec. 157 (1) ). It applies to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (1) d). For the penalty for contravention of the provisions of the section, see Sec. 1 35. 17. — (1.) A court of summary jurisdiction may, on complaint by an inspector, and on being satisfied that any part of the ways, works, machinery, or plant used in a factory or workshop (including a steam boiler used for generating steam), is in such a condition that it cannot be used without danger to life or limb, by order, prohibit its use, or, if it is capable of repair or altera- tion, prohibit its use until it is duly repaired or altered. (2.) Where a complaint has been made under this section, the court or a justice may, on application ex pa/rte by the inspector, and on receiving evidence that the use of any such part of the ways, works, machinery, or plant, involves imminent danger to life, make an interim order prohibiting, either absolutely or subject to conditions, the use thereof 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 part of the ways, works, machinery, or plant, shall be liable to a fine not exceeding forty shillings a day during the contravention. The provisions of this section apply to laundries carried on by way of trade, or for piu'poses of gain, subject to the exceptions SECS. 17, 18.] DANGEEOtrS MACHINES AND PREMISES. 29 mentioned in See. 103 (4) (8eo. 103 (1) d) ; to eyery dock, wharf, quay, and warehouse, and all machinery and plant used in the pro- cess of loading or unloading or coaling any ship in any dock, harbour, or canal (Sec. 104); to 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 (Sec. 105 (1) ) ; and to any line or siding not part of a railway which is used in connection with a factory or workshop, or with any place to which any of the provisions of the Act apply (Sec. 106). They do not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157 (1)). As to the meaning of " Court of summary jurisdiction " in^Scot- land and Ireland, see Sees. 159 (5) and 160 (8). 18. — (1.) A court of summary jurisdiction (a) may, on Power to complaint by an inspector, and on being satisfied that ™*^® °'^^^'^ any place used as a factory or workshop or as part of a unhealthy or factory or workshop is in such a condition that any factory"or manufacturing process or handicraft carried on therein workshop. cannot be so carried on without danger to health or to life or limb, by order, prohibit the use of that place 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 district council under the provisions of the law relating to public health, unless the inspector is authorised to take proceedings under the foregoing provisions of this Act with respect to the enforcement of sanitary provisions in workshops, or with respect to matters punishable or remediable under the law relating to public health but not under this Act (6). (3.) If there is any contravention of an order under this section, the occupier of the place shall be liable to a fine not exceeding forty shillings a day during the contravention (c) . (a) As to the meaning of "Court of summary jurisdiction" in Scotland and Ireland, see Sees. 159 (5) and 160 (8). 30 FACTORY AND WOEKSHOP ACT, 1901. [SECS. 18, 19. (6) See SecB. 4 and o, and notes, arafe, pp. 11 — 13. (c) In case of a tenement factory as defined by Sec. 149, the owner is substituted for tbe occupier for the purpose of the provisions of this section. (iii.) Accidents. Notice of 19. — (1.) Where there occurs in a factory or work- fusing death shop {a) any accident which either — or bodily (^) causes loss of life to a person employed (b) in the factory or workshop ; or (b) causes to a person employed (6) in the factory or workshop such bodily injury as to prevent him on any one of the three working days next after the occurrence 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. (2.) If the accident causes loss of life, or is produced either by machinery (c) moved by steam, water, or other mechanical power (d), or through a vat, pan, or other structure, filled with hot liquid or molten metal or other substance, or by explosion or by escape of gas, steam, or metal, then, unless notice thereof is required 38 & 39 Vict, by section sixty -three of the Explosives Act, 1875 (e), to be sent to a Government inspector, notice thereof shall forthwith be sent to the certifying surgeon for 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 (g) or blast furnace (h) or other factory or workshop where the occupier is not the actual employer of the person killed C. 17. SEC. 19.] NOTICE OF ACCIDENTS. 31 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. (a) The provisions of tMs and tte following three sections are applied by Sec. 103 (1) d, to laundries carried on by way of trade, or for piirposes of gain, subject to the exceptions mentioned in Sec. 103 (4) ; by Sec. 104 to docks, wharves, quays, and ware- houses, and all machinery or plant used in the process of loading or unloading or coaling any ship in any dock, harbour, or canal ; by Sec. 105 (1) to premises on which machinery worked by mechanical power is temporarily used for the purpose of the construction of a building or any structural work in connection with a building ; and by Sec. 106 to certain railway lines and sidings. The provisions of this section and of Sec. 22 are applied by Sec. 105 (2) to buildings exceeding thirty feet in height, which are being constructed or repaired by means of a scafiolding, or in which more than twenty persons, not being domestic servants, are employed for wages. This section does not apply to domestic factories or domestic work- shops as defined by Sec. 115 (Sec. Ill (4) d), nor to any quarry, any part of which is more than twenty feet deep (Quarries Act, 1894 (57 & 58 Vict c. 42), s. 3(b)). It has been held that the provisions of this and the following three sections only apply where an accident happens in a factory or work- shop, or in any one of the places above-mentioned, and not where it happens outside {Sail v. Bnowden [1899] 2 Q. B. 136). What is meant by an accident occurring in machinery or plant used in the process of loading or unloading or coaling a ship appears to be a somewhat difflotilt question. (6) As to the meaning of " person employed " in a factory or workshop, see Sec. 152 (1). (c) The expression "machinery" includes any driving strap or band (Sec. 156). (i) See note (c) to Sec. 10, ante, p. 19. (e) Sec. 63 of the Explosives Act, 1875, requires notice to be sent to a Government inspector whenever there occurs any accident by explosion or by flre in or about or in connection with any factory, magazine, or store, or any accident by explosion or by fire causing loss of life or personal injury in or about or in connection with any premises registered under the Act. (/) Where there is no certifying surgeon for the factory or work- shop, the notice must be sent to the poor law medical officer for the district (see Sec. 123). (jr) For definition of " iron mill," see Sched. VI. (11). Qi) For definition of " blast furnace," see Sched. VE. (9). 32 FACTORY AND WORKSHOP ACT, 1901. [SECS. 20, 21. Investigation of and report on accidents by certifying surgeon. Inquest in case of death by accident in factory or workshop. 20. — (1.) Where a certifying surgeon (a) receives in pursuance of this Act notice of an accident in a factory or workshop, he shall, with the least possible delay, proceed to the factory or workshop, and make a full investigation as to the nature and cause of the death or injury caused by that accident, and within the next twenty-four hours send to the inspector a report thereof (&). (2.) The certifying surgeon {a), for the purpose only of an investigation under this section, shall have the same powers 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 (c). (a) See note (/) to Sec. 19. (6) As to the fee for the investigation, see Sec. 124 (3). (c) As to the powers of an inspector, see Sec. 119. This section does not apply to any quarry, any part of which is more than twenty feet deep (ftuarries Act, 1894, ss. 1, 3 (h)). 21. — (1.) Where a death has occurred by accident in a factory or workshop (a), the coroner shall forthwith advise the district inspector of the time and place of holding the inquest, and, unless an inspector or some person on behalf of the Secretary of State is present to watch the proceedings, the coroner shall adjourn the inquest, and shall, at least four days before 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 inquest, 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. (2.) Any relative of any person whose death may have been caused by the accident with respect to which the SECS. 21, 22.] INVESTIGATION OF ACCIDENTS. 33 inquest is being held, and any inspector, and the occu- pier of the factory or workshop in which the accident occurred, and any person appointed by the order in writing of the majority of the workpeople employed in the factory or workshop, shall be at liberty to attend at the inquest, and, either in person or by his counsel, solicitor, or agent, to examine any witness, subject nevertheless to the order of the coroner. (a) See note {a) to Sec. 19, ante, p. 31. This section does not apply to ■workshops conducted on the system of not emplojdng any woman, young person, or child therein (Sec. 157). 22. Where it appears to the Secretary of State that Power to a formal investigation of any accident occurring in a ?J'®*^y*°+™^' factory or workshop (a) and its causes and circumstances of accidents. is expedient, the Secretary of State may direct that such an investigation be held, and with respect to any such investigation the following provisions shall have effect : (1.) The Secretary of State may appoint a competent person to hold the investigation, and may appoint any person or persons possessing legal or special knowledge to act as assessor or assessors in holding the investigation ; (2.) The person or persons so appointed (herein-after called " the court ") shall hold the investigation in open court in such manner and under such condi- tions as the court may think most effectual for ascertaining the causes and circumstances of the accident, and enabling the court to make the report in this section mentioned ; (3.) The court shall have for the purpose of the investigation all the powers of a court of summary jurisdiction when acting as a court in hearing infor- mations for offences against this Act, and all the powers of an iaspector (6) under this Act, and in addition the following powers, namely : — (a) Power to enter and inspect any place or building the entry or inspection whereof F.A. 3 34 FACTOEY AND WORKSHOP ACT, 1901. [sEC. 22. appears to the court requisite for the said purpose ; (b) Power, by summons signed by the court, to require the attendance of all such persons as it thinks fit to call before it and examine for the said purpose, and for that purpose to require answers or returns to such inquiries as it thinks fit to make ; (c) Power to require the production of all books, papers, and documents which it considers important for the said purpose ; (d) Power to administer an oath and require any person examined to make and sign a declara- tion of the truth of the statements made by him in his examination: (4.) Persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before a court of record ; and in case of dispute as to the amount to be allowed, the same shall be referred by the court to a master of one of His Majesty's superior courts, who on request, signed by the court, shall ascertain and certify the proper amount of the expenses : (5.) The court holding an investigation under this section shall make a report to the Secretary of State, stating the causes of the accident and its circum- stances, and adding any observations which the court thinks right to make : (6.) All expenses incurred in and about an investiga- tion under this section (including the remuneration of any person appointed to act as assessor) shall be deemed to be part of the expenses of the Secretary of State in the execution of this Act : (7.) Any person who without reasonable excuse (proof whereof shall lie on him) either fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of a court holding an investigation SECS. 22 — 24.] INVESTIGATION OF ACCIDENTS. 35 under this section, or prevents or impedes the court in the execution of its duty, shall for every such offence be liable to a fine not exceeding ten pounds, and in the case of a failure to comply with a requisi- tion for making any return or producing any document shall be liable to a fine not exceeding ten pounds for every day that such failure continues. The Secretary of State may cause any special report of an inspector or any report of a court under this Part of this Act to be made public at such time and in such manner as he may think fit. (a) See note (a) to Sec. 19, ante, p. 31. (6) As to the powers ol an inspector, see Sec. 119. Paet II. This part of the Act does not apply to workshops conducted on the system of not employing any woman, young person, or child thereia (Sec. 157). Employment. (i.) Hours and Holidays. 23. A woman, young person, or child shall not be Eestrictions employed in a factory or workshop except during the employment period of employment herein-after mentioned. of women, young For the purposes of the Act, " woman " means a woman of persons, and the age of 18 years and upwards; "young person" means a children, person who has ceased to be a child and is imder the age of 18 years ; " child " means a person who is under the age of 14 years, and who has not, being of the age of 13 years, obtained a certificate of proficiency or attendance at school mentioned in Part III. (Sec. 156). For definitionsof "factory" and "workshop," see Sec. 149 ; and as to the meaning of employment in a factory or workshop, see Sees. 152 and 158. As to the houi's of employment and holidays in laundries, see Sec. 103. 24. With respect to the employment of women and Hours of young persons in a textile factory (a), the following f^^xtue^* regulations shall be observed (6) : — factories— (1.) The period of employment, except on Saturday, pe^s^sand shall either begin at six o'clock in the morning and wo™en. 3—2 36 FACTORY AND WORKSHOP ACT, 1901. [SEC. 24. 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 ; (2.) The period of employment on Saturday shall begin either at six o'clock or at seven o'clock in the morning ; (3.) "Where the period of employment on Saturday begins at six o'clock in the morning, that period — (a) If not less than one hour is allowed for meals, shall end at noon as regards employment in any manufacturing process, and at half-past twelve o'clock in the afternoon as regards employment for any purpose whatever ; and (b) If less than one hour is allowed for meals, shall end at half-past eleven o'clock in the forenoon as regards employment in any manu- facturing process, and at noon as regards employment for any purpose whatever ; (4.) Where the period of employment on Saturday begins at seven o'clock in the morning, that period shall end at half-past twelve o'clock in the afternoon as regards any manufacturing pro- cess, and at one o'clock in the afternoon as regards employment for any purpose whatever ; (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 ; (b) on Saturday not less than half an hour ; (6.) A woman or young person shall not be employed continuously (c) for more than four hours and a half, without an interval of at least half an hour for a meal. (tt) For definition of textile factory, see Sec. 149. In priat works and bleaching and dyeing works, -whioL. are non-textile factories, the period of employment and times allowed for meals SECS. 24, 25.] EMPLOYMENT AND MEAL HOURS. 37 are the same as in textile factories, except that women, young persons, and children may be employed continuously for five hours ■without an interval of half an hour for a meal (Sec. 28). (5) Special exceptions from the provisions of this section are allowed in certain cases by Sees. 37, 39, 47 and 52. For the penalty for a contravention of provisions of the section, see Sec. 137. (c) As to the meaning of continuous employment, see Sec. 156 (2). 25. With respect to the employment of children (a) in Hours of a textile factory (6), the following regulations shall be in textile observed(c):- ^-J^-- (1.) Children shall not be employed except on the system either of employment in morning and afternoon sets, or of employment on alternate days only. (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 (d) , and end either — (a) at one o'clock in the afternoon ; or (b) if the dinner time begins before one o'clock, at the beginning of dinner time ; or (c) if the dinner time does not begin before two o'clock, at noon. (3.) The period of employment for a child in an afternoon set shall, except on Saturday, begin either — (a) at one o'clock in the afternoon ; or (b) at any later hour at which the dinner time , terminates ; or (c) if the dinner hour does not begin before two o'clock, and the morning set ends at noon, at noon; and shall end at the same hour as if the child were a young person (d). (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 (e). (5.) A child shall not be employed in two successive periods of seven days in the morning set, nor in two 38 FACTORY AND WORKSHOP ACT, 1901. [SECS. 25, 26, successive periods of seven days in an afternoon set, and a child shall not be employed on two successive Saturdays, nor on Saturday in any week if on any other day in the same week his period of employment has exceeded five hours and a half. (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. (7.) A child shall not on either system be employed continuously for more than four hours and a half without an interval of at least half an hour for a meal (g). (a) Por definition of "child," see Sec. 156. (6) See note (a) to Sec. 24, ante, p. 36. (c) For penalty, see Sec. 137. (d) See Sec. 24 (1). (e) Sec. 24 (2), (3) and (4). (/) Sec. 24. {g) For definition of continuous employment, see Sec. 156 (2). In certain textUe factories a five hours' spell without an interval for a meal is allowed as a special exception (see Sec. 39). Hours of 26. With respect to the employment of women and fn'non-textiie yoQiig persons in a non-textile factory (a), and a work- faotories and gijop (a), the following regulations shall be observed : — young persons (1.) The period of employment, except on Saturday, shall (save as is in this Act specially excepted) (b) 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, or begin at eight o'clock in the morning and end at eight o'clock in the evening. (2.) The period of employment on Saturday shall (save as is in this Act specially excepted) (6) begin at six o'clock in the morning and end at two o'clock in the and women. SEC. 26.] EMPLOYMENT AND MEAL HOUES. 39 afternoon, or begin at seven o'clock in the morning and end at three O'clock in the afternoon, or begin at eight o'clock in the morning and end at four o'clock in the afternoon. (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 (b) on Saturday not less than half an hour. (4.) A woman or young person in a non-textile factory and a young person in a workshop shall not be employed continuously (c) for more than five hours without an interval of at least half an hour for a meal. (a) For definition of " non-textile factory" and "workshop," Bee Sec. 149. The provisions of this and the following section do not apply to domestic factories or domestic workshops as defined by Sec. 115 (Sec. Ill (1)); nor to print works or bleaching and dyeing works (Sec. 28). As to the penalty for contravening the provisions of the section, see Sec. 137. (b) Sec. 29 makes special provisions as to employment in women's workshops, that is to say, workshops conducted on the system of not employing young persons or children, and Sec. 30 as to the hours of employment on a Saturday of any woman or young person who has not been actually employed for more than eight hours on any day in the week. For other special exceptions, see Sec. 36 (employment from 9 a.m. to 9 p.m. in certain cases) ; Sec. 38 (employment of male young persons in bakehouses); Sec. 41 (fish and fruit preserving); Sec. 42 (creameries); Sec. 43 (substitution of another day for Saturday in certain cases); Sec. 44 (Saturday employment in Turkey red dyeing); Sec. 47 (factories and workshops of Jewish occupiers) ; Sec. 49 (overtime employment of women for press of work); Sec. 50 (overtime employment of women on perishable articles); Sec. 61 (overtime employment on incomplete process); Sec. 52 (overtime in factories driven by water power); Sec. 53 (overtime in Turkey red dyeing and open-air bleaching); Sees. 54 and 55 (night employment of male young persons of 14 in certain 40 FACTORY AND WORKSHOP ACT, 1901. [SECS. 26, 27. cases) ; Sec. 56 (night employment of male young persons of 16 in printing newspapers); Sec. 57 (intermittent employment of women in flax scutch, mills which are conducted on the system of not employing young persons or children), (c) For definition of " continuous employment," see Sec. 156 (2). Hours of 27. With respect to the employment of children (a) in i™non-te?tile a non-textile factory (&) and a workshop (b), the following factories and regulations shall be observed (c) :— workshops — " children. (1.) Children shall not be employed except 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. (2.) The period of employment for a child in the morning set on every day, including Saturday, shall begin at six or seven or eight o'clock in the morning and end either — (a) at one o'clock in the afternoon ; or (b) if the dinner time begins before one o'clock at the beginning of dinner time ; or • (o) if the dinner time does not begin before two o'clock, at noon. (3.) The period of employment for a child in an after- noon set on every day, including Saturday, shall begin either — (a) at one o'clock in the afternoon ; or (b) at any hour later than half-past twelve at which the dinner time terminates ; or (c) if the dinner time does not begin before two o'clock and the morning set ends at noon, at noon; and shall end on Saturday at two o'clock in the afternoon, and on any other day at six or seven or eight o'clock in the evening, according as the period of employment for children in the morning set began at six or seven or eight o'clock in the morning. (4.) A child shall not be employed in two successive SECS. 27, 28.] EMPLOYMENT AND MEAL HOURS. 41 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. (5.) When a child is employed on the alternate day system — (a) The period of employment for such a child shall, except on Saturday, 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, or begin at eight o'clock in the morning and end at eight o'clock in the evening ; (b) The period of employment for such child shall on Saturday begin at six or seven o'clock in the morning and end at two o'clock in the after- noon, or begin at eight o'clock in the morning and end at four o'clock in the afternoon ; (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 successive days, and shall not be employed on the same day of the week in two successive weeks. (6.) A child shall not on either system be employed continuously {d) for more than five hours without an interval of at least half an hour for a meal. (a) For definition of cMd, see Sec. 156 (1). (h) See note (a) to Sec. 26, ante, p. 39. (c) Special exceptions from the provisions of this section are allowed in certain cases by Sees. 36, 43 and 51. (d) As to the meaning of contimions employment, see Sec. 156 (2). 28. In print works (a) and bleaching and dyeing Hours of works (6) the period of employment for a woman, young f^priu™^''* person, and child, and the times allowed for meals, shall works and 42 FACTORY AND WOEKSHOP ACT, 1901. [SECS. 28, 29. bleaching and dyeing works. Special pro- visions as to employment in women's workshops. be the same as if the works were a textile factory (c), and the regulations of this Act with respect to the employment of women, young persons, and children in a textile factory shall apply accordingly, as if print works and bleaching and dyeing works were textile factories (c) ; save that nothing in this section shall prevent the continuous employment of a woman, young person, or child in the works for five hours without an interval of half an hour for a meal. (a) 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 yam, or upon any woven or felted fabric not being paper " (Sec. 156 (3), Sched. "VI. (1) ). (b) That is to say, "any premises in which the processes of bleaching, beetling, dyeing, calendering, finishing, hooking, lapping, and making up and packing any yam or cloth of any material, or the dressing or finishing of lace, or any one or more of sucb processes, or any process incidental thereto, are or is carried on " (Sec. 156(3), Sched. VI. (2) ). (c) See Sees.' 24 and 25. For special exceptions in the case of women and young persons employed in Turkey red dyeing and open air bleaching, see Sees. 44 and 53. 29. — (1.) In a workshop which is conducted on the system of not employing therein either children or young persons (a), and the occupier of which has served on an inspector (b) notice of his intention to conduct his workshop on that system — (a) The period of employment 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 (b) 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. SECS. 29 — 31.] women's workshops. 43 (2.) 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 be deemed to be conducted on that system until the occupier changes it, and no change shall be made until the occupier has served on the inspector (b) 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 contrary to the provisions of this Act (c). A change in the system shall not be made oftener than once a quarter, unless for special cause allowed in writing by an inspector. (a) Tliat is to say, conducted on the system of not employing therein any person under the age of 18 years. See also Sec. 57 as to the employment of women in flax scutch mills. (b) The notice must be served on such, inspector as a Secretary of State directs, by declaration published in the Loudon Gazette or otherwise as he thinks expedient (Sec. 118 (8) ). It may be sent by post (Sec. 148). (c) For penalty, see Sec. 137. 30. In a non-textile factory (a) or workshop (a) where Special pro- a woman or young person has not been actually employed ei^hThours" for more than eight hours on any day in a week, and employment notice of such non-employment has been affixed in the and'yomg factory or workshop and served on the inspector (6), the persons. period of employment on Saturday in that week for that woman or young person may be from six o'clock in the morning to four o'clock in the afternoon, with an interval of not less than two hours for meals. (a) For definitions of non-textile factory and workshop, see Sec. 149. (6) See note (6) to Sec. 29, supra. 31. — (1.) A child (a) must not, except during the Eestriction on period of employment, be employed in the business of a ^™fde and°* factory or workshop outside the factory or workshop on outside any day during which the child is employed in the factory workshop^ on or workshop (b). same day. 44 FACTORY AND WORKSHOP ACT, 1901. [sEC. 31. (2.) A -woman or young person (a) must 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 woman or young person is employed (6) in the factory or workshop both before and after the dinner hour. (3.) For the purposes of this section a woman, young person, or child 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 outside the factory or workshop on the day on which the work is so given or taken out. (4.) If a woman or young person is employed by the occupier of a factory or workshop on the same day, both in the factory or workshop, and in a shop (c), then — (a) the whole time during which that woman or young person is employed shall not exceed the number of hours permitted by this Act for her or his employ- ment in the factory or workshop on that day ; and (b) if the woman or young person is employed in the shop, except during the period of employment fixed by the occupier, and specified in a. notice affixed in the factory or workshop in pursuance of this Act {d), the occupier shall make the prescribed entry in the general register (e) with regard to her or his employment. (5.) This Act shall apply as if any woman, young person, or child employed in contravention of this section were employed in a factory or workshop contrary to the provisions of this Act (/). {a) For definitions of "child" and "young person," see Sec. 156 (1). (b) As to the meaning of employment in a factory or workshop, see Sec. 152. (c) The Shop Honis Act, 1892 (55 & 56 Vict. c. 62), provides that no yoimg person shall to the knowledge of his employer be employed in or about a shop, having been previously on the same day employed in any factory or workshop for the number of hours permitted for employment in a factory or workshop, or for a longer SECS. 31, 32.] EESTEICTIONS ON EMPLOYMENT. 45 period than -will together with the time during which he has been so previously employed complete such number of hours (Sec. 3 (2) ) ; and defines "shop" as meaning retail and wholesale shops, markets, stalls and warehouses in which assistants are employed for hire, and including licensed public-houses and refreshment houses of any kind (Sec. 9 ; see Savoy Hotel Co. v. London Govmty Couneil [1900] 1 Q,. B. 665). There is no provision in the Shop Hours Acts as to the employment of women, and therefore a woman of the age of 18 years or more may be employed in a shop although she has already been employed on the same day in a factory or workshop for the full number of hours permitted, provided the occupier of the factory or workshop is not her employer in the shop. The Shop Hours Acts are set out in Appendix B. (d) See Sec. 32. (e) See Sec. 129. (/) For penalty, see Sec. 137. By Sec. 46 the Secretary of State is given power, by Special Order, to grant a special exception from the operation of the provisions of this section. 32. — (1.) The occupier (a) of every factory and vrork- Notice fixing shop (fo) may fix within the limits allowed by this Act (c), empbyment, and shall, subject to any special exceptions made by or &<=■ in pursuance of this Act, specify in a notice which must be affixed in the factory or workshop — (a) The period of employment ; (b) The times allowed for meals ; and (c) Whether the children are employed on the system of morning and afternoon sets or of alternate days (d). (2.) In a factory or workshop where such a notice is required to be affixed (6), the period of employment, the times allowed for meals, and the system of employment for all the children in the factory or workshop, shall be those for the time being specified in the notice. (3.) A change in the said period or times or system shall not be made until the occupier (a) has served on an inspector (e), and affixed in the factory or workshop, notice of his intention to make the change, and shall not be made oftener than once a quarter, unless for special cause allowed in writing by an inspector. (4.) Where an inspector, by notice in writing, names a public clock, or some other clock open to public view. 46 FACTORY AND WORKSHOP ACT, 1901. [SECS. 32, 33. Meal times to be simul- taneous, and employment during meal times forbidden. for the purpose of regulating the period of employment in a factory or workshop, the period of employment and the times allowed for meals in that factory or workshop shall be regulated by that clock. (a) In the case of a tenement factory, as defined by Sec. 149, the owner instead of the occupier must afiBx the notice required by this section, provided that any occupier may affix a notice in his own tenement, and thereupon that notice, with respect to persons employed by that occupier, has effect in substitution for the notice aflBxed by the owner (Sec. 87 (1) ). (b) This section does not apply to doniestio factories or domestic workshops as defined by Sec. 115 (Sec. Ill (4) b), nor to men's workshops (Sec. 157). (c) See Sec. 128. {d) The penalty for not affixing the notice is a fine not exceeding forty shillings (Sec. 128 (2)). (e) The notice must be served on such inspector as the Secretary of State, by declaration published in the London Gazette or otherwise as he may think expedient, directs (Sec. 118 (8) ). It may be served by post (Sec. 148). 33. With respect to meals the following regulations shall (save as is in this Act specially excepted) (a) be observed in a factory and workshop (fe) : — (1.) All women, young persons, and children employed therein (c) shall have the times allowed for meals at the same hour of the day ; and (2.) A woman, young person, or child shall not during any part of the times allowed for meals in the factory or workshop, be employed (c) in the factory or the workshop, or be allowed to remain in a room in which a manufacturing process or handicraft is then being carried on {d). (a) Eor special exceptions to the provisions of this section, see Sec. 40. (&) This section does not apply to domestic factories or domestic workshops as defined by Sec. 115 (Sec. Ill (4) a). (c) " Employment" in a factory or workshop is defined by Sec. 152. In Prior v. Slathwaite Spinning Go. [1898] 1 Q. B. 881, the occupiers of a spinning mill were summoned for employing a young person in the factory during the time allowed for meals, and it SECS. 33 — 35.] EMPLOYMENT AND HOLIDAYS. 47 appeared that the young person in question tad during the prohibited time oiled part of the machinery. It was proved that it was no part of his duty to oil the machinery, and it did not appear that anyone had told him to do so, or that any of the managers knew of it. He said that he did it for his own amusement, and contrary to orders. It was held that he was employed during prohibited hours, and that the occupiers must be convicted. (d) For the penalty for a contravention of the provisions of this section, see Sec. 137. Further regulations as to meals in certain factories and workshops are made by Sees. 75 (2) and 78. 34. A woman, young person, or child shall not (save Prohibition as is in this Act specially excepted) be employed on empil^ent. Sunday in a factory or workshop. Special exceptions are made by Sec. 42, in the case of women and young persons employed in creameries, and by Sec. 48 in the case of women and young persons of the Jewish religion. See also Sees. 54 and 56 as to night employment of male young persons in certain factories and workshops. For the penalty for contravention of the section, see Sec. 137. 35. — (1.) Subject to any special exceptions made by Annual or in pursuance of this Act (a), the occupier of a factory hau^oKdw^ or workshop shall allow in each year to every woman, young person, and child employed in the factory or workshop the following holidays : — In England there shall be allowed as whole holidays — Christmas Day, Good Friday, and every Bank holiday, unless, in lieu of any of those days, another whole holiday or two half holidays, fixed by the occupier, be allowed. In Scotland there shall be allowed — (a) In burghs or police burghs, as whole holidays, the two days set apart by the Church of Scotland for the observance of the Sacramental Fast in the parish, or, if those fast days have been abolished or discontinued, two days, not less than three months apart, to be fixed by the town council; elsewhere, two whole holidays, not less than three months apart, fixed by the occupier ; 48 FACTOEY AND WORKSHOP ACT, 1901. [SEC. 35. (b) Eight half holidays fixed by the occupier, but a whole holiday, fixed by the occupier, may be allowed in lieu of any two half holidays. In Ireland there shall be allowed — (a) Christmas Day ; (b) Any two of the following days, fixed by the occupier, namely, the seventeenth of March (when it does not fall on a Sunday), Good Friday, Easter Monday, and Easter Tuesday; (c) Six half holidays, fixed by the occupier, but a whole holiday, fixed by the occupier, may be allowed in lieu of any two half holidays. (2.) At least half of the said whole holidays or half holidays shall be allowed between the fifteenth day of March and the first day of October in every year. (3.) A notice of every whole holiday or half holiday must be affixed in the factory or workshop during the first week in January, and a copy thereof must on the same day be forwarded to the inspector for the district, and unless the notice has been so affixed and sent cessation from work shall not be deemed to be a whole holiday or a half holiday : Provided that — (a) this sub-section does not apply in the case of a whole holiday in a factory or workshop in England or Wales if the whole holiday is Christmas Day or Good Friday or a Bank holiday ; (b) any such notice may be changed by a sub- sequent notice affixed and sent in like manner not less than fourteen days before the holiday or half holiday to which it applies. (4.) A half holiday shall comprise at least one half of the period of employment for women and young persons on some day other than Saturday, or a day substituted for Saturday. (5.) A woman, young person, or child who — (a) on a whole holiday fixed by or in pursuance of SECS. 35, 36,] HOLIDAYS. 49 this section for a factory or workshop is em- ployed (b) in the factory or workshop ; or (b) on a half holiday fixed in pursuance of this section for a factory or workshop is employed (b) in the factory or workshop during the portion of the period of employment assigned' for that half holiday ; shall be deemed to be employed contrary to the pro- visions of this Act (c). (6.) If in a factory or workshop (a) such whole holidays or half holidays as are required by this section are not fixed in conformity therewith, the occupier of the factory or workshop shall be liable to a fine not exceeding five pounds. (a) The provisions of this section do not apply to domestic factories or domestic workshops as defined by Sec. 115 (See. Ill (4) o). They apply to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (4) c). As to special exceptions, see Sees. 41, 42, 45, and 54 (2). (h) For definition of employment in a factory or workshop, see Sec. 152. (o) For penalty, see Sec. 137. (ii.) Special Exceptions as to Howrs and Holidays. 36. Where it is proved to the satisfaction of a Secre- Employment tary of State that the customs or exigencies of the trade g^a m!Tnd carried on in any class of non-textile factories or work- 9 p-m- in shops, or parts thereof, either generally or when situate in any particular locality, require that the special excep- tion hereafter in this section mentioned should be granted, and that the grant can be made without injury to the health of the women, young persons, an'd children, affected thereby, he may, by Special Order, grant to that class of factories or workshops or parts thereof, a special exception that the period of employment for women and young persons therein, if so fixed by the occupier and specified in the notice (a), may on any day except F.A. 4 50 FACTORY AND WORKSHOP ACT, 1901. [SEC. 36. Saturday begin at nine o'clock in the morning and end at nine o'clock in the evening, and in that 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 for a child in an afternoon set shall end at eight o'clock in the evening (b). (a) See Sec. 60. (b) Tlie following Orders, made by the Secretary of State, under Sec. 43 of the Factory and Workshop Act, 1878, continue to have eflfect, notwithstanding the repeal of that Act, as if they had been made under this section (Sec. 161 (2) ) : — An Order dated the 20th December, 1882, granting to workshops in which the ciuing of fish is carried on, a special exception in the terms of this section. An Order dated the 12th January, 1884, extending the special exception between the 1st day of September and last day of February to factories in the metropolis in which bookbinding is carried on, subject to a proviso that it shall be a condition of the employment of any child, young person, or woman under this extended exception, that there shall be a cubic space of at least 400 feet for every yoTing person and woman so employed. An Order dated the loth April, 1884, extending the special exception to workrooms in connection with drapers' retail establishments within the boroughs of Manchester and Salford, subject to a proviso that it shall be a condition of the employment of any young person or woman under this extended exception that there shall be a cubic space of at least 400 feet for every young person and woman so employed. An Order dated the 27th April, 1887, extending the exception to factories and workshops for the manufacture of straw hats and bonnets, subject to a proviso that it shall be a condition of the employment of any young person or woman imder this extended exception that there shall be a cubic space of at least 400 feet for every young person and woman employed after 8 p.m.; and, further, that neither young persons nor women, nor any of them, be employed under any circumstances after 9 p.m. As to the power of the Secretary of State to impose sanitary requirements as a condition of emplo3rment in pursuance of any special exception, see Sec. 58 ; and as to his power to rescind any grant or extension of a special exception, see Sec. 59. An occupier of a factory or workshop, before availing himseU of any special exception made by or in pursuance of the Act, must affix and serve notices of his intention so to avail himself, in SECS. 36, 37.] LACE FACTORIES. 51 accordance with the provisions of Sec. 60 (1) and (3); and must also enter in the general register (see Sec. 129) and report to the inspector for the district, particulars of the special exceptions as required by Sec. 60 (4). 37. — (1.) In the part of a textile factory in which Employment a machine for the manufacture of lace is moved by steam, peraons above water, or other mechanical power (a), the period of is in lace employment for any male young person above the age of sixteen years may be 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 he is employed on any day before the begin- ning or after the end of the ordinary period of employment, there must be allowed him for meals and absence from work between the above-men- tioned hours of four in the morning and ten in the evening not less than nine hours; and (b) Where he is employed on any day before the begin- ning of the ordinary period of employment, he must not be employed on the same day after the end of that period; and (c) Where he is employed on any day after the end of the ordinary period of employment, he must not be employed next morning before the beginning of the ordinary period of employment. (2.) For the purpose of this exception the ordinary period of employment means the period of employment for women or young persons under the age of sixteen years in the factory, or, if none are employed, means such period as can under this Act be fixed for the employ- ment of women and young persons under the age of sixteen years in the factory (6), and notice of such period shall be affixed in the factory (c). (a) See note (c) to Sec. 10, ante, p. 19. (6) See Sec. 24. (c) See Sees. 32 (1) and 128. Before availing himself of any special exception, the occupier of the factory or workshop must affix and serve notices of his intention to do so in accordance with the 4 — 2 52 KACTOEY AND WORKSHOP ACT, 1901. [SECS. 37, 38. provisions of Sec. 60 (1) and (3) ; and he must also enter particulars of the special exception in the general register (see Sec. 129 (1) d), and report to the inspector as required by Sec. 60 (4). As to the power of the Secretary of State to impose sanitary requirements as a condition of employment in pursuance of any special exception, see Sec. 58. Employment 38. — (1.) In the part of a bakehouse in which the persons process of baking bread is carried on, the period of b^k^h ^^ ™ employment for any male young person above the age of sixteen years maybe 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 he is employed on any day before the beginning or after the end of the ordinary period of employment, there must be allowed him for meals and absence from work between the above-men- tioned hours of five in the morning and nine in the evening not less than seven hours ; and (b) Where he is employed on any day before the beginning of the ordinary period of employment, he must not be employed on the same day after the end of that period ; and (c) Where he is employed on any day after the end of the ordinary period of employment, he must not be employed next morning before the beginning of the ordinary period of employment. (2.) For the purposes of this exception the ordinary period of employment means the period of employment for women or young persons under the age of sixteen years in the bakehouse, or, if none are employed, means such period as can under this Act be fixed for the employ- ment of women and young persons under the age of sixteen years in the bakehouse (a), and notice of that period shall be affixed in the bakehouse (6). (a) See Sec. 26. (6) See Sees. 32 (1) and 128 ; and note (c) to Sec. 37, ante, p. 51. SEC. 39. J FIVE HOUES' SPELL IN TEXTILE FACTOEIES. 53 39. — (1.) In any of the textile factories to which this Five hours' exception applies, a woman, young person, or child may, certai™ textile between the first day of November and the last day of factories. March next following, be employed continuously for five hours without an interval for a meal ; provided that — (a) the period of employment fixed by the occupier and specified in the notice (a) begins at seven o'clock in the morning ; and (b) the whole time between that hour and eight o'clock is allowed for meals (b). (2.) This exception applies to textile factories solely used for — (a) the making of elastic web ; or (b) the making of ribbon ; or (c) the making of trimming. (3.) Where it is proved to the satisfaction of the 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 manufacturing process carried on therein is of a healthy character, and the extension can be made without injury to the health of the women, young persons, and children, affected thereby, he may, by Special Order, extend this exception accordingly (c). The limitation of this exception to the period between the first day of November and the following last day of March shall not, if the Secretary of State by Special Order so directs, apply to hosiery factories. (a) See Sees. 32, 60, and 128. (J) The efleet of this exception is that in the factories to which it applies, the hours of work may be from 8 a.m. to 1 p.m., and from 2 p.m. to 7 p.m. (c) By an Order dated the 20th December, 1882, the exception, limited to the period between the 1st day of November and last day of March, was extended to — Hosiery factories. WooUen factories in the counties of Oxford, Wilts, Worcester. Gloucester, and Somerset. 54 FACTORY AND WORKSHOP ACT, 1901. [SECS. 39, 40. Different meal times for different sets, and employment during meal times. Factories in which the only processes carried on are those of ■winding and throwing raw silk, or either oi such processes. This Order was made under Sec. 48 of the Factory and Workshop Act, 1878, but remains iu force, notwithstanding the repeal of that Act, as if it had been made under this section (Sec. 161 (2)). As to the notices to be affixed and served before an occupier avails himself of any special exception, and as to his duty to enter in the register and report to the inspector of the district the particulars of employment in pursuance of the exception, see Sec. 60. 40. — (1.) The provisions of this Act which require that all the women, young persons, and children employed in a factory or workshop must have the times allowed for meals at the same hour of the day (a) shall not apply to the following factories (&), namely : — (i.) Blast furnaces, or (ii.) Iron mills, or (iii.) Paper mills, or (iv.) Glass works, or (v.) Letter-press printing works. (2.) The provisions of this Act which require that a woman, young person, or child shall not during the times allowed for meals be employed or be allowed to remain in a room in which a manufacturing process or handicraft is being carried on (c) shall not apply to the following factories (b), namely: — (i.) Iron mills, or (ii.) Paper mills, or (iii.) Glass works (except any part in which the materials are mixed, and, in the case of glass works where flint glass is made, any part in which the work of grinding, cutting, or polishing is carried on), or (iv.) Letter-press printing works. (3.) In that part of any print works or bleaching and dyeing works (b), in which the process of dyeing or open- air bleaching is carried on — (i.) A male young person may have the times allowed him for meals at different hours of the day from SEC. 40.] SPECIAL EXCEPTIONS AS TO MEALSi 55 other young persons and women and children employed in the factory; (ii.) A male young person may during the times allowed for meals to any other young person or to any woman or child be employed or be allowed to remain in a room in which a manufacturing process is carried on ; and (iii.) During the times allowed for meals to a male young person any other young person or any woman or child may be employed in a factory or be allowed to remain in a room in which a manufacturing process is carried on. (4.) Where it is proved to the satisfaction of the Secretary of State that in any class of factories or work- shops or parts thereof it is necessary, by reason of the continuous nature of the process or of special circum- stances affecting that class, to extend thereto both or either of the following exceptions, namely : — (a) an exception permitting the women, young persons, and children employed in the factory or workshop to have the times allowed for meals at different hours of the day ; or (b) an exception permitting women, young persons, and children, during the times allowed for meals in the factory or workshop, to be employed in the factory or workshop or to be allowed to remain in a room in which a manufacturing process or handi- craft is being carried on, and that the extension can be made without injury to the health of the women, young persons, and children, affected thereby, he may, by Special Order, extend both or either of those exceptions accordingly (d). (a) Sec. 33 (1). (6) For definitions of the factories mentioned in this section, see Sched. VI., post. See also Sees. 54 and 55 as to night employment in these factories, and Sees. 44 and 53 for other exceptions in the case of Turkey red dyeing and open-air bleaching. (c) Sec. 33 (2). (d) The following Orders, made under Sec. 52 of the Factory and 56 FACTORY AND WORKSHOP ACT, 1901. [SEC. 40. Workshop Act, 1878, continue in force, notwithstanding the repeal of that Act, as if they had been made under this section (see Sec. 161 (2) ). An Order dated the 20th December, 1882, extending to the factories and workshops mentioned in the Schedule thereto, the exception permitting women, young persons, and children to have the times allowed for meals at different hours of the day. SCHEDTTLE. (a) Textile factories wherein female young persons or women employed in a distinct department in which there is no machinery, commence work at a Idter hour than the men and other young persons, subject to the condition that all in the same department shaU have their meals at the same time. (b) 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 con- dition 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, in the county of China clay pits, and Cornwall. Quarries. ' An Order of the same date, extending to the same factories and workshops, subject to the same conditions, the exception permitting children, young persons and women, during the times allowed for meals, to be allowed to remain in a room in which a manufacturing process or handicraft is being carried on. Orders of the 24th February, 1887, extending to non-textile factories wherein is carried on the making of bread and biscuits by means of travelling ovens, exceptions permitting women, young persons, and children (a) to have the times allowed for meals at different hours of the day, and (b) to be allowed to remain, during the times allowed for meals, in a room in which a manufacturing process or handicraft is being carried on. An Order of the 1st May, 1896, extending the exception per- mitting women, young persons, and children to have the times allowed for meals at different hours of the day to factories and workshops in which is carried on the printing of photographs, subject to the condition tliat in every factory and workshop the occupier of which avails himself of this exception, there shall be affixed a notice showing the names of the women, young persons. SEC. 40.] SPECIAL EXCEPTIONS AS TO MEALS. 57 and children employed in the factory or workshop, and the times allowed to each of them for meals. An Order^of July 20th, 1899, extending the exceptions permitting women, young persons, and children (a) to have the times allowed for meals at different hours of the day, and (b) during the times allowed for m.eals, to be employed in the factory or workshop, or to be allowed to remain in a room in which a manufacturing pro- cess or handicraft is being carried on, to factories in which is carried on the spinning of artificial silk, subject to the following conditions : — " (1.) One set of meal hours shall be appointed for the children, young persons, and women whose ordinary employment in the factory is the spinning of artificial silk ; another set for all other children, young persons, and women employed in the factory. (2.) All children, young persons, and women whose ordinary employment in the factoiy is the spinning of artificial silk, shall have the same hours appointed for their meals, and shall not during those hours be employed in the factory, or be allowed to remain in a room in which any manufacturing process or handicraft is then being carried on. (3.) All other children, young persons, and women employed in the factory, shall have the same hours appointed for their meals, and shall not during those hours be employed in the factory, or be allowed to remain in a room in which any manufacturing process or handicraft is then being carried on. (4.) In every room in which any child, young person, or woman is employed in the spinning of artificial sUk, there shall be aflBxed a complete and accurate list of all children, young persons, and women, whose ordinary employment in the factory is the spinning of artificial sUk, together with a statement of the meal hours appointed for them. (5.) In every roona in which any child, young person, or woman is employed in the spinning of artificial silk, there shall be at least 1,000 cubic feet of air space to each person employed." An Order of the 6th September, 1899, extending to textile factories in which the material used is flax, jute, or hemp, the same exceptions, subject to the following conditions : — " (1.) One set of meal hours shall be appointed for the children, young persons, and women whose sole employment in the factory is the sweeping and removal of waste from the floors, herein-after referred to as sweepers; another set for all other children, young persons, and women employed in the factory. (2.) All sweepers shall have the same hours appointed for their meals, and shaU not during those hours be employed in the factory. 58 FACTORY AND WORKSHOP ACT, 1901. [SECS, 40, 41. Special exceptions as to fish and fruit preserving. (3.) All other children, young persons, and women employed in the factory, shall have the same hoiirs appointed for their meals, and shall not during those hours be employed in the factory. (4.) At the entrance of the factory there shall be kept posted a complete and accurate list of all sweepers employed in the factory, together with a statement of the meal hours appointed for them. (5.) In every room in which both sweepers and other persons are employed there shall be at least 1,000 cubic feet of air space to each person employed." As to the notices to be afiEixed and served on the inspector before the occupier of a factory or workshop avails himself of any special exception, and as to his duty to enter in the register and report to the inspector the particulars of employment of persons in pursuance of the exception, see Sees. 60, 129 (1) d. 41. — (1.) The provisions of this Act as to period of employment, times for meals, and holidays (a), shall not apply to young persons and women engaged — (a) in processes in the preserving and curing of fish which must be carried out immediately on the arrival of the fishing boats in order to • prevent the fish from being destroyed or spoiled (6) ; or (b) in the process of cleaning and preparing fruit so far as is necessary to prevent the spoiling of the fruit immediately on its arrival at a factory or workshop during the months of June, July, August, and September (b), but this exception shall be sub- ject to such conditions as the Secretary of State may by Special Order prescribe. (2.) Where an occupier avails himself of this exception, the notice required to be served and affixed (c) by an occupier of a factory or workshop availing himself of any special exception, need not specify the hours for the beginning and end of the period of employment, or the times to be allowed for meals {d). (a) Sees. 26, 33 and 35. (6) Sec. 50 makes a further exception as to overtime employm.ent of women engaged in the process of preserving or curing fish, or the process of making preserves from fruit. SECS. 41 — 43.] SPECIAL EXCEPTIONS. 59 (c) See Sec. 60 (1), (3). (d) Particulars of the special exception must be entered in the general register (see Sec. 129) and reported to the inspector for the district (Sec. 60 (4) ). 42. In the case of creameries in which women and Special young persons are employed, the Secretary of State may, to CTeamerieL by Special Order, vary the beginning and end of the daily period of employment of those women and yomig per- sons, and the times allowed for their meals, and allow their employment for not more than three hours on Sundays and holidays : Provided that the Order shall not permit any excess over either the daily or the weekly maximum number of hours of employment allowed by this Act. See also Sec. 50 as to overtime employment of women on perishable articles. As to the daily and weekly maximum number of hours of employment allowed, see Sec. 26. 43. Where it is proved to the satisfaction of the Secre- Substitution tary of State that the customs or exigencies of the trade dly for''^' carried on in any class of non-textile factories or work- Saturday. shops, either generally or when situate in any particular locality, require some other day in the week to be substi- tuted for Saturday as regards the hour at which the period of employment for women, young persons, and children is required by this Act to end on Saturday, he may, by Special Order, grant to that 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 that case this Act shall apply in the factory or workshop in like manner as if the substituted day were Saturday, and Saturday were an ordinary work day. In the case of newspaper printing offices, he may by such Order authorise the substitution of some other day for Saturday in respect of some of the young persons therein employed. 60 FACTORY AND WORKSHOP ACT, 1901. [SECS. 43 — 45. By an Order dated the 20tli'December, 1882, tie special exception mentioned in this section was granted to the following classes of non-textile factories and workshops, namely : — (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. (b) Non-textile factories and workshops in which any manu- facturing 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. The following non-textile factories and workshops, viz. : — Dressing floors, . Tin streams, in the county of China clay pits, and Cornwall. Quarries, This Order, which was made under Sec. 46 of the Factory and Workshop Act, 1878, remains in force, notwithstanding the repeal of that Act, as if it had been made under this section (Sec. 161 (2) ). As to the notices which are required to be affixed and served on the inspector for the district before the occupier of a factory or workshop may avail himself of any special exception, see Sec. 60. 44. Id the process of Turkey red dyeing the period of employment for women and young persons on Satur- day may extend 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 must in no case be exceeded. See also Sec. 53 as to overtime employment on any day except Saturday for the purpose of preventing damage from spontaneous combustion in the process of Turkey red dyeing, or from any extraordinary atmospheric influence in the process of open-air bleaching. Por the ordinary hours of employment in bleaching and dyeing works, see Sees. 24 and 28. As to the notices to be aflBxed and served by an occupier availing himself of any special exception, see Sec. 60. Holidays on 45. Where it is proved to the satisfaction of the to Sfferen?' Secretary of State that the customs or exigencies of the sets, trade carried on in any class of non-textile factories or Saturday employment in Turkey red dyeing. SECS. 45, 46.] SPECIAL EXCEPTIONS. 61 workshops, either generally or when situate in any particular locality, require that the special exception hereafter in this section mentioned should be granted, he may, by Special Order, grant to that class of factories or workshops a special exception authorising the occupier of any such factory or workshop to allow all or any of the annual whole holidays or half holidays on different days to any of the women, young persons, and children employed in his factory or workshop, or to any sets of those women, young persons, and children, and not on the same days. By an Order dated the 20tli December, 1882, tke special exception mentioned in tMs section was granted to non-textile factories and workshops of. the classes mentioned in the Schedule to such Order, namely : — (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. (b) Non-textile factories and workshops in which any manu- facturing process or handicraft is carried on in connection with a retail shop on the same premises. (c) Non-textUe 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. This Order was made under Sec. 49 of the Factory and Workshop Act, 1878, but remains in force as if it had been made under this Act (see Sec. 161 (2)). As to the notices which must be afl&xed and served on the inspector for the district before the occupier of a factory or work- shop is entitled to avail himself of the exception, see Sec. 60. As to the annual holidays and half holidays, see Sec. 33. 46. Where it is proved to the satisfaction of the Employment Secretary of State that the customs or exigencies of the ou^teide^on trade carried on in any class of factories or workshops, the same day. or parts thereof, either generally or when situate in any particular locality, require that that trade should be excepted from the operation of the provisions of this Act relating to employment inside and outside a factory or workshop on the same day (a), he may, by Special Order, 62 FACTORY AND WORKSHOP ACT, 1901. [sECS. 46 — 48. Houis and holidays in factory or workshop of Jewish occupier. Sunday employment of Jews in factory or workshop of Jewish occupier. grant to that class of factories or workshops, or parts thereof, such special exception as may be necessary (6). (a) See Sec. 31. (J) There is no Order at present in force under this section. 47. Where the occupier of a factory or workshop is a person of the Jewish religion — (1.) If he keeps his factory or workshop closed on Saturday until sunset, he may employ women and young persons on Saturday from after sunset until nine o'clock in the evening ; or (2.) If he keeps his factory or workshop closed on Saturday both before and after sunset, he may employ women and young persons one hour on every other day in the week (not being Sunday), in addition to the hours allowed by this Act, so that such hour be at the beginning or end of the period of employ- ment, and be not before six o'clock in the morning or after nine o'clock in the evening. An occupier intending to avail himself of the exception allowed by this section must afBx and serve the notices required by Sec. 60, and must enter paxtictQars in the general register (Sec. 129 (1) d). 48. Where the occupier of a factory or workshop is a person of the Jewish religion, a woman or young person of the Jewish religion may be employed on Sunday, subject to the following conditions : — (1.) The factory or workshop must be closed on Satur- day and must not be open for traffic on Sunday {a) ; and (2.) The occupier must not avail himself of the excep- tion authorising the employment of women and young persons on Saturday evening, or for an additional hour during any other day in the week (6). Where the occupier avails himself of this exception, this Act shall apply to the factory or workshop in like manner as if in the provisions thereof respecting Sunday the word Saturday were substituted for Sunday, and in SECS. 48, 49.] SPECIAL EXCEPTIONS. 63 the provisions thereof respecting Saturday the word Sunday, or, if the occupier so specify in the notice (c) , the word Friday were substituted for Saturday. (a) In Ooldstein v. Vaughan [1897] 1 Q. B. 549, it was held that the workshop of a button-hole machinist, which was kept open to customers on Sunday for the purpose of enabling them to send or fetch away garments in pursuance of contracts made on week-days, but which was not open on Sunday for the purpose of making any new arrangements with either old or new customers, nor for the receipt of work from casual customers, or the payment or settle- ment of accounts, was not " open for traffic." Otherwise, if members of the public could have come in and out, and given orders and made their arrangements about prices as on other days. (6) See Sec. 47. (c) See Sec. 60, and note to Sec. 47. Overtime. 49. — (1.) In the non-textile factories and workshops Overtime or parts thereof and warehouses to which this exception employment ■■^ ^ of women apphes, the period of employment for women (a) on any for press day except Saturday, or any day substituted for Satur- ° ^°^ ' day, may be between six o'clock in the morning and eight o'clock in the evening, or between seven o'clock in the morning and nine o'clock in the evening, or between eight o'clock in the morning and ten o'clock in the evening, if they are employed in accordance with the following conditions (6), namely : — (a) There must be allowed to every woman for meals during the period of employment not less than two hours, of which half an hour must be after five o'clock in the evening ; and (b) a woman must not be so employed in the whole for more than three days in any one week ; and (c) Overtime employment under this section must not take place in a factory or workshop on more than thirty days in the whole in any twelve months, and 64 FACTORY AND WORKSHOP ACT, 1901. [SBC. 49. in reckoning that period of thirty days, every day on which any woman has been employed overtime is to be taken into account. (2.) This exception applies to the non-textile factories and workshops and parts thereof and warehouses specified in the Second Schedule to this Act, except that it does not apply to a workshop or part thereof which is con- ducted on the system of not employing any young person or child therein (c). (3.) Where it is proved to the satisfaction of the Secre- tary of State that in any class of non-textile factories or workshops or parts thereof it is necessary, 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 recurring seasons of the year, or by reason of the liability of the business to a sudden press of orders arising from unforeseen events, to employ women in manner authorised by this exception, and that such employment will not injure the health of the women affected thereby, he may, by Special Order, extend this exception to those factories or workshops or parts thereof (i). (a) That is to say, women ol the age of 18 years and upwards (Sec. 156(1)). (6) During overtime employment, there must be at least 400 cubic feet of space for every person employed (Sec. 3 (1) ). (c) The exception allowed by this section is not necessary in the case of workshops conducted on the system of not employing either children or young persons therein, because Sec. 29 permits the employment of women on any day except Saturday in such work- shops for a specified period of twelve hours taken between 6 a.m.. and 10 p.m. (d) The exception allowed by this section has been extended by Orders of the Secretary of State to the under-mentioned non-textile factories and workshops or parts thereof, and warehouses, subject to the condition that there shall be a cubic space of at least 400 feet for every woman employed in pursuance of the exception. (This condition now applies in all cases of overtime employment: see Sec. 3 (1).) SEC. 49.3 OVERTIME FOE PRESS OF WORK. 65 By an Order of the 20tli December, 1882, to :— The occupation of — Die-sinking. Cardboard making. Paper colouring and enamelling. Boiling of tea-lead. The occupation of — The making of gas-holderB, boilers, and other apparatus, partly manufactured in the open air. The following non-textile factories and -workshops, viz. : Dressing floors, v Tin streams, in the county of China clay pits, and Cornwall. Quarries, ' 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 yam or cloth, or any of such processes. Workshops wherein the manufacture of fireworks is carried on. By an Order dated the 22nd November, 1883, to — The making of pork pies. By an Order dated the 12th March, 1884, to— The processes of warping, winding, or filling, or either of them, as incidental to the weaving of ribbons in workshops. Provided that nothing in this Order shall be taken to 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 members of the same family dwelling there ; or (b) To a workshop or part thereof which is conducted on the system of not employing any child or young person therein. By an Order dated the 27th August, 1884, to — The processes carried on in non-textile factories of calendering, finishing, hooking, lapping, or making-up and packing of any yam or cloth, or any of such processes, and none other. (By an Order dated the 26th April, 1887, the said Order of the 27th August, 1884, was rescinded so far as regards bleach works and dye works in Lancashire and Cheshire.) By an Order dated the 16th September, 1889, the exception was extended to — Such parts of non-textile factories as are used for the carrying F.A. 5 66 FACTORY AND WORKSHOP ACT, 1901. [sZC. 49. oa of the operations of milling, perforating, or gumming inland revenue stamps and postal stationery. By an Order dated the 13tli October, 1890, to— Non-textile factories wherein the manufacture of fireworks is carried on. By an Order dated the 7th September, 1896, to — Factories and workshops, or parts thereof, in which the bottling of beer is carried on. By an Order dated the 30th June, 1897, to — Factories and workshops, or parts thereof, in which the making of boxes for aerated water bottles is carried on. By an Order dated the 28th June, 1899, to— Factories and workshops, or parts thereof, in which the washing of bottles for use in the preserving of fruit is carried on. These Orders were made under Sec. 53 of the Factory and Workshop Act, 1878, which, prior to 1895, authorised the over- time emplo3Tnent of young persons as well as women, subject to the condition that no woman or young person should be so employed on the whole for more than five days in any one week, nor for more than forty-eight days in any twelve months. Sec. 14 of the Factory and Workshop Act, 1895, provided that young persons should not be employed overtime in pursuance of Sec. 53 of the Act of 1878 ; and that a woman should not be employed overtime in pursuance of that section for more than three days in any one week, or for more than thirty days in any twelve months; and these amendments are confirmed by this section. The Orders made prior to 1895 must therefore be taken as repealed in so far as they authorise the employment of young persons, or the employment of women for more than three days in any one week, or more than thirty days in any twelve months. Subject to this, the above- mentioned Orders, whether made before or after the Act of 1895, remain in force, notwithstanding the repeal of the enactment imder which they were made, as if they had been made in pursuance of this section (see Sec. 161 (2) ). Sec. 151 gives power to the Secretary of State by Special Order to direct, with respect to any class of 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 this Act, be treated as if they were different factories or workshops. By an Order dated the 27th March. 1897, made under Sec. 39 of the Act of 1895, but which remains in force as if made under Sec. 161 of this Act (see Sec. 161 (2) ), it was directed, with respect to factories and workshops in which overtime may be worked by women in pursuance of Sec. 53 of the Act o/1878 [now in pursuance of this section], or of any Order made thereunder, that different SECS. 49, 50.] OVERTIME FOR PRESS OF WORK. 67 branches or departments of work carried on in tie same factory or workshop may, so far as regards the employment of women during overtime, be treated as if they were different factories or workshops, subject to the following conditions : — (1.) Every such branch or department must be carried on — (a) in a separate room or separate rooms, which must not be used for any other branch or department, (b) under separate and distinct management, and (c) by separate and distinct persons, that is to say, no person who is employed in one branch or department may be employed in any other branch or department, (2.) In every such branch or department a separate notice (Special Exception Notice) under Sec. 66 of the Factory and Workshop Act, 1878 (now Sec. 60 of this Act), must be aflBxed, stating clearly the name or description of the branch or department; and a copy of every such notice must be sent to the inspector. (3.) In every such branch or department a separate register (Overtime Register) must be kept, and the entry of the particulars required by See. 66 of the Factory and Workshop Act, 1878 (now Sec. 60 of this Act), must be made therein ; and all such partio^Ilars must be reported to the inspector as required by Sec. 14 (1) of the Factory and Workshop Act, 1891 (now Sec. 60 of this Act). (4.) In every such branch or department a separate notice (Eecord of Overtime) must be kept affixed as required by Sec. 14 (2) of the Factory and Workshop Act, 1891 (now Sec. 60 of this Act). (5.) The occupier of the factory or workshop must obtain from the inspector, and must hold, a certificate that in his opinion, having regard to aUthecircumstances of the case, the separation of branches or departments and the arrangements for carrying out the above conditions are satisfactory, and such certificate shall cease to be of any eflfect on the expiration of one week after the inspector shall have served on the occupier notice in writing that the separation and arrangements aforesaid are no longer satisfactory. See Sec. 60 as to the notices to be affixed in the factory or workshop, and served on the inspector for the district, and as to the report to be sent to him, by an occupier availing himself of any exception allowed by this section. As to overcrowding during employment overtime in pursuance of this section, see note to Sec. 58. 50.^(1.) In the factories and workshops and parts Overtime thereof to which this exception applies, the period of Xw^m^^n employment for a woman (a) may on any day except perishable 5—2 articles. 68 FACTORY AND WOBKSHOP ACT, 1901. [SEC. 50. Saturday, or any day substituted for Saturday, be between six o'clock in the morning and eight o'clock in the even- ing, or between seven o'clock in the morning and nine o'clock in the evening, if she is employed in accordance with the following conditions (&), namely: — (a) There must be allowed her for meals not less than two hours, of which half an hour must be after five o'clock in the evening ; and (b) She must not be so employed in the whole for more than three days in any one week ; and (c) Overtime employment under this section must not take place in a factory or workshop on more than fifty days in the whole in any twelve months ; and in reckoning that period of fifty days, every day oh which any woman has been employed overtime is to be taken into account. (2.) This exception applies to every factory and work- shop or part thereof in which is carried on — (a) the process of making preserves from fruit (c) ; or (b) the process of preserving or curing fish (c) ; or (o) the process of making condensed milk. (3.) Where it is proved to the satisfaction of the Secre- tary of State that in any class of non-textile factories or workshops or parts thereof it is necessary, by reason of the perishable nature of the articles or materials which are the subject of the manufacturing process or handi- craft, 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 Special Order, extend this exception to those factories or workshops or parts thereof {d). (a) See note (a) to Sec. 49, ante, p. 64. (6) See note (6) to Sec. 49, ante, p. 64. (c) Sec. 41 allows other special exceptions in the case of fruit or fish preserving when necessary to prevent the fruit or fish from spoiling. (d) By an Order dated the 18th August, 1893, made under Sec. 56 of the Factory and Workshop Act, 1878, which remains in SECS. 50, 51.] OVERTIME FOR PERISHABLE ARTICLES. 69 force so far as it authorises the employment of women in the manner authorised by Sub-sec. (1) of this section (see Sec. 161 (2) ), the special exception was extended to non-textile factories in which are carried on the occupations of preparing cream and making butter and cheese, subject to the condition that there shall be a cubic space of at least 400 feet for every woman employed in pur- suance of the special exception. This condition is now applied by Sec. 3 (1) to all cases of overtime employment. See also Sec. 42 as to the power of the Secretary of State to allow other exceptions in the case of creameries. As to the notices which are required to be afiBxed and sent to the inspector of the district in the case of overtime employment, see Sec. 60. 51. — (1.) If in any factory or workshop or part thereof Overtime to which this exception apphes, the process in which a on mMmplete woman, young person, or child is employed, is in an proceas. incomplete state at the end of the period of employment of the woman, young person, or child, the woman, young person, or child may, on any day except Saturday, or any day substituted for Saturday (a), be employed for a further period not exceeding thirty minutes : Provided that those further periods, when added to the total number of hours of the periods of employment of ~^ the woman, young person, or child in that week, do not raise that total above the number otherwise allowed under this Act (Z»). (2.) This exception applies to the factories and work- shops following (c), namely: — (a) Bleaching and dyeing works ; (b) Print works ; (c) Iron 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. (3.) Where it is proved to the satisfaction of the Secretary of State that in any class of non-textile factories or workshops or parts thereof the time for 70 FACTORY AND WORKSHOP ACT, 1901. [SECS. 51, 62. Overtime employment in factoiies driven by- water. the completion of a process cannot by reason of the nature thereof be accurately fixed, and that the exten- sion to that class of factories or workshops or parts thereof of this exception can be made without injury to the health of the women, young persons, and children, affected thereby, he may by Special Order extend this exception accordingly (d) . (a) See Sec. 43. (J) As to the number of hours allowed in bleaching and dyeing works, and print works, see Sees. 24 and 25, and in iron mills, foundries, and paper mills, Sees. 26 and 27. (c) For definitions of these factories, see Sched. VI. (1), (2), (11), (12), and (14). Other exceptions ia the case of Turkey red dyeing and open-air bleaching are allowed by Sees. 44 and 53. As to night employment, see Sec. 54. (i) By an Order dated the 20th December, 1882, the special exception allowed by this section was 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, in the county of China clay pits, and ComwaU. Quarries. ' This Order remains in force, notwithstanding the repeal of the enactment under which it was made (Sec. 54 of the Act of 1878), as if it had been made in pursuance of this section (Sec. 161 (2) ). As to the notices which must be a£Sxed and sent to the inspector of the district in the case of employment overtime in pursuance of an exception, see Sec. 60. 52. Where it appears to the Secretary of State that factories driven by water power are liable to be stopped by drought or flood, he may, by Special Order, grant to those factories a special exception permitting the employ- ment of women and young persons during a period of employment from six o'clock in the morning untU seven o'clock in the evening, on such conditions as he thinks proper, but so as that no person shall be deprived of the meal hours by this Act provided, nor be so employed on Saturday, or any day substituted for Saturday, and that SECS. 52, 53.] OVEETIME 71 as regards factories liable to be stopped by drought, the 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, the special exception shall not extend to more than forty-eight days in any period of twelve months. This overtime shall not extend in any case beyond the time already lost during the previous twelve months. By an Order dated the 20th December, 1882, the Secretary of State granted to every factory in ■which water power alone is used to move the machinery, a special exception permitting the employ- ment therein of women and young persons during a period of employment from 6 a.m. to 7 p.m. for the purpose of recovery of time lost from the stoppage of such factory by drought or flood, subject to the following conditions : — (1.) No person employed under this special exception shall be thereby deprived of the meal hours by the Act provided, or be so employed on Saturday. (2.) Notice of the time lost and the cause thereof shall be reported to the inspector within three days of such loss. (3.) Notice of the recovery of the time lost shall be reported to the inspector day by day as the same has been recovered. (4.) This special exception shall not be available — (a) for the recovery of any time lost more than twelve months previously : (b) for the recovery of time lost from the stoppage of the factory by drought for more than ninety-six days in any period of twelve months; (c) for the recovery of tim.e lost from the stoppage of the factory by floods for more than forty-eight days in any period of twelve months. (5.) This special exception will not authorise the employment of children. , This Order remains in force, notwithstanding the repeal of the enactment under which it w£.s made, as if it had been made under this section (Sec. 161 (2)). As to the notices which are required to be affixed in the factory, and sent to the inspector of the district, in case of overtime employ- ment in pursuance of the exception, see Sec. 60. 53. A woman or young person may on any day except Overtime Saturday, or any day substituted for Saturday, be f™T^key"ed employed beyond the period of employment, so far as dyeing and open-air bleaching. 72 ■ FACTOKY AND WORKSHOP ACT, 1901. [SECS, 53, 54. is necessary for the purpose only of preventing any damage which may arise from spontaneous combus- tion in the process of Turkey red dyeing, or from any extraordinary atmospheric influence in the process of open-air bleaching. See also Sec. 44 as to Saturday employment in the process of Turkey red dyeing, and See. 51 as to overtime employment on incomplete processes. A notice of any overtime employment must be afiBxed, and a report sent to the inspector in accordance with, the provisions of Sec. 60 (4). Night Work. Night 54. — (1.) In the factories and workshops to which ormaieyoung ^^^^ exception applies, a male young person of fourteen persons of 14. years of age and upwards (a) may be employed during the night, if he is employed in accordance with the following conditions, namely : — (a) The period of employment must not exceed twelve consecutive hours, and must begin and end at the hours specified in the notice in this Act mentioned (&) ; and (b) The provisions of this Part of this Act with respect to the allowance of times for meals shall be observed with the necessary modifications as to the hour at which the meal times are fixed (c) ; and (c) A young person employed (,d) during any part of the night must not be employed (d) during any part of the twelve hours preceding or succeeding the period of employment; and (d) He must not be employed (d) on more than six nights, or in the case of blast furnaces or paper mills seven nights, in any two weeks; provided that this condition shall not prevent the employ- ment of male young persons in three shifts of not more than eight hours each, if there is an interval of two unemployed shifts between each two shifts of employment ; and 8EC. 54.] NIGHT EMPLOYMENT. 73 (e) In the case of blast furnaces, iron mills, letter- press printing works, or paper mills, he must not be employed (d) during the night in any process other than a process incidental to the business of the factory as described in Part I. of the Sixth Schedule to this Act (e). (2.) The provisions of this Act with respect to the period of employment on Saturday (/), and with respect to the allowance to young persons of whole or half holi- days (g), shall not apply to a male young person employed in day and night turns in pursuance of this exception. (3.) This exception applies to the following factories (e), namely : — (a) Blast furnaces ; (b) Iron mills ; (o) Letter-press printing works ; and (d) Paper mills. (4.) Where it is proved to the satisfaction of the 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 and upwards at night, and that such employment will not injure the health of the male young persons employed, he may, by Special Order, extend this exception to those factories or workshops or parts thereof so far as regards young persons of the age of sixteen years and upwards (h). (a) This section does not authorize the night employment of a young person between 13 and 14, who has obtained a certificate of proficiency. (i) See Sec. 60. (c) See Sees. 26, 33, and 40. (d) For definition of " employment," see Sec. 152. (e) See Sched. VI. (9), (10), (14); and (17). (/) Sec. 26. [g] Sec. 35. (A) By an Order dated the 16th November, 1895, consolidating previous Orders, the exception allowed by this section, so far as 74 FACTOEY AND WORKSHOP ACT, 1901. [SECS. 54, 55, regards male young persons of 16 years and upwards, was extended to factories and workshops of the classes following, namely : — Oil and seed crushing mills (factories). Copper and yellow metal rolling mills. Iron and metal tube works in which furnaces are used. 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. The j)rocess of galvanizing metal in non-textile factories. China clay works. The process of iron-ore washing. This Order, made under Sec. 58 of the Act of 1878, as amended by Sec. 38 of the Act of 1895, remains in force, notwithstanding the repeal of those enactments, as if it had been made in pursuance of this section (Sec. 161 (2) ). Although, in the factories mentioned in Sub-sec. (3), male young persons of the age of 14 years and upwards may be employed in the night, Sub-sec. (4) only authorises an extension of the exception as regards persons of the age of 16 years and upwards. As to the notices to be affixed and served, and the entries to bo made in the register, in the case of employment in pursuance of a special exception, see Sec. 60. Night 55. In glass works a male young person of fourteen ofmaie'youiig J^^'-'s of age and upwards may work according to the persons of 14 accustomed hours of the works, if he is employed in works. accordance with the following conditions, namely : — (a) The total number of hours of the periods of employ- ment must not exceed sixty in any one week ; and (b) The periods of employment must not exceed fourteen hours 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 the number of turns do not exceed nine; and (c) He must not work in any turn without an interval of time not less than one full turn ; and SECS. 55 — 57.] NIGHT EMPLOYMENT. 75 (d) He must not be employed continuously for more than five hours without an interval of at least half an hour for a meal ; and (e) He must not be employed on Sunday. As to the notices to be affixed in the factory and served on the inspector by an occupier wishing to avail himsell of any special exception, see Sec. 60. As to the meaning of " continuous employ- ment," see Sec. 156 (2). 56. In a factory or workshop in which the process Night of printing newspapers is carried on on not more than ^m^ieymais two nights in the week, a male young person above the peraops of 16 age of sixteen years may be employed at night during newspapers, not more than two nights in a week, as if he were no longer a young person: Provided that he must not in pursuance of this exception be employed more than twelve hours in any consecutive period of twenty-four hours. See note to Sec. 55. Intermittent Employment. 57. — (1.) The regulations of this Act with respect Exemption to the period of employment for women (a) shall not flax^souteh apply to flax scutch mills which are conducted on the mills- system of not employing either young persons or children therein, and which are worked intermittently, and for periods only which do not exceed in the whole six months in any year. (2.) A flax scutch mill shall not be deemed to be conducted on the system of not employing either young persons or children therein, until the occupier has served on an inspector (6) notice of his intention to conduct the mill on that system. (a) Sec. 26. ^ (b) The notice must be sent to such inspector as the Secretary of State, by declaration published in the London Gazette or otherwise, as he thinks expedient, directs (Sec. 118 (8) ). 76 FACTORY AND WOEKSHOP ACT, 1901. [sEC. 58. Power to impose sanitary requirements as condition of special exceptions. Supplemental. -(1.) Where it appears to the Secretary of 58.- State — (a) That the adoption of any special means or provision for the cleanliness or ventilation of a factory or workshop is required for the protection of the health of women,- young persons, or children, 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 ; or (b) That the adoption of a special provision as to the total number of hours of employment in each week, the periods of employment, and the intervals between such periods, is required for the protection of the health of any women or young persons employed in pursuance of such an exception at night, he may, by Special Order, direct that the adoption of the means or provision shall be a condition of such employment. (2.) If it appears to the Secretary of State that the adoption of any such means or provision is no longer required, or is, having regard to all the circumstances, inexpedient, he may, by Special Order, rescind the Order directing the adoption without prejudice to the subsequent making of another Order. By an Order dated the 20t]i December, 1882, made -under Sec. 63 of the Act of 1878, the Secretary of State directed that it should be a condition of the employment o-yertime of any woman or young person in pursuance of Sec. 53 of that Act, that there should be a cubic space of at least 400 feet for every woman and young person so employed. So far as factories are concerned, this Order is superseded by Sec. 3 (1) of this Act (re-enacting Sec. 1 of the Act of 1895) ; but it remains in force in the case of overtime employ- ment of women in workshops in pursuance of Sec. 49 of this Act. (See Sec. 161 (2) ) . The efEect is that the condition as to overcrowding during employment overtime is enforceable in the case of workshops either by a factoiy inspector under the provisions of the Order, or by the local authority imder Sec. 91 of the PubHo Health Act and SECB. 58 — 60.] SPECIAL, EXCEPTIONS. 77 Sec. 3 (1) of this Act ; whereas in the case of factories it can only be enforced by the factory inspector under Sec. 1 (1) (c) and Sec. 3 (1) of this Act. 59. Where an exception has been granted or Power to extended under this Act by an Order of the Secretary as to special of State, and it appears to the Secretary of State that exceptions, the exception is injurious to the health of the women, young persons, or children 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 exception was so granted or extended, he may, by Special Order, rescind the grant or extension, without prejudice to the subsequent making of another Order. 60. — (1.) An occupier of a factory or workshop, not Notices, less than seven days before he avails himself of any peSting' °'' special exception made by or in pursuance of this Act, to special shall serve (a) on the inspector for the district, and affix ^^°^^ ^°°^' in his factory or workshop (6), notice of his intention so to avail himself, and whilst he avails himself of the exception shall keep the notice so affixed. (2.) Before the service of the notice on the inspector the special exception shall not be deemed to apply to the factory or workshop, and after the service of the notice on the inspector it shall not be competent in any pro- ceeding under this Act for the occupier to prove that the exception does not apply to his factory or workshop, unless he has previously served on the inspector for the district (a) notice that he no longer intends to avail himself of the exception. (3.) The notice so served and affixed must, except as otherwise provided by this Act (c), specify the hours for the beginning and end of the period of employment, and the times to be allowed for meals to every woman, young person, and child where they differ from the ordinary hours or times. (4.) An occupier of a factory or workshop shall enter in the prescribed register (d) and report to the inspector 78 FACTORY AND WORKSHOP ACT, 1901. [sEC. 60. for the district the prescribed (e) particulars respecting the employment of a woman, young person, or child in pursuance of a special exception; and, in the case of employment overtime, he shall also cause a notice con- taining the prescribed (e) particulars respecting the employment to be kept affixed in the factory or work- shop (b) during the prescribed (e) time, and he shall send the report required by this sub-section to the inspector not later than eight o'clock in the evening on which any woman, young person, or child is employed overtime in pursuance of the exception (/). (5.) Where the occupier of a factory or workshop avails himself of a special exception made by or in pur- suance of this Act, and a condition for availing himself of that exception (whether specified in this Act, or in an order of the Secretary of State made under this Act) is not observed in that factory or workshop, then (a) If the condition relates to the cleanliness, ventila- tion, or overcrowding of the factory or workshop, the factory or workshop shall be deemed not to be kept in conformity with this Act (g) ; and (b) In any other case a woman, young person, or child, employed in the factory or workshop, in alleged pursuance of the exception, shall be deemed to be employed contrary to the provisions of this Act (h). (6.) Where an occupier of a factory or workshop has served on an inspector a report in pursuance of this section of his intention to employ any persons overtime by virtue of a special exception, the report shall, unless withdrawn, be pi-imd facie evidence in any proceedings under this Act that the occupier has in fact employed persons overtime in accordance with the report. (a) The notice may be sent by post (see Sec. 148). (6) See Sec. 128. The provisions of the Act as to afiSxing notices do not apply to domestic factories or domestic workshops, as defined by Sec. 115 (Sec. Ill (4) b). (c) See Sec. 41 (2). SECS. 60 — 63,] FITNESS FOE EMPLOYMENT. 79 (d) See Sec. 129. (e) "Prescribed" means prescribed for the time being by the Secretary of State (Sec. 156 (1) ). (/) Tlie requirements of this sub-section do not apply to domestic factories or domestic -worksbops, except so far as may be prescribed by the Secretary of State (Sec. Ill (2) ). (g) For penalty, see Sec. 135. (h) For penalty, see Sec. 137. (iii.) Fitness for Employment. 61. An occupier of a factory or workshop shall not Prohibitioa knowingly allow a woman or girl to be employed therein ment of""^" within four weeks after she has given birth to a child. ^R™?? H^^^ ° childbirth. This and the following section apply to laundries carried on by way of trade, or for purposes of gain, subject to the exceptions mentioned in Sec. 103 (4) (Sec. 103 (1) /). For penalty, see Sec. 137. 62. A child under the age of twelve years must not be Prohibition employed in a factory or workshop unless lawfully so menTof"''^' employed at the commencement of this Act. children ^ •' under 12. See note to Sec. 61, supra. Prior to the commencement of this Act the age limit was 11 years (see Sec. 18 of the Act of 1891). This section, therefore, does not prohibit the employment of a child who was between 1 1 and 1 2 years of age on the 1 st of January, 1902, and was then employed in a factory or workshop. As to the employment of children between 12 and 14, see Sees. 68 to 72, and the provisions of the Elementary Education Acts which are set out in Appendix 0. 63. — (1.) In a factory (a) a young person under the age of sixteen years or a child must not be employed for more than seven, or if the certifying surgeon for the district (b) resides more than three miles from the factory thirteen, work days, unless the occupier of the factory has obtained a certificate, in the prescribed form (c), of the fitness of the young person or child for employment in that factory. (2.) When a child becomes a young person a fresh certificate of fitness must be obtained (d). Certificates of fitness for employment of young persons under 16 and children in factories. 80 FACTOEY AND WORKSHOP ACT, 1901. [SECS. 63, 64. (3.) The occupier shall, when required, produce to an inspector at the factory in which a young person or child is employed the certificate of fitness of that young person or child for employment (e). (a) As to ■workshops, see Sees. 65 and 66. A certificate of fitness is not required for employment in a workshop, except by Special Order of the Secretary of State under Sec. 66 ; hut the occupier of a workshop may, if he thinks fit, obtain certificates of fitness in the same manner as if the workshop were a factory (Sec. 65). The provisions of the Act with respect to certificates of fitness apply to a domestic factory, as defined by Sec. 115, as if it were a workshop and not a factory (Sec. Ill (3)). (i) As to the appointment and duties of certifying surgeons, see Sec. 122; and as to the fees to be paid to them in respect of certificates of fitness, see Sec. 124. Where there is no certifying surgeon for a factory or workshop, the poor law medical officer for the district in which the factory or workshop is situate acts for the time being as the certifying surgeon (Sec. 123). In Scotland "poor law medical officer" means the medical officer appointed by the parish council (Sec. 159(4)), and in Ireland, includes the medical officer of a dispensary district (Sec. 160 (6) ). (c) See Sees. 64 (4), (5), 122(4). " Prescribed " means prescribed for the time being by the Secretary of State (Sec. 156 (1) ). (d) A child becomes a young person at the age of 14 years, or, being between the age of 13 and 14 years, when he obtains the certificate of proficiency or attendance at school mentioned in Part in. of the Act (Sec. 156 (1) ). See, also, Sec. 67, which applies to workshops as weU as factories, as to the power of an inspector to require a certificate of capacity in the case of any child or young person under the age of 16 years, although a certificate of fitness may have previously been obtained for such child or young person. (e) For the penalty for a contravention of this section, see Sec. 137. Begnlations as to grant of certificate of fitness. 64. With respect to a certificate of fitness for employ- ment for the purposes of this Act, the following provisions shall have effect : — (1.) The certificate shall be granted by the certifying surgeon for the district (a). (2.) The certificate must not be granted except upon personal examination of the person named therein. SEC. 64.] CERTIFICATES OF FITNESS. 81 (3.) A certifying surgeon (a) shall not examine a young person or child for the purpose of the certi- ficate or sign the certificate elsewhere than at the factory where the young person or child is or is about to be employed, unless the number of young persons and children employed in that factory is less than five, or unless for some special reason allowed in writing by an inspector. (4.) The certificate must be to the effect that the certi- fying surgeon is satisfied, by the production of a certificate of birth or other sufficient evidence (6), that the person named in the certificate is of the age therein specified, and has been personally examined by him and is not incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory named in the certificate. (5.) The certificate may be qualified by conditions as to the work on which a child or young person is fit to be employed, and if it is so qualified the occupier shall not employ the young person or child other- wise than in accordance with the conditions (c). (6.) A certifying surgeon (a) shall have the same powers as an inspector for the purpose of examin- ing any process in which a child or young person presented to him for the grant of a certificate is proposed to be employed {d). (7.) All factories in the occupation of the same occupier and in the district of the same certifying surgeon, or any of them, may be named in the certificate, if the surgeon is of opinion that he can truly give the certificate for employment therein. (8.) The certificate of birth (which may be produced 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 young person or child (whether that copy is obtained in pursuance of the Elementary Education Act, 1876, or otherwise), or 39&40Vict. F.A. 6 «■ 79- 82 FACTORY AND WORKSHOP ACT, 1901. [SECS. 64, 65. 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 trans- mitted to that authority in pursuance of the said Act by the registrar of births and deaths that the child was born at the date named in the certificate (e). (9.) Where the certificate is to the effect that the certi- fying surgeon has been satisfied of the age of a young person or child by evidence other than the production of a certificate of birth, an inspector may, by notice in writing, annul the surgeon's certificate if he has reasonable cause to believe that the real age of the young person or child named in it is less than that mentioned in the certificate, and thereupon that certificate shall be of no avail for the purposes of this Act. (10.) Where a certifying surgeon refuses to grant a certificate for any person examined by him, he shall when required give in writing and sign the reasons for his refusal. (a) See note (b) to Sec. 63, ante, p. 80. (6) See Sub-sec. (9) of this section. (c) For penalty, see Sec. 137. (i) As to the powers of an inspector, see Sec. 119. (e) As to certificates of birth, see Sec. 134 and note thereto, and clauses 1 to 3 of the EevisedEegulations of the Board of Education, dated 21st March, 1901, set out in Appendix 0. In Ireland, in the provisions of the Act relating to certificates of birth, the Irish Education Act, 1892, is to be substituted for the Elementary Education Act, 1876, and a school attendance committee for a local authority (Sec. 160(3)). Power to obtain certificates of fitness for employment in workshops. 65. In order to enable occupiers of workshops (a) to better secure the observance of this Act, and prevent the employment in their workshops of young persons under the age of sixteen years and children who are unfitted for that employment, an occupier of a workshop may obtain, if bethinks fit, from the certifying surgeon for the SECS. 65, 66.] CEETIFICATES OF FITNESS. 83 district (6), certificates of the fitness of young persons under the age of sixteen years and children for employ- ment in his workshop, in like manner as if that workshop were a factory, and the certifying surgeon shall examine the young persons and children, and grant certificates accordingly (c). (a) Including occupiers of domestic factories (Sec. Ill (3)). (6) See note (b) to Sec. 63, ante, p. 80. (c) This section enables occupiers of workshops, for their own satisfaction, to obtain certificates of fitness if tbey think fit, but does not require them to do so as in the case of factories (see Sees. 63 and 64). When they do not obtain certificates of fitness they ought in all cases of employment of young persons or children, to require certificates of birth, otherwise they run the risk, if it should turn out that such persons are not of the age represented, of incurring penalties for employing them contrary to the provisions of the Act. See Sec. 67 as to the power of an inspector to require a certificate of capacity. 66. — (1.) Where it appears to the Secretary of State Power that by reason of special circumstances affecting any ^rtificates class of workshops (a) it is expedient for protecting the °^ fitness for health of the young persons under the age of sixteen in certain years, and of the children employed therein, to extend ''workshops, thereto the prohibition in this section mentioned, he may, by Special Order, extend to that class of workshops the prohibition in this Act of the employment of young persons under the age of sixteen years and children without a certificate of the fitness of the young person or child for employment, and thereupon the provisions of this Act with respect to certificates of fitness for employ- ment shall apply to the class of workshops named in the Order in like manner as if they were factories (b). (2.) 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 young persons under the age of sixteen years and the children employed in any class of workshops to which it has been extended under this section, he may, by Special Order, rescind the Order 6—2 84 FACTORY AND WORKSHOP ACT, 1901. [SECS. 66 — 68. Power o£ inspector to require surgical certificate of capacity for work. of extension, without prejudice to the subsequent making of another Order. (a) Including domestic factories (Sec. Ill (3) ). (i) See Sees. 63 and 64. There is no Order at present in force under this section. 67. Where an inspector is of opinion that a young person under the age of sixteen years or a child is by disease or bodily infirmity incapacitated for working daily for the time allowed by law in the factory or workshop in which he is employed, he may serve written notice (a) thereof on the occupier of the factory or workshop, requiring that the employment of that young person or child be discontinued from the period named therein, not being less than one nor more than seven days after the service of the notice (a), and the occupier shall not con- tinue after the period named in the notice to employ that young person or child (notwithstanding that a certificate of fitness has been previously obtained for the young person or child), unless the certifying surgeon for the district (b) has, after the service of the notice, personally examined the young person or child, and has certified that the young person or child is not so incapacitated as aforesaid. (a) As to service of the notice, see Sec. 148. (b) See note (i) to Sec. 63, ante, p. 80. Attendance at school of children employed in factory or workshop. Paet III. Education of Childebn. 68. — (1.) The parent (a) of a child (b) employed in a factory or workshop shall cause that child to attend some recognised ef&cient school (c) (which school may be selected by the parent), as follows : — (a) The child, when employed in a morning or after- noon set, must in every week, during any part of SKC. 68.] EDUCATION. 85 which he is so employed, be caused to attend on each work day for at least one attendance ; and (b) The child, when employed on the alternate day system, must on each work day preceding each day of employment be caused to attend for at least two attendances ; (c) An attendance for the purposes of this section shall be an attendance as defined for the time being by the Secretary of State with the consent of the Board of Education [d), and be between the hours of eight in the morning and six in the evening (e) : Provided as follows : — (i.) 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 (/) : (ii.) The non-attendance of a child shall be 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, and when the school is closed during the ordinary holidays or for any other temporary cause : (iii.) -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 (c) which the child can attend, attendance at a school temporarily approved in writing by an inspector, 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 (c) is established, and with a view to such establishment the inspector shall imme- diately report to the Board of Education (d) every case of the approval of a school by him under this section. (2.) A child who has not in any week attended school for all the attendances required by this section must not 86 FACTORY AND WORKSHOP ACT, 1901. [SECS. 68, 69. ba employed (g) in the following week until he has attended school for the deficient number of attendances. (3.) The Board of Education (<£) shall, by the publica- tion of lists or of notices or otherwise as they think expedient, provide for giving to all persons interested information of the schools in each school district which are recognised efficient schools. (a) The expression "parent" means a parent or guardian of, or person having the legal custody of, or the control over, or having direct benefit from the ■wages of, a young person or child (Sec. 156(1) ). For the penalty for neglect to cause the child to attend school, see Sec. 138 (2). (J) " Child" means a person who is under the age of 14 years, and who, being of the age of 13 years, has not obtained the certificate of proficiency or attendance mentioned in Sec. 71, or in Scotland has not obtained exemption from the obligation to attend school in the manner prescribed by Sec. 3 of the Education (Scotland) Act, 1901 (Sees. 156 (1), 159 (7)). See note to Sec. 71, post, p. 88. (c) As to the meaning of " recognised efficient school," see Sec. 72. {d) "Board of Education " in Scotland means the Scotch Educa- tion Department, and in Ireland the Lord Lieutenant acting by and with the advice of the Privy Council in Ireland. (e) By Orders of the Secretary of State, dated the 24th December, 1878, and made with the consent of the Education Department for England and Wales, and Scotland respectively, "attendance" was defined to mean the attendance of a child at a morning or afternoon meeting of a school during not less than two hours of instruction in secular subjects. And by an Order dated the loth February, 1879, made by the Secretary of State with the consent of the Lord Lieu- tenant and Privy Ooimcil in Ireland, "attendance" was defined to be an attendance for instruction in secular subjects for a period of not less than two hours. These Orders, made under the Factory and Workshop Act, 1878, continue in force as if they had been made in pursuance of this Act (Sec. 161 (2) ). (/) As to the holidays and half holidays allowed, see Sec. 35. (jr) For definition of employment, see Sec. 152; and for the penalty for employing any person contrary to the provisions of the Act, see Sec. 137. Obtaining 69. — (1.) The occupier of a factory or workshop in attentoioe ^^ which a child is employed shall on Monday in every certificate by ^yeek (after the first week in which the child began to occupier. SECS. 69, 70.] EDUCATION. 87 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 a child a certi- ficate (according to the prescribed form and direc- tions) (a) respecting the attendance of the child at school in accordance with this Act. (2.) If a child is employed without such certificate being obtained as is required by this section, the child shall be deemed to be employed contrary to the provisions of this Act (6). (3.) 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 workshop, and shall produce the same to an inspector when required during that period. (a) "Prescribed" means prescribed for the time being by tbe Secretary of State (Sec. 156 (1) ). (b) For penalty, see Sec. 137. See also the provisions of the Elementary Education Acts set out in AppendiK 0. 70. The persons who manage a recognised efficient Payment by school (a) attended by a child employed in a factory or of^^^^foj, workshop, or some person authorised by them may (if schooling. fees for children may be charged in that school) (6) apply in writing to the occupier of the factory or work- shop to pay a weekly sum specified in the application, not exceeding threepence and not 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, that 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. (a) For definition of recognised efficient school, see Sec. 72. See also Sec. 68 (1) iii. (b) See Sees. 2 — 4 of the Elementary Education Act, 1891, and as to Ireland, see Sec. 160 (4) of this Act. 88 FACTORY AND WORKSHOP ACT, 1901. [SEC. 71, Employment as young person of child of 13 on obtaining educational certificate. 71. — (1.) When a child of the age of thirteen years has obtained from a person authorised by the Board of Educa- tion a certificate of having attained such standard of pro- ficiency in reading,writing, and arithmetic.or such standard of previous due attendance at a certified efficient school as is mentioned in this section, that child shall be deemed to be a young person for the purposes of this Act (a) . (2.) 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 the Secre- tary of State, with the consent of the Board of Education, and the standards so fixed shall be published in the London Gazette, and shall not have effect until the expiration of at least six months after such publication (6). (3.) Attendance at a certified day industrial school (c) shall be deemed for the purposes of this section to be attendance at a certified efficient school. (a) In Scotland, the provisions of this section as to certificates of proficiency or of due attendance do not apply, but a child of the age of 13 years, who has obtained exemption from the obligation to attend school in the manner prescribed by Sec. 3 of the Educa- tion (Scotland) Act, 1901, is to be deemed a young person for the purposes of the Act (Sec. 159 (7) ). Sec. 3 of the Education (Scotland) Act, 1901 (1 Edw. YII. c. 9), is as follows : — "3. It shall be lawful for any school board, where after due inquiry in each case the circumstances seem to justify such exemption, to grant exemption from the obligation to attend school to individual children over twelve years of age, for such time and upon such conditions, if any, as to the amount and manner of further attend- ance at school until the age of fourteen, as the school board shall think fit ; and such exemption shall exempt the parent of such child from any prosecution or other proceeding imder the Education Acts for neglecting to provide for the education of such child. "Provided that any school board granting such exemption to individual children shall keep a register wherein shall be entered the names of children so exempted, and a statement of the circum- etances in which and the conditions upon which such exemption has in each case been granted. " Provided also that the department shall have power, when it sees fit, to call upon any school board for a return of the children to SEC. 71.] EDUCATION. 89 ■whom, such exemption has been granted, and of the circumstances in which and the conditions upon which such exemption has in each case been granted; and if, after due inquiry, the department is satisfied that such exemption has been granted by any school board in circumstances which did not justify its being so granted, or that the conditions on which such exemption has been granted are insufficient, or that the attendance of scholars within the district of such school board, or any part thereof, is unsatisfactory, the department may call upon such school board to recall such exemp- tion, or to take steps to improve the attendance ; and if the said school board fail to do so within a reasonable time, it shall be lawful for the department to withhold or reduce the parliamentary grant made to the said school board under Sec. 67 of the Education (Scotland) Act, 1872." In Ireland, for the " Board of Education " read the Lord Lieu- tenant, acting by and with the advice of the Privy Council in Ireland. (6) The standards of proficiency and due attendance now in force for England and Wales were fixed by an Order of the Secretary of State, dated the 7th August, 1893, and made with the consent of the Lords of the Committee of the Privy Council on Education, whereby it was ordered 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. Prom and after the 1st day of September, 1894, the Order of the Secretary of State, dated loth February, 1879, shall be revoked, and instead thereof the following provisions shall take effect, that is to say : — (a) The standard of proficiency for the purpose of a certificate of proficiency to be given 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. Standard V., as fixed by the Code of 1893, is as follows : — Beading : To read with intelligence a passage from some standard author, a reading book, or a history of England. Writing: Writing from memory the substance of a short story read out twice ; spelling, handwriting, and correct expression to be considered. Arithmetic : Practice, biUs of parcels, and single rule of three by the method of unity. 90 FACTOEY AND WOBKSHOP ACT, 1901. [sEC. 71. Addition and subtraction of proper fractions, ■with denomina- tors not exceeding twelve. Or, as an alternative : Vulgar fractions (simple fractions only). Practice. Bills of parcels. Common weights and measures. Mensuration of rectangles. Certificates of proficiency may be granted by the persons prescribed by Articles 3 — 8 and 30 of the Code of 1893. (b) 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 5 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 Sees. 10, 11 and 12 of the Regulations of the Education Department, dated 27th February, 1893. As to the granting of certificates of proficiency and school attend- ance, see the Eevised Eegulations of the Board of Education of the 21st March, 1901, set out in Appendix C. The standards of proficiency and due attendance for Ireland were fixed by an Order of the Secretary of State, dated the 15th February, 1 879, and made with the consent of the Lord Lieutenant and Privy Council in Iieland, whereby' it was ordered as follows : — The standard of proficiency for the purpose of the 26th section of ' the said Act shall be the standard in reading, writing, and elemen- tary arithmetic prescribed 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 prescribed by the Order of the Lord Lieutenant iu OouncU, dated the 11th of August, 1876 : — Heading : Beading intelligently any passage from the fourth book of lessons published by the Commissioners, 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. Arithmetic : Compound rules (money), and reduction of common weights and measures. SECS. 71, 72.] EDUCATION. 91 The standard of previous due attendance for the purposes of the 26th section of the said Act shall be that shown in the following table : — The Standard of previous due Attendance shall be During the Year. The following Number of Attendances after a Child has attained 5 Years of Age. In not more than Two Schools during each Year for the following Number of Years, whether consecutive or not. 1879 1880 1881 and following years 200 200 200 Three Four Five The above-mentioned Order of the 15th February, 1879, was approved by the Lord Lieutenant and Privy OouncU in teland, by an Order dated the 1st March, 1879, and it was further ordered, directed, and appointed that any principal or sole teacher of a national school, or other certified efficient school in Ireland, might grant, and should be thereby authorised to grant, certificates of proficiency and of previous due attendance pursuant to the 26th section of the said Act. The above-mentioned Orders of the 7th August, 1893, for England and Wales, and of the loth February, 1879, and the 1st March, 1879, for Ireland, which were made in pursuance of Sec. 26 of the Factory and Workshop Act, 1878, remain in force, notwithstanding the repeal of that Act, as if they had been made under this section (see Sec. 161 (2) ). As to Scotland, see note (a), supra. (c) As to certified day industrial schools, see Appendix 0, Sec. 16 of the Elementary Education Act, 1876. 72. — (1.) In this Act — Definitions The expression " certified efficient school " means efficient' ^^"^ a public elementary school (a) within the mean- school," and ing of the Elementary Education Acts, 1870 to effidenT^^ 1900, and any workhouse school in England school." certified to be efficient by the Local Govern- ment Board, and any elementary school (&) which is not conducted for private profit and is C.76. 92 FACTORY AND WORKSHOP ACT, 1901. [sEC, 72 open at all reasonable times to the inspection of His Majesty's inspectors of schools, and requires the like attendance from its scholars as is required in a public elementary school (a), and keeps such registers of those attendances as are for the time being required by the Board of Education, and is certified by the Board to be an efficient school ; and The expression " recognised efficient school " means a certified efficient school, and any school which the Board of Education have not refused to take into consideration under the 3S&. 3i Vict. Elementary Education Act, 1870, as a school giving efficient elementary education to and suitable for the children of a school district (c), and which is recognised for the time being by an inspector under this Act as giving efficient elementary education (d). (2.) An inspector shall immediately report to the Board of Education every school recognised by him as giving efficient elementary education (e). (a) For definition ol "public elementary school," see Sees. 3 and 7 of the Elementary Education Act, 1870, set out in Appendix 0. (6) "Elementary school" means a school or department of a school at which elementary education is the principal part of the education there given, and does not include any school or depart- ment of a school at which the ordinary payments in respect of the instruction, from each scholar, exceed ninepence a week (lb. Sec. 3). (c) See Sees. 8 and 9 of the Elementary Education Act, 1870, set out in Appendix 0. (d) In Scotland "certified eflEicient school" means any public or other elementary school under Government inspection; and "Board of Education" means the Scotch Education Department (Sec. 159 (1), (6)). In Ireland " certified 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 purposes of the Act (Sec. 160 (1)); and " recognised efficient school" means a certified efficient school, and SECS. 72, 73.] DANGEROUS TRADES. 93 any school which is recognised for the time being by a factory inspector as giving efQcient elementary education (Sec. 160 (2) ). (e) In Ireland this report must be made to the Lord Lieutenant (Sec. 160 (7) ). Part IV. Dangerous and Unhealthy Industries. (i.) Special Provisions. 73. — (1.) Every medical practitioner attending on Notification of certain diseases or called in to visit a patient whom he believes to be suffering from lead, phosphorus, arsenical or mercurial contracted poisoning, or anthrax, contracted in any factory or wortah^.*"^ workshop, shall (unless the notice required by this sub-section has been previously sent) send to the Chief Inspector of Factories at the Home Office, London, 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 pur- suance of this section to a fee of two shillings and six- pence, to be paid as part of the expenses incurred by the Secretary of State in the exepution of this 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 or mercurial poisoning, or anthrax, occurring in a factory or workshop, shall forthwith be sent to the inspector and to the certifying surgeon for the district (a) ; and the provisions of this Act with respect to accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions (6). (4.) The Secretary of State may, by Special Order, apply the provisions of this section to any other disease occurring in a factory or workshop, and thereupon this 94 FACTORY AND WOEKSHOP ACT, 1901. [SBCS. 73, 74. section and the provisions referred to therein shall apply accordingly (c). (a) As to tlie appointment and duties of certifying surgeons, see Sec. 122 ; and as to their fees, see Sec. 124. Where there is no certifying surgeon for a factory or workshop, the poor law medical officer for the district is to act for the time being as the certifying surgeon (Sec. 123). (h) See Sees. 19 to 22. (c) The Order of the Secretary of State of March 27th, 1899, extending the provisions of Sec. 29 of the Act of 1895 to cases of mercurial poisoning, is now superseded by the provisions of this section. Provision as to ventilation by fan in certain factories and workshops. 74. If in a factory or workshop where grinding, glazing, or polishing on a wheel, or any process is carried on by which dust, or any gas, vapour, or other impurity, is generated and inhaled 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 that a fan or other mechanical means of a proper con- struction for preventing such inhalation be provided within a reasonable time ; and if the same is not pro- vided, maintained, and used, the factory or workshop shall be deemed not to be kept in conformity with this Act. In proceedings under this section, it is not necessary for the inspector to prove that any worker has actually suffered in health in consequence of inhaling the dust or other impurity. It is suffi- cient if it is proved that dust, or any gas, vapour, or other impurity, is generated and inhaled by the workers to such an extent that it win necessarily tend to injure their health in the long run (Hoare V. Bitchie [1901] 1 E. B. 434). In tenement factories the owner, instead of the occupier, is liable for the observance, and punishable for the non-observance, of the provisions of this section so far as concerns the supply of pipes or other contrivances necessary for working the fan or other means for the prevention of the inhalation of the dust, gas, vapour, or other impurity (Sec. 87 (1) iv.). As to the penalty for not observing the provisions of the section, see Sec. 135. This section does not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157 (3) ). As to laundries, see Sec. 103 (3) a. SECS. 75 — 77.] DANGEROUS TRADES. 95 75. — (1.) In every factory or workshop where lead, Lavatories , , . 1 , . T . , and meals arsenic, or any other poisonous substance is used, suit- m certain able washing conveniences must be provided for the use ?*J^^®™"* of the persons employed in any department where such substances are used. (2.) In any factory or workshop where lead, arsenic, or other poisonous substance is so used as to give rise to dust or fumes, a person shall not be allowed to take a meal, or to remain during the times allowed to him for meals, in any room in which any such substance is used, and suitable provision shall be made for enabling the persons employed in such rooms to take their meals elsewhere in the factory or workshop. (3.) A factory or workshop in which there is a contra- vention of this section shall be deemed not to be kept in conformity with this Act. This section does not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157 (3)). As to the penalty lor a contravention oi the section, see See. 135. 76. — (1.) A woman, young person, or child must not Bestrictions be employed in any part of a factory in which wet- meS;i™we^" spinning is carried on, unless sufficient means are spinning, employed and continued for protecting the workers from being wetted, and, where hot water is used, for prevent- ing the escape of steam into the room occupied by the workers. (2.) A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. Por penalty, see Sec. 135. 77. — (1.) In the part of a factory or workshop in Prohibition which there is carried on — men™of°^" (a) the process of silvering mirrors by the mercurial young persons and children process ; or in certain (b) the process of making white lead, worksiw s"*^ a young person or child must not be employed. 96 FACTOET AND WOEKSHOP ACT, 1901. [SECS. 77, 78. (2.) In the part of a factory in which the process of melting or annealing glass is carried on a female young person or a child must not be employed. (3.) In a factory or workshop in which there is carried on — (a) the making or finishing (a) of bricks or tiles not being ornamental tiles ; or (b) the making or finishing of salt, a girl under the age of sixteen years must not be employed. (4.) In the part of a factory or workshop in which there is carried on — (a) any dry grinding in the metal trade ; or (b) the dipping of lucifer matches, a child must not be employed. (5.) Notice of a prohibition contained in this section must be affixed in the factory or workshop to which it applies (b). (a) In Squire v. Stanley, 1901, 84 L. T. 535, a question arose as to the meaning of the expression " finishing of bricks " in the First Schedule to the Act of 1878, the provisions of which are re-enacted by this section. The bricks, after being produced by kiln--work, were taken to dipping-sheds, where they were placed in a preparing solution, and after having been dipped in glaze and scraped, were stacked, and subsequently baked with a view to setting the glaze. They were then polished and stacked until wanted for sale. It was held that all these processes subsequent to the making of the bricks were processes of " finishing," and that girls employed in carrying the bricks from place to place in the course of the operations were employed in the " finishing of bricks " within the meaning of the Schedule. (i) As to the penalty for a contravention of the provisions of the section, see Sec. 137. Prohibition of taking meals in certain parts of factories and work- 78. — (1.) A woman, young person, or child must not be allowed to take a meal or to remain during the times allowed for meals in the following factories or workshops, or parts of factories or workshops ; that is to say, — (a) in the case of glass works, in any part in which the materials are mixed ; and SEC. 78.] DANGEROUS TEADES. 97 (b) in the case of glass works where flint glass is made, in any part in which the work of grinding, cutting, or polishing is carried on ; and (c) in the case of lucifer-match works, in any part in which any manufacturing process or handicraft (except that of cutting the wood) is usually carried on ; and (d) in the case of earthenware works, in any part known or used as dippers house, dippers drying room, or china scouring room. (2.) If a woman, young person, or child is allowed to take a meal or to remain during the times allowed for meals in a factory or workshop or part thereof in contra- vention of this section, the woman, young person, or child shall be deemed to be employed contrary to the provisions of this Act (a). (3.) Notice of the prohibition in this section shall be affixed in every factory or workshop to which it applies. (4.) Where it appears to the 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 this section the taking of meals therein is specially injurious to health, he may, if he thinks fit, by Special Order, extend the prohibition in this section to the class of factories or workshops or parts thereof (b). (5.) If the prohibition in this section is proved to the satisfaction of the Secretary of State to be no longer necessary for the protection of the health of women, young persons, and children in any class of factories or workshops or parts thereof to which it has been so extended, he may, by Special Order, rescind the order of extension, without prejudice to the subsequent making of another Order. (a) For penalty, see Sec. 137. (J) By an Order of the Secretary of State, dated March 23rd, 1898, ■which continues in force, notwithstanding the repeal of the enact- ment Tinder which it was made (Sec. 39 of the Act of 1878), as if it had been made in pursuance of this section (Sec. 161 (2)), the F.A. 7 98 FACTORY AND WORKSHOP ACT, 1901. [SECS. 78, 79. prohibition was extended to the classes of factories or workshops or parts thereof following, that is to say : — The parts of textile factories in which the process of gassing is carried on. The parts of print works, bleaching works, and dyeing works in which the process of singeing is carried on. The parts of factories or workshops in. which any of the following processes are carried on : — Sorting or dusting wool or hair. Sorting, dusting, or grinding rags. Pur-pulling. Grinding, glazing, or polishing on a wheel. Brass-casting, typefounding. Dipping metal in aquafortis or other acid solution. Metal-bronzing. Majolica painting on earthenware. Cleaning and repairing catgut. Cutting, turning, or polishing bone, ivory, pearlsheU, or snailsheU. Manufacturing chemicals or artificial manures. Manufacturing white lead. Lithographic printing Playing-card making Fancy box making Paper staining Almanack making Artificial fiower making Paper coloTiring and enamelling Colour making if and when dry powder or dust is used. (ii.) Regulations for Dangerous Trades. The provisions of the following eight sections (Y9 to 86) are applied by Sec. 104 to every dock, wharf, quay, and warehouse, and all machinery or plant used in the process of loading or unloading or ooaJing any ship in any dock, harbour, or canal ; by Sec. 105 to 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 connec- tion with a building ; and by Sec. 106 to certain railway lines and Power to 79. Where the Secretary of State is satisfied that UonstoT^^ any manufacture, machinery, plant, process, or descrip- safety of tion of manual labour, used in factories or workshops, is SEC. 79.] REGULATIONS FOE DANGEEOUS TEADES. 99 dangerous or injurious to health or dangerous to life or persons limh, either generally or in the case of women, children, dangerous or any other class of persons, he may certify that manu- *■^^^^^ facture, machinery, plant, process, or description of manual labour, to be dangerous ; and thereupon the Secretary of State may, subject to the provisions of this Act, make such regulations as appear to him to be reasonably practicable, and to meet the necessity of the case. The loUo-wing processes iave been certified by the Secretary of State to be dangerous or injurious to health, namely : — Processes in — The manufacture of white lead. The manufacture of paints, colours, and in the extraction of arsenic. Enamelling of iron plates. {Gertificate dated 9th May, 1892.) The manufacture of lucifer matches, except such as are made ■with red or amorphous phosphorus. [Certificate dated 2nd June, 1892.) The manufacture of earthenware. The manufacture of explosives in which di-nitro-benzole is used. Chemical works. Quarries. [Certificate dated 2ith Decemher, 1892.) The manufacture of red, orange, or yellow lead. Lead smelting. The tinning and enamelling of iron hoUow-ware. Electric accumulator works. [Certificate dated 2nd January, 1894.) Flax mills and linen factories. [Certificate dated Zrd January, 1894.) The tinning and enamelling of metal hoUow-ware and cooking utensils. [Certificate dated \9th June, 1894.) Processes in which yellow chromate of lead is used or in which goods dyed with it undergo the process of bundling or noddling, windilig, reeling, weaving, or any other treatment. [Certificate dated 9th April, 1895.) 7—2 100 FACTORY AND WORKSHOP ACT, 1901. [sEC. 79. Processes in tie mixing and casting of brass, gun metal, bell metal, -wbite metal, delta metal, phosphor bronze, and maniUa mixture. {Certificate dated 1st Jamuwy, 1896.) The process of sorting wool, goat-hair, or camel-hair, and the processes incidental thereto. (Certificate dated 23rd July, 1896.) The process of bottling aerated water and the processes incidental thereto, including the examining and labelling of the bottles. (Certificate dated Wth September, 1896.) The process of vulcanizing india-rabber by means of bisulphide of carbon, and the processes incidental thereto. (Certificate dated 1st December, 1896.) The process of sorting foreign hides and skins and dry East Indian hides and skins, and the processes incidental thereto. (Certificate dated 2nd April, 1898.) The manufacture and decoration of earthenware and china. {Certificate dated 1th May, 1898.) The dusting of colours on adhesive surfaces for the purpose of making transfers for use in the manufacture or decoration of earthenware and china. (Certificate dated Srd August, 1898.) The process of glazing bricks with the use of lead. (Certificate dated 11th December, 1898.) The processes of sorting, willeying, washing, combing, and carding wool, goat-hair and camel-hair, and processes incidental thereto. (Certificate dated 28th November, 1899.) In pursuance of these certificates, Special Rules for the observance of the occupiers of, and persons employed in, factories or work- shops in which any of the above-mentioned processes are carried on, have been established under the provisions of the Acts of 1891 and 1895. All the Special Rules now in force, together with the pro- visions of the Acts of 1891 and 1895 under which they were made and are enforced, are set out in Appendix A. These provisions — namely. Sees. 8, 9, 10, and 12, and the First Schedule of the Act of 1891, and Sees. 12, 24 (3), and 28 of the Act of 1895— are not SECS. 79, 80.] EEGULATIONS FOR DANGEEOUS TRADES. 101 repealed as from the oommencement of this Act, but as from a date to be fixed by Order of the Secretary of State (Sec. 161, and Seventh Schedule) ; and by Sec. 161 (2) it is provided that all Special Eides and requirements made or having effect under any enactment hereby repealed shall continue to have effect as if they had been made under this Act ; and that nothing in this Act shall be con- strued as altering the mode of making such Special Rules or requirements whilst the power to make them continues in force. Special Eules for dangerous and unhealthy trades may, therefore, still be made and enforced iu the manner provided by the Acts of 1891 and 1895, notwithstandiag the provisions made by this and the following seven sections for the making and enforcing of regulations as to such trades. 80. — (1.) Before the Secretary of State makes any Procedure regulations under this Act, lie shall publish, in such regulati(m^ manner as he may think best adapted for informing persons affected, notice of the proposal to make the regulations, and of the place where copies of the draft regulations may be obtained, and of the time (which shall be not less than twenty-one days) within which any objection made with respect to the draft regulations by or on behalf of persons affected must be sent to the Secretary of State. (2.) Every objection must be in writing and state — (a) the draft regulations or portions of draft regula- tions objected to ; (b) the specific grounds of objection ; and (c) the omissions, additions, or modifications asked for. (3.) The Secretary of State shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft regulations, and shall then cause the amended draft to be dealt with in like manner as an original draft. (4.) Where the Secretary of State does not amend or withdraw any draft regulations to which any objection has been made, then (unless the objection either is withdrawn or appears to him to be frivolous) he shall, 102 FACTORY AND WORKSHOP ACT, 1901. [SECS. 80 — 82. before making the regulations, direct an inquiry to be held in the manner hereinafter provided. See note to Sec. 79, ante, pp. 99 — 101, and Appendix A. Inquiries. 81. — (1.) The Secretary of State may appoint a com- petent person to hold an inquiry with regard to any draft regulations, and report to him thereon. (2.) The inquiry shall be held in public, and the chief inspector and any objector and any other person who, in the opinion of the person holding the inquiry, is affected by the draft regulations, may appear at the inquiry either in person or by counsel, solicitor, or agent. (3.) The witnesses on the inquiry may, if the person holding it thinks fit, be examined on oath. (4.) Subject as aforesaid, the inquiry and all pro- ' ceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Secretary of State. (5.) The fee to be paid to the person holding the inquiry shall be such as the Secretary of State may direct, and shall be deemed to be part of the expenses of the Secretary of State in the execution of this Act. Application of 82.^1.) The regulations made under the foregoing provisions of this Act may apply to all the factories and workshops (a) in which the manufacture, machinery, plant, process, or description of manual labour, certified to be dangerous is used (whether existing at the time when the regulations are made or afterwards established) or to any specified class of such factories or workshops. They may provide for the exemption of any specified class of factories or workshops either absolutely or subject to conditions. (2.) The regulations may apply to tenement factories (b) and tenement workshops (6), and in such case may impose duties on occupiers who do not employ any person, and on owners (c). (3.) No person shall be precluded by any agreement legalations. SECS. 82 — 85.] REGULATIONS FOE DANGEEOUS TEADES. 103 from doing, or be liable under any agreement to any penalty or forfeiture for doing, such acts as may be necessary in order to comply with the provisions of any regulation made under this Act. (a) See note preceding Sec. 79, ante, p. 98. (6) For definitions of " tenement factory " and " tenement work- shop," see Sec. 149. (c) As to the meaning of "owner,"' see Sec. 156 (1). 83. Eegulations made under the foregoing provisions ProviBlona of this Act may, among other things,— temade by (a) prohibit the employment of, or modify or limit the regulations, period of employment of, all persons or any class of persons in any manufacture, machinery, plant, process, or description of manual labour certified to be dangerous ; and (b) prohibit, limit, or control the use of any material or process ; and (c) modify or extend any special regulations for any class of factories or workshops contained in this Act (a). (a) See Sees. 74 to 78. 84. Eegulations made under the foregoing provisions Eegulations to of this Act shall be laid as soon as possible before both ^^ ^}^ before ^ Parliament. Houses of Parliament, and if either House within the next forty days after the regulations have been laid before that House, resolve that all or any of the regula- tions ought to be annulled, the regulations shall, after the date of the resolution, be of no effect, without pre- judice to the validity of anything done in the meantime thereunder, or to the making of any new regulations. If one or more of a set of regulations are annulled, the Secretary of State may, if he thinks fit, withdraw the whole set. 85. — (1.) If any occupier, owner, or manager, who Breach of is bound to observe any regulation under this Act (a), regulations, acts in contravention of or fails to comply with the 104 FACTORY AND WORKSHOP ACT, 1901. [sECS. 85, 86. regulation, he shall be liable for each offence to a fine not exceeding ten pounds, and, in the case of a continuing offence, to a fine not exceeding two pounds for every day during which the offence continues after conviction therefor. (2.) If any person other than an occupier, owner, or manager, who is bound to observe any regulation under this Act (a), acts in contravention of, or fails to comply with, the regulation, he shall be liable for each offence to a fine not exceeding two pounds ; and the occupier of the factory or workshop shall also be liable to a fine not exceeding ten pounds, unless he proves that he has taken all reasonable means by publishing, and to the best of his power enforcing, the regulations to prevent the contravention or non-compliance. (a) I.e., any regulation made in pursuance of Sees. 79 to 84. Publication of 86. — (1.) Notice of any regulations having been regulations, made under the foregoing provisions of this Act, and of the place where copies of them can be purchased, shall be published in the London, Edinburgh, and Dublin Gazettes. (2.) Printed copies of all regulations for the time being in force under this Act in any factory or workshop (a) shall be kept posted up in legible characters in con- spicuous places in the factory or workshop where they may be conveniently read by the persons employed. In a factory or workshop in Wales or Monmouthshire the regulations shall be posted up in the Welsh language also. (3.) A printed copy of all such regulations shall be given by the occupier to any person affected thereby on his or her application. (4.) If the occupier of any factory or workshop (a) fails to comply with any provision of this section as to posting up or giving copies, he shall be liable to a fine not exceeding ten pounds. (5.) Every person who pulls down, injures, or defaces any regulations posted up in pursuance of this Act, or SliCS. 86, 87.] TENEMENT FACTORIES. 105 any notice posted up in pursuance of the regulations, shall be liable to a fine not exceeding five pounds. (6.) Eegulations for the time being in force under this Act shall be judicially noticed. (a) See note preceding Sec. 79, ante, p. 98. Paex V. Special Modifications and Extensions. (i.) Tenement Factories. 87. — (1.) The owner (a) (whether or not he is one of Duties of the occupiers) of a tenement factory (&) shall, instead of "dement the occupier, be liable for the observance, and punish- factory, able for non-observance, of the following provisions of this Act (c), namely, the provisions with respect to — (i.) the cleanliness, freedom from effluvia, overcrowd- ing and ventilation of factories, contained in section one of this Act, including, so far as they relate to any engine-house, passage, or staircase, or to any room which is let to more than one tenant, the provisions with respect to limewashing and washing of the interior of a factory ; \ (ii.) the fencing of machinery, and penal compensa- tion for neglect to fence machinery in a factory, except so far as relates to such parts of the machinery as are supplied by the occupier {d) ; (iii.) the notices to be affixed in a factory with respect to the period of employment, times for meals, and system of employment of children (e) ; (iv.) the prevention of the inhalation of dust, gas, vapour, or other impurity, so far as that provision requires the supply of pipes or other contrivances necessary for working the fan or other means for that purpose (/) ; and (v.) the affixing of an abstract and notices in a factory (g). Provided that any occupier may affix in his own 106 FACTOEY AND WORKSHOP ACT, 1901. [SEC. 87. tenement the notice with respect to the period of employment, times for meals, and system of employ- ment of children, and thereupon that notice shall, with respect to persons employed by that occupier, have effect in substitution for the corresponding notice affixed by the owner (e). (2.) The provisions of this Act with respect to the power to make orders in the case of dangerous premises (h) shall apply in the case of a tenement factory (&) as if the owner (o) were substituted for the occupier. (3.) In the case of any tenement factory (6) or class of tenement factories used wholly or partly for the weaving of cotton cloth, the owner (a) shall, if the Secretary of State by Order so directs, be substituted for the occupier for the purpose of the requirements of section seven and section ninety-four of this Act or of any Order of the Secretary of State with respect to ventilation. (4.) Where, by or under this section, the owner of a tenement factory is substituted for the occupier with respect to any provisions of this Act, any summons, notice, or proceeding, which for the purpose of any of those provisions is by this Act required or authorised to be served on or taken in relation to the occupier, is hereby required or authorised (as the case may be) to be served on or taken in relation to the owner. (a) Por definition of "owner," see Sec. 156 (1). (6) " Tenement factory " means a factory where mechanical power is supplied to different parts of the same building occupied by difEerent persons for the purpose of any manufacturing process or handicraft, in such manner that those parts constitute in law separate factories, and for the purpose of the provisions of the Act with respect to tenement factories aU buildings situate within the same close or cm-tilage are to be treated as one building (Sec. 149(1))., (c) Por the p\irposes of Sees. 11 and 14 also, the owner of a tenement factory or tenement workshop is substituted for the occupier, and the whole of such a factory or workshop is deemed to be one factory or workshop (Sees, 11 (6), 14 (7). See also Sec. 82 (2) as to regulations for dangerous trades in the case of SECS. 87 — 89.] TENEMENT FACTORIES. 107 tenement factories and tenement workshops, and Sec. 88 as to grinding cutlery in a tenement factory. (d) See Sees. 10 and 136. (e) See Sees. 32 and 128. (/) See Sec. 74. Ig) See Sec. 128. [h) Sec. 18. 88. — (1.) Where grinding is carried on in a tenement Begulationsas factory (a), the owner (b) of the factory shall be respon- ^if^^^^ sible for the observance of the regulations set forth in in tenement the Third Schedule to this Act. ^'^*°'^- (2.) In every such tenement factory it shall be the duty of the owner (6) 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 of cutlery is carried on, the owner (6) 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 a contra- vention of this section shall be deemed not to be kept in conformity with this Act (c),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. (5.) This section shall not apply to a textile factory {d). (a) For definition of " tenement factory," see Sec. 149 (1). (b) For definition of " owner," see Sec. 156 (1). (c) For penalty, see Sec. 133. (d) For definition of "textile factory," see Sec. 149 (1). 89. A certificate of the fitness of any young person Certificate or child for employment in a tenement factory shall be tenmenV" factory. 108 FACTORY AND WOEKSHOP ACT, 1901. [SECS. 89 — 91, valid for his similar employment in any part of the . same tenement factory. As to certificates of fitness, see Sees. 63 and 64; and for definition of tenement factory, see Sec. 149 (1). (ii.) Cotton Cloth and other Humid Factories. Temperature gQ. In every room, shed, or workshop, or part thereof, in which the weaving of cotton cloth is carried on (in this Act referred to as a "cotton cloth factory") (a), the following provisions shall have effect : — (1.) The amount of moisture in the atmosphere must not at any time be in 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 the Fourth Schedule to this Act opposite to such figure in column II. as represents the temperature existing in the cotton cloth factory at that time : Provided that the temperature shall not at any time be raised by any artificial means whatsoever (except by gas used for lighting purposes only) above seventy degrees, except in so far as may be necessary in the process of giving humidity to the atmosphere. (2.) The fact that one of the wet-bulb thermometers in the factory gives a higher reading than the figure shown in column III. of the said table opposite to such figure in column II. as represents the temperature existing in the factory, shall be evidence that the amount of moisture in the atmo- sphere exceeds the limit prescribed by this section. (a) As to other humid factories, see Sec. 96. humidity. Power to 91. The Secretary of State may by Order repeal or humiditv.^°* vary the table in the Fourth Schedule to this Act, and substitute any new or amended table therefor (a). Provided as follows : — (a) The varied or substituted table shall be laid in a complete form before both Houses of Parhament 8ECS. 91, 92.] COTTON CLOTH FACTOBIES. 109 if Parliament is sitting, or if not, then within three weeks after the beginning of the next en- suing session of Parliament ; and if the table is disapproved by either House of Parliament within forty days after having been so laid before Parlia- ment, the table shall be void and of no effect : (b) The table shall not come into operation until it has been laid before Parliament for forty days ; but after the expiration of those forty days, if the table has not been disapproved 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 that factory, and after the expira- tion of fourteen days from the first publication thereof in the London Gazette, the varied or sub- stituted table shall be deemed to be the table in the Fourth Schedule to this Act. (o) The table in Fourth. Schedule confixms and supersedes the Order of the Secretary of State, dated 27th April, 1893. 92. — (1.) In every cotton cloth factory, for the pur- Employment pose of recording the humidity of the atmosphere and meters, the temperature there must be provided, maintained, and kept in correct working order two sets of standardised wet and dry bulb thermometers. (2.) The following regulations shall be observed with reference to the employment of such thermometers : — (a) 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 is directed or sanctioned by an inspector, so as to be plainly visible to the workers ; (b) The occupier or manager or person for the time being in charge of the factory shall read the ther- mometers thrice in the day, namely, between seven and eight o'clock in the forenoon, between ten and 110 FACTORY AND WORKSHOP ACT, 1901. [SECS. 92, 93. Notices and inspections where humidity is artiiicially produced. eleven o'clock in the forenoon, and between three and four o'clock in the afternoon, on every day on which any workers are employed in the factory, and shall record the readings of each thermometer at each of those times on a form provided for the pur- pose for each set of thermometers in accordance with the Form of Eecord and the regulations contained in the Fourth Schedule to this Act; (c) The form in which the readings of each thermo- meter are to be recorded must be kept hung up near the thermometers, and after being duly filled up, must be forwarded at the end of each month to the inspector of the district, and a copy must be kept at the factory for reference ; (d) There must be kept hanging up in a frame, and properly glazed, in a conspicuous position and near to each set of thermometers, a copy of the table set out in the Fourth Schedule to this Act ; (b) Each form shall be prima facie evidence of the humidity of the atmosphere and temperature in the factory in which the form was hung up. For definition of cotton cloth factory, see Sec. 9"0 ; and as to the application of this section to other humid factories, see Sec. 96. 93. — (1.) The occupier of every cotton cloth factory in which humidity of the atmosphere is produced by any artificial means whatsoever (except by gas used for lighting purposes only) shall, at or before the time at which such artificial production of humidity is com- menced, give notice thereof in writing to the chief inspector of factories (a). (2.) Every factory in respect of which any such notice has been given shall be visited by an inspector once at least in every three months. The inspector shall examine into the temperature, humidity of the atmo- sphere, ventilation, and quantity of fresh air in the factory, and shall report to the chief inspector of factories in the prescribed form (b) . SEC. 93.] COTTON CLOTH FACTORIES. (3.) If at any time the occupier of any factory in respect of which any such notice has been given ceases to produce humidity by artificial means, he may give notice in writing of such cessation and from the date of that notice, and so long as humidity is not artificially produced in the factory, the provisions of this section shall not apply to that factory. (a) For definition of cotton cloth factory, see Sec. 90 ; and as to the application of this section to other humid factories, see Sec. 96. (6) The form prescribed by Order of the Secretary of State dated 2nd February, 1898, and made under the Cotton Cloth Factories Acts, 1889 and 1897, is as follows :— 111 Form of Inspector's Report. Name of Occupier Address of Factory Booms used. Process carried on. Number of Opera- tives. CuTiio Feet in Boom. Carbonic Acid in parts per 10,000. General State of Tempera- ture. Humidity. Ventila- tion. Date of Visit In the period from to the temperature was on occasions, and the humidity on occasions, in excess of the maximum fixed by the Cotton Cloth Factories Act, 1889 (Sec. 5 and Sched. A.). General Eemarks. (Signed) Inspector. 112 FACTOEY AND WORKSHOP ACT, 1901. [SEC. 94. Begolations for the pro- tection of health. 94. In every cotton cloth factory the following regu- lations for the protection of health shall have effect, viz. : — (1.) The water used for the purpose of producing humidity shall either be taken from a public supply of drinking water or other source of pure water, or shall be effectively purified to the satisfaction of the inspector before being introduced in the form of steam into the factory, and all ducts for the introduction of humidified air shall be kept clean. (2.) The pipes used for the introduction of steam into a cotton cloth factory in which the temperature is seventy degrees Fahrenheit or over shall, so far as they are within the shed, be as small both in diameter and length as is reasonably practicable, and shall be effectively covered with non-conducting material to the satisfaction of the inspector, so as to minimise the amount of heat thrown off by them into the shed. (3.) In the case of a cotton cloth factory in which humidity of the atmosphere is produced by any artificial means whatsoever (except by gas used for lighting purposes only), the arrangements for ventila- tion shall be such that during working hours in no part of the cotton cloth factory shall the proportion of carbonic acid (carbon dioxide) in the air be greater than nine volumes of carbonic acid to every ten thousand volumes of air. (4.) Unless some other method certified by the inspector to be equally satisfactory is adopted, the outside of the roof of every cotton cloth factory shall be white- washed every year before the thirty-first day of May, and such whitewash shall be effectively maintained until the thirty-first day of August. (5.) In every cotton cloth factory erected after the second day of February one thousand eight hundred and ninety-eight a sufficient and suitable cloak room, or cloak rooms, shall be provided for the use of all SECS. 94 — 96.] HUMID FACTOEIES. 113 the persons employed therein, and shall be ventilated and kept at a suitable temperature. This section confirms and supersedes the provisions of an Order of the Secretary of State, dated 2nd February, 1898. It does not apply to the other humid factories referred to in Sec. 96. In the case of tenement factories, the owner may, by Order of the Secretary of State, be substituted for the occupier for the purpose of the require- ments of this section (Sec. 87 (3)). For the definition of cotton cloth factory, see See. 90. 95. If in the case of any cotton cloth factory there is Penalties a contravention of or non-compliance with any of the fore- compliance. going provisions with regard to cotton cloth factories, the inspector shall give notice in writing to the occupier of the factory of the acts or omissions constituting the contra- vention or non-compliance, and if those acts or omissions, or any of them, are continued or not remedied, or are repeated within twelve months after the notice has been given, the occupier of the factory shall be liable, for the first offence to a fine not less than five pounds and not exceeding ten pounds, and for every subsequent offence to a fine not less than ten pounds and not exceeding twenty pounds. The general power given to a Court of summary jurisdiction by Sec. 4 of the Summary Jurisdiction Act, 1879, to reduce the pre- scribed amount of a fine, where such fine is imposed ia respect of a first offence, does not empower it to reduce the minimum fine of £5 imposed for a first offence under this section (Osborn v. Wood [1897] 1 Q. B. 197). As to tenement factories, see Sec. 87 (3), (4). 96. The foregoing provisions of this Act (a) with Application respect to cotton cloth factories shall apply to every textile provision™^ factory (b) in which atmospheric humidity is artificially to other produced by steaming or other mechanical appliances, factories. and in which regulations under Part IV. of this Act (c) with respect to humidity are not for the time being in force, but subject to the following qualifications, namely : — (a) The Secretary of State may by Special Order modify the provisions of the Fourth Schedule to this Act with respect to the maximum limits of humidity ((i). (b) The reading of the thermometer between seven and eight o'clock in the forenoon shall not be required ; and F.A. 8 114 FACTOKY AND W0EK8H0P ACT, 1901. [SEC. 96. (c) Section ninety-four respecting regulations for the protection of health in cotton cloth factories shall not apply ; and (d) The regulations in section ninety-two distinguished as (b), (c), (d), and (e) which are required to be observed with reference to the employment of ther- mometers shall not apply to cotton spinning mills. (a) Sees. 90 to 95. (h) For definition of textile factory, see Sec. 149 (1). (c) Sees. 79 to 86. {d) By an Order dated the 24th December, 1898, the Secretary of State directed that so far as relates to factories in which the spinning of merino, cashmere, or wool by the "French" or "dry" process is carried on, Sched. A. of the Cotton Cloth Factories Act, 1889 (52 & 53 Vict. c. 62), should be modified so as to read as follows : — Schedule of the Maximoti Limits op Htmiditt of Atmosphere to be observed at grven temperatures in factories in WHICH THE Spinning of Merino, Cashmere, or Wool by the "French" or "Dry" Process is carried on. I. Grains of Vapour per Cubic Foot of Air. II. Dry Bulb Thermometer Readings. Degrees Fahrenheit. III. Wet Bulb Thermometer Readings. Degrees Fahrenheit. IV. Percentage of Humidity. (Saturation=100.) 1-9 35 33 80 2-0 36 34 82 2-1 37 35 83 2-2 38 36 83 2-3 39 37 84 2-4 40 38 84 2-5 41 39 84 2-6 42 40 85 2-7 43 41 84 2-8 44 42 84 2-9 45 43 85 3-1 46 44 86 3-2 47 45 86 3-3 48 46 86 3-4 49 47 86 3-5 50 48 86 3-6 51 49 . 86 3-8 52 50 86 3-9 53 51 86 4-1 54 52 86 4-2 55 53 87 4-4 56 54 87 4-5 57 55 87 SEC. 96.] HUMID FACTORIES. Schedule — continued. 115 II. III. I. Dry Bulb Wet Bulb IV. Grains of Thermometer Thermometer Percentage of Vapour per Cubic Foot of Air. Readings. Readings. Humidity. Degrees Fahrenheit. Degrees Fahrenheit. (Sataration=100.) 4-7 58 56 87 4-9 59 57 88 5-1 60 58 88 5-2 61 59 88 5-4 62 60 88 3-6 63 61 88 5-8 64 62 88 6-0 65 63 88 6-2 66 64 88 6-4 67 65 88 6-6 68 66 88 6-9 69 67 88 . 7-1 70 68 88 7-3 71 69 88 7-6 72 70 89 7-8 73 71 89 8-1 74 72 89 8-4 75 73 89 8-6 76 74 89 8-9 77 75 89 9-2 78 76 89 9-5 79 77 90 9-8 80 78 90 10-1 81 79 90 10-5 82 80 90 10-8 83 81 90 111 84 82 90 11-5 85 83 90 11-8 86 84 90 12-2 87 85 90 12-6 88 86 90 13-0 89 87 90 13-4 90 88 90 13-8 91 89 90 14-2 92 90 90 14-7 93 91 90 15-1 94 92 90 15-5 95 93 91 16-0 96 94 90 16-5 97 95 90 17-0 98 96 90 17-5 99 97 91 18-0 100 98 90 TMs Order was made under Sec. 31 (1) of the Factory and Work- shop Act, 1895, but remains in force as if it had been made under this section (see Sec. 161 (2)). 8—2 116 FACTO EY AND WORKSHOP ACT, 1901. [SECS. 97, 98. Sanitary regulations for bake- houses. (iii.) Bakehouses. 97. — (1.) It shall not be lawful to let or suffer to be occupied or to occupy any room or place as a bakehouse, unless the following regulations are complied with : — (a) a watercloset, earthcloset, privy, or ashpit must not be within or communicate directly with the bakehouse ; (b) Every cistern for supplying water to the bakehouse must be separate and distinct from any cistern for supplying water to a watercloset ; (c) A drain or pipe for carrying off fsecal or sewage matter must not have an opening within the bake- house. (2.) If any person lets or suffers to be occupied or occupies any room or place as a bakehouse in contra- vention of this section he shall be liable to a fine not exceeding forty shillings, and to a further fine not exceed- ing five shillings for every day during which any room or place is so occupied after a conviction under this section. "Bakehouse " is defined as any place in -whioli are baked bread, biscuits, or confectionery from the baking or selling of which a profit is derived (Sched. VI. (23) ). In retail bakehouses as defined by Sec. 102, the provisions of this and the following four sections are enforced by the local authority, and not by a factory inspector (Sec. 102), subject, however, to the right of a factory inspector to act in default of the local authority, either in pursuance of an Order of the Secretary of State under Sec. 4, or after notice to the local authority under Sec. 5 (see pp. 11 — 13, ante). A bakehouse is a factory if mechanical power is used in aid of the manufacturing process carried on there (Sec. 149 (1)). If such power is not used, it is a workshop {lb.). Penalty for bakehouse being unfit on sanitary grounds. 98. — (1.) Where a court of summary jurisdiction is satisfied on the prosecution of an inspector or a district council that any room or place used as a bakehouse is in such a state as to be on sanitary grounds unfit for use or occupation as a bakehouse, the occupier of the bake- house shall be liable to a fine not exceeding, for the first SECS. 98, 99.] BAKEHOUSES. 117 offence, forty shillings, and for any subsequent offence five pounds. (2.) The court of summary jurisdiction, in addition to or instead of inflicting a fine, may order means to be adopted by the occupier, within the time named in the order, for the purpose of removing the ground of com- plaint. The court may, on 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 the non-compliance continues. See note to Sec. 91, supra. As to the meaning of " Court of ennunary jurisdiction" in Scotland, see Sec. 159 (5), and in Ireland, Sec. 160 (8). 99. — (1.) All the inside walls of the rooms of a bake- Limewashing, house, and all the ceiling or tops of those rooms ^^hTne'of"^ (whether those walls, ceilings, or tops are plastered or bakehouses, not), and all the passages and staircases of a bakehouse, must either be painted with oil or varnished or be lime- washed, or be partly painted or varnished and partly limewashed ; and (a) Where the bakehouse is painted with oil or varnished, there must be three coats of paint or varnish, and the paint or varnish must be renewed once at least in every seven years, and must be washed with hot water and soap once at least in every six months ; and (b) Where the bakehouse is limewashed, the lime- washing must be renewed once at least in every six months. (2.) A bakehouse in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. See note to Sec. 97, ante, p. 116. For the penalty for a contra- vention of this section, see Sec. 135, 118 FACTOEY AND WOEKSHOP ACT, 1901. [SECS. 100, 101. tosSepin^ 100- — (1.) A place on the same level with a bakehouse, places near and forming part of the same building, may not be used bakehouses. 3,3 a sleeping place, unless it is constructed as follows ; that is to say (a) is effectually separated from the bakehouse by a partition extending from the floor to the ceiling; and (b) has 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. (2.) If any person lets or occupies or continues to let or knowingly suffers to be occupied any place contrary to this section he shall be liable to a fine not exceeding, for the first offence, twenty shillings, and for any subsequent offence five pounds. See note to Sec. 97, ante, p. 116. Prohibition of 101. — (1.) An underground bakehouse shall not be bakehouses, ^sed as a bakehouse unless it was so used at the passing of this Act (a). (2.) Subject to the foregoing provision, after the first day of January one thousand nine hundred and four an underground bakehouse shall not be used unless certified by the district council (6) to be suitable for that purpose (c). (3.) For the purpose of this section an underground bakehouse shall mean a bakehouse, any baking room of which is so situate that the surface of the floor is more than three feet below the surface of the footway of the adjoining street, or of the ground adjoining or nearest to the room. The expression "baking room" means any room used for baking, or for any process incidental thereto. (4.) An underground bakehouse shall not be certified as suitable unless the district council (6) is satisfied that it is suitable as regards construction, light, ventilation, and in all other respects. 54 & 55 Vict. (5.) This section shall have effect as if it were included °' ■ among the provisions relating to bakehouses which are SEC. 101.] UNDEEGEOUND BAKEHOUSES. 119 referred to in section twenty-six of the Public Health (London) Act, 1891 (d). (6.) If any place is used in contravention of this section, it shall be deemed to be a workshop not kept in conformity with this Act (e). (7.) In the event of the refusal of a certificate by the district council (&), the occupier of the bakehouse may, within twenty-one days from the refusal, by complaint apply to a court of summary jurisdiction (/), and if it appears to the satisfaction of the court that the bake- house is suitable for use as regards construction, light, ventilation, and in all other respects, the court shall thereupon grant a certificate of suitability of the bake- house, which shall have effect as if granted by the district council. (8.) Where any place has been let as a bakehouse, and the certificate required by this section cannot be obtained unless structural alterations are made, and the occupier alleges that the whole or part of the expenses of the alterations ought to be borne by the owner (^), he may by complaint apply to a court of summary jurisdic- tion (/), and that court may make such order concerning the expenses or their apportionment as appears to the court to be just and equitable, under the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the court may, at the request of the occupier, determine the lease. (a) See note to Sec. 97, ante, p. 116. In Schwerzerhof v. Wilhins [1898] 1 Q. B. 640, the defendant was convicted under Sec. 27 (3) of the Factory and Workshop Act, 1895, for using as a bakehouse a place underground which was not so used at the commencement of that Act. The place in question was fitted up as an underground bakehouse ia 1879, and was used as such down to October, 1895, when the tenant left. The premises remained vacant until February, 1896, the owner in the meantime putting them in repair and advertising them as being to let as baker's premises. In February, 1896, the defendant became tenant, and at once com- menced to use the underground portion of the premises as a bake- house. It was held by the High Court that there had been no 120 FACTORY AND WORKSHOP ACT, 1901. [SECS. 101, 102. interruption in tte use of the premiBes as a bakehouse, and that they were so used at the commencement of the Act on the 1st of January, 1896. The conviction was accordingly quashed. (6) The references to a district council in this and the following section are to be construed in the city of London as references to the Court of Common Council ; in any other part of the adminis- trative county of London, as references to the council of a metro- politan borough (Sec. 153 (4) ) ; in a county borough, as references to the council of the county borough (Sec. 1 54) ; and in Scotland, as references to the local authority under the Public Health (Scotland) Act, 1897 (Sec. 159 (2)). (c) The effect of this sub-section is that imdergroimd premises, even though lawfully used as bakehouses at the passing of this Act, may not be so used after the 1st January, 1904, except when the local authority or a Court of summary jurisdiction is satisfied that they are suitable in every respect for that purpose, and grants a certificate accordingly. (d) Sec. 26 of the Public Health (London) Act, 1891, provides as follows : — " (1.) Sections 34, 35, and 81 of the Factory and Workshop Act, 1878 and sections 15 and 16 of the Factory and Workshop Act Amendment Act, 1883 (which relate to cleanliness, ventilation, and other sanitary conditions) shall, as respects every bakehouse which is a workshop, be enforced by the sanitary authority of the district in which the bakehouse is situate ..." " (2.) For the purposes of this section the provisions of this Act with respect to the admission of the sanitary authority and their oflScers 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 faiHng to allow 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." The provisions of the Acts of 1878 and 1883 referred to are re- enacted by Sees. 97 to 100 of this Act, so that Sec. 26 of the Publio Health (London) Act, 1891, must now be read as referring to Sees. 97 to 101 of this Act. (e) For penalty, see Sec. 135. (/) As to the meaning of " Court of summary jurisdiction" in Scotland, see Sec. 159 (5) ; and in Ireland, Sec. 160 (8). ((/) For definition of " owner," see Sec. 156 (1). Enforcement 102. As refepects every retail bakehouse, the provi- retalnbale- sions of this Part of this Act (a) shall be enforced by houses by ^j^g district council (h) of the district in which the retail sanitary authorities. SECS. 102, 103.] BAKEHOUSES. 121 bakehouse is situate, and not by an inspector (c) ; and for the purposes of this section the medical officer of health of the district council (b) shall have and may exercise all the powers of entry, inspection, taking legal proceedings and otherwise of an inspector (d). In this section the expression " retail bakehouse " means any bakehouse or place, not being a factory (e), the bread, biscuits, or confectionery baked in which are sold, not wholesale, but by retail, in some shop or place occupied with the bakehouse. (a) Sees. 97 to 101. (6) See notes (6) and (d) to Sec. 101, ante, p. 120. (c) With respect to bakehouses which are factories, and whole- sale bakehouses, the provisions of the Act are enforceable by factory inspectors. A factory inspector may also take the neces- sary proceedings for enforcing the provisions of the Act, or for punishing or remed5Tng any default, in the case of retail bake- houses, if authorised by the Secretary of State (see Sec. 4), or if, after notice in writing from the inspector, proceedings are not taken by the local authority within one month (see Sec. 5). (d) As to the powers of an inspector, see Sec. 119. (c) A bakehouse is a factory if steam, water, or other mechanical power is used in aid of the manufacturing process carried on there (Sec. 149). (iv.) Laundries. 103. — (1.) In every laundry carried on by way of Application trade, or for purposes of gain, the following provisions ^imdries. shall apply (a) : — (a) The period of employment, exclusive of meal hours and absence from work, shall not exceed, for women fourteen hours, for young persons twelve hours, and for children ten hours in any consecutive twenty-four hours ; nor a total for women and young persons of sixty hours, and for children of thirty hours, in any one week, in addition to such overtime as may be allowed in the case of women (6) ; (b) a woman, young person, or child (6) must not be employed continuously (c) for more than five hours 122 FACTORY AND WOEKSHOP ACT, 1901. [sEC. 103. without an interval of at least half an hour for a meal ; (c) Women, young persons, and children {b) employed in the laundry shall have allowed to them the same holidays as are allowed to women, young persons, and children employed in a factory or workshop under this Act (d). (d) So far as regards provisions with respect to health and safety (e), accidents (/), education of children (p), notice of occupation of a factory or workshop (h), the affixing of abstracts and notices and the matters to be specified in those notices (so far as they apply to laundries) (t), powers of inspectors (J), fines, and legal proceedings for any failure to comply with the pro- visions of this section (k), this Act shall have effect as if every laundry in which steam, water, or other mechanical power (l) 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 ; (b) The notice to be affixed in the laundry shall specify the period of employment and the times for meals, but the period and times so specified may be varied before the beginning of employment on any day (m) ; (f) The provisions of this Act prohibiting the em- ployment of women within four weeks after child- birth (n), and of children under the age of twelve years (o) , shall apply to the laundry in like manner as to a factory or workshop. (2.) Women (h) employed in laundries may work overtime, subject to the following conditions, namely : — (a) a woman must not work more than fourteen hours in any day ; and (b) The overtime worked must not exceed two hours in any day ; and (c) Overtime must not be worked on more than three SEC. 103.] LAUNDRIES. 123 days in any week or more than thirty days in any year; and (d) The requirements of section sixty of this Act with respect to notices must be observed. (3.) In the case of every laundry worked by steam, water, or other mechanical power (I) — (a) a fan or other means of a proper construction must 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 (b) all stoves for heating irons must be sufficiently separated from any ironing-room, and gas irons emitting any noxious fumes must not be used ; and (c) the floors must be kept in good condition and drained in such manner as will allow the water to flow off freely. A laundry in which these provisions are contravened shall be deemed to be a factory not kept in conformity with this Act (p). (4.) Nothing in this section shall apply to any laundry in which the only persons employed are — (a) inmates of any prison, reformatory, or industrial school, or other institution for the time being subject to inspection under any Act other than this Act ; or (b) 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. {a) The effect of this section is that, subject to the exceptions mentioned in Sub-sec. (4), laundries carried on by way of trade, or for purposes of gain, are brought ■within the scope of the provisions of the Act generally, as if, where mechanical power is used in aid of the laundry process, they were factories, and where such power is not so used, they were workshops ; except that with regard to the hours of employment, overtime, and meal times, laundries are governed by the regulations contained in this section instead of those which govern factories and workshops, and the provisions of 124 FACTOEY AND WORKSHOP ACT, 1901. [SECS. 103, 104. the Act with respect to certificates of fitness for employment do not apply to laundries. ^6) For definitions of " woman," "young person," and " chUd," see Sec. 156 (1) ; and as to overtime see Sub-sec. (2) of this section. (c) For definition of " employment," see Sec. 152 ; and as to the meaning of " continuous employment," Sec. 156 (2). (d) See Sec. 35. (e) Sees. 1 to 18. (/) Sees. 19 to 22. (g) Sees. 68 to 72. Ill) Sec. 127. (i) Sees. 32 and 128. (/) Sees. 67 and 119. Ik) Sees. 135 to 147. (l) See note (c) to See. 10, ante, p. 19. (m) See Sec. 32. (n) Sec. 61. (o) Sec. 62. {p) For penalty, see Sec. 135. Application of certain provisions to docks. (v.) Docks, 104. — (1.) The provisions of this Act with respect to (a) — (i.) Power to make orders as to dangerous machines (section seventeen) ; (ii.) Accidents (b) ; (iii.) Eegulations for dangerous trades (c) ; (iv.) Powers of inspectors (section one hundred and nineteen) ; and (v.) Fines in case of death or injury (section one hundred and thirty-six) ; shall have effect as if every dock, wharf, quay, and ware- house (d), and all machinery or plant used in the process of loading or unloading or coaling any ship in any dock, harbour, or canal (e) were included in the word " factory," and the purpose for which the machinery or plant is used were a manufacturing process ; and as if the person who by himself, his agents, or workmen, uses any such machinery or plant for the before-mentioned purpose were the occupier of the premises (/) ; and for the pur- pose of the enforcement of those provisions the person SLC. 104.] DOCKS, WHARVES, QUAYS, ETC. 125 having the actual use or occupation (g) of a dock, wharf, quay, or warehouse, or of any premises within the same or forming part thereof {g) , and the person so using any such machinery or plant (/) shall be deemed to be the occupier of a factory. (2.) For the purposes of this section the expression "plant" includes any gangway or ladder used by any person employed to load or unload or coal a ship Qi), and the expressions "ship" and "harbour " have the same meaning as in the Merchant Shipping Act, 1894 (i). 57 & 58 Vict. (a) See also Sec. 11 as to steam boilers ; and Sec. 130 (2) as to the power of the Secretary of State to require tie occupier of any place to whichi any of the provisions of the Act apply, to make a return, to the Chief Inspector of Factories, of persons employed. (J) Sees. 19 to 22. (c) Sees. 79 to 86. {d) The Act does not contain any definitions of " wharf," " quay," or " warehouse." In Haddock v. Humphrey [1900] 1 Q. B. 609, a case under the Workmen's Compensation Act, 1897, it was held by the Court of Appeal (Eigby, L. J., dissenting) thatthe word "wharf" is to be construed in its ordinary popular sense as meaning a place "contiguous to water, over which goods pass in the process of loading and unloading, and which serves as a factor in their trans- ference from the water to the land ; " and that a yard, which formed part of the premises of a dock company, but which was more than 150 yards from the water's edge, and was separated from the space adjoining the water by a fence and gates, and was leased by the dock company to a particular firm for the storage of timber, was not a wharf. The term " warehouse " in its ordinary sense signifies any building or part of a building in which goods or merchandise are stored in the way of trade or commerce, and may include, not only public warehouses kept by dock companies, wharfingers or warehousemen, for the storage of goods for hire, but also private warehouses kept by merchants and manufacturers for the storage of their own goods, and possibly also warehouses attached to shops in which goods are stored for the purpose of sale by retail. (e) With regard to machinery and plant, this section is an impor- tant extension of the provisions of Sec. 23 of the Act of 1805, which applied only to machinery and plant used in the process of loading or unloading from or to any dock, wharf, quay, or warehouse. This section applies to aU machinery or plant used in the process of 126 FACTORY AND WORKSHOP ACT, 1901. [sEC. 104. loading or unloading or coaling any sHp in any dock, harbour, or canal, and does away, as from the commencement of this Act, with the effect of the decisions in JSemiessey v. McGabe [1900] 1 Q. B. 491, C. A. ; Laing v. Toimg, 1900, 3 Fraser, 31, 0. of Sess.; and Blair V. Dundalk, &c., Packet Co., 1899, 33 Ir. T. L. E. 132,0. A. Ir., which were all cases under the Workmen's Compensation Act, 1897. It was held by the Court of Session in Healy v. Macgregor, 1900, 2 Fraser, 634, and the Aberdeen Steam Trawling Co. v. Peters, 1899, 1 Fraser, 786, that the provisions of Sec. 23 of the Act of 1895 had no application to machinery on board ship ; but these cases must be considered overruled by the decision of the House of Lords in Stuart V. Nixon [1901] A. 0. 79, where it was held that machinery forming part of the apparatus of the ship which was being loaded came within the operation of the section ; and also that the process of loading was not complete until the hatchway was secured. In Medd v. Maclver, 1899, 15 T. L. R. 364, it was held by the Court of Appeal that iron gangway doors through which the cargo was taken in and discharged from a ship were not "plant" used in the process of loading or unloading ; and in Durrie v. Wmrreii, 1899, 15 T. L. E. 365, that a staging, which was fastened outside a ship and was used in the operation of screwing up the gangway doors after the completion of the loading, was not " plant " used in the process of loading or unloading. It may be contended, how- ever, that these cases are overruled by the decision bf the House of Lords in Stuart v. Nixon, supra. " Ship " includes " every description of vessel used in navigation not propelled by oars;" and "harbour" includes "harbours properly so called, whether natural or artificial, estuaiies, navigable rivers, piers, jetties, or other works in or at which ships can obtain shelter, or ship and unship goods or passengers" (Merchant Shipping Act, 1894, s. 742). (/) In Carrington v. Bannister [1901] 1 K. B. 20, a firm of coal shippers, for the purpose of unloading coal from railway trucks into a ship lying alongside a quay belonging to the railway com- pany, used machinery on the quayside. The machinery belonged to the railway company, but the workmen employed by the coal shippers had the possession and sole control of it until the job, which lasted two days, was finished. It was held by the Court of Appeal that the coal shippers were the occupiers of the machinery within the meaning of Sec. 23 of the Act of 1895. So, where stevedores loaded a ship in a dock by means of machinery on board the ship, it was held by the House of Lords that they were the occupiers of the machinery [Sttiart v. Nixon [1901] A. 0. 79 ; see also Woodham v. Atlaniic Transport Co. [1899] 1 Q. B. 15). (g) In Baine v. Jobeon [1901] A. C, 404, where a firm of ship SECS. 104, 105.] DOCKS, WHARVES, QUAYS, ETC. 127 repairers, having no dock of their own, hired a dry dock for the purpose of cleaning and repairing a ship, and were for the time heing in the exclusive occupation of such dry dock for that purpose, it was held by the House of Lords that they were the occupiers of a factory within the meaning of Sec. 23 of the Act of 1895 ; and in Merrill v. Wilson [1901] 1 K. B. 35, where a firm of shipowners, who themselves acted as stevedores for the loading and unloading of their vessels, had the use of the portion of a quay alongside which one of their ships was moored, for the purpose of unloading the ship, it was held by the Court of Appeal that, as they monopolised the use of a definable portion of the quay, they must be deemed to be the occupiers of a factory within the meaning of the section. See, however, Low v. Aiernethy, 1900, 2 Praser, 722 ; and Briice v. Henry, 1900, 2 Eraser, 717, 0. of Seas. [h) See Merrill v. Wilson [1901] 1 K. B. 35. (i) See note (e), supra. (vi.) Buildings. 105. — (1.) The provisions of this Act vsrith respect Application , , , of certain tO W provisions (i.) Power to make orders as to dangerous machines to buildings, (section seventeen) ; (ii.) Accidents (b) ; (iii.) Eegalations for dangerous trades (c) ; (iv.) Powers of inspectors (section one hundred and nineteen) ; and (v.) Fines in case of death or injury (section one hundred and thirty-six) ; shall have effect as if any premises on which machinery worked by steam, water, or other mechanical power (d) is temporarily used for the purpose of the construction of a building or any structural work in connection with a building were included in the word "factory," and the purpose for which the machinery is used were a manu- facturing process, and as if the person who, by himself, 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 provisions the person so using 128 FACTOEY AND WOEKSHOP ACT, 1901. [SEC. 105. any such machinery shall be deemed to be the occupier of a factory (e). (2.) The provisions of this Act with respect to notice of accidents (/), and the formal investigation of acci- dents ig), shall have effect as if — (a) any building which exceeds thirty feet in height (fe), and which is being constructed or repaired by means of a scaffolding (i) ; and (b) any building which exceeds thirty feet in height (h), and in which more than twenty persons, not being domestic servants, are employed for wages (j), were included in the word "factory," and, as if, in the first case, the employer of the persons engaged in the construction or repair and, in the second case, the occupier of the building, were the occupier of a factory. (a) See note (a) to Sec. 104, ante, p. 125. lb) Sees. 19 to 22. (e) Sees. 79 to 86. (d) See note (c) to Sec. 10, ante, p. 19. (e) See McNicholas v. Dawson [1899] 1 Q. B. 773. (/) Sec. 19. (g) Sec. 22. Qi) In Hoddinott v. Newton [1899] 1 Q. B. 1018, where a build- ing measured twenty-eigM feet from the ground level to the parapet, and thirty- six feet from the ground level to the ridge of the roof, the Court of Appeal held that the County Court Judge was right in including the height of the roof in the measurement in order to ascertain the height of the building for the purposes of the Workmen's Compensation Act, 1897, and that the building exceeded thirty feet in height within the meaning of that Act; and on appeal to the House of Lords the decision of the Court of Appeal was affirmed ([1901] A. C. 49). No opinion was expressed in this case as to whether the height of the building below the ground level ought to be taken into consideration. But in a Scotch case — Salstead v. Thomson, 1901, 38 So. L. E. 473 — the Court of Session has held that the basement, exclusive of the foundations, as weU as a cupola on the roof, were properly included in the measurement of a building in order to ascertain its height. It was not necessary to decide whether the foimdations also ought to be included. In Bixsom v. Pritchard [1900] 1 Q. B. 800, it was held by the SEC. 105.] BUILDINGS. 129 Court of Appeal that an internal communication between two adjoining buildings, one of whicb was less and tbe other more than thirty feet in height, did not make the smaller building part of the larger, so as to bring it within the scope of the Workmen's Com- pensation Act, even though both buildings were used for the purpose of the same business. (i) Several cases have arisen under the Workmen's Compensation Act, 189 7, as to the meaning of the words "being constructed or repaired by means of a scaSolding." In Wood V. Walsh [1899] 1 Q. B. 1009, it was held by the Court of Appeal that painting the outside of a house was not construction or repair ; that a ladder per se was not scaffolding ; and that the question whether an arrangement with a plank and a ladder was a scaffolding was a question of fact. In Maude v. Brooh [1900] 1 Q. B. 575, plastering work was being done inside a newly-ereoted house, the house having been roofed in and the external scaffolding removed ; and in order to reach the ceilings and upper parts of the walls to do the plastering, boards laid across the tops of movable trestles about four feet high were being used. The Court of Appeal held that there was evidence to justify the finding of the County Court Judge that the arrangement of boards and trestles was a scaffolding and that the building was being constructed by means of such scaffolding. In Ferguson v. Oreen [1901] 1 K. B. 25, the arbitrator appointed by the Coimty Court Judge held that a platform constructed by means of boards and trestles was not a scaffolding. On a case stated, this decision was set aside by the County Court Judge, but was restored by the Court of Appeal, Smith, M.E., being of opinion that the question whether the arrangement was a scaffolding was purely one of fact, Collins, L.J., and Stirling, L.J., that it was a mixed question of fact and law. In BoddinoU v. Newton [1899] 1 Q. B. 1018, 0. A. ; [1901] A. C. 49, H. L., the facts were shortly as follows: — A building erected for an omnibus company had been taken over and used as stables for some time when it was decided to have certain structural alterations made in order to strengthen the building and prevent vibration. For the purposes of the work, a temporary platform formed by boards resting on ledgers and trestles, the ledgers being- lashed to the iron columns of the building, was erected and used, the platform, being removed every evening to enable the horses to occupy their stalls for the night. The majority of the Court of Appeal did not dissent from the finding of the County Court Judge that the platform was a scaffolding, but the Court held that the building was not being constructed or repaired. The House of Lords reversed the decision of the Court of Appeal, and held F.A. 9 130 FACTORY AND WORKSHOP ACT, 1901. [sECS. 105, 106. (1) that tte -words "being constructed" do not refer only to the original construction of the building, but apply also to alterations of a structural nature made at a subsequent time; (2) that the words "being constructed or repaired" are not confined to the construction or repair of the bTiilding as a whole, but include also partial construction or repair; (3) that the word "scaffolding" applies to internal as well as external soafEolding, and includes an internal staging arranged with planks and trestles, and without poles ; and (4) that the question whether a staging is or is not a scafiolding is not a mere question of fact, but a mixed question of fact and law. In delivering judgment. Lord Macnaghten said (at p. 55), "Construction, repair, demolition — ^these three operations cover, I think, every varying phrase in the life of a building from its beginning to its end." In Dredge v. Conway [1901] 2 K. B. 42, in the Court of Appeal, Smith, M.B., treated the decision in Wood v. Walsh {ante), that painting was not construction or repair, as being overruled by HoddinoU v. Neiwton: " The conclusion to be arrived at" from the judgments of the House of Lords in that case "is that painting, as one of the operations to which a building is exposed, comes under the head of repair, and, if painting does, then equally whitewashing " (p. 44). In BeddA) v. Broderick [1901] 2 Ir. E. 328, the Court of Appeal in Ireland held that the word "repair" may include painting and whitewashing the interior of a building, where painting and white- washing are a portion of the work necessary to finish the building ; and that " scaffolding " includes a staging arranged by resting one end of a plank on a rung of a ladder leaning against the wall of a room, and the other end on one of the roof principals in the centre of the room. A building is " being constructed" until all the scaffolding used for the purpose of the construction has been removed (see Frid v. Femton, 1900, 82 L. T. 192). (j) For the purposes of the Act an apprentice is to be deemed to work for hire (Sec. 152 (2)). Application of certain provisions to railway sidings. 63 & 64 Vict. c. 27. (vii.) Railways. 106. — (1.) Where any line or siding not being part of a railway within the meaning of the Eailway Employment (Prevention of Accidents) Act, 1900 (a), is used in connexion with a factory or workshop, or with any place to which any of the provisions of SEC. 106.] RAILWAY SIDINGS. 131 this Act are applied (6) , the provisions of this Act with respect to (c) — (i.) Power to make orders as to dangerous machines (section seventeen) ; (ii.) Accidents (d) ; (iii.) Eegulations for dangerous trades (e) ; (iv.) Powers of inspectors (section one hundred and nineteen) ; and (v.) Fines in case of death or injury (section one hundred and thirty-six), shall have effect as if the line or siding were part of the factory or workshop. (2.) If any such line or siding is used in connexion with more than one factory or workshop belonging to different occupiers, the foregoing provisions shall have effect as if the line or siding were a separate factory. (a) The Eailway Employment (Prevention of Accidents) Act, 1900, by Sec. 16 defines " railway" as meaning "any railway used for the purpose of public traffic whether passengers, goods, or other traffic," and as including " any works of the railway company connected with the railway; " and provides as follows : — Sec. 13. — " (2.) The duty of a railway company to give notice of accidents shall apply to accidents attended with loss of life or personal injury to any person in the employment of the company on any line or siding having a junction with the railway of the railway company, but not belonging to or in the occupation of any railway company, in like manner as it applies to such accidents when occurring on the railway of the company, and the provisions relatiag to notice of such accidents shall have efEeot accordingly. "(3.) Where any line or siding is used in connection with a factory, worhshop, or mine, and is neither part of the factory, workshop, or mine, nor a railway within the meaning of this Act, the occupier of the factory or worJeshop, or the agent, occupier, or manager of the mine, shall be under the same obligation to give notice of accidents occurring on the line or siding to persons employed in the factory, worhsliop, or mine, as a railway company in the case of accidents occurring on a railway ; but the notice shall be given to the Secretary of State, and the Secretary of State shall have the same powers and duties with respect to inquiries and investigations and the appointment of an assessor to the coroner as the Board of Trade has in similar cases." 9—2 132 FACTORY AND WORKSHOP ACT, 1901. [SECS, 106, 107. Sec. 18. "Nothing in this Act shall require notice of accidents to be given in cases where such notice is required to be given under any Act relating to factories or mines, or authorise any inspection, inquiry, or investigation, to be made where an inspection, inquiry, or investigation, may be made with reference to the same matter for the same ptirpose iinder any other Act by, or by any officer of, a Government Department." So far as concerns lines and sidings used in connection with a factory or workshop, or with any place to which any of the provi- sions of this Act apply, and not belonging to any railway company whose railway is used for the purposes of public traffic, the provi- sions of Sec. 13 (2) and (3) of the EaUway Employment (Prevention of Accidents) Act, 1900, are therefore superseded by the provisions of this section, and the words in italics in Sub-sec. 3 are repealed by this Act. (5) Some of the provisions of the Act are applied to certain laundries by Sec. 103 ; to every dock, wharf, quay, and warehouse by Sec. 104; and to certain buildings and premises on which machinery worked by mechanical power is temporarily used for the construction of a building or any structural work in connection with a building, by Sec. 105. (c) See also Sec. 11 as to steam boilers. id) Sees. 19 to 22. (e) Sees. 79 to 86. List of outworkers to be kept in certain trades. Paet VI. Home Woek. 107. In the case of persons employed in such classes of work as may from time to time be specified by Special Order of the Secretary of State (a) — (1.) The occupier of every factory and workshop and every contractor employed by any such occupier in the business of the factory or workshop shall — (a) keep in the prescribed (jb) form and manner, and with the prescribed (6) particulars, lists showing the names and addresses of all persons directly employed by him, either as workmen or as contractors, in the business of the factory or workshop, outside the factory or workshop, and the places where they are employed ; and (b) send to an inspector (c) such copies of or SEC. 107.] LISTS OP OUTWORKERS. 133 extracts from those lists as the inspector may from time to time require ; and (c) send on or before the first day of February and the first day of August in each year copies of ■ those lists to the district council (d) of the district in which the factory or workshop is situate. (2.) Every district council (d) shall cause the lists received in pursuance of this section to be examined, and shall furnish the name and place of employ- ment of every outworker included in any such list whose place of employment is outside its district to the council (d) of the district in which his place of employment is. (3.) The lists kept by the occupier or contractor shall be open to inspection by any inspector under this Act, and by any officer duly authorised by the district council (d), and the copies sent to the council and the particulars furnished by one council to another shall be open to inspection by any inspector under this Act. (4.) This section shall apply to any place from which any work is given out, and to the occupier of that place, and to every contractor employed by any such occupier in connexion with the said work, as if that place were a workshop (e). (5.) In the event of a contravention of this section by the occupier of a factory, workshop, or place (/), or by a contractor, the occupier or contractor shall be liable to a fine not exceeding forty shillings, and in the ease of a second or subsequent offence, not exceeding five pounds. (a) By an Order of the Secretary of State dated March 23rd, 1898 :— The occupier of every factory or workshop (includirig any work- shop conducted on the system of not employing any child, young person, or woman therein) in the business of which persons are employed in- — The manufacture of articles of wearing apparel, * The manufacture of electro-plate, 134 FACTORY AND WORKSHOP ACT, 1901. [SEC. 107. Cabinet and furniture making and upholstery work, The manufacture of files, Pur pulling. And every contractor employed by any such occupier in the business of the factory or workshop ; and also The occupier of every place from which any work of m.aking wearing apparel for sale is given out ; and Every contractor employed by any such occupier in connection with such work, is required to keep in the form and with the particulars prescribed in the Schedule thereto, Ksts showing the names of all persons directly employed by him., either as workmen or as contractors, in the business of the said factory, workshop, or place, and the places where they are employed; and to keep every such list open to inspection by any inspector under this Act, or by any officer of a sanitary authority; and every such occupier and contractor is required to send to the inspector for the district a list of such out- workers on or before the 1st day of March and the 1st day of September in each year. The forms and particulars prescribed in the Schedule to the Order are as follows : — OUT-WOEKEES. Form for use of Occupier. PACTOEY AND WOEKSHOP ACT, 1891, Section 27. PACTOEY AND WOEKSHOP ACT, 1895, Section 42. Poem presoeibed by the Seceetaey of State foe Occupiee's List of Otjt-Woekees. Address of Paotory or Workshop or place from which work is given out Name of Occupier of Pactory or Workshop or place Business carried on Names of Persons employed hy the Occupier outside the Factory or Workshop or place from which work is given out, and places where they are employed, viz. : — A. Persons so employed as Workmen. Christian and Surname. Place where employed. SEC. 107.] LISTS OF OUTWOEKEES. B. Persons so employed as Oontraotors. 135 Christian and Surname. Place where employed. KOTE.— In order that these lists may be correct lists of persons employed at any given time, it will he necessary that the name of any person newly taken into employment should he immediately entered, and the name of any person ceasing to he employed should be immediately struck out. OUT-WOEKBES. Form for use of Oontracfor. FACTOET AND WOEK.SHOP ACT, 1891, Section 27. FACTOEY AND WOEKSHOP ACT, 1895, Section 42. Poem prescribed by the Secretaey or State for Contractor's List of Out-Workers. Address of Factory or Workshop or place from wMcli work is given out Name of Occupier of Factory or Workshop or place Business carried on Names of Persons who are employed outside the Factory or Workshop or place from which work is given out, by A.B., a Contractor, with the Occupier and places luhere they are employed, viz. : — A. Persons so employed as Workmen. Christian and Surname. Place where employed. 136 , FACTOEY AND WORKSHOP ACT, 1901. [sECS. 107, 108. 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 will be necessary that the name of any person newly taken into employment shotild be immediately entered, and the name of any person ceasing • to be employed should be immediately struck out. The above-mentioned Order, wMoli was made under Sec. 27 of the Act of 1891, and Sec. 42 of the Act of 1895, continues to have effect as if it had been made under this section (see Sec. 161 (2) ). (J) "Prescribed" means prescribed lor the time being by the Secretary of State (Sec. 156 (1) ). (c) The copies must be sent to such inspector as the Secretary of State directs (Sec. 118 (8)). (d) As to the meaning of " district council " in the application of the Act to the city and other parts of the administrative county of London, see Sec. 153 (4); to county boroughs, Sec. 154; and to Scotland, Sec. 159 (2). (e) This sub-section applies the provisions of the section to cases ■where the work is not given out from the factory or workshop, but from some other place. (/) I.e., a place from which the work is given out (see Sub-sec. (4) ). Employment 108. — (1.) If the district council (a) -within whose nnwhoiSome district is situate a place in which work is carried on for premises. the purpose of or in connexion with the business of a factory or workshop give notice in writing (6) to the occupier of the factory or workshop, or to any contractor employed by any such occupier, that that place 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 the 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 (c) to be so injurious or dangerous, he shall be liable to a fine not exceeding ten pounds. (2.) This section shall apply in the case of the occupier SECS. 108 — 110.] UNWHOLESOME PREMISES. 137 of any place from which any work is given out as if that place were a workshop. (3.) This section shall not apply except in the case of persons employed in such classes of work as the Secretary of State may specify by Special Order (d). (a) See note (d) to Sec. 107, supra. As to the power of a factory inspector to act in default of the district council, see Sees. 4 and 5. (J) As to service of the notice, see Sec. 148. (c) See Sees. 144 and 145. (d) This section is a modification and extension of the provisions of Sec. 5 of the Act of 1895, which only applied to such areas as might be specified by Order of the Secretary of State, where, by reason of the number and distribution of the population, or the conditions under which the work was carried on, there were special risks of injury or danger to the health of the persons employed and of the district; and which vested the power of enforcing the provi- sions of the section in factory inspectors. There is no Order at present in force under the section. 109. If the occupier of a factory or workshop or of any Making of place from which any work is given out, or any con- ^eanng tractor employed by any such occupier, causes or allows where there wearing apparel to be made, cleaned, or repaired, in any f|yer or' dwelling-house or building occupied therewith, whilst any smaU-pox. inmate of the dwelling-house is suffering from scarlet fever or small-pox, then, unless he proves that he was not aware of the existence of the illness in the dwelling- house, and could not reasonably have been expected to become aware of it, he shall be liable to a fine not exceeding ten pounds. 110. — (1.) If any inmate of a house is suffering from Prohibitionof an infectious disease to which this section applies (a), p^lgThere' the district council (h) of the district in which the house there is is situate may make an order forbidding any work to disease. which this section applies to be given out to any person living or working in that house, or such part thereof as may be specified in the order, and any order so made may be served (c) on the occupier of any factory or 138 FACTORY AND WORKSHOP ACT, 1901. [sEC. 110. workshop, or any other place from which work is given, out, or on the contractor employed by any such occupier. (2.) The order may be made notwithstanding that the person suffering from an infectious disease may have been removed from the house, and the order shall be made eiiher for a specified time or subject to the condi- tion that the house or part thereof liable to be infected shall be disinfected to the satisfaction of the medical officer of health (cQ, or that other reasonable precautions shall be adopted. (3.) In any case of urgency the powers conferred on the district council (b) by this section may be exercised by any two or more members of the council acting on the advice of the medical officer of health (d). (4.) If any occupier or contractor on whom an order under this section has been served contravenes the pro- visions of the order, he shall be liable to a fine not exceeding ten pounds. (5.) The infectious diseases to which this section applies are the infectious diseases required to be notified under the law for the time being in force in relation to the notification of infectious diseases (a), and the work to which this section applies is the making, cleaning, wash- ing, altering, ornamenting, finishing and repairing of wearing apparel and any work incidental thereto, and such other classes of work as may be specified by Special Order of the Secretary of State (e). (a) The infectious diseases to wkich this section applies are small-pox, cholera, diphtheria, membranous croup, erysipelas, the disease known as scarlatina or scarlet fever, and the fevers known by any of the following names : typhus, typhoid, enteric, relapsing, continued, or puerperal, with power to the local authority to extend the list with respect to any particular district (see Sub-sec. (6) of this section ; 52 & 53 Vict. c. 72 (Infectious Diseases (Notiflcation) Act, 1889), s. 6; 62 & 63 Vict. c. 8, s. 1). (i) See note (d) to Sec. 107, ante, p. 136. As to the power of a factory inspector to act in default of the district council, see Sees, 4 and 5. (c) As to service of the Order, see Sec. 148. SECS. 110, 111.] DOMESTIC FACTORIES, ETC. 139 (d) In Scotland "medical officer of health'' means the medical officer under the Public Health (Scotland) Act, 1897 (Sec. 159 (3) ), and in Ireland includes a medical superintendent ol health (Sec. 160 (5) ). (e) The provisions of this section are new, and there is, therefore, at present no Order of the Secretary of State in force under it. 111. The application of this Act to domestic fac- Application tories (a) and domestic workshops (a) shall be subject dom^tic to the following provisions (b) : — factories and (1.) The regulations with respect to the hours of em- ployment of women, young persons, and children, shall not apply to any such factory or workshop, and in lieu thereof the following regulations shall be observed therein : — (a) a young person or child (c) shall not be em- ployed (d) in the factory or workshop except during the period of employment herein-after mentioned; and (b) The period of employment for a young per- son (c) 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 (c) There shall be allowed to every young per- son (c) 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 (d) The period of employment for a child (c) on every day either shall begin at six 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 even- ing or on Saturday at four o'clock in the after- noon ; and for the purpose of the provisions of this Act respecting education such child shall 140 FACTORY AND WORKSHOP ACT, 1901. [SEC. 111. be deemed, according to- circumstances, to be employed in a morning or afternoon set (e) ; and (e) a child (c) shall not be employed (d) before •the hour of one in the afternoon in two succes- sive periods of seven days, nor after that hour in two successive periods of seven days ; and a child shall not be employed (d) on Saturday in any week before the hour of one in the after- noon if on any other day in the same week he has been employed (d) before that hour, nor after that hour if on any other day of the same week he has been employed {d) after that hour; and (f) a child (c) shall not be employed continu- ously (/) for more than five hours without an interval of at least half an hour for a meal. (2.) The requirement as to making certain entries and reports when a woman, young person, or child, is employed in pursuance of an exception, shall not apply except so far as may be prescribed from time to time by the Secretary of State (g). (3.) The provisions of this Act with respect to certifi- cates of fitness for employment shall apply to a domestic factory as if it were a workshop and not a factory {h). (4.) The following provisions shall not apply to a domestic factory or to a domestic workshop (b), namely : — (a) the provisions as to meal hours being simul- taneous, and as to prohibition of employment during meal times (i) ; (b) the provisions as to af&xing notices and abstracts, and as to specifying certain matters in notices so afSxed (j) ; (c) the provisions as to holidays (k) ; (d) the provisions as to notices of accidents (Q ; (b) the provisions as to means of ventilation, the drainage of floors, and thermometers (m) ; SECS. Ill — 113.] DOMESTIC FACTORIES, ETC. 141 (f) the provisions as to the keeping of a general register (re). (5.) The provisions of section one of this Act (relating to the sanitary condition of a factory) shall not apply to a domestic factory (o). (o) For definitions ol "domestic factory" and "domestic ■workshop," see Sec. 115. (V) See, however. Sec. 112. (c) For definitions of " young person " and " child," see Sec. 156 (1). (d) As to the meaning of employm.eat in a factory or workshop, see Sec. 152. (e) In domestic factories and domestic workshops children may only be employed either in the morning or in the afternoon. They may not be employed on the alternate day system. (/) As to the meaning of oontimious employment, see Sec. 156 (2). {g) See Sec. 60 (4). There is no Order of the Secretary of State at present in force. But see Sec. 112. Qi) Sees. 63 to 67. But see Sec. 112. (t) Sec. 33. (/) Sees. 32 and 128. {k) Sec. 35. {I) Sec. 19. (m) Sees. 6 to 8. (n) Sec. 129. (o) But a domestic factory is subject to the provisions of 2 to 5 as if it were a workshop. 113. If any manufacture, process, or description of Dangerous manual labour, which in pursuance of this Act has been f^Xmestic certified by the Secretary of State to be dangerous, is factories and carried on in a domestic factory or workshop, all the provisions of this Act shall apply, as if the place were a factory or workshop other than a domestic factory or workshop. For the processes which have been certified to be dangerous, see note to Sec. 79, ante, pp. 99, 100. 113. The Secretary of State shall give notice of the Abstracts provisions of this Act relating to domestic factories and factorierand workshops by the publication of the prescribed abstract wortshops. or otherwise as he thinks fit. 142 FACTOEY AND WORKSHOP ACT, 1901. [SECS. 114, 115. Non-applica- ii4_ — (j) rpjjg exercise in a private house or private to certain room by the family dwelling therein, or by any of them, workshops. °* nianual labour by way of trade or for purposes of gain in or incidental to any of the following handicrafts, namely — (i.) straw plaiting, or (ii.) pillow-lace making, or (iii.) glove making, shall not of itself constitute the house or room a work- shop within the meaning of this Act. When it is proved to the satisfaction of the Secretary 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 the ptovisions of this sub-section to that handicraft, he may by Special Order extend the same accordingly (a). Part Two of this Act shall apply, so far as circumstances admit, as if the Order were an Order extending an exception. (2.) The exercise in a private house or private room by the family dwelling therein, or by any of them, of manual labour for the purposes of gain in or incidental to any of the following purposes, namely, — (i.) the making of any article or of part of any article ; or (ii.) the altering, repairing, ornamenting, or finishing of any article ; or (iii.) the adapting for sale of any article, shall not of itself constitute that house or room a work- shop, where the labour is exercised at irregular intervals, and does not furnish the whole or principal means of living to the family. (a) There is no Order of the Secretary of State in force under this section. Definitions 115. The expressions "domestic factory" and fac'tOTT'^and " domestic workshop " mean a private house, room, or " domestic place which, though used as a dwelling, is by reason of the workshop." workers. SECS. 115, 116.] PIECE WOEKERS. 143 work carried on there a factory or workshop, as the case may be, within the meaning of this Act (a) , and in which neither steam, water, nor other mechanical power (b) 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. (a) See Sec. 149. (J) See note (c) to Sec. 10, ante, p. 19. Part VII. Particulars of Work and Wages. 116. — (1.) In every textile factory (a) the occupier Particulars shall, for the purpose of enabling each worker who is ^as^'^to°be paid by the piece to compute the total amount of wages given to piece payable to him in respect of his work, cause to be pub- lished particulars of 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) In the case of weavers in the worsted and woollen, other than the hosiery, trades, the particulars of the rate of wages applicable to the work done by each weaver, shall be furnished 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 : (b) In the case of weavers in the cotton trade, the particulars of the rate of wages applicable to the work to be done by each weaver shall be furnished to him in writing at the time when the work is given out to him, and the basis and conditions by which the prices are regulated and fixed shall also be exhibited in each room on a placard not contain- ing any other matter, and posted in a position where it is easily legible : 144 FACTOEY AND WORKSHOP ACT, 1901. [SEO. 116. (c) In the case of every other worker, the particulars of the rate of wages applicable to the work to be done by each worker 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 bn a placard not containing any other matter, and posted in a position where it is easily legible : (d) 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 automatic indicator) be furnished to him in writing at the time when the work is given out to him : (b) The particulars either as to rate of wages or as to work shall not be expressed by means of symbols : (f) Where an automatic indicator is used for ascer- taining work, the indicator shall have marked on 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 : (g) 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 of an agreement between employers and workmen, and in conformity with the requirements of this section, the exhibition thereof shall be a sufficient compliance with this section. (2.) If the occupier fails to comply with the require- ments of this section, or fraudulently uses a false indicator for ascertaining the particulars or amount of SEC. 116.] PIECE WORKERS. 145 any work paid for by the piece, or if any workman fraudulently alters an automatic indicator, the occupier or workman, as the case may be, shall be liable for each offence to a fine not exceeding ten pounds, and in the 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 requirements of this section. (3.) If anyone engaged as a worker in a factory, having received any such particulars, whether they are furnished directly to him or to a fellow workman, discloses the particulars 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 a factory to disclose any such particulars, or with that object pays or rewards any such person, or causes any such person to be paid or rewarded for dis- closing any such particulars, he shall be liable to a fine not exceeding ten pounds. (5.) 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 Special Order, apply the provisions of this section to any such class, subject to such modifications as may in his opinion be necessary for adapting those provisions to the circum- stances of the case (b). He may also by any such Order apply those provisions, subject to such modifications as may, in his opinion, be necessary for adapting them to the circumstances of the case, to any class of persons of whom lists may be required to be kept under the pro- visions of this Act relating to outworkers, and to the employers of those persons (c). (a) For definition of textile factory, see Sec. 149 (1). (i) The foUowing Orders, made by the Secretary of State under F.A. 10 146 FACTORY AND WORKSHOP ACT, 1901. [SEC. 116. Sec. 40 of the Act of 1895, oontmue to have effect as if they had been made in pursuance of this section : — An Order dated the 22nd April, 1897, applying the provisions of the said Sec. 40 of the Act of 1895, subject to modifications, to factories and workshops in which is carried on the making of — Handkerchiefs, Aprons, Pinafores, Blouses. The said section to be modified so as to read as f oUows : — (1.) The occupier shall for the purpose of enabling each worker who is paid by the piece to compute the total amount of wages pay- able to him in respect of his work, cause to be published particulars of the rate of wages applicable to the work to be done, as follows : — (a) The particulars of the rate of wages applicable to the work to be done by each worker, shall either be furnished to hiTn in writing at the time when the work is given out to him, or shall be exhibited in the room, in which he is employed on a placard not containing any other matter than the particulars of the rates of wages of persons employed in that room, and posted in a position where it is easily legible by aU persons affected thereby. (b) Such particulars shall not be expressed by means of symbols. (2.) If the occupier faUs to comply with the requirements of this section, he shall be liable for each offence to a fine of not more than ten pounds, and, in the case of a second or subsequent conviction within two years from, the last conviction for that offence, not less than one pound. (3.) If anyone engaged as a worker in any of the aforesaid fac- tories or workshops, having received such particulars, whether they are furnished directly to biTn or to a fellow workman, discloses the particulars 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 to disclose such particulars, or with that object pays or rewards any such person, or causes any person to be paid or rewarded for so disclosing such particulars, he shall be liable to a fine not exceeding ten pounds. An Order dated the 10th August, 1897, applying the provisions of the said section, subject to modifications, to the classes of factories and workshops in which is carried on the making of — Iron and steel cables and chains. Iron and steel anchors and grapnels. SEC. 116.] PIECE WOEKEES. 147 The said section to be modified so as to read as follows : — (1.) The occupier shall for the purpose of enabling each worker who is paid by the piece to compute the total amount of wages pay- able to him in respect of his work, cause to be published particulars of 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 foUows : — (a) He shall furnish each worker with particulars of the rate of wages applicable to the work done by him, either (i.) by handing him a written or printed statement of such particulars when the work is given out to him ; or (ii.) by supplying him with such particulars in print or in writing at the time of his employment, and on every subsequent occasion when the rates are fixed or altered ; or (iii.) by exhibiting such particulars in the factory or work- shop on a placard containing no other matter than the rates of wages applicable to the work done in the factory or workshop, and posted in a position where it is easily legible. (b) Such particulars of the work to be done or which has been done by each worker as affect the amount of wages payable to biTTi shall be furnished to him in writing, either at the time when the work is given out to him or when it is brought in by him. If he is required to return such written particulars to the occupier or to any other person, a copy thereof shall be furnished to him, which he may retain for his own use. (c) The particulars, either as to rate of wages or as to work, shall not be expressed by means of symbols. (2.) If the occupier fails to comply with the requirements of this section, he shall be liable for each offence to a fine of not more than ten pounds, and, in the case of a second or subsequent conviction within two years from the last conviction for that offence, not less than one pound. (3.) If anyone engaged as a worker in any of the aforesaid fac- tories or workshops, having received such particulars, whether they are furnished directly to him or to a fellow workman, discloses the particulars 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 to disclose such particulars, or with that object pays or rewards any such person, or causes any person to be paid or rewarded for so dis- closing such particulars, he shall be liable to a fine :^ot exceeding ten poxinds. An Order dated the 20th August, 1897, applying the provisions 10—2 148 FACTORY AND WORKSHOP ACT, 1901. [SEC. 116. of the said section, with, modifications, to the classes of factories and workshops in which is carried on the making of — Locks, Latches, Keys. The said section to be modified so as to read as follows : — (1.) The occupier shall for the purpose of enabling each worker who is paid by the piece to compute the total amount of wages payable to him in respect of his work, cause to be published particulars of the rate of wages applioable to the work to be done, as follows : — (a) The particulars of the rate of wages applicable to the work to be done by each worker, shall either be furnished to him in writing at the time when the work is given out to him, or shall be exhibited in the room in which he is employed on a placard not containing any other matter than the particulars of the rates of wages of 'persons employed in that room, and posted in a position where it is easily legible by all persons affected thereby. (b) Such particulars shall not be expressed by means of symbols. (2.) If the occupier fails to comply with the requirements of this section, he shall be liable for each offence to a fine of not more than ten pounds, and, in the case of a second or subsequent conviction within two years from the last conviction for that offence, not less than one pound. (3.) If anyone engaged as a worker in any of the aforesaid factories or workshops, having received such particulars, whether they are furnished directly to him or to a fellow workman, discloses the particulars 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 to disclose such particulars, or with that object pays or rewards any such person, or causes any person to be paid or rewarded for so disclosing such particulars, he shall be liable to a fine not exceeding ten pounds. An Order dated the 30th November, 1897, extending the provi- sions of the said section, subject to modifications, to the classes of factories and workshops in which is carried on the making of — Pelt hats. The said section to be modified so as to read as follows : — (1.) The occupier shall for the purpose of enabling each worker who is paid by the piece to compute the total amount of wages payable to him in respect of his work, cause to be published par- ticulars of the rate of wages applicable to the work to be done, and SEC. 116.J PIECE WOEKEES. 149 also particulars of the work to which that rate is to be applied, as follows : — (a) He shall furnish every worker with particulars of the rate of wages applicable to the work done by him, either (i.) by handing him a written or printed statement of such particulars when the work is given out to him ; or (ii.) by exhibiting such particulars in the factory or work- shop on a placard containing no other matter than the rates of wages applicable to the work done in the factory or workshop, and posted in a position where it is easily legible. (b) Such particulars of the work to be done by each worker as affect the amount of wages payable to him shall be furnished to Tiini in writing at the time when the work is given out to him. (2.) If the occupier fails to comply with the requirements of this section, he shall be Hable for each offence to a fine of not more than ten pounds, and, in the case of a second or subsequent conviction wilhin two years from the last conviction for that oflence, not less than one pound. (3.) If anyone engaged as a worker in any of the aforesaid factories or workshops, having received such particulars whether they are furnished directly to him or to a f eUow 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 to disclose such particulars, or with that object pays or rewards any such person, or causes any person to be paid or rewarded for so dis- closing such particulars, he shall be liable to a fine not exceeding ten pounds. An Order dated the 6th August, 1898, applying the provisions of the said section, with modifications, to the classes of factories or workshops in which Wholesale tailoring is carried on. The said section to be modified so as to read as f oUows : — (1.) The occupier shall for the purpose of enabling each worker who is paid by the piece to compute the total amount of wages payable to him in respect of his work, cause to be published par- ticulars of the rate of wages applicable to the work to be done, and also pap:ticulars of the work to which that rate is to be appHed, as follows : — (a) He shall furnish every worker with particulars of the rate of wages applicable to the work done by him, either "150 FACTORY AND WORKSHOP ACT, 1901. [sEC. 116. (i ) by handing him a -written or printed statement of such particulars when the work is given out to him ; or (ii.) by exhibiting suoh|particulars in the factory or work- shop on a placard containing no other matter than the rates of wages appUoable to the work done in the factory or workshop, and posted in a position where it is easily legible. (b) Such particulars of the work to be done by each worker as affect the amount of wages payable to him shall be furnished to him in writing at the time when the work is given out to him. (c) The particulars, either as to rate of wages or as to work, shall not be expressed by means of symbols. (2.) If the occupier faUs to comply with the requirements of this section, he shall be liable for each offence to a fine of not more than ten pounds, and, in the case of a second or subsequent conviction within two years from the last conviction for that offence, not less than one pound. (3.) If anyone engaged as a worker in any of the aforesaid factories or workshops, having received such particulars whether they are furnished directly to him or to a fellow workman, discloses the particulars 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 to disclose such particulars, or with that object pays or rewards any such person, or causes any person to be paid or rewarded for so disclosing such particulars, he shall be liable to a fine not exceeding ten pounds. The foregoing provisions shall not apply to any work carried on in the factories and workshops mentioned in this Order other than wholesale tailoring. An Order dated the 2nd September, 1898, applying the provisions of the said section, without modification, to the class of workshops in which is carried on the preparing, manufacturing, or finishing, or any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, tow, china grass, cocoanut fibre, or other like material, either separately or mixed together, or mixed with any other material or any fabric made thereof: Provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works, and hat works shall not be included. An Order dated July 12th, 1900, applying the provisions of the said section, subject to modifications, to the classes of factories and workshops in which is carried on the making of — Pens. SECS. 116, 117.] PIECE "WOEKEES. 151 The said section to be modified bo as to read as follows : — (1.) The occupier shall for the purpose of enabling each worker who is paid by the piece to compute the total amount of wages payable to him in respect of his work, cause to be published particulars of 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) He shall furnish every worker with particulars of the rate of wages applicable to the work to be done either (i.) by handing him a written or printed statement of such particulars when the work is given out to him ; or (ii.) by exhibiting such particulars in the factory or work- shop on a placard containing no other matter than the rates of wages applicable to the work done in the factory or workshop, and posted in a position where it is easily legible. (b) Such particulars of the work to be done as aflect the amount of wages payable to each worker shall be furnished to bim in writing at the time when the work is given out to him. (c) The particulars, either as to rate of wages or as to work, shall not be expressed by means of symbols. (2.) If the occupier fails to comply with the requirements of this section, he shall be liable for each oflence to a fine of not more than ten pounds, and, in the case of a second or subsequent conviction within, two years from the last conviction for that offence, not less than one pound. (3.) If anyone engaged as a worker in any of the aforesaid factories or workshops, having received such particulars whether they are furnished directly to him or to a fellow workman, discloses the particulars for the piu'pose of divulging a trade secret, he shall be liable to a fine not exceeding ten poiinds. (4.) If anyone for the purpose of obtaining knowledge of or divulging a trade secret, solicits or procures a person so engaged to disclose such particulars, or with that object pays or rewards any such person, or causes any person to be paid or rewarded for so disclosing such particulars, he shall be liable to a fine not exceeding ten pounds. The provisions of this section do not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 167). (c) See Sec. 107. Inspection of 117. Every Act for the time being in force relating weights and to weights and measures shall extend to weights, in ascertain- ing wages. 152 FACTORY AND WOEKSHOP ACT, 1901. [SECS. 117, 118. measures, scales, balances, steelyards, and weighing machines used in a factory or workshop in cheeking or ascertaining the wages of any person employed therein, in like manner as if they were used in the sale of goods, and as if the factory or workshop were a place where goods are kept for sale, and every 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, steelyards, and weighing machines accordingly, and for that pur- pose shall have the same powers and duties as he has in relation to weights, measures, scales, balances, steelyards, and weighing machines, used in the sale of goods. See tie Weights and Measures Acts, 1878, 1889, 1892, 1893, and 1897. This section does not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157). Appointment and duties of inspectors and clerks and servants. Past VIII. Administration. (i.) Inspection. 118. — (1.) The Secretary of State, with the approval of the Treasury as to numbers and salaries, may appoint such inspectors (under whatever title he may from time to time fix) and such clerks and servants as he thinks necessary for the execution of this Act, and may assign to them their duties and award them their salaries, and may appoint a chief 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. (2.) In the appointment of inspectors of factories in Wales and Monmouthshire, among candidates otherwise SECS. 118, 119.] APPOINTMENT OF INSPECTORS. 153 equally qualified, persons having a knowledge of the Welsh language shall be preferred. (3.) Notice of the appointment of every inspector shall be published in the London Gazette. (4.) The salaries of the inspectors, clerks, and servants, and the expenses incurred by them or by the Secretary of State in the execution of this Act, shall be paid out of moneys provided by Parliament. (6.) A person who is the occupier of a factory or work- shop, or is directly or indirectly interested thereiii or in any process or business carried on therein, or in a patent connected therewith, or is employed in or about a factory or workshop, shall not act as an inspector. (6.) An inspector shall not be liable to serve in any parochial or municipal office. (7.) Such annual report of the proceedings of the inspectors as the Secretary of State directs shall be laid before both Houses of Parliament. (8.) 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 docu- ment required by this Act to be sent to an inspector shall be sent to such inspector as a Secretary of State directs, by declaration published in the London Gazette or otherwise as he thinks expedient for making the same known to all persons interested. 119. — (1.) An inspector shall, for the purpose of the Powers of execution of this Act, have power to do all or any of the '°^P^*o™- following things; namely, — (a) To enter, inspect, and examine at all reasonable times, by day and night, a factory and a workshop {a), and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day (6) any place which he has reasonable cause to believe to be a factory or workshop (a) ; and (b) To take with him in either case a constable into a 154 FACTORY AND WORKSHOP ACT, 1901. [SEC. 119. factory or workshop in which he has reasonable cause to apprehend any serious obstruction in the execution of his duty (a) ; and (o) To require the production of the registers, certifi- cates, notices, and documents kept in pursuance of this Act, and to inspect, examine, and copy the same ; and (d) To make such examination and inquiry as may be necessary to ascertain whether the enactments for the time being in force relating to public health (c) and the enactments of this Act are complied with, so far as respects the factory or workshop (a) and the persons employed therein ; and (b) To enter any school in which he has reasonable cause to believe that children employed in a factory or workshop (a) are for the time being educated; and (f) To examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a factory or workshop (a), or such a school as aforesaid, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory or workshop, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined ; and (g) To exercise such other powers as may be necessary for carrying this Act into effect (d). (2.) 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, exami- nation, inquiry, or the exercise of his powers under this Act in relation to that factory or workshop (a). (3.) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section, or to produce any certificate or document which he is required by or in pursuance of this Act to SEC. 11 9. J POWERS OP INSPECTORS. 155 produce, or conceals or prevents, or attempts to conceal or prevent a woman, young person, or child, from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act : Provided that no one shall be required under this section to answer any question or to give any evidence tending to crimiaate himself. (4.) Where an inspector is obstructed in the execution 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 work- shop (a), other than a domestic factory (e) or a domestic workshop (e), the occupier of that factory or workshop shall be liable to a fine not exceeding five, or where the offence is committed at night (/) twenty, pounds ; and where an inspector is so obstructed in a domestic factory or a domestic workshop (e), the occupier shall be liable to a fine not exceeding one pound, or where the offence is committed at night (/) five pounds ; and in the case of a second or subsequent conviction under this section in relation to a factory (a) within two years from the last conviction for the same offence, a fine not less than one pound shall be imposed for each offence. (a) The powers of an inspector under this section extend to docks, ■wharves, quays, and warehouses, and aU machinery or plant uaed in the process of loading or unloading or coaling any ship in any dock, harbour, or canal (Sec. 104) ; to 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 (Sec. 105) ; and to certain railway lines and sidings (see Sec. 106). (J) I.e., between 6 a.m. and 9 p.m. (Sec. 156 (1) ). (c) See Sec. 5 as to the power of an inspector to enforce the provisions of the enactments relating to public health in default of the local authority. {d) Eor further powers of inspectors under this Act, see Sees. 64 (9), 67, 74, 120, and 122. It is also the duty of factory inspectors to enforce the provisions of the Truck Acts, 1831 to 1896, with respect to factories, workshops, laundries, and places from which 156 FACTOEY AND WORKSHOP ACT, 1901. [SECS. 119 — 122. Eight of inspector to conduct pro- ceedings before magistrates. Certificate of appointment of inspector. work is given out by the occupier of a factory or worksliop, or by a contractor or sub-contractor (see Appendix B. ; Sec. 13 of the Truck Amendment Act, 1887, and Sec. 10 of the Truck Act, 1896) ; and to enforce the observance by employers of children in factories and workshops, of the provisions of the Elementary Education Acts respecting the employment of children (see Appendix 0. ; Sec. 7 of the Elementary Education Act, 1876. See also Sec. 3 (2) of the Prevention of Cruelty to Children Act, 1894 (AppendixB.)). With regard to quarries, any part whereof is more than twenty feet deep, the powers of inspectors under this Act are transferred by Sec. 3 (a) of the Quarries Act, 1894 (57 & 68 Vict. c. 42), to inspectors imder the Metalliferous Mines Regulation Acts, 1872 and 1875. (e) Por definitions of domestic factory and domestic workshop, see Sec. 115. (/) "Night" means the period between 9 p.m. and 6 a.m. 120. An inspector, if so authorised in writing under the hand of the Secretary of State, may, although he is not a counsel, or solicitor, or law agent, prosecute, con- duct, or defend, before a court of summary jurisdiction or justice, any information, complaint, or other proceed- ing arising under this Act, or in the discharge of his duty as inspector. 121. Every inspector shall be furnished with the pre- scribed certificate of his appointment, and on applying for admission to a factory or workshop shall, if so required, produce the said certificate to the occupier. Appointment and duties of certifying surgeons. (ii.) Certifying Surgeons. 122. — (1.) Subject to such regulations as may be made by the Secretary of State, an inspector may appoint a sufficient number of duly registered medical practitioners to be certifying surgeons for the purposes of this Act, and may revoke any such appointment. (2.) Every appointment and revocation of appointment of a certifying surgeon may be annulled by the Secretary of State upon appeal to him for that purpose. (3.) A surgeon who is the occupier of a factory or workshop, or is directly or indirectly interested therein, SECS. 122 — 124.] CERTIFYING SURGEONS. 157 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. (4.) The Secretary of State may 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. (5.) Every certifying surgeon shall, if so directed by the Secretary of State, make any special inquiry and re-examine any young person or child. (6.) Every certifying surgeon shall in each year make at the 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. As to the duties of certifying surgeons with, respect to the granting of certificates of fitness for employment of young persons and children, and certificates of capacity for work, see Sees. 63 to 67 ; and as to their duties with respect to the investigation of accidents, see Sec. 20. 123. Where there is no certifying surgeon for a factory When poor or workshop, the poor law medical officer for the district oXcer^is^to in which the factory or workshop is situate shall act for ?"' ^ certify- the time being as the certifying surgeon for that factory or workshop. In Scotland "poor law medical officer" means the medical officer appointed by the parish council (Sec. 159 (4) ) ; and in Ireland includes the medical officer of a dispensary district (Sec. 160 (6)). 124. — (1.) The fees to be paid to a certifying surgeon Fees of in respect of the examination of, and grant of certificates surseoS^ of fitness for employment for, young persons and children (a), shall be regulated as follows: — (a) The occupier of the factory (6) may agree with the certifying surgeon as to the amount of the fees : (b) In the absence of agreement the fees shall be in accordance with the scale set forth in Part I. of the Fifth Schedule to this Act, or with such scale as may be substituted therefor by the Secretary of State ; 158 FACTORY AND WORKSHOP ACT, 1901. [SECS. 124, 125. (o) 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 ; (2.) The fees to be paid to a certifying surgeon in cases where, in pursuance of a direction of the Secretary of State or of regulations made under this Act, he is required to examine the persons employed in a factory or workshop, shall be in accordance with the scale set forth in Part II. of the Fifth Schedule to this Act, or with such scale as may be substituted therefor by the Secretary of State. Such fees shall, where the examination is in pursuance of a direction of the Secretary of State, be paid by the Secretary of State, and where the examina- tion is in pursuance of regulations be paid by the occupier of the factory or workshop. (3.) The fee to be paid to a certifying surgeon for the investigation of an accident in pursuance of this Act (c) shall be such sum, not more than ten nor less than three shillings, as the Secretary of State may prescribe, and shall be paid by the Secretary of State as expenses incurred in the execution of this Act. (a) See Sees. 63—67. (V) Or worksliop : see Sees. 65 to 67. (c) See Sec. 20. Powers'of local autho- rities and their officers. (iii.) Local Authorities. 125. For the purpose of their duties with respect to workshops and workplaces under this Act (a), and under the law relating to public health (a), the district council (&) and their officers shall, without prejudice to their other powers, have all such powers of entry, inspec- tion, taking legal proceedings, or otherwise, as an inspector under this Act (c). (a) See Sees. 2, 3, 7 to 9, 97 to 102, 108, and 110. As to work- shops belonging to or in the occupation of the Ciovm, seeSec.l50(3). (I) As to the meaning of " district coimoil " in the application of SECS. 125 — 127.] SPECIAL OEDEES. 159 the Act to London, see See. 153 ; to county boroughs, Sec. 154 ; and to Scotland, Sec. 159 (2). (c) See Sees. 119 and 120. (iv.) Special Orders. 126. The following provisions shall apply to such Proviaionsas Orders made by the Secretary of State in pursuance of orderTof this Act as are in this Act referred to as Special Orders : — Secretary of (1.) The Order shall be under the hand of the Secre- tary of State and shall be published in such manner as the Secretary of State thinks best adapted for the information of all persons concerned, and shall come into operation at the date of its publication, or at any later date mentioned in the Order : (2.) The Order may be temporary or permanent, con- ditional or unconditional, and whether granting or extending an exception or prohibition, or directing the adoption of any special means or provision, 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 Order has been so laid before that House, resolves that the Order ought to be annulled, it shall after the date of that resolution be of no effect, without prejudice to the validity of anything done in the meantime under the Order or to the making of a new Order : (4.) The Order, whilst it is in force, shall, so far as is consistent with the tenor thereof, apply as if it formed part of the enactment which provides for the making of the Order. (v.) Notices, Registers, and Returns. 127. — (1.) Every person shall, within one month after Notice of he begins to occupy a factory or workshop (a), serve on factoy ot*^ ° the inspector for the district a written notice (6) contain- workshop, ing the name of the factory or workshop, the place where 160 FACTORY AND WORKSHOP ACT, 1901. [SECS. 127, 128. it is situate, 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 person or firm under which the business of the factory or workshop is to be carried on. (2.) In the event of a contravention of this section by the occupier of a factory or workshop (a), he shall be liable to a fine not exceeding five pounds. (3.) Where an inspector receives notice in pursuance of this section with respect to a workshop, he shall forthwith forward the notice to the district council (c) of the district in which the workshop is situate. (a) Including a domestic factory or domestic workshop. (6) The notice may be sent by post (Sec. 148). (c) As to the meaning of " district council " as applied to London, see Sec. 153; to county boroughs, Sec. 154; and to Scotland, Sec. 159 (2). Affixing of 128. — (1.) There shall be af&xed at the entrance of notice?*"^ every factory and workshop (a), and in such other parts thereof as an inspector for the time being directs, and be constantly kept so affixed in the prescribed (6) form and in such position as to be easily read by the persons employed in the factory or workshop — (a) The prescribed (b) abstract of this Act ; and (b) a notice of the name and address of the prescribed inspector (c) ; and (c) A notice of the name and address of the certifying surgeon for the district (d) ; and (d) a notice of the clock (if any) by which the period of employment and times for meals in the factory or workshop are regulated («) ; and (e) Every notice and document required by this Act to be affixed in the factory or workshop (/). (2.) In the event of a contravention of this section in a factory or workshop (a), the occupier (g) of the factory or workshop shall be liable to a fine not exceeding forty shillings. SECS. 128, 129.] ABSTRACTS AND NOTICES. 161 (o) This and the following section do not apply to worksliops conducted on the system of not employing any woman, young person, or child therein (Sec. 157), nor to domestic factories or domestic workshops as defined by Sec. 115 (Sec. Ill (4) b, f). (6) "Prescribed" means prescribed for the time being by the Secretary of State (Sec. 156 (1) ). (c) See Sec. 118 (8). (d) See Sees. 122 and 123. (e) See Sec. 32 (4). (/) For list of these notices and documents, see Appendix D. Notices affixed in pursuance of a repealed enactment are, so far as they are in accordance with the provisions of this Act, deemed to have been affixed in pursuance of this Act (Sec. 161 (1) ). (g) In tenement factories, the owner, instead of the occupier, is liable for the observance, and punishable for the non-observance of the provisions of this section (Sec. 87 (1) v). 129. — (1.) In every factory and workshop (a) there General shall be kept a register, called the general register, ^^^^^ ^^^' showing in the prescribed (6) form the prescribed (b) particulars as to — (a) the children and young persons employed in the factory or workshop ; and (b) the lime-washing of the factory or workshop ; and (c) every accident occurring in the factory or work- shop of which notice is required to be sent to an inspector (c) ; and (d) every special exception of which the occupier of the factory or workshop avails himself (d) ; and (b) such other matters as may be prescribed (b). (2.) Where any entry is required by this Act to be made in the general register, the entry made by the occupier of a factory or workshop or on his behalf shall, as against him, be admissible as prima facie evidence of the facts therein stated, and the failure to make any entry so required with respect to the observance of any provision of this Act shall be admissible as prima, facie evidence that that provision has not been observed. (3.) The register shall at all reasonable times be open to inspection by the certifying surgeon of the district (e). (4.) The occupier of a factory or workshop shall send F.A. 11 162 FACTORY AND WORKSHOP ACT, 1901. [SECS. 129, 130, Periodical return of persons employed. to an inspector (/) such extracts from the general register as the inspector from time to time requires for the execution of his duties under this Act. (5.) If in any factory or workshop any requirement of this section is not compHed with, the occupier shall be liable to a fine not exceeding five pounds. (a) See note (a) to Sec. 128, ante, p. 161. (J) "Prescribed" means prescribed for the time being by the Secretary of State (Sec. 156 (1)). Registers kept in pursuance of any enactment repealed by this Act are, unless otherwise directed by the Secretary of State, deemed to be the registers required by this Act (Sec. 161 (4) ). (c) See Sec. 19. (d) For special exceptions, see Sees. 36 to 57. (e) See Sees. 122 and 123. (/) The extracts must be sent to such inspector as the Secretary of State, by declaration published in the London Gazette or otherwise, directs (Sec. 118 (8) ). 130. — (1.) The occupier of every factory or work- shop shall, on or before such days as the Secretary of State may direct, at intervals of not less than one nor more than three years, send to the Chief Inspector of Factories a correct return specifying, with respect to such day or days, or such period as the Secretary of State may direct, the number of persons employed in the factory or workshop, with such particulars as to the age, sex, and occupation, of the persons employed as the Secretary of State may direct, and in default of complying with this section shall be liable to a fine not exceeding ten pounds. (2.) The occupier of any place to which any of the provisions of this Act apply (b) shall, if so required by the Secretary of State, make to the Chief Inspector of Factories a like return as is required to be made by this section, and shall be liable to a like fine for default in compliance with the requirement. (a) Sub-sec. (1) of this section does not apply to workshops conducted on the system of not employing any woman, young person, or child therein (Sec. 157). SECS. 130 — 134. J EEPOETS AND NOTICES. 163 (J) Some of tlie provisions of the Act are applied to laundries by Sec. 103 ; to docks, wharves, quays and -warehouses by Sec. 104 ; to certain buildings by Sec. 105 ; and to certain railway lines and sidings by Sec. 106 ; and to places from which work is given out in connection with the business of a factory or workshop, by Sees. 107 to 110. 131. Every district council shall keep a register of Begisters of all workshops situate within their district. '"°^ °^'' As to the meaning of " district council" in the application of the Act to the city and other parts of the administrative county of London, see Sec. 153 (4) ; to county boroughs, Sec. 154 ; and to Scotland, Sec. 159 (2). 132. The medical officer of health of every district Report of council shall, in his annual report to them, report officer of specifically on the administration of this Act in work- i^faithon shops and workplaces, and he shall send a copy of his tion of Act. annual report, or so much of it as deals with this subject, to the Secretary of State. See note to Sec. 131, supra. In the application of the Act to Scotland "medical officer of health" means the medical officer under the Public Health (Scotland) Act, 1897 (Sec. 159 (3) ) ; and in Ireland, includes a medical superintendent of health (Sec. 160 (5) ). Miscellaneous Provisions. 133. Where any woman, young person, or child is Notice by employed in a workshop (a) in which no abstract of this ^cer of Act is affixed as by this Act required (6), and the medical health of officer of the district council (c) becomes aware thereof, of woman, he shall forthwith give written notice thereof to the yoiingp™on, ^ or cnild. m inspector for the district. workshops. (o) As to the meaning of " employed ia a workshop," see Sec. 152. (i) See Sec. 128 (1). (c) See notes to Sees. 131 and 132, eupra. 134. Where the age of any young person under the Certificate of age of sixteen years or child is required to be ascertained of young ^ or proved for the purposes of this Act, or for any pe^ons .,.,,,, , . , , under 16 and purpose connected with the employment in labour or children. elementary education of the young person or child, any 11— a 164 FACTOEY AND WORKSHOP ACT, 1901. [sEC. 134. 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 (a), and on payment of a fee of sixpence, be entitled to obtain a certified copy under the hand of a registrar or superintendent registrar of the entry in the register, under the Births and Deaths Registration Acts, 1836 to 1874, of the birth of that young person or child ; and such form of requisition shall on request be supplied without charge by every superintendent regis- trar and registrar of births, deaths, and marriages (6). (a) For England and Wales the folio-wing form' of requisition was prescribed by an Order of the Local Government Soard dated the 20th October, 1891 :— The Factory and WorJesliop Act, 1891. EEaTllsiTlON for a certified Copy of an Entry of Birth for the purposes of the above-mentioned Act, or for any purpose connected with the elementary education or emplo3rment in labour of a child or young person under the age of sixteen years. To the Superintendent Registrar or Registrar of Births and Deaths having the custody of the register in which the birth of the Tinder-nientioned child or young person is registered : — I, the undersigned, hereby demand, for the purposes above- mentioned, or some or one of them, a Certificate of the Birth of the child or young person named in the subjoined Schedule. Christian Name and Surname of the Child or Young Person of whose Age a Certificate is required. Names of the Parents of such Child or Young Person. Father. Mother. Where such Child or Young Person was Bom. In what year such Child or Young Person was Bom. Dated this day of Signature Address Occupaiion 18 SEC. 134.] CERTIFICATES OF BIETH. 165 For Scotland the following form was prescribed by an Order of the Board of Supervision dated the 28th April, 1892 : — Factory and Workshop Acta, 1878 ajnd 1891. REairisiTlON for an extract under the hand of the Eegistrar of an Entry of Births for the purposes of the above Acts, or for any purpose connected with the elementary education or employ- ment in labour of a chUd or a young person under the age of sixteen years. To the Eegistrar having the custody of the register in which the birth of the under-mentioned child or young person is registered : — I, the undersigned, hereby demand, for the purposes above- mentioned, or some or one of them, an extract under your hand of the Entry of the Birth of the child or young person named in the subjoined Schedule : — Christian Name and Surname of the Child or Young Person of whose Age a Certificate is required. Names of the Parents of Buch Child or Young Person. Where such Child or Young Person was Bom. When such Child or Young Person was Father. Mother. Bom. Dated this day of 18 . Signature Address Occupation For Ireland, the following form was prescribed by an Order of the Secretary of State, dated the 19th June, 1895 : — Factory and Worlcshop Acts, 1878 and 1891. Eeqtjisition for a certified Copy of an Entry of Birth for the purposes of the above Acts, or for any purpose connected with the elementary education or employment in labour of a child or young person under the age of sixteen years. To the Eegistrar or Superintendent Eegistrar having the custody of the register in which the birth of the undermentioned child or young person is registered : — I, the undersigned, hereby demand for the purpose of his or her employment at* under the Factory * Here state place of employ- ment. 166 FACTORY AND WORKSHOP ACT, 1901. [SECS. 134, 135. and Workstops Acts, a Certificate of the Birth of the child or young person under the age of sixteen years named in the subjoined Schedule. Christian Name and Surname of the Child or Yonng Person of whose Age a Certificate is required. Names of the Parents of such Child or Young Person. Father. Mother. Where such Child or Young Person was Bom. In what year such Child or Young Person was Born. Dated this day of 18 . Signature Address OccwpaUon The above-mentioned Orders remain in force, notwithstanding the repeal of the enactments under which they were made, as if they had been made in pursuance of this section (see Sec. 161 (2) ). (6) See also pars. 1 to 3 of the Eevised Eegulations of the Board of Education, dated the 21st March, 1901, which are set out in Appendix C. Fine for not keeping factory or workshop in conformity with Act. Past IX. LeOAL PBOGEESINaS. 135. — (1.) If a factory or workshop is not kept in conformity with this Act, the occupier (a) thereof shall be liable to a fine not exceeding ten pounds, and, in the case of a second or subsequent conviction in relation to a factory within two years from the last conviction for the same offence, not less than one pound for each offence (6). (2.) The court of summary jurisdiction (c), in addition to or instead of inflicting a fine, may order certain means to be adopted by the occupier (a), within the time named in the order, for the purpose of bringing his factory or workshop into conformity with this Act. The court may, on application, enlarge the time so SECS. 135, 136.] FINES AND PENALTIES. 167 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 on ■which the non-compliance continues. (o) See Sec. 87 as to the liability in tenement factories of tie owner instead of the occupier in certain cases, and Sec. 142 as to the owner or hirer of a machine in a factory being liable in certain cases instead of the occupier of the factory. See also Sec. 141 as to the power of an occupier to exempt himself from liabUity on conviction of the actual offender. (6) See Sec. 143 as to the limit to cumulative fines. (c) As to the meaning of "Court of summary jurisdiction" in Scotland and Ireland, see Sees. 159 (5), and 160 (8). 136. If any person is killed, or dies, or suffers any Fines in case bodily injury or injury to health, in consequence of the "n^^**^ °^ occupier (a) of a factory or workshop (6) having neglected to observe any provision of this Act or any regulation made in pursuance of this Act, the occupier (a) of the factory or workshop (b) shall be liable to a fine not exceeding one hundred pounds, and, in the case of a second or subsequent conviction in relation to a factory within two years from the last conviction for the same offence, not less than one pound for each offence (c) and the whole or any part of the fine may be applied for the benefit of the injured person or his family, or otherwise as the Secretary of State determines (d). Provided as follows : — (a) In the case of injury to health the occupier (a) shall not be liable under this section unless the injury was caused directly by the neglect : (b) The occupier (a) shall not be liable to fine under this section if an information against him for not observing the provision or regulation to the breach of which the death or injury was attribu- table, has been heard and dismissed previous to the time when the death or injury was inflicted. (a) See note (a) to Sec. 135, supra. (6) The provisions of this section apply to certain laundries 168 FACTORY AND WORKSHOP ACT, 1901. [sEC. 136. (Sec. 103 (1) d); to docks, wharves, quays and warehouses, and machinery or plant used in the process of loading or unloading or coaling any ship in any dock, harbour, or canal (Sec. 104); to premises on which machinery worked by steam, water, or other mechanical power is temporarily used for the purpose of the con- struction of a building or any structural work in connection with a building (Sec. 105), and to certain railway lines and sidings (Sec. 106). (c) See Sec. 143 as to the limit to cumulative fines. (d) It is no answer to proceedings under this section that the injury was caused by such contributory negligence as would have constituted a good defence to a civil action by the person injured {BlenTdnsop v. Ogden [1898] 1 Q. B. 783). In this case, the injury was caused by a printing machine, the dangerous part of which was not sufficiently fenced, and it was held by the High Court that the occupier of the factory was liable to a fine under Sec. 82 of the Act of 181S, although the injury would not have happened but for the disobedience to orders and carelessness of the person injured. Notwithstanding the remedy given by way of penal compensation by this section, a workman or his representatives may have a right of action in respect of injury caused by the neglect of the employer to observe any of the provisions of the Act. In droves v. Wimhorne [1898] 2 Q. B. 402, it was held by the Court of Appeal that a workman was not precluded by Sec. 82 of the Act of 1878 from suing his employer for damages in respect of an injury sustained in consequence of the neglect of the employer to maintain fencing for dangerous machinery as required by that Act; and further, that the defence of "common employment " was not available, the injury being caused by the breach of a statutory duty imposed on the employer for the protection of the workmen. It is provided by Sec. 5 of the Employers' LiabUity Act, 1880 (43 & 44 Vict. c. 42), that there shaU be deducted from any compensation awarded to any workman, or representatives of a workman, or persons claiming by, tmder, or through a workman in respect of any cause of action arising under that Act, any penalty or part of a penalty which may have been paid in pursuance of any other Act of Parliament to such workman, representatives, or persons in respect of the same cause of action ; and that where an action has been brought under that Act by any workman, or the representatives of any workman, or any person claiming by, under, or through such workman, for compensation in respect of any cause of action arising under that Act, and payment has not previously been made of any penalty or part of a penalty under any other Act of Parliament in respect of the same cause of action, such workman, representatives, or person shall not be entitled SECS. 136, 137.] FiNp;s and penalties. 1 69 thereafter to receive any penalty or part of a penalty under any other Act of Parliament in respect of the same cause of action. The Workmen's Compensation Act, 1897, which provides, in the case of workmen employed in certain kinds of employment, including any workman employed on, in, or about a factory, for the payment of compensation for accidental injuries suffered in the course of the employment, does not affect any proceeding for a fine under this section; but if any such fine, or any part thereof, has been applied for the benefit of the person injured, the amount so applied is to be taken into account in estimating the compensation under that Act (60 & 61 Vict. c. 37, s. 1 (5) ). 137. — (1.) Where any person is employed (a) in a Fine for factory or workshop, other than a domestic factory (6) or p™go°^™^ a domestic workshop (6), contrary to the provisions of contrary to this Act, the occupier (c) of the factory or workshop shall '^ ' be liable to a fine not exceeding three, or if the offence was committed during the night (d) five, pounds for each person so employed (a), and, in the case of a second or subsequent conviction in relation to a factory within two years from the last conviction for the same offence, not less than one pound for each offence (e) ; and where any person is so employed in a domestic factory (6) or a domestic workshop (6) the occupier (c) shall be liable to a fine not exceeding one, or if the offence was committed during the night {d) two pounds, for each person so employed (a), and, in the case of a second or subsequent conviction within two years from the last conviction in relation to a factory for the same offence, not less than one pound for each offence (e). (2.) If a woman, young person, or child (/) 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 or absence from work is, in contraven- tion of the provisions of this Act, employed (a) in the factory or workshop, or allowed to remain in any room, the woman, young person, or child shall be deemed to be employed contrary to the provisions of this Act. (a) As to what constitutes ' ' being employed " in a factory or work- shop, see Sec. 152, post, p. 183, and note(c) to Sec. 33, ante, p. 46. 170 FACTORY AND WOEKSHOP ACT, 1901. [SECS. 137 — 139. Fine for offence by parent. Forgery of certificates, false entries, and false declarations. (6) For definitions of "domestic factory" and "domestic ■worksiop," see Sec. 115. (c) As to the power of the occupier to exempt himself from liability on conviction of the actual offender, see Sec. 141. See also Sec. 142, which substitutes for the occupier of a factory in certain cases the owner or hirer of a machine or implement in the factory. (d) I.e., between 9 p.m. and 6 a.m. (Sec. 156 (1) ). (e) See Sec. 143 as to the limit to cumulative fines. (/) For definitions of " woman," "yoimg person," and "child," see Sec. 156 <1). 138. — (1.) If a young person or child (a) is em- ployed (b) in a factory or workshop contrary to the provisions of this Act, the parent (c) ol the young person or child shall be liable to a fine not exceeding twenty shillings for each offence (d), unless it appears to the court that the offence was committed without the consent, connivance, or wilful default, of the parent. (2.) If the parent (c) of a child (a) neglects to cause the child to attend school in accordance with this Act (e), he shall be liable to a fine not exceeding twenty shillings for each offence (d). (a) For definitions of young person and child, see Sec. 156 (1). (J) See Sec. 152, post, p. 183, and note (c) to Sec. 33, ante, p. 46. (c) " Parent" means a parent or guardian of, or person having the legal custody of, or the control over, or having direct benefit from the wages of, a young person or child (Sec. 166 (1)). (d) See Sec. 143 as to the limit to cumulative fines. (e) See Sec. 68. 139. If any person — (a) forges or counterfeits any certificatefor the pur- poses of this Act (for the forgery or counterfeiting of which no other punishment is provided) ; or (b) gives or signs any such certificate knowing the same to be false in any material particular ; or (c) knowingly utters or makes use of any certificate so forged, counterfeited, or false as aforesaid; or (d) knowingly utters or makes use of as applying to any person a certificate which does not so apply; or SECS. 139 — 141.] FALSE ENTEIES AND DECLAEATIONS. 171 (e) personates anyperson named in a certificate ; or (f) falsely pretends to be an inspector ; or (g) wilfully connives at the forging, counterfeit- ing, giving, signing, uttering, making use, or personating as aforesaid ; or (h) wilfully makes a false entry in any register, notice, certificate, or document, required by this Act to be kept or served or sent ; or (i) wilfully makes or signs a false declaration under this Act ; or (j) knowingly makes use of any such false entry or declaration, he 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. 140. Where an offence for which the occupier of a pine on factory or workshop is liable under this Act to a fine has P^pon ■' '■ actually in fact been committed by some agent, servant, workman, committing or other person, that agent, servant, workman, or other ^^oh^og°u. person, shall be liable to the like fine as if he were the pier is liable. occupier. 141. — (1.) Where the occupier of a factory or work- Power of shop is charged with an offence against this Act, he shall exeimpt" *° be entitled upon information duly laid by him to have iiimseif from any other person whom he charges as the actual offender viction of brought before the court at the time appointed for hear- ^^ actual ing the charge ; and if, after the commission of the offence has been proved, the occupier of the factory or workshop proves to the satisfaction of the court — (a) that he has used due diligence to enforce the execution of this Act ; and (b) that the said other person had committed the offence in question without his knowledge, consent, or connivance, that other person shall be summarily convicted of the offence, and the occupier shall be exempt from any fine. 172 FACTORY AND WORKSHOP ACT, 1901. [SECS. 141 — 143. Owner of machine liable in certain cases instead of occupier. The person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. (2.) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence — (a) that the occupier of the factory or workshop has used all due diligence to enforce the execution of this Act ; and (b) by what person the offence has been committed ; and (c) that it has been committed without the knowledge, consent, or connivance of the occupier and in con- travention of his orders, the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier of the factory or workshop. 142. Where in a factory the owner or hirer of a machine or implement moved by steam, water, or other mechanical power («), is some person other than the occupier of the factory, the owner or hirer shall, so far as respects any offence against this Act committed in relation to a person who is employed in or about or in connexion with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory. (a) See note (c) to Sec. 10, amte, p. 19. Limit to cumulative fines. 143. A person shall not be liable in respect of a repetition of the same kind of offence from day to 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 persons, contrary to the provisions of this Act. SECS. 144 — 146.J PE03ECUTI0N OF OFFENCES. 173 144. — (1.) All offences under this Act shall be prose- Prosecutioa cuted, and all fines under this Act shall be recovered, on and recovery summary conviction, before a court of summary jurisdic- t^^^f^"*' tion in manner provided by the Summary Jurisdiction Acts. (2.) A summary order may be made for the purposes of this Act by a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts. (3.) All fines imposed in pursuance of this Act shall, save as otherwise expressly provided for by this Act, be paid into the Exchequer. (4.) 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 the factory or workshop, and the father, son, or brother of the occupier of the factory or workshop, shall not be qualified to act as a member of the court. (5.) A person engaged in, or being an officer of any association of persons engaged in, the same trade or occupation as a person charged with any offence under this Act shall not act as a justice of the peace in hearing and determining the charge. As to the meaning of court of summary jurisdiction, and as to the prosecution of offences, and recovery and application of fines, in Scotland, see Sec. 159 (5), (20), (21), (22), (24), (25),' and (26) ; and in Ireland, Sec. 160 (8) and (10). 145. If any person feels aggrieved by a conviction Appeal to or order made by a court of summary jurisdiction on g^gions. determining an information or complaint under this Act, he may appeal therefrom to quarter sessions. As to appeals in Scotland, see Sec. 159 (27) ; and in Ireland, Sec. 160 (9). 146. The following provisions shall have effect with Limitation respect to summary proceedings for offences and fines genmTipr^- under this Act : — visions as (1.) The information shall be laid within three months pro"e™Sn^. after the date at which the offence comes to the 174 FACTORY AND WORKSHOP ACT, 1901. [SECS. 146, 147. knowledge of the inspector for the district within which the offence is charged to have been committed, or, in case of an inquest being held in relation to the offence, then within two months after the con- clusion of the inquest, so, however, that it be not laid after the expiration of six months from the commission of the offence : (2.) It shall be sufficient to allege that a factory or workshop is a factory or workshop within the mean- ing of this Act, without more : (3.) 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 : (4.) A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form, and 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 other- wise, 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. Evidence 147. — (1.) If a person is found in a factory or work- in summary , , . , .. 1 •! n ,, , . proceedings, shop, except at meal times, or while all the machinery of the factory or workshop 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, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory or workshop (a) : 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 manufacturing process carried on, shall not be taken to be any part of the factory or SECS. 147, 148.] EVIDENCE. 175 workshop within the meaning of this enactment ; and this enactment shall not apply to a domestic factory or workshop (b) . (2.) Where a young person or child is, in the opinion of the court, apparently of the age alleged by the informant, it shall lie on the defendant to prove that the young person or child is not of that age. (3.) A declaration in writing by a certifying surgeon for the district (c) 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. (4.) A copy of a conviction for an offence against this Act purporting to be certified under the hand of the clerk of the peace (d) having the custody of the conviction to be a true copy shall be receivable as evidence, and every such clerk of the peace (d) shall, on the written request of an inspector and payment of a fee of one shilling, deliver to him a copy of the conviction so certified. (a) See also Sees. 60 (6) and 129 (2). (J) For definitions of domestic factory and domestic workshop, see Sec. 115. (c) Where there is no certifying surgeon for the district, the poor law medical officer is to act as such for the time being (Sec. 123). {d) In Scotland "clerk of the peace" means the sherifl clerk (Sec. 159 (13)). 148. Any notice, order, requisition, summons, and Service of document, required or authorised to be served or sent doc'imente for the purposes of this Act — *=<=. (a) may be served and sent by post, or by delivering the same to or at the residence of the person on or to whom it is to be served or sent, or (where he is the owner (a) of a factory or workshop) by delivering the same or a true copy thereof to his agent, or (where he is the occupier, of a factory or workshop) by delivering the same or a true copy thereof to his 176 FACTOEr AND WORKSHOP ACT, 1901. [becs. 148, 149. agent or to some person in the factory or workshop ; and (b) Where it is required to be served on or sent to the occupier of a factory or workshop, shall be deemed to be properly addressed if addressed to the occupier of the factory or workshop at the factory or work- shop, with the addition of the proper postal address, but without naming the person who is the occupier. (o) As to the meaning of " owner," see Sec. 156 (1). Paet X. SUPPLEMENTAKY. (i.) Application and Definitions. Factories and 149. — (1.) Subject to the provisions of this section, which Act ° t^s following expressions have in this Act the meanings applies. hereby assigned to them ; that is to say : — The expression " textile factory " means any premises wherein or within the close or curtilage of which steam, water, or other mechanical power (a), is used to move or work any machinery employed in pre- paring, manufacturing, or finishing, or in any process (b) incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, tow, china-grass, cocoa-nut fibre, or other like material, either separately or mixed together, or mixed with any other material, or any fabric made thereof : Provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works, and hat works shall not be deemed to be textile factories (c) : The expression "non-textile factory" means — (a) any works, warehouses, furnaces, mills, foundries, or places named in Part One of the Sixth Schedule to this Act ; and (b) any premises or places named in Part Two of the said schedule wherein or within the close or SEC. 149.] DEFINITIONS. 177 curtilage or precincts of which steam, water, or other mechanical power (a), is used in aid of the manufacturing process (6) carried on there ; and (o) any premises wherein or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for pur- poses of gain (d) in or incidental to any of the following purposes, namely — (i.) the making of any article or of part of any article ; or (ii.) the altering, repairing, ornamenting, or finishing (e) of any article ; or (iii.) the adapting for sale of any article (/), and wherein or within the close or curtilage or pre- cincts of which steam, water, or other mechanical power (a) is used in aid of the manufacturing process (b) carried on there (g) : The expression " factory " means textile factory and non-textile factory, or either of those descriptions of factories : The expression "tenement factory" means a factory where mechanical power is supplied to different parts of the same building occupied by different persons for the purpose of any manufacturing process or handicraft, in such manner that those parts constitute in law separate factories, and for the purpose of the provisions of this Act with respect to tenement factories (h) all buildings situate within the same close or curtilage shall be treated as one building. The expression "workshop" means — (a) any premises or places named in Part Two of the Sixth Schedule to this Act, which are not a factory (i) ; and (b) any premises, room, or place, not being a factory (i), in which premises, room, or place, or within the close or curtilage or precincts of which premises, any manual labour is exercised by way F.A. 12 178 FACTOEy AND WOEKSHOP ACT, 1901. [sEC. 149. of trade or for purposes of gain ^d) in or incidental to any of the following purposes, namely — (i.) the making of any article or of part of any article ; or (ii.) the altering, repairing, ornamenting, or finishing (e) of any article ; or (iii.) the adapting for sale of any article (/), and to or over which premises, room, or place the employer of the persons working therein has the right of access or control : The expression "workshop" includes a tenement workshop. The expression "tenement workshop" means any workplace in which, with the permission of or under agreement with the owner (j) or occupier, two or more persons carry on any work which would constitute the workplace a workshop if the persons working therein were in the employment of the owner (J) or occupier. (2.) A part of a factory or workshop may, with the approval in writing of the chief inspector, be taken for the purposes of this Act to be a separate factory or workshop. (3.) A room solely used for the purpose of sleeping therein shall not be deemed to form part of the factory or workshop for the purposes of this Act. (4.) Where a place situate within the close, curtilage, 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 work- shop, that place shall not be deemed to form part of the factory or workshop for the purposes of this Act (k), but shall, if otherwise it would be a factory or workshop, be deemed to be a separate factory or workshop, and be regulated accordingly. (5.) A place or premises shall not be excluded from the definition of a factory or workshop by reason only that the place or premises is or are in the open air. SEC. 149.J DEFINITIONS. 179 (6.) The exercise by any young person or child in any recognised efficient school (Z), during a portion of the school hours, of any manual labour for the purpose of instructing the young person or child 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) The expression " other meoliaiiioal power" includes gas, electricity, or other like motive powers, but machinery worked solely by manual labour is not worked by mechanical power within the meaning of the Act (see Wrigley v. Bagley [1901] 1 K. B. 780 ; Brmm v. Herriot, 1899, 33 Ir. T. L. E. 123). (J) The expression "process " includes the use of any locomotive (Sec. 156(1)). (c) The works, miUs, and warehouses mentioned in this proviso are defined in Sched. VI. (1), (2), (14), (19), (21), (22) and (24). Print works, bleaching and dyeing works, paper mills and flax scutch mills are non-textile factories. Hat works, rope works, and lace warehouses are non-textUe factories if steam, water, or other mechanical power is used in aid of the manufacturing process carried on there ; if not, they are workshops. Eope works are defined as any premises being a ropery, ropewalk, or rope work, in which is carried on the laying or twisting or other process of preparing or finishing the Unes, twines, cords, or ropes, and in which machinery moved by steam, water, or other mechanical power is not used for the drawing or spinning the fibres of flax, hemp, iute,ortow, andwhioh has no internal communication with any buildings or premises joining or forming part of a textile factory, except such commimication as is necessary for the transmission of power (Sched. VI. (22) ). Eope works in which machinery moved by mechanical power is used for the drawing or spinning the flbres of flax, hemp, jute, or tow, or which have internal communication with buildings or premises joining or forming part of a textile factory, other than such commimication as is necessary for the transmission of power, are textUe factories. {d) The words " for purposes of gain " mean for purposes of direct gain. In Nash v. Hollimhead [1901] 1 K. B. 700, decided under the Workmen's Compensation Act, 1897, a farmer, for the purpose of grinding meal for the feeding of stock, had a movable steam engine on the farm. None of the meal was sold, the whole of it being consumed on the farm. It was held by the Court of Appeal, reversing the decision of the County Court Judge, that the farm was not a factory, Eomer, L.J., expressly reserving his opinion as to 12—2 180 FACTORY AND WOEKSHOP ACT, 1901. [SEC. 149. ■what the result of the case might have been if the operation of grind- ing the meal had been carried on with a view to its sale as an article of commerce. In Henderacm v. Glasgow Corporation, 1900, 2 Fraser, 1127, which was also a case imder the Workmen's Compensation Act, where steam, power was used in the works of the respondent corporation for the purpose of separating certain saleable parts of the city Tefuse from the unsaleable parts, and the sums realised by the sales were applied in the reduction of the expenses of disposal of the refuse, the deficiency being charged on the rates, it was held that the separation of the refuse was "the adapting for sale " of an article "by way of trade or for piu-poses of gain," and that the works were therefore a factory. As to factories or workshops belonging to or in the occupation of the Crown, see Sec. 150(2). (e) See Squire v. Stanley, cited in note (a) to Sec. 77, ante, p. 96. (/) In Fullers v. Squire [1901] 2 K. B. 209, it was held that the operation of packing sweetmeats into boxes in layers with ornamental papers, and afterwards ornamenting such boxes with a view to their sale, was the adapting of articles for sale within the meaning of Sec. 97 of the Act of 1878 ; and that premises which were used in the daytime as a shop for the sale of sweetmeats by retail, but upon which the sweetmeats were packed as above-mentioned after shop hours, were a workshop. The Court did not express any opinion as to whether similar work done during shop hours would bring the premises within the scope of the Act. In Law V. Qraham, 1901, 17 T. L. E,. 474, it was held that premises on which bottles were washed by manual labour with the aid of mechanical power, and were then filled with beer by manual labour alone, nothing being done to the beer itself to alter its nature or character for the purpose of adapting it for sale, were not a factory under Sec. 93 (3) of the Act of 1878. Bottle- washing works are now, however, expressly included in the list of non-textile factories and workshops in Sohed. YI. (see clause (28) ). (g) In Fetrie v. Weir, 1900, 2 Fraser, 1041, it was held by the Court of Session that a stone-dressing yard, which consisted of a yard in which stones were dressed by manual labour, and an engine- house where tools for dressing the stones were sharpened on a grind- stone driven by a gas-engine, there being no other mechanical power used on the premises, was a factory within the definition in Sec. 93 (3) of the Act of 1878, which is re-enacted by this clause. (h) See Sees. 11 (6), 14 (7), 82 (2), 87 and 88. (i) That is to say, any of such premises if mechanical power is not used therein, or within the close or curtilage thereof, in aid of the manufacturing process carried on there. (j) As to the meaning of owner, see Sec. 156 (1). SECS. 160, 151.] CEOWN FACTORIES AND WORKSHOPS. 181 {k) See London County Council v. Lewis, cited in note (c) to Sec. 14, ante, p. 26. Q) Eor definition of " recognised efficient soliool," see Sec. 72 (1). 150. — (1.) This Act applies to factories and work- Application shops belonging to the Crown ; but in case of any public factoriesand emergency the Secretary of State may, by order, to the workshops, extent and during the period named by him, exempt from this Act any factory or workshop belonging to the Crown, or any factory or workshop in respect of work which is being done on behalf of the Crown under a contract specified in the order. (2.) A factory or workshop belonging to or in the occupation of the Crown shall not be excluded from the operation of this Act by reason only that it is not carried on by way of trade or for the purpose of gain. (3.) The powers conferred by this Act on a district council or other local authority shall, in the case of a factory or workshop belonging to or in the occupation of the Crown, be exercised by an inspector under this Act. 151. The Secretary of State may by Special Order Power to direct, with respect to any class of factories or workshops, *^^*' separate ., in oranches as that different branches or departments of work carried separate on in the same factory or workshop shall, for all or any ^0^8^°^ of the purposes of this Act, be treated as if they were different factories or workshops. By an Order of the Secretary of State, dated the 27th March, 1897, it was directed that with respect to factories or workshops or parts thereof in which are carried on — Bookbinding, Hat making, and The following branches of the confectionery trade, viz. : — Bonbon and Christmas present making, different branches or departments of work carried on in the same factory or workshop, may, so far as regards the period of employ- ment of children, young persons and women, be treated as if they were separate factories or workshops, subject to the following conditions : — 182 FACTORY AND WOBKSHOP ACT, 1901. [SEC. 151. (1.) Every such, branch or department must be carried on — (a) in a separate room or separate rooms, which, must not be used for any other branch or department, (b) nnder separate and distinct management, and (o) by separate and distinct persons, that is to say, no person who is employed in one branch or department may be employed in any other branch or department. (2.) In every such branch or department a separate notice (Special Exception Notice) under Sec. 66 of the Factory and Workshop Act, 1878 (now Sec. 60 of this Act), must be aflBxed, stating clearly the name or description of the branch or department; and a copy of every such notice must be sent to the inspector. (3.) In every such branch or department a separate notice (Period of Employment Notice) imderSec. 19 of the Eaotory and Workshop Act, 1878 (now Sec. 32 of this Act), must be aflfixed. (4.) The occupier of the factory or workshop must obtain from the inspector, and must hold, a certificate that in his opinion, having regard to aU the circumstances of the case, the separation of branches or departments, and the arrangements for carrying out the above conditions, are satisfactory, and such certificate shall cease to be of any effect on the expiration of one week after the inspector shall have served on the occupier notice in writing that the separation and arrangements aforesaid are no longer satisfactory. By an Order dated the 19th January, 1899, it was directed, with respect to factories and workshops in which the manufacture of edge tools is carried on, that a part of any such 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, may, so far as regards the period of employment of children, young persons and women, bo treated as if it were a different factory or workshop, subject to the following conditions : — (1.) (a) Such part must consist of a separate room or separate rooms ; (b) such part must be imder separate and distinct manage- ment; (c) no person who is employed in such part may be employed in any other part of the factory or workshop. (2.) Such part shall have a separate notice (Special Exception Notice) under Sec. 66 of the Factory and Workshop Act, 1878 (now Sec. 60 of this Act), affixed therein ; and a copy of every such notice must be sent to the inspector. (3.) Such part shall have a separate notice (Period of Employ- ment Notice) under Sec. 19 of the Factory and Workshop Act, 1878 (now Sec. 32 of this Act), affixed therein. SECS. 151, 152.] SEPAEATK BEANCHES. 183 (4.) The occupier of tlie factory or workshop must obtain from the inspector, and must hold, a certificate that in his opinion, having regard to all the circumstances of the case, the separation of such part from the rest of the factory or workshop, and the arrangements for carrying out the ahove conditions, are satisfactory, and such certificate shall cease to be of any effect on the expiration of one ■week after the inspector shall have served on the occupier notice in writing that the separation and arrangements aforesaid are no longer satisfactory. By an Order dated the 6th September, 1900, it was directed, with respect to factories and workshops in which the manufacture of bright or burnished metal goods is carried on, that a part of any such 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, may, so far as regards the period of employment of children, young persons and women, be treated as if it were a different factory or workshop, subject to the following conditions : — (1.) (a) Such part must consist of a separate room or separate rooms ; (b) Such part must be under separate and distinct manage- ment ; (c) No person who is employed in such part may be employed in any other part of the factory or workshop. (2.) Such part shaU have a separate notice (Period of Employ- ment Notice) under Sec. 19 of the Factory and Workshop Act, 1878 (now Sec. 32 of this Act), aflfixed therein. (3.) The occupier of the factory or workshop must obtain from the inspector, and must hold, a certificate that in his opinion, having regard to all the circumstances of the case, the separation of such part from the rest of the factory or workshop, and the arrangements for carrying out the above conditions, are satis- factory, and such certificate shall cease to be of any effect on the expiration of one week after the inspector shall have served on the occupier notice in writing that the separation and arrangements aforesaid are no longer satisfactory. The above Orders continue to have effect, notwithstanding the repeal of the enactment under which they were made, as it they had been made in pursuance of this section (see Sec. 161 (2) ). See also the Order of the 27th March, 1897, referred to in note (d) to Sec. 49, ante, pp. 66, 67. 152. — (1.) A woman, young person, or child, who Definition of works in a factory or workshop, whether for wages or ^nd w^tag not, either in a manufacturing process or handicraft, or for hire. 184 FACTORY AND WORKSHOP ACT, 1901. [sECS. 152, 153. 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 handicraft therein, shall, save as is otherwise provided by this Act (a), be deemed to be employed therein within the meaning of this Act (6), (2.) For the purposes of this Act an apprentice shall be deemed to work for hire. (a) See Sec. 158. (b) See Prior v. Slathwaite Spinning Co., cited in note (c) to Sec. 33, ante, p. 46. Application of Act to London. 57 & 58 Vict, c. ccxiii. 153. — (1.) In the application to the administrative county of London of the section of this Act relating to the means of escape from fire (a), the London County Council shall take the place of the district council, and their expenses in the execution of that section shall be defrayed as part of their expenses in the management of the London Building Act, 1894. (2.) In the application to the administrative county of London of the section of this Act giving power to make byelaws providing for means of escape from fire (6), the reference to a district council shall be construed as a reference to the London County Council. (3.) The power of the London County Council under section one hundred and sixty-four of the London Build- ing Act, 1894, to make byelaws with respect to the means of escape from fire in buildings exceeding sixty feet in height shall extend to all factories and workshops whether exceeding sixty feet in height or not. (4.) Subject as aforesaid, references in this Act to a district council and the district thereof shall, as regards the city of London, be construed as references to the court of common council and the city, and, as regards any other part of the administrative county of London, SECS. 153 — 156.] GENERAL DEFINITIONS. 185 as references to the council of a metropolitan borough and the metropolitan borough. {a) Sec. 14. ' (6) Sec. 15. 154. Eeferences in this Act to a district council Application and the district thereof shall be construed as including county references to the council of a county borough and the boroughs, county borough. 155. The powers conferred by this Act on district Saying for councils shall be in addition to, and not in substitution power" of for, any other powers which they may possess. diatrict 156. — (1.) In this Act unless the context otherwise General definitions. requires, — The expression " bank holiday " means a holiday under the Holidays Extension Act, 1875 : ^^i*^* ^''='- The expression " child " means a person who is under ■■ child." the age of fourteen years, and who has not, being of the age of thirteen years, obtained the certificate of proficiency or attendance at school, mentioned in Part III. of this Act : See Sec. 71. The expression "machinery" includes any driving "Machinery." strap or band : The expression "mill-gearing" comprehends every "Miii- shaft, whether upright, oblique, or horizontal, and gearing." every wheel, drum, or pulley, or other appliance by which the motion of the first moving power is communicated to any machine appertaining to a manufacturing process : The expression "night" means the period between "Night." nine o'clock in the evening and six o'clock in the succeeding morning : The expression " owner " has the meaning given to it "Owner." by section four of the Public Health Act, 1875 : " Owner" is defined by Sec. 4 of the Public Health Act, 1875, as meaning " the person for the time being receiving the raokrent 186 FACTOEY AND WOEKSHOP ACT, 1901. [sECS. 156, 157. "Parent." " Prescribed." " Process." " Special Order." "Week." " Woman." " Young person. " Men's workshops. of the lands or prenuses in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were letatarackrent." "Eackrent" means "rent which is not less than two-thirds of the full net annual value of the property out of which the rent arises." The expression " parent " means a parent or guardian of, or person having the legal custody of, or the control over, or having direct benefit from the wages of, a young person or child : The expression "prescribed " means prescribed for the time being by the Secretary of State : The expression " process " includes the use of any locomotive : The expression "Special Order" means an Order which is subject to the provisions of section one hundred and twenty-six of this Act with regard to Special Orders of the Secretary of State : The expression "week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night: The expression " woman " means a woman of the age of eighteen years and upwards : The expression " young person " means a person who has ceased to be a child and is under the age of eighteen years : (2.) For the purposes of this Act employment shall be deemed to be continuous unless interrupted by an interval of at least half an hour. (3.) The factories and workshops named in the Sixth Schedule to this Act are in this Act referred to by the names therein assigned to them. (4.) Eeferences in this Act to regulations made under this Act shall be construed as including references to special rules established or requirements made under any previous Act. 157. The following provisions of this Act shall not apply to men's workshops, that is to say, workshops SEcs. 157 — 159,] men's woekshops. 187 conducted on the system of not employing any woman, young person, or child therein : — (1.) The sections in Part I. relating to temperature, thermometers, means of ventilation, drainage of floors, sanitary conveniences, opening of doors, power to make orders as to dangerous machinery, and inquests (a) ; (2.) Part II. and Part III. (6) ; (3.) The sections in Part IV. relating to fans and to lavatories and meals (c) ; (4.) Part VII. (tQ ; (5.) The sections of Part VIII. relating to the affixing of abstracts and notices, and the keeping of a general register, and the first sub-section of the section relating to periodical returns (e). (a) Sees. 6, 7, 8, 9, 16, 17, and 21. (J) Sees. 23 to 72. (c) Sees. 74, 75, and 78. (d) Sees. 116 and 117. (e) Sees. 128, 129, 130 (1). 158. Nothing in this Act shall extend to any young SaTing for person being a mechanic, artizan, or labourer, working em^oyed^T* only in repairing either the machinery in or any part of repairs. a factory or workshop. (ii.) Application of Act to Scotland and Ireland. 159. In the application of this Act to Scot- Application lov,-! ot Act to ^"'"'^ Scotland. (1.) The expression " certified efficient school " means any public or other elementary school under Government inspection : (2.) The expression " district council " and the expres- sion " district " used with reference to such council mean the local authority under the Public Health 60 & 61 Vict. (Scotland) Act, 1897, and their district : (3.) The expression " medical officer of health " means the medical officer under the Public Health (Scotland) Act, 1897 : c. 38. 188 FACTORY AND WOEKSHOP ACT, 1901. [sEC. 159. (4.) The expression " poor law medical of&cer " means the medical officer appointed by the parish council : (5.) The expression " court of summary, jurisdiction " means the sheriff of the county : (6.) The expression " Board of Education " means the Scotch Education Department : (7.) The provisions of this Act relating to certificates of proficiency or of due attendance (a) shall not apply, but a child of the age of thirteen years, who has obtained exemption from the obligation to attend school in the manner prescribed by section three of lEdw. 7,c. 9. the Education (Scotland) Act, 1901 (&), shall be deemed to be a young person for the purposes of this Act. (a) Sec. 71. (6) See note (a) to Sec. 71, ante, p. 88. (8.) The expression " county court " means the sheriff court : (9.) All matters required by this Act to be published in the London Gazette shall, if they relate to Scot- land, be published in the Edinburgh Gazette, either in addition or in substitution as the case may require. (10.) The expression " information " means petitioner complaint : (11.) The expression "informant" means petitioner, pursuer, or complainer : (12.) The expression " defendant " means defender or respondent : (13.) The expression " clerk of the peace " means sheriff clerk : (14.) The expression "owner " has the meaning given to it by section three of the Public Health (Scotland) Act, 1897 : (16.) The expression " inspector of nuisances " means sanitary inspector within the meaning of the Public Health (Scotland) Act, 1897 : SEC. 159.] . APPLICATION TO SCOTLAND. 189 (16.) The expression " Births and Deaths Eegistration Acts, 1836 to 1874," means the Acts relating to the registration of births, deaths and marriages in Scotland : (17.) The expression "Public Health Act, 1875," means the Public Health (Scotland) Act, 1897, and 60 & 61 Vict. the Acts amending the same, and references to section ninety-one and sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, shall be construed respec- tively as references to section sixteen and sections one hundred and eighty-three to one hundred and eighty-seven of the Public Health (Scotland) Act, 1897: (18.) The expenses incurred by a local authority under the provisions of this Act with respect to means of escape in case of fire shall be defrayed out of the public health general assessment levied under the Public Health (Scotland) Act, 1897 : (19.) The expression "Local Government Board" means the Local Government Board for Scotland : (20.) All offences under this Act shall be prosecuted and all penalties under this Act shall be recovered under the provisions of the Summary Jurisdiction (Scotland) Acts at the instance of the procurator fiscal or of any inspector : (21.) The court may make, and may alter or vary, summary orders under this Act on petition by the procurator fiscal or an inspector presented in com- mon form : •(22.) All fines under this Act in default of payment, and all orders made under this Act failing com- pliance, may be enforced by imprisonment for a term to be specified in the order or conviction, but not exceeding three months : (23.) 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 the 190 FACTORY AND WORKSHOP ACT, 1901. [SECS. 159, 160. prosecution is brought at the instance of that inspector : (24.) Every person convicted of any offence under this Act shall be liable in the reasonable costs and charges of the conviction : (25.) 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 King's and Lord Treasurer's Eemembrancer on behalf of His Majesty's Exchequer, and shall be carried to the Consolidated Fund : (26.) All jurisdictions, powers, and authorities neces- sary for the purposes of this section are conferred on the sheriffs : (27.) The provisions of this Act with respect to appeals to quarter sessions shall not apply, and any person may appeal from any order or conviction under this Act to the Court of Justiciary, under and in terms 20 Geo. 2, of the Heritable Jurisdictions (Scotland) Act, 1746, or under any enactment amending that Act, or applying or incorporating its provisions or any of them with regard to appeals, or under and in terms 38&39Viot. of the Summary Prosecutions Appeal (Scotland) Act, 1875. 0. 43. c. 62. Application 160. In the application of this Act to Ire- of Act to , , Ireland. land — (1.) The expression "certified 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 : (2.) The expression "recognised efficient school" means a certified efficient school and any school which is recognised for the time being by an inspector under this Act as giving efficient elemen- tary education : (3.) In the provisions of this Act relating to certificates SEC. 160.] APPLICATION TO IRELAND. 191 of birth the Irish Education Act, 1892, shall be 55&56Vict. c 42 substituted for the Elementary Education Act, 1876, and a school attendance committee shall be substituted for a local authority : (4.) In the provisions of this Act relating to payment by occupiers of sums for schooling, the Irish Educa- tion Act, 1892, shall be substituted for the Elemen- tary Education Act, 1891, and a school grant shall be substituted for a fee grant : (5.) The expression "medical officer of health" includes a medical superintendent of health : (6.) The expression " poor law medical officer " means the medical officer of a dispensary district : (7.) Any act authorised to be done or consent required to be given by, or report required to be made to, the Board of Education under this Act shall be done and given by or to the Lord Lieutenant, acting by and with the advice of the Privy Council in Ireland : (8.) A court of summary jurisdiction when hearing and determining an information or complaint in any matter arising under this Act shall be consti- tuted within the police district of Dublin metropolis of one of the divisional justices of that district sitting at a police court within the district, and elsewhere of a resident magistrate appointed under the Constabulary (Ireland) Act, 1836, sitting alone, 6 & 7 WiU. 4, 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 jurisdiction shall lie in accordance with the provisions of the Summary Jurisdiction (Ireland) Acts : (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 Pines Act i4&i5Vict. (Ireland), 1851, and any Act amending the same : °' ^°" (11.) The provisions of section one hundred and seven 192 FACTORY AND WORKSHOP ACT, 1901. [SECS. 160, 161. 41 & 42 Vict. of the Public Health (Ireland) Act, 1878, with respect to a factory, workshop, or workplace, not kept in a cleanly state, or not ventilated, or over- crowded, shall not apply to any factory which is subject to the provisions of this Act with respect to cleanliness, ventilation, and overcrowding, but shall apply to every other factory, workshop, or work- place : (12.) The Sanitary Acts within the meaning of the Public Health (Ireland) Act, 1878, 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 : *i&*2Vict. (13.) The Public Health (Ireland) Act, 1878, shall be substituted for the Public Health Act, 1875, and in particular sections two, one hundred and seven, and two hundred and nineteen to two hundred and twenty-three of the former Act shall be substituted for sections four, ninety-one, and one hundred and eighty-two to one hundred and eighty-six of the latter Act respectively : (14.) The expression " the Local Government Board " means the Local Government Board for Ireland : (15.) The expression " the Births and Deaths Eegis- tration Acts, 1836 to 1874," means the Births and Deaths Eegistration (Ireland) Acts, 1863 to 1880 : (16.) All matters required by this Act to be published in the London Gazette shall, if they relate to Ire- land, be published in the Dublin Gazette, either in addition or in substitution as the case may require. (iii.) Repeal, &c. Repeal of 161. The Acts specified in the Seventh Schedule to Acts. tjijg ^gt are hereby repealed as from the dates and to the extent in that schedule mentioned ; Provided that^ (1.) All notices affixed in a factory or workshop in SBCS, 161—163.] REPEAL. 193 pursuance of any enactment hereby repealed shall, so far as they are in accordance with the pro- visions of this Act, be deemed to have been affixed in pursuance of this Act ; and (2.) All orders and all special rules and require- ments made or having effect under any enactment hereby repealed shall continue to have effect as if they had been made under this Act ; and nothing in this Act shall be construed as altering the mode of making such special rules or require- ments whilst the power to make them continues in force ; and (3.) All inspectors, sub-inspectors, certifying sur- geons, officers, clerks, and servants, appointed in pursuance of any enactment 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 (4.) All certificates of fitness for employment granted in pursuance of any enactment hereby repealed shall have effect as if granted in pur- suance of this Act, and all registers kept in pursuance of any enactment hereby repealed shall, until otherwise directed by the Secretary of State, be deemed to be the registers required by this Act. 162. This Act shall come into operation on the first Commence, day of January one thousand nine hundred and two. ment of Act. 163. This Act may be cited as the Factory and Short title. Workshop Act, 1901. F.A. 13 1 94 FACTORY AND WORKSHOP ACT, 1901. [SCHED. 1. SCHEDULES. FIEST SCHEDULE, Section 14. Pbotisions AS TO Aebiteations. (1.) The parties to the arbitration are in this schedule deemed to be the owner of the factory or workshop on the one hand and the district council on the other hand. (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 who is employed in, or in the management of, or is interested in, the factory or workshop to which the arbitration relates. (4.) The appointment of an arbitrator must be in writing, and notice of the appointment shall be forth- with sent to the other party to the arbitration, and the appointment 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 proceedings 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 matter in difference, and in that case the award of the 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 proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final. SCHED. l.J AEBITEATIONS. 195 (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 arbitra- tion, appoint an arbitrator, who shall then act as if no failure had occurred. (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 has been appointed for that purpose by both arbitrators under their hands, the matter in difference shall be deter- mined by the umpire appointed as herein-after mentioned. (10.) The arbitrators, before they enter on the matter referred 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 arbitrator 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, 13—2 196 PACTOKY AND WORKSHOP ACT, 1901. [SCHEDS. 1, 2. may examine the parties and their witnesses on oath, and may also consult any counsel, engineer, or scientific person whom they 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, according as the award may direct. Such costs may be taxed by a master of the Suprente Court, or, in Scotland, by the auditor of the Court of Session, and the taxing officer snail, on the written application of either of the parties, ascertain and certify the proper amount thereof. The amount, if any, pay- able by the Secretary of State shall be paid as part of the expenses of inspectors under this Act. The amount, if any, payable by the occupier of the factory or work- shop may in the event of nonpayment be recovered in the same manner as fines under this Act. SECOND SCHEDULE. Section 49. PaCTOEIES AND WOEKSHOPS IN WHICH OvBETIME IS ALLOWED. (1.) Non-textile factories and workshops and parts thereof where the material which is the subject of the manufacturing process or handicraft is liable to be spoiled by weather ; namely, — (a) Flax scutch mills ; and (b) Any factory or workshop or part thereof in which is carried on the making or finishing of bricks or tiles not being ornamental 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) Any factory or workshop or part thereof in which is carried on glue making ; and SCHED. 2.] OVEETIME. 197 (2.) Non-textile factories and workshops and parts thereof where press of work arises at certain recurring seasons of the year ; namely, — (f) Letter-press printing works ; and (g) Bookbinding works ; and any factory, workshop, or part thereof, in which is carried on the manufacturing process or handicraft of — (h) Lithographic printing ; or (i) Machine ruling ; or (k) Firewood cutting ; or (l) Bon-bon and Christmas present making ; or (m) Almanac making ; or (n) Valentine making ; or (o) Envelope making ; or (p) Aerated water making ; or (q) Playing card making ; and (3.) Non-textile factories and workshops and parts thereof where the business is liable to sudden press of orders arising from unforeseen events; namely, any factory or workshop, or part thereof, in which is carried on the manufacturing process or handi- craft of — (e) 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 making ; or (w) Job dyeing ; and (4.) Any part of a factory (\fhether textile or non- textile) 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. !Por other factories and workshops to which the exception allowing overtime employment of women for press of work has been extended by Order of the Secretary of State, see note (d) to Sec. 49, ante, pp. 65 to 67. 198 FACTORY AND WORKSHOP ACT, 1901. [SCHED. 3. Se''«o'»88- THIED SCHEDULE. Ebgulations as to Geinding in Tenement Factoey. (1.) Boards to fence the shafting and pulleys, locally known as drum boards, must be provided and kept in proper repair. (2.) Hand rails must be fixed over the drums and kept in proper repair. (3.) Belt guards, locally known as Scotchmen, must be provided and kept in proper repair. (4.) Every floor constructed on or after the first day of January one thousand eight hundred and ninety-six must be so constructed and maintained as to facilitate the removal of slush, and all necessary shoots, pits, and other conveniences must be provided for facilitating such removal. (5.) Every grinding room or hull established on or after the first day of January one thousand eight hundred and ninety-six must be so constructed 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 must be closely fenced. (7.) Except in pursuance of a special exemption granted by the Secretary of State, a grindstone must not be run before any fire-place or in front of another grindstone. By an Order of the Secretary of State dated tte 25th October, 1897, which continues to have efiect as if made in pursuance of this Act (Sec. 161 (2)), a special exemption was granted that this 7th regulation should not apply to the running of any grindstone in front of — Bolster stones used by table-blade grinders, and Humping and shank stones used by scissors-grinders. (8.) A grindstone erected on and after the first day of January one thousand eight hundred and ninety-six must not be run before any door or other entrance. SCHED. 4.J TABLE OF HUMIDITY. 199 FOUETH SCHEDULE. CoTioN Cloth Factokies. TABLE. Maximttm Limits of Httmibity of the Atmosphere at given Tempeeatub.es. Sections 90—92, 9S. I. II. m. IV. Grains of Vapour per Cubic Foot of Air. Dry Bulb Thermo- meter Beadiogs. Degrees Falirenheit. Wet Bulb Thermo- meter Eeadings. Degrees Fahrenheit. Percentage of Humidity. Saturation = 100. 1-9 35 33 80 20 36 34 82 2-1 37 35 83 2-2 38 86 83 2-3 39 37 84 2-4 40 38 84 2-5 41 39 84 2-6 42 40 85 2-7 43 41 84 2-8 44 42 84 2-9 45 43 85 3-1 46 44 86 3-2 47 45 86 3-3 48 46 86 3-4 49 47 86 3-5 50 48 86 3-6 61 49 86 3-8 52 50 86 3-9 53 51 86 4-1 54 52 86 4-2 55 53 87 4-4 56 54 87 4-5 57 55 87 4-7 58 56 87 4-9 59 57 88 5-1 60 58 88 5-2 61 59 88 5 -4 62 60 88 5-6 63 61 88 5-8 64 62 88 6-0 65 63 88 6-2 66 64 88 6-4 67 65 88 6-6 68 66 88 6-9 69 67 88 200 FACTORY AND W0EK8H0P ACT, 1901. [SCHED. 4. Table of Htimiditt — continued. I. II. III. IV. Grains of Vapotir per Cabic Foot of All. Dry Bulb Thermo- meter Eeadings. Degrees Fahrenheit. Wet Bulb Thermo- meter Headings. Degrees Fahrenheit. Humidity. Saturation = 100. 7-1 70 68 88 1-1 71 68-3 85-5 7-1 72 69 84 7-4 73 70 84 7-4 74 70-3 81-5 7-65 75 71-5 81-5 7-7 76 72 79 8-0 77 73 79 8-0 78 73-5 77 8-2o 79 74-5 77-5 8-55 80 75-5 77-5 8-6 81 76 76 8-65 82 76-3 74 8-85 83 77-5 74 8-9 84 78 72 9-2 83 79 72 9-5 86 80 72 9-53 87 80-3 71 9-9 88 . 81-5 71 10-23 89 82-5 71 10-3 90 83 69 10-33 91 83-3 68 10-7 92 84-3 68 11-0 93 83-5 68 11-1 94 86 66 11-5 93 87 66 11-8 96 88 66 11-9 97 88-3 63-5 12-0 98 89 64 12-3 99 90 64 12-7 100 91 64 As to the modification of the above table in the case of factories in which the spinning of merino, cashmere, or wool by the ' ' French " or "dry" piocess is carried on, see note ((2) to Sec. 96, ante, p. 114. SCHED. 4.J EEADINGS OF THERMOMETERS. 201 Form of Eecobd. Form for Eboordikg the EBADnfas of the Thermometers. Name of Occupier Address of Factory Number or Designation Process carried on Number of Operatives , Cubic contents cubic feet. Boom Sate. READmos OF Thermoueters IK Deqrees Fahbenhbit. If no Artificial Humidity is Tear Between 7 and 8 a.m. Between 10 and 11 a.m. Between 3 and i p.m. piodnced in the 24 hours, insert in Month and Day, BiS. Wet Bulb. Dry Bulb. Wet Bulb. Dry Bulb. Wet Bulb. column "None." 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 (Signed) Occupier or Manager. 202 FACTORY AND WOEKSHOP ACT, 1901. [SCHED. 5. Section 124. FIFTH SCHEDULE. Fees of Ceetipying Subgeons. Past I. Fees on Examination fok Cbktificates of Fitness fob Employment. / 2s, 6d, for each visit, and 6d. fob each, person after the first five examined at that visit; and also if the factory or workshop is more than one mile from the surgeon's residence, 6d. for each complete half mile over and above the mile. When the examination is at the factory or ■workshop 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 that place as well as the day and hour appointed for the purpose has been published in the prescribed manner. . / ■ 6d. for each person examined. Paet n. Fees on Examination bt direction of Secretaut of State on in pxtrsuance of regulations under this act. When the number of hands is under 10 . . 2s. 6d. per visit. 20 . . 3s. 30 . . 3s. 6d. 50 . . 4s. 75 . . 4s. ed. 100 . . 5s. over 100 . . 7s. 6d. With the addition of Is. for every mile or part of a mile in excess of one mile from the surgeon's residence. SCHKD. 6.] NON-TEXTILE FACTOKIES. 203 SIXTH SCHEDULE. List of FaOTOEIES and WoEKSHOPS. Sections 54, 149, 156. Paet I. Non-Textile Eactoeibs. (1.) " Print works," that is to say, any premises in " Prfnt^ which any persons are employed to print figures, pat- ^""^ ^' terns, 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, "Bleaching any premises in which the processes of bleaching, beet- ^rks5^™^ ling, dyeing, calendering, finishing, hooking, lapping, and making up and packing any yarn or cloth of any material, or the dressing or finishing of lace, or any one or more of such processes, or any process incidental thereto, are or is carried on ; Premises in which, the processes of hooking, lapping, making up and packing cloth are carried on are bleaching and dyeing works within this definition, even if none of such processes are carried on as incidental to bleaching or dyeing {Rogers v. Manchester Packing Go. [1898] 1 Q. B. 344). (3.) "Earthenware works," that is to say, anyplace "Sarthen- in which persons work for hire in making or assisting in ^^^"^ works." making, finishing, or assisting in finishing, earthenware or china of any description, except bricks and tiles not being ornamental tiles ; (4.) "Lucifer-match works," that ia to say, anyplace "Lucifer- in which persons work for hire in making lucifer matches, match works." or in mixing the chemical materials for making them, or in any process incidental to making lucifer matches, except the cutting of the wood ; (5.) " Percussion-cap works," that is to say, any place "Percussion in which persons work for hire in making percussion ''^P ^°'^^^" caps, or in mixing or storing the chemical materials for making them, or in any process incidental to making percussion caps ; 204 FACTOBY AND WORKSHOP ACT, 1901. [SCHED. 6. " Cartridge works." " Paper- Btainiog works." "Fustian- cutting works." " Blast furnaces." " Copper mills." "Iron mills." " Foundries." " Metal and india-rubber works." " Paper mills." (6.) " Cartridge works," that is to say, any place in which persons work for hire in making cartridges, or in any process incidental to making cartridges, except the manufacture of the paper or other material 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 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 which persons work for hire in fustian-cutting ; (9.) " Blast furnaces," that is to say, any blast fur- nace or other furnace or premises in or on which the process of smelting or otherwise obtaining any metal from the ores is carried on ; (10.) " Copper mills " ; (11.) "Iron mills," that is to say, any mill, forge, or other premises, in or on which any process is carried on for converting iron into malleable iron, steel, or tin plate, or for otherwise making or converting steel ; (12.) " Foundries," that is to say, iron foundries, copper foundries, brass foundries, and other premises or places in which the process of founding or casting any metal is carried on; 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 ; (13.) " Metal and india-rubber 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 manufacture of any article of metal not being machinery, or in the manufacture of india-rubber or gutta-percha, or of articles made wholly or partially of india-rubber or gutta-percha; (14.) " Paper mills," that is to say, any premises in which the manufacture of paper is carried on ; SCHED. 6.] NON-TEXTILE FACTORIES, ETC. 205 (15.) " Glass works," that is to say, any premises in " Glass^ ■which the manufacture of glass is carried on ; (16.) " Tobacco factories," that is to say, any "Tobacco premises in which the manufacture of tobacco is carried on ; (17.) " Letter-press printing works," that is to say, " Letter-press any premises in which the process of letter-press ^orks/^ printing is carried on; (18.) "Bookbinding works," that is to say, any "Bookbinding premises ia which the process of bookbinding is carried ^°^ ' on; (19.) " Flax scutch mills " ; mab"'°''*°'' (20.) " Electrical stations," that is to say, any premises "Electrical or that part of any premises in which electrical energy stations." is generated or transformed for the purpose of supply by way of trade, or for the lighting of any street, public place, or public building, or of any hotel, or of any railway, mine, or other industrial undertaking. Paet II. Non-Textile Factoeies and Workshops. The following premises and •places (21) to (28) are factories if therein, or within the close or curtilage or precincts thereof, mechanical power is used in aid of the manufacturing process carried on there. If such power is not so used, they are workshops (Sec. 149). (21) "Hat works," that is to say, any premises in "Hat works," which the manufacture of hats or any process incidental to their manufacture is carried on ; (22.) " Eope works," that is to say, any premises "I'ope, being a ropery, ropewalk, or rope work, in which is carried on the laying or twisting or other process of pre- paring or finishing the lines, twines, cords, or ropes, and in which machinery 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 works." 206 FACTORY AND WORKSHOP ACT, 1901, [sCHED. 6. " Bake- houses." " Lace warehouses." " Ship- building yards." joining or forming part of a textile factory, except such communication as is necessary for the transmission of power ; Eope works in whicli machinery moved by mechanical power is used for drawing or spinning the fibres of flax, hemp, jute, or tow, are textile factories. (23.) " Bakehouses," that is to say, any places in which are baked bread, biscuits, or confectionery from the baking or selling of which a profit is derived ; (24.) " Lace warehouses," that is to say, any premises, room, or place not included in bleaching and dyeing works as herein-before 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 ; (25.) " Shipbuilding yards," that is to say, any premises in which any ships, boats, or vessels used in navigation, are made, finished, or repaired ; A dock does not become a shipbuilding yard within the meaning of this definition merely because a ship lying in the dock is being repaired or finished. In Spencer v. Livett [1900] 1 Q,. B. 498, a case arising under the Workmen's Compensation Act, 1897, an accident happened to a workman engaged in repairing a ship lying in a public dock at Southampton. The County Court Judge found as facts that it was in the usual and ordinary course for ships to be repaired in the dock in question ; that the ship was in dock for the purpose of repairs; and that the ship's engine and crane were being used in the execution of the repairs ; and that the dock was a ship- building yard. The Court of Appeal reversed this decision, holding that the dock could not properly be said to be a shipbuilding yard within the definition. In Jackson v. Rodger, 1900, 2 Fraser, 533, a firm of shipbuilders had contracted to build a steamship, including her engines. After being launched at their shipbuilding yard, the ship was taken to a pubUo dock for the purpose of having her engines erected and fitted by another firm with whom the first-mentioned firm had contracted for the engines. The Court of Session held that the dock was not a shipbuilding yard. (See also Brown v. Herriot, 1899, 33 Ir. T. L. E. 123 ; Low v. Ahernethy, 1900, 2 Eraser, 722.) SCHEDS. 6, 7.] NON-TEXTILE FACTOEIES, ETC. 207 (26.) "Quarries," that is to say, any place, not being "Quarries." a mine, in which persons work in getting slate, stone, coprolites or other minerals ; With regard to quarries which are more than twenty feet deep in any part, the powers of factory inspectors under this Act are transferred by the Quarries Act, 1894 (57 & 58 Vict. c. 42), s. 3, to inspectors under the Metalliferous Mines Regulation Acts, 1872 and 1875. (27.) "Pit-banks," that is to say, any place above "Pit-banks." ground adjacent to a shaft of a mine, in which place the employment of women is not regulated by the Coal Mines Eegulation Act, 1887, or the Metalliferous Mines 50 & 51 Vict. Eegulation Act, 1872, whether such place does or does ak^i'Qc v * not form part of the mine within the meaning of those c 77. Acts. The Coal Mines Eegulation Act, 1887, does contain regulations as to the employment of women above ground, but the Metalliferous Mines Eegulation Act, 1872, does not. The pit-bants of metal- liferous mines are therefore factories or workshops within this definition, but the pit-banks of coal mines are not. (28.) Dry cleaning, carpet beating, and bottle washing works. SEVENTH SCHEDULE. Part I. Enactments bepealed as erom the Commencement OF THIS Act. Section 161. Session and Chapter. Title of Act. Extent of Eepeal. 41 & 42 Vict. c. 16. The Factory and Workshop Act, 1878. The whole Act. 46 & 47 Vict. c. 53. The Factory and Workshop Act, 1883. The whole Act. 52 & 53 Viet. c. 62. The Cotton Cloth Factories Act, 1889. The whole Act. 208 FACTORY AND WORKSHOP ACT, 1901. [sCHED. 7. EnAOTMBNTS EUPEAIED — continued. Session and Chapter. 54 & 55 Vict. 0. 75. 58 &'59 Vict. c. 37. 60 & 61 Vict. c. 58. 63 & 64 Vict. c. 27. Title of Act. The Factory and Workshop Act, 1891. The Factory and Workshop Act, 1895. The Cotton Cloth Factories Act, 1897. The Railway Employment (Prevention of Accidents) Act, 1900. Extent of Bepeal. The whole Act except sec- tions eight, nine, ten, and twelve, and the First Schedule. The whole Act except sec- tion twelve, sub-section three of section twenty- four, and section twenty- eight. The whole Act. In sub-section three of sec- tion thirteen the words "factory workshop or" wherever they occur, and the words " the occupier of the factory or work- shop or." Part n. EWAOTMENTS REPEALED FROM A DATE TO BE FIXED BY OrDEK OF THE Secretary of State (a). SesBion and Chapter. Short Title. Extent of Bepeal. 64 & 55 Vict. c. 75. 58 & 69 Vict. 0. 37. The Factory and Workshop Act, 1891. The Factory and Workshop Act, 1895. Sections eight, nine, ten, and twelve, and the First Schedule. Section twelve. Sub-section three of section twenty-four. Section twenty-eight. (a) These enactments relate to the making and enforcing of Special Eules for dangerous trades. They are set out, together with the Special Eules now in force, in Appendix A. APPENDIX A. The following enactments are repealed by the Act o/1901 as from a date to be fixed by Order of the Secretary of State. THE FACTORY AND WORKSHOP ACT, 1891. (54 & 55 Vict. c. Y5.) Special Rules and Requirements, 8. — (1.) Where tlie Secretary of State certifies that in his opinion any machinery or process or particular description of manual labour used in a factory or workshop (other than a domestic workshop) is dangerous or injurious to health or dangerous to life or limb, either generally or in the case of women, children, or any other class of persons, or that the provision for the admission of fresh air is not sufficient, or that the quantity of dust generated or inhaled in any factory or workshop 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 inspector 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 tiie case may be, the requirement shall be observed. (3.) If the notice of objection suggests any modification of the rules or requii-ement, the Secretary of State shall consider the suggestion and may assent thereto with or without any further modification which may be agreed on between the Secretary of State and the occupier, and thereupon the rules shall be established, or, as the case may be, the requirement shall be observed, subject to such modification. (4.) If the Secretary of State does not assent to any objection or modification suggested as aforesaid by the occupier, the matter F.A. 14 Special rules and require- ments as to dangerous and un- healthy inci- dents of em- ployment. 210 APPENDIX A. Penalty for contraven- tion of special rules or require- ment. Amendment of special lules. in difference between the Secretary of State and the occupier shall be referred to arbitration 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. (7.) No person shall be precluded by any agreement from doing, or be liable under any agreement to any penalty or forfeiture for doing, such acts as may be necessary in order to comply with the provisions of this section. See Sees. 24 (3) and 28 (1) of the Act of 1895, pout, p. 213. 9. — (1.) If any person who is boimd to observe any special rules established for any factory or workshop under this Act acts in contravention of, 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 summary conviction to a fine not exceeding ten pounds, unless he proves that he had taken all reasonable means, by pubUshing and to the best of his power enforcing, the rules to prevent the contravention or non-compliance. (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. As to tenement factories, see Sec. 24 (3) of the Act of 1895, post, p. 213. 10. — (1.) After special rules are established 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 amendm.ent 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. As to tenement factories, see Sec. 24 (3) of the Act of 1895, post, p. 218- FACTORY AND WORKSHOP ACT, 1891. 211 12. An inspector shall, when required, certify a copy which is Certified ehown to his satisfaction to be a true copy of any special rules for g°g '?^ i the time being established under this Act for any factory or work- to be evi- shop, and a copy so certified shall be evidence (but not to the denoe. exclusion of other proof) of those special rules, and of the fact that they are duly established under this Act. FiBST Schedule. 1. The parties to the arbitration are in this schedule 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. As to the representation of workmen on the arbitration, see Sec. 12 of the Act of 1895, ■post, p. 213. 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 arbitration 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 proceedings 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 matter in difference, and in that case the award of the 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 proceed to hear and determine the matter in difference, and in that ease the award of the single arbitrator shall be final. 8. In either of the foregoing cases where an arbitrator 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 occurred. 9. If the arbitrators fail to make their awaxd within twenty-one 14—2 212 APPENDIX A. days after the day on -whioh the last of them was appointed, or within such extended time (if any) as may have heen appointed for that purpose by both arbitrators under their hands, the matter in difference shall be determined by the umpire appointed as herein- after mentioned. 10. The arbitrators, before they enter on the matter referred to them, shall appoint by writing under their hands an umpire to decide on points on which they may diffeir. 11. If the umpire dies or becomes incapable of acting before he has made his award, or refuses to make his award within a reason- able 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 shaU 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 arbitrator 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 examine the parties and their witnesses on oath, and may also consult any counsel, engineer, or scientific person whom they may think it expedient to consult. 17. The payment, if any, to be made to any arbitrator or umpire for his services shaU. 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, according 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 amoimt, 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. FACTOEY AND WOEKSHOP ACT, 1895. 213 THE FAOTOEY AND WOEKSHOP ACT, 1895. (58 & 39 Vict. o. 37.) 12. — Where any matter in diflerence is referred to arbitration Eepresenta- iinder section eight of the Act of 1891, the arbitrator or umpire *'°'^ °* work- may, on the application of any of the workmen employed in the arbitration as class of employment to which the arbitration relates, and on such to special security, if any, as may appear to the arbitrators or tmipire sufficient rules, to provide for the costs of and consequential on the application, appoint any person to represent the workmen, 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. 24.— (3.) Sections 8 to U of the Act of 1891, shall, if and as far as in the case of a tenement factory the Secretary of State by order so directs, apply as if the owner of the factory were substituted for the occupier. 28. — (1.) Sectioneightof the Act of 1891 shall extend to authorise Power to the making of special rules or requirements prohibitiag the employ- prohibit or ment of, or modifying or limiting the period of employment for, all emoTovment or any classes of persons in any process or particular description of in dangerous manual labour which is certiiied by the Secretary of State in pur- trade, suance of that section to be dangerous or injurious to health, or dangerous to life or limb. Provided that any special rules or requirements under this section 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 8 to 12 of the Act of 1891 are hereby declared to extend to workshops conducted on the system of not employing any chUd, young person, or woman therein. SPECIAL EULES. The following are the Special Eules now in force for employments which have been certified to be dangerous or injurious to health under Sec. 8 of the Act of 1891. See note to Sec. 79 of the Act of 1901, ante, pp. 99-101. If any person who is bound to observe any of these Eules acts in contravention of, or fails to comply with, any such Eule, he is liable to a penalty; and the occupier is also liable to a penalty, unless 214 APPENDIX A. he proves that he has taken all reasonable means, by publishing, and to the best of his power enforcing, the Eules, to prevent the contravention or non-compliance (see Sec. 9 of the Act of 1891). Chamber process. CorrosioDs. "WHITE LEAD PACT0EIE8. In theae Rules "person employed in a lead process " means a person who is employed in amy work or process involving exposure to white lead, or to lead or lead compounds used in its mam/ufacture, or who is admitted to amy room or part of the factory where such process is carried on. Any approval given hy the Chief Inspector ofFadories in pursuance of Rules 2, 4, 6, 9, or 12 shall he given in writing, and may at any time he revoked hy notice in writing signed hy him. Duties of Occtjpiees. New works. 1. On and after July Ist, 1899, no part of a white lead factory shall be constructed, structurally altered, or newly used, for any process in which white lead is manufactured or prepared for sale, unless the plans have previously been submitted to and approved in writing by the Chief Inspector of Factories. Stacks. 2. — (a) Every stack shall be provided with a standpipe and movable hose, and an adequate supply of water distributed by a rose. White beds. (b) Every white bed shall, on the removal of the covering boards, be effectually damped by the means mentioned above. Where it is shown to the satisfaction of the Chief Inspector of Factories that there is no available public water service in the district, it shall be a sufficient compliance with this Eule if each white bed is, on the removal of the covering boards, effectually damped by means of a watering can. 3. Where white lead is made by the Chamber process, the chamber shall be kept moist whilst the process is in operation, and the corrosions shall be effectually moistened before the chamber is emptied. 4. — (a) Corrosions shall not be earned except in trays of impervious material. (b) No person shall be allowed to carry on his head or shoulder a tray of corrosions which has been allowed to rest directly upon the corrosions, or upon any surface where there is white lead. (o) All corrosions before being put into the rollers or washbecks, shall be effectually damped, either by dipping the tray containing them in a trough of water or by some other method approved by the Chief Inspector of Factories. Boilers. s. The flooring round the rollers shall either be of smooth SPECIAL EULES. 215 cement or be covered with sheet lead, and shall be kept constantly moist. 6. On and after January 1st, 1901, except as herein-after Drying stoves, provided — (a) Every stove shall have a window, or windows, with a total area of not less than eight square feet, made to open, and so placed as to admit of effectual through ventilation. (b) In no stove shall bowls be placed on a rack which is more than ten feet from the floor. (o) Bach bowl shall rest upon the rack and not upon another bowl. (d) No stove shall be entered for the purpose of drawing until the temperature at a height of five feet from the floor has fallen either to 70° F., or to a point not more than 10° F. above the temperature of the air outside. (e) In drawing any stove or part of a stove there shall not be more than one stage or standing place above the level of the floor. Provided that if the Chief Inspector approves of any other means of ventilating a stove, as allowing of effectual through ventilation, such means may be adopted, notwithstanding paragraph (a) of this Eule ; and if he approves of any other method of setting and drawing the stoves, as efleotuaUy preventing white lead from falling upon any worker, such method may be followed, notwithstanding paragraphs (b) and (b) of this Rule. 7. No person shall be employed in drawing Dutch stoves on Drawing more than two days in any week. Dutch stoves. 8. No dry white lead shall be deposited in any place that is not Deposit of dry provided either with a cover or with a fan eflectuaUy removing the white lead, dust from the worker. 9. On and after January 1st, 1900, the packing of dry white lead Packing, shall be done only under conditions which secure the eSeotual removal of dust, either by exhaust fans or by other efficient means approved in each case by the Chief Inspector of Factories. This Eule shall not apply where the packing is effected by mechanical means entirely closed in. 10. The floor of any place where packing of dry white lead is carried on shall be of cement, or of stone set in cement. 11. No woman shall be employed or allowed in the white beds. Employment rollers, washbecks, or stoves, or in any place where dry white lead o£ women. is packed, or in other work exposing her to white lead dust. 12. — (a) a duly qualified medical practitioner (in these Eules Weekly referred to as the "appointed surgeon") shall be appointed by medical the occupier for each factory, such appointment to be subject to ^^■'"''^ 'od. the approval of the Chief Inspector. 216 APPENDIX A. Health register. Medical attendance. Eespirators, oyeralla, head- coverings. Dining-room, cloak-room. Food. Sanitary drink. liavatory. (b) No person shall be employed in a lead process for more than, a week without a certificate of fitness granted after examination by the appointed surgeon. (c) Every person employed in a lead process shall be examined once a week by the appointed surgeon, who shall have power to order suspension from employment in any place or process. (d) No person after such suspension shall be employed in a lead process without the written sanction of the appointed surgeon. (e) a register in a form approved by the Chief Inspector of Pactories shall be kept, and shall contain a list of all persons employed in lead processes. The appointed surgeon will enter in the register the dates and results of his examinations of the persons employed, and particulars of any directions given by him. The register shall be produced at any time when required by H.M. Inspectors of Paotories, or by the certifying surgeon, or by the appointed surgeon. 13. Upon any person employed in a lead process complaining of being unwell, the occupier shall, with the least possible delay, give an order upon a duly qualified m.edical practitioner. 14. The occupier shall provide and maintain sufficient and suitable respirators, overalls, and head-coverings, and shall cause them, to be worn as directed in Eule 29. At the end of every day's work they shall be collected and kept in proper custody in a suitable place set apart for the purpose. They shall be thoroughly washed or renewed every week ; and those which have been used in the stoves, and all respirators, shall be washed or renewed daily. 15. The occupier shall provide and maintain a dining-room and a cloak-room in which workers can deposit clothing put off during working hours. 16. No person employed in a lead process shall be allowed to prepare or partake of any food or drink except in the dining-room or kitchen. 17. A supply of a suitable sanitary drink, to be approved by the appointed surgeon, shall be kept for the use of the workers. 18. The occupier shall provide and maintain a lavatory for the use of the workers, with soap, nail-brushes, and at least one lavatory basin for every five persons employed. Bach such basin shall be fitted with a waste pipe. There shall be a con- stant supply of hot and cold water laid on, except where there is no available public water service, in which case the provision of hot and cold water shall be such as shall satisfy the inspector in charge of the district. The lavatory shall be thoroughly cleaned and supplied with clean towels after every meal. SPECIAL RULES. 217 ADowance of time for washing. There shall, in addition, be means of washing in close proximity to the workers of each department, if required by notice in writing from the inspector in charge of the district. There shall be facilities, to the satisfaction of the inspector in charge of the district, for the workers to wash out their mouths. 19. Before each meal, and before the end of the day's work, at least ten minutes in addition to the regular meal times, shall be allowed to each worker for washing. A notice to this efiect shall be afi&xed in each department. 20. The occupier shall provide and maintain sufficient baths and Baths, dressing rooms for all persons employed in lead processes, with hot and cold water, soap, and towels, and shall cause each such person to take a bath once a week at the factory. A bath register shall be kept, containing a list of all persons Bath register, employed in lead processes, and an entry of the date when each person takes a bath. This register shall be produced at any time when required by H.M. Inspectors of Factories or by the certifying surgeon or by the appointed surgeon. 21. The dressing-rooms, baths, and w.c.'s shall be cleaned daily. 22. The floor of each workroom shall be cleaned daily, after being thoroughly damped. Cleaning floors. Duties op Peksons Emploted. 23. No person shall strip a white bed or empty a chamber without previously effectually damping as directed in Eules 2 and 3. 24. No person shall carry corrosions, or put them into the rollers or washbecks, otherwise than as permitted by Eule 4. 25. No person shall set or draw a stove otherwise than as permitted by Eules 6 and 7. 26. No person shall deposit or pack dry white lead otherwise than as permitted by Etdes 8 and 9. 27. Every person employed in a lead process shall present himself at the appointed times for examination by the appointed surgeon, as provided in Eule 12. 28. No person, after suspension by the appointed surgeon, shall work in a lead process without his written sanction. 29. Every person engaged in — White beds, Packing, Emptying chambers. Paint mixing, EoUers, washbecks, or grinding, Handling dry white lead, Setting or drawing stoves, or in any work involving exposmre to white lead dust, shall, while so occupied, wear an overall suit and head-covering. Every person engaged in stripping white beds, or in emptying Corrosions. Stoves. Packing. Weekly medical examination. Bespirators, overalls, head- coverings. 218 APPENDIX A. Washing. Baths. Food. Ventilation. Eeporting neglect of Tales. False pretences. chambers, or in drawing stoves, or in packing, shall, in addition, wear a respirator while so occupied. 30. Every person engaged in any place or process named in Eule 29 shall, before partaking of meals or leaving the premises, deposit the overalls, head-coverings, and respirators in the place appointed by the occupier for the purpose, and shall thoroughly wash face and hands in the lavatory. 31. Every person employed in a lead process shall take a bath at the factory at least once a week, and wash in the lavatory before bathing; having done so, he shall at once sign his name in the bath register, with the date. 32. Kg person employed in a lead process shall smoke or use tobacco in any form, or partake of food or drink, elsewhere than in the diaing-room or kitchen. 33. No person shall in any way interfere, without the knowledge and concurrence of the occupier or manager, with the means and appliances provided for the removal of dust. 34. The foreman shall report to the manager, and the manager shall report to the occupier, any instance coming under his notice of a worker neglecting to observe these Bules. 35. No person shall obtain employment under an assumed name or under any false pretence. PE0CESSE8 IN THE MANUEAOTUEE OF PAINTS, COLOUES, AND IN THE EXTEAOTION OP AESBNIC. Duties of Occupiers. They shall provide washing conveniences, with a sufficient supply of hot and cold water, soap, nail-brushes, and towels, and take measures to secure that every worker wash face and hands before meals, and before leaving the works ; and, in addition to the above, sufficient bath accommodation for the use of all persons employed in the manufacture of Milan red, vermUionette, or Persian red. They shaU. provide suitable respirators and overall suits, kept in a cleanly state, for all workers engaged in any department where dry white lead or arsenic is used in either the manufacture or paint mixing, and overall suits for those engaged in grinding in water or oil, and for all workers in Milan red, vermilionette, or Persian red, wherever dust is generated. They shall provide a sufficient supply of approved sanitary drink, which shall be accessible to the workers at all times, and shall cause such approved sanitary drink to be taken daily by workers in any department where white lead or arsenic is used in the manufacture, and shall provide a supply of aperient medicine, which shall be given to the workers, when required, free of charge. SPECIAL EULES. 219 No food shall be eaten in any part of the works where white lead or arsenic is used in the manufacture. Duties of Pebsoh's Employed. Every person to whom is supplied a respirator or overall suit shall wear the same when at the special work for which such are provided. Every person shall carefully clean and wash hands and face before meals and before leaving the works. No food shall be eaten in any part of the works in which white lead or arsenic is used in the manTif acture. No person shall smoke or use tobacco in any part of the works in which white lead or arsenic is used in the manufacture. FOR WORKS, OR PARTS OF WORKS, IN WHICH LEAD, ARSENIC, OR ANTIMONY IS USED IN THE ENAMEL- LINa OF IRON PLATES. Duties oi' Occupiers. 1. They shall provide washing conveniences with a sufficient supply of hot and cold water, soap, nail-brushes, and towels, and take measures to secure that every worker wash face and hands before meals and before leaving the works. 2. They shall provide suitable respirators, overall suits, and head- coverings for all workers employed in the processes of grinding, dusting, and brushing. 3. They shall adopt measures on and after the first day of October, 1894, in the dusting and brushing processes for the removal of all superfluous dust, by the use of perforated benches or tables supplied with fans to carry the dust down through the apertures of such benches or tables, the under part of which must be boxed in. 4. They shall provide a sufficient supply of approved sanitary drink, and shall cause the workpeople to take it. 5. They shall arrange for a medical inspection of all persons employed, at least once a month. They shall see that no female is employed without previous examination and a certificate of fitness from the medical attendant of the works. They shall see that no person who has been absent from work through illness shall be re-employed without a medical certificate to the effect that he or she has recovered. 6. Upon any person employed in the works complaining of being unwell, the occupier shall, with the least possible delay, and at his Layatoiies. _ iira- tOTS, overalls, head-cover- ings. Dust. Sanitary drink. Medical examination. Medical attendance. 220 APPENDIX A. Cloak-room. Eespira- tors, over- alls, head- coverings. Washing. Food. False pretences. own expense, give an order upon a doctor for professional attend- ance and mediciae. It is to be understood that this Eule will not apply to persons siiBering from complaints which have not been contracted in the process of manufacture. 7. They shall provide a place or places free from dust and damp in wMch the operatives can hang up the clothes in which they do not work. {It is recommended that they shall provide for each female before the day's work begins some light refreshment, such as a half -pint of milk and a biscuit.) Duties of Persons Employed. 8. Every person to whom is supplied a respirator or overall and head-covering shall wear the same when at the work for which such are provided. 9. Every person shall carefully clean and wash hands and face before meals and before leaving the works. 10. No food shall be eaten by any person in any part of the works except in the apartment specially provided for the purpose. 11. No person may seek employment rmder an assumed name or under any false pretence. Eespirators : — A good respirator is a cambric bag with or without a thin flexible wire made to fit over the nose. „ ., , . , /Sulphate of magnesia - 2 oz. ^ , J Water - - - - - 1 gallon °° \Essence of lemon, su£B.cient to flavour. LUCIFEE MATCH FACTOfilES IN WHICH WHITE OE YELLOW PHOSPHOEUS IS USED. Definitions. In these Exiles "phosphorus process" means mixing, dipping, drying, boxing, and any other work or process in which white or yellow phosphorus is used; and "person employed in a phos- phorus process" means any person who is employed in any room or part of the factory where such a process is carried on. " Double dipped matches " means wood splints both ends of which have been dipped in the igniting composition. "Certifying surgeon" means a surgeon appointed under the Factory and Workshop Acts. Any approval or decision given by the Chief Inspector of Factories in pursuance of these Eules shall be given in writing, and may at any time be revoked by notice in writing signed by him. Date of com- Eules 5 (a), 5 (b), 6, 8, and 19, so far as they aflect the employ- mencement of ment of adult workers, shall not come into force until the 1st day certain Boles. of October, 1900. SPECIAL RULES. 221 Ventilation. Air space. Lighting. Floor. Separate rooms. Duties of Employees. 1. No part of a luoifer match factory shall be constructed, struo- Plans, tuially altered, or newly used, for the carrying on of any phosphorus process, unless the plans have previously been submitted in duplicate to the Chief Inspector of Factories, and unless he shall have approved the plans in writing, or shall not within six weeks from the sub- mission of the plans have expressed his disapproval in writing of the same. 2. Every room in which mixing, dipping, drying or boxing is carried on — Shall be efficiently ventUated by means of sufficient openings to the outer air, and also by means of fans, unless the use of fans is dispensed with by order in writing of the Chief Inspector; Shall contain at least 400 cubic feet of air space for each person employed therein ; and in computing this air space no height above fourteen feet shall be taken into account ; Shall be efficiently lighted ; Shall have a smooth and impervious floor. A floor laid with flagstones or hard bricks in good repair shall be deemed to constitute a smooth and impervious floor. 3. — (a) The processes of mixing, dipping, and drying shall each be done in a separate and distinct room. The process of boxing double dipped matches or matches not thoroughly dry shall also be done in a separate and distinct room. These rooms shall not communicate with any other part of the factory unless there shall be a ventUated space intervening ; nor shall they communicate with one another, except by means of doorways with closely-fitting doors, which doors shall be kept shut except when some person is passing through. (b) Mixing shall not be done except in an apparatus so closed, or Mixing, so arranged, and ventilated by means of a fan, as to prevent the entrance of fumes into the air of the mixing room. (c) Dipping shall not be done except on a slab provided with an Dipping, efficient exhaust fan, and with an air inlet between the dipper and the slab, or with a hood so arranged as to draw the fumes away from the dipper, and to prevent them from entering the air of the dipping room. (d) Matches that have been dipped and cannot at once be removed Drying, to the drying room shall immediately be placed under a hood pro- vided with an efficient exhaust fan, so arranged as to prevent the fumes from entering the air of the room. (e) Matches shall not be taken to a boxing room not arranged in compliance with sub -section (f) of this Rule until they are thoroughly dry, and matches shall not be taken to a boxing room that is so arranged until they are dried so far as they can be before cutting down and boxing. 222 APPENDIX A. Boxing. Mechanical arrangements obviating hand labour. Phosphorus paste. Appointed dentist. (1.) Suspen- sion. (ii.) Prelimi- nary exami- nation, (iii.) Periodi- cal examina- tion. (iv.) Special examination in case of toothache, &c. (v.) Reference of oases to certifying surgeon. Exclusion of certain per- sons from employment in phosphorus processes. (f) Cutting down of double-dippedmatches and boxing of matches not thorougHy dry shall not be done except at benches or tables provided with an efficient exhaust fan, so arranged as to draw the fumes away from the worker and prevent them from entering the air of the boxing room. Provided that the foregoing Eule shall not prevent the employ- ment of any mechanical arrangement for carrying on any of the above-mentioned processes if the same be approved by the Chief Inspector as obviating the use of hand labour, and if it be used subject to the conditions (if any) specified in such approval. Provided further that if the Chief Inspector shall, on considera- tion of the special circumstances of any particular case, so approve in writing, all or any of the provisions of the foregoing Eule may be suspended for the time named in such approval in writing. 4. Vessels containing phosphorus paste shall, when not actually in use, be kept constantly covered, and closely-fitting covers or damp flannels shall be provided for the purpose. 5. — (a.) For the purposes of these Eules the occupier shall appoint, subject to the approval of the Chief Inspector, a duly qualified and registered dentist, herein termed the appointed dentist. It shall be the duty of the appointed dentist to suspend from employment in any phosphorus process any person whom he finds to incur danger of phosphorus necrosis by reason of defective conditions of teeth or exposure of the jaw. (b) No person shall be newly employed in a dipping room for more than twenty-eight days, whether such days are consecutive or not, without being examined by the appointed dentist. (c) Every person employed in a phosphorus process, except persons employed only as boxers of wax vestas or other thoroughly dry matches, shall be examined by the appointed dentist at least once in every three months. (d) Any person employed in the factory complaining of tooth- ache, or a pain or swelling of the jaw, shall at once be examined by the appointed dentist. (b) When the appointed dentist has reason to believe that any person employed in the factory is suffering from inflammation or necrosis of the jaw, or is in such a state of health as to incur danger of phosphorus necrosis, he shall at once direct the attention of the certifying surgeon and occupier to the case. Thereupon euch person shall at once be examined by the certifying surgeon. 6. No person shall be employed in a phosphorus process — after suspension by the appointed dentist ; or after the extraction of a tooth ; or after any operation involving exposure of the jaw bone ; or after Laflammation or necrosis of the jaw ; or SPECIAL RULES. 223 after examination by the appointed dentist in pursuance of Eule 5 (d) ; or after reference to tie certifying surgeon in pursuance of Eule 5 (b), unless a certificate of fitness tas been given, after examination, by signed entry in the health register, by the appointed dentist or by the certifying surgeon in cases referred to him under Eule 5 (e). 7. A health register, in a form approved by the Chief Inspector of Factories, shall be kept by the occupier, and shall contain a complete list of all persons employed in each phosphorus process, specifying with regard to each such person the full name, address, age when first employed, and date of first employment. The certifying surgeon wiU enter in the health register the dates and results of his examination, of persons employed in phosphorus processes, and particulars of any directions given by him. The appointed dentist will enter in the health register the date and results of his examinations of the teeth of persons employed in phosphorus processes, and particulars of any directions given by him, and a note of any case referred by him to the certifying surgeon. The health register shall be produced at any time when required by H.M. Inspectors of Factories, or by the certifying surgeon, or by the appointed dentist. 8. Except persons whose names are on the health register men- tioned in Eule 1, and in respect of whom certificates of fitness shaU liave been granted, no person shall be newly employed in any phos- phorus process for more than twenty-eight days, whether such days are consecutive or not, without a certificate of fitness, granted after examination by the certifying surgeon, by signed entry in the health register. This Eule shall not apply to persons employed only as boxers of wax vestas or other thoroughly dry matches. 9. The occupier shall provide and maintain sufficient and suitable overalls for aU persons employed in phosphorus processes, except for persons employed only as boxers of wax vestas or other thoroughly dry matches, and shaU. cause them to be worn as directed in Eule 20. At the end of every day's work they shall be collected and kept in proper custody in a suitable place set apart for the purpose. They shall be thoroughly washed every week, and suitable arrangements for this purpose shaU be made by the occupier, 10. The occupier shall provide and maintain — (a) a dining-room, and (b) a cloak-room in which workers can deposit clothing put off during working hours. Health register. (i.) Entries by occupier. (ii.) Entries by certifying surgeon. (iii.) Entries by appointed dentist. (iv.) Health register to be produced when required . Preliminary examination by certifying surgeon. Certificate of fitness. Overalls. Dining-room. Cloak-room. 224 APPENDIX A. Food, Lavatory. Additional means of washing where required. Mouth wash. Cleansing of floors. Copy of rules to be given to persons employed. Use of appliances provided by occupier under Bule 3. Phosphorus paste. Medical and dental examination. Toothache, &c., to be reported. 11. No person stall be allowed to prepare or partake of any food or drtnk in any room in which, a phosphorus process is carried on, nor to bring any food or drink into such room. 12. The occupier shall provide and maintain for the use of the workers a lavatory, with soap, nail-brushes, towels, and at least one lavatory basin for every five persons employed in any phosphorus process. Each such basin shall be fitted with a waste pipe, or the basins shall be placed on a trough fitted with a waste pipe. There shall be a constant supply of hot and cold water laid on to each basin. Or, in the place of basins, the occupier shall provide and main- tain enamel or galvanized iron troughs, in good repair, of a total length of two feet for every five persons employed,, fitted wij;h waste pipes and without plugs, with a suflBoient supply of warm water constantly available. The lavatory shall be kept thoroughly cleansed, and shall be supplied with a sufficient quantity of clean towels twice in each day. There shall, in addition, be means of washing in close proximity to the workers in any department if so required in writing by the inspector in charge of the district. 13. The occupier shall provide for the use of every person em- ployed in a phosphorus process an antiseptic mouth-wash approved by the appointed dentist, and a sufficient supply of glasses or cups. 14. The floor of each room in which a phosphorus process is carried on shall be cleared of waste at least once a day, and washed at least once a week. 15. A printed copy of these Eules shall be given to each person on entering upon employment in a phosphorus process. Duties op Persons Emplotkd. 16. No person shall work in a mixing, dipping, drying, or boxing room under other conditions than those prescribed in Eule 3. 17. No person shall allow a vessel containing phosphorus paste to remain uncovered except when actually in use. 18. All persons employed in a phosphorus process shall present themselves at the appointed times for examination by the certifying surgeon and appointed dentist, as provided in Eules 5, 6 and 8. 19. Every person employed in a phosphorus process and suffering from toothadie or sweUing of the jaw, or having had a tooth extracted, or having undergone any other operation involving exposure of the jaw, shall at once inform the occupier, and shall not resume employment in a phosphorus process without a certificate of fitness from the appointed dentist, as provided in Eule 6. SPECIAL EULES. 225 No person, after suspension by the appointed dentist, or after reference to the certifying surgeon, shall resume employment in a phosphorus process without a certificate of fitness, as provided in Eule6. 20. Every person employed in a phosphorus process for whom the occupier is required by Rule 9 to provide overalls shall wear while at work the overalls so provided. 21. Every person employed ia a phosphorus process shall, before partaking of meals or leaving the premises, deposit the overalls in the place appointed by the occupier for the purpose, and shall thoroughly wash in the lavatory. 22. No person shall prepare or partake of food or drink in any room in which a phosphorus process is carried on, or bring any food or drink in such room. 23. No person shall in any way interfere, without the knowledge and concurrence of the occupier or manager, with the means and appliances provided for the removal of dust and fumes. 24. Foremen and forewomen shall report to the manager any instance coming under their notice of a worker neglecting to observe these Eules. Exclusion from employ- ment in phosphorus processes. Overalls. Washing. Food. Means of removal of dust and fumes not to be interfered with. Foremen to report neglect of rules. THE MANUEACTURE OF EARTHENWARE AND CHINA. Duties of Occupiers. 1. After July 1st, 1901, no material containing lead which has Lead to be not been fritted shall be used in any of the following places : — fritted. Dipping house or dippers' drying room, or in any of the following processes : — Ware cleaning after the application of glaze by dipping or other process, Glost placing, Colour dusting (whether on-glaze or under-glaze). Colour blowing (whether on-glaze or under-glaze), Groundlaying, Painting in maJoKca or other glaze. Glaze blowing, Ijithographic transfer making, or in any other place or process in which materials containing lead are used or handled in the dry state (except for the making of fritts), or in the form of spray, or in suspension in liquid other than oil or similar medium. Provided that nothing in this Rule shall prevent the use of any ore or chemical compound of lead, which without the admixture of any other material conforms to the standard of insolubility specified in Rule 2. r.A. 15 226 APPENDIX A. Lead to be in insoluble form. Samples for analysis. Age and sex limits. Monthly examination. Health register. 2. After July Ist, 1902, no glaze shall be used 'wHoli yields to a dilute solution of hydrochloric acid more than two per cent, of its dry weight of a soluble lead compound calculated as lead monoxide when determined in the manner described below. A weighed quantity of dried material is to be continuously shaken for one hour, at the common temperature, with 1,000 times its weigbt of an aqueous solution of hydrochloric acid containing 0'25 per cent, of HOI. This solution is thereafter to be allowed to stand for one hour and to be passed through a filter. The lead salt contained in an aliquot portion of the clear filtrate is tben to be precipitated as lead sulphide and weighed as lead sulphate. 3. The occupier shall allow any of His Majesty's inspectors of factories to take at any time sufficient samples for analysis of any material in use or mixed for use. Provided that the occupier may at the time when the sample is taken, and on providing the necessary appliances, require the inspector to take, seal, and deKver to him a duplicate sample. 4. No woman, young person or chUd shall be employed in the mixing of unfritted lead compounds in the preparation or manufacture of fritts, glazes, or colours. 5. No person under 15 years of age shall be employed in any place or process included in Eule 1, or in the process of china scouring. Provided that nothing in this Bule shall prevent the employment of young persons over the age of 14 in any place or process (other than china scouring) in which all the materials used conform to the standard of insolubility specified in Eule 2. 6. Every person employed in a place or process included in Rule 1, or in the process of china scouring, shaU be examined once in each calendar month by the certifying surgeon for the district. The certifying surgeon may order, by signed certificate in the register, the suspension of any person from employment in any place or process included ia Rule 1, or in the process of china scouring ; and no person after such suspension shall be allowed to work in anyplace or process included in Rule 1, or in the process of china scouring, without a certificate of fitness from the certifying surgeon entered in the register. 7. A register, in the form which has been prescribed by the Secretary of State for use in earthenware and china works, shall be kept, and in it the certifying surgeon wiU enter the dates and results of his visits, the number of persons examined in pursuance of Rule 6, and particulars of any directions given by him. This register shall contain a list of all persons employed in the places and processes included in Rule 1, or in the process of china scouring. SPECIAL RULES. 227 and shall be produced at any time wlien required by His Majesty's Inspector of Factories or by tbe certifying surgeon. 8. The occupier shall provide and maintain suitable overalls and Overalls and head-coverings for all vromen and young persons employed in the head-cover- plaoes and processes included in Rule 1, or in the process of china eoouiing. No person shall be allowed to work in any place or process included in Eule 1, or in the process of china scouring, or in the mixing of unfritted lead compounds, without wearing suitable overalls and head- coverings. All overalls, head-coverings, and respirators, when not in use or being washed or repaired, shall be kept by the occupier in proper custody. They shall be washed or renewed at least once a week. Suitable arrangements shall be made for carrying out these requirements. A suitable place, other than that provided for the keeping of overalls, head-coverings, and respirators, shall be provided in which the above workers can deposit clothing put ofE during working hours. Provided that nothing in this Eule shall render it obligatory on any person engaged in drawing glost ovens to wear overalls and head-coverings. 9. No person shaU. be allowed to keep, or prepare, or partake of Food, any food or drink, or tobacco, or to remain during meal times, in the dipping house or dippers' drying room, or in a place in which is carried on any process included in Eule 1, or china scouring. The occupier shall make suitable provision to the reasonable satisfaction of the inspector in charge of the district for the accom- modation during meal times of persons employed in such places or processes, with a right of appeal to the Chief Inspector of Factories. Such accommodation shall not be provided in any room or rooms which are included in Eule 1, or in which china scouring is carried on, or in a lavatory. Suitable provision should be made for the deposit of food brought by the workers. 10. The processes of — Dust. Towing of earthenware, China scouring. Flat-knocking, Dry-flint sifting, Groundlaying, Ooloiu: dusting (whether on-glaze or under-glaze). Colour blowing (whether on-glaze or under-glaze), Glaze blowing, or Transfer making 15—2 228 APPENDIX A. BespiTatoiB. Ventilation. Lavatories. Cleansing of workplaces. shall not be carried on without the use of exhaust fans for the efiectual removal of dust, or other efficient means for the effectual removal of dust, to he approved in each psCrticular case by the Secretary of State, and under such conditions as he may from time to time prescribe. In the process of ware cleaning after the dipper, exhaust fans shall be used ; or alternatively, if the conditions be such that no dust is produced, arrangements shall be made for any glaze scraped off to fall into water. In aU processes the occupier shall, as far as practicable, adopt efficient measures for the removal of dust and for the prevention of any injurious effects arising therefrom. 11. No person shall be employed in the making of unfritted lead compounds, in the preparation or manufacture of fritts, glazes or colours containing lead without wearing a suitable and efficient respirator provided and maintained by the employer ; unless the mixing is performed in a closed machine or the materials are in such a condition that no dust is produced. 12. All drying stoves as well as all workshops and all parts of factories shall be effectually ventilated to the reasonable satisfaction of the inspector in charge of the district. 13. The occupier shall provide and continually maintain sufficient and suitable washing conveniences for aU persons employed in the places and processes included in Eule 1, or in the process of china BC0iu:ing, as near as practicable to the places in which such persons are employed. The washing conveniences shall comprise soap, nail-brushes and towels, and at least one wash-hand basin for every five persons employed as above, with a constant supply of water laid on, with one tap at least for every twobasins, and conveniences for emptying the same and running off the waste water on the spot down a waste pipe. There shall be at least two feet of standing room in front of each basin. ] 4. The occupier shall see that the floors of workshops and of such stoves as are entered by the workpeople are sprinkled and swept daily; that aU dust, scraps, ashes, and dirt are removed daily, and that the mangles, work benches, and stairs leading to workshops, are cleansed weekly. As regards every potter's shop and stove, and every place and process included in Eule 1, and the process of china scouring, the occupier shall cause the cleansing of floors to be done after other work has ceased for the day, and in the case of potters' shops, stoves, dipping-houses, and majolica painting rooms, by an adult male. SPECIAL KULE8. 229 15. The occupier shall cause the boards used in the dipping Boards, house, dippers' drying room, or glost placing shop to be cleansed every week, and shall not allow them to be used in any other department, except after being cleansed. DriiES OP Pbbsons Employed. 16. All persons employed in the places and processes included in Monthly Eule 1, or in the process of china scouring, shall present themselves examination, at the appointed time for examination by the certifying surgeon as provided in Rule 6. No person after suspension by the certifying surgeon shall work in anyplace or process included in Eule 1, or in the process of china scouring, without a certificate of fitness from the certifying surgeon entered in the register. 17. Every person employed in a place or process included in Overalls. Eule 1, or in the process of china scouring, or in the mixing of unfritted lead compounds, shall, when at work, wear an overall suit and head covering, and also a respirator when so required by Eule 11, which shall not be worn outside the factory or workshop, and which shall not be removed therefrom except for the purpose of being washed or repaired. All overalls and head-coverings shall be washed or renewed at least once a week. The hair must be so arranged as to be fully protected from dust by the head-covering. The overalls, head -coverings, and respirators, when not being worn, shall be deposited in the place specified by the occupier for the purpose. Clothing put off during working hours shall be deposited in the place provided for the purpose under Jlule 8. 18. No person shaR remain during meal-times in the dipping pood house, dippers' drying room, or in any place in which is carried on any process included in Eule 1, or in the process of china scouring; or introduce, keep, prepare, or partake of any food or drink or tobacco therein at any time. 19. No person shall in any way interfere, without the knowledge Ventilation and concurrence of the occupier or manager, with the means and Dust, appliances provided by the employers for the ventilation of the workshops and stoves and for the removal of dust. 20. No person employed in a place or process included in Eule 1, Washing, or in the process of china scouring, shall leave the works or partake of meals without previously and carefully cleaning and washing his or her hands. No person employed shall remove or damage the washing con- veniences provided vmder Eule 13. 230 Boards. Disuse of lead. APPENDIX A. 21. The boards used in tie dipping house, dippers' drying room, or glost placing shop shall not be used in any other department, except after being cleansed. AliTEENATIVB EULB FOB PbOCESSES IN "WBICH NO LHAD OR OTHER Poisonous Material is used. 22. If the occupier of the factory to which these Eules apply gives, with reference to any place or process included in Eule 1, an undertaking that no lead or lead compound or other poisonous material shall be xised, the Chief Inspector may approve in writing of the suspension of the operation of Eules 4, 6, 6, 7, 8, 15, 16, 17, and 21, or any of them, in such place or process ; and thereupon such Eule8]shall be suspended as regards the place or process named in the Chief Inspector's approval, and in lieu thereof the following rule shall take effect, viz. : no lead or lead compound or other poisonous material shall be used in any place or process so named. Age. Monthly examination. Health register. Overalls and head- coverings. MAKING TEANSFBES FOE BAETHENWAEE AND CHINA. Duties op Occupiers. 1. No person under 15 years of age shall be employed in making transfers for earthenware or china. 2. All women and young persons employed shall be examined once a month by the certifjring surgeon for the district, who shall after May 1st, 1899, have power to order suspension from emplo3rment. No person after such suspension shall be allowed to work without the written sanction of the certifying surgeon. 3. A register, in the form which has been prescribed by the Secretary of State for use in earthenware and china works, shall be kept, and in it the certifying surgeon wiU enter the dates and results of his visits, the number of persons examined, and particulars of any directions given by him. This register shall contain a list of all persons employed, and shall be produced at any time when required by H.M. Inspector of Factories or by the certifying surgeon. 4. The occupier shall provide and maintain suitable overalls and head-coverings for all women and young persons employed in rooms in which colour processes are carried on. All overalls and head-coverings shall be kept by the occupier in proper custody and shall be washed at least once a week, and suitable arrangements shall be made for carrying out requirements. SPECIAL RULES. 231 A suitable place shall be provided in wbicb the above workers can deposit clothing put off during working hours. It shall be a sufficient compliance with the requirements of this Eule as to head-coverings il they are made of suitable glazed paper and renewed once a week. The head-coverings shall be made so as completely to cover the hair and to the satisfaction of the inspector. 5. No person shall be allowed to prepare or partake of any food B"ood. or drink, or to remain during meal-times, in any place in which is carried on the making of transfers. The occupier shall make suitable provision to the reasonable satisfaction of the inspector in charge of the district for the accommo- dation during meal-times of persons employed in such places or processes, with a right of appeal to the Chief Inspector of Factories. 6. Transfer making shall not be carried on without the use of Dust, exhaust fans for the effectual removal of dust, or other efficient means for the effectual removal of dust, to be approved in each particular case by the Secretary of State, and under such conditions as he may from time to time prescribe. 1. The occupier shall provide and maintain sufficient and suitable Lavatories, washing conveniences for all persons employed, as near as is practicable to the places in which such persons are employed. The washing conveniences shall comprise soap, nail-brushes and towels, and at least one wash-hand basin for every five persons employed as above, with a constant supply of water laid on, with one tap at least for every two basins, and conveniences for emptying the same and running off the waste water on the spot down a waste pipe. Duties of Peesons Empioyiid. 8. All women and yoimg persons employed shall present them- Monthly selves at the appointed time for examination by the certifying examination, surgeon as provided in Eule 2. No person after suspension by the certifying surgeon shall work without the written sanction of the certifying surgeon. 9. Every person employed in any room in which colour processes Overalls, are carried on shall, when at work, wear an overall suit and head- covering, which shall not be worn outside the factory or workshop, and which shall not be removed therefrom except for the purpose of being washed. All overalls and head-coverings shall be washed or renewed at least once a week. The overalls and head-coverings, when not being worn, shall be deposited in the place provided for the purpose under Eule 4. Clothing put ofl during working hours shall be deposited in the place provided for the purpose under Eule 4. It shall be a sufficient compliance with the requirements of this 232 APPENDIX A. Food. Ventilation. Dust. Washing. Bule as to head-coverings if they are made of suitable glazed paper and renewed once a week. The head-coverings shall be made so as completely to cover the hair and to the satisfaction of the inspector. 10. No person shall remain during meal-times in any place in which is carried on the making of transfers ; or prepare or partake of any food or drink therein at any time. 11. No person shall in any way interfere, without the knowledge and concurrence of the occupier or manager, with the means and applifl,nces provided by the employers for the ventilation of the workshops and for the removal of dust. 12. No person employed shall leave the works or partake of meals without previously and carefully cleaning and washing his or her hands. THE MANUFACTURE OF EXPLOSIVES IN WHICH DI-NTTEO-BENZOLE IS USED. 1. No person to be employed without a medical certificate, stating that he or she is physically fit for such employment. 2. An examination of the workers at their work to be made at least once a fortnight by a certifying surgeon, who shall have power to order temporary suspension or total change of work for any person showing BjTnptoms of suffering from the poison, or if after a fair trial he is of opinion that any person is by constitution unfit, he shall direct that such person shall cease to be employed. 3. A supply of fresh milk, and of any drug that the medical officer may consider desirable, shall be kept where the workers in his opinion may require it. 4. No meals to be taken in the workrooms. 5. There shaU be provided separate lavatories for men and women, with a good supply of hot water, soap, nail-brushes, and towels, and whenever the skin has come in contact with di-nitro-benzole, the part shall be immediately washed. 6. Overall suits and head-coverings shall be supplied to aU workers in shops where di-nitro-benzole is used, these suits to be taken off or well brushed before meals and before leaving the works, aoad to be washed at least once a week. 7. Suitable respirators (capable of being washed), folds of linen, or woollen material of open texture, or other suitable material, shall be supplied to those workers liable to inhale dust, and the wearing of such respirators shaU be urged where the workers derive benefit from their use. 8. Where di-nitro-benzole has to be handled, the hands shall always be protected from direct contact with it, either by the use of india-rubber gloves (kept perfectly clean, especially in the inner SPECIAL EULKS. 233 side), or by means of rags which shall be destroyed immediately after use. 9. Where di-nitro-benzole is broken by hand, the instrument used shall be a wooden bar, spade, or tool with a, handle long enough to prevent the worker's face from coming into near contact with the material. 10. In all rooms or sheds in which the process, either of purify- ing, grinding, mixing materials of which di-nitro-benzole forms a part, is carried on, efficient " cowls," ventilating shafts, and mechanical ventilating fans shall be provided to carry ofi the dust or fumes generated. 11. Drying stoves shall be efficiently ventilated, and, when possible, be charged and drawn at fixed times, and a free current of air shall be admitted for some time prior to the workers entering to draw either a part or the whole of the contents. 12. In the process of filling cartridges, the material shall not be touched by hand,t;but suitable scoops shall be used, and where patent ventilated cartridge filling machines are not used, there shall be efficient mechanical ventilation arranged in such a manner that the suction shall draw the fumes or dust away from and not across or over the faces of the workers. 13. A register, in a prescribed form, shaU be kept, and it shall be the duty of a responsible person named by the firm to enter, at least once a week, a statement that he has personally satisfied him- self that each and all of the Special Rules have been observed, or if not, the reasons for such non-observance. The surgeon to enter in this register the dates of his visits, the results of such visits, and any requirement made by him. 14. The "dipping" rooms to be efficiently ventUated. CHEMIOAIi WORKS. 1. In future every uncovered pot, pan, or other structure Uncovered containing liquid of a dangerous character, shall be so constructed P°*^ ^^^ pans, as to be at least three feet in height above the ground or platform. Those already in existence which are less than three feet in height, or in cases where it is proved to the satisfaction of an inspector that a height of three feet is impracticable, shall be securely fenced. 2. There shall be a clear space round such pots, pans, or other structures, or where any jtmction exists a barrier shall be so placed as to prevent passage. 3. Caustic pots shall be of such consti'uction that there shall be Caustic pots, no footing on the top or sides of the brickwork, and dome-shaped lids shall be used where possible. 4. No unfenced planks or gangways shall be placed across open Planks and gangways. 234 APPENDIX A. Bespirators. Lighting. Syringes or wash-bottles. Overalls. Bath. Bespiiators. Salt cake departments. Weldon bleaching powder chambers. Co-operation of workers : Penalty. pots, pans, or other structures containing liquid of a dangerous character. This Eul6 shall not apply to black ash vats where the vats themselves are otherwise securely fenced. 5. Suitable respirators shall be provided for the use of the workers in places where poisonous gases or injurious dust may be inhaled. 6. The lighting of all dangerous places shall be made thoroughly efficient. 7. Every place where caustic soda or caustic potash is manufac- tured shall be supplied with syringes or wash-bottles, which shall be enclosed in covered boxes fixed in convenient places, in the proportion of one to every four caustic pots. They shall be of suitable form and size, and be kept full of clean water. Similar appliances shall be provided wherever, in the opinion of an inspector, they may be desirable. 8. Overalls, kept in a cleanly state, shall be provided for aU workers in any room where chlorate of potash or other chlorate is ground. In every such room a bath shall be kept ready for imm.ediate use. In every chlorate mill, taUow or other suitable lubricant shall be used instead of oil. 9. Eespirators charged with moist oxide of iron or other suit- able substance, shall be kept in accessible places ready for use in cases of emergency arising from sulphiu'etted hydrogen or other poisonous gases. ip. In salt cake departments suitable measures shall be adopted by maintaining a proper draught and by other means to obviate the escape of low-level gases. 11. Weldon bleaching powder chambers, after the free gas has, as far as may be practicable, been drawn ofi or absorbed by fresh lime, shall, before being opened, be tested by the standard recog- nised under the Alkali Act. Such tests shall be duly entered in a register kept for the purpose. Ail chambers shall be ventilated, as far as possible, when packing is being carried on, by means of open doors on opposite sides and openings in the roof so as to allow of a free current of air. 12. In oases where the co-operation of the workers is required for carrying out the foregoing Eules, and where such co-operation is not given, the workers shall be held liable in accordance with the Factory and Workshop Act, 1891, s. 9, which runs as follows : — ' ' If any person who is bound to observe any Special Eules, established for any factory or workshop under this Act, acts in contravention of, or fails to comply with, any such Special Eule, he shall be liable on summary conviction to a fine not exceeding two pounds.'' SPECIAL EULES. 235 FOE CHEMIOAL WORKS EST WHICH IS OAERIED ON THE MANUFACTUEE OP BIOHEOMATE OR OHROMATE OF POTASSIUM OR SODIUM. In these Rules "person employed in a chrome process" means a person who is employed in any work involving contact with chromate or hichromate of potassium or sodium, or involving exposure to dust or fumes arising from the manufacture thereof. Any approval given hy the Chief Inspector in pursuance of Rule 10 shall he given in writing, and m,ay at any time he revolted hy notice in writing signed hy him. Duties of Occupiees. 1. No uncovered pot, pan, or other structure containing liquid of a dangerous character shall be so constructed as to be less than three feet in height above the adjoining ground or platform. This rule shall not apply to any pot, pan, or other structure con- structed before January 1st, 1 899, or in which a height of three feet is impracticable by reason of the nature of the work to be carried on : provided in either case that the structure is securely fenced. 2. There shall be a clear space round aU pots, pans, or other structures containing liquid of a dangerous character, except where any junction exists, in which case a barrier shall be so placed as to prevent passage. 3. No unfenoed plant or gangway shall be placed across any pot, pan, or other structure containing Kquid of a dangerous chai'acter. 4. The lighting of aU dangerous places shall be made thoroughly efficient. 5. The grinding, separating, and mixing of the raw materials (including chrome ironstone, lime, and sodium and potassium car- bonate) shall not be done without such appliances as will prevent, as far as possible, the entrance of dust into the workrooms. 6. "Batches,"' when withdrawn from the furnaces, shaU either be placed in the keaves or vats while still warm, or be allowed to cool in barrows, or other receptacles. 7. Evaporating vessels shall be covered in, and shall be provided with ventilating shafts to carry the steam into the outside air. 8. Packing or crushing of bichromate of potassium or sodium shall not be done except under conditions which secure either the entire absence of dust or its efleotual removal by means of a fan. 9. No child or yoimg person shaU. be employed in a chrome process. 10. — (a) The occupier shall, subject to the approval of the Chief Inspector, appoint a duly qualified medical practitioner (in these Rules referred to as the appointed surgeon), who shall examine all persons employed in chrome processes at least once in every month. Open pans, &c., contain- ing dangerous liquid. Lighting. Grinding, separating, and mixing of raw materials. Batches. Evaporating vessels. Packing and crushing of bichromate. Age. Monthly medical examination. 236 APPENDIX A; Suspension. Health register. Eequisites for treating slight wounds and ulceis. Overalls and respirators. Cloak-room. Lavatory. Baths. and shall undertake any necessary medical treatment of disease contracted in consequence of such employment, and shall, after the 30th day of April, 1900, have power to suspend any such person from work in any place or process. (b) No person after such suspension shall he employed in any chrome process without the written sanction of the appointed surgeon. (c) A register shall be kept in a form approved by the Chief Inspector, and shall contain a list of all persons employed in any chrome process. The appointed surgeon shall enter in the register the dates and results of his examinations of the persons employed and particulars of any treatment prescribed by him. The register shall be produced at any time when required by H.M. Inspectors of Paotories or by the appointed surgeon. 11. Eequisites (approved by the appointed surgeon) for treating sUght wounds and ulcers shall be kept at hand and be placed in charge of a responsible person. 12. The occupier shall provide sufficient and suitable overall suits for the use of all persons engaged in the processes of grinding the raw materials; and sufficient and suitable overall suits or other adequate means of protection approved in writing by the appointed surgeon, for the use of all persons engaged in the crystal department or in packing. Respirators approved by the appointed surgeon shall be provided for the use of all persons employed in packing or crushing bichromate of sodium or potassium. At the end of every day's work they shall be collected and kept in proper custody in a suitable place set apart for the purpose. The overalls and respirators shall be thoroughly washed or renewed every week. 13. The occupier shall provide and maintain a cloak-room in which workers can deposit clothing put ofl during working hours. 14. The occupier shall provide and maintain a lavatory for the use of the persons employed in chrome processes ; with soap, nail- brushes, and towels, and a constant supply of hot and cold water laid on to each basin. There shall be at least one lavatory basin for every five persons employed in the crystal department and in packing. Each such basin shall be fitted with a waste, pipe, or shall be placed in a trough fitted with a waste pipe. 15. The occupier shall provide and maintain sufficient baths and dressing rooms for all persons employed in chrome processes, with hot and cold water laid on, and a sufficient supply of soap and towels; and shall cause each person employed in the crystal department and in packing to take a bath once a week at the factory. SPECIAL EULES. 237 A bath register shall be kept containing a list of all persons Bath register. employed in the crystal department and in packing, and an entry of the date when each pierson takes a bath. The bath register shall be produced at any time -when required by H.M. Inspectors of Factories. 16. The floors, stairs, and landing shall be cleaned daily. Ditties of Persons Employed. 17. No person shall deposit a ' ' batch " when withdrawn from the furnace upon the floor nor transfer it to the keaves or vats otherwise than as prescribed in Eule 6. 18. No person shall pack or crush bichromate of potassium or sodium otherwise than as prescribed in Eule 8. 19. — (a) Every person employed in a chrome process shall present himself at the appointed times for examination by the appointed surgeon as provided in Rule 10. (b) After the 30th day of April, 1900, no person suspended by the appointed surgeon shall work in a chrome process without his written sanction. 20. Every person engaged in the processes of grinding the raw materials shall wear an overall suit, and every person engaged in the crystal department or in packing shall wear an overall suit or other adequate means of protection approved by the appointed surgeon. Every person employed in packing or crushing bichromate of sodiiim or potassium shall in addition wear a respirator while so occupied. 21. Every person employed in the processes named in Eule 20 shall before leaving the premises deposit the overalls and respirators in the place appointed by the occupier for the purpose, and shall thoroughly wash face and hands in the lavatory. 22. Every person employed in the crystal department and in packing shall take a bath at tie factory at least once a week; and, having done so, he shall at once sign his name in the bath register with the date. 23. The foreman shall report to the manager any instance coming under his notice of a workman neglecting to observe these Eules. Cleaning of floors, &c. Batches. Packing and crashing of bichromate. Medical examination. Overalls. Bespirators. "Washing. Bathing. Neglect to be reported. BED AND OEANGB LEAD WOEKS. Duties of Ocoupibes. In drawing charges of massicot, or of red lead, or of orange Drawing. lead, from the furnace they shall not allow the charges of massicot, or of red lead, or of orange lead, to be discharged on to the floor of the 238 APPENDIX A. Packing. Washing conveniences. Monthly examination. Sanitary drink. factory or workshop, but shall arrange that it be shovelled, not raked, into waggons. They shall arrange that no red or orange lead shall be packed in the room or rooms where the manufacture is actually carried on. They shall arrange that no red or orange lead shall be packed in casks or other receptacles except in a place provided with a hood connected with a fan, or shall provide other suitable means to create an effective draught. They shall provide sufficient bath accommodation for all persons employed in the manipulation of red and orange lead, and lava- tories, with a good supply of hot water, soap, nail-brushes, and towels for the use of such persons. They shall arrange for a monthly visit by a medical man, who shall examine every worker individually, and who shall enter the result of each examination in a register book to be provided by the said occupiers. They shall provide a sufficient supply of approved sanitary drink for the workers. Dttties of Pebsons Employed. In cases where the co-operation of the workers is required for carrying out the foregoiag Rules, and where such co-operation is not given, the workers shall be held liable in accordance with the Factory and Workshop Act, 1891, s. 9, which runs as follows : — "If any person who is bound to observe any Special Eules established for any factory or workshop under this Act, acts in contravention of, or fails to comply with, any such Special Eule, he shall be liable on summary conviction to a fine not exceeding two pounds." YELLOW LEAD. Duties of Ocotjpiebs. They shall provide washing conveniences, with a sufficient supply of hot and cold water, soap, naU-brushes, and towels. They shall provide respirators and overall suits for the persons employed in all dry processes. They shall provide fans or other suitable means of ventilation wherever dust is generated in the process of manufacture. They shall provide a sufficient supply of Epsom salts and of an approved sanitary drink. Dttties oe Peesons Employed. In cases where the co-operation of the workers is required for carrying out the foregoing Eules, and where such co-operation is SPECIAL KULES. 239 not given, the workers shall be held liable, in accordance with the Factory and Workshop Act, 1891, s. 9, which runs as follows : — "If any person who is bound to observe any Special Bules established for any factory or workshop under this Act, acts in contravention of, or fails to comply with, any such Special Eule, he shall be liable on summary conviction to a fine not exceeding two pounds." Respirators : A good respirator is a cambric bag with or without a thin flexible wire made to fit over the nose. Sanitary drink suggested : Sulphate of magnesia, 2 ounces ; water, 1 gallon ; essence of lemon sufficient to flavour. LEAD SMELTING WORKS. DrriBS OF Oootipiees. They shall provide respirators and overall suits for the use of all persons employed in cleaning the flues, and take means to see that the same are used. They shall arrange that no person be allowed to remain at work more than two hours at a time in a flue. (A rest of half an hour before re-entering will be deemed sufficient.) They shall provide sufficient bath accommodation (for all persons employed in cleaning the flues, and every one so employed shall take a bath before leaving the works. They shall provide washing conveniences, with a sufficient supply of hot and cold water, soap, nail-brushes, and towels. Duties of Pebsons Emplothd. In cases where the co-operation of the workers is required for carrjdng out the foregoing Rules, and where such co-operation is not given, the workers shall be held liable, in accordance with the Factory and Workshop Act, 1891, s. 9, which runs as follows : — "If any person who is bound to observe any Special Rules established for any factory or workshop under this Act, acts in contravention of, or faUs to comply with, any such Special Eule, he shall be liable on summary conviction to a fine not exceeding two pounds." 240 APPENDIX A. Washing. Meals. Co-operation of workers. FOE WOEKS IN WHICH LEAD OR AESENIC IS USED IN THE TINNING AND ENAMELLING OF lEON HOLLOW-WAEE. Duties of OcctrpiEBS. They shall provide ■washing conveniences, ■with a sufficient supply of Lot and cold ■water, soap, nail-brushes, and towels; and take measTtres to secure that every worker wash face and hands before meals and before leaving the works. They shall see that no food is eaten in any room where the process of tinning or enamelling is carried on. Duties o^f Persons Empioted. In cases where the co-operation of the workers is required for carrying out the foregoing Eules, and where such co-operation is not given, the workers shaU be held liable, in accordance ■with the Factory and Workshop Act, 1891, s. 9, which runs as follows : — "If any person who is bound to observe any Special Eules established for any factory or workshop imder this Act, acts in contravention of, or fails to comply with, any such Special Eule, he shaU be liable on summary conviction to a fine not exceeding two pounds." Bath. Ijavatory. BespiratoTs. Overalls. Gloves. Aprons. ELEOTEIC ACCUMULATOE WOEBB. Duties of Occupiers. They shall provide a bath and lavatory accommodation, ■with a plentiful supply of hot and cold water, soap, nail-brushes and towels. They shall provide respirators and overall suits for all persons employed in the operation of mixing. They shall provide gloves and aprons for all persons employed in the occupation of rubbing. They shall see that the gloves are constantly inspected and renewed when defective. Duties of Persons Employed. In cases where the co-operation of the workers is required for carrying out the foregoing Eules, and where such co-operation is not given, the workers shall be held liable in accordance with the Factory and Workshop Act, 1891, s. 9, which runs as follows : — " If any person who is bound to observe any Special Eules established for any factory or workshop _uiider this Act acts SPECIAL RULES. 241 in contravention of, or fails to comply with, any such Special Bills, lie shall be liable on siumnary conviction to a fine not exceeding two pounds." Eespirators : A good respirator is a cambric bag with or without a thin flexible wire made to fit over the nose. SPINNING AND WEAVING OF FLAX. Weaving Sheds (in which artificial humidity is produced). An efficient 14-inch extracting fan shall be provided for every Ventilation, 2,500 square feet of floor surface, such ventilation to be arranged to the satisfaction of the Inspector of Factories, and to be kept in operation during working hours. In every weaving factory where artificial humidity is produced. Humidity, there shall be provided, maintained, and kept in correct working order two sets of standardised wet and dry bulb thermometers. A difference of at least two degrees shall be kept during working hours between the wet and dry bulbs {e.g., dry bulb 75, wet bulb 73). (1.) 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. (2.) 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 operatives are employed in the factory, and shall record the readings of each thermometer at each of such times on a, form provided for the purpose for each set of ther- mometers, in the form and in accordance with the regulations contained in Schedule B. of the Cotton Cloth Factories Act, 1889, and the readings indicated at any time by the said ther- mometers shall be taken to represent the actual humidity of the room at such time. (3.) The form in which the readings of each thermometer provided for in sub-section (ii.) of this section are to be recorded shall be kept hung up near the thermometers ; 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. F.A. 16 242 APPENDIX A. Wet SpiNifiwa Eooms. Overalls. Where splashboards are not provided, ■waterproof overalls or aprons shall be provided by the occupier for all the ■workers, such overalls or aprons to be sufficient to protect the lower part of the chest to the satisfaction of the inspector. Troughs. The lids of the troughs shall be kept in perfect repair to check escape of steam, yioors. Floors shaU. be kept in sound condition so as to prevent retention or accumulation of ■water. Humidity. The same rules shall be adopted ■with respect to humidity as are required in the ■weaving sheds. Wet Spinninq Eooms and Weavus-q Factories. Steam pipes. Whenever steam is injected into any room, the pipes conveying the same shall be jacketed ■with non-conducting composition to the satisfaction of the Inspector of Factories. EotTGHING AND SORTING AND HaND HACKLING EoOUS. Fans. Exhaust fans shall be provided so as to draw the dust forward and down from the face of the worker, unless some other arrange- ment shall be found equally effective, to the satisfaction of the Factory Inspector. Respirators. Eespirators shaR be provided for the use of the workers, if children or young persons, and be worn by them at work. Machine Hackling Eooms. — Preparation and . Card Eooms. Fans. Exhaust fans shall be provided on the side of the room where the machines are, and inlets provided from six to seven feet from the ground on the opposite side, unless some other arrangement of such fans shall be found equally effective. Eespirators. Eespirators shall be provided for the use of the workers, if children or young persons, and be worn by them at work. Dressing Eooms. Ventilation. Dressing rooms must be ventilated so as to render harmless any gas, vapour or other impurities. Washing. FOE WOEKS IN WHICH LEAD OE AESENIO IS USED m THE TINNIN& AND ENAMELLING OF METAL HOLLOW- WAEB AND COOKINa UTENSILS. Duties of Occupiers. They shall provide washing conveniences ■with a sufficient supply of hot and cold water, soap, naU-brushes, and towels; and take SPECIAL RULES. 243 measures to secure that every worker wash face and hands before meals and before leaving the works. They shall see that no food is eaten in any room where the process Meals, of tinning or enamelling is carried on. Duties of Persons Emploted. Every worker shall wash face and hands before meals and before Washing, leaving the works. No worker shall eat food p any room where the process of tiiming Meala. or enamelling is carried on. PACTOEIES OR WOEKSHOPS IN WHICH YELLOW CHEO- MATE OP LEAD IS USED, OE IN WHEOH GOODS DYED WITH IT UNDEEGO THE PEOOBSSES OP BUNDLING OE NODDLING, WINDING, EEELING, WEAVING OE ANT OTHEE TREATMENT. Duties of Occupiebs. They shall provide washing conveniences, with a sufficient supply of hot and cold water, soap, nail-brushes, and towels. They shall provide respirators and overall suits for the persons employed in all dry processes. They shall provide fans or other suitable means of ventilation wherever dust is generated in the process of manufacture. They shall provide a sufficient supply of Epsom salts and of the sanitary drink mentioned below or some other approved by H.M. Inspector of Paotories. Eespirators : A good respirator is a cambric bag with or without a thin flexible wire made to fit over the nose. Sanitary drink : Sulphate of magnesia, two ounces ; water, one gallon ; essence of lemon sufficient to flavour. Duties of Pebsons Employed. Every person to whom is supplied a respirator or overall suit shall wear the same when at the special work for which such are provided. Every person shall carefully clean and wash hands and face before meals and before leaviug the works. No food shall be eaten in any part of the works in which yellow chromate of lead is used in the manufacture. 16—2 244 APPENDIX A. MIXING AND CASTING OF BRASS AND OF CEETAIN OTHEE AUjOYS. Special Bules under Section 8 of the Factory and Workshop Act, 1891, and Section 28 of the Factory and Workshop Act, 1895, for the processes in the mixing and casting of brass, gun metal, bell metal, white metal, delta metal, phosphor bronze, and manilla mixture. Duties of Ocottpiers. 1. They shall provide adequate means for facilitating, as far as possible, the emission or escape from the shop of any noxious fames or dust arising from the above-named processes. Such means shall include the provision of traps or of louvre gratings in the roof or ceiling of any shop in which sucb processes, or either of them, is or are carried on; or in case of a mixing or casting shop which is situated under any other shop, there shall be provided an adequate flue or shaft (other than any flue or shaft in connection with a furnace or fireplace) to carry anyfum.es from the mixing or casting shop, by or through any such shop that may be situated above it. 2. They shall cause all such mixing or casting shops, whether defined as factories or as workshops under the Factory and Work- shop Act, 1878, to be cleaned down and limewashed once at least within every twelve months, or once within every six months if so required by notice in writing from H.M. Inspector of Factories and Workshops, dating from the time when these were last thus cleaned down and limewashed ; and they shall record the dates of such cleaning down and Umewashing in a, prescribed form of register. 3. They shall provide a sufficient supply of metal basins, water, and soap, for the use of aU persons employed in such mixing or casting shops. 4. They shall not employ, or allow within their factory or work- shop the employment of, any woman or female young person, in any process whatever, in any sucb mixing or casting shop, or in any portion thereof which is not entirely separated by a partition extending from the floor to the ceiling. Dttties of Pbbsons Employed. 5. They shall not partake of, or cook any food in any such mixing or casting shop, within a period of at least ten minutes after the completion of the last pouring of metal in that shop. SPECIAL EULES. 245 WOOL SORTING. Duties of Oooutibrs. 1. Bales of -wool or hair shall, whenever opened for the purpose of being sorted, be so opened by men skilled in judging of the quality and condition of the material. 2. All alpaca, pelitan, cashmere, Persian, and camel hair shall be opened over a fan with a downward draught, in a room specially set apart for the purpose, separate and distinct from any sorting-room, and from any room in which work (other than opening) is carried on. 3. Van mohair shall be washed and sorted while damp, it sorted at all. Persian shall be washed or disinfected as far as possible before being sorted. Damaged wool or hair, fallen fleeces and foreign skLn-wool or hair of the descriptions named in Eules 2 and 4 shall be washed before being sorted. 4. No alpaca, pelitan, cashmere, Persian, camel hair, or mohair shall be sorted except in rooms provided with extracting fans, so arranged that each sorting-board shall be independently connected with the extracting shaft by means of a funnel-shaped opening not less than ten inches across at the top, in such manner that the dust may be drawn downwards. The draught shall be maintained in constant efficiency while the sorters are at work, and shall be such that not less than 75 cubic feet of air per minute are drawn by the fan from beneath each sorting-boaid. The extracting shaft shaU. be cleaned out at least once in each week. 5. The dust collected by the fan shall be discharged into properly constructed receptacles, and not into the open air. This dust, together with the sweepings from the floors and walls of the sorting- room, and from under the sorting boards, shall be removed at least twice a week, and burnt. All pieces of skin, scab, and clippings or "shearlings" shall be removed daily from the sorting-rooms, and be disinfected or destroyed. All bags in which dangerous wool or hair has been imported shall be picked dean and not brushed. 6. No person having any open cut or sore upon any part of his body shall be allowed to sort. 7. Proper provision shall be made for the keeping of the sorters' clothing and food outside of the sorting-room. No meals shall be allowed to be taken in the sorting-room. During meal hours the windows shall be kept open. 8. No bale wool or hair shall be stored in a sorting-room, nor wool of any description xmless the same be effectually screened ofE from the sorting-room . An air space of at least 1 , 000 cubic feet shall be allowed for each sorter, exclusive of any portion screened ofi. 246 APPENDIX A. 9. The floor of the Borting-room shall be thoroughly sprinkled daily with a disinfectant solution, and swept daily (immediately after sprinkling) after the work is done. 10. The walls and ceilings of the sorting-room shall be limewashed at least once a year. 11. Requisites for treating scratches and shght wounds shall be kept at hand. 12. Proper and sufficient appliances for washing, including basins, water, soap, nail-brushes and towels, shall be provided in or near the sorting-rooms, for the use of the sorters. DxTTiES OF Persons Employed. 13. If , on opening a bale of wool or hair, any fallen fleece or damaged material is discovered, the person opening the bale shall report the discovery immediately to the foreman. 14. Every sorter having an open cut or sore on any part of his body shall immediately report the fact to the foreman. 15. No sorter shall keep in the sorting-room coats or other articles of clothing besides those he is wearing. No meals shall be taken in the sorting-room. 16. If the draught at any sorting-board, or the fan or any other appliance necessary to the production of such draught, is found to be out of order, the sorter, or any other person becoming aware of the defect, shall report it to the foreman at once. Face-guards. Qarmtlets. Fencing. BOTTLING OF AEEATED WATEE. Dttties of OcOinPIEKS. 1. They shall provide aU bottlers with face-guards, masks, or veils of wire gauze. They shall provide all wirers, sighters, and labeUers with face- guards, masks, or veils of wire gauze, or goggles. 2. They shall provide all bottlers with full-length gauntlets for both arms. They shall provide all wirers, sighters, and labeUers with gaunt- lets for both arms protecting at least half of the palm and the space between the thumb and forefinger. 3. They shall cause aU machines for bottling to be so constructed, so placed, or so fenced, as to prevent as far as possible, during the operation of filling or corking, a fragment of a bursting bottle from striking any bottler, wirer, sighter, labeUer, or washer. SPECIAL BULES. 247 Ditties op Peesons Emploted. 4. All bottlers shall, while at ■workj wear face-guards, masks, or Face-guards, veils of wire gauze. All wirers, sighters, and labellers shall, while at work, wear face-guards, masks, or veils of wire gauze, or goggles; except labellers when labeUing bottles standing in cases. 3. All bottlers shall, while at work, wear on both arms full- Gauntlets, length gauntlets. All wirers, sighters, and labellers, shall, while at work, wear on both arms gauntlets protecting at least half of the palm and the space between the thumb and forefinger ; except labellers when labelling bottles standing in oases. VULCANISING OP INDIA-EUBBEE BY MEANS OF BISULPHIDE OF OAEBON. I. — DrTiES OP Employees. 1. No child or young person shall be employed in any room in which bisulphide of carbon is nsed. 2. After May 1st, 1898, no person shall be employed for more than five hours in any day in a room in which bisulphide of carbon is used, nor for more than two and a haU horn's at a time without an interval of at least an hour. 3. In vulcanising waterproof cloth by means of bisulphide of carbon — (a) The trough containing the bisulphide of carbon shall be self -feeding and covered over; (b) The cloth shall be conveyed to and from the drying-chamber by means of an automatic machine ; (o) No person shall be allowed to enter the drying-chamber in the ordinary course of work ; (d) The machine shaU be covered over and the fumes drawn away from the workers by means of a downward suction fan maintained in constant efficiency. 4. Dipping shall not be done except in boxes so arranged that a suction fan shall draw the fumes away from the workers. 5. No food shall be allowed to be eaten in any room in which bisulphide of carbon is used. 6. A suitable place for meals shall be provided. 7. All persons employed in rooms in which bisulphide of carbon is used shall be examined once a month by the certifying surgeon for the district, who shall, after May 1st, 1898, have power to order temporary or total suspension from work. 248 APPENDIX A. 8. No person shall be employed in any room in -which bisulphide of carbon is used, contrary to the direction of the certifying surgeon given as above. 9. A register in the form which has been prescribed by the Secretary of State for use in india-rubber works shall be kept, and in it the certifying surgeon will enter the dates and result of his visits, with the number of persons examined, and particulars of any directions given by him. This register shall contain a list of all persons employed in rooms in which bisulphide of carbon is used, and shall be produced at any time when required by H.M. Inspector of Factories or by the certifying surgeon. n. — ^Duties oe Persons Employed. 10. No person shall enter the drying room in the ordinary course of work, or perform dipping except in boxes provided with a suction fan carrying the fumes away from the workers. 11. No person shall take any food in any room in which bisulphide of carbon is used. 12. After May 1st, 1898, no person shall, contrary to the direction of the certifying surgeon, given in pursuance of iEule 7, work in any room in which bisulphide of carbon is used. 13. All persons employed in rooms in which bisulphide of carbon is used shall present themselves for periodic examination by the certifying surgeon, as provided in Rule 7. 14. It shall be the duty of all persons employed to report imme- diately to the employer or foreman any defect which they may discover in the working of the fan or in any appliance required by these Bules. Storage of food and clothing. Washing. HAITOLING OP DRY AND DETSAITED HIDES AND SKINS IMPORTED FROM CHINA OR FROM THE WEST COAST OF INDIA. Duties of Occupier. 1. Proper provision to the reasonable satisfaction of the inspector in charge of the district shall be made for the keeping of the workmen's food and clothing outside any room or shed in which any of the above-described hides or skins are unpacked, sorted, packed, or stored. 2. Proper and sufficient appUanoes for washing, comprising soap, basins with water laid on, nail-brushes, and towels, shall be pro- vided and maintained for the use of the workmen, to the reasonable satisfaction of the inspector in charge of the district. SPECIAL RULES. 249 3. Sticking-plaBter, and other requisites, for treating scratches Dressings, and slight wounds, shall be kept at hand, available for the use of the persons employed. 4. A copy of the appended notes shall be kept aflfcc:ed with the Note to be Eules. exhibited, DrTiBS OF Persons Employed. 5. No workman shall keep any food, or any articles of clothing, Storage of other than those he is wearing, in any room or shed in which any foe*! ^^^ of the above-described hides or skins are handled. He shall not take any food in any such room or shed. 6. Every workman having any open out or scratch or raw 'Wounds, surface, however trifling, upon his face, head, neck, arm, or hand shall immediately report the fact to the foreman, and shall not work on the premises until the wound is healed or is com- pletely covered by a proper dressing after being thoroughly washed. Note 1. — ^These Kules must be kept posted up in conspicuous places in the factory to which they apply, where they may be conveniently read by the persons employed. Any person who is bound to observe these Eules and fails to do so, or acts in contra- vention of them, is liable to a penalty; and in such cases the occupier also is liable to a penalty unless he proves that he has taken all reasonable means by publishing and to the best of his power enforcing the Eules, to prevent the contravention or non- complianoe (Factory and Workshop Act, 1891, ss. 9 and 11). Note 2. — The danger against which these Eules axe directed is Nature of that of anthrax — a fatal disease affecting certain animals, which the disease, may be conveyed from them to man by the handling of hides of animals which have died of the disease. The germs of the disease (anthrax spores) are found in the dust and in the substance of the hide, and may remain active for years. In this country anthrax is rare, and precautions are taken to prevent infected hides from coming into the market, consequently there is little danger in handling the hides of animals slaughtered in the United Kingdom; but in Eussia, China, and the East Indies, and in many other parts of the world, the disease is common, and infected hides (which do not differ from others in appearance) are often shipped to British ports. Hence, in handling foreign dry hides the above Eules should be carefuUy observed. "Wet salted hides are free from dust, and less risk is incurred in handling them. The disease is communicated to man sometimes by breathing or swallowing the dust from an infected hide, but much more usually by the poison lodging in some point where the skin is broken — such as a fresh scratch or cut or a scratched pimple, or even 250 APPENDIX A. chapped Lands. This happens rooet readily on the uncovered parts of the body, the hand, arm, face, and most frequently of aU on the neck — owing either to an infected hide rubbing against the bare skin, or to dust from such a hide alighting on the rav surface. But a raw surface covered by clothing is not free from risk, for dust lodging upon the clothes may sooner or later work its way to the skin beneath. Infection may also be brought about by rubbing or scratching a pimple with hand or nail carrying the anthrax poison. The first Bymptom of anthrax is usually a small inflamed swelling like a pimple or boil, often quite painless, which extends and in a few days becomes black at the centre and surrounded by other " pimples." The poison is now liable to be absorbed into the system, and will cause risk to Ufe, which can be avoided only by prompt and effective medical treatment in the early stage while the poison is still confined to the pimple. Hence, it is of the utmost importance that a doctor should at once be consulted if there is any suspicion of infection. Note 3. — Suitable overalls, protecting the neck and arms, as well as ordinary clothing, add materially to the safety of the workmen, and should be provided and worn, where practicable, if dangerous hides are handled. They should be discarded on cessation of work. Similarly, for the protection of the hands, gloves should be provided and worn where the character of the work permits. WOOL-COMBING. For the pwrpoae of Eulea 1, 2, 12 and 13, " opening " of amy wool or hair means the opening of the fleece, or, if it be not in the fleece, the opening out for looking over, or claaaing purpoaea. Duties of Employers. Opening. !• No alpaca, pelitan, cashmere, Persian, or camel-hair shall be opened except — (a) after steeping in watfer, or (b) over an efiElcient opening boai-d. For the purposes of this Eule, no opening board shall be con- sidered efiicient unless, over a central area of four square feet, the linear velocity of air passing through the screen shall average at least 150 feet per minute for each square foot, the measurements to be taken on a uniform system approved by H.M. Chief Inspector of Factories ; and no opening board shall have an area of less than seven square feet. SPECIAL EULES. 251 2. All badly-managed wool or hair, faUen fleeces, and skin, wool, or hair of the kiads named in Eule 1, shall be opened by an experienced man in the manner prescribed in Bule 1 and damped with a disinieotant and then washed without being willowed. 3. Every bale of van mohair shall be steeped in water before being opened. 4. No alpaca, pelitan, cashmere, Persian, camel-hair, or mohair Willowing. shall be willowed except in a separate room provided with an efElcient exhaust fan so arranged as to draw the dust away from the workmen and prevent it from entering the air of the room. No wool or hair shall be stored in a wiUowing room. The floor of every such room shall be sprinkled daily with a disinfectant solution and swept immediately after sprinkling. The walls and ceilings of every such room shall be limewashed at least once a year and swept down at least once a month. 5. The dust collected by the willows or other dust extracting Dust, machines and from the opening boards shall be discharged into properly constructed receptacles, and not into the open air. This dust shall be removed at least once a week. 6. Suitable provision shall be made for keeping the clothing and Storage of food of aU persons who are employed ia the warehouse or in any clothing and room in which is carried on willowing or opening or any other process through which the wool or hair passes before being washed. 7. No person having any open cut or sore upon any part of the Wounds, body shall be employed in a place specified in Eule 6. 8. No person shall be allowed to prepare or partake of any food Meals. in a place specified in Eule 6, or in a carding room. 9. Sufficient and suitable washing conveniences shall be provided Lavatory. and maintained for all persons employed in the places specified in Eule 6. The washing conveniences shall comprise soap, nail-brushes, and towels, and at least one wash-hand basin for every five persons employed as above, each basin being fitted with a waste pipe and having a constant supply of water laid on. 10. Eequisites for treating scratches and slight wounds shall be Dressings, kept at hand. DrTiBs OF Pebsons Employed. 11. If , on opening a bale, any fallen fleeces or damaged material Opening, is discovered, the person opening the bale shall report the discovery immediately to the foreman. 12. No alpaca, pelitan, cashmere, Persian, or camel-hair shall be opened otherwise than as permitted by Eule 1. 13. No badly damaged wool or hair, fallen fleeces, or skin, wool, or hair of the kinds named in Eule 1, shall be opened otherwise than as permitted by Eule 2. 252 APPENDIX A. 14. No bale of van mohair sliall he opened otherwise than as permitted by Bule 3. Willowing. 15. No alpaca, pelitan, cashmere, Persian, camel-hair, or mohair shall be willowed except as permitted by Bule 4. Wounds. 16. Any person employed in a place specified in Sule 6, and having an open cut or sore upon any part of the body, shall immediately report the fact to the foreman. Storage of 17. No clothing or food shall be kept in any place specified in jjgjjjg 18. No person shall prepare or partake of food in a place specified in Rule 6, or in a carding room, or bring any food into such room. Washing. 19. No person employed in any place specified in Bule 6 shall leave the works or partake of meals without previously washing his or her hands. Failure of 20. If the fan or any other appliance necessary for the carrying fan, &c. Q^^ qJ these Etdes is out of order, any workman becoming aware of the defect shall immediately report the fact to the foreman. APPENDIX B. THE TKUCK ACTS, 1831 to 1896. Note. — So far as concerns factories and workshops, the promsions of these Acts are enforced Try factory inspectors (see Sec. 13 (2) of the Act of 1887, and Seo. 10 of the Act of 1896). THE TEUCK ACT, 1831. (1 & 2 Will. 4, c. 37.) An Act to prohibit the Payment, in certain Trades, of Wages in Goods, or otherwise than in the current Coin of the Eealm. [15th October, 1831.] Whereas it is necessary to prohibit the payment, in certain trades, of wages in goods, or otherwise than in the current coin of the reahn; be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same : 1. That in all contracts hereafter to be made for the hiring Contracts for of any artificer [in any of the trades herein-after enumerated], or for thehiring of s.rtificpr'? the performance by any artificer of any labour [in any of the ^^^^ j,g made said trades'], the wages of such artificer shall be made payable in the current in the current coin of this realm only, and not otherwise ; and ''o™ of the 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. By Sec. 2 of the Act of 1887 the provisions of this Act are extended to every workman as defined by the Employers and Workmen Act, 1875. The words in square brackets throughout the Act were repealed by the Statute Law Eevision Act, 1891. 2. And be it further enacted, that if in any contract hereafter to and must not be made between any artificer [in any of the trades herein-after oontam any enumerated] and his employer, any provision shall be made agtottie™^ 254 APPENDIX B. manner in which the ■wages shall be expended. directly or indirectly respecting the 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 artificer shaJl be laid out or expended, such contract shall be and is hereby declared illegal, n^ull, and void. See note to Sec. 1. Sec. provisions of this section. 6 of the Act of 1887 extends the AU wages must be paid to the ■work- man in coin. Payment in goods declared illegal. Artificers may recover wages, if not paid in the current •coin. 3. And be it further enacted, that the entire amount of the wages earned by or payable to any artificer [in any of the trades herein- after enumerated'], in respect of any labour by him done [in any evxh trade], shall be actually paid to such artificer in the current coin of this realm, and not otherwise; and every payment 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 herein-after mentioned, shall be and is hereby declared illegal, null, and void. See note to Sec. 1. As to deductions, see Sees. 7 to 10 of the Act of 1887, and Sees. 1 to 6 of the Act of 1896. 4. And be it further enacted, that every artificer [in any of the trades herein-after enumerated] shall be entitled to recover from his employer [in any such trade], in 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 shaU not have been actually paid to him by such his employer in 'the current coin of this realm. See note to Sec. 1. In an action brought for wages no set-ofE shall be allowed for goods sup- plied by the employer, or by any shop in which the employer is interested. 5. And be it further enacted, that in any action, suit, or other proceeding to be hereafter brought or commenced by any such artificer as aforesaid, against his employer, for the recovery of any sum of money due to any such artificer as the wages of his labour [in any of the trades herein-after enumerated], the defendant shall not be allowed to make any set-ofE, nor to claim any reduction of the plaintifiE's demand, by reason or in respect of any goods, wares, or merchandise had or received by the plaintiff as or on 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. See note to Sec. 1. See also Sees. 5 and 6 of the Act of 1887. TEUCK ACT, 1831, 255 No employer shall have any action against his artificer for goods supplied to him on account of wages. 6. And be it further enacted, that no employer of any artificer [in any of the trades herein-after 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 mer- chandise 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. See note to Sec. 1 ; and see Sees. 5 and 6 of the Act of 1887. 7. And be it further enacted, that if any such artificer as afore- said, or his wife or widow, or it any child of any such artificer, not being of the full age of twenty-one years, shall become chargeable to any parish or place, and if within the space of three calendar months next before the time when any such charge shall be incurred such artificer shall have earned or have become entitled to receive any wages for any labour by him done [in any of the said trades], which wages shall not have been paid to such artificer in the current coin of this reahn, it shall be lawful for the overseers or overseer of the poor in such parish or place to recover from the employer of such artificer in whose service such labour was done the full amount of wages so unpaid, and to proceed for the recovery thereof by all such ways and means as such artificer himself might have pro- ceeded for that purpose ; and the amount of the wages which may be so recovered shall be applied in reimbursing such parish or place all costs and charges incurred in respect of the person or persons to become chargeable, and the surplus shall be applied and paid over to such person or persons. See note to Sec. 1 ; and see Sec. 16 of the Act of 1887. 8. Provided always, and be it further enacted, that nothing Not to iuvali- herein contained shall be construed to prevent or to render invalid "i^*^ t^^ any contract for the payment, or any actual payment, to any such ^I^^f^^^ t artificer as aforesaid, of the whole or any part of his wages, either notes, if in the notes of the governor and company of the Bank of England, artificer or in the notes of any person or persons carrying on the business °°''^^°*^' of a banker, and duly licensed to issue such notes in pursuance of the laws relating to His Majesty's revenue of stamps, or in drafts or orders for the payment of money to the bearer on demand, drawn upon any person or persons carrying on the business of a banker, being duly licensed as aforesaid, within fifteen mUes of the place where such drafts or orders shall be so paid, if such artificer If the artificer or his wife or children be- come charge- able to the parish, the overseers may recover any wages earned within the three preceding months, and not paid in cash. 256 APPENDIX B. Penalties on employers entering into contracts hereby de- clared illegal. Proviso. shall be freely consenting to receive sucli drafts or orders as afore- said, but all payments so made ■with such consent as aforesaid, in any such notes, drafts, or orders as aforesaid, shall for the pu^oses of this Act be as valid and effectual as if such payments had been made in the current coin of the realm. 9. And be it further enacted, that any employer of any artificer [in any of the trades herein-after enumerated] who shall, by himself or by the agency of any other person or persons, directly or indirectly enter into any contract or make any payment hereby declared illegal, shall for the first offence forfeit a sum not exceeding ten poimds [nor less than five pounds'] (a), and for the second o&nce ajiy sum not exceeding twenty pounds nor less than ten potmds, and in case of a third offence any such employer shall be and be deemed guilty of a misdemeanor, and, bdcng thereof convicted, shall be punished by fine only, at the discretion of the court, so that the fines shall not in any case exceed the sum of -one hundred pounds. (a) Repealed by the Summary Jurisiliction Act, 1884. See note to Sec. 1, ante, p. 253. 10. [The first part of this section, relating to the recovery of penalties, and evidence of a previous conviction in case of a second offence, was repealed hy the Act of 1887. As to the recovery of penalties, see Sec. 13 of that Act.] Provided always, that no person shall be punished as for a second offence under this Act unless ten days at the least shall have intervened between the con- viction of such person for the first and the conviction by (sic) such person of the second offence, but each separate ofience committed by any such person before the expiration of the said term of ten days shall be punishable by a separate penalty, as though the same were a first ofience ; and that no person shall be punished as for a third offence under this Act, unless ten days at the least shall have intervened between the conviction of such person for the second and the conviction by (sic) such person of the third ofience ; but each separate offence committed by any such person before the expiration of the said term of ten days shall be punishable by a separate penalty, as though the same were a second offence ; and that the fourth or any subsequent ofience which may be committed by any such person against this Act shall be enquired of, tried, and punished in the manner hereinbefore provided in respect of any third ofience; and that if the person or persons preferring any such information shall not be able or shall not see fit to produce evidence of any such previous conviction or convictions as afore- said, any such ofiender as aforesaid shall be punished for each TKCJCK ACT, 1831. 257 separate o£Fence by >n'-m committed against the provisions of this Act by an equal rnunber of distinct and separate penalties, as though each of such offences were a first or a second offence, as the case may be ; and that no person shall be proceeded against or punished as for a second or as for a third offence at the distance of more than two years from the commission of the next preceding offence. 11. IBepealed h/ Act of 1887.] 12. IBepeakd ly Act of 1887.] 13. And be it further enacted, that no person shall be liable to A partner not be convicted of any oflence against this Act committed by his or *" °® liable m her copartner in trade, and -without his or her knowledge, privity, offence of hia or consent ; but it shall be lawful, when any penalty, or any sum co-partner, for wages, or any other sum, is ordered to be paid, under the * . P^"" authority of this Act, and the person or persons ordered to pay perty to be the same shall neglect or refuse to do bo, to levy the same by so liable, distress and sale of any goods belonging to any copartnership concern or business in the carrying on of which such charges may have become due or such offence may have been committed ; and in all proceedings under this Act to recover any sum due for wages it shall be lawful in all cases of copartnership for the justices, at the hearing of any complaint for the nonpayment thereof, to make an order upon any one or more copartners 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 copartners, shall be deemed to be a sufficient service upon all. See also Sec. 12 of tbe Act of 1887. 14. And it is declared and enacted, that in all cases it shall be How sum- deemed and taken to be sufficient service of any summons to be monses are issued against any offender or offenders by any justice or justices served, 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. 15. \_Repealed by Act of 1887.] 16. IBepealed hy Act of 1887.] F.A. 17 258 APPENDIX B. Convictions 17. And be it further enacted, that no conviction, order, or ^°^ *° ^® adjudication made by any justices of the peace under the provisions want of form, of this Act shall 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 dutresa, or of commitments in default of sufficient distress, shall be held void hy reason of amy defect therein, provided it he therein alleged that the party has ieen convicted, and there he a good and valid conviction to sustain the same."] 18. IB^ealed hy Act of 1887.] 19. \;Bepealed by Act of 1887.] Domestics. SO. And be it further enacted, that nothing herein contained shall extend to any domestic servant [or servant in huslandry"] (a), (a) Repealed by Act of 1887. 21. [Repealed by Act of 1887.] 22. [Repealed hy Act of 1887.] Particular exceptions to the generality of the law. 23. And be it further enacted and declared, that nothing herein contained shall extend or be construed to extend to prevent any employer of any artificer, or agent of any such employer, from supplying or contracting to supply to any such artificer any medi- cine or m.edical attendance, or any fuel, or any materials, tools, or implements to be by such artificer employed in his trade or occu- pation, if such artificers be employed in miniiig, or any hay, com, 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, [worhman, or labourer employed in any of the trades or occupations efiiumerated in this ^c*] 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 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, com, 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: Provided always, that such stoppage or deduction shall not exceed the real and true value of such fuel, materials, tools, implements, hay, com, and provender, 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. See note to Sec. 1, ante, p. 263. TRUCK ACT, 1831. 259 24. And be it further enacted and declared, that nothing herein Employers contained shall extend or be construed to extend to prevent any ^^^ advance ■^ "^ money to such employer from advancing to any such artificer any money to artificers for be by him contributed to any friendly society or bank for savings certain duly established according to law, nor from advancing to any such P'^poses. 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, [and unless the agreement or contract for such deduction shall le in writing, and signed by such artificer^ (a), (as) Repealed by Act of 1887. 25. And be it further enacted and declared, that in the meaning Definition of and for the purposes of this Act, [cell workmen, labourers, and other t^rms. persons in any manner emgaged in the performance of any work, employment, or operation, of what nature soever, in or about the several trades and occupations aforesaid, shall be and be deemed " artificers ; " and that within the meaning and for the purposes aforesaid^ {a), all masters, bailifEs, foremen, managers, clerks, and other persons engaged in the hiring, employment, or superin- tendence of the labour of any such artificers, shall be and be deemed to be "employers; " and that within the meaning and for the purposes of this Act, any money or other thing had or contracted to be paid, delivered, or given as a recompence, reward, or remunera- tion for any labour done or to be done, whether within a certain time or to a certain amount, or for a time or an amount uncertain, shall be deemed and taken to be the "wages" of such labour; and that within the meaning and for the purposes aforesaid, any agreement, understanding, device, contrivance, ooUusion, or arrangement whatsoever on the subject of wages, whether written or oral, 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 shaU have endea- voured to impose an obligation on the other of them, shall be and be deemed a " contract." (as) See note to Sec. 1, ante, p. 253. 26. [^Commencement of Act.'] 27. And be it further enacted, that the provisions of this Act To extend shall extend over the whole of that part of the United Kingdom °''?'' 9"^^* of Great Britaia and Ireland called Great Britain. Bntam. Extended to Ireland by Sec. 18 of the Act of 1887. (Schedules repealed by Act of 1887.) 17—2 260 APPENDIX B. Short title. I & 2 "Will. i. C.37. Application of principal Act to work- man as defined by 38 & 39 Vict. c. 90. Advance of wages. Saving for servant in husbandry. Order for goods as a deduction from wages illegal. THE TETJCK AMENDMENT ACT, 1887. (50 & 51 Vict. c. 46.) An Act to amend and extend the Law relating to Truck. [16th September, 1887.] Be it enacted .... as follows : 1. This Act may be cited as the Truck Amendment 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 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. S. The provisions of the principal Act shall extend to, apply to, and include any workman as defined in the Employers and Work- men Act, 1875, section ten, and the expression "artificer" in the 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 herewith are hereby repealed. The expression " workman " as defined by Sec. 1 of the Employers and Workmen Act, 1875, " does not include a domestic or menial servant, but 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 express or implied, oral or in writing, and be a contract of service or a contract personally to execute any work or labour." 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 accoimt 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. 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. 5. In any action brought by a workman for the recovery of his wages, the employer shall not be entitled to any set off or counterclaim 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 TRUCK AMENDMENT ACT, 1B87. 261 No contracts with work- man as to spending wages at any particular shop, &c. agent of tlie employer, or any person supplying goods to the work- man under any 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 section twenty-three of the principal Act. 6. No employer shall, directly or indirectly, by himself or his agent, impose as a condition, express or im.plied, in or for the employment of any workman any terms as to the place at which, or the manner in which, or the person with whom, any 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 from a work- Deduction for man's wages for education, such workman on sending his child to education, 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 Scotland or of the Board of National Education in Ireland. 8. No deduction shall be made from a workman's wages for Deduction for sharpening or repairing tools, except by agreement not forming part sharpening of the condition of hiring. tools, &c. 9. Where deductions are made from the wages of any workmen Audit of for the education of children or in respect of medicine, medical deductions, 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. 10. Where articles are made by a person at his own home. Artificer to be or otherwise, without the employment of any person under hiTn paid in cash except a member of his own family, the priacipal Act and this ^^ of wter Act shall apply as if he were a workman, and the shopkeeper, for articles dealer, trader, or other person buying the articles in the way of made by him. 262 APPENDIX B. Ofiences. Fine on person committing ofEenoe for which em- ployer is liable, and power of employer to exempt him- self from penalty on conviction of actual offender. trade ■were his employer, and tlie provisions 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 manufactured of wool, -worsted, yam, stuff, jersey, linen, fustian, cloth, serge, cotton, leather, fur, hemp, flax, mohair, or sUk, or of any combination thereof, or made or prepared of bone, thread, silk, or cotton lace, or of lace made of any mixed materials. 'Where it is made to appear to Her Majesty the 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 la^wful for Her Majesty, by Order in CouncU, to suspend the operation of this section in such coimty 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 fails to comply with any of the foregoing provisions 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 is, by virtue of the principal Act or this Act, liable to a penalty has in fact been committed by some agent of the employer or other person, such agent or other person shall be liable to the same penalty as if he were the employer. (2.) Where an employer is charged ■with an offence against the principal Act or this Act he shall be entitled, upon information duly laid by him, to 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 execution of the said Acts, 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 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 TRUCK AMENDMENT ACT, 1887. 263 "without the knowledge, consent, or connivance of the employer, then the inspector or procurator fiscal shall proceed against the person whom he believes to be the actual ofiender in the first instance without first proceeding against the employer. 13. — (1.) Any offence against the principal Act or this Act may be Eecoveryof prosecuted, and any penalty therefor recovered in manner provided penalties. by the Summary Jmisdiction Acts, so, however, that no penalty shall be imposed on summary conviction exceeding that prescribed by the principal Act for a second offence. (2.) It shall be the duty of the inspectors of factories 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 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 provided by Parliament. The provisions of this Sub-section are extended by Sec. 10 of the Act of 1896 to laundries and places from which work is given out by the occupier of a factory or workshop, or by a contractor or sub-contractor. As to the powers of inspectors under the Factory and Workshop Act, see Sec. 119 of the Act of 1901, ante, p. 153. (3.) In England all penalties recovered under the principal Act and this Act shall be paid uito 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, investigate and prosecute offences against the principal Act or this Act, and such prosecution may also be instituted in the sheriff court at the instance of any inspector of factories or inspector of mines ; (b) All offences against the said Acts shaU be prosecuted in the sheriff court. Definitions. 14. In this Act, unless the context otherwise 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 Scotland, means the Summary Jurisdiction (Scotland) 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 any justice from Disqualifica- acting as such under the principal Act is hereby repealed. tion of justice. 264 APPENDIX B. Amendment of 1 &2 ■Will. 4, c. 37, as to overseers. Repeal. Application of Acts to Ireland. A person engaged in the same trade or occupation as an employer charged with an oSence against the principal Act or this Act shall not act as a justice of the peace in hearing and determining such charge. 16. The provisions of the principal Act conferring powers on any overseers or overseer of the poor shall be deemed to confer those powers in the case of England on the guardians of a union, and in the case of Scotland on the inspectors ^f the poor. 17. The Acts mentioned in the schedule to this Act are herehy repealed to the extent in the third column of the said schedule mentioned, without prejudice to anything heretofore done or BUfEered in respect thereof. 18. The principal Act, so far as it is not hereby repealed, and this Act shall extend to Ireland, subject to the following provisions : (1.) Any offence against the principal Act or this Act may be pro- secuted 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 imder the principal Act or this Act shall be applied in the manner directed by the Fines (Ireland) Act, 1851, and the Acts amending the same. SCHEDULE. Session and Chapter. Title ol Act. Extent of Bepeal. 12 Geo. 1, 0. 34 . An Act to prevent Section three, and so much unlawful com- of section eight as applies binations of section three. workmen em- ployed in the woollen manu- factures, and for better payment of their wages. 22 Geo. 2, c. 27 . An Act, the title of So much of section twelve which begins as applies to any enact- with "An Act for ment repealed by this the more effec- Act tual preventing of frauds," and ends witix the words " and for the better pay- ment of their wages." TEUCK AMENDMENT ACT, 1887. 265 SCBJSDTTLE— continued. Session and Chapter. Title of Act. Extent of Kepeal. 30 Geo. 2, c. 12 57 Geo. 3, c. 115 67 Geo. 3, o. 122 I & 2 Wm. 4, c. 37 An Act, tlie title of which begins with the words "An Act to amend an Act," and ends with the words "payment of the workm.en's wages in any other manner than in money." An Act, the title of which begins with the words "An Act to extend the pro- visions 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 pro- visions," and ends with the words "extend- ing the pro visions of the said Acts to Scotland and Ireland." An Act to prohibit the payment in certain trades of wages in goods or otherwise than in the current coin of the realm. Sections two and three. The whole Act. The whole Act. Section ten, down to "be produced to the court and jury " inclusive ; section eleven, section twelve, section fifteen, section sixteen, section eighteen, section nine- teen, in section twenty the words "or servant in husbandry"; section twenty-one, section twenty-two, section twenty-four from "and unless the agreement" inclusive to end of sec- tion, and section twenty- five from ' ' all workmen ' ' to "purposes aforesaid" both inclusive, and the schedules. 266 APPENDIX B. Deductions or payments in respect of Deductions or payments in respect of damaged goods. THE TEUOK: act, 1896. (59 & 60 Vict. c. 44.) An Act to amend the Truck Acts. [14th August, 1896.] Be it enacted .... as follows : 1. — (1.) An employer shall not make any contract with any workman for any deduction from the sum contracted to be paid by the employer to the workman, or for any payment to the employer by the workman, for or in respect of any fine, unless — (a) the terms of the contract are contained in a notice kept constantly afSxed at such place or places open to the workmen and in such a position that it may be easily seen, read, and copied by any person whom it afEeots ; or the contract is in writing, signed by the workman ; and (b) the contract specifies the acts or omissions in respect of which the fine may be imposed, and the amount of the fine or the particulars from which that amount may be ascertained ; and (c) the fine imposed under the contract is in respect of some act or omission which causes or is likely to cause damage or loss to the employer, or interruption or hindrance to his business ; and (p) the amount of the fine is fair and reasonable having regard to all the circumstances of the case. (2.) An employer shall not make any such deduction or receive any such payment, unless — (a) the deduction or payment is made in pursuance of, or in accordance with, such a contract as aforesaid; and (b) particulars in writing showing the acts or omissions in respect of which the fine is imposed and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made. (3.) This section shall apply to the case of a shop assistant in like manner as it applies to the case of a workman. 2. — (1.) An employer shall not make any contract with any workman for any deduction from the sum contracted to be paid by the employer to the workman, or for any payment to the employer by the workman for or in respect of bad or negligent work or injury to the materials or other property of the employer, imless — (a) the terms of the contract are contained in a notice kept constantly affixed at such place or places open to the workmen and in such a position that it may be easily seen, read, and copied by any person whom it affects; or the contract is in writing, signed by the workman ; and (b) the deduction or payment to be made under the contract does TBUCK ACT, 1896. 267 not exceed the actual or estimated damage or loss occasioned to the employer by the act or .omission of the workman, or of some person over whom he has control, or for whom he has by the contract agreed to be responsible ; and (c) the amount of the deduction or payment is fair and reasonable, having regard to all the circumstances of the case. (2.) An employer shall not make any such deduction or receive any such payment unless — (a) the deduction or payment is made in pursuance of, or in accordance with, such a contract as aforesaid ; and (b) particulars in writing showing the acts or omissions in respect of which the deduction or payment is made and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made. 3. — (1.) An employer shall not make any contract with any Deductions or workman for any deduction from the sum contracted to be paid by pay™en(B m the employer to the workman, or for any payment to the employer materials. by the workman for, or in respect of, the use or supply of materials, tools or machines, standing room, light, heat, or for or in respect of any other thing to be done or provided by the employer in relation to the work or labour of the workman unless — (a) the terms of the contract are contained in a notice kept constantly aflBxed at such place or places open to workmen, and in such a position that it may be easily seen, read, and copied by any person whom it afiects; or the contract is in~ writing, signed by the workman ; and (b) the sum to be paid or deducted under the contract in respect of materials, tools or machines, standing room, light, heat, or any other thing, does not exceed, in the case of materials or tools supplied to the workman, the actual or estimated cost thereof to the employer, or in the case of the use of machinery, light, heat, or any other thing in this section mentioned, a fair and reasonable rent or charge, having regard to aU the circumstances of the case. (2.) An employer shall not make any such deduction or receive any such payment unless — (a) the deduction or payment is made in pursuance of, and in accordance with, such a contract as aforesaid; and (b) particulars in writing showing the things in respect of which the deduction or payment is made and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made. 4. If any employer enters into any contract contrary to this Act, Penalty, or makes any deduction or receives any payment contrary to this 268 APPENDIX B. 1 & 2 Will. 4, C.37. Act, he shall be guilty of an offence against the Truck Act, 1831, and shall be liable to the penalties imposed by section nine of that Act as if the offence were an ofEence in that section mentioned. Recovery of payments or deductions. 5. Any workman or shop assistant may recover any sum deducted by or paid to his employer contrary to this Act, provided that proceedings for such recovery are commenced within sis months from the date of the deduction or payment sought to be recovered, and that where he has consented to or acquiesced in any such deduction or payment, he shall only recover the excess which has been deducted or paid over the amount, if any, which the court may find to have been fair and reasonable, having regard to all the circumstances of the case. Production of contract. 6. — (1.) Every employer who has made any contract purporting or intending to operate as a contract under this Act, shall, on demand in writing by one of Her Majesty's inspectors of factories or of mines, produce the contract or a true copy thereof at any convenient time and place to be named by the inspector, and the inspector shall be at liberty to take a copy of the same or of any part thereof, and the employer of any workman or shop assistant who is party to any such contract shall at the time of making the contract give the workman or shop assistant a copy of the contract or of the notice containing its terms. (2.) A workman or shop assistant who is party to any such contract shall be entitled, on request, to obtain from his employer free of charge a copy of the contract or of the notice containing ite terms. (3.) Every employer who has made any contract purporting or intending to operate as a contract under section one of this Act shall keep a register of deductions or payments, and shall enter therein every deduction or payment for or in respect of any fine purporting to be made under any such contract, specifying the amoimt and the nature of the act or omission in respect of which the fine was imposed, and this register shall be at all times open to inspection by one of Her Majesty's inspectors of factories or of mines. (4.) If any person faUs to comply with this section he shall be liable on summary conviction to a fine not exceeding forty shillings. Exemption of 7. A contract entered into under the provisions of this Act shall contract from not be liable to stamp duty, stamp duty. TRUCK ACT, 1896. 269 Saving as to contracts and payments illegal under existing Acts, 1 & 2 WiU. i, 0.37. 50 & 51 Vict. 0.46. 37 & 38 Vict. C.48. 50 & 51 Vict. C.58. Power to exempt from provisions of Act. 8. Nothing in this Act shall make lawful any contract or pay- ment which is illegal under the Truck Acts, 1831 and 1887, or under the Hosiery Manufacture (Wages) Act, 1874, or afiect the provisions of the Coal Mines Regulation Act, 1887, or any amending Act, with respect to persons employed in mines and paid according to weight, or make lawful any deduction from payments made to those persons. 9. — (1.) The Secretary of State, if satisfied that the provisions of this Act are unnecessary for the protection of the workmen employed in any trade or business, or in any branch or department of any trade or business, either generally or within any specified area, may by order under his hand grant an exemption from those provisions in respect of the persons engaged in that trade, business, branch or department, either generally or within that area. (2.) The Secretary of State may at any time amend or revoke any such order. (3.) Every order made under this section shall be laid as soon as may be before both Houses of Parliament, and if either House within the next forty days after the order has been so laid before that House resolves that the order ought to be annulled, the order shall, after the date of that resolution, be of no effect, without prejudice to the validity of anything done in the meantime under the order or to the making of a new order. By an order of the Secretary of State dated March 3rd, 1897, and made in pursuance of this section, an exemption from the provisions of this Act was granted in respect of the persons engaged in all branches of the weaving of cotton in the counties of Lancashire, Cheshire, Derbyshire, and the West Eiding of Yorkshire. 10. Sub-section two of section thirteen of the Truck Amendment Duties of Act, 1887 (which relates to the duty of inspectors) shall apply in inspectors, the case of a laundry, and in the case of any place where work is ^"^ ^^ Vict, given out by the occupier of a factory or workshop, or by a ' contractor, or sub-contractor, in like manner as it applies in the case of a factory. 11. This Act shall come into operation on the first day of Commence- January one thousand eight hundred and ninety-seven. ment. 12. This Act may be cited as the Truck Act, 1896 ; and the Short title Truck Acts, 1831 and 1887, and this Act shall be construed ^J"^ construe- together as one Act and may be cited collectively as the Truck Acts, 1831 to 1896. 270 APPENDIX B. Restrictions on employ- ment of childien. THE PREVENTION OF CRUELTY TO CHILDEEN ACT, 1894. (57 & 58 ViOT, c. 41.) Restrictions on Employment of Children. 2. If any person — (a) causes or procures any child, being a boy under the age of fourteen years, or being a girl under the age of sixteen years, or, having the custody, charge, or care of any such child, allows that child, to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms, whether under the pretence of singing, playing, performing, offering anything for sale, or otherwise; or (b) causes or procures any child, being a boy under the age of fourteen years, or being a girl under the age of sixteen years, or, having the custody, charge, or care of any such child, allows that child, to be in any street, or in any premises licensed for the sale of any intoxicating liquor, other than premises licensed according to law for public entertainm.ents, for the purpose of.'singing, playing, or performing for profit, or offering anything for sale between nine p.m. and six a.m. ; or (o) causes or procures any child under the age of eleven years, or, having the custody, charge, or care of any such child, allows that child, to be at any time in any street, or in any premises licensed for the sale of any intoxicating liquor, or in premises licensed according to law for public entertain- ments, or in any circus or other place of public amusement to which the public are admitted by payment, for the purpose of singing, playing, or performing for profit, or offering anything for sale ; or (d) causes or procures any child under the age of sixteen years, or, having the custody, charge, or care of any such cMId, allows that child to be in any place for the purpose of being trained as an acrobat, contortionist, or circus performer, or of being trained for any exhibition or performance which in its nature is dangerous, that person shall, on summary conviction, be liable, at the discre- tion of the coTirt, to a fine not exceeding twenty-five pounds, or alternatively, or in default of payment of such fine, or in addition thereto, to imprisonment, with or without hard labotir, for any term not exceeding three months. PREVENTION OP CEUELTY TO CHILDREN ACT, 1894. 271 Provided that — (i.) This section shall not apply in the case of any occasional sale or entertainment the net proceeds of which are whoUy applied for the benefit of any school or to any charitable object, if such sale or entertainment is held elsewhere than in premises which are licensed for the sale of any intoxicating liquor but not licensed according to law for public entertain- ments, or if, in the case of a sale or entertainment held in any such premises as aforesaid, a special exemption from the provisions of this section has been granted in writing under the hands of two justices of the peace ; and (ii.) Any local authority may, if they think it necessary or desirable so to do, from time to time by byelaw extend or restrict the hours mentioned in paragraph (b) of this section, either on every day or on any specified day or days of the week, and either as to the whole of their district or as to any specified area therein ; and (iii.) Paragraphs (c) and (d) of this section shall not apply in any case in respect of which a licence granted under this Act is in force, so far as that licence extends ; and (iv.) Paragraph (b) of this section shall not apply in the case of a person who is the parent or legal guardian of a child, and himself trains the cMld. 8. — (1.) A petty sessional court, or in Scotland the school board. Licences for may, notwithstanding anything in this Act, grant a licence for such employment 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 Uoensed according to law for public entertainments, or in any circus or other place of public amusement as aforesaid ; or (b) to be trained as aforesaid ; or (o) 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 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 Uoenoe. 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 inspector appointed under section sixty-seven of the Factory and Workshop Act, 1878, 41 & 42 Vict. c.16. 272 APPENDIX B. 39 & 40 Vict. c. 79. 41 & 42 Vict. C.78. specially and in addition to any other nsnal duties, the duty of seeing whether the restrictions and conditions of any licence imder 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. As to the powers of entry and inspection see Sec. 119 of the Act of 1901, a/nte, p 153. (3.) Where any person applies for a licence Tinder 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 authority 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 Koence is granted under this section 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 and workshops acting for the district in which the licence 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 section shall afEect the provisions of the Elementary Education Act, 1876, or the Education (Scotiand) Act, 1878. Short title. Commence- ment of Act. THE SHOP HOURS ACTS, 1892 to 1895. SHOP HOUES ACT, 1892. (55 & 66 Vict. c. 62.) An Act to amend the Law relating to the Employment of Toung Persons in Shops. [28th June, 1892.] Whereas 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 Act, 1892. 2, This Act shall come into operation on the first day of September one thousand eight hundred and ninety-two. SHOP HOUES ACT, 1892. 273 3. — (1.) No young person Bhall be employed in or about a shop Hours of for a longer period than seventy-foui hours, including meal times, employment 1 in shops. in any one week. ^ (2.) No young person shall to the knowledge of his employer be employed in or about a shop having been previously on the same day employed in any factory or workshop, as defined by the Factory 41 & 42 Vict. and "Workshop Act, 1878, for the number of hours permitted by o. 16. the said Act or for a longer period than wiU together with the time during which he has been so previously employed complete such number of hours. hours to be given. 4. In every shop in which a young person is employed a notice Notice of 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 lawfully be employed in that shop. For penalty see Sec. 1 of the Act otl&d5,po,it, p. 275. 5. Where any young person is employed in or about a shop con- Fine for trary to the provisions of this Act, the employer shall be liable to a e™ploymg •' ^ JJ.T. ij persons con- fine not exceeding one pound for each person so employed. ^rary to the Act. 6. Where the employer of any young person is charged with an „ , ofi^ence against this Act, he shall be entitled upon information duly occupier to laid by him to have any other person whom he charges as the actual exempt him- oflender brought before the court at the time appointed for hearing ™ lonvkition the charge ; and if, after the commission of the ofience has been of actual proved, the said employer proves to the satisfaction of the court offender, that he has used due diligence to enforce the execution of the Act, and that the said other person has committed the offence in question without his knowledge, consent, or connivance, the said other person shall be summarily convicted of such offence, and the occupier shall be exempt from any fine. 7. AU offences under this Act shall be prosecuted, and all fines Summary under this Act shall be recovered, in like manner as offences and proceedings, fines are prosecuted and recovered imder the Factory and Workshop Act, 1878, and sections eighty-eight, eighty-nine, ninety, and ninety-one of the said Act(a), and so much of section ninety-two (a) 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 provisions are applicable, shall have effect as if re-enacted in this Act and in terms made applicable thereto. (a) The corresponding sections of the Act of 1901 are 143 to 147, 159 and 160. F.A. 18 274 APPENDIX B. Appointment of inspectors. Interpreta- tion. 41 & 42 Vict. i;.16. Exemption of members of the same family, and servants. 8. The council of any county or borough, and in the city of London the common council, may appoint such inspectors as they may think necessary 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 (a), 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. (a) The corresponding sections of the Act of 1901 are 119 and 121. 9. In this Act, unless the context otherwise requires — " Shop "means retail and wholesale shops, markets, stalls, and warehouses in which assistants are employed for hire, and includes licensed public-houses and refreshm.ent houses of any kind : As to this definition, see 8aA}oy Hotel Co. v. London County CowicU [1901] 1 Q. B. 665. "Young person" means a person under the age of eighteen years : Other words and expressions have the same meanings respectively as in the Factory and Workshop Act, 1878. 10. Nothing in this Act shall apply to a shop where the only persons employed are members of the same family, dweUing in the bmlding 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 whoUy employed as a domestic servant. Short titles. Salaries and expenses. SHOP HOURS ACT, 1893. (56 & 57 ViOT. c. 67.) An Act to amend the Shop Hours Act, 1892. [21st December, 1893.] Be it enacted ... as follgws : — 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. 2. — (1.) Any salaries payable or other expenses incurred by the councU of a county or a borough for the purposes of the Shop Hours / SHOP HOUES ACT, 1893. 275 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 rate leviable by them as such commissioners throughout the whole of their district. 8. In the application to Scotland of the Shop Hours Act, 1892, Definitions, 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. (38 Vict. c. 5.) An Act to amend the Shop Hours Act, 1892. [9th April, 1895.] Be it enacted as follows : — 1. If any em,ployer fails to keep exhibited the notice required by Penalty on section four of the Shop Hours Act, 1892, in manner required by failure to that section, he shall be liable to a fine not exoeediag forty 55"&'5e Vict shillings. 0. 62, B. 4. 2. This Act may be cited as the Shop Hours Act, 1895, and shall Short title be construed as part of the Shop Homs Act, 1892, and the Shop and con- Hours Acts, 1892 and 1893, and this Act may be cited collectively sti'"<=*io°- as the Shop Hours Acts, 1892 to 1895. 18—2 APPENDIX C. Regulations for conduct of public elementary school. THE ELEMENTAET EDUCATION ACT, 1870. (33 & 34 ViOT. c. 75.) 3. In this Act — The term " elementary school " means a school or department of a school at which elementary education is the principal part of the education there given, and does not include any school or department of a school at which the ordinary pay- ments in respect of the instruction, from each scholar, exceed ninepence a week. 7. Every elementary school which is conducted in accordance with the following regulations shall be a public elementary school within the meaning of this Act ; and every public elementary school shall be conducted in accordance with the following regula- tions (a copy of which regulations shall be conspicuously put up in every such sohooll; namely, (1.) It shall not be required, as a condition of any child being admitted into or continuing in the school, that he shall attend or abstain from attending any Sunday school, or any place of religious worship, or that he shall attend any religious obser- vance or any instruction in religious subjects in the school or elsewhere, from which observance or instruction he may be withdrawn by his parent, or that he shall, if withdrawn by his parent, attend the school on any day exclusively set apart for religious observance by the religious body to which his parent belongs : (2.) The time or times during which any religious observance is practised or instruction in religious subjects is given at any meeting of the school shall be either at the beginning or at the end or at the beginning and the end of such meeting, and shall be inserted in a time table to be approved by the Educa- tion Department, and to be kept permanently and conspicuously aflBxed in every schoolroom; and any scholar may be with- ELEMENTARY EDUCATION ACT, 1870. 277 drawn, by his parent from suoli observance or instruction with- out forfeiting any of the other benefits of the school : (3.) The school shall be open at aU times to the inspection of any of Her Majesty's inspectors, so, however, that it shall be no part of the duties of such inspector to inquire into any instruction in religious subjects given at such school, or to examine any scholar therein in religious knowledge or in any religious subject or book : (4.) The school shall be conducted in accordance with the con- ditions required to be fulfilled by an elementary school in order to obtain an annual parliamentary grant. Proceedings for Supply of Schools. 8. For the purpose of determining with respect to every school Determina- district the amount of public school accommodation, if any, required ^on by for such district, the Education Department shall, immediately Uenartment after the passing of this Act, cause such returns to be made as in of deficiency this Act mentioned, and on receiving those returns, and after such °* public inquiry, if any, as they think necessary, shall consider whether any moijation and what public school accommodation is required for such district, and in so doing they shall take into consideration every school, whether public elementary or not, and whether actually situated in the school district or not, which in their opinion gives, or will when completed give, efficient elementary education to, and is, or will when completed be, suitable for the children of such district. 9. The Education Department shall publish a notice of their Notice by decision as to the public school accommodation for any school Education district, setting forth with respect to such district the description Department thereof, the number, size, and description of the schools (if any) school accom- available for such district, which the Education Department has modation taken into consideration as above mentioned, and the amoimt and "^^quired. description of the public school accommodation, if any, which appears to them to be required for the district, and any other particulars which the Education Department think expedient. If any persons being either — (1.) Ratepayers of the district, not less than ten, or if less than ten being rated to the poor rate upon a rateable value of not less than one third of the whole rateable value of the district, or, (2.) The managers of any elementary school in the district, feel aggrieved by such decision, such persons may, within one month after the publication of the notice, apply in writing to the Education Department for and the Education Department shall 278 APPENDIX C. direct the holding of a public inquiry in manner provided by this Act. At any time after the expiration of such month, if no public inquiry is directed, or after the receipt of the report made after such inquiry, as the case may be, the Education Department may, if they think that the amount of public school accommodation for the district is insufficient, publish a final notice stating the same particulars as were contained in the former notice, with such modifications (if any) as they think fit to make, and directing that the public school accommodation therein mentioned as required be supplied. Begulation as to employ- ment of child under ten, and certificate of education or preTiouB school attend- ance being condition of employment of child over ten. ELBMENTAEY EDUCATION ACT, 1876. (39 & 40 Vict. c. 79.) 5. A person shall not, after the commencement of this Act, take into his employment (except as herein-after in this Act mentioned) any chUd (a) — (1.) Who is under the age of ten years ; or (2.) "Who, being of the age of ten years or upwards, has not obtained such certificate either of his proficiency in reading, writing, and elementary arithmetic, or of previous due attend- ance at a certified efficient school, as is in this Act in that behalf mentioned, unless such chUd, being of the age of ten years or upwards, is employed, and is attending school in accordance with the provisions of the Factory Acts (6), or of any bye-law of the local authority (herein-after mentioned) made under section seventy-four of the Elementary Education Act, 1870, as amended by the Elementary Education Act, 1873, and this Act, and sanctioned by the Education Department. (a) " Child " means a child between the age of 5 and 14 years : Sec. 48. (i) See Sec. 4 of the Elementary Education Act, 1880, post, p. 2S1. Penalty f or employing a child in con- travention of Act. Enforcement of Act by school board or Bchool attendance 6. Every person who takes a child into his employment in contravention of this Act shall be liable, on summary conviction, to a penalty not exceeding forty shillings. 7. The provisions of this Act respecting the employment of children shaU be enforced — (1.) In a school district within the jurisdiction of a school board, by that board ; and ELEMENTAET EDUCATION ACT, 1876. 279 (2.) In every other school district by a committee (ia this Act committee of referred to as a school attendance committee) appointed existmg local annually, if it is a borough, by the council of the borough, ^^y inspectors and, if it is a parish, by the guardians of the union comprising of factories or such parish. ™"«^- A school attendance committee under this section may consist of not less than siK nor more than twelve members of the council or guardians appointing the committee, so, however, that, in the case of a committee appointed by guardians, one third at least shall consist of ex-officio guardians, if there are any and sufficient ex-offioio guardians. Every such school board and school attendance committee (in this Act referred to as the local authority) shall, as soon as may be, publish the provisions of this Act within their jurisdiction in such manner as they think best calculated for making those provisions known. Provided that it shall be the duty of the inspectors and sub- inspectors acting under the Acts regulating factories, workshops, and mines respectively, 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 perfoimanoe of their duty by information and otherwise. It shall be the duty of such local authority to report to the Education Department any infraction of the provisions of section seven of the Elementary Education Act, 1870, in any public elementary school within their district which may come to their knowledge, and also to forward to the Education Department any complaint which they may receive of the infraction of those provisions. 16. If a Secretary of State is satisfied that, owing to the circxim- Establish- stances of any class of population in any school district, a school in "'snt, &c., of which industrial training, elementary education, and one or more schools, meals a day, but not lodging, are provided for the children, is necessary or expedient for the proper training and control of the children of such class, he may, in like manner as under the Indus- trial Schools Act, 1866, certify any such school (in this Act referred to as a day industrial school) in the neighbourhood of the said population to be a certified day industrial school. Any child authorised by the Industrial Schools Act, 1866, to be sent to a certified industrial school, may, if the court before whom the child is brought think it expedient, be sent to a certified day industrial school ; any child sent to a certified day industrial school 280 APPENDIX C. Supplemental provisions as to certificates of proficiency and previous attendance at school. by an order of a court (other than an attendance order tinder this Act) may during the period specified in the order be there detained during such hours as may be authorised by the rules of the school approved by the said Secretary of State. A certified day industrial school shall be deemed to be a certified efficient school within the meaning of this Act. 24. The certificates of proficiency of a child in reading, writing, and elementary arithmetic, and of the previous due attendance of a child at a certified efficient school for the purposes of this Act, shall be certificates of proficiency and previous due attendance ascertained according to the standards set forth in the First Schedule to this Act (a), and such certificate shall be granted to the child entitled to the same free of cost or charge to such child, or to the parent of such child. The Education Department may from time to time by order make, and when made revoke and vary, regulations with respect to certificates of age for the purposes of this Act and the persons by whom and the form in which certificates of the said proficiency and due attendance are to be granted, and with respect to other matters relating thereto, and with respect to the preservation of registers and other records of such proficiency and attendance, and such regulations shall be observed by the local authority and the managers of certified efficient schools. All regulations made by the Education Department under this section sljall be laid before Parliament in the same manner as minutes of the Education Department relating to the uTinnal parliamentary grant. (a) The standards set forth in the First Schedule are as follows — For the purpose of Employment. (1.) The standard of proficiency in reading, writing, and elementary arithmetic for the purpose of a certificate under this Act enabling a child to be employed shall be — (A) The standard of reading, writing, and elementary arithmetic fixed by standard four of the Code of 1876, or any higher standard. (2.) The standard of previous due attendance at a certified efficient school for the purpose of a certificate under this Act enabling a child to be employed shall be [two hundred and fifty\ {a) attendances after five years of age in not more than two schools during each year for five years, whether consecutive or not. (a) Altered to 350 by Sec. 7 of the Elementary Education Act, 1900. Returns of 26. Every registrar of bijths and deaths, when and as required '^^h th™ d ^y ^ local authority, shaU transmit, by post or otherwise, a return, deaths to of such of the particulars registered by him concerning deaths and school boards. ELEMENTARY EDUCATION ACT, 1876. 281 births of children as may be specified in the reqxdsition of the local authority. The local authority may supply a form, approved by the Local Government Board, for the purpose of the return, and in that case the return shall be made in the form so supplied. 39. Where the offence of taking a child into employment in Exemption of contravention of this Act is in fact committed by an agent or work- employer on man of the employer, such agent or workman shall be liable to a ^f "ggj^g Ser penalty as it he were the employer. pereon. Where a child is taken into employment in contravention of this Act on the production by or with the privity of the parent of a false or forged certificate, or on the false representation of his parent that the child is of an age at which such employment is not in contravention of this Act, that parent shall be liable to a penalty not exceeding forty shillings. Where an employer charged with taking a child into his employ- ment in contravention of this Act proves that he has used due diligence to enforce the observance of this Act, and either that some agent or workman of his employed the child without his knowledge or consent, or that the child was employed either on the production of a forged or false certificate and under the belief in good faith in the genuineness and truth of such certificate, or on the representation by his parent that the child was of an age at which his employment would not be in contravention of this Act and under the belief in good faith in such representation, the employer shall be exempt from any penalty. Where an employer satisfies the local authority, inspector, or other person about to institute a prosecution that he is exempt under this section by reason of some agent, workman, or parent being guilty, and gives all facilities in his power for proceeding against and convicting such agent, workman, or parent, such authority, inspector, or person shall institute proceedings against such agent, workman, or parent, and not against the employer. BLBMBNTARY EDUCATION ACT, 1880. (43 & 44 ViOT. c. 23.) 4. Every person who takes into his employment a child of the Enforcing of age of ten and under the age of thirteen years (ns) resident in a bye-laws, 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 282 APPENDIX C. 39 & 40 Vict. C.79. 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 (6), (a) By Sec. 6 of the Elementary Education Act, 1900, the age is raised to 14 years. (J) In factories and workshops the prOTisions of this section are enforced by factory inspectors (see Sec. 7 (2) of the Act of 1876, amte, p. 279). As to the penalty, see Sec. 6 of the Act of 1876, ante, p. 278. School attendance. 41 & 42 Vict. C.78. Power to grant partial exemption from school attendance on conditions. EDUCATION (SCOTLAND) ACT, 1901. (1 Edw. Vn. c. 9.) 2. It shall not be lawful for any person to take into his employ- ment any child (1) who is under the age of twelve years, or (2) who, being of the age of twelve years and not more than fourteen years, has not obtained exemption from the obligation to attend school from the school board of the district in the manner provided in the next following section ; nor shall any child (1) who is under the age of twelve years, or (2) who, being of the age of twelve years and not more than fourteen years, has not been exempted from the obligation to attend school in manner aforesaid, be employed in any casual employment, as defined by section six of the Education (Scotland) Act, 1878, after nine o'clock at night, from the first day of April to the first day of October, and after seven o'clock at night from the first day of October to the first day of April. Provided that nothing in this section shall prevent any employer from emplojring any child who is lawfully employed by hitn or by any other person at the date of the commencement of this Act. S. It shall be lawful for any school board, where after due inquiry in each case the circumstances seeni to justify such exemption, to grant exemption from the obligation to attend school to individual children over twelve years of age, for such time and upon such conditions, if any, as to the amount and manner of further attendance at school until the age of fourteen, as the school board shall think fit ; and such exemption shall exempt the parent of such child from any prosecution or other proceeding under the Education Acts for neglecting to provide for the education of such chUd. Provided that any school board granting such exemption to individual children shall keep a register wherein shall be entered the names of children so exempted, and a statement of the circum- stances in which and the conditions upon which such exemption has in each case been granted. EDUCATION (Scotland) act, 1901. 283 Provided also that the Department shall have power, when it sees fit, to call upon any school board for a return of the children to ■whom Buch exemption has been granted, and of the oiroumstanoes in which and the conditions upon which such exemption has in each case been granted ; and if, after due inquiry, the Department is satisfied that such exemption has been granted by any school board in circumstances which did not justify its being so granted, or that the conditions on which such exemption has been granted are insufficient, or that the attendance of scholars within the district of such school board, or any part thereof, is unsatisfactory, the Department may call upon such school board to recall such exemp- tion, or to take steps to improve the attendance ; and if the said school board fail to do so within a reasonable time, it shall be lawful for the Department to withhold or reduce the parliamentary grant made to the said school board under section 67 of the Education (Scotland) Act, 1872. Bevised Kegulations of the 21st Slarch, 1901, as to Certifi- cates of Age, Proficiency, and School Attendance. (Elembntaut Education Act, 1876, s. 24.) Certificates of Age. 1. A certificate of the date of a child's birth will be granted by a registrar or superintendent registrar of births and deaths on presenta- tion of a requisition in a form prescribed for the purpose by the Local Government Board, pursuant to the 20th section' of the Eactory and Workshop Act, 1891. The prescribed form of requisition is annexed to this Order (Schedule I.). The fee for such certificate is not to exceed &d. (Order of Local Oovernment Board, dated IQth October, 1891.) 2. A statutory declaration of the date of a child's birth, made by the parent of the child before a magistrate, may be accepted by the i local authority in place of a registrar's certificate. The declaration shall be made on the form annexed to this Order (Schedule 11.). 3. When a local authority, under the power given by the 26th section of the Elementary Education Act, 1876, have obtained a return of the births of children in their district which will enable them to grant age certificates to individual children, they shall, on the application of any parent or other person interested in the education or employment of a child, grant such certificate under the hand of their clerk, or other officer deputed for the purpose, for a fee not exceeding 4d. for each child. This certificate is to be given in the form herein-after prescribed for labour certificates (Schedule m.), or, in the case of a child over thirteen years of age, in the form prescribed in Schedule IV. 284 APPENDIX C. Certificates of Proficiency. 4. Certificates of proficiency are certificates of haying reached or passed any standard prescribed by the Code. To reach or pass a standard a child must be individually examined in reading, writing, and arithmetic in that or a higher standard, and must pass in each of those subjects. 5. At any visit of an inspector to any public elementary or other certified efficient school, the managers are required to admit to examination, and the inspector to examine for a certificate of pro- ficiency, any child over twelve years, or if the child is to be employed in agriculture under any byelaw made under section 1, Elementary Education (School Attendance) Act, 1893, Amendment Act, 1899, over eleven years of age, whether a scholar in the school or not, if the child's parent or guardian or the local authority apply for the child to be examined for such a certificate ; but the inspector is at liberty to refuse to examine any child for whose examination due provision is made elsewhere, or any child who has not been instructed for at least six months in the standard in which he is presented, or who has failed in that standard at an examination held in the previous three months. 6. The inspector may, in concert with the local authority, hold such special examinations as he may think necessary of children over eleven years of age, whom their parents or guardians or the local authority wish to be examined for certificates of proficiency. 7. The inspector does not grant certificates to individual children, but after every examination held as above he sends to the managers of the school, or in the case of a special examination to the local authority, a schedule containing the names of the children who have passed in aU the three elementary subjects in any standard, with a certificate that such children have reached the standards entered opposite to their names. 8. If the local authority do not make arrangements to obtain from the managers a copy of so much of this schedule as they require, they may accept a certificate under the hand of the principal teacher of any certified efficient school as evidence that any scholar in such school has been certified by one of His Majesty's inspectors to have reached a particular standard. The principal teacher shall give such certificate, free of charge, in the form given in the second column of Certificate No. 1 in the Third Schedule to this Order, or, in the case of a child over thirteen years of age, and employed under the provisions of the Elementary Education Act, 1876, in the form given in the Fifth Schedule to this Order. REVISED EEGULATI0N8 AS TO AGE, ETC. 285 Gertificatea of School Attendance. 9. Any local aul^hority, parent, or other person interested in the employment or education of a child over twelve and under fourteen, may require the principal teacher for the time being of any certified efficient school, which such child has attended, to furnish a certifi- cate specifying the number of school attendances made by the child in the school during each year, for which the school registers are preserved. 10. The teacher shall give such certificate in the form annexed to this Order (Schedule VI.), in the first case free of charge, and for a fee not exceeding Id. for each year's attendances in the case of the second or any subsequent certificate, that may be demanded in respect of such child. Lahov/r Certificates. 12. Any parent or other person interested in the employm.ent or education of any child may apply to the local authority of the district in which the child resides for a labour certificate. The applicant must present to the local authority the evidence of age prescribed above ; he must further present either the certificate of proficiency, or that of school attendance prescribed above, and the local authority, if they are satisfied that the child is qualified for total or partial exemption from school attendance under the byelaws of the district, or for employment in agriculture xmder any byelaw made in that behalf, or for employment under the First Schedule to the Elementary Education Act, 1876, shall furnish the certificate asked for in one of the forms given in the Third Schedule to this Order. Workhouse Schools. 16. In the case of Workhouse Schools, certified to be efficient by the Local Grovernment Board, and in which registers of attendance are duly kept, pursuant to a General Order of the said Board, — (1.) The term "attendance" has the meaning prescribed by the Order of the Local Q-overnmeut Board dated 27th of October, 1877. (2.) Certificates of school attendance will be granted to the scholars, by one of the principal teachers of the school, or by the clerk, or other officer of the guardians deputed for the purpose. (3.) Certificates of proficiency will be granted, after examination, by one of the school inspectors of the Local Government Board, and not by His Majesty's inspectors. 286 APPENDIX C. Board of Education. Form 123. SCHEDULE I. EEQtnSITrOlT to EeGISTEAES roa OBRTrFICATES OF BlBTH. ScaEffiDirLB. Requuition for a Certified Copy of an Entry of Birth for the purposes of the Factory and Worleshop Ad, 1891, or for any purpose con- nected with the Elemeirdary Editaxtion or Employment in Lahov/r of a Child or Yowng Person wnder the Age of Siodeen Tears. To the Superintendent Eegistrar or Begistrar of Births and Deaths having the custody of the register in which the birth of the under-mentioned child or young person is registered. I, the undersigned, hereby demand for the purposes above- mentioned, or some or one of them, a certificate of the birth of the child or young person named in the subjoined schedule. Christian Name and Surname ot the Child or Toung Person of whose Age a Certificate is required. Names of ^he Parents of Buoh Child or Young Person. "Where such Child or Toung Person was Born. In what Year such Child or Toung Person Father. Mother. was Born. Dated this Signature Address Occupation day of 19 SCHEDULES. 287 Board of Education. Form 1 23 (a). SCHEDULE n. Statutory Declaration hy Parent, 44 & 45 Vid. c. 41, a. 68. I hereby solemnly declare that was born on the day of A.D. And I make the above declaration oonscientioTisly believing the same to be true, andby virtue of the Statutory Declarations Act, 1833. Declared before me at in . the (o) of this day of 19 . [,„. ,^ (Signed) , mgr^^) Justice of the Peace fori the (a) of .' (a) County or Borough. Board of Education. Form 146 (a). SCHEDULE m. School District of Labowr Certificate, No. 1. Age and Employment. I certify that A.B., residing at was on the day of 19 , not less than twelve years of age, hav- ing been bom on the day of 1 , as appears by the registrar's certificate [or the statutory declaratimb] now pro- duced to me, {a) and has been shown to the satisfaction of the local authority for this district to be beneficially employed. (Signed) (5) Clerk to the (c) for the above district. Proficiency. I certify that A.B., residing at _ has received a certi- ficate from one of His Majesty's Inspectors of Schools, that he {or she) has (d) reached the Standard. (Signed) , Principal Teacher of the School. or (i) Clerk to the (c) for the above district. (a) Strike out what follows if the child is qualified for fuU time employment. (J) Or other officer. (c) School Board or School Attendance Committee. (j£) To reach a, standard a child must be individually examined in reading, writing, and arithmetic in that or a higher standard, and must pass in each of those subjects. 288 APPENDIX C. Board of Education. Form 146 a (1). School District of Labour CerUjicate, No. 1 (a) (J"^ 'ofoZ exemption after 13 yewn of age). Age and Employment. I certify that A.B., Tosiding at was on the day of 19 , not less than thirteen years of age, haying been bom on the day of I , as appears by the registrar's certificate [or the statutory declaration] now produced to me, and has been shown to the satisfaction of the local authority for this district to be beneficially employed. (Signed) , (o) Clerk to the (J) for the above district. Previous Attendance. I certify that A.B,, residing at has made 3d0 attend- ances in not more than two schools during each year for five preceding years, whether consecutive or not, as shown by the (c) certificate furnished by the Principal Teacher of the (d) School. (Signed) , (a) Clerk to the (6) for the above district. (a) Or other oflBcer. (V) School Board or School Attendance Committee. (c) For this certificate see Schedule VI. (rf) Here name school or schools in which the attendances have been made. N.B. — In districts where the bye-laws extend to the age of 14, this certificate can only be granted if the bye-laws permit fuU time exemption on an attendance qualification. Board of Education. Porm 146 (b). School District of Labour Certificate, No. 2 {for partial exemption otHy). Age and Employment. I certify that A.B., residing at was on the day of 19 , not less than twelve years of age, having been bom on the Previous Attendance. 1 certify that A.B., residing at has made 300 attend- ances in not more than two schools during each year for five preceding years, whether SCHEDULES. 289 Labour Certificate, No. 2 — continued. day of 1 , as appears by the registrar's certificate [or the statutory declaration] now produced to me, and has been shown to the satisfaction of the local authority for this distiict to be beneficially employed. (Signed) (a) Clerk to the (J) for the above district. consecutive or not, as shown by the (c) certificate furnished by the Principal Teacher of the (d) School. (Signed) (a) Clerk to the (b) for the above district. (a) Or other officer. (J) School Board or School Attendance Committee. (c) For this certificate see Schedule VI. (d) Here name school or schools in which the attendances have been made. Board of Education. Form 144 (a). SCHEDULE IV. (The following certificate applies only to cases of children over 13 years of age.) Certificate of Age for the pwrpoae of Employment under Section 5, Elementary Educapion Act, 1876. I certify that A.B., residing at , was on the day of 19 , not less than thirteen years of age, having been bom on the day of 1 , as appears by the Registrar's certificate [or the statutory declaration'] now produced to me. Signed Clerk to the (a) of (a) School Board or School Attendance Committee. F.A. 19 290 APPENDIX C. Board of Education. Form 144 (b). SCHEDULE V. (The foUowing certificate applies only to cases of children over 13 years of age.) Certificate of Proficiency for thepurpoee of Em/ployment under Section 5, Elementary Edtication Act, 1876. I hereby certify that A.B., residing at has received a certificate from , one of His Majesty's Inspectors of Schools, that he {or she) has reached (a) the standard of reading, writing, and elementary arithmetic fixed by Standard IV. of the Code of 1876. Signed , Principal Teacher of the School, or Clerk to the (6) of (a) To reach a standard a child must be indlTidually examined in reading, writing, and arithmetic in that or a higher standard, and must pass in each of those subjects. (J) School Board or School Attendance Committee. Board of Education. Form 144 (c). SCHEDULE YI. Certificate of School Attendance for the purpose of Employment under Section 5, Elementary Education Act, 1876, or for total or partial Exemption under the Bye-la/uos. (a) School. I hereby certify that the following particulars with respect to the attendances made by the child named below, at this school after attaining the age of 5 years, are correctly taken from the registers of the school. Name in full, and Besldence of OhUd. Number of Attendances made within the 13 months ending the Slst December. Signed this day of 19 . Principal Teacher of the above-named School. (a) Enter name in full, and state whether a public elementary, or certified efScient school. APPENDIX D. LIST OF NOTICES AND DOCUMENTS EEQUIEED TO BE AJPEIXED IN THE FACTORY OE, WORKSHOP OE SERVED ON AN INSPECTOR. Notices, &c., to be affixed and sent to th.e Inspector for the District. Sec. 35. Notice of annual holidays and hall holidays. (This notice must be affixed and a copy sent to the inspector during the first week in January.) Sec. 35. Notice of any change in holidays or half holidays. (To be affixed and sent not less than fourteen days before the holiday or half holiday to ■which it applies.) Sees. 36, 60. Notice of intention to employ women and young persons between 9 a.m. and 9 p.m., in pursuance of special exception granted by Special Order of the Secretary of State. Sees. 37, 60. Notice of intention to employ male young persons above 16 in lace factories between 4 a.m. and 10 p.m. Sees. 38, 60. Notice of intention to employ male young persons above 16 in bakehouses between 6 a.m. and 9 p.m. Sees. 39, 60. Notice of intention to work continuously for five hours without an interval for a meal. (This is permitted in certain textile factories.) Sees. 40, 60. Notice of intention to allow different meal times for different sets, and to employ women, young persons, or children during meal times. Sees. 41, 60. Notice of intention to employ young persons or women in pursuance of special exception to prevent destruction or spoiling of fish or fruit. Sees. 42, 60. Notice of intention to employ women or young persons in pursuance of special exception in the case of creameries. Sees. 43, 60. Notice of intention to substitute another day for Saturday. (This exception may be granted by Special Order to any class of non-textile factories or workshops.) 19—2 292 APPENDIX D. Sees. 44, 60. Notice of intention to employ -women or young persons on Saturday until 4.30, in Turkey red dyeing. Sees. 45, 60. Notice of intention to allow different annual whole or half holidays to different sets. (This exception may be granted by Special Order to any class of non-textile factories or workshops.) Sees. 46, 60. Notice of intention to employ persons inside and outside the factory or workshop on the same day. (This may be permitted by Special Order. There is no Order in force at present.) Sees. 47, 60. Notice, of intention by Jewish occupier to employ women and young persons extra time on week-days, or on Saturday evenings, instead of on Saturdays. Sees. 48, 60. Notice of intention by Jewish occupier to employ Jewish women or young persons on Sunday instead of Saturday. Sees. 49, 60. Notice of intention to employ women overtime for press of work. (This is permitted in certain non-textile factories and workshops.) Sees. 50, 60. Notice of intention to employ women overtime on perishable articles. Sees. 51, 60. Notice of intention to employ women, young persons, or children overtime on incomplete process. Sees. 52, 60. Notice of intention to employ women or young persons overtime in factories driven by water. Sees. 53, 60. Notice of intention to employ women or young persons overtime to prevent damage in Turkey red dyeing or open-air bleaching. Sees. 54, 60. Notice of intention to employ male young persons of 14 during the night. (Permitted in certain non -textile factories and workshops.) Sees. 55, 60. Notice of intention to employ male young persons of 14 during the accustomed hours of the works iu glass works. Sees. 56, 60. Notice of intention to employ male young persons of 16 during two nights a week in newspaper printing. Sees. 57, 60. Notice of intention as to employment of women in flax scutch mills worked intermittently, and conducted on the system of not employing children or young persons. Sees. 92, 96. The readings of thermometers in cotton doth and other humid factories. (These must be forwarded to the inspector at the end of each month.) LIST OP NOTICES. 293 Notices to be affixed in the Factory or Workshop, and sent to such Inspector as the Secretary of State, by declaration published in the London Gazette or otherwise, directs. Sec. 30. Notice as to eight hours' employment on Saturday. (In a non-textile factory or workshop any woman or young person who has not been employed for more than eight hours on any day in a week, may be employed for eight hours on Saturday.) Sec. 32. Notice of an intention to change the period of employment, times for meals, or system of employment of children. Notices, &c., to be sent to the Chief Inspector of Eactories. Sees. 93 (1), 96. Notice of the production of humidity by artificial means in cotton cloth and other humid textile factories. Sees. 93 (3), 96. Notice of the cessation of the production of humidity by artificial means in cotton cloth and other humid factories. Sec. 130. Periodical returns of persons employed to be sent at intervals of not less than one nor more than three years. Notices, &c., to be sent to the Inspector for the District. Sec. 127. Notice of occupation of factory or workshop. (To be sent within one month after the commencement of the occupation.) Sec. 19. Notice of any accident causing death or bodily injury. (In certain cases this notice must also be sent to the certifjring surgeon for the district.) Sec. 60 (4). Report containing particulars of the employment of any woman, young person, or child in pursuance of any special exception. Sec. 73 (3). Notice of every case of lead, phosphorus, or arsenical or mercurial poisoning, or anthrax, occurring in the factory or workshop. (This notice must also be sent to the certifying surgeon for the district.) 294 APPENDIX D. Notices, &c., to be sent to such Inspector as the Secretary of State, by declaration published in the liondon Gazette or otherwise, directs. Sec. 29. Notice of intention to conduct workshop on tte system of not employing either children or young persons ; and notice of intention to change such system. Sec. 57. Notice of intention to conduct flax scutch mill on the system of not employing children or young persons. Sec. 107. Such copies of or extracts from lists of outworkers as the inspector may from time to time require. (Copies of these lists must also be sent half-yearly to the district council.) Sec. 129. Such extracts from the general register as the inspector from time to time requires. Notices, &c., to be affixed in the Factory or Workshop. Sec. 3. Notice specifying the number of persons who may be employed in each room of the factory or workshop. Sec. 32. Notice specifying the period of employment, the times allowed for meals, and whether the children are employed on the system of morning and afternoon sets or of alternate days. Sec. 60 (4). Notice containing prescribed particulars respecting overtime employment. Sec. 77. Notice of prohibition of employment of young persons and children in certain factories and workshops. Sec. 78. Notice of parts of certain factories and workshops in which women, young persons, and children may not be allowed to remain during meal times. Sec. 86 (Sec. 11 of the Act of 1891). Printed copies of Special Eules or Begulations in trades certified to be dangerous. (A printed copy of such Eules or Eegulations must be given by the occupier to any person aSected, on appUcatioa.) Sees. 92, 96. In the case of cotton cloth and other humid factories, a copy of the table set out in the Fourth Schedule. Sec. 116. Particulars of work and rate of wages for piece- workers. Sec. 128. The prescribed abstract of the Act. Notice of the name and address of the prescribed inspector. Notice of the name and address of the certifying surgeon for the district. Notice of the clock (if any) by which the period of employment and times for meals are regulated. INDEX. Abstract, affixing of, in factories and workshops, 160 laundries, 122 tenement factories, 105 not required in domestic factories or workshops, 140 men's workshops, 187 publication of, for domestic factories and workshops, 141 Accidents, duty of employer of person killed or injured by, to report to occupier, 31 formal investigation of, 33, 34 inquest in case of death by, 32, 33 investigation and report by certifying surgeon, 32 fee for, 158 notice of, 30, 31 particulars of, to be entered in register, 161 power of Secretary of State to direct formal investigation of, 33 — 35 provisions with respect to, apply to laundries, 31, 122 docks, wharves, quays, and warehouses, 124 certain machinery and buildings, 127, 128 certain railway lines and sidings, 130, 131 do not apply to domestic factories and workshops, 140 to quarries subject to Quarries Act, 31 Adapting for sale, meaning of, 180 Aerated waters, bottling of, certified dangerous, 100 overtime employment of women in making of, 63, 64, 197 in making boxes for, 66 special exception as to limewashing and washing ceilings in making of, 4, 5 Special Eules for bottling of, 246, 247 AfBzing of abstract, notices, &c., 160. And see Votices. in laundries, 122 tenement factories, 105, 106 not necessary in domestic factories or workshops, 140 men's workshops, 187 Age, proof of, in summary proceedings, 175 Agent, offences committed by, 171, 172 296 INDEX. Agricultural implement making, special exception as to limewashing, 4,5 Alkali, special exception as to limewashing and washing where, used, 5 Almanac making, overtime employment of women in, 63, 64, 197 prohibition as to meals where process of, carried on, 98 Annealing glass, female young person, or child, must not be employed in process of, 96 Anthrax, cases of, must be notified, 93 Special Bules for protection against, 248 — 250 Antimony, Special Bules as to use of, for enamelling, 219 Appeal, from notice of sanitary authority or inspector to provide sanitary conveniences, 18 court of summary jurisdiction in Ireland, 191 in Scotland, 190 to Quarter Sessions, 173 Application of Act, to cotmty boroughs, 185 Ireland, 190—192 London, 184 Scotland, 187—190 Application of fines and penalties, 167, 173, 190, 191, 263 Appointment, certificate of, must be produced if required, 156 of certifying surgeons, 156 inspectors, clerks, and servants, by Secretary of State, 152, 153 Apportionment of expenses of providing means of ventilation, 14, 15 structural alterations in bakehouses, 119 Apprentices are deemed to work for hire, 184 Aprons, particulars of work and wages to piece workers in making of, 146 Arbitrations, as to Special Bules for dangerous trades, 211, 212 representation of workmen on, 213 as to the provision of means of escape from fire, 25, 194 — 196 Arsenic, extraction of, certified dangerous, 99 lavatories and meals where used, 95 poisoning from, cases of, must be notified, 93 Special Rules for processes ip extraction of, 218, 919 use of, for enamelling. Special Bules as to, 219, 220, 240, 242, 243 Artificial flower making, meals must not be taken where process of, carried on, 98 overtime employment of women in, 63, 64, 197 INDEX. 297 Artificial mannre mannfacture, meals must not be taken where process of, carried on, 98 Attendance at school, certificate of, for employment of child of thirteen as young person, 88—91 must be obtained by occupier of factory or workshop, 86,87 meaning of attendance, 85, 86 of children employed in factories and workshops, 84 — 86 standard of, for employment of child of thirteen as young person, 89—91 Automatic indicators, regulations as to, 144, 145 Bakehouse, apportionment of expenses of structural alterations required in, 119 definition of, 206 employment for extra half hour on incomplete process in, 70 hours of employment of male young persons of sixteen in, 52 is a factory if mechanical power used, 206 is a workshop if mechanical power not used, 206 limewashing, painting and washing of, 117 prohibition of sleeping places near, 118 retail, definition of, 121 medical officer of health may enter and inspect, 121 power of factory inspector to enforce provisions in, in default of local authority, 12, 13 sanitary regulations in, are enforced by local authority, 120, 121 sanitary regulations for, 116 penalty for breach of, 116, 117 special exception as to meal times where travelling oven used, 56 underground, definition of, 118 penalty for using, 119, 166 prohibition of, 118—120 Bank holidays, 47, 48, 185 Baths, provisions as to, in certain dangerous and unhealthy trades. See Special Bules for dangerous trades. Bell metal, mixing and casting of, certified dangerous, 100 Special Eules as to, 244 Bichromate of potassium or sodium. Special Bules for manufacture of, 235—237 Birth, certificate of, 81, 82, 163—166. See Certificate of birth. Biscuit making, overtime employment of women in, 63, 64, 197 Bisulphide of carbon, Special Bules for use of, 247, 248 Blast furnace, definition of, 204 different meal times for different sets in, 54 is a non-textile factory, 204 night employment of male young persons in, 72, 73 provisions as to accidents in, 30, 31 special exception as to limewashing and washing, 4 298 INDEX. Bleaching works are non-textile factories, 176, 203 definition of, 203 five hours' spell permitted in, 42 hours of employment, 35—38, 41, 42 meals must not be taken where process of singeing carried on, 98 overtime employment of women in, 65 on incomplete process, 69 in open-air bleaching, 63, 64, 71, 72, 196 special exception as to limewashing, i, 5 meals and employment during meal times, 54,55 Blouses, particulars to be given to piece workers in making of, 146 Board of Education, duty of, to publish information as to recognised efficient schools, 86 in Ireland means Lord Lieutenant and Privy Council, 191 Scotland means Scotch Education Department, 188 regulations of, as to certificates of age, proficiency, and school attendance, 280, 283 et seq. Boilers. See Steam Boilers. Bon-bon making, overtime employment of women in, 63, 64, 197 separation of branches and departments in, 181, 182 Bone cutting, turning or polishing, restrictions as to meals where process of, carried on, 98 Bookbinding works are non-textile factories, 205 in metropolis, special exception as to hours of employment in, 50 overtime employment of women in, 63, 64, 197 separation of branches and departments in, 181 Bottle washing, for preserved fruits, overtime employment in, 66 works are factories if mechanical power used, 207 workshops if mechanical power not used, 207 Bottling of aerated water certified dangerous, 100 Special Bules as to, 246, 247 of beer, overtime employment of women in, 66 Brass cutting, restrictions as to meals where process of, carried on, 98 foundries are non-textile factories, 204 mixing and casting of, certified dangerous, 100 Special Bules for processes of, 244 Breweries, special exception as to limewashing and washing in, 4 Bricks, girl under sixteen must not be employed in making or finishing, 96 meaning of finishing, 96 overtime employment of women in making or finishing, 63, 64, 196 process of glazing, with use of lead certified dangerous, 100 INDEX 299 Buildings, application of certain provisions of Act to, 128. " being constructed or repaired by means of a scaffolding," 129, 130 " exceeding thirty feet in height," 128, 129 machinery used in construction of, 127 Burden, of proof in summary proceedings, 78, 161, 174, 175 Bye-laws, power of local authority to make, as to means of escape from fire, 27, 184 under Elementary Education Acts, 281, 282 Cabinet making, list of outworkers in, must be kept, 134 Camel hair combing, sorting, &c., certified dangerous, 100 Special Rules as to, 245, 246, 250—252 Cardboard making, overtime employment of women in, 65 Carpet beating works are factories if mechanical power used, 207 workshops if mechanical power not used, 207 Cartridge works are non-textUe factories, 204 definition of, 204 Special Rules where di-uitro-benzole used, 232, 233 Catgut, meals must not be taken where cleaning and repairing of, carried on, 98 Ceilings, provisions as to limewashing and washing of, 2 special exception as to limewashing and washing of, 4, 5 Cement works, special exception as to limewashing and washing in, 4 Certificate of appointment of inspector must be produced, if required, 156 of capacity for work of persons under sixteen, 84 of inspector as to separation of branches or departments, 67, 182, 183 of local authority as to means of escape from fire, 24, 25 under Elementary Education Acts, 82, 283 of medical officer of health or sanitary inspector as to condition of workshop, 7, 9 of suitability of underground bakehouse, 118, 119 of school attendance, duties of occupier as to, 86, 37 for purpose of employment of child of thirteen as yoimg person, 88 — 91, 285 Certificate of birth, 163, 164, 283 fee for, 164 for purpose of certificate of fitness, 81, 82 forms of requisition for, 164—166, 286 ought to be required for employment of young person in workshop, 83 Certificate of capacity, inspector may require, for persons under sixteen, 84 300 INDEX. Certificate of fitness, duty of occupier of factory to obtain, for persons under sixteen, 79 fees on examination for, 157, 158, 202 in dangerous trades. See Special Bules for dangerous trades, in tenement factories, 107, 108 may apply to all factories of same occupier in same district, 81 be obtained by occupier of workshop, 82, 83 be qualified by conditions, 81 not necessary for domestic factories, laundries, or workshops, 79, 124, 140 regulations as to grant of, 80 — 82 Secretary of State may require, for workshops, 83 Certificate of proficiency, for employment of child of thirteen as young person, 88 — 91, 284 provisions as to, do not apply to Scotland, 188, 282 Certified copy of conviction, 175 of Special Eules, 211 Certified day industrial school, attendance at, 88 Certified efficient school, certificate of proficiency or due attendance at, 88 — 91, 284, 285. definition of, 91, 92 meaning of, in Ireland, 190 in Scotland, 187 Certifying surgeon, appointment of, 156 duty of, to grant certificates of fitness, 79 — 84 certificates of capacity for work, 84 to give reasons for refusing to grant certificate, 82 to make annual report to Secretary of State, 157 fees of, 157, 158, 202 investigation of accidents by, 32 may inspect general register, 161 must not be interested in any factory or workshop, 156, 157 notice of accidents, when to be sent to, 30 certain diseases must be sent to, 93 name and address of , to be affixed in factory or workshop, 160 powers of, for purpose of investigating accident, 32 regulations as to grant of certificates of fitness by, 80—82 Secretary of State may make rules as to duties of, 157 when poor law medical officer to act as, 157 Charitable institution, exemption of laundries conducted by, 123 Chemical works, certified dangerous, 99 restrictions as to meals in, 98 special exception as to limewashing in, 4, 5 Special Bules for, 233—237 Chief Inspector, appointment of, 152 certain diseases to be notified to, 93 may authorise part of factory or workshop to be treated as separate factory or workshop, 178 notices and reports to, where humidity artificially produced, 110, 111, 113 periodical returns of persons employed to be sent to, 162 INDEX. 301 Child, Children, certificate of birth of, 81, 82, 163—166, 283 certificate of fitness for employment in factory, 79, 80 < in tenement factory, 107, 108 in workshop, 82, 83 regulations as to grant of, 80 — 82 definition of, 185 education of, 84—93, 276—283 employnient of, must be in morning or afternoon sets, or on alternate days, 37, 38, 40, 41 exemption of, from attendance at school, in Scotland, 88, 89, 282, 283 exercise by, in school of manual labour for instruction, 179 holidays, 47, 48, 122. See Holidays. hours of employment, in domestic factories and workshops, 189, 140 laundries, 121 non-textile factories and workshops, 40, 41 print works, and bleaching and dyeing works, 41, 42 textile factories, 37, 88 inspector may require certificate of capacity of, for work, 84 meal times for. See Meals. must not be allowed to take meals in certain parts of factories and workshops, 96 — 98 to clean machinery in motion, 22 to work between fixed and traversing part of self-acting machine, 22 be employed continuously, , for more than 4^ hours in textile factories, 38 5 hours in domestic factories, 140 in laundries, 121, 122 in non-textile factories and workshops, 41, 42 be employed inside and outside factory or workshop on same day, 43, 44 unless he has duly attended school, 86, 86 of thirteen who obtains certificate of proficiency may be employed as young person, 88 overtime employment of, on incomplete process, 69, 70 parent of, must cause to attend school, 84 — 86 payments for schooling may be deducted from wages of, 87 penalty for employing, contrary to Act, 169 Elementary Education Acts, 278 for ofienceiby parent, 170 prohibition of employment of, in certain factories and workshops, 95, 96, 226, 230, 247 provisions.of Elementary Education Acts as to, enforced in factories and workshops by inspector, 156, 279, 282 special provisions as to employment of, in wet-spinning, 95 under twelve must not be employed in factory, workshop or laundry, 79, 122 Childbirth, woman must not be employed within four weeks after, 79 China, manufacture and decoration of, certified dangerous, 100 or finishing of, constitutes non-textile factory, 203 Special Eules for manufacture of, 225 — 230 making of transfers for, 280 — 232 302 INDEX, China clay pits in Cornwall, overtime employment in, 65, 70 special exceptions as to meals in, 56 substitution of another day for Saturday, 60 China clay works, night employment of male young persons in, 74 Christmas present making, overtime employment of women in, 63, 64, 197 separation of branches and departments in, 181, 182 Ghromate of potassium or sodium, Special Bules for manufacture of, 235 — 237 Cleaning machinery in motion, restrictions on, 22, 23 Cleanliness, provisions as to, in bakehouses, 116, 117 domestic factories, workshops and workplaces, 6 — 10 factories, 1 — 6 tenement factories, owner responsible for observance of, 105 special requirements as to, may be imposed as a condition of special exception, 76 Cloak rooms in cotton cloth factories, 112, 113 in dangerous trades. See Special Bules for dangerous trades. Coachmaking, special exception as to limewashing where, carried on, 4,5 Coal Mines Begulation Act, 1887. ..207 Colour works, prohibition as to meals in, 98 special exception as to limewashing in, 4, 5 Colours, manufacture of, certified dangerous, 99 Special Bules for processes in manufacture of, 218, 219 Condensed milk, overtime employment of women in making of, 68 Confectionery trade, separation of branches and departments in, 181, 182 Construction or repair of building, meaning of, 129, 130 Continuing offence, limit to cumulative fines for, 172 Continnous employment, definition of, 186 restrictions on, in textile factories, 36, 88 in non-textile factories and workshops, 89, 41, 42 in laundries, 121, 122 in domestic factories and workshops, 140 special exceptions as to, in certain textile factories, 53, 54 Contractor, duty of, to keep lists of outworkers in certain trades, 132 — 184 form of such lists, 135, 186 liability of, for giving out work to be done in unwholesome premises, or where infectious disease, 186 — 138 INDEX. 303 Contributory negligence, no defence to proceedings for penal compensa- tion, 168 Conviction, appeal against, 173 not to be quashed for want of form, 174 proof of, 175 Cooking utensils, tinning and enamelling of, certified dangerous, 99 Special Eules for, 242, 243 Copper foundries are non-textUe factories, 204 Copper mills, are non-textile factories, 204 night employment of male young persons in, 74 special exception as to limewashing and washing in, 4 Corn flour mills, special exception as to limewashing ceilings in, 4, 5 Cornwall, dressing floors, tin streams, china clay pits and quarries in, overtime employment of women in, 65 on incomplete process, 70 special exceptions as to meal times, 56 substitution of another day for Saturday, 60 night employment of male young persons in mineral dressing floors in, 74 Coroner, duty of, in case of inquest on death by accident, 32, 33 Cotton cloth factory, definition of, 108 employment of thermometers in, 109, 110 expenses of providing means of ventilation in, 14, 15 form of record of readings of thermometers, 201 humidity and temperature in, 108 notices and inspections where humidity artificially produced, 110, 111 owner of tenement factory may be substituted for occupier, 106 penalties for non-compliance with regulations, 113 regulations for protection of health in, 112 report of inspector as to readings of thermometers, 110, 111 table of humidity for, 199, 200 may be altered by Secretary of State, 108, 109 Cotton factories, particulars of work and wages to be given to weavers in, 143 Cotton spinning mills, employment of thermometers in, 114 County boroughs, application of Act to, 185 Court of summary jurisdiction, all ofiences to be prosecuted before a, 173 appeal from, to Quarter Sessions, 173 in Ireland, 191 in Scotland, 190 disqualification of certain persons to act as member of, 173, 264 how constituted in Ireland, 191 in Scotland, means sheriff of the county, 188 inspector may conduct proceedings before a, 156 304 INDEX. Court of summary jurisdiction — continued. power of, to apportion expenses between owner and occupier in certain cases, 14, 15, 119 to order adoption of means for bringing factory or work- shop into conformity with Act, 166, 167 to prohibit use of dangerous machinery, &c., 28, 29 extends to docks, wharves, quays and warehouses, 124 machinery and plant used for loading or unloading ships, 124 machinery used for construction of build- ing, 127 certain railway lines and sidings, 130, 131 to prohibit use of dangerous or unhealthy premises, 29 Creameries, overtime employment of women in, 69 power of Secretary of State to grant special exception as to employ- ment in, 59 Crown, application of Act to factories and workshops belonging to the, 181 ComnlatiTe fines, limit to, 172 Curing fish, special exceptions as to employment in, 50, 58, 68 Curriers, special exception as to limewashing and washing ceilings, 4, 5 Cutlery, regulations as to grinding, in tenement factory, 107, 198 Dangerous and unhealthy industries, 93 et sec[. efiect of carrying on, in domestic factory or workshop, 141 employment in wet-spinning, 95 lavatories and meals where poisonous substance used, 95 list of processes certified dangerous, 99, 100 notification of certain diseases, 93 power of Secretary of State to make regulations for, 98 — 105 prohibition of employment of young persons and children in certain oases, 95, 96 taking meals in certain parts of factories and work- shops, 96—98. Special Bules for, 209 et seq. See Special Bules for dangerous trades. ventUation by fan in certain cases, 94 Dangerous machinery, meaning of dangerous, 19, 20 must be fenced, 18 power of court of summary jurisdiction to prohibit use of, 28 applies to docks, wharves, quays, and warehouses, 124 laundries, 122 machinery used for loading or unloading ships, 124 construction of buildings, 127 railway lines and sidings in certain cases, 130, 131 young person mugt not clean, while in motion, 23 Dangerous and unhealthy premises, court of summary jurisdiction may prohibit use of, 28, 29 employment of outworkers in, 136 — 138 Death caused by neglect to observe provisions of Act, penal compensation for. See Fenal Compensation, right of action for, 168 INDEX. 305 Sednotions from wages, provisions of Track Acts as to, 258, 260, 261, 266, 267, 268 Default of local authority, powei of Secretary of State or factory inspector to act in case of, 11 — 18. Seflnitiona, attendance at school, 86 certified ef&cient school, 91, 92 child, 185 continuous employment, 186 domestic factory and domestic workshop, 142, 143 employment and working for hire, 183, 184 factory, 177 harbour, 126 mill-gearing, 185 night, 185 non-textile factory, 176, 177, 203—207 owner, 185 parent, 186 recognised efficient school, 92 shop, 274 tenement factory, 177 workshop, 178 textile factory, 176 underground bakehouse, 118 workshop, 177, 178, 205—207 young person, 186, 274 Delta metal, mixing and casting of, certified dangerous, 100 Special Bules for, 244 Die-sinking, overtime employment of women in, 65 DifEereut branches or departments may be treated in certain cases as different factories or workshops, 66, 67, 181 — 183. Di-nitro-beniole, Special Bules for use of, 232, 233 Dipping of lucif er matches, child must not be employed in, 96 of metals in acid, meals must not be taken where process of, carried on, 98 Disease, employment of outworkers where there is, 187, 138 notification of, 93 Disqualification of certain persons from acting as members of court of summary jurisdiction, 173, 264 Distilleries, special exception as to limewashing in, 4 District Council, annual report of medical officer of health to, 163 copies of lists of outworkers to be sent to, 133 duty of, to enforce sanitary provisions in domestic factories, work- shops, and workplaces, 6—10 in retail bakehouses, 120, 121 to keep a register of workshops in district, 163 with respect to lists of outworkers, 133 r.A. 20 306 INDEX. Siitriet ConnoU — eontimied. expenses incuired by, as to means of escape from fire, how defrayed, 26 may require workshops to be limewashed, 7, 10 meaning of, in application of Act to county boroughs, 185 London, 184 Scotland, 187 notice of occupation of workshop to be given to, 160 power of Secretary of State and factory inspector to act in default of, 11—13 powers of entry, inspection, &c., 158 as to means of escape in case of fire, 24 — 27 to grant certificate of suitability of underground bake- houses, 118 as to overcrowding in workshops, &c., and laundries, 11 with respect to employment of outworkers inimwholesome premises, 136 employment of outworkers where infectious disease, 137, 138 provisions as to arbitrations between owner and, as to means of escape from fire, 194 — 196 saving for existing powers of, 185 Divulging trade secrets, penalty for, 145 Seeks, application of Act to, 124 do not become shipbuilding yards merely because ships repaired therein, 206 occupiers of, 125, 127 Domestic factory and domestio workshop, abstracts for, 141 application of Act to, 139 — 141 dangerous processes in, 141 definition of, 142, 143 hours of employment for children and young persons in, 139, 140 non-application of Act to certain domestic workshops, 142 overcrowding in, 10, 11 penalty for employing persons in, contrary to Act, 169 sanitary provisions enforced by district council in, 3, 6 — 10 Domestio laundries, exemption of, from provisions of Act, 123 Doors of factories and workshops, regulations as to, 27, 28 regulations as to, do not apply to men's workshops, 187 Drainage of floors, in factories and workshops, 15, 16 laundries, 123 provisions as to, do not apply to men's workshops or domestic factories or workshops, 140, 187 Dressing floors in Cornwall, special exceptions, 56, 60, 65, 70, 74 Dronght, overtime employment to recover time lost by, 71 Dry cleaning works, are factories if mechanical power used, 207 workshops if mechanical power not used, 207 INDEX. 307 Dry grinding in metal trade, child must not be employed in, 96 Bust, provisions as to inhalation of, 94, 95, 105, 209. See Special BnleB for dangerous trades. Dyeing works, are non-teztile factories, 176, 203 definition of, 203 hours of employment in, 41, 42 overtime employment of women in, 65 of women in Turkey red dyeing, 63, 64, 196, 197 on incomplete process, 69 on Saturday in Turkey red dyeing, 60 to prevent spontaneous combustion, 71, 72 special exception as to limewashing and washing in, 4, 5 meals and employment during meal times, 64,55 Earthenware, manufacture and decoration of, certified dangerous, 99, 100 ■ Special Bules as to, 225—232 Earthenware works, are non-textUe factories, 203 definition of, 208 special provisions as to meals in, 96 — 98 Education of children, 84 — 93 certificate of birth for purpose of provisions as to, 163 — 166, 283 duty of parent to cause child to attend school, 84 — 86 occupier to obtain certificate of due attendance, 86, 87 employment of child of thirteen as young person on obtaining educa- tional certificate, 88 in Scotland, exemption from obligation to attend school, 88, 89, 188, 282, 283 payment by occupier of sum for schooling, 87 provisions of Elementary Education Acts as to, 276 — 283 enforced in factories and workshops by factory inspectors, 156, 279, 282 standards of proficiency and due attendance, 89 — 91, 280 Education (Scotland) Act, 1872.. .89 Education (Scotland) Act, 1901. ..88, 89, 188, 282, 283 Educational certificate for employment of child of thirteen as young person, 88—91, 284, 285 Elastic web, five hours' spell in factories solely used for making, 53 Electric accumulator works, certified dangerous, 99 Special Bules for, 240 Electrical stations are non-textile factories, 205 definition of, 205 Electro-plate, list of outworkers in manufacture of, must be kept, 133 20—2 308 INDEX. Blementary Ednoation Acts, 276—283 certificates of birth under, 81, 82, 163—166, 288 penalty for employing child contrary to provisions of, 278 provisions of, enforced in factories and workshops by factory inspectors, 356, 279, 282 Elementary sehool, definition of, 276 Employer liable in certain cases instead of occupier, 172 of person killed or injured by accident in iron mill or blast furnace must report to occupier, 30, 31 Employers' Liability Act, 1880.. .168 Employment, continuous. See Continnons employment. definition of, 183, 184 during meal times forbidden, 46 special exceptions as to, S4 — 58 fitness for, 79 — 84. See Certificate of fitness, hours of. See Hours of employment. in dangerous trades. See Special Bale* for dangerous trades, factory or workshop, meaning of, 46, 47, 183, 184 shop on same day as in factory or workshop, 44, 45, 273 unwholesome premises, 136, 137 wet-spinning, special provisions as to, 95 inside and outside factory or workshop on same day, 43, 44, 61 of children, certificate of birth for purpose of, 163 — 166 forbidden unless they attend school, 85, 86 must be in morning and afternoon sets, or on alternate days, 37, 38, 40, 41 in domestic factories and workshops, 139, 140 notice of system of, must be affixed, 45 prohibited in certain factories and workshops, 95 under twelve prohibited, 79 of Jews on Sunday, 62 of male young persons during the night, 72 — 75 of persons contrary to Act, penalty for, 169, 170 of women within four weeks of childbirth forbidden, 79 of young persons in repairs, saving for, 187 outside factory or workshop, lists to be kept, 132 — 134 overtime, 63 — 72. See Overtime employment, restrictions as to period of, 85 et seq. Special Bules for dangerous and unhealthy incidents of, 213 et seq. See Special Bules for dangerous trades. Enamelling of iron plates certified dangerous, 99 Special Eules for, 219, 220 of iron and metal hollow ware and cooking utensils certified dangerous, 99 Special Bules for, 240, 242, 243 Engineering shops, special exceptions as to limewashingin, 4, 5, 6 Entries to be made in general register. See General Begister. Entry, powers of, of inspectors, 153, 154 of officers of local authority, 158 INDEX. 309 Envelope makinEp, overtime employment of women in, 63, 64, 197 Xsoape from fiie. See Fire. Evidence in summary proceedings, 78, 161, 174, 175, 211 Examination, of children and yomig persons by certifying surgeons. See Certi- fying surgeon, of steam boilers, 20, 21 Expenses, incurred by factory inspectors in enforcing law as to public Iiealth, 12, 13 local authority as to means of escape from fire, 26 of formal investigation of accidents, 34 of providing means of escape from fire, 25 ventilation, 14, IS of structural alteration in bakehouses, 119 Explosion, notice of accident caused by, 30 Explosives, manufacture of, certified dangerous, 99 Special Bules as to, 232, 233 Explosives Act, 1875. ..30, 31 Factory. See also Domestic factory ; Textile factory ; Non-textile factory ; Tenement factory, accidents in, 30—35. See Accidents. affixing of notices in. See Notices, belonging to the Crown, 181 certificate of fitness must be obtained for persons under sixteen, 79, 80 child under twelve must not be employed in, 79 cleaning machinery in motion, 22, 23 cleanliness, provisions as to, 1, 2 cotton cloth. See Cotton cloth factory. dangerous machinery or premises, power of court of summary jurisdiction as to, 28, 29 trades and processes in. See Dangerous and unhealthy industries ; Special Bules for dangerous trades, definition of, 177, 178 doors to open from inside and outwards, 27, 28 drainage of floors, 15, 16 education of children employed in, 84 — 93 employment in, definition of, 183, 184 fencing of machinery, 18 — 20 holidays. See Holidays. hours of employment. See Hours of employment, humid. See Humidity, inspection of, 153, 154 of steam boilers in, 20, 21 of weights and measures in, 152 lists of outworkers to be kept in certain trades, 132—134 machinery, fencing of, 18—20 regulations as to self-acting, 21, 22 meals. See Seals. means of escape from fire, 24 — 27, 184, 194 — 196 night employment in, 72 — 76 notice of occupation of, 159, 160 310 INDEX. factory — eontmued. notices. See Notices. notification of diseases contracted in, 93 overcrowding in, 1, 10 overtime employment, 63 — 72, 196, 197. See Overtime employment. owner of. See Owner. part of, may with approval of chief inspector be treated as separate, 178 particulars of work and wages to pieceworkers, 143 — 151 penalties. See Penalty, place in open air may be a, 178 used for other than manufacturing purpose, not part of, 178 power of Secretary of State to make regulations for dangerous processes in, 98—105 powers of inspector with respect to, 163, 154 raUway lines and sidings connected with, 180, 131 regulations as to limewashing and washing, 2 — 6 for protection of health in, 1, 3 for safety, 18—29 restrictions as to cleaning machinery in motion, 22, 23 on employment inside and outside on same day, 43, 44, 61 returns of persons employed in, 162 room used solely for sleeping not part of, 178 sanitary accommodation in, 16 — ^18 provisions, 1 — 6 self-acting machines, regulations as to, 21, 22 separation of branches and departments, 66, 67, 181 — 183 special exceptions. See Special EzceptionB. Special Eules for dangerous and unhealthy processes in, 213 et seg^. See Special Soles for dangerous trades, steam boilers in, regulations as to, 20, 21 temperature in, 13, 14 thermometers in, 13, 14 unhealthy, power of court of summary jurisdiction as to, 29 ventilation, 1, 14, 15, 94 wet-spinning in, special provisions as to, 95 Factory and Workshop Acts, 1891 and 1895, provisions of, with respect to Special Bules for dangerous trades, 209 — 213 False entries, certificates, declarations, &o., 170, 171 Fan, in tenement factory, owner must provide pipes, &0., for working, 105 ventilation by, required in certain cases, 94. See Special Sules for dangerons trades, in laundries, 123 Fancy box making, overtime employment of women in, 63, 64, 197 prohibition as to meals in, 98 Fees of certifying surgeons, 157, 158, 202 of medical practitioner for notification of diseases, 93 Fellmongers, special exception as to limewashing, 4, 5 Fencing of machinery, 18—20. See machinery. INDEX. 311 riles, lists of outworkers in manufacture of, must be kept, 184 Fines. See Penalty ; Penal compensation, deduction from wages in respect of, 266 Pinishing of bricks, meaning of, 96 Pile, means of escape fi:om, arbitrations as to, 194 — 196 bye-laws may be made as to, 27, 184 difference between owner and local authority as to, 25 expenses of providing, 25 incurred by local authority, how defrayed and charged, 26, 184 in case of separate factories in same building, 26 in London, London County Council takes the places of district council, 26, 184 power of inspector to act in default of local authority, 25 Firewood cutting, overtime employment of women in, 63, 64, 197 Fireworks, overtime employment of women in manufacture of, 65, 66 Pish caring, special exceptions as to employment in, 50, 58, 68 Fitness for employment, 79—84. See Certificate of fitness, provisions as to, how far applicable to laundries, 122, 124 Five hours' spell, in what cases permitted, 39, 41, 42, 53, 54, 75, 121, 140 Flax, Special Bules for spinning and weaving of, 241, 242 FIaz scutch mills, are non-textile factories, 176, 205 intermittent employment of women in, 75 notice of intention to employ adults only must be given, 75 overtime employment of women in, 63, 64, 196 special exception as to limewashing, 4, 5 Flood, overtime employment in water factories to recover time lost by, 71 Floors, drainage of, in factories and workshops, 15, 16 in laundries, 123 provisions as to, do not apply to domestic factories or workshops, or men's workshops, 187 Fly-wheel, fencing of, 18 " For purposes of gain," meaning of, 179, 180 Foreign hides and skins, process of sorting, certified dangerous, 100 Special Bules for, 248—250 Forgery of certificates, &o., penalty for, 170, 171 Forms, lists of outworkers, 134 — 136 record of readings of thermometers, 201 report by inspector with respect to humid factories. 111 requisition for certificate of birth, 164 — 166, 286 312 INDEX. Fonndries, are non-textile factories, 204 definition of, 204 extra half-hour for incomplete process in, 69 special exception as to limewashing in, 4, 5 Truit preserving, special exceptions as to employment in, 58, 68 Farnaces are non-textile factories, 204 Parniture hangings, overtime employment of women in making of, 63, 64, 197 Tnmitnre making, lists of outworkers in, must be kept, 134 Fnr-puUing, lists of outworkers in, must be kept, 134 meals must not be taken when process of, carried on, 98 Fustian-cutting works are non-textile factories, 204 Gain, " for purposes of," 179, 180 fialvanizing metal, night employment in process of, 74 Gangway used by persons loading or unloading ship, 125 Gas, inhalation of, 94, 105 Gassing, meals must not be taken where process of, carried on, 98 General register, certifying surgeon may inspect, 161 entries to be made in, 44, 161 entry in, primd facie evidence of facts stated, 161 extracts from, to be sent to inspector, 162 failure to make entry, primd facie evidence against occupier, 161 must be kept in factories and workshops, 161 not necessary in domestic factory or workshop, or men's workshops, 141, 187 penalty for not keeping, 162 report as to examination of steam boilers to be entered in, 20, 21 Glass works, are non-textile factories, 205 difierent holidays for different sets in, 61 night employment in, 74 restrictions on employment of children and female young persons in, 96 special exception as to meal times in, 54 limewashing, 4, 5 special provisions as to meals in, 96, 97 Glazing bricks with use of lead certified dangerous, 100 in earthenware works. Special Bules as to, 225 — 230 restrictions as to meals where process of, carried on, 98 ventilation by fan required in process of, 94 Glove making, in private house, exempted from provisions of Act, 142 Glue making, overtime employment of women in, 63, 64, 196 INDEX. 313 Goat-hair, sorting, combing, &o., of, certified dangerous, 100 Special Bules as to, 245, 246, 250—252 Good Friday, regulations as to holidays on, 47, 48 Qovemment, application of Act to factories and workshops belonging to, 181 Grinding, in tenement factories, regulations as to, 107, 198 restrictions on employment in, 96, 97 as to meals where process of, carried on, 98 ventilation by fan required in case of, 94 Gna factories, special exception as to limewashing in, 6 Gnn metal, mixing and casting of, certified dangerous, 100 Special Bules for, 244 Gutta-percha, works in which mechanical power used for manufacture of, are non-textile factories, 304 Hair, meals must not be taken where sorting or dusting of, carried on, 98 Special Bules as to sorting, &o., 2i5, 246, 250 — 252 Handkerchiefs, particulars to be given to piece-workers in making of, 146 Harbour, definition of, 126 loading or uidoading ship in, 124 Hat works, are non-textile factories if mechanical power used, 176, 205 workshops if mechanical power not used, 176, 205 definition of, 205 particulars of work and wages to be given to piece-workers in, 148, 149 separation of branches and departments in, 181 Health, employment of outworkers in places injurious to, 136^138 Injury to, by inhalation of dust, gas, &c., 94 processes certified to be dangerous to, 99, 100 power of Secretary of State to make regulations for, 98 — 105 Special Bules for, 209 et seg^. See Special Sules for dangerous trades, provisions for protection of, 1 — 18 enforced in factories by factory inspector, 3 in retail bakehouses by local authority, 120, 121 in workshops, domestic factories, &c., by local autho- rity, 3, 8 special requirements for protection of, may be made a condition of special exceptions, 76 regulations for protection of, in cotton cloth factories, 112 Health register, to be kept in certain cases. See Special Bules for dangerous trades. 314 INDEX. Height of building, how measured, 128, 123 Hides, piocBBs of sorting foreign and Sast Indian, certified dangerous, 100 Special Bules for, 248 —250 Hirer of machine liable in certain cases instead of occupier, 172 Holidays, allowance of annual, 47, 48 child need not attend school on, 85 notice of, to be affixed, and served on inspector, 48 on difierent days for different sets, 60, 61 penalty for not allowing, 49, 169 provisions as to, apply to laundries, 122 do not apply to domestic factories and workshops, 140 do not apply to male young persons employed in day and night turns, 73 Secretary of State may allow employment on, in creameries, 59 special exception as to, in fish curing and fruit preserving, 58 Home work, domestic factories and workshops, abstracts for, 141 application of Act to, 139—141 dangerous processes in, 141 definitions of, 142, 143 employment in unwholesome premises, 136, 137 where infectious disease, 137, 138 exemption of certain domestic workshops, 142 lists of outworkers to be kept, in certain trades, 132 — 134 forms of such lists, 134 — 136 payment for, must be in cash, 261, 262 Hosiery factories, five hours' spell in, 53 Hours of employment, for children in bleaching and dyeing works, and print works, 41, 42 domestic factories and domestic workshops, 139, 140 laundries, 121 non-textile factories and workshops, 40, 41 textUe factories, 37, 38 for women and young persons in bleaching and dyeing works and print works, 41, 42 domestic factories and domestic workshops, 139, 140 laundries, 121, 122 non-textile factories and work- shops, 38, 39 textile factories, 35, 36 in latmdries may be varied daily, 122 inspector may appoint clock for regulating, 45, 46 notice specifying, must be affixed in factory or workshop, 45, 46 laundries, 122 tenement factories by owner, 105 separation of branches and departments for purpose of, 181 — 183 special exceptions as to, five hours' spell in certain textile factories, S3, 64 in case of Jews, 62, 63 INDEX. 315 Honn of employment — contmued. special exceptions as to — contimued. in creameries, 59 in fish-curing and fruit-preserving, 58 in Turkey red dyeing, 60 intermittent employment of women in flax scutch mills, 75 male young persons of sixteen in bakehouses, 52 lace factories, 51 night employment of male young persons, 72 — 75 9 a.m. to 9 p.m. in certain cases, 49, 50 overtime. See Overtime employment, special provisions as to, in women's workshops, 42, 43 may be made a condition of night employ- ment, 76 eight hours on Saturdays, 43 Humidity. See also Cotton cloth factory. artificial production of, in factory, 113 — 115 copy of table of, must be kept hanging up, 110 expenses of means of ventilation where artificially produced, 14, 15 in flax weaving sheds, 241 notice of artificial production of, must be given to inspector, 110, 111, 113 table of, 199, 200 for factories in which the spinning of merino, &o., by the " French " process is carried on, 114, 115 thermometers for recording, in cotton cloth factories, 109, 110 Incomplete process, employment for extra half-hour on, 69, 70 India-rubber, process of vulcanising, certified dangerous, 100 Special Rules for, 247, 248 India-rubber works are non-textile factories, 204 definition of, 204 Indicator for ascertaining amount of work, penalty for altering or using false, 144, 145 regulations as to, 144 Industrial school, exemption of laimdrles worked by inmates of, 123 Infectious disease, making, &o., of wearing apparel where there Is, 137, 138 Inhalation of dust, &c., in tenement factories, 105 Special Bules may be made in case of, 209 ventilation by fan to prevent, 94 Injury, caused by neglect to observe provisions of Act, penal compensation for. See Fenal Compensation, right of action for, 168 Inquest, provisions as to, in case of death by accident, 32, 33 do not apply to men's workshops, 187 316 INDEX. Inspeotion of faotories and workshops, 1S3, 154 in which humidity artificially produced, 110, 113 of steam boilers, 20, 21 of weights and measures used to ascertain wages, 152 of workshops and workplaces by local authority, 158 Inspector, appointment and duties of, 152, 153 copies of lists of outworkers to be sent to, 133, 134 duty of, to enforce proTisions of Elementary Education Acts, 156, 279, 282 Truck Acts, 155, 263 . to give notice of occupation of workshops to district council, 160 to proceed against actual offender, 172, 262 to report to Board of Education as to schools recognised as ef&cient, 92 is not liable to serve in any parochial or municipal of&ce, 153 may require extracts from general register to be sent, 162 must, if required, produce certificate of appointment, 156 notice and report of accidents to be sent to, 30, 32 notice of appointment of, to be published, 153 notices required to be sent to. See Notices, obstruction of, in execution of duties, 154, 155 occupier of, or person interested in, factory or workshop must not act as, 153 powers of, extend to laundries, docks, &c., buildings, and lines p.iid sidings, 122, 124, 127, 128, 130, 131 generally, 153, 164 to annul certificates of fitness in certain cases, 62 to appoint certifying surgeons, and revoke such appoint- ments, 156 to attend inquest and examine witnesses in case of death by accident, 33 to enforce law relating to public" health in default of local authority, 11 — ^13, 18 to enter and inspect any factory or workshop, &c., 153 to enter schools, 154 to examine persons in factories or workshops, &e., 154 to inspect lists of outworkers, 133 to require certificate of capacity for work of persons under sixteen, 84 means of escape from fire, 25 production of registers, certificates, iSco., 154 sanitary conveniences to be provided, 13, 18 ventilation by fan in certain cases, 94 under Truck Acts, 263, 268, 269 with respect to Crown factories and workshops, 181 quarries transferred to inspectors of mines, 156 removal of, 152 report of proceedings by, to be laid before Parliament, 158 right of, to conduct summary proceedings, 156 Inspectors of weights and measures, powers of, extend to weights and measures used for ascertaining wages, 152 Intermittent employment of women in flax scutch mills, 75 InveBtigation of accidents. See Accidents. INDEX. 317 Ireland, application of Act to, 19(V-192 oJ Truck Acts to, 264 foim of requisition for certificate of birth in, 165, 166. Iron and metal tube works, night employment in, 74 Iron and steel cables and chains, anchors and grapnels, particulars of work and wages to piece-workers, 146, 147 Iron foundries are non-textile factories, 204 Iron mills are non-textile factories, 204 definition of, 204 difEerent meal times for diSerent sets, and employment during meal times in, 54 extra half-hour on incomplete process in, 69 night employment of male young persona in, 72, 73 provisions as to accidents in, 30 special exception as to limewashing and washing, 4 Iron-ore washing, night employment of male young persona in process of, 74 Ivory cutting, tnming, tee., restrictions as to meals where process of, carried on, 98 Jews, employment by, for extra hour dally instead of on Saturday, 62 of, on Sunday, 62, 63 Job dyeing, overtime employment of women in, 63, 64, 197 Keys, particulars of work and wages to he given to piece-workers in making of, 148 Lace factories, special exception as to employment of msJe young persons in, 51 lace warehouses are non-textile factories if mechanical power used, 176, 206 workshops if mechanical power not used, 176, 206 definition of, 206 Latches, particulars of work and wages to be given to piece-workers in making of, 148 Laundries, application of Act to, 121 — 123 drainage of floors in, 15, 16 duty of factory inspectors to enforce Truck Acts in, 269 exempt from provisions of Act in certain cases, 123 fencing of machinery in, 18 — 20 holidays in, 47—49, 122 hours of employment in, 121 notices to be affixed in, 122 overtime employment of women in, 122, 123 318 INDEX. LanndrieB — continued. overcrowding in, 10, 11 provisions of Act generally apply to, 122 sanitary accommodation in, 16—18 regulations apply to, 2, 8 temperature in, 18, 14 worked by mechanical power, special provisions as to, 123 Lavatories must be provided in certain dangerous trades, 96, 213, et seq. Lead, lavatories and meals in factories and workshops where, used, 95 manufacture of white, red, orange or yellow, certified dangerous, 99 Special Bules as to, 214—218, 237—239 smelting, certified dangerous, 99 Special Bules for, 239 use of, in tinning and enamelling, Special Bules for, 219, 220, 240, 242, 243 Legal proceedings, 166 — 176 in Ireland, 191 Scotland, 189, 190 Letter-press printing works, are non-textile factories, 205 different meal times for different sets, and employment duringmeals, 64 night employment of male young persons in, 72, 73 overtime employment of women in, 63, 64, 197 Light handicrafts, exemption of, from operation of Act, 142 Limewashing and washing, of bakehouses, 117 factories, 1, 2 tenement factories, 105 workshops may be required by district council, 7 particulars of, must be entered in general register, 161 special exceptions as to, 4 — 6 Limit to cumulative fines, 172 Limitation of time for summary proceedings, 178, 174 Linen factories certified dangerous, 99 Lists of outworkers, forms of, 184—186 provisions with respect to, 132 — 184 apply to men's workshops, 133 Lithographic printing, overtime employment of women in, 68, 64, 197 prohibition as to meals in, 98 Local authority. See District Council. Looks, particulars of work and wages to be given to piece-workers in making of, 148 INDEX. 319 London, application of Act to, 184 sanitary provisions as to bakehouses in, enforced by sanitary authority except where factories, 119, 120 london Building Act, 1894... 27, 184 London County Council, powers and duties of, as to means of escape from fire, 24—27, 184 Lnoifer match works are non-textile factories, 203 certified dangerous, 99 child must not be employed in dipping of lucifer matches, 96 definition of, 203 special provisions as to meals in, 96, 97 Special Bules for, where white or yellow phosphorus used, 220 — 225 Uachine ruling, overtime employment of women in, 63, 64, 197 UaoMne shopg, special exception as to limewashing and washing, 4, 5, 6 Kacliinery, dangerous, meaning of, 19, 20 power of court of summary jurisdiction to prohibit use of, 28 extends to laundries, docks, warehouses, &c., machinery used for constructing buildings and certain railway lines and sidings, 122, 124, 127, 130, 131 fencing of, 18—20 in tenement factory, 105 in motion, meaning of, 23 restrictions as to cleaning, 22 working near, 22 includes any driving strap or band, 185 liability where person injured through neglect to fence, 105, 167, 168 meaning of occupier of, 124, 126, 127 moved by mechanical power, meaning of, 19 notice of accident caused by, to be sent to certifying surgeon, 30 owner or hirer of, liable in certain oases instead of occupier, 172 provisions as to fencing, apply to laundries, 122 self-acting, regulations as to, 21, 22 used in process of loading or unloading ship, 124, 125, 126 for purpose of construction of buUding, 127 Hale young persons, hours of employment of, in bakehouses, 52 lace factories, 51 meal times and employment during meal times in dyeing and open- air bleaching, 54, 55 night employment of, in certain factories and workshops, 72 — 74 glass works, 74, 75 printing newspapers, 75 Manilla mixture, mixing and casting of, certified dangerous, 100 Special Bules for, 244 Uannfacturing proceises, list of, certified dangerous, 99, 100 power of Secretary of State to make regulations for dangerous, 98—106 320 INDEX, Hanare works, special exception as to limewashing, i Marble works, special ezoeption as to limewashing, 4 Uazimum limits of hnmidity in cotton cloth factories, 199, 200 Heals, allowance of time for. See Hours of employment. employment during times for, forbidden, 46 must not be taken in certain parts of factories and workshops, 96—98 notice of times for, must be afSxed, 45, 122 penalty for not allowing time for, 169 prohibition of employment during times for, does not apply to domestic factories or workshops, 139, 140 special exceptions as to diSerent times for different sets and employ- ment during times for, 54 — 58 in creameries, 59 in fish curing and fruit preserving, 58 special provisions as to, in certain dangerous trades, 95, 97, 98. See also Special Bnles for dangerous trades. means of escape from fire. See Fire. Uechanical power, meaning of, 19 Iledical examination in certain dangerous trades, 213 et seq. See Special Bules for dangerous trades. Uedical officer of health, duty of, to give notice to inspector of employment in workshops, 163 to report to district council and Secretary of State on administration of the Act in workshops and workplaces, 163 inspector may take, into factory or workshop, 12 meaning of, in Ireland, 191 in Scotland, 187 powers of, with respect to retail bakehouses, 121 sanitary condition of workshops, &c., 7, 9, 10 Iledical practitioner, duty of, to notify certain diseases, 93 fees for such notifications, and penalty for failure to notify, 93 Melting glass, child or female young person must not be employed in process of, 96 Men's workshops, definition of, 186, 187 exemption of, from certain provisions of Act, 186, 187 provisions as to lists of outworkers apply to, 133 Special Bules for dangerous trades extend to, 213 Mercnrial poisoning, cases of, to be notified, 93 Metal>bronzing, meals must not be taken where process of, carried on, 98 Metal tube worki, night employment of male young persons in, 74 INDEX. 321 Metal works are non-textile factories, 204 child must not be employed in dry grinding in, 96 definition of, 204 separation of branches and departments in, 182, 183 special rules for, where lead or arsenic used ton tinning or enamel- ling, 240, 242, 243 UetalUferouB Mines Begulation Acts, 156, 207 Mill-gearing, definition of, 185 fencing of, 18, 19 restrictions as to cleaning, 23 Mineral dressing floors in Cornwall, night employment of male young persons in, 74 Mines, pit-banks of, when factories, 207 Koisture, See Humidity ; Cotton cloth factory. Newspaper printing, diflerent holidays for difierent sets, 61 night employment of male young persons, 75 substitution of another day for Saturday, 59, 60 Night, definition of, 185 power of inspector to enter factory or workshop by, 153 Night work, male young persons of fourteen in certain factories and workshops, 72—74 glass works, 74, 75 of sixteen in newspaper printing, 75 special provisions may be made by Secretary of State as a condition of, 76 Non-teztile factory. See also Factory. definition of, 176, 177, 203—207 hours of employment and meals in, 38—42. See Hours of employ- ment. night employment of male young persons in, 72 — 7S overtime employment in, 63 — 72, 196, 197. See Overtime employ- ment. particulars of work and wages in certain cases, 146 — 151. See Piece-workers. special exceptions as to limewashing in, 4 — 6 meals. See Meals. special provisions as to eight hours' employment on Saturday, 43 Notice of accidents, provisions as to, 30, 31 apply to docks, wharves, quays and warehouses, 124 certain machinery, plant and buildings, 124, 127, 128 railway lines and sidings, 130 — 132 do not apply to domestic factories or domestic workshops, 140 F.A. 21 322 INDEX. n'otices, affixing of, in tenement factory, 105, 106 how served, 175, 176 list of, 291—294 provisions as to affixing, apply to laundries, 122 do not apply to domestic factories or domestic workshops or men's work- shops, 140, 187 to be affixed in factory or workshop and sent to inspector, as to eight hours' employment on Saturday, 43 of annual holidays and half-holidays, 48 of any change in holidays or half-holidays, 48 of occupier's intention to avail himself of any special exception, 77 to change period of employment, times for meals, or system of employment of children, 45 to be affixed in factory or workshop, of the number of persons who may be employed in each room, 11 of the period of employment, times for meals, and system of employment of children, 45 of employment overtime, 78 of prohibition of employment of yoimg persons and children, 96 taking meals in certain parts of premises, 97 of name and address of prescribed inspector, 160 certifying surgeon for district, 160 of the clock by which period of employment and times for meals regulated, 160 to be sent to Chief Inspector of Factories, of artificial production of humidity, 110 of cessation of artificial production of humidity. 111 to be sent to inspector, of occupation of factory, workshop, or laundry, 122, 159, 160 of accidents causing death or injury, 30 of employment in pursuance of special exception, 78 of certain diseases, 93 of intention to conduct workshop on system of employing adults only, 42, 43 flax scutch mills on system of em- ploying adults only, 75 of loss and recovery of time in water factories, 71 to be sent to certifying surgeon, of accidents in certain cases, 80 of certain diseases, 93 Xotifioation of diseases, 93 nuisance, powers of inspector as to, in factory, 3 in workshops, workplaces, and domestic factories, 12, 13 Obstruction of inspector iu execution of duties, meaning of, 154, 155 penalty for, 155 Ocoupier, apportiomnent between owner and, of expenses of providing means of escape from fire, 25, 26 means of ventilation, 14, 15 ot structural alteration in bakehouse, 119 INDEX. 323 Oocnpier — continued. disqualification of, from acting as member of court of summary jurisdiction, 173 inspector or certifying surgeon, 153, 156 duty of, to give notice of accidents, 30, 31 occupation of factory or workshop, 159, 160 obtain certificate of attendance of children at school, 86, 87 keep general register, 161, 187 make returns of persons employed to chief inspector, 162, 187 obtain certificate of fitness in certain cases, 79, 80 notify certain diseases, 93 publish and supply copies of regulations for dangerous , trades, 104 keep lists of outworkers in certain trades, 182, 134 furnish means for entry, inspection, &c., by inspectors, 154 Jewish, special exceptions in case of, 62, 63 liability of, for breach of regulations or Special Bules by other persons, 104, 210 obstructing inspector in execution of duty, 154, 155 notices to be affixed and given by. See Notices, of dock, wharf, quay, or warehouse, 124 — 127 machinery or plant, 124 — 126 place from which work given out, duty of, to keep lists of out- workers, 133, 134 liability of, for giving out work to be done in un- wholesome premises, 137, 138 owner or hirer of machine liable instead of, in certain cases, 172 substituted for, for various purposes in tenement factories, 105—107, 213 payment by, of sum for schooling, 87 power of, to exempt himself on conviction of actual ofiender, 171, 172, 262, 273, 281 service of notices, summonses, &o., on, 175, 176 Offences, committed by agents, workmen, &c., 171, 172, 262, 273, 281 owner or hirer of machine in factory, 172 limit to cumulative fines for, 172 penalties for. See Penalty, prosecution of, 173, 189, 190, 263, 273 Oil and seed orushing mills, night employment in, 74 Open air, bleaching in, special exceptions as to, 54, 55, 63, 64, 71, 72, 196 overtime employment in manufacture of gas holders, boileA, &c., in, 65 place or premises in, may be a factory or workshop, 178 process in rope works, overtime employment of women in, 63, 64, 196 " Open for traffic," meaning of, 63 21—2 324 INDEX. Opening of doorg, piOTisions as to, 27, 28 do not applj to men's workshops, 187 Oiange lead, manufacture of, ceitified dangerous, 99 Special Bules for, 237, 238 Orders of Secretary of State. See Secretary of State. " Other mechanical power," meaning of, 179 Ontworkers, employment of, in unwholesome premises, 136 where infectious disease, 187, 188 forms of lists of, 134—136 lists of, must be kept in certain trades, 132 — 184 must be paid in cash and not by way of barter, 261, 262 provisions as to particulars of work and wages may be extended to, 145 Overcrowding, definition of, 10, 11 during overtime employment, 76 in factories, 1 — 3 in laundries, 11 in tenement factories, 105 in workshops, workplaces, and domestic factories, 7 — 11 powers of inspector as to, in workshops, &o., 12, 13, 76 Secretary of State as to, 10 Overtime employment, must be registered, and reported to inspector, 77, 78 notices as to, 77, 78, 123 of women for press of work, 63 — 67, 196, 197 in laundries, 122, 123 on perishable articles, 67 — 69 of women and young persons in water factories, 70, 71 in Turkey red dyeing and open air bleaching, 63, 64, 71, 72, 196 on incomplete process, 69, 70 overcrowding during, 10, 76 separation of branches and departments for purposes of, 66, 67 Owner, apportionment between occupier and, of expenses of providing means of escape from fire, 25 means of ventilation, 14, 15 structural alterations in bakehouses, 119 arbitrations between local authority and, as to means of escape from fire, 25, 194—196 definition of, 185, 186, 188 duty of, to provide means of escape from fire, 24 — 27 penalty for not providing, 25 of bakehouse, liability for letting unsanitary, 116, 118 factory or workshop may be required to provide sanitary con- veniences, 13, 16 — 18 machine liable in certain cases instead of occupier, 172 tenement factory substituted for occupier for various purposes, 21, 105—107 workshop may be required to limewash or cleanse, 7, 10 INDEX. 325 Ownei — continued. regulations or Special Eules for dangerous trades may impose duties on, in case of tenement factories or workshops, 102, 213 responsible for observance of regulations as to grinding in tenement factories, 107 service of notices and documents on, 176 Faint works, special exception as to limewashing, i, 5 Faints, manufacture of, certified dangerous, 99 Special Bules for, 218, 219 Faper colouring, overtime employment of women in, 65 prohibition as to meals where process of, carried on, 98 Faper mills are non-textile factories, 176, 204 different meal times for different sets, and employment during meal times, 54 extra half -hour on incomplete process in, 69 night employment of male young persons in, 72, 73 Faper staining works ' are non-textile factories, 204 definition of, 204 prohibition as to meals in, 98 Farent, definition of, 186 duty of, to cause child to attend school, 84—86 penalty for oHence by, 170, 281 Farticnlars of work and wages must not be expressed by means of symbols, 144 penalty for disclosing, or soliciting or procuring disclosure of, 145 provisions with respect to, 143 — 151. See Fiece-workers. do not apply to men's workshops, 187 may be extended to outworkers, 145 Fayment of wages, provisions of Truck Acts as to, 253 et seq. Fenal compenBation, contributory negligence no answer to proceedings for, 168 does not afieot right of action for damages, 168 in case of death or injury through neglect to observe provisions of Act, 167 owner of tenement factory may be liable for, 105 provisions as to, apply to laundries, docks, &c., warehouses, certain machinery and plant, and railway lines and sidings, 122, 124, 127, 130, 181 to be deducted from compensation under Employers' Liability or Workmen's Compensation Acts, 168, 169 Penalty, for contravention of order as to dangerous machinery on premises, 28,29 provisions as to steam boilers, 21, 166, 167 self-acting machinery, 22, 166, 167, 169 cleaning machinery in motion, 23, 169 326 INDEX. Penalty — continued. for contravention of provisions as to employment inside and out- side on same day, 44, 169 lavatories and meals in dangerous trades, 95, 97, 169 employment in wet-spinning, 95 cotton cloth factories, 113 general register, 162 imdergrouud bakehouses, 119, 166, 167 laundries worked by mecha- nical power, 123, 166, 167 lists of outworkers, 133 particulars of work and wages to piece-workers, 144, 145 limewashing, &o., of bake- house, 117 sleeping places near bake- house, 118 of regulations as to grinding in tenement factory, 107, 166, 167 or Special Rules for dangerous trades, 103, 104, 210 for divulging trade secret, 145 employing children contrary to Elementary Education Acts, 278 without obtaining school attendance certi- ficate, 87, 169 persons contrary to provisions of Act, 169 on holidays, 49, 169 failure to notify disease, 93 give notice of occupation of factory or workshop, 160 affix abstract and notices, 160 falsely pretending to be an inspector, 171 forgery of certificate, false entries, &c., 170, 171 giving out work to be done in unwholesome premises, 136 where infectious disease, 137, 138 letting or occupying unsanitary bakehouse, 116, 117 not complying with notice of district council as to limewashing, &c., 7, 10 requisition of Court holding investigation of accident, 34, 35 order of court of summary jurisdiction, 167 not fixing holidays, 49 not keeping factory or workshop in conformity with Act, 166 not fencing machinery, 19, 166, 167 not making return of persons employed, 162 not observing provisions as to temperature or thermometers, 14, 166,167 ventilation, 14, 94, 166, 167 drainage of floors, 15, 166, 167 sanitary regulations, 2, 16, 17, 166, 167 not providing means of escape from fire, 24, 25, 166, 167 giving notice of accident, 30, 31 obstructing inspector in execution of duty, 155 offence by parent, 170 using false indicator, or altering indicator, 144, 145 limit to, in case of continuing ofience, 172 INDEX, 327 Penalty — coniinued. recovery and application of, 173, 189, 190, 263 under Truck Acts, 256, 262, 267 FeToassion cap works are non-textile factories, 203 definition of, 203 Period of employment. See Hours of employment. Periodical returns, of persons employed to be sent to chief inspector, 162 provisions as to, do not apply to men's workshops, 187 Perishable articles, overtime employment of women on, 67, 68 Phosphor bronze, mixing and casting of, certified dangerous, 100 Special Bules for, 244 Phosphorus, cases of poisoning from, to be notified, 93 white or yellow, Special Rules for use of, 220 — 224 Photographs, special exception as to meals where printing of, carried on, 56 Piece-workers, regulations as to particulars of work and wages, do not apply to men's workshops, 151, 187 in certain non-textile factories and workshops, 146 — 151 in textile factories, 143 — 145 may be extended to outworkers, 145 Pillow-laee making in private house, exemption of, from provisions of Act, 142 Pinafores, particulars of work and wages to piece-workers in making of, 146 Pit banks, definition of, 207 of coal mines are not factories or workshops, 207 metalliferous mines are factories or workshops, 207 Place from which work given out, duty of occupier of, to keep lists of outworkers, 133 form of such list, 134, 135 duty of inspector to enforce Truck Acts in, 269 Plant, meaning of, 125, 126 occupier of, 125, 126 used in process of loading or unloading ship, application of Act to, 124, 125 Plate glass, different holidays for different sets in manufacture of, 61 Playing-card making, overtime employment of women in, 63, 64, 197 prohibition as to meals in process of, 98 Poisoning, certain cases of to be notified, 93 Poisonous substance, lavatories and meals where, used, 95 328 INDEX. f olishing on a wheel, meals must not be taken where process of, carried on, 98 ventilation by fan required, 94 Poor law medical officer, acts as certifying surgeon in certain cases, 157 meaning of, in Ireland, 191 in Scotland, 188 fork pies, overtime employment of women in making of, 65 Post, notices and documents may be served by, 175, 176 Powers of inspectors. See Inspectors. " Prescribed," meaning of, 186 Preserved trxdt making, overtime employment of women in, 66, 68 special exception as to limewashing in, i, 5 Press of work, overtime employment of women for, 63 — 67, 196, 197 Prevention of Cruelty to Children Act, 1894... 270— 272 Print works are non-textile factories, 176, 203 definition of, 20.3 extra half-hour for incomplete process in, 69 five hours' spell permitted in, 42 hours of employment in, 41, 42 meals must not be taken in, where process of singeing carried on, 98 special exceptions as to limewashing, 4, 5 meals, 54, 55 Printing. See also Letter-press printing works, of newspapers, time-tablep, &c., different holidays for different sets, 61 night employment of male young persons, 75 substitution of another day for Saturday, 60 of photographs, special exception as to meals, 56 prohibition as to meals in process of lithographic, 98 Private house, exemption of certain handicrafts exercised in, 142 Proceedings, evidence in summary, 78, 161, 174, 175 limitation of time and general provisions as to summary, 173, 174 right of inspector to conduct, 156 " Process " includes the use of locomotive, 186 Procurator fiscal may prosecute ofiences in Scotland, 189, 263 Production of certificates, registers, &c., power of inspector to require, 154 Proficiency, standard for certificate of, 88 — 91, 280 Proof of age in summary proceedings, 175 Prosecution of offences, 178, 189, 190, 263, 273 limitation of time for, 173, 174 INDEX, 329 lublio elementary school, is a certified efficient school, 91 what is a, 276, 277 Public Health Acts, how far provisions of, apply to factories and workshops, 2, 6 — 8, 13, 16—18 in Ireland, 3, 192 in Scotland, 3, 187, 188, 189 power of Secretary of State or inspector to enforce provisions of, in default of local authority, 11 — 13, 18 Public Health (Loudon) Act, 1891. ..7, 9, 10, 17, 18, 119, 120 Publication of regulations or Special Orders for dangerous trades, 104, 159 " Purpose of gain," meaning of, 179, 180 Quaiiies are non-textile factories if mechanical pow^ used, 207 workshops if mechanical power not used, 207 certified dangerous, 99 definition of, 207 in Cornwall, extra half-hour on incomplete process in, 70 overtime employment of women in, 65 special exception as to meals, 56 substitution of another day for Saturday, 60 more than twenty feet deep, powers of inspectors transferred to inspectors of mines, 156, 207 provisions as to accidents do not apply to, 31, 32 Quarries Act, 1894... 31, 32, 156, 207 Quarter Sessions, appeal to, 173 Quays, application of Act to, 124, 125, 127 Sags, meals must not be taken where sorting, dusting, or grinding, carried on, 98 Bailway Smploymeut (Prevention of Accidents) Act, 1900... 130, 131, 132 Bailway lines and sidings, application of Act to, 130, 131 Becoguised efficient school, definition of, 92 in Ireland, 190 duty of occupier to obtain certificate of attendance at, 86, 87 parent to cause child to attend, 84 — 86 exercise of manual labour for purpose of instruction in, 179 managers of, may require occupier to pay for schooling, 87 Becord of readings of thermometers, form of, 201 in cotton cloth factories, 110 other humid factories, 113 Becovery of flues and penalties, 173, 263, 273 330 INDEX. Bed lead, manufacture of, certified dangerous, 99 Special Bules for, 237, 238 Beformatory, exemption of laundries worked by inmates of, 123 Begister. See also General Begister. of employment in pursuance of special exception, 77, 78 overtime, 77, 78, 128 of workshops to be kept by district council, 163 Bepeal, 192, 193, 207, 208 orders, rules, and regulations under repealed Acts continue in force, 198 Begulations as to grinding in tenement factories, 107, 198 of Board of Education as to certificates of age, proficiency, and school attendance, 283 et seq. Begulations for dangerous trades, application of, 102 in case of tenem.ent factories and workshops, 102 inquiries as to, 102 objections to, 101 penalties for breach of, 103, 104 penalty for defacing or pulling down, 104, 105 power of Secretary of State to make, 98, 99 printed copies of, to be posted up in factory or workshop, 104 procedure for making, 101 provisions as to, apply to docks, &c., warehouses, certain machinery, lines, and sidings, 124, 127, 130, 131 which may be made by, 103 publication of, 104 to be judicially noticed, 105 to be laid before Parliament, 103 with respect to cotton cloth and other humid factories, 108 — 115 Beligioas institutions, exemption of laundries conducted by, 123 Bepair of building, meaning of, 129, 130 of ship in dock does not malie dock a ship-building yard, 206 Bepairs, saving for young persons employed in, 187 Beport as to accident after formal investigation, 34 by certifying surgeon, 32 examination of steam boilers, 20, 21 by certifying surgeon as to result of inspection, 157 by inspector to Board of Education as to recognised efficient schools, 92 by occupier as to employment in piirsuance of special exception, 78, 140 overtime, 78, 123, 140 of inspector as to humid factories, 110, 111, 113 of medical officer of health as to administration of Act in workshops, &c., 163 of proceedings of inspectors to be laid before Parliament, 153 Beq,uuitiou for certificate of birth, forms of, 164 — 166 INDEX. 331 Betail bakehonses, definition of, 121 entry and inspection of, by medical officer of health, 120 sanitary provisions in, enforced by local authority, 120, 121 Keturns of persons employed, 162, 187 Bibbon, five hours' spell in factories solely used for making of, 53 overtime employment of women in warping, winding, &o., 65 Bope works, are non-textile factories or workshops, 176, 205 definition of, 20S if machinery used for drawing or spinning fibres of flax, &c., are textile factories, 176, 206 overtime employment of women in, 63, 64, 196 Safety, provisions with respect to, 18 — 29 apply to laundries, 122 cleaning machinery in motion, 22, 23 fencing machinery, 18 — 20 means of escape from fire, 2i — 27 opening of doors, 27, 28 orders as to dangerous machinery and premises, 28, 29 self-acting machinery, 21, 22 steam boilers, 20, 21 Salt, girls under sixteen must not be employed in making or finishing, 96 Sanitary accommodation, power of inspector to enforce provisions as to, 13, 16 — 18. district council to enforce provisions as to, 16 — 18 provisions as to, do not apply to men's workshops, 187 requirements of inspector or district council, how questioned, 13 Secretary of State may determine what is sufdcient, 16 Sanitary anthority. See District conncil, Sanitary provisions, apply to laundries, 122 for factories, 1 — 6 for workshops, workplaces, and domestic factories, 6 — 10 in factories enforced by inspectors, 3 in workshops, workplaces, and domestic factories by local authority, 8 may be made a condition of employment under special exception, 76 owner of tenement factory substituted for occupier for purpose of, 105 penalty for contravention of, in factory, 2, 166, 167 power of factory inspector to enforce in workshops, &c., in default of local authority, 11 — 13 special, for bakehouses, 116 — 121 Saturday, child not required to attend school on, 85 extra half-hour in Turkey red dyeing, 60 special provisions as to eight hour^' employment on, 43 in case of Jews, 62, 63 substitution of another day for, 59, 60 332 INDEX. Scaffolding, what is a, 129, 130 Scale of fees of certifying surgeons, 202 Scarlet fever, wearing apparel must not be given out to be made, &o., where there is, 137 School. See Education of children ; Secognised efficient school. Scotland, application of Act to, 187 — 190 education of children in, B8, 89, 282, 283 form of requisition for certificate of birth in, 165 Secretary of State, forms prescribed by, for list of outworkers, 184 — 186 Orders of, granting or extending special exceptions, different meal times for difierent sets, and employment daring meals, 56 — 58 employment from 9 a.m. to 9 p.m., 50 five hours? speU in certain textile factories, S3, 54 holidays on different days for different sets, 61 limewashing and washing in factories, 4 — 6 night employment of male young persons, 73, 74 overtime employment of women for press of work, 64 — 67 on perishable articles, 68, 69 on incomplete process, 70 in factories driven by water, 70, 71 separation of branches and departments, 66, 67, 181 — 183 substitution of another day for Saturday, 59, 60 Orders of, extending provisions as to piece-workers, 146— 161 prohibition as to meals, 98 granting special exemption as to grinding in tenement factories, 198 from provisions of Truck Act, 1896...269 modifying table of humidity in case of spinning merino, &c., by the " French " process, 114 with respect to lists of outworkers, 133 — 136 powers of, as to application of penalty in case of death or injury, 167 overcrowding, 10, 11 ventilation, 14 limewashing, 2 employment inside and outside factory or workshop on same day, 61 to appoint inspectors, clerks, &c., 152, 153 authorise inspector to conduct proceedings, 156 act in default of local authority, 11, 12 alter table of humidity, 108, 109, 113 determine what is sufficient sanitary accommodation, 16 direct formal investigation of accidents, 33 — 35 exempt Crown factories and workshops from provisions of Act, 181 extend provisions as to notification of diseases, 93 fix standard of proficiency or school attendance, 88 — ^91 grant special exception as to employment in creameries, 59 impose sanitary requirements as a condition of special exceptions, 76 make regulations for dangerous trades, 98 — 105 rules as to appointment and duties of certifying surgeons, 156, 157 INDEX. 333 Secretary of State — continued, powers of — continued. to order thermometers to be provided, 13, 14 require certificates of fitness for employment in workshops, 83 rescind orders as to special exceptions, 77 ■with respect to Special Rules for dangerous trades, 209—213 processes certified dangerous by, 99, 100 provisions with respect to Special Orders by, 159 Seed crushing mills, night employment of male yoimg persons in, 74 Self-acting machinery, reg\ilations as to, 21, 22 Separate factory or workshop, chief inspector may authorise part of factory or workshop to be treated as, 178 Separation of branches and departments, 66, 67, 181 — 183 Servant, offence committed by, 171, 172 Service of notices, summonses, and other documents, 175, 176, 257 Ship, application of Act to machinery or plant used for loading or unloading, 124, 126 Shipbuilding works, special exception as to limewashing in, 6 Shipbuilding yard, definition of, 206 is a factory if mechanical power used, 206 workshop if mechanical power not used, 206 dock does not become a, merely because used for repair or finishing of ship, 206 Shop, definition of, 45, 274 employment in, on same day as in factory or workshop, 44, 45, 273 factory or workshop connected with, different holidays for different sets in, 61 substitution of another day for Saturday, 60 packing goods after shop hours in, may constitute a workshop, 180 Shop Hours Acts, 1892— 1895... 272— 276 Sidings, application of Act to, 130, 131 Silk, five hours' spell in winding and throwing, 54 special exception as to meal times in spinning, 57 Silvering mirrors, prohibition of employment of young persons or children, 95 Singeing, meals must not be taken where process of, carried on, 98 Skins, sorting of foreign and East Indian, certified dangerous, 100 Special Rules for, 248—250 Sleeping, places near bakehouse, regulations as to, 118 room solely used for, not part of factory or workshop, 178 Small-poz, penalty for giving out wearing apparel to be made, &o., where, 137 334 INDEX. Soap factories, special exception as to limewaehing in, 4, 5 Sorting, foreign and East Indian hides and skins certified dangerous, 100 Special Rules as to, 248 —250 wool, goat-hair, and camel-hair certified dangerous, 100 Special Rules as to, 245 wool, hair, or rags, meals must not be taken where process of, carried on, 98 Special exceptions, different meal times for difierent sets, 54 — 58 employment during meal times, 54 — 58 from 9 a.m. to 9 p.m., 49, 50 inside and outside on same day, 61 of male young persons of sixteen in bakehouses, 52 in lace factories, 51 fish-curing and fruit-preserving, 58 five hours' spell in textile factories, 53, 54 holidays on different days for difierent sets, 61 in case of Jewish occupiers, 62, 63 limewashing in factories, 4^6 night employment of male young persons, 72 — 75 notices, registers, and reports as to employment in pursuance of, 77, 78, 161 overtime employment, 63 — 72. See Overtime employment, power of Secretary of State to impose sanitary req^uirements as condition of, 76 Saturday employment in Turkey red dyeing, 60 Special Bnles for dangerous trades, 213 et se^. amendment of, 210 arbitrations with respect to, 211, 212 bottling of aerated waters, 246, 247 certified copies of, to be evidence, 211 chemical works, 233 — 237 electric accumiilator works, 240 factories or workshops in which yellow ohromate of lead used, or goods dyed with it are treated, 243 handling of imported hides and skins, 248 — 250 in tenement factories, 213 lead smelting works, 239 lucifer match works, 220 — 225 making of transfers for earthenware and china, 230 — 232 manufacture of earthenware and china, 225 — 230 explosives, 232, 233 paints and colours, and extraction of arsenic, 218, S19 may continue to be made in manner provided by Acts of 1891 and 1895... 193 prohibit or restrict employment, 213 mixing and casting of brass and certain other alloys, 244 penalty for contravention of, 210 provisions of Acts of 1891 and 1895 as to, 209—213 red and orange lead works, 237, 238 representation of workmen on arbitration as to, 213 spinning and weaving of flax, 241, 242 vulcanising india-rubber, 247, 248 white lead factories, 214 — 218 INDEX. 335 Special Bnles for dang^erous tTnieB— continued. wool oombing, 250 — 252 sorting, 245, 246 works in wHoli lead, arsenic, or antimony used in enamelling iron plates, 219, 220 or arsenic used in tinning or enamelling hollow ware and cooking utensils, 240, 242, 243 yellow lead works, 238, 239 Standards of proficiency and school attendance for employment of child of thirteen as young person, 89—91 Starch factories, special exception as to limewashing in, 4, 5 Steam boilers, in tenement factories and workshops, 21 inspection of and report as to, 20, 21 power of court of summary jurisdiction to prohibit use of, 28 regulations as to, 20, 21 apply to laundries, docks, &c., warehouses, and certain lines and sidings, 21 Steel cables, chains, anchors, and grapnels, particulars of work and wages to piece-workers in making of, 146, 147 Stone works, special exception as to limewashing in, 4 Straw hats, employment from 9 a.m. to 9 p.m. in manufacture of, 50 Straw plaiting in private house, exemption of, from provisions of Act, 142 Sugar factories, night employment of male young persons in, 74 Snnunary jnriadiction. See Court of summary jurisdiction. Summary Jurisdiction Acts apply to proceedings for ofEences under Act, 173 Summary proceedings, evidence in, 78, 161, 174, 175 general provisions as to, 174 in Ireland, 191 in Scotland, 189, 190 limitation of time for, 173, 174 Sunday, employment on, of Jewish women and young persons, 62, 63 young persons employed in night work, 72 — 75 power of Secretary of State to allow employment on, in creameries, 69 prohibition of employment on, 47 Sweetmeat factories, speciaJ exception as to limewashing, 4, 5 Table of humidity, copy of, must be kept hanging up, 110 in cotton cloth factories, 199, 200 in factories where spinning of merino, &c., by " French " process carried on, 114, 115 may be altered by Secretary of State, 108, 109 336 INDEX. Tannerieg, special exception as to limewashing in, i, 5 Temperatare, in cotton cloth factories, 108 factories and workshops, 13, 14 humid factories, 113 laundries, 123 provisions as to, do not apply to men's workshops, 187 thermometers for recording, in cotton cloth factories, 109, 110 Tenement factory, all buildings in same close or curtilage to be treated as one building, 177 certificates of fitness in, 107, 108 definition of, 177 owner of, substituted for occupier for purpose of certain provisions of Act, 106, 106 provisions as to steam boilers in, 31 means of escape from fire in, 25, 26 regulations as to grinding cutlery in, 107, 198 for dangerous trades in, 102 Special Bules for dangerous trades in, 213 Tenement workshop, definition of, 178 owner of, substituted for occupier for purpose of regulations as to steam boilers, 21 with respect to means of escape from fire, 25, 26 regulations for dangerous trades in, 102 Textile factory, artificial production of humidity in, 113. See also Cotton cloth factories. definition of, 176 five hours' speU in certain cases, 53, 54 hours of employment in, children, 37, 38 women and young persons, 35, 36 special exception as to, in lace factories, 51 overtime employment of women in certain parts of, 63, 64, 197 particulars of work and wages to piece-workers in, 143 — 145 special exception as to mecJ times, 56, 57 Thermometers, form of record of readings of, 201 in cotton cloth factories, 108^ — 110 in humid factories, 113, 114 power of Secretary of State to require, to be provided, 13, 14 provisions as to, do not apply to domestic factories or workshops, or men's workshops, 140, 187 Tilei, making and finisliing of, overtime employment of women in, 63, 64, 196 prohibition of employment of girls under sixteen in, 96 Time, limitation of, for prosecution of offences, 173, 174 Tin streams in Cornwall, extra half-hour on incomplete process in, 70 overtime employment of women in, 65 special exception as to meals in, 56 substitution of another day for Saturday in, 60 INDEX. 337 liuning of hollow-ware and cooking utensils, certified dangerous, 99 Special Bules for, 240, 242, 243 Tobacco factories are non-textile factories, 205 Tools, certain parts of factories or workshops in which manufacture of, carried on may be treated as a separate factory or workshop, 182 deductions from wages for sharpening, 261 Trade secrets, penalty for divulging, or soliciting, or procuring disclosure of, 145 Transfers for earthenware and china, Special Bules for making of, 230—232 Trayelling oyens, special exceptions as to meal times where, used, 56 Trimming, five hours' spell in textile factories solely used for making of, 58 Truck Acts, 1881— 1896... 253— 269 provisions of, enforced in factories, workshops, and laundries by factory inspectors, 155, 156, 263, 269 Turkey red dyeing, extra half-hour on Saturdays, 60 overtime employment of women in, 63, 64, 196 women and young persons to prevent damage, 71, 72 Typefounding, meals must not be taken where process of, carried on, 98 TTndergronnd bakehouses, definition of, 118 must not be used after 1904 unless certified suitable by district council or court of summary jurisdiction, 118, 119 prohibition of, 118—120 Unhealthy premises, employment of outworkers in, 136 — 138 power of court of summary jurisdiction to make order as to, 29 TTnhealthy processes. See Dangerous and unhealthy industries ; Segulations for dangerous trades ; Special Sales for dangerous trades, TTpholstery work, lists of outworkers to be kept, 134 Valentine making, overtime employment of women in, 63, 64, 197 Vapour, ventilation by fan to prevent inhalation of, 94, 105 Varnish works, special exception as to limewashing in, 4, 5 Ventilation, by fan required in certain cases, 94 laundries, 123 expenses of providing means of, as between owner and occupier, 14, 15 F.A. 22 338 INDEX. Ventilation — contmued. in cotton cloth factories, 112, 113 factories, 1, 14 tenement factories, 105, 106 workshops and workplaces, 6 — 10, 14 power of Secretary of State to fix standard of, 14 impose special requirements as to, as a condition of special exception, 76 provisions as to, do not apply to domestic workshops or men's workshops, 140, 187 enforced in factories by inspectors, 3 workshops and workplaces by local authority, 7 — 10 Special Bules as to, in dangerous trades. See Special Bales for dangerous trades. Ynloanising india-rnbber, certified dangerous, 100 Special Bules as to, 247, 248 Wages, deduction from, of payments for schooling, 87, 261 deductions from, provisions of Truck Acts as to, 258, 260, 261, 266, 267, 268 must be paid in cash, 253 — 255, 261, 262 particulars of work and, to be given to pieceworkers, in textile factories, 148 — 145 in certain non-textile factories and workshops, 146 — ^151. See Pieceworkers, provisions of Truck Acts as to, 253 et seq. Weights and Measures Acts apply to weights, &c., used for ascertaining, 152 Warehouse, application of certain provisions of Act to, 124 in factory or workshop may in certain cases be treated as separate, 182, 183 overtime employment of women in, 63, 64, 197 Washing. See Limewashing. conveniences for, must be provided in certain cases, 95. See also Special Bnles for dangerous trades, of bottles for preserved fruit, overtime employment of women in, 66 Water, overtime employment in factories driven by, 70, 71 Water-closets. See Sanitary accommodation. factories and workshops must be kept free from effluvia from, 1, 6 Water-wheel, fencing of, 18 Wearing apparel, lists of outworkers in manufacture of, must be kept, 133 overtime employment of women in making up of, 63, 64, 197 prohibition of making, cleaning or repairing of, where scarlet fever or small-pox, 137 may be extended by district council to other infectious diseases, 137, 138 INDEX. 339 Wearing apparel — contmued, special exceptions in non-textile factories and workshops where, made, as to meals, 66 holidays on different days for different sets, 61 substitution of another day for Saturday, 60 Weaving, of cotton cloth. See Cotton cloth factory, of flax, Special Bules for, 211, 212 "Week," definition of, 186 Weights and Ueasures Acts, provisions of, apply to weights, &o,, used for ascertaining wages, 162 Wet-spinning, special provisions as to employment in, 95 Special Bules for, 212 Wharf, application of certain provisions of Act to, 121 meaning of occupier of, 125, 127 what is a, 126 Wheel-race, must be fenced, 18 White lead, manufacture of, certified dangerous, 99 Special Rules for, 211—218 prohibition as to meals where process of making, carried on, 98 young person or child must not be employed in process of making, 95 White metal, mixing and casting of, certified dangerous, 100 Special Bules for, 211 Wholesale tailoring, particulars of work and wages to pieceworkers in, 119, 150 Woman, Women, definition of, 186 eight hours' employment of, on Saturdays, 13 employed in fish curing and fruit preserving, special exceptions as to, 58 hours of employment for, in bleaching and dyeing works,' 11, 12 laundries, 121 flax scutch mills worked intermit- tently, 75 non-textile factories, 38, 39 print works, 11, 12 textile factories, 85, 36 women's workshops, 12, 13 workshops, 38, 39 must not be allowed to clean mill-gearing while machinery in motion, 23 take meals in certain parts of factory or workshop, 96—98 work between fixed and traversing part of self-acting machine, 22 340 INDEX. Woman, Women — contimied. must not be employed continuously, for moie than 4| hours in textile factory, 86 5 hours in non-textile factory or laundry, 39, 121, 122 must not be employed within four weeks of childbirth, 79, 122 overtime employment of, for press of work, 63 — 67, 196, 197 in factories driven by water, 70, 71 in laundries, 122, 123 in Turkey red dyeing and open-air bleach- ing, 63, 64, 71, 72, 196 on incomplete process, 69, 70 on perishable articles, 67 — 69 penalty for employing, contrary to Act, 169 prohibition of employment of, in white lead factories, 215 provisions as to hours of employment of, do not apply to domestic factories or workshops, 139 restrictions on employment of, inside and outside factory or workshop on same day, 43, 44 in certain dangerous trades, 215, 216, 244 special exceptions as to hours of employment of, five hours' spell in certain textile factories, S3, 54 in creameries, 59 in fish curing and fruit preserving, 58 in Turkey red dyeing, 60 9 a.m. to 9 p.m. in certain cases, 49, 50 special exceptions as to meal times, and employment during meal times, 54 — 58 provisions as to employment of, in wet-spinning, 95 Women's workshops, definition of, 42 special provisions as to hours of employment and meals in, 42, 43 Wool, meals must not be taken where process of sorting or dusting of, carried on, 98 processes of sorting, combing, washing, &c., certified dangerous, 100 Special Bules for sorting of, 245, 246 combing, willowing, &o., 250 — 252 Woollen factories, five hours' spell in, in certain counties, 53 particulars of work and wages to pieceworkers in, 143 " Working for hire," meaning of, 183, 184 Workman, ofience committed by, 171, 172, 210 Workmen's Compensation Act, 1897... 125— 130, 169, 179, 180, 206 Workshop, accidents in, provisions as to, 30 — 35. See Accidents. belonging to Crown, application of Act to, 181 certificates of fitness for employment of persons imder sixteen in, 82,83 child must not be employed continuously for more than five hours in, 41 child under twelve must not be employed in, 79 INDEX, 341 Workihop — contmued. conducted on system of not employing children or young persons, 42,43 women, children, or young persons, 186, 187. See Uen's Workshops, dangerous machinery, &c., ,in, power of court of summary juris- diction as to, 28, 29 processes in. See Sangeroas and unhealthy industries ; Special Bules for dangerous trades ; Begulations for dangerous trades, definition of, 177, 178 district council may require limewashing or cleansing of, 7, 10 domestic. See Domestic Workshop, drainage of floors in, 15, 16 education of children employed in, 84 — ^93. See Education of children, employment in, definition of, 183, 184 holidays in. See Holidays. hours of employment in, for children, 40, 41 women and young persons, 38, 39 in London, sanitary provisions as to, 7, 9, 10, 17 inspection of weights and measures In, 152 lists of outworkers must be kept in certain trades, 132 — 134 meals in. See Heals, means of escape in case of fire, 24 — 27, 184 arbitrations as to, 194 — 196 night employment of male young persons in, 72 — 75 notice of occupation of, to be given to inspector, 159, 160 by inspector to district council, 160 notices to be a£Szed in, or served on inspector. See Notices, notification of diseases contracted in, 93 opening of doors in, provisions as to, 27, 28 overcrowding in, 6, 10, 11 overtime employment in, 63 — 72, 196, 197. See Overtime employ- ment, owner of. See Owner. part of a, may vrith approval of Chief Inspector be treated as a separate, 178 particulars of work and wages to be given to pieceworkers in, 146—151 penalties for ofiences in. See Penalty. place in precincts of, not used for manufacturing process or handi- craft, not part of, 178 or premises in open air may be a, 178 power of inspector to enforce sanitary provisions in, in default of local authority, 11 — 13 • powers of inspectors with respect to, generally, 153, 154 local authorities and their officers with respect to, 163 railway lines and sidings used in connection with, 130, 131 restrictions on employment inside and outside, on same day, 43, 44, 61 returns of persons employed in, to be sent to Chief Inspector, 162 room used solely for sleeping in, not part of, 178 safety in, provisions for, 20 — 29 sanitary accommodation in, 16 — 18 provisions with respect to, 6 — 10 enforced by local authority, 6 — 10 separation of branches and departments in, 66, 67, 181 — 183 342 INDEX. Workshop — continued. shop may be a, if goods packed, &o., after shop hours, 180 special exceptions as to hours of employxaent in, in case of Jews, 62, 63 in creameries, 59 in fiih curing and fruit preserving, 58 male young persons of sixteen in bakehouses, 52 9 a.m. to 9 p.m. in certain cases, 49, SO special provisions as to eight hours' employment in, on Saturdays, 43 Special Bules for dangerous processes in. See Special Bnlei foz dangerous trades, steam boilers, regulations as to, 20 temperature in, 13, 14 tenement, definition of, 178 special provisions as to, 21, 25, 26, 102 thermometers in, 13, 14 unhealthy, power of court of summary jurisdiction as to, 29 ventilation in, 6, 14, 15, 94 young person must not be employed continuously in, for more than five hours, 39 Worsted Victories, particulars of work and wages to be given to piece- workers in, 143 Yellow chromate of lead, use of, certified dangerous, 99 Special Bules for, 243 Yellow lead, manufacture of, certified dangerous, 99 Special Bules for, 238, 239 Young person, certificate of birth of, 81, 82, 163—166 capacity for work may be required in certain cases, 84 fitness for employment in factory, 79, 80 tenement factory, 107, 108 workshop, 82, 83 definition of, 186 employed in repairs, saving for, 187 employment of, inside and outside factory or workshop on same day, 44 exercise by, in school of manual labour for purpose of instruction, 179 holidays of, 47, 48, 122. See Holidays, hours of employment for, in bleaching and dyeing works and print works, 41, 42 domestic factories and domestic workshops, 139, 140 laundries, 121, 122 non-textile factories, 38, 39 textile factories, 85, 36 workshops, 38, 39 meals of. See Heals. must not be allowed to clean dangerous part of machinery in motion, 23 take meals in certain parts of factories and workshops, 96 — 98 work between fixed and traversing part of self-acting machinery in motion, 22 INDEX. 343 Toang person — contirmed. must not be employed continuously for more than 4J hours in textile factory, 36 employed continuously for more than 5 hours in non-textile factory, workshop, or laundry, 39, 42, 121, 122 night employment of, 72—75 overtime employment of, in factories driven by water, 70, 71 Turkey red dyeing and open-air bleach- ing, 71, 72 on incomplete process, 69, 70 penalty for employing, contrary to Act, 169 ofience by parent of, 170 prohibition of employment of, in certain factories and workshops, 9S, 226, 230, 244, 247 special exceptions as to hours of employment of, five hours' spell in certain textUe factories, SB, 54 in bakehouies, 52 in case of Jews, 62, 63 in creameries, 59 in fish curing and fruit preserving, 58 in lace factories, 51 in Turkey red dyeing, 60 9 a.m. to 9 p.m. in certain cases, 49, SO special exception as to meal times being simultaneous and employ- ment during meal times, 54— 58 special provisions as to eight hours' employment on Saturday, 43 employment in wet-spinning, 95 BRADBURT, AONKW, & CO. 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