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works not to me
and Commons, in this present Parliament assem- 9 & 10 Vict. bled, and by the authority of the same, that no ropery, ropewalk, or ropework in which ma- Certain ropechinery, moved by steam, water, or other chanical
power, is not used for drawing or spin- mills or ning the fibres of flax, hemp, jute, or tow, but within the only for laying or twisting or other process of provisions of preparing or finishing the lines, twines, cords, or ropes, and which has no internal communication with any buildings or premises forming or forming part of a mill or factory within the meaning of the said Acts, except such as is necessary for the transmission of power, shall be deemed to be a mill or factory within the provisions of the said Acts, or of either of them, and that nothing in the said Acts, or in either of them, shall be deemed to apply to the employment of children, young persons, or women in any such ropery, ropewalk, or ropework (k).
II. And be it enacted, that this Act may be amended or repealed by any Act to be passed in amended, &c. this session of Parliament.
Act may be
13 & 14 VICT.
THE FACTORY ACT, 1850.
in factories (a). [5th August, 1850.]
3 & 4 W. 4,
year the reign of His late Majesty, intituled An Act
(k) This Act exempted the ropeworks here mentioned from the operation of the Factory Acts of 1833 and 1844; but they do not seem to be excluded from the general provision of 30 & 31 Vict. c. 103 (the Factory Acts Extension Act, 1867), s. 3 (sub-s. 7). See s. 5 of that Act; post. And see the 5th report of the Children's Employment Commission (1862), p. xii.
(a) The short title now given to this Act is, “The Factory Act, 1850,” 30 & 31 Vict. c. 103, s. 4.
13 & 14 Vict, to regulate the labour of children and young
persons in the mills and factories of the United Kingdom, it was enacted that no person under the age of eighteen years should be employed in any mill or factory as in the said Act mentioned, in any such description of work as therein specified, more than twelve hours in any one day (6),
except as thereinafter provided : And whereas 7 & 8 Vict. by an Act passed in the seventh year of the
reign of Her present Majesty, intituled An Act to amend the laws relating to labour in factories, it was enacted, that the hours of work of chilclren and young persons in every factory should be reckoned from the time when any child or young person should first begin to work in the morning in such factory (c), and by the same Act it was enacted, that no female above the age of eighteen years should be employed in any factory, save for the same time and in the same manner as young persons might be employed in
factories (d): And whereas by an Act passed 10 & 11 Vict. the tenth year of the reign of Her present Ma
jesty, intituled An Act to limit the hours of labour of young persons and females in factories, the hours of labour of young persons and females in factories were further restricted as therein is
This Act was passed in consequence of it having been decided that it was no offence against the Factory Act to employ a young person in the factory for ten hours and no more in one day, such ten hours ending at a period which was no more than ten hours from the time when another child or young person first began to work in the morning of such day in such factory, if such last-mentioned ten hours were counted consecutively from that time, omitting the meal times. Ryder v. Mills, 3 Exch. 853 ; 19 L. J. M. C. 82.
(6) 3 & 4 Will. 4, c. 103, s. 2; ante.
mentioned (e): And whereas it is expedient to 13 & 14 Vict. amend the said hereinbefore recited Acts : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the female to be authority of the same, That, save as hereinafter before six in mentioned, so much of the said Acts as restricts the morning or limits the hours of the employment or labour in the afterof young persons, and of females above the age Saturdays of eighteen years, shall be repealed (f) and after after two in the passing of this Act (9) no young person,
or after six
(e) This Act is now rendered wholly inoperative.
(f) The repeal of these provisions of the Factory Acts is hereby confined, it will be observed, to their operation respecting young persons and females above eighteen years of age; but the same provisions are also at least virtually repealed as respecting children by 16 & 17 Vict. c. 104 (the Factory Act, 1853), post ; which Act contains provisions respecting children corresponding to those of this Act respecting young persons and females above eighteen years of age.
(9) This section, and the corresponding enactment of 16 & 17 Vict. c. 104, respecting children, contain together the provisions now in force as to the hours of the day between which alone young persons, women, and children, can, generally speaking, be lawfully employed.
No other limit being placed upon the number of hours in a day for which young persons and women can be employed, it follows, that they may be employed for the whole of the time between the hours specified, that is twelve hours, inclusive, however, of meal times. 7 & 8 Vict. c. 15, s. 36. Whereas, the number of hours in respect of the employment of children is still regulated by the Factory Act, 1844, s. 30. 16 & 17 Vict. c. 104, s. 4; post.
But the provisions of the Acts respecting the legal hours of labour are subject to a considerable number of " modifications," as regards the various trades and manufactures now within the operation of the Factory Acts.
Thus, with respect to any particular factory or class of factories
13 & 14 Vict. no female above the age of eighteen years, shall
be employed in any factory before six of the
within the Factory Acts Extension Act, 1867, where the customs or exigencies of the trade require the alteration to be made, the Secretary of State may, in a prescribed manner, give permission, that male young persons of not less than sixteen years of age may be employed in the same manner as if they were male persons exceeding the age of eighteen years. 30 & 31 Vict. c. 103, sch., par. 25 (f), post.
Moreover, several modifications have been introduced upon those provisions of the Factory Acts which relate to the number of hours for which, and the hours of the day between which children, young persons, and women, may be employed ; by virtue of which, in some cases, subject to certain conditions, the employment for a greater amount of time in the day, and employment between different hours of the day than would be otherwise allowable, is made lawful.
First, as to the cases in which employment is made lawful for a greater amount of time in the day :
In the case of factories within the Factory Acts Extension Act, 1867, where the customs or exigencies of the trade require it, the Secretary of State is empowered to give permission that male young persons of sixteen years of age may be employed for a period not exceeding fifteen hours in any one day, subject to certain conditions. Id., sch., par. 11, post.
So, in the case of print works, and bleaching and dyeing works, under the Factory and Workshops Act, 1870. 33 & 34 Vict. c. 62, 1st sch., par. 1 ; post.
Where it is necessary by reason of the nature of the business depending on the weather or on the seasons of the year the Secretary of State is empowered to give permission, in like manner, that, in the case of such a factory or workshop, or class of factories or workshops, young persons of fourteen years of age and women may be employed for a period not exceeding fourteen hours in any one day, subject to certain restrictions. 34 & 35 Vict. c. 104 (the Factory and Workshop Act, 1871), 1st sch., par. 1 ; post.
So, in the manufacture of bricks and tiles, other than ornamental tiles, where, by reason of the nature of the manufacture, it is neces
clock in the morning or after six of the clock in 13 & 14 VicT. the evening of any day (save to recover lost
sary to employ male young persons of fourteen years and women at certain times of the year for a longer period than is otherwise allowed, the Secretary of State may, in like manner, give permission that such male young persons and women may be employed between the 31st March and the 1st October, for fourteen hours a day, subject to certain conditions. Id.
But any order made by a Secretary of State under any of the permanent modifications (above alluded to) contained in any of the Factory Acts, 1833 to 1871 (or in any of the Workshop Acts, 1867 to 1871), will be in force for such time, and during such periods only as may be specified in such order. Id., par. 2, post.
In letterpress printing, male young persons of the age of sixteen years and upwards, may, subject to certain conditions, be employed for a period not exceeding fifteen hours in any one day. 30 & 31 Vict. c. 103, sch., par. 13; post.
In bookbinding, young persons of fourteen years and upwards may, subject to certain conditions, be employed for a period not exceeding fourteen hours in any one day. Id., par. 14 ; post.
In the manufacture of preserves from fruit, and in the processes of preserving or curing fish, women may, subject to certain conditions, be employed, between the 1st of June and the 24th of December, for fourteen hours a day. 33 & 34 Vict. c. 62, 2nd sch. ; post.
In any blast furnace, iron mill, foundry, or paper mill, where the process in which a child, young person, or woman is employed, is in an incomplete state at the hour at which such child, &c., is required to cease work, such child, &c., may be employed for thirty minutes beyond the hour. 30 & 31 Vict. c. 103, sch., par. 18; post.
And in print works, and bleaching and dyeing works, a like extension of the time of work may be made, under a general order of the Secretary of State to that effect. 33 & 34 Vict. c. 62, 1st sch., par. 2 ; post.
Secondly, as to the cases in which employment has been made lawful between diferent hours of the day than those prescribed by the Factory Acts :