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JUNE 28, 1938





FACTORY. FACTOR is a mercantile agent, who and factors are governed by the laws of buys and sells the goods of others, and the place in which they are domiciled; transacts their ordinary business on com- and any contract which may be made by mission. He is intrusted with the pos- either of them must be governed by the session, management, and disposal of the law of the place where it is made; and goods, and buys and sells in his own name, these rules are acted upon by the courts in which particulars consists the main of justice of every civilized nation. Thus, difference between factors and brokers. since the passing of the above-mentioned [BROKER.)

statute, a foreign merchant cannot recover The chief part of the foreign trade of his goods from the pledgee of the factor every country is carried on through fac- in England, though he may be totally tors, who generally reside in a foreign ignorant of the change which has taken country, or in a mercantile town at a dis place in the law. Again, if a bill be tance from the merchants or manufac- accepted in Leghorn by an Englishman, turers who employ them; and they differ and the drawer fails, and the acceptor from mere agents in being intrusted with has not sufficient effects of the drawer in a general authority to transact the affairs his hands at the time of acceptance, the of their employers. The common duty acceptance becomes void by the law of of a factor is to receive consignments of Leghorn, and the acceptor is discharged goods, and make sales and remittances, from all liability, though by the law of either in money, bills, or purchased goods England he would be bound. (See 2 in return; and he is paid by means of Strange's Reports, 733; Beawe's Lex a per-centage or commission upon the Merc. ; Bell's Commentaries; Paley, money passing through his hands. It is Principal and Agent.) usual for a factor to make advances upon FACTORY. The name of factory was the goods consigned to him, for which, and formerly given only to establishments of also for his commission, he has a general merchants and factors resident in foreign lien upon all the property of his employer countries, who were governed by certain which may at any time be in his hands. regulations adopted for their mutual sup

Previously to the stat. 6 George IV. port and assistance against the undue C. 94, a factor had only authority to sell encroachments or interference of the gothe goods of his principal, and if he vernments of the countries in which they pledged them, the principal might recover resided. In modern times these factories them from the pledgee. But by this sta- have, in a great measure, ceased to exist, tute the pledgee of a factor, when he lends because of the greater degree of security his money without notice that the factor which merchants feel as regards both the is not the actual owner of the goods, is justice of those governments and the proenabled to retain them for his security ; tection, when needed, of their country. and even when he has such notice, the The Venetians, Genoese, Portuguese, lender has a lien upon the goods to the Dutch, French, and English, have all had same amount as the factor was entitled to establishments of the nature of factories.

The rights and liabilities of merchants In China the Portuguese established a



factory at Macao, and the English at of hats, or of paper, or solely for bleach-
Canton. In most instances, factories have ing, dyeing, printing, or calendering.
at first obtained the privilege of trading, What is called the factory system'
and afterwards procured for the precinct owes its origin to the invention and skill
assigned to them some exemption from of Arkwright; and it is probable that but
the jurisdiction of the native courts. In for the invention of spinning machinery,
this state of things the supreme govern- and the consequent necessary aggrega-
ment of the country whose subjects have tion of large numbers of workmen in
established the factory prepare laws for cotton-mills, the name would never have
its control and administration, and treat been thus applied. It is in the cotton-
it in fact as if it were its dependency, mills that the factory system has been
though the sovereignty of the native brought to its highest state of perfection.
government is undisputed, and to it be- The first cotton-factory was established
longs the right of legislation for the pre- in 1771 by Arkwright in connection with
cinct of the factory, though it may not Messrs. Need and Strutt, of Derby, and
always have the power of resuming it. was situated at Cromford, on the river
(Government of Dependencies. By George Derwent; and the first of these establish-
Cornewall Lewis, pp. 93 and 169.) ments erected in Manchester was built in

In its usual acceptation, the word factory 1780, and had its machinery impelled by is now employed to denote an establish- an hydraulic wheel, the water for which ment in which a considerable number of was furnished by a single-stroke atmosworkmen or artisans are employed toge- pheric pumping steam-engine. The prother for the production of some article of gress of cotton-factories was so rapid that manufacture, most commonly with the in 1787 there were 145 in England and assistance of machinery.

Wales, containing nearly two millions of FACTORY. The word 'Factory,' spindles, and estimated to produce as much according to the Factory Act (7 Vict. c. yarn as could have been spun by a million 15), means all buildings and premises of persons using the old domestic wheel. wherein or within the close or curtilage | The number of cotton, wool, silk, and flaxof which steam, water, or any other me- spinning factories worked by steam or chanical power shall be used to move or water-power in the United Kingdom, with work any machinery employed in pre- the number of persons employed therein paring, manufacturing, or finishing, or in in the year 1855, was as follows:any process incident to the manufacture

Factories. Persons. of cotton, wool, hair, silk, flax, hemp,


1262 220,134 jute, or tow, either separately or mixed


1313 71,274 together, or mixed with any other mate


30,682 rial or any fabric made thereof; and any Flax

317 33,283 room situated within the outward gate or boundary of any factory wherein children

3160 355,373 or young persons are employed in any process incident to the manufacture car

The number of persons employed in ried on in the factory, shall be taken to

textile manufactures in Great Britain, in be a part of the factory, although it may

1841, was 800,246, the greater part of not contain any machinery; and any part

whom are employed in factories. The of such factory may be taken to be a fac- numbers employed on each description of tory within the meaning of the Act, 7

fabric was as follows:Vict. c. 15; but this enactment shall not Cotton

377,622 extend to any part of such factory used Hose

50,955 solely for the purposes of a dwelling- Lace

35,347 house, nor to any part used solely for the Wool and Worsted 167,296 manufacture of goods, made entirely of Silk

83,773 any other material than those herein enu- Flax and Linen 85,213 merated, nor to any factory or part of a factory used solely for the manufacture of lace,


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P. 696.

The age and sex of the above-men- ject in 1832, and subsequently a commis. tioned number of persons were as sion was issued by the crown for ascerunder:

taining, by examinations at the factories Aged 20 Years

themselves, the kind and degree of abuses and upwards. Under 20. Total.

that prevailed, and for suggesting the Males 344,121 109,260 453,381

proper remedies.

In consequence of Females 211,070 135,795 346,865 these inquiries, an act was passed in 1833

(3 & 4 Wm. IV., c. 103) for regulating Total 555,191 245,055 800,246 factories. This act has been amended by The sex and age of persons employed 7 Vict. c. 15; but in order to show the in the cotton manufacture are given at course of recent legislation on this subject, COTTON MANUFACTURE AND TRADE, we shall first give some of the main

“In the woollen manufacture enactments of the first act. the number of adult males employed is The act 3 & 4 Wm. IV. provided, that three times as great as that of the adult after the 1st of January, 1834, no person females, while the number of either sex under the age of eighteen years should under twenty years of age is compara- work in any cotton, woollen, flax, or silk tively small: the same may be said of the factory worked by the aid of steam or hose, but in the flax and linen manufac- water-power, between the hours of halftures the preponderanee is not quite so past eight in the evening and half-past great. In silk the number of both sexes five in the morning ; that no person employed are nearly equal, the excess under eighteen years of age should work among adults being with the males, and more than twelve hours in any one day under twenty with the females. The nor more than sixty-nine hours in the manufacture of lace is the only one in week. Except in silk-mills, no children which the number of females is very under nine years of age were to be emmuch greater than that of males." (Cen- ployed. Children under eleven years sus Commissioners' Report.) In the old were not to be worked more than nine Yorkshire district, which is under the hours in any one day, nor more than superintendence of Mr. Saunders, the forty-eight hours in one week. This number of persons employed in factories clause came into operation six months in 1838 was 95,000, and in 1843 there after the passing of the act. At the exwere 106,500 ; but there was a positive piration of another twelve months its decrease in the number of children, restriction was applied to children under amounting to 2000. Mr. Howell, in twelve years old; and when thirty spector of factories for Cheshire and the months from the passing of the act had Midland Counties, states (Jan. 1844), that elapsed, the restriction was applied to all the few factories in which children under children under thirteen years old. This thirteen years of age are employed in his clause came into operation on the 1st of circuit are chiefly in isolated rural dis- March, 1836. In silk-mills, children under tricts or in non-manufacturing towns. thirteen years of age were allowed to work

The legislature has interfered to pre- ten hours per day. It was made illegal vent children in factories being tasked for any other mill-owner to have in his beyond their strength, to the permanent employ any child who had not completed injury of their coustitutions. This abuse eleven years of age without a certificate was the more to be apprehended, because by a surgeon or physician “ that such a large proportion of the children en child is of the ordinary strength and apgaged in cotton-spinning are not directly pearance of children of or exceeding the employed by the masters, but are under age of nine years." In eighteen months the control of the spinners, a highly-paid from the passing of the act this provision class of workmen, whose earnings depend was made to apply to all children under greatly upon the length of time during twelve years of age; and upon the 1st of which they can keep their young assist- March, 1836, the provision was made to ants at work. A parliamentary commit- include all children under the age of tee sat for the investigation of this sub- thirteen. Four persons were appointed

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