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The present Law as to Retail Bakehouses.

The Factory and Workshop Acts, 1878 and 1883 (41 Vict., c. 16,

and 46 & 47 Vict., c. 53)-Local authorities for the pur-

poses of these Acts-Bakehouses over which their jurisdic-

tion will extend-Provisions of the Factory and Workshop

Act, 1878, which are enforceable by local authorities as

regards these bakehouses-Sections 3 and 33-How enforce-

able-Origin of sections 34 and 35-Difference between

sections 33 and 34-Section 35-No apparent reason why

operation of this section should have been confined to urban

districts Provisions of the Factory and Workshop Act, 1883,

which are enforceable by local authorities-Sections 15 and

16 Questions which arise with respect to these sections—

Powers of entry, &c. given to the Medical Officer of Health

-Section 68 of the Factory and Workshop Act, 1878-Sub-

sections (1), (2), (4), and (7)—Power of Medical Officer of

Health to take legal proceedings-Remaining provisions of

section 68-Whether these provisions are applicable to Medi-

cal Officers of Health-Sections 69 and 70-Duty of Medical

Officer of Health to give notice of employment of young

persons and women-Person committing offence for which

occupier is liable-Duty of Inspector to proceed against

actual offender rather than the occupier-Desirable that local

authority should act in conformity with this principle—

Application and recovery of fines-Appeal to Quarter Ses-

sions-Limitation of time as to summary proceedings-Ex-

penses of carrying the Acts of 1878 and 1883 into execution.

CHAPTER I.

Past Legislation as to Bakehouses.

before 1863

THE past history of the legislation affecting the No special regulation of bakehouses in this country, is some- legislation what curious. Prior to 1863, there were no special enactments on the subject.

Act, 1863.

In that year, the Bakehouse Regulation Act, Bakehouse 1863 (26 & 27 Vict., c. 40), was passed. This Act Regulation prohibited the employment in bakehouses of persons under eighteen years of age, between the hours of nine o'clock at night, and five o'clock in the morning. It required that every bakehouse should be kept in a cleanly state, and be provided with proper means for effectual ventilation, and be free from effluvia arising from any drain, privy, or other nuisance. It also contained certain additional regulations with respect to bakehouses situate in cities, towns, or places containing, according to the last census, a population of more than 5,000 persons. By these regulations-(1.) The inside walls and ceiling or top of the bakehouse, and the passages and staircase leading thereto were required to be either painted with oil or to be lime-washed, or partly to be painted and partly lime-washed. Where painted with oil, there were to be three coats of paint, and the painting was to be renewed once at least in every seven years, and to be washed with hot water and soap once at least in every six months. Where lime-washed, the lime-washing was to be renewed once at least in every six

B

Enforceable

authorities.

months. (2.) Places on the same level with the bakehouse and forming part of the same building, were prohibited from being used as sleeping places, unless they were effectually separated from the bakehouse by a partition extending from the floor to the ceiling; and unless there were an external glazed window of at least nine superficial feet in area, of which at least four and a half superficial feet were made to open for ventilation.

The Act was made to apply to England, Scotland, and Ireland, and adequate penalties were imposed by it, recoverable summarily in the event of any breach of its provisions.

The duty of enforcing the Act was imposed on by the local the local authorities, who, in England, were the same bodies as those entrusted with carrying the Nuisances Removal Acts into operation.

Provisions of

classes, accord

It will be observed that the provisions of this the Act divisi- Act naturally divide themselves into two classes, able into two according as their object is to regulate the employing as they ment of persons under eighteen years of age, or to relate to the provide for the observance of sanitary requirements the employ. in the bakehouse.

regulation of

ment of

per

Judged by the light of subsequent events, there sons under 18 are several omissions in the Act, as regards each of years of age, these classes of provisions; but the most serious or the sanitary regulation of mistake, which was made by its framers, was that bakehouses. they omitted to keep the two classes of provisions distinct, and that they imposed the duty of enforcing them on one and the same authority. Regulation of The regulation of the employment of young the employ- persons in bakehouses was a duty altogether outpersons should side the scope of the ordinary work of a sanitary have been en- authority, and within the scope of the ordinary forced by the duties of the Factory Inspectors. There was apInspectors of Factories. parently no greater reason for requiring a sanitary authority to supervise the employment of these persons in bakehouses, than in other factories or

ment of young

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