c. 103. Repealed, n. (i). 3 & 4 WILL4, of its being impounded in higher reservoirs, then and in every such case and so often as the same shall happen it shall be lawful for the occupier of any such mill, manufactory, or building to extend the time of labour in this Act prescribed at the rate of three hours per week until such lost time shall have been made good, but no longer, such time to be worked between the hours of five of the clock in the morning and nine of the clock in the evening: Provided also, that no time shall be recoverable after it has been lost six calendar months (i). Providing for unavoidlost in cases able time of accident. Repealed, n. (k). Loss of time from the want or excess of water in the provided for. daytime IV. And be it further enacted, that when any extraordinary accident shall happen to the steam engine, water-wheel, weirs, or watercourses, main shafting, main gearing, or gas apparatus of any such mill, manufactory, or buildings, by which not less than three hours labour at any one time shall be lost, then and in every such case such time may be worked up at the rate of one hour a day in addition to the aforesaid and hereinafter restricted hours of labour, for the twelve following working days, but not after (k). V. And whereas during periods of drought and of floods the power of water-wheels on some streams is wholly interrupted, or so far diminished that the machinery or part or parts of the machinery dependant upon such power cannot be regularly worked at one and the same time, and in consequence thereof a certain portion of the time of such persons as are employed in the working of such (i) This section is repealed by 7 & 8 Vict. c. 15, s. 33; which Act, together with 13 & 14 Vict. c. 54, and 16 & 17 Vict. c. 104, contains the corresponding provisions now in force. See post. (k) This section is repealed by 7 & 8 Vict. c. 15, s. 33. See the last note. c. 103. machinery may be lost in each day during such 3 & 4 WILL. 4, period of drought or floods: Be it therefore enacted, that it shall be lawful for the occupier of Repealed, any mill, manufactory, or building, when time is . (i), supra. so lost, then and in every such case and so often as the same shall happen, to extend the hours between which persons under eighteen years of age are hereinbefore allowed to work (videlicet, from five of the clock in the morning till nine in the evening), as hereinbefore limited, to such period as may in such case be necessary to prevent the loss of time, and no longer: Provided always, that no child or young person within the respective ages prescribed by this Act shall be actually employed a greater number of hours within the twenty-four hours of any one day than this Act declares to be lawful; and provided also, that no child under thirteen years of age shall be employed after the hour of nine of the clock in the evening nor before the hour of five in the morning (1). meals. VI. And be it further enacted (m), that there Time for shall be allowed in the course of every day not less than one and a half hours for meals to every such person restricted as hereinbefore provided to the performance of twelve hours work daily (n). of children VII. And be it enacted, that from and after the Employment first day of January one thousand eight hundred under nine and thirty-four it shall not be lawful for any hibited. years pro (1) This section is repealed by 7 & 8 Vict. c. 15, s. 33. See n. (i), supra. (m) As to the hours between which the meal times are to be taken, and for various other additional regulations respecting meals, see 7 & 8 Vict. c. 15, s. 36, post, and 13 & 14 Vict. c. 54, ss. 3, 8, post; and the notes to those sections. (n) The provisions of the Factory Acts respecting meals apply to females above eighteen years of age. 13 & 14 Vict. c. 54, s. 3 ; post. c. 103. 3 & 4 WILL. 4, person whatsoever to employ in any factory or mill as aforesaid, except in mills for the manufacture of silk, any child who shall not have completed his or her ninth year of age (0). The employ ment of children and 13 years of age for more than eight (sic) prohibited. Repealed, n. (p). VIII. And be it further enacted (p), that from and after the expiration of six months after the under 11, 12, passing of this Act it shall not be lawful for any person whatsoever to employ, keep, or allow to remain in any factory or mill as aforesaid for a hours a day longer time than forty-eight hours in any one week, nor for a longer time than nine hours in any one day, except as herein provided, any child who shall not have completed his or her eleventh year of age, or after the expiration of eighteen months from the passing of this Act any child who shall not have completed his or her twelfth year of age, or after the expiration of thirty months from the passing of this Act any child who shall not have completed his or her thirteenth year of age: Provided, nevertheless, that in mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours in any one day. Holidays to be allowed. IX. And be it further enacted, that all chil (0) 7 & 8 Vict. c. 15, s. 29, reduces the minimum age to eight instead of nine years; and moreover, takes away any exception in favour of the manufacture of silk by enacting that no child under eight years of age shall be employed in any factory; post. In the cases of certain employments of peculiar natures the minimum age has been raised. See the note there; post. (p) This section has in part expired. As to the rest of it, it is virtually repealed by 7 & 8 Vict. c. 15, s. 30, whereby the number of hours in the day for the employment of children (i.e. children under thirteen years of age) is limited to six and a-half hours, or to seven hours, if the dinner time of the "young persons" begins at one o'clock, and the children in question began work in the morning. c. 103. dren and young persons whose hours of work are 3&4 WILL. 4, regulated and limited by this Act shall be entitled to the following holidays; videlicet, on Christmas Day and Good Friday the entire day, and not fewer than eight half-days besides in every year, such half-days to be at such period or periods, together or separately, as may be most desirable and convenient, and as shall be determined on by the master of such children and young persons: provided nevertheless, that in Scotland any other days may be substituted for Christmas Day and for Good Friday, both or either, as such master may determine (q). employed in any one mill less than 9 hours X. And be it further enacted, that if any child Children within the age herein before restricted to nine hours of day labour (r) shall have been employed in any one day for less than nine (s) hours in one not to be factory or mill, it shall be lawful for any person any other employed in to employ such child in any other factory or mill mill more on the same day for the residue of such nine residue of hours; provided that such employment in such 9 hours. other mill or factory shall not increase the labour of such child to more than nine hours in any one day, or to more than forty-eight hours in any one week. than the XI. And be it further enacted, (t) that from Children not (q) Additional regulations as to these holidays are provided by 7 & 8 Vict. c. 15, s. 37. See that section and the notes thereto, post. (r) That is children under thirteen years of age. See s. 8, supra. (8) "Nine hours" will now be read six and a-half hours. See 7 & 8 Vict. c. 15, s. 30; the limitation of the number of hours per week is virtually repealed. See supra, n. (b). (t) This section it will be seen is partly obsolete. That part of it which is still in operation requires a certificate in the case of any child under thirteen years of age. But this surgical certificate now is to certify the child to be of the ordinary strength and appearance of c. 103. to be em ployed with out a certifiCate from a surgeon as and appear to strength ance. 3&4 WILL.4, and after the expiration of six months after the passing of this Act, it shall not be lawful for any person to employ, keep, or allow to remain in any factory or mill any child who shall not have completed his or her eleventh year of age without such certificate as is hereinafter mentioned, certifying such child to be of the ordinary strength and appearance of a child of the age of nine (u) years, nor from and after the expiration of eighteen months after the passing of this Act any child who shall not have completed his or her twelfth year of age without a certificate of the same form, nor from and after the expiration of thirty months after the passing of this Act any child who shall not have completed his or her thirteenth year of age without a certificate of the same form, which certificate shall be taken to be sufficient evidence (v) of the ages respectively certified therein. Certificates to be made by a surgeon or physician. XII. And be it further enacted, that for the purpose of obtaining the certificate herein before required in the case of children under the age of eleven, twelve, or thirteen years respectively, the child shall personally appear before some sur a child of eight instead of nine years of age. See ante, p. 18, n. (o). As to the form of the certificate, see n. (z), infra. In blast-furnaces and iron mills, the Secretary of State is empowered to dispense with so much of the Factory Acts as relates to surgical certificates given by a certifying surgeon, and to substitute therefor such other regulations as to proof of the age, bodily health, and capacity of children and young persons as he may think expedient, and any regulation so made will be of the same force as if enacted in the Factory Acts in place of the regulations for which they are substituted. 30 & 31 Vict. c. 103. ("The Factory Acts Extension Act, 1867 "), s. 14, post. (u) Now read "eight" years; vide supra. (v) And see 7 & 8 Vict. c. 15, s. 53; post. |