(2) If in any institution to which this section applies the persons having the control of the institution (hereinafter referred to as the managers) satisfy the Secretary of State that the only persons working therein are persons who are inmates of and supported by the institution, or persons engaged in the supervision of the work or the management of machinery, and that such work as aforesaid is carried on in good faith for the purposes of the support, education, training, or reformation of persons engaged in it, the Secretary of State may by order direct that so long as the order is in force the principal Act shall apply to the institution subject to the following modifications:(a) The managers may submit for the approval of the Secretary of State a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the workers, and of the education of children, and, if the Secretary of State is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of the principal Act, the Secretary of State may approve the scheme, and upon the scheme being so approved the principal Act shall, until the approval is revoked, apply as if the provisions of the scheme were substituted for the corresponding provisions of the principal Act; any scheme when so approved shall be laid as soon as possible before both Houses of Parliament, and if either House, within the next forty days after such scheme has been laid before that House, resolve that the scheme ought to be annulled, the scheme shall, after the date of the resolution, be of no effect without prejudice to the validity of anything done in the meantime thereunder, or to the making of any new scheme; (b) The medical officer of the institution (if any) may, on the application of the managers, be appointed by the chief inspector of factories to be the certifying surgeon (e) for the institution; (c) The provisions of section one hundred and twenty-eight of the principal Act (f) as to the affixing of an abstract of the principal Act and of notices shall not apply, but amongst the particulars required to be shown in the general register (g) there shall be included the prescribed particulars of the scheme, or where no scheme is in force the prescribed particulars as to hours of employment, intervals for meals, and holidays, and education of children, and other matters dealt with in the principal Act; (d) In the case of premises forming part of an institution carried on for reformatory purposes, if the managers of the institution so give notice to the chief inspector of factories, an inspector shall not, without the consent of the managers or of the person having charge of the institution under the managers, examine an inmate of the institution save in the presence of one of the managers or of such person as aforesaid : Provided that the Secretary of State, on being satisfied that there is reason to believe that a contravention of the principal Act is taking place in any such institution, may suspend the operation of e) See sects. 122-124 of principal t, at p. 528, supra. M. (f) See p. 530, supra. Inspection of certain premises. Short title, construction, commence ment, and repeal. this provision as respects that institution to such extent as he may consider necessary; (e) The managers shall not later than the fifteenth day of January in each year send to the Secretary of State a correct return in the prescribed form, specifying the names of the managers and the name of the person (if any) having charge of the institution under the managers, and such particulars as to the number, age, sex, and employment of the inmates and other persons employed in the work carried on in the institution as the Secretary of State may require, and shall, if any requirement of this paragraph is not complied with, be liable to a fine not exceeding five pounds. SUPPLEMENTAL. 6. Where in any premises which are subject to inspection by or under the authority of any Government department any manual labour is exercised, otherwise than for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of any article, and the premises do not constitute a factory or workshop by reason that the work carried on therein is not carried on by way of trade or for the purposes of gain, or by reason that the persons employed in the work are not working under a contract of service or apprenticeship, the Secretary of State may arrange with the department that the premises shall, as respects the matters dealt with by the principal Act, be inspected by an inspector appointed under that Act, and where such an arrangement is made, inspectors appointed under the principal Act shall have, as respects such matters as aforesaid, the like right of entry and inspection as is conferred on inspectors of the department concerned. 7.—(1) This Act may be cited as the Factory and Workshop Act, 1907, and shall be construed as one with the Factory and Workshop Act, 1901, and the Factory and Workshop Act, 1901, and this Act may be cited together as the Factory and Workshop Acts, 1901 and 1907. (2) This Act shall come into operation on the first day of January one thousand nine hundred and eight. (3) Section one hundred and three of the Factory and Workshop Act, 1901 (), is hereby repealed. (h) See p. 517, supra. under Quarries Act, 1894..433, n. (k). under Factory and Workshop Act, 1901..478, 518–520, 860, 861. under Railway Employment (Prevention of Accidents) Act, 1900..566. annual returns of, in mines and quarries, 383, 398, 432, 859. on railway sidings used with mines and quarries, 860. notice of, to employer- under Employers' Liability Act, 1880..638, 640. under Workmen's Compensation Act, 1906..662. meaning of word (Workmen's Compensation Act, 1906), 654. ACTION by counsel for fees is not maintainable, 57. by medical practitioner for fees, 57, n. (c). on contract of infant, ratified after full age, does not lie, 59. against apprentice on his covenants, does not lie, 62. lies against apprentice for balance of premium, ibid. against infant on beneficial covenant in contract of service, ibid. by or against apprentices, procedure and jurisdiction in, 63, 64. for wages, if payment left to employer's discretion, does not lie, 114. for gratuities, does not lie, 115. for remuneration for work done in expectation of legacy, 116. for recovery of wages pro ratâ, when maintainable, ibid. for extra work or overtime, 117. on entire contract, in part unperformed, does not lie, 120. for wages, master's right of set-off in, 123. See SET-OFF. for wages, under special statutes, 131. for wages, barred after six years, 132. does not lie against Crown or its agents, 140, 224, 262. See CROWN. by apprentice on indentures, plaintiff's absence or habitual dishonesty is by apprentice against master's executors for non-performance of covenants, by servant as to character. See CHARACTER. for wrongful dismissal, measure of damages in, 138, 157, 159, n. (m). for wrongful dismissal, different forms of, 159. for breach of contract to employ, 159. for breach of contract to serve, 161. ACTION-continued. against servant for negligence, 161. by master, when servant's illness is defence to, 182. for wrongful dismissal, question for jury in, 183. for wrongful dismissal, fact unknown to master at time of dismissal is good against third person— for loss of service, by reason of threats, battery, &c., 193, 200. for enticing away servant, 194, 199, 200. for maliciously procuring breach of contract of service, 194. by parent for loss of service, 198. for seduction causing loss of service, ibid. for harbouring servant or apprentice, ibid. for continuing to employ after notice of subsisting contract, ibid. by master for injury causing servant's immediate death, does not lie, 200. for injury to servant, 201. for loss of servant's luggage, 202. bankrupt servant's rights of, when pass to trustee, 210. See BANKRUPTCY. against fellow-servant, for negligence, 227. for negligence of subordinates, against public officers of Government, does not against trade union for tort, does not lie, 579, 606. See TRADE DISPUTES ACT, AGRICULTURAL GANGS ACT, 1867, definitions, 437. restrictions on employment of children, women, and young persons, ibid. licences to gangmaster, 438. recovery of penalties, 439. APPENDIX on possession by servant, 54. on right to dismiss servant, 191. on history of master's civil liability for acts and defaults of servant, 263. on origin of doctrine of common employment, 306. of cases- on distinction between servant and apprentice, 46. on occupation, whether as tenant or not, 47. on partner or not partner, 51. on mutuality, 106. on "clerk or servant" in bankruptcy and winding-up, 133. on yearly or not yearly hiring, 141. on seduction and loss of service, 203. on servant's authority to contract, 220. on master's liability for servant's torts, 267. on common employment, 306. on duties relating to premises, machinery and plant, 309, APPRENTICE liable to moderate chastisement by master, 30. as distinguished from servant, 40, 46. is servant for purposes of Embezzlement Acts, 40, n. (p). cannot make binding contract of service with second master, 58. is prima facie bound by his contract, 59. is not bound, if contract disadvantageous, ibid. cannot be sued on covenants in indentures, 62. custom of London regarding, 62, 214. negative covenants in indentures not enforceable by injunction against, 62, n. (c). may be sued on covenant for balance of premium, 62. age at which a person may be bound, ibid. may be bound to a corporation, ibid. special jurisdiction and procedure with regard to, 63, 64. indentures not dissolved by marriage of, 64. instrument of apprenticeship- formalities of, 86. stamp duty on, 89. prima facie master pays stamp duty on, 89. to the sea- subject to Employers and Workmen Act, 1875..87, 620. recovery of wages by, 131. duty of master to supply nourishment and medical aid to, 147. supervision of pauper, 148. master's duty to teach, 149. place where teaching is to be given to, 150, 191. when master's executors liable on covenants to, 150, 206, 214. cannot recover premium on death of master, 151. sickness or incapacity of- right to maintenance in case of, 181, n. (i). right to wages, in case of, ibid. master is entitled to all earnings of, 186. dismissal of, for misconduct, 189. action against third persons in respect of, 193, 199. See ACTION. may be bound to serve master's executors, 206. consent to cancellation of indentures by, 208. on master's bankruptcy, rights of, 209. is deemed to "work for hire" (1 Edw. VII. c. 22), 540. jurisdiction under Employers and Workmen Act, 1875, over, 613, 619, 620. ASSIGNMENT of contracts in restraint of trade, 105. in bankruptcy, master's rights under contract of service do not pass by, how far contracts of service and apprenticeship transferable by, 213. ATTACHMENT of wages or salary, 130. of seaman's wages, ibid. |