night, and that such employment will not injure the health of the A.D. 1878. male young persons employed, he may by order made under this part of this Act extend this exception to such factories or workshops or parts thereof, so far as regards young persons of the age of 5 sixteen years or upwards. in certain 57. In a factory or workshop in which the process of printing Employment newspapers is carried on on not more than two nights in the letter-press week, nothing in this Act shall prevent the employment of a printing male young person of sixteen years of age and upwards at night 10 during not more than two nights in a week, as if he were no longer a young person. works of male sons over 16 Sched. 13. 58. In glass works nothing in this Act shall prevent any male young person from working according to the accustomed hours of the works, if he is employed in accordance with the following of male 15 conditions; namely, 20 25 30 35 40 (1.) The total number of hours of the periods of employment (2.) The periods of employment for any such young person shall (4.) Special exception for domestic factories and workshops 59. The provisions of this Act, which relate— (2.) To all children young persons and women employed in a young persons at night &c. in glass works. A.D. 1878. Requirement of sanitary provisions as (3.) To the affixing of any notice or abstract in a factory or workshop; or specifying any matter in the notice so affixed; or, (4.) To the allowance of any holidays to a child young person or woman; or, (5.) To the sending notice of accidents; shall not apply 5 (a.) Where persons are employed at home, that is to say, to a private house room or place which, though used as a dwelling, is by reason of the work carried on there a 10 factory or workshop within the meaning of this Act, and in which neither steam, water, nor other mechanical power is used, and in which the only persons employed are members of the same family dwelling there; or (b.) To a workshop which is conducted on the system of not 15 employing children or young persons therein, and the occupier of which has served on an inspector notice of his intention to conduct his workshop on that system. And the provisions of this Act with respect to certificates of fitness for employment shall apply to any such private house room 20 or place as aforesaid, which by reason of the nature of the work carried on there is a factory, as if the same were a workshop within the meaning of this Act, and not a factory. Where the occupier of a workshop has served on an inspector notice of his intention to conduct that workshop on the system of 25 not employing children or young persons therein, the workshop shall be deemed for all the purposes of this Act to be conducted on the said system until the occupier changes it, and no change shall be made until the occupier has served on the inspector notice of his intention to change the system, and until the change a child or young 30 person employed in the workshop shall be deemed to be employed contrary to the provisions of this Act. A change in the said system shall not be made oftener than once a quarter, unless for special cause allowed in writing by an inspector. Nothing in this section shall exempt a bakehouse from the pro- 35 visions of this Act with respect to cleanliness (including limewashing, painting, varnishing, and washing) or to freedom from effluvia. (5.) Supplemental as to Special Provisions. 60. Where it appears to a Secretary of State, that the adoption of 40 any special means or provision for the cleanliness or ventilation condition of of a factory or workshop is required for the protection of the special health of any child young person or woman employed, in pursuance exceptions. of an exception under this part of this Act, either for a longer period than is otherwise allowed by this Act, or at night, he may by order 45 made under this part of this Act direct that the adoption of such A.D. 1878. means or provision shall be a condition of such employment; and if it appears to a Secretary of State that the adoption of any such means or provision is no longer required, or is, having regard to all 5 the circumstances, inexpedient, he may, by order made under this part of this Act, rescind the order directing such adoption without prejudice to the subsequent making of another order. 61. Where an exception has been granted or extended under Power to this part of this Act by an order of a Secretary of State, and it rescind order granting or 10 appears to a Secretary of State that such exception is injurious extending to the health of the children young persons or women employed exception. in, or is no longer necessary for the carrying on of the business in, the class of factories or workshops or parts thereof to which the said exception was so granted or extended, he may by an order 15 made under this part of this Act rescind the grant or extension, without prejudice to the subsequent making of another order. 20 25 30 35 40 Provision as to order of Secretary of State under 62. Where a Secretary of State has power to make an order under this part of this Act, the following provisions shall apply to that order: (1.) The order shall be under the hand of the Secretary of State Part Two of and shall be published in the London Gazette, and shall come into operation at the date of such publication in the London Gazette, or at any later date mentioned in the order: Act. See 30 & 31 Vict. c. 103. Sched. 33 & 34 Vict. c. 62. Sched. 34 & 35 Vict. c. 104. 1st (2.) The order may be temporary or permanent, conditional or (3.) The order shall be laid as soon as may be before both (4.) The order, while it is in force, shall, so far as is consistent ¿A.D. 1878. Provisions as to occupier availing him self of special exceptions and registry of work under them. See 13 & 14 s. 2., 24 & 25 63. An occupier of a factory or workshop, not less than seven days before he avails himself of any special exception under this part of this Act, shall serve on an inspector, and (except in the case of a factory or workshop to which the provisions of this Act with respect to the affixing of notices do not apply) affix in his factory 5 or workshop notice of his intention so to avail himself, and whilst he avails himself of the exception shall keep the notice so affixed. Before the service of such notice on the inspector the special s. 6., 16 & 17 exception shall not be deemed to apply to the factory or workshop, Vict. c. 104. and after the service of such notice on the inspector, it shall not be 10 Vict. c. 117. competent in any proceeding under this Act for the occupier to 31 prove that such special exception does not apply to his factory or workshop, unless he has previously served on an inspector notice that he no longer intends to avail himself of such special exception. & Vict. c. 103. s. 2., 30 sch. 12, 15, 33 & 34 Vict. c. 67.sch. 7,8. The notice so served and affixed shall specify the hours for the 15 beginning and end of the period of employment, and the times to be allowed for meals to every child young person and woman where they differ from the ordinary hours or times. An occupier of a factory or workshop shall enter in the prescribed register, and report to an inspector, the prescribed particulars 20 respecting the employment of a child young person or woman in pursuance of an exception, but such entry and report need not be made in the case of a factory or workshop to which the provisions of this Act with respect to the affixing of notices do not apply, except so far as may be from time to time prescribed by a 25 Secretary of State. Where the occupier of a factory or workshop avails himself of (2.) In any other case a child young person or woman employed 35 PART III. ADMINISTRATION, PENALTIES, AND LEGAL PROCEEDINGS. (1.) Inspection. A.D. 1878. ment, pay- ment, &c. of factories, and clerks 64. A Secretary of State from time to time, with the approval Appoint5 of the Treasury as to numbers and salaries, may appoint such inspectors (under whatever title he may from time to time fix), and such clerks and servants as he may think necessary for the execution of this Act, and may assign to them their duties and award them and servants. their salaries, and may constitute a principal inspector with an office 10 in London, and may regulate the cases and manner in which the inspectors, or any of them, are to execute and perform the powers and duties of inspectors under this Act, and may remove such inspectors, clerks, and servants. See 3 & 4 Will.4. c. 103. ss. 17, 19. 7 & 8 Vict. The salaries of the inspectors clerks and servants, and the See 3 & 4 15 expenses incurred by them or by a Secretary of State in the execution W. 4. c. 103. of this Act, shall be paid out of moneys provided by Parliament. Notice of the appointment of every such inspector shall be published in the London Gazette. A person who is the occupier of a factory or workshop or is 20 directly or indirectly interested therein or in any process or business carried on therein or in a patent connected therewith, or is employed in or about a factory or workshop, shall not act as an inspector under this Act. An inspector under this Act shall not be liable to serve in any 25 parochial or municipal office. Such annual report of the proceedings of the inspectors as the Secretary of State from time to time directs shall be laid before both Houses of Parliament. A reference in this Act to an inspector refers, unless it is otherwise 30 expressed, to an inspector appointed in pursuance of this section, and a notice or other document required by this Act to be sent to an inspector shall be sent to such inspector as a Secretary of State from time to time directs, by declaration published in the London Gazette or otherwise as he thinks expedient for making the same 35 known to all persons interested, and the inspector named in such declaration shall be deemed to be for the purposes mentioned in the declaration the inspector of the district. s. 45. 65. An inspector under this Act shall for the purpose of the Powers of execution of this Act have power to do all or any of the following inspectors. 40 things; namely, (1.) To enter inspect and examine at all reasonable times by day See 3&4 W.4. c. 103. s. 18. 7&8 Vict. 30 & 31 Vict. c. 15. ss. 3, 27. |