PART I.

GENERAL LAW RELATING TO FACTORIES AND WORKSHOPS.

(1.) Sanitary provisions.

3. Every factory and every workshop shall be kept in a cleanly state and free from effluvia arising from any drain, privy, or other nuisance.

A factory or workshop shall not be so overcrowded while work is carried on therein as to be injurious to the health of those employed therein, and shall be ventilated in such a manner as to render harmless, so far as is practicable, all 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, watercloset, earthcloset, privy, ashpit, water-supply, nuisance, or other matter in any 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 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 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 children or young persons are liable to pass or to be employed, and every fly-wheel directly connected with the steam or water or other mechanical power, whether in the engine-house or not, and every part of a steam-engine and water-wheel, 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 were securely fenced; and

(4.) All fencing shall be constantly maintained in an efficient state while the parts required to be fenced are in motion by the action of steam, water, or other mechanical power for 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. Where 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, he shall serve on the occupier of the factory a notice requiring him to fence the part of the machinery which he so deems to be dangerous. The occupier, within fourteen days after the receipt of the notice, may serve on the inspector a requisition requiring the matter to be referred to arbitration, and thereupon the matter shall be referred to arbitration, and two skilled arbitrators shall be appointed, the one by the inspector and the other by the occupier, and the provisions of the companies clauses consolidation act, 1845, with respect to the settlement of disputes by arbitration, shall, subject to the express provisions of this section, apply to the said arbitration.

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 canceled, 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 inspectors under this

act.

If the occupier does not appoint an arbitrator within fourteen days after he served on the inspector the requisition requiring the matter to be referred to arbitration, 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 as required by the notice, or by the award of the arbitrators or umpire if it modifies the notice, and the expenses of the arbitration

shall be paid by the occupier of the factory, and shall be recoverable from him by the inspector in the county court.

Where the occupier of a factory fails to comply within a reasonable time with a notice or award under this section, or fails to keep the machinery mentioned in such notice or award securely fenced as thereby required, the factory shall be deemed not to be kept in conformity with this act.

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

7. 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, such inspector 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, and the provisions of this act with respect to the notice requiring dangerous machinery to be fenced and arbitration thereon 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 comply within a reasonable time with a notice or award under this section, or fails to keep the grindstone mentioned in such notice or award in such a state and fixed in such manner as not to be dangerous, the factory shall be deemed not to be kept in conformity with this act.

8. A child shall not be allowed to clean any part of the machinery in a factory while the same is in motion.

A child, young person, or woman shall not be allowed

(1.) to clean any part of the mill-gearing in a factory while the same is in motion for the purpose of propelling any part of the manufacturing machinery; nor (2.) 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 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.

power.

(3.) Employment and meal hours.

9. A child, young person, or woman shall not be employed in a factory or a workshop, except during the period of employment fixed by the occupier in pursuance of this act and specified in the notice affixed in the factory or workshop.

10. 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 be a period of twelve consecutive hours, inclusive of meal hours, and either shall begin at six o'clock in the morning and end at six o'clock in the evening, or shall begin at seren o'clock in the morning and end at seven o'clock in the evening; and

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

(3.) Where the period of employment on Saturday begins at six o'clock in the morning, such period

(a.) If not less than one hour is allowed for meals, shall end at one o'clock in the afternoon as regards employment in any manufacturing process, and at half past one o'clock in the afternoon as regards employment for any purpose whatever; and

(b.) If less than one hour is allowed for meals, shall end at 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 what ever; and

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

(5.) There shall be allowed for meals during the period of employment for young persons and women 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

(b.) 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. 11. With respect to the employment of children in a textile factory, 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;

(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 dinner time begins before one o'clock, at the beginning of dinner time; and

(3.) The period of employment for a child in an afternoon set shall, except on Saturday, begin at one o'clock in the afternoon, or any later hour at which the dinner time terminates, and end at the same hour as if the child were a young person; and (4.) The period of employment for a child in a morning or afternoon set on Saturday shall begin and end at the same hour as if the child were a young person; and (5.) A child, whether employed in a morning or afternoon set, shall not be employed on Saturday in two successive weeks, nor on Saturday in any week, if on any other day in the same week he has been employed for more than five hours; and (6.) When a child is employed on the alternate day system, the period of employment for such child and the time allowed for meals shall be the same as if the child were a young person, but the child shall not be employed on two successive days, and shall not be employed on the same day of the week in two successive weeks; and

(7.) A child shall not be employed continuously for any longer period than he could be if he were a young person without an interval of at least half an hour for a meal. 12. With respect to the employment of young persons and women in a non-textile factory, and of young persons in a workshop, the following regulations shall be observed:

(1.) The period of employment, except on Saturday, shall (save as is in this act specially excepted) be a period of twelve consecutive hours, inclusive of meal hours, and either shall begin at six o'clock in the morning and end at six o'clock in the evening, or shall 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 (save as is in this act specially excepted) begin at six o'clock in the morning or at seven o'clock in the morning, and end at two o'clock in the afternoon; and

(3.) There shall be allowed for meals during the 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; and

(4.) A young person or a woman in a non-textile factory and a young person in a workshop shall not be employed continuously for more than five hours without an interval of at least half an hour for a meal.

13. With respect to the employment of children in a non-textile factory and a workshop, the following regulations shall be observed:

(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 the actual hours of work of young persons and women, exclusive of meal hours, are restricted to ten hours a day, on the system of employment on alternate days only; and

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

(3.) The period of employment for a child in an afternoon set on every day, including Saturday, shall begin at one o'clock in the afternoon, or at any later hour at which the dinner time terminates, and end at the same hour as if the child were a young person; and

(4.) A child shall not be employed in two successive weeks in a morning set, or in two successive weeks in an afternoon set; and

(5.) 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 in any manner on two successive days, and shall not be employed on the same day of the week in two successive weeks; and

(6.) A child shall not be employed continuously for any longer period than he could be if he were a young person without an interval of at least half an hour for a meal.

14. In a workshop in which a young person or a child is employed a woman shall not be employed except during the same period and subject to the same restrictions as if she were a young person; and the regulations of this act with respect to the em

ployment of young persons in a workshop shall apply accordingly to the employment of women in that workshop.

In a workshop in which no young person or child is employed

(1.) The period of employment for a woman shall, except on Saturday, be a period not exceeding twelve hours, inclusive of meal hours, between six o'clock in the morning and nine o'clock in the evening, and shall on Saturday be the period between six o'clock in the morning and two o'clock in the afternoon; and (2.) There shall be allowed to a woman for meals during the period of employment on any day except Saturday not less than one hour and a half, and on Saturday half an hour. 15. In a workshop which is a dwelling-house and in which the family only of the occupier living in that dwelling-house are employed, the foregoing regulations of this act with respect to the employment of women young persons and children shall not apply, and in lieu thereof the following regulations shall be observed:

(1.) A child, young person, or woman shall not be employed in the workshop except during the period of employment fixed by the occupier in accordance with this section; (2.) The period of employment for young persons and women shall, except on Saturday, be a period not exceeding twelve hours, inclusive of meal hours, between six o'clock in the morning and nine o'clock in the evening, and shall on Saturday be the period between six o'clock in the morning and two o'clock in the afternoon; and (3.) There shall be allowed to every woman and young person for meals during the period of employment on any day except Saturday not less than one hour and a half, and on Saturday half an hour; and

(4.) The period of employment for a child shall be a period not exceeding six hours and a half between six o'clock in the morning and one o'clock in the afternoon, or between noon and the hour of eight in the evening, or (on Saturday) of two in the afternoon, 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

(5.) A child shall not be employed continuously for more than five hours without an interval of at least half an hour for a meal.

16. With respect to meals the following regulations shall (save as is in this act specially excepted) be observed in every factory and workshop:

(1.) All children young persons and women employed therein shall have the time allowed for meals at the same time in the day; and

(2.) A child young person or woman shall not during any part of the time allowed for meals in the factory or workshop, be employed in the factory or the workshop, or be allowed to remain in a room in which a manufacturing process or handicraft is being carried on.

17. The occupier of a factory or workshop may from time to time fix within the limits allowed by this act, and shall (save as is in this act specially excepted) specify in a notice affixed in the factory or workshop, 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.

The period of employment and the times allowed for meals in the factory or workshop shall be deemed to be the period and times specified in the notice affixed in the factory or workshop, and all the children in the factory or workshop shall be employed either on the system of morning and afternoon sets or on the system of alternate days according to the system for the time being specified in such notice;

Provided that a change in the period of employment and in the times allowed for meals, or in the system of employment of the children shall not be made, until after the occupier has served on an inspector and affixed in the factory or workshop notice of his intention to make such change, and shall not be made oftener than once a quarter, unless for special cause allowed in writing by an inspector.

18. A child under the age of ten years shall not be employed in a factory or a workshop.

19. A childyoung person or woman shall not (save as is in this act specially excepted) be employed on Sunday in a factory or workshop.

(4.) Holidays.

20. The occupier of every factory and workshop shall allow to every child young person and woman employed therein the following holidays; that is to say,

(1.) The whole of Christmas Day, and either the whole of Good Friday, or, if it is

so specified by the occupier in the notice affixed in the factory or workshop, of the next public holiday under the holidays extension act, 1875; and in addition

(2.) Eight half holidays in every year, but a whole holiday may be allowed in lieu of any two such half holidays; and

(3.) At least half of the said half holidays or whole holidays shall be allowed between the fifteenth day of March and the first day of October in every year; and (4.) Cessation from work shall not be deemed to be a half holiday or whole holiday, unless a notice of the half holiday or holiday has been affixed in the factory or workshop for at least the whole period of employment on the last previous work day; and (5.) A half holiday shall comprise at least one half of the period of employment for young persons and women some day other than Saturday.

A child, young person, or woman who

(1.) on a whole holiday fixed by or in pursuance of this section for a factory or workshop, is employed in the factory or workshop; or

(2.) on a half holiday fixed in pursuance of this section for a factory or workshop, is employed in the factory or workshop during the portion of the period of employment assigned for such half holiday

shall be deemed to be employed contrary to the provisions of this act.

(5.) Education of children.

21. The parent of a child employed in a factory or in a workshop shall cause that child to attend some certified efficient school (which school may be selected by such parent) as follows:

(1.) The child, when employed in a morning or afternoon set, shall on each work day of every week, during any part of which he is so employed, be caused to attend for at least one attendance (as defined for the time being by a secretary of state with the consent of the education department), between the hours of eight in the morning and six in the evening; and

(2.) The child, when employed on the alternate day system, shall be caused to attend school for at least two attendances (as defined for the time being by a secretary of state with the consent of the education department), between the hours of eight in the morning and six in the evening on each work day preceding each day of employment in the factory or workshop:

Provided that

(1.) A child shall not be required by this act to attend school on Saturday or on any holiday or half holiday allowed by or in pursuance of this act in the factory or workshop in which the child is employed; and

(2.) The non-attendance of the 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, also when the school is closed during the ordinary holidays or for any other temporary cause; and

(3.) Where there is not within the distance of two miles, measured according to the nearest road, from the factory or workshop in which the child is employed or from the residence of the child a certified efficient school which the child can attend, attendance at a school temporarily approved in writing by an inspector under this act, although not a certified efficient school, shall for the purposes of this act be deemed attendance at a certified efficient school until such certified efficient school as aforesaid is established, and with a view to such establishment the inspector shall immediately report to the education department every case of the approval of a school by him under this section. A child who has not in any week attended school for all the attendances required by this section shall not be employed in the following week, until he has attended school for the deficient number of attendances.

The education department shall from time to time by the publication of lists or by notices, or otherwise as they think expedient, provide for giving to all persons interested information of the schools in each school district which are certified efficient schools.

22. The occupier of every factory or worshop in which a child is employed shall on Monday in every week after the first week in which such child began to work therein, or on some other day appointed for that purpose by an inspector, obtain from the teacher of the certified efficient school attended by the child, a certificate (according to the prescribed form and directions) respecting the attendance of such child at school in accordance with this act.

The employment of a child without obtaining such certificate as is required by this section shall be deemed to be employment of a child contrary to the provisions of this act.

The occupier shall keep every such certificate for two months after the date thereof if the child so long continues to be employed in his factory or his workshop, and shall produce the same to an inspector when required during that period.

23. The principal teacher of a certified efficient school attended by a child emH. Ex. 5-24