1 Edw. 7, c. 22.
Definitions of
"certified
efficient
school," and

recognised

efficient school."

33 & 34 Vict. c. 75.

Application

of Act to domestic

factories and workshops.

72 (1) In this Act-
The expression "certified efficient school" means a public
elementary school (7) within the meaning of the Elementary
Education Acts, 1870 to 1900, and any workhouse school ir.
England certified to be efficient by the Local Government
Board, and any elementary school which is not conducted for
private profit and is open at all reasonable times to the inspec-
tion of His Majesty's inspectors of schools, and requires the
like attendance from its scholars as is required in a public
elementary school, and keeps such registers of those attend-
ances 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 Ele-
mentary Education Act, 1870, as a school giving efficient
elementary education to and suitable for the children of a
school district, and which is recognised for the time being
by an inspector under this Act as giving efficient elementary
education.

(2) An inspector shall immediately report to the Board of Education every school recognised by him as giving efficient elementary education.

111 The application of this Act to domestic factories and domestic workshops (r) shall be subject to the following provisions:

(1) The regulations with respect to the hours of employment 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 shall not be employed in the factory or workshop except during the period of employment herein-after mentioned; and

(b) The period of employment for a young person shall, except on Saturday, begin at six o'clock in the morning and end at nine o'clock in the evening, and shall on

(9) For the explanation of what
is a 66
public elementary school,"
see 33 & 34 Vict. c. 75, s. 7.

a

(7) These expressions mean 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 within the

meaning of this 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 :

sec. 115.

Saturday begin at six o'clock in the morning and end 1 Edw. 7, c. 22.
at four o'clock in the afternoon; and

(c) There shall be allowed to every young person for
meals and absence from work during the period of
employment not less, except on Saturday, than four
hours and a half, and on Saturday than two hours and
a half; and

(d) The period of employment for a child 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
evening 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 be deemed,
according to circumstances, to be employed in a
morning or afternoon set; and

(e) A child shall not be employed before the hour of one
in the afternoon in two successive periods of seven
days, nor after that hour in two successive periods of
seven days; and a child shall not be employed on
Saturday in any week before the hour of one in the
afternoon if on any other day in the same week he has
been employed before that hour, nor after that hour if
on any other day of the same week he has been em-
ployed after that hour; and

(f) A child shall not be employed continuously 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 pur-
suance of an exception, shall not apply except so far as may
be prescribed from time to time by the Secretary of State.
(3) The provisions of this Act with respect to certificates of fitness
for employment shall apply to a domestic factory as if it
were a workshop and not a factory.

(4) The following provisions shall not apply to a domestic factory
or to a domestic workshop, namely:-

(a) the provisions as to meal hours being simultaneous,
and as to prohibition of employment during meal
times;

(b) the provisions as to affixing notices and abstracts, and
as to specifying certain matters in notices so affixed;

(c) the provisions as to holidays;

(d) the provisions as to notices of accidents;

(e) the provisions as to means of ventilation, the drainage
of floors, and thermometers;

1 Edw. 7, c. 22.

Fine for offence by parent.

(f) the provisions as to the keeping of a general register. (5) The provisions of section one of this Act (relating to the sanitary condition of a factory) shall not apply to a domestic factory.

138 (1) If a young person or child is employed in a factory or workshop contrary to the provisions of this Act, the parent of the young person or child shall be liable to a fine not exceeding twenty shillings for each offence, 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 of a child neglects to cause the child to attend school in accordance with this Act, he shall be liable to a fine not exceeding twenty shillings for each offence.

Repeal of

49 & 50 Vict. c. 56.

Sale of liquors to children to be illegal.

INTOXICATING LIQUORS (SALE TO CHILDREN)
ACT, 1901.

1 Edw. 7, c. 27.

1 The Intoxicating Liquors (Sale to Children) Act, 1886, is hereby repealed. (8)

2 Every holder of a licence who knowingly (t) sells or delivers, or allows any person to sell or deliver, save at the residence or working place of the purchaser, any description of intoxicating liquor to any person under the age of fourteen years for consumption by any person on or off the premises, excepting such intoxicating liquors as are sold or delivered in corked and sealed vessels (u) in quantities

(s) This Act prohibited licenceholders knowingly selling, or allowing the sale of, any intoxicating liquor to and for consumption on the premises by a child under thirteen.

(1) This section does not create an absolute prohibition against the sale of intoxicating liquor to any person under the age of fourteen years, except in corked and sealed vessels; and therefore, where there is no knowledge on the part of the licence-holder or the barman who sells, and the latter honestly believes that the person to whom he sells is over the age of fourteen years, the licence-holder cannot be convicted (Groom v. Grimes, 89 L. T. 129): nor is a licence-holder who has not

delegated the charge or control of the licensed house liable under this section for the act of his servant who, without his knowledge or connivance, sells intoxicating liquor in breach of the provisions contained in this section (Emary v. Nolloth [1903] 2 K. B. 264; 72 L. J. K. B. 620).

(u) These terms are defined in sec. 5, post. The vessel must, in fact, be corked and sealed, and where a licence holder sold intoxicating liquor to a child under fourteen in a vessel corked and sealed and believed by him to be, but not in fact, sealed as required by this Act, he was held to be guilty of an offence under this section (Brooks v. Mason [1902] 2 K. B. 743; 72 L. J. K. B. 19).

not less than one reputed pint for consumption off the premises 1 Edw. 7, c. 27. only, shall be liable to a penalty not exceeding forty shillings for the first offence, and not exceeding five pounds for any subsequent offence; and every person who knowingly sends any person under the age of fourteen years to any place where intoxicating liquors are sold, or delivered, or distributed, for the purpose of obtaining any description of intoxicating liquor, excepting as aforesaid, for consumption by any person on or off the premises, shall be liable to like penalties.

3 Nothing in this Act shall prevent the employment by a licensed Messengers person of a member of his family or his servant or apprentice as a of licensees. messenger to deliver intoxicating liquors.

4 For the purposes of all legal proceedings under this Act, this Act shall be construed, in England, as one with the Licensing Acts, 1872-1874; in Scotland, as one with the Licensing (Scotland) Acts, 1828 to 1897; and in Ireland, as one with the Licensing (Ireland) Acts, 1833-1900.

Provisions

for legal proceedings under

Act.

5 The term "corked" means closed with a plug or stopper, Definitions. whether it is made of cork or wood, or glass, or some other material.

The expression "sealed" means secured with any substance without the destruction of which the cork, plug, or stopper, cannot be withdrawn.(x)

EMPLOYMENT OF CHILDREN ACT, 1903.
3 EDW. 7, c. 45.

1 Any local authority (y) may make byelaws

(i) prescribing for all children (z) or for boys and girls separately,

() In Mitchell v. Crawshaw (72 L. J. K. B. 389; [1903] 1 K. B. 701) the Court held that the justices were right in finding that a bottle corked by means of a screw stopper, and having a gummed paper label fastened over the stopper to the opposite sides of the neck of the bottle, was not "sealed within the meaning of this section, there being evidence before them that a fastening identical with the above could be removed and replaced in a few minutes without the destroying the label or showing signs of removal. In Macey v. McKenzie, 88

Power to

make bye

laws for
L. T. 631, however, where a magis- regulating the
trate had from his own knowledge employment
formed the opinion that the fastening of children.
of a bottle similar to the above could
be removed in several ways without
destroying the label, and found that
the bottle was not "sealed" in com-
pliance with this section, the Court
held that there was no evidence
before the magistrate to support
such a finding.

(y) Defined by sec. 13, infra.
(z) See sec. 13. By that section
"child" means person under four-
teen years of age, where no other
age is specified.

3 Edw. 7, c. 45.

Power to make bye

laws for the regulation of street trading by person

under sixteen.

General

restrictions on
employment
of children.

and with respect to all occupations or to any specified occupation

(a) the age below which employment is illegal; and

(b) the hours between which employment is illegal; and
(c) the number of daily and weekly hours beyond which
employment is illegal :

(ii) prohibiting absolutely or permitting, subject to conditions,
the employment of children in any specified occupation.

2 Any local authority may make byelaws with respect to street trading (a) by persons under the age of sixteen, and may by such byelaws

(a) prohibit such street trading (a) except subject to such conditions as to age, sex, or otherwise, as may be specified in the byelaw, or subject to the holding of a licence to trade to be granted by the local authority;

(b) regulate the conditions on which such licences may be granted, suspended, and revoked;

(c) determine the days and hours during which, and the places at which, such street trading may be carried on;

(d) require such street traders to wear badges;

(e) regulate generally the conduct of such street traders:
Provided as follows:-

(1) The grant of a licence or the right to trade shall
not be made subject to any conditions having refer-
ence to the poverty or general bad character of the
person applying for a licence or claiming to trade;
(2) The local authority, in making byelaws under this
section, shall have special regard to the desirability
of preventing the employment of girls under sixteen
in streets or public places.

3 (1) A child (b) shall not be employed between the hours of nine in the evening and six in the morning: Provided that any local authority may, by byelaw, vary these hours either generally or for any specified occupation. (c)

(2) A child under the age of eleven years shall not be employed in street trading.

(3) No child who is employed half-time under the Factory and Workshop Act, 1901, (d) shall be employed in any other occupation.