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within the above mentioned general provision of the Factory Acts Extension Act, 1867) are not within the operation of the Factory Acts, are made subject to a series of regulations corresponding with some of those of the Factory Acts. 30 & 31 Vict. c. 146; post, p. 219. A “workshop” being defined to mean any room or place whatever, whether in the open air or under cover, in which any handicraft (m) is carried on by any child, young person, or woman, and to which and over which the person by whom such child, young person, or woman is employed has the right of access and control (s. 4).
A few total or partial exemptions from the provisions of the Factory and Workshop Acts have been made in favour of certain occupations in factories and workshops otherwise subject to the Acts; and in favour of certain specified manufactures and employments. See 7 & 8 Vict. c. 15, s. 73, pp. 126 et seq. ; and n. (s) there (n).
(m) “Handicraft” is defined by the same section to mean any manual labour exercised by way of trade, or for purposes of gain, in or incidental to the making any article or part of an article, or in or incidental to the altering, repairing, ornamenting, finishing, or otherwise adapting for sale any article.
(n) A policy similar to that upon which the Factory and Workshop Acts are founded has caused the Legislature to intervene in the like manner for the protection of other work-people, and to regulate several other occupations besides those comprehended within these provisions. Special statutes have accordingly been passed from time to time regulating the employment of labour in mines, in bakehouses, in the employment of chimney-sweeping, and in agriculture. See “ The Coal Mines Regulation Act, 1872 ” (35 & 36 Vict. c. 76); “ The Metalliferous Mines Regulation Act, 1873” (35 & 36 Vict. c. 77); “ The Bakehouse Regulation Act, 1863” (26 & 27 Vict. c. 40); 3 & 4 Vict. c. 85; and 27 & 28 Vict. c. 37 (as to Chimney-sweepers); and“ The Agricultural Children Act, 1873” (36 & 37 Vict. c. 67). And see the Reports of the Children Employment Commissioners upon the above subjects. But it is not within the scope of this work to treat of the provisions of the sta
of thirteen years ;
Under both the Factory Acts and the Workshop Acts “child” means a child under the
age young person" means a person of the age of thirteen, but under that of eighteen years. Post, pp. 122, 221. But as to the meaning of those expressions under the Act for the regulation of lace factories, see 24 & 25 Vict. c. 117, s. 4; post, p. 177. All females above the age of eighteen are put by the Legislature on the same footing as that on which young persons are.
Post, p. 86, n. (r); p. 221.
The principal provisions of the Factory Acts shortly as follows (0)
The prohibition of the employment of any children under eight years of age. Post, p. 81.
The employment of children above that age, and under thirteen years, is made conditional on due attendance at school. Post, p. 28, et seq. ; 93, et seq.
The hours of the day during which the employment of children, young persons, and women for any time is lawful are prescribed ; as also are the number of hours per day for which such work-people can be kept employed. Post, pp. 82, 155, et seq.; p. 168.
Special provisions being, however, made for the purpose of legalising their employment for an extension of time in some cases of time lost through accidents and other unavoidable stoppages of the machinery. Post, p. 86, et seq.
Before a child or young person under sixteen years of age can be lawfully employed, it is made incumbent tutes enumerated, inasmuch as they are not comprised amongst the Factory and Workshop Acts.
(0) A convenient summary of these provisions is afforded by the abstracts issued by the direction of the Home Secretary, under 7 & 8 Vict. c. 15, s. 28. And, inasmuch as one of these abstracts is set out in an Appendix to this Work, it is not deemed desirable to occupy space by referring to the enactments more at length in this place.
on the occupier of the factory to obtain from either the surgeon appointed for the purpose under the Acts, or from some other duly qualified medical practitioner, a certificate of the age and bodily capacity of such child or young person. Post, pp. 20, 22, 55, 128, 130. And there is a series of enactments prescribing the forms of the various certificates, with directions as to the manner in which they are to be procured and granted, and relating to the appointment of such certifying surgeons, to their remuneration, and to their various duties in respect of visiting the factories within the district and inquiring into and reporting upon the causes of any accidents taking place there, and otherwise. See Id., et seq.
A certain amount of time in the day must be allowed for meals; which are to be taken in accordance with the statutory regulations in that behalf. Post, pp. 17, 89, et seq.
Provision is made for securing, besides a half-holiday on Saturdays, a certain number of whole or half-holidays in the year. Post, pp. 18, 92, 159, 168.
Important provisions are made for the purpose of protecting work-people generally from dangerous machinery; which require the occupier of the factory to fence off or otherwise secure certain specified parts; and subject him to heavy penalties in case of his default. See post, p. 65,
The Factory Acts now contain a number of sanitary measures, which are principally directed towards the objects of securing cleanliness in the factories, sufficient ventilation, and the prevention of over-crowding and the like. See p. 182, et seq.
For the purpose of facilitating the enforcement of the above provisions of the Factory Acts, in every factory registers of the children and young persons there employed and of some other matters are required to be kept in the prescribed forms and manner.
pp. 78, 136.
An abstract of the Factory Acts, duly approved by a Secretary of State, is required to be hung up in the prescribed manner in every factory. See post, pp. 79, 269.
Several notices relating to various matters are required in like manner to be hung up in the factory. See post,
The Crown is empowered to appoint inspectors and sub-inspectors of factories, whose duties are, generally, to visit factories and enforce the performance of the statutory requirements; and who, for those purposes, are clothed with ample powers of entry and inspection. See post, p. 24, et seq. ; p. 49, et seq.
As to the principal enactments of the Workshop Acts, they correspond with those of the Factory Acts above shortly noticed which relate to the following matters, namely,—the minimum age at which children can be employed,—the hours of work,—the attendance at school of children, — the meals, - Sunday employment, — employment on Saturday afternoon, --and the use of the fan in grinding
But these Acts contain no provisions corresponding with those of the Factory Acts, which require surgical certificates,-holidays,—the fencing of dangerous machinery,--the keeping of registers,—or the hanging up of abstracts and notices.
The duty of enforcing the Workshop Acts, which was at first vested in the local authorities, has now been added to the duties of the inspectors and sub-inspectors of factories. Post, p. 25, n. (9).