10

not employing children or young persons therein, the workshop shall A.D. 1878. 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 5 intention to change the system, and until the change a child or young 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 provisions of this Act with respect to cleanliness (including limewashing, painting, varnishing, and washing) or to freedom from effluvia.

for certain

scutch mills

61. The regulations of this Act with respect to the employment CLAUSE B. 15 of women shall not apply to flax scutch mills which are conducted Exception on the system of not employing either children or young persons descriptions therein, and which are worked intermittently, and for periods only of flax which do not exceed in the whole six months in any year. A flax from certain scutch mill shall not be deemed to be conducted on the system of provisions 20 not employing therein either children or young persons until the of Act. occupier has served on an inspector notice of his intention to conduct such mill on that system.

(5.) Supplemental as to Special Provisions.

62. Where it appears to a Secretary of State, that the adoption of Requirement 25 any special means or provision for the cleanliness or ventilation of sanitary provisions as of a factory or workshop is required for the protection of the condition of health of any child young person or woman employed, in special 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 30 made under this part of this Act direct that the adoption of such 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 the circumstances, inexpedient, he may, by order made under this 35 part of this Act, rescind the order directing such adoption without prejudice to the subsequent making of another order.

granting or

63. 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 appears to a Secretary of State that such exception is injurious extending 40 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

A.D. 1878. said exception was so granted or extended, he may by an order made under this part of this Act rescind the grant or extension, without prejudice to the subsequent making of another order.

Provision as
to order of
Secretary of
State under
Part Two of

Act.

See 30 & 31

Vict. c. 103.
Sched.

33 & 34 Vict.
c. 62. Sched.

34 & 35 Vict. c. 104. 1st Sched. (2.)

Provisions as to occupier

64. Where a Secretary of State has power to make an order under this part of this Act, the following provisions shall apply to 5 that order:

(1.) The order shall be under the hand of the Secretary of State 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 10 order:

(2.) The order may be temporary or permanent, conditional or unconditional, and whether extending a prohibition or exception, granting an exception, directing the adoption any means or provisions, or rescinding a previous order, 15 or effecting any other thing, may do so either wholly or partly:

of

(3.) The order shall be laid as soon as may be before both
Houses of Parliament, and if either House of Parliament,
within the next forty days after the same has been so laid 20
before such House, resolve that such order ought to be
annulled, the same shall after the date of such resolution
be of no effect, without prejudice to the validity of any-
thing done in the meantime under such order or to the
making of any new order:

(4.) The order, while it is in force, shall, so far as is consistent
with the tenor thereof, apply as if it formed part of the
enactment which provides for the extension or grant or
otherwise for making the order.

25

65. An occupier of a factory or workshop, not less than seven 30 availing him- days before he avails himself of any special exception under this self of special part of this Act, shall serve on an inspector, and (except in the case exceptions 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 or workshop notice of his intention so to avail himself, and whilst 35 he avails himself of the exception shall keep the notice so affixed.

and registry
of work
under them.

See 13 & 14
Vict. c. 54.

s. 6., 16 & 17
Vict. c. 104.

Before the service of such notice on the inspector the special s. 2., 24 & 25 exception shall not be deemed to apply to the factory or workshop, Vict. c. 117. and after the service of such notice on the inspector, it shall not be

8. 2., 30 & 31

sch. 12, 15,

Vict. c. 103. competent in any proceeding under this Act for the occupier to 40 33 & 34 Vict. prove that such special exception does not apply to his factory or c.67.sch. 7,8. workshop, unless he has previously served on an inspector notice that he no longer intends to avail himself of such special exception.

5

The notice so served and affixed shall specify the hours for the A.D. 1878. 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 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 pro10 visions 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 Secretary of State.

Where the occupier of a factory or workshop avails himself of an exception under this part of this Act, and a condition for 15 availing himself of such exception (whether specified in this part of this Act, or in an order of a Secretary of State made under this part of this Act) is not observed in that factory or workshop, then (1.) If such condition relates to the cleanliness ventilation or overcrowding of the factory or workshop, the factory or workshop shall be deemed not to be kept in conformity with this Act; and

20

25

(2.) In any other case a child young person or woman employed
in the factory or workshop, in alleged pursuance of the
said exception, shall be deemed to be employed contrary to
the provisions of this Act.

PART III.

ADMINISTRATION, PENALTIES, AND LEGAL PROCEEDINGS.

(1.) Inspection.

ment, pay

ment, &c. of inspectors and clerks and servants. Will.4.c.103. ss. 17, 19. 7 & 8 Vict.

of factories,

See 3 & 4

66. A Secretary of State from time to time, with the approval Appoint30 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 their salaries, and may constitute a principal inspector with an office 35 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.

c. 15. ss. 2-6.

W. 4. c. 103. s. 45.

The salaries of the inspectors clerks and servants, and the See 3 & 4 40 expenses incurred by them or by a Secretary of State in the execution of this Act, shall be paid out of moneys provided by Parliament.

A.D. 1878.

Powers of inspectors.

See 3&4 W.4.

c. 103. s. 18.

7 & 8 Vict.
c. 15. ss. 3, 27.
30 & 31 Vict.
c. 146, s. 10.

See 30 & 31
Vict. c. 146.

s. 10.

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 directly or indirectly interested therein or in any process or business carried on therein or in a patent connected therewith, or 5 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 parochial or municipal office.

Such annual report of the proceedings of the inspectors as the 10 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 expressed, to an inspector appointed in pursuance of this section, and a notice or other document required by this Act to be sent to 15 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 known to all persons interested, and the inspector named in such declaration shall be deemed to be for the purposes mentioned in 20 the declaration the inspector of the district.

67. An inspector under this Act shall for the purpose of the execution of this Act have power to do all or any of the following things; namely,

(1.) To enter inspect and examine at all reasonable times by day 25
and night a factory and a workshop and every part thereof
when he has reasonable cause to believe that any person is
employed therein contrary to the provisions of this Act,
and to enter by day any place which he has reasonable
cause to believe to be a factory or workshop, and to take 30
with him in either case a constable into a factory in which
he has reasonable cause to apprehend any serious obstruc-
tion in the execution of his duty; and

(2.) To require the production of the registers certificates
notices and documents kept in pursuance of this Act, and 35
to inspect examine and copy the same;
same; and

(3.) To make such examination and inquiry as may be neces-
sary to ascertain whether the enactments for the time
being in force relating to public health and the enactments
of this Act are complied with, so far as respects the 40
factory or workshop and the persons employed therein; and
(4.) To enter any school in which he has reasonable cause to
believe that children employed in a factory or workshop
are for the time being educated; and

5

10

(5.) To examine either alone or in the presence of any other A.D. 1878.
person, as he thinks fit, with respect to matters under
this Act, every person whom he finds in a factory or
workshop, or such a school as aforesaid, or whom he has
reasonable cause to believe to be or to have been within
the preceding two months employed in a factory or work-
shop, and to require such person to be so examined and
to sign a declaration of the truth of the matters respecting
which he is so examined; and

(6.) To exercise such other powers as may be necessary for carrying

this Act into effect.

The occupier of every factory and workshop his agents and servants shall furnish the means required by an inspector as necessary for an entry inspection examination inquiry or the 15 exercise of his powers under this Act in relation to such factory and workshop.

c. 15. ss. 61,

Every person who wilfully delays an inspector in the exercise of See any power under this section, or who fails to comply with a requisi- 7 & 8 Vict. tion of an inspector in pursuance of this section, or to produce any 62. 20 certificate or document which he is required by or in pursuance of this Act to produce, or who conceals or prevents a child young person or woman from appearing before or being examined by an inspector, or attempts so to conceal or prevent a child young person or woman shall be deemed to obstruct an inspector in the execution 25 of his duties under this Act: Provided always, that no one shall be required under this section to answer any question or to give any evidence tending to criminate himself.

Where an inspector is obstructed in the execution of his duties under this Act, the person obstructing him shall be liable to a fine 30 not exceeding five pounds; and where an inspector is so obstructed in a factory or workshop, the occupier of that factory or workshop shall be liable to a fine not exceeding five, or where the offence is committed at night twenty, pounds; and where an inspector is so obstructed in a factory or workshop within the meaning of 35 section sixteen of this Act, the occupier shall be liable to a fine not exceeding one, or where the offence is committed at night, five pounds.

CLAUSE C.

68. An inspector before entering, in pursuance of the powers Restriction conferred by this Act, without the consent of the occupier, any room on entry of inspector 40 or place actually used as a dwelling as well as for a factory or into workshop shall obtain written authority so to do from a Secretary dwellings. of State, or such warrant as is herein-after mentioned from a justice of the peace.