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Ryder v. Mills 19, 52, 53, 56, 61, 99, 100, 101, 102

Schofield v. Shunk

46

THE FACTORY ACTS,

&c. &c. &c.

The Factory Health and Morals Act, 1802.

42 GEO. 3, c. 73.

An Act for the Preservation of the Health and Morals of Apprentices and others, employed in Cotton and other Mills, and Cotton and other Factories (a).

[22nd June, 1802.]

WHEREAS it hath of late become a practice in cotton and woollen mills, and in cotton and woollen factories, to employ a great number of male and female apprentices, and other persons, in the same building; in consequence of which, certain regulations are become necessary to preserve the health and morals of such apprentices and other persons. Be it therefore enacted,

1. Mills and factories employing a certain number of persons subject to the regulations of this Act.] That, from and after the 2nd of December, 1802, all such mills and factories within Great Britain and Ireland, wherein 3 or more apprentices, or 20 or more other persons, shall at any time be employed, shall be subject to the several rules and regulations contained in this Act. And the master or mistress of every such mill or factory is

(a) The now repealed Act, 1 & 2 W. 4, c. 39, repealed all the then Factory Acts, except this one, 42 G. 3, c. 73.

It may be well to notice that this statute applies to all cotton and woollen mills and factories; whereas the 3 & 4 W. 4, c. 103, post, p. 9, and the 7 & 8 Vict. c. 15, post, p. 33, extend to those mills and factories only where steam, water, or other mechanical power is used to work the machinery Though the above statute 42 G. 3, c. 72, is still unrepealed, some of its regulations,

applicable to apprentices, being still in force, yet it is for the most part practically superseded by the provisions contained in the statutes of this volume.

Print Works are governed by Acts of parliament having special reference to them. See the Print Works Regulation Acts, 8 & 9 Vict. c. 29, and 10 & 11 Vict. c. 70.

The Ropework Exemption Act, 9 & 10 Vict. c. 40, post, p. 97, does not exempt rope works from the operation of this Act.

B

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hereby strictly enjoined and required to pay due attention to, and act in strict conformity to the said rules and regulations (a). 2. The rooms shall be washed with quicklime and water twice a year, and care_shall be taken to admit fresh air.] And be it enacted, That all and every the rooms and apartments in or belonging to any such mill or factory shall, twice at least in every year, be well and sufficiently washed (b) with quicklime and water over every part of the walls and ceiling thereof (c). And that due care and attention shall be paid by the master or mistress of such mills or factories, to provide a sufficient number of windows and openings in such rooms or apartments, to insure a proper supply of fresh air in and through the same (c).

3. Apprentices shall be supplied with two complete suits of clothing, &c., and a suit shall be delivered yearly.] And be it further enacted, That every such master or mistress shall constantly supply every apprentice, during the term of his or her apprenticeship, with two whole and complete suits of clothing, with suitable linen, stockings, hats, and shoes; one new complete suit being delivered to such apprentice once at least in every year (d).

4. Time of working not to exceed 12 hours. No apprentices to be compelled to work between 9, p.w., and 6, a.m.] And be it further enacted, That no apprentice that now is or hereafter shall be bound to any such master or mistress, shall be employed or compelled to work for more than 12 hours in any one day (e), (reckoning from 6 o'clock, a.m., to 9 o'clock at night), exclusive of the time that may be occupied by such apprentice in eating the necessary meals:

Provided always, that, from and after the 1st of June, 1803, no apprentice shall be employed or compelled to work upon any occasion whatever, between the hours of 9 o'clock at night and 6 o'clock in the morning (ƒ).

(a) For the penalties on masters offending against this Act, see sect. 13, post, p. 6, and for the mode of recovering such penalties see sect. 15, post, P. 7.

(b) The subsequent statute 3 & 4 W. 4, c. 103, s. 28, post, p. 21, requires this to take place once only in every year. The 7 & 8 Vict. c. 15, s. 18, post, p. 43, does not require the lime-washing of the mill or factory more frequently than once within every period of 14 months. No alteration having been made in reference to the ventilation, this important part of the enactment is therefore still in force.

Prosecutions have of late been successfully instituted for a breach of this

provision, and heavy fines and costs in-
flicted.

(c) Certain humane directions have
been issued by the inspectors as to age
and dress of the persons to be engaged in
these employments; and also as to the
times when such lime-washings, &c.,
should take place. See 7 & 8 Vict. c. 15,
s. 21, n. (s), post, p. 44.

(d) The meaning of this clause is somewhat obscure; it appears to be intended that the apprentice shall constantly during the term have from his master two suits of clothing, one of which is to be renewed every year.

(e) See stat. 3 & 4 W. 4, c. 103, s. 2, post, p. 10.

(f) See the provisions in the subse

5. In mills or factories wherein a certain number of spindles are used, apprentices may be employed in the night till certain periods. This clause provided for the working until certain periods which have long since elapsed.

6. Apprentices to be instructed every working day for the first four years of his apprenticeship in reading, writing, and arithmetic.] And be it further enacted, That every such apprentice shall be instructed (a) in some part of every working day (b) for the first four years at least of his or her apprenticeship, which shall next ensue from and after the 2nd of December, 1802, if he or she is an apprentice on the said 2nd of December, 1802, and for the first four years at least of his or her apprenticeship, if his or her apprenticeship commences at any time after the said 2nd of December, 1802, in the usual hours of work, in reading, writing, and arithmetic, or either of them, according to the age and abilities of such apprentice, by some discreet and proper person, to be provided and paid by the master or mistress of such apprentice, in some room or place in such mill or factory to be set apart for that purpose. And that the time hereby directed to

be allotted for such instruction as aforesaid, shall be deemed and taken on all occasions as part of the respective periods limited by this Act during which any such apprentice shall be employed or compelled to work (c).

7. Apartments of male and female apprentices to be kept distinct, and two only shall sleep in one bed.] And be it further enacted, That the room or apartment in which any male apprentice shall sleep, shall be entirely separate and distinct from the room or apartment in which any female apprentice shall sleep; and that not more than two apprentices shall in any case sleep in the same bed.

8. Regulations to be observed for the instruction of apprentices on Sundays.] And be it further enacted (d), That every

quent statutes relative to the hours of working of children and young persons.

In factories, within stat. 3 & 4 W. 4, c. 103, s. 1, n. (b), post, p. 9, no person under 18 years of age shall be allowed to work in the night, that is, between half-past 8, p.m., and half-past 5, a.m., except as therein provided.

(a) See hereafter for provisions for the education of children in these factories under the age of 13, in 3 & 4 W.4, c. 103, ss. 20, 21, and 23, and the 7 & 8 Vict. c. 15, ss. 31, 38, 39.

(b) This was too vague to be effectual. (c) See stat. 7 & 8 Vict. c. 15, s. 38, et seq., post, p.

(d) These provisions for the religious instruction of apprentices are still in force; they provide as follows:

1st. That every apprentice shall, for at least one hour every Sunday, be instructed in the principles of the Christian religion.

2nd. That in England and Wales the children of members of the Church of England shall, once in every year, be examined by the rector, &c., of the parish, and, between the ages of 14 and 18, be instructed and prepared for confirmation, and confirmed.

3rd. That in Scotland the children of members of the Established Church shall, once in every year, be examined by the minister of the parish, and, between the ages of 14 and 18, shall be carried to church to receive the sacrament of the Lord's Supper, as administered in Scotland.

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