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employed therein and shall be ventilated in such a manner as to render harmless, so far as is practicable, all the gases, vapors, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein that may be injurious to health.

A factory or workshop in which there is a contravention of this section, shall be deemed not to be kept in conformity with this act.

4. Where it appears to an inspector under this act that any act, neglect, or default in relation to any drain, water closet, privy, ash pit, 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 such act, neglect or default to the sanitary authority in whose district the factory or workshop is situate, and it shall be the duty of the sanitary authority to make such inquiry into the subject of the notice and take such action thereon, as to that authority may seem proper for the purpose of enforcing the law.

An inspector under this act may for the purpose of this section, take with him into a factory or workshop a medical ufficer of health, inspector of nuisances, or other officer of the sanitary authority.

2-Safety. 5. With respect to the fencing of machinery in a factory, the following provisions shall have effect :

(1). Every hoist or teagle near to which any person is liable to pass or be employed, and every Ay-wheel directly connected with the steam or water or other mechanical power, whether in the engine house or not, and every part of a steam engine and water wheel, shall be securely fenced; and

(2). Every wheel race not otherwise secured, shall be securely fenced close to the edge of the wheel-race; and

(3). Every part of the mill gearing* shall either be securely fenced or be in such position or of such construction as to be equally safe to every person employed in the factory, as it would be if it it were securely fenced; and

* See post, sect. 96, and Holmes v. Clarke, 30 L. J., Exc. 135; 31 L. J., Exc. 356.

(4). All fencing shall be constantly maintained in an efficient state while the parts required to be fenced are in motion, or used for the purpose of any manufacturing process.

A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this act.

6. When an inspector considers that in a factory any part of the machinery of any kind moved by steam, water, or other mechanical power, to which the foregoing provisions of this act, with respect to the fencing of machinery do not apply, is not securely fenced, and is so dangerous as to be likely to cause bodily injury to any person employed in the factory, the following provisions shall apply to the fencing of such machinery.

(1). The inspector shall serve on the occupier of the factory a notice requiring him to fence the part of the machinery which the inspector so deems to be dangerous.

(2). The occupier, within seven days after the receipt of the notice, may serve on the inspector a requisition to refer the matter to arbitration; and thereupon the matter shall be referred to arbritation, and two skilled arbritrators shall be appointed, the one by the inspector and the other by the occupier; and the provisions of the Companies' Clause Consolidation Act, 1845, with respect to the settlement of disputes by arbitration shall, subject to the express provisions of this section, apply to the said arbitration, and the arbitrators or their umpire shall give the decision within twentyone days after the last of the arbitrators, or, in the case of the umpire, after the umpire is appointed, or within such further time as the occupier and inspector, by writing, allow; and if the decision is not so given the matter shall be referred to the arbitration of an umpire, to be appointed by the judge of the county court within the jurisdiction of which the factory is situate.

(3). If the arbitrators or their umpire decide that it is unnecessary or impossible to fence the machinery alleged in the notice to be dangerous, the notice shall be cancelled, and the occupier shall not be required to fence in pursuance thereof, and the expenses of the arbitration shall be paid as the expenses of the inspector under this act.

(4). If the occupier does not, within the said seven days, serve on the inspectors a requisition to refer the matter to arbitration or does not appoint an arbitrator within seven days after he served that requisition, or if neither the arbitrators nor the umpire decide that it is unnecessary or impossible to fence the machinery alleged in the notice to be dangerous, the occupier shall securely fence the said machinery in accordance with the notice, or with the award of the arbitrators, or umpire, if it modifies the notice, and the expenses of the arbitration shall be paid by the occupier and shall be recoverable from him by the inspector in the county courts

(5). Where the occupier of a factory fails to comply within a reasonable time with the requirements of this section as to securely fencing the said machinery in accordance with the notice or award, or fails to keep the said machinery securely fenced in accordance therewith, or fails constantly to maintain such fencing in an efficient state while the machinery required to be fenced is in motion for the purpose of any manufacturing process, the factory shall be deemed not to be kept in conformity to this act.

(6). For the purpose of this section and of any provisions of this act relating thereto, “machinery” shall be deemed to include any driving strap or band.

7. Where an inspector considers that in a factory or workshop a vat, pan, or other structure, which is used in the process or handicraft carried on in such factory or workshop, and near to or over which children or young persons are liable to pass or to be employed, is so dangerous, by reason of its being filled by hot liquor or molten metal or otherwise, as to be likely to be a cause of bodily injury to any child or young person employed in the factory or workshop, he shall serve on the occupier of the factory or workshop a notice requiring him to fence such vat, pan, or other structure.

The provisions of this act with respect to the fencing of machinery which an inspector considers not to be securely fenced and to be dangerous shall apply in like manner as if they were re-enacted in this section, with the substitution of the vat, pan, or other structure, for machinery, and with the addition of workshop, and if the occupier of a factory or workshop fails constantly to maintain the fencing required under this section in an efficient state, while such vat, pan, or other structure is so filled or otherwise dangerous as aforesaid, the factory or workshops shall be deemed not to be kept in conformity with this act.

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8. Where an inspector observes in a factory that any grindstone, worked by steam, water, or other mechanical power is in itself so faulty, or is fixed in so faulty a manner as to be likely to cause bodily injury to the grinder using the same, he shall serve on the occupier of the factory a notice requiring him to replace such faulty grindstone, or to properly fix the grindstone fixed in the faulty manner.

The provisions of this act with respect to the fencing of machin. ery which an inspector considers not to be securely fenced and to be dangerous, shall apply in like manner as if they were re-enacted in this section with the necessary modifications.

Where the occupier of a factory fails to keep the grindstone mentioned in the notice or award, in such a state and fixed in such a manner as not to be dangerous, the factory shall be deemed not to be kept in conformity with this act.

9. A child shall not be allowed to clean any part of the machinery of a factory while the same is in motion by the aid of steam, water or other mechanical power.

A young person or woman shall not be allowed to clean such part of the machinery in a factory as mill-gearing, while the same is in motion for the purpose of propelling any part of the manufacturing machinery.

A child, young person, or woman shall not be allowed to work 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.

A child, young person or woman allowed to clean or to work in contravention of this section, shall be deemed to be employed contrary to the provisions of this act.

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10. A child, young person, or woman shall not be employed in a factory or a workshop, except during the period of employment hereinafter mentioned.

11. With respect to the employment of young persons and women in a textile factory the following regulations shall be observed :

(1). The period of employment, except on Saturday, shall either begin at six o'clock in the morning and end at six o'clock in the evening, or begin at seven o'clock in the morning and end at seven o'clock in the evening; and

(2). The period of employment on Saturday shall begin either at six o'clock or seven o'clock in the morning; and

(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 one o'clock in the afternoon as regards employment in any manu. facturing process, and at half-past one o'clock in the afternoon as regards employment for any purpose whatever; and

(6). If less than one hour is allowed for meals,shall end at half an hour after noon as regards employment in any manufacturing process, and at one o'clock in the afternoon as regards employment for any purpose whatever; and

(4). Where the period of employment on Saturday begins at seven o'clock in the morning, that period shall end at half-past one in the afternoon as regards any manufacturing process, and at two o'clock in the afternoon as regards employment for any purpose whatever ; and

(5). There shall be allowed for meals during the said period of employment in the factory

(a). On every day except Saturday not less than two hours, of which one hour at the least, either at the same time or at different times, shall be before three o'clock in the afternoon; and

(6). On Saturday not less than half an hour; and (6). A young person or woman shall not be employed continuously for more than four hours and a half without an interval of at least half an hour for a meal.

12. With respect to the employment of children in a textile fact tory, the following regulations shall be observed :

(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; and

(2). The period of employment for a child in a morning set shall, except on Saturday, begin at the same hour as if the child were a young person, and end at one o'clock in the afternoon; or if the

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