appointment of arbitrators, of umpire, and of award hereinafter provided may be used and shall be sufficient. 8. The award of the arbitrators or umpire (as the case may be) shall be made within one month next after the appointment of the second arbitrator by the inspector, unless the time for making the award be extended by the Minister; and if the award be not made within the said period of one month or the period of extension (if any), then the not making and publishing the award within the time so limited shall be conclusive of the fact that, in the terms of Sub-section (d) of §59, "Neither the arbitrators nor the umpire have decided that it is unnecessary or impossible to fence the machinery or vats, etc., or to replace or properly fix grindstones alleged in the notice to dangerous. 9 & 10. (Forms for appointment of arbitrator.) II. (Form for appointment of umpire.) 12. (Form of award.) 13. The above regulations and forms as to arbitrations are to be applied with the necessary modification to the case of arbitrations in the matter of notices to fence vats, pans, or other structures under §60, and also as to the matter of notices under §61 to replace faulty grindstones worked by steam, water, or other mechanical power, or to properly fix such grindstones when fixed in a faulty manner. 14. (Fees and expenses of arbitration and umpire.) CHAPTER IV.-Relating to the Granting of Certificates to Engine Drivers and Boiler Attendants. I. (Examinations.) 2, 3 & 4. (Preliminary requirements.) 5. (Fees.) 6-11. (Certificate of competency to take charge of engines.) 12-15. (Certificates of service to take charge of engines.) 16. (Certificates of competency to boiler attendants.) 17. (Certificates of service to boiler attendants.) 18-20. (Disqualification of holder of certificate.) 21-5. (Miscellaneous.) CHAPTER V.-Limiting the Total Number of Hours in the Week during which certain Carters and Carriers may be employed, and for providing a Weekly Half-holiday for certain Carters and Carriers in the Metropolitan District. 1. Except as hereinafter provided no person shall be employed in the Metropolitan District for wages as a carrier or carter in carrying or delivering any goods, wares, merchandise, or materials whatsoever to or from a factory or workroom or shop, or in assisting any such carter or carrier, for more than sixty hours, excluding meal times, in any week. 2. Any such person may, with the written consent of the Chief Inspector, be employed as a carrier or carter, as described in the next preceding clause for any time not exceeding seventy hours in any week, provided that the total number of weeks in any one year in which any employer may apply for such permission shall not exceed six weeks. 3. Every employer of a person other than a baker's carrier or carter employed in the Metropolitan District for wages as a carrier or carter in carrying or delivering any goods, wares, merchandise, or materials whatsoever to or from a factory or workroom or shop, or in assisting any such carrier or carter, shall permit such person to have and take a half-holiday either from midnight till two o'clock in the afternoon next following on some day other than Sunday in each and every week, or from two o'clock in the afternoon on some day other than Sunday in each and every week. CHAPTER VI.-Limiting the total Number of Hours in the Week during which Persons may be Employed, and for providing a Weekly Half-holiday for Persons in certain Shops, and for Waitresses, Waiters and Billiard Markers. I. (a) Except as hereinafter provided, no person shall be employed in any shop of the classes included in the Fourth Schedule to the Factories and Shops Act, 1905, for more than sixty hours, excluding meal times, in any one week. (b) Except as hereinafter provided, no cook, and no cook's assistant, billiard marker, waiter, or waitress employed in a restaurant, coffee palace, hotel, eating-house, fish shop or oyster shop, or any premises for which a Colonial wine licence or billiard table licence is in force, or which are occupied as a club, shall be employed in any such place for more than sixty hours, excluding meal times, in any one week. 2. Any of the persons specified in the preceding clause may, with the written consent of the Chief Inspector, be employed in any shop or place mentioned in such clause for any time not exceeding seventy hours in any one week, provided that the total number of weeks in any one year in which in any such shop or place any such person is so employed shall not exceed six. 3. Every occupier of a shop of any of the classes included in the Fourth Schedule to the Factories and Shops Act, 1905, shall permit each and every person whomsoever employed for hire or reward in any such shop, or at any work in connection with such shop, to have and take a half-holiday from the hour of two o'clock in the afternoon on some Monday, Tuesday, Wednesday, Thursday, Friday or Saturday in each and every week. 4. Every keeper, proprietor, occupier, manager, or secretary, as the case may be, of a restaurant, coffee palace, hotel, eating-house, fish shop or oyster shop, or any premises for which a Colonial wine licence or billiard table licence is in force, or which are occupied as a club, shall permit each and every cook, and cook's assistant, billiard marker, waiter, or waitress employed on the premises of which he is such keeper, proprietor, or occupier, or manager, or secretary, as the case may be, to have and take a half-holiday from the hour of two o'clock in the afternoon on some Monday, Tuesday, Wednesday, Thursday, Friday or Saturday in each and every week. CHAPTER VII.-Of the various Forms to be kept in a Factory or Workroom or forwarded to the Chief Inspector of Factories. 1. (Form of application to register.) 2. (Record of work done inside a factory or workroom to be made in every factory or workroom.) 3. (Record of work done outside a factory or workroom.) 4. (Record of fines imposed.) (Abstracts of the Factories and Shops Acts to be posted in factories and workrooms.) 5. CHAPTER VIII. Of the Washing and Cleaning of the Floors and Windows, Privies and Urinals, of Factories and Workrooms. CHAPTER IX.-Stamping of Furniture. CHAPTER X.-Mode of Appealing to the Court of Industrial Appeals. 1. Every appeal under the provisions of §123 of the Factories and Shops Act, 1905, against the determination of a Special Board shall be instituted by the person entitled to appeal and desiring so to do, forwarding to the Minister of Labour a notice, in writing, containing the prescribed particulars of such desire. 2. The notice of appeal shall state the character in which the appellant claims to appear as such, and when the appeal is by a single employer or group of employers employing not less than 25 per centum of the total number of workers shall set out particulars of the numbers of workers employed by each appellant. The notice shall be written in legible characters, and shall clearly and distinctly set forth or otherwise identify separately the item or items in the determination against which appellant is appealing, and his grounds of objection to such item or items. 3. The notice of appeal shall be signed in a legible manner by each appellant, and the full address and occupation of each appellant shall be given opposite each signature. 4. Such notice shall name some address for service, not more than 5 miles from the General Post Office, where notices, orders, summonses, documents and written communications may be left for the appellant or appellants, and all notices, orders, summonses, documents and written communications served or left at such address shall constitute effective service on the appellant or appellants, if there be more than one. 5. Two copies of the notice of appeal shall be forwarded with the original, but in such copies it shall not be necessary to give more than five of the appellants' names and addresses. 6. The Chief Inspector of Factories, Workrooms and Shops, and the Registrar of the Court of Industrial Appeals may allow any employer or employee in the trade affected by a determination against which an appeal has been lodged to make a copy of the notice of appeal for the purpose of entering an appearance against such appeal. 7. Any employer or employee in the trade affected by the determination which is the subject of an appeal who desires to be heard by the Court against such appeal, shall, seven days at least before the hearing, notify the Registrar of the Court of Industrial Appeals of such desire, and shall give his full name, his occupation, and address in such notification. 8. The Chief Inspector of Factories, Workrooms and Shops shall attach to such notice of appeal a list containing the names and addresses of the members of the Special Board the Determination of which is the subject of appeal, and also, when necessary, a certificate giving the number of persons employed in the trade affected by such employer or group of employers, and also the total number of persons employed in such trade as indicated in Appendix A of the Chief Inspector's last annual report issued prior to such appeal, or in the case of appeal by the workers in any trade, a certificate giving the number of persons employed in such trade as indicated in Appendix A of the Chief Inspector's last annual report. 9. Non-compliance with these regulations shall not prevent the hearing of an appeal or of opposition thereto unless the Court so orders. CHAPTER XI.-Miscellaneous. I. (Oath of secrecy.) 2. (Fee for suspension of Factories and Shops Acts.) 3. (Payment of registration fees.) 4. (Certificate of registration.) 5. (Notice to occupiers of factories or workrooms of breach of provisions of Factories and Shops Acts.) CHAPTER XII.-Choice of Half-holiday by Shopkeeper. 4. Regulations made under §12 of the Factories and Shops Act, 1905, No. 1975. February 19th, 1908. (Victoria "Government Gazette," 19th February, 1906, No. 25, 4th Suppl.) V. Luxemburg 1. Grossh. Beschluss vom 28. Juli 1906, wodurch das am 27. Juni 1906 zwischen dem Grossherzogtum und Frankreich unterzeichnete Abkommen über die Entschädigung von Betriebsunfällen genehmigt und veröffentlicht wird; ("Memorial" 1906 Nr. 69.) Grand-Ducal resolution, dated 28th July, 1906, to ratify and promulgate the agreement relating to compensation for industrial accidents, concluded between the Grand-Duchy and France on the 27th June, 1906. I. The said agreement* is ratified, and shall be published in the Memorial," so as to come into force on the 15th December, 1906. 2. Our Minister of State, President of the Government, is charged with the execution of this resolution. 2. Gesetz vom 7. August 1906, wodurch das Gesetz vom 12. Juli 1895 betr. die Auszahlung der Arbeiterlöhne abgeändert wird. ("Memorial Nr. 55, 11. September 1906, S. 897.) Act, dated 7th August, 1906, to amend the Act of 12th July, 1895, regulating the payment of wages.† I. §2 of the Act of 12th July, 1895, regulating the payment of wages shall be replaced by the following: "Notwithstanding, an employer may deduct from his workmen's wages the cost price of : (1) Necessary tools or instruments and repair of the same; (2) Necessary substances or materials, which the workmen are required by custom or agreement to furnish." 2. §II of the same Act of the 12th July, 1895, shall be replaced by the following: "The provisions of this Act shall not apply to agricultural labourers, nor to domestic servants." 3. Grossh. Beschluss vom 1. Januar 1907, wodurch der am 22. Mai 1906 zu Brüssel unterzeichnete Zusatzvertrag zu dem Vertrage vom 15. April 1905 zwischen dem Grossherzogtum und Belgien, über die Entschädigung von Betriebsunfällen, genehmigt und veröffentlicht wird. 3. Grand-Ducal resolution, dated 1st January, 1907, to ratify and promulgate the Supplementary Treaty signed at Brussels on the 22nd May, 1906, supplementing the Treaty relating to compensation for industrial accidents, concluded on the 15th April, 1906, between the Grand-Duchy and Belgium. I. The said supplementary Treaty is ratified and shall be published in the "Memorial." 2. Our Minister of State, the President of the Government, is charged with the execution of this resolution. 4. Gesetz, betr. das am 26 September 1906 zu Bern unterzeichnete internationale Uebereinkommen über das Verbot der Nachtarbeit der in der Industrie beschäftigten Frauen. Vom 3. August 1907. ("Memorial " Nr. 42, 10. Aug. 1907, S. 515.) 4. Act relating to the International Convention respecting the prohibition of the night work of women in industrial occupations, signed at Berne on the 26th September, 1906. Dated 3rd August, 1907.* 1. The Government is empowered to ratify and promulgate the International Convention relating to the prohibition of the night work of women in industrial occupations, concluded at Berne on the 26th September, 1906, in order that the same may have the force of law in the Grand-Duchy. The Government is further empowered to accept amendments to the said Convention, if necessary and in agreement with the High Contracting Parties, or to withdraw from the obligations resulting from adhesion to the Convention, in the manner prescribed in Article II. Occupiers of industrial undertakings who wish to make use of the exemptions allowed under Articles 3 and 4 of the Convention must notify the Inspector of Industry in advance, and, at the same time, forward a statement of the number of women employed, the period of their employment, and the nature of the processes to be carried out. A copy of the said statement shall be affixed in the workrooms, in a place where it can be seen. 3. Occupiers of industrial undertakings, or their overseers, who employ women contrary to the terms of the Convention, or who act contrary to §2 above, shall be punishable in pursuance of §5 of the Act of 6th December, 1876, regulating the work of children and women. 5. Gesetz, betr. das am 26. September 1906 zu Bern unterzeichnete internationale Uebereinkommen über das Verbot der Verwendung weissen (gelben) Phosphors in der Zundholzindustrie. Vom 3. August, 1907. ("Memorial" Nr. 42, 10. Aug., 1907, S. 516.) 5. Act relating to the International Convention respecting the prohibition of the use of white (yellow) phosphorus in the manufacture of matches. Dated 3rd August, 1907.† Sole Section. The Government is empowered to ratify and promulgate the International Convention respecting the prohibition of the use of white (yellow) phosphorus in the manufacture of matches, concluded at Berne on the 26th September, 1906. The Government is further empowered to accept amendments to the said Convention, if necessary and in agreement with the High Contracting Parties, or to withdraw from the obligations resulting from adhesion to the Convention, in the manner prescribed in Article 6. 6. Gesetz, betr. Phosphorzündwaren. Vom 3 August, 1907. (" Memorial," No. 42, 10th August, 1907, S. 516.) 6. Act relating to the manufacture of phosphorus matches. Dated 3rd August, 1907. I. No white or yellow phosphorus shall be used in the manufacture of matches of any kind. Matches containing white or yellow phosphorus shall not be offered for sale, sold or circulated in any way whatsoever. Matches of the kind described above shall not be imported into the territory of the Grand-Duchy for industrial or commercial purposes. These provisions shall not apply to apparatus (Zündbänder) used for lighting miners' safety lamps. *See Introduction, p. V. BULLETIN. 8 |