Clause. 80. Power of occupier to exempt himself from fine or con viction of the actual offender. 81. Restraint on cumulative fines. (6.) Legal Proceedings. 82. Prosecution of offence and recovery and application of fines. 84. Limitation of time and general provisions as to summary proceedings. 85. Evidence in summary proceedings. PART IV. DEFINITIONS, SAVINGS, APPLICATION TO SCOTLAND AND IRELAND, AND REPEAL. (1.) Definitions. 86. Definition of "manufacturing process," "handicraft," ""textile factory," and "workshop." tory," 87. Definitions of certain factories and workshops. 88. Application of Act to certain works. 89. Definition of " employment." 90. Definition of certified efficient school. 66 "fac "Woman." 91. General Definitions. "Child." " Young person. "Parent." "6 "Treasury." Secretary of State." "Education Department." "Sanitary authority." "Person." "Week." 'Night." "Prescribed." "Summary Jurisdiction Acts." "Court of summary jurisdiction." "Mill-gearing." 66 (2.) Savings. 92. Saving as to liability of hirer of machine where not occupier. 93. Saving for person employed in repair of machinery or factory workshop. 94. Exemption of factories and workshops from 38 & 39 Vict. c. 55. s. 91. 95. Construction of enactments referring to Factory or Workshop Acts. (3.) Application of Act to Scotland and Ireland. 96. Temporary saving for employment of children under 10 and children over 13 in Scotland and Ireland. 97. Certificates of birth for purposes of Act. Clause. 98. Application of Act to Scotland. 99. Application of Act to Ireland. (4.) Repeal. 100. Repeal of Acts. SCHEDULES. FIRST SCHEDULE. Factories or Workshops in which Employment of Young Persons and Children is restricted. 1. Young persons and children in processes tending to destroy health. 2. Children and female young persons in parts of glass works. 3. Girls under 16 in certain unsuitable employments. 4. Children in metal grinding and lucifer match making. 5. Child under 11 in fustian cutting. SECOND SCHEDULE. SPECIAL RESTRICTIONS. PART ONE. Places forbidden for Meals. Parts of factories or workshops in which by reason of the special unhealthiness of the process children, young persons, and women are forbidden to take meals. PART TWO. Certificates of Fitness in Workshops. Workshops in which by reason of special circumstances affecting the workshop, certificates of fitness are required for the protection of the health of the children and young persons under 16 employed therein. THIRD SCHEDULE. SPECIAL EXCEPTIONS. PART ONE. Period of Employment. Employment of children, young persons, and women between 8 a.m. and 8 p.m. in certain trades in which the customs or exigencies of the trade, either generally or in any particular locality, require it: PART TWO. Meal Hours. Cases in which meals are allowed to be taken at different times by reason of the continuous nature of the process or of special circumstances. Cases and extent to which persons are allowed during meal time to be employed in the factory or workshop by reason of the continuous nature of the process or of special circumstances. PART THREE. Factories and workshops in which young persons of 14 and women may be allowed to work for 14 hours a day under certain restrictions by reason of the nature of the business depending on the weather or the seasons of the year or by reason of any special emergency. PART FOUR. Additional Half Hour. Factories and workshops in which a child, young person, or woman may be employed for an additional half hour where the process is in an incomplete state because the time for the completion of the process cannot, by reason of the nature thereof, be accurately fixed. PART FIVE. Overtime for Perishable Articles. Factories and workshops in which women may be employed for fourteen hours a day by reason of the perishable nature of the articles or materials which are the subject of the manufacturing process or handicraft. PART SIX. Night Work. Factories and workshops in which male young persons of fourteen may be employed at night by reason of the nature of the business requiring the process to be carried on throughout the night. FOURTH SCHEDULE. Acts repealed. A BILL то Consolidate and amend the Law relating to Factories and Workshops. E it 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 authority of the same, as follows: Preliminary. A.D. 1877. ment of Act. 1. This Act may be cited as the Factory and Workshop Act, 1877. Short title. 2. This Act shall come into operation on the first day of January Commenceone thousand eight hundred and seventy-eight, which day is in this Act referred to as the commencement of this Act: Provided 10 that at any time after the passing of this Act, any appointment, regulation, or order may be made, any notice issued, form prescribed, and act done which appears to a Secretary of State necessary or proper for the due execution of this Act at the commencement thereof. 15 PART I. GENERAL LAW RELATING TO FACTORIES AND WORKSHOPS. (1.) Sanitary Provisions. 3. Every factory and every workshop shall be kept in a cleanly state and free from effluvia arising from any drain, privy, or other 20 nuisance. Sanitary condition of factory and See 27 & 28 workshop. Vict. c. 48. s. 4., sched. 10. A factory or workshop shall not be so overcrowded while work 30 & 31 Viet. is carried on therein as to be injurious to the health of those c.103. ss. 4, 6. employed therein, and shall be ventilated in such a manner as to 38 & 39 Vict. render harmless, so far as is practicable, all gases, vapours, dust, or c. 55. s. 91. 25 other impurities generated in the course of the manufacturing 26 & 27 Vict. c. 40. s. 4. A.D. 1877. process or handicraft carried on therein that may be injurious to health. Notice by inspector to sanitary authority of sanitary defects in factory or workshop. Fencing of certain machinery. See 7 & 8 Vict. c. 15. s. 21. 19 & 20 Vict. c. 38. s. 4. 30 & 31 Vict. c.103.sch.24. Fencing of other A factory or workshop in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. 5 4. Where it appears to an inspector under this Act that any act, neglect, or default in relation to any drain, watercloset, earthcloset, privy, ashpit, water supply, nuisance, or other matter in any factory or workshop is punishable or remediable under the law relating to public health, but not under this Act, that inspector shall give notice 10 in writing of such act neglect or default to the sanitary authority in whose district the factory or workshop is situate, and it shall be the duty of the sanitary authority to make such inquiry into the subject of the notice, and take such action thereon, as to that authority may seem proper for the purpose of enforcing the law. An inspector under this Act may, for the purposes of this section, take with him into a factory or a workshop a medical officer of health, inspector of nuisances, or other officer of the sanitary authority. (2.) Safety. 5. With respect to the fencing of machinery in a factory the following provisions shall have effect: 15 20 (1.) Every hoist or teagle near to which children or young (2.) Every wheel-race not otherwise secured shall be securely (3.) Every part of the mill gearing shall either be securely fenced or be in such position or of such construction as to be equally safe to every person employed in the factory as it would be if it were securely fenced; and 30 (4.) All fencing shall be constantly maintained in an efficient 35 A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. 6. Where an inspector considers that in a factory any part of the machinery of any kind, moved by steam water or other mechanical 40 |