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Factories. Vict. 16. Registers to be kept in every fac
An abstract of this act, and certain notices, to be hung up in every factory.
the public view, to be approved of in either case in writing under the hand of the inspector or sub-inspector of the district.”
Sect. 27. “ That registers shall be kept in the factory to which they relate, by the occupier of every factory, according to the forms and directions given in schedule (B) to this act annexed; and every inspector shall have power to require such occupier to send to him, in such manner as may be directed in the requisition, any extracts from such registers, and any other information with relation to the persons employed in the factory, which may be requisite to facilitate the performance of the duties of such inspector in any inquiry made under the authority of the Factory Act or of this act; but no information so sent by the occupier of any factory which is not contained in the registers, certificates, and other documents required by this act to be received or kept shall be admissible in evidence in any proceeding against him for the recovery of any penalty; and the registers, certificates, and other documents required by this act to be received or kept shall be forthwith produced to the inspector or sub-inspector, on his demanding to examine the same at any time when the factory is at work.”
Sect. 28. “ That it shall not be necessary to hang up in any mill or factory any copy of any abstract of the Factory Act, or of any regulations made in pursuance of the said act, other than is hereinafter provided; and that such abstract of the Factory Act as amended by this act as shall be directed by one of her Majesty's principal secretaries of state shall be fixed on a moveable board, and be hung up as soon as received by the occupier of the factory or his agent in the entrance of the factory, and in such other places as the inspector or sub-inspector of the district may direct; and notices of the names and addresses of the inspector and subinspector of the district in which the factory is situated, of the name and address of the surgeon who grants certificates of age for the factory, of the clock by which the hours of work in the factory are regulated, of the times of beginning and ending daily work of all persons employed in the factory, and any alteration thereof, of the times of the day and amount of time allowed for their several meals, of all time lost which is intended to be recovered, and of all time which shall be recovered, together with every other notice required by this act, written or printed in legible characters, and fixed on moveable boards, (each particular notice being signed by the occupier of every factory or his agent), shall be hung up in the entrance of the factory, where they may be easily read by the persons employed in the factory, and in such other places as the inspector or sub-inspector of the district may direct, and whence they shall not be removed while the factory is at work; and in case any such abstract of the Factory Act as amended by this act, or notice, shall become illegible in any part, the occupier of the factory shall cause a new copy thereof to be provided and hung up as aforesaid; but the notice of lost time need not remain after the whole of the lost time intended to be recovered shall have been recovered ; and every notice required to be hung up shall be in the forms and according to the directions given in the schedule (C) hereunto annexed."
Sect. 29. “ That every child who shall have completed his eighth year, and shall have obtained the surgical certificate required by this act of having completed his eighth year, may be employed in a factory in the same manner and under the same regulations as children who have completed their ninth year; but no child under eight years of age shall be employed in any factory.”
Sect. 30. “ That no child shall be employed in any factory more than six hours and thirty minutes in any one day, save as hereinafter excepted, unless the dinner time of the young persons in such factory shall begin at one of the clock, in which case children beginning to work in
Children may be employed in factories at eight years of age.
Time of children's work,
the morning may work for seven hours in one day; and no child who Factories. shall have been employed in a factory before noon of any day shall be
7 Vict. c. 15. employed in the same or any other factory, either for the purpose of recorering lost time or otherwise, after one of the clock in the afternoon of the same day, sare in the cases when children may work on alternate days, or in silk factories more than seven hours in any one day, as hereinafter provided.”
Sect. 31. “ That in any factory in which the labour of young persons How children may is restricted to ten hours in any one day it shall be lawful to employ be employed on
three alternate any child ten hours in any one day on three alternate days of every days of the week. week, provided that such child shall not be employed in any manner in the same or in any other factory on two successive days, nor after half past four of the clock in the afternoon of any Saturday: Provided always, that the parent or person having direct benefit from the wages of any child so employed shall cause such child to attend some school for at least five hours between the hours of eight of the clock in the morning and six of the clock in the afternoon of the same day on each week day preceding each day of employment in the factory, unless such preceding day shall be a Saturday, when no school attendance of such child shall be required: provided also, that on Monday in every week after that in wbieh such child began to work in the factory, or any other day appointed for that purpose by the inspector of the district, the occupier of the factory shall obtain a certificate from a schoolmaster, according to the form and directions given in the schedule (A) to this act annexed, that such child has attended school as required by this act; but it shall not be lawful to employ any child in a factory more than seven hours in any one day, until the owner of the factory shall have sent a notice in writing to the inspector of the district of his intention to restriet the hours of labour of young persons in the factory to ten hours a day, and to employ children ten hours a day; and if such occupier of a factory shall at any time cease so to employ children ten hours a day, he shall not again employ any child in his factory more than seven hours in any one day until he shall have sent a further notice to the inspector in the manner hereinbefore provided."
Seet. 32. “ That no female above the age of eighteen years shall be Women to be ememployed in any factory save for the same time and in the same manner ployed as young
persons. as young persons may be employed in factories; and that any person who shall be convicted of employing a female above the age of eighteen years for any longer time or in any other manner shall for every such offence be adjudged to pay the same penalty as is provided in the like case for employing a young person contrary to law: Provided always, that nothing herein or in the Factory Act contained as to certificates of age shall be taken to apply to females above the age of eighteen years."
Sect. 33. “ That no time lost by accident or otherwise in any factory Provision for reshall be made good or worked up by extension of ordinary hours of covering lost time
* by stoppage of the labour, save as is hereinafter provided; and that in any factory in which machiners. any part of the machinery is moved by the power of water, the time which shall have been lost by stoppages from want of water, or from too much water, may be recovered in manner following, within six months next after the stoppage, between the hours specified in the factory act as those within which time lost by drought or excess of water may be recovered; and in order to recover time so lost any child or young person may be employed one hour in each day more than the time to which the ordinary daily labour of children and young persons respectively is restricted by law, except on Saturday; but it shall not be lawful so to recover any lost time until a notice shall have been sent by post to the sub-inspector of the district in which the factory is situated, stating the intention so to recover time that has been lost, nor
Factories. unless a notice according to the form and directions given in the
- schedule (C) to this act annexed shall have been previously fixed up 7 Vict. c. 15.
in the entrance of the factory, and in such other places as an inspector or sub-inspector may direct; and such notice shall be kept so fixed up during the whole time while the lost time is in course of being recovered; and such notice shall be kept in a book as directed in the said schedule (C); nor shall lost time be so recovered on two successive days, unless the amount of time recovered on any one day shall be inserted before nine of the clock in the morning of the following day in
the last-mentioned notice.” Provision for re Sect. 34. " That in any factory in which any part of the machinery covering time lost by partial stop
is moved by the power of water, when the stream is so diminished by drought or swollen by flood during any part of the day that any part of the manufacturing machinery driven by the water-wheel has been stopped by reason of such drought or flood, the young persons who would have been employed at such machinery may recover such lost time during the night next following the said day, unless the said day be Saturday: Provided always, that no such young person shall be employed during any twenty-four consecutive hours for a greater number of hours than that to which the ordinary daily labour of such young persons in factories is otherwise restricted by law; and that no young person so employed in the night shall work more than five hours, without an entire cessation from work of at least thirty minutes; but it shall not be lawful to recover any such lost time unless a notice according to the form and directions given in the schedule (C) to this act annexed shall have been previously fixed up in the entrance of the factory, and in such other places as an inspector or sub-inspector may direct, and unless such notice be kept so fixed up during the whole time while the lost time is in course of being recovered ; and such notice shall
be kept in a book as directed in the said schedule (C)." Work to cease on Sect. 35. “ That no child or young person shall be employed in a Saturday at half
factory, either to recover lost time or for any other purpose, on any past four.
Saturday after half-past four of the clock in the afternoon." Additional regula- Sect. 36. “ That the times allowed for meal times as provided by the tions as to meal
factory act shall be taken between the hours of half-past seven in the morning and half-past seven in the evening of every day, and one hour thereof at the least shall be given, either the whole at one time or at different times, before three of the clock in the afternoon; and no child or young person shall be employed more than five hours before one of the clock in the afternoon of any day without an interval for meal time of at least thirty minutes; and during any meal time which shall form any part of the hour and a half allowed for meals no child or young person shall be employed or allowed to remain in any room in which any manufacturing process is then carried on; and all the young persons employed in a factory shall have the time for meals at the same period of the day, unless some alteration for special cause shall be
allowed in writing by an inspector.” Additional regula. Sect. 37. “That each of the half holidays required by the factory act tions as to holi
to be given shall comprise not less than one half of the day, and during days.
such time no young person shall be employed in the factory; and that at least four of such half holidays shall be given between the 15th day of March and the 1st day of October in each year to every young person who shall be employed in the factory during the whole of such period; but no cessation from work shall be deemed a half holiday, unless notice of such half holiday, and of the time of such cessation from work, shall have been fixed up on the preceding day in the entrance of the factory, and in any other place that the inspector or sub-inspector may direct; and that in addition to such eight half days no child or young person
shall be allowed to work in any factory on Christmas Day or Good Factories. Friday, in England or Ireland; and in Scotland no child or young per- vint
7 Vict. c. 15. son shall be allowed to work on any day the whole of which is set apart by the church of Scotland for the observance of the sacramental fast in the parish in which the factory is situated.”
Sect. 38. “That, save as herein otherwise provided, the parent or per- Additional regulason having any direct benefit from the wages of any child employed in tions for the at:
tendance of child. a factory shall cause such child to attend some school on the day after ren at school. the first employment of such child, and thenceforth on each working day of every week during any part of which the said child shall continue in such employment; so that on every such day, except in the cases hereinafter provided, such child shall attend school during at least three hours after the hour of eight of the clock in the morning and before the hour of six of the clock in the evening: Provided always, that any child attending school after one of the clock in the afternoon shall not be required to remain in school more than two hours and a half on any one day between the 1st day of November and the last day of February, and no child shall be required to attend school on any Saturday, and the non-attendance of every such child shall be excused on every day on which such child shall be certified by the schoolmaster to have been prevented by sickness or other unavoidable cause from attending the school, and during any holiday or half holiday authorized by this act, or by consent in writing of the inspector of the district in which the factory is situated, or, where the school-room is situated within the outer boundary of the factory at which such child is emploved, on every day on which the school shall be closed in consequence of the said factory ceasing to be at work during the whole day."
Seet. 39. “ That no schoolmaster's tickets or vouchers shall be re- Occupier of facquired or valid other than is hereinafter provided, and that the occupier tory to obtain
school certificate; of every factory in which a child is employed shall on Monday in every week after the first week in which such child began to work in the factory, or on any other day appointed for that purpose by an inspector, obtain a certificate from a schoolmaster, according to the form and directions given in the schedule (A) to this act annexed, that such child has attended school as required by this act during the foregone week; and such occupier shall keep such certificate for six months after the date thereof, and shall produce the same to any inspector or sub-inspector when required during such period, and shall, when required by the inspector for the district, pay to the schoolmaster of such child, or to such and to pay school other person as the said inspector may direct, towards the expenses of fees, educating such child, such sum as the inspector may require, not exceeding id. per week, and shall be entitled to deduct from the wages payable to sach child any such sum as he shall have been required to pay for such expenses, not exceeding the rate of one-twelfth part of the weekly wages of such child: Provided always, that if an inspector, on Inspector may, by his personal examination, or on the report of a sub-inspector, shall be of notice, annul the
certificate of any opinion that any schoolmaster who grants certificates of the school at- schoolmaster tendance of children employed in a factory is unfit to instruct children, found unfit. by reason of his incapacity to teach them to read and write, from his gross ignorance, or from his not having the books and materials necessary to teach them reading and writing, or because of his immoral condoet, or of his continued neglect to fill up and sign the certificates of sebool attendance required by this act, the inspector of the district may annul any certificate granted by such disqualified schoolmaster, by a Dotice in writing addressed to the occupier of the factory in which the children named in the certificate are employed, or his principal agent, setting forth the grounds on which he deems such schoolmaster to be unfit; and after the date of such notice no certificate of school attend. ance granted by such schoolmaster shall be valid for the purposes of
Factories. this act, unless with the consent in writing of the inspector of the dis7 Vict. c. 15.
trict; but no inspector shall annul any such certificate unless in the aforesaid notice he shall name some other school situated within two
miles of the factory where the children named in the certificate are emAppeal.
ployed: Provided also, that any schoolmaster whose certificate shall have been annulled, or the occupier of the factory in which the children named in the said certificate are employed on behalf of the schoolmaster, may appeal to the secretary of state against such decisions of the inspector, and the secretary of state may, if he think fit, rescind such decision: provided also, that every inspector shall in his annual report to the secretary of state for the home department state the instances, if any, in which he shall have had occasion to annul any such certificate, together with the reasons which he has in each case assigned for so
doing." Repeal of part of Sect. 40. “ That so much of the factory act as limits the time for pre3 & 4 Will. 4,
ferring complaints for offences against the said act, and as requires any written notice to be given of the intention to prefer any complaint for such offence, and as fixes any penalty or punishment for offences against the said act, and as relates to the procedure for convicting any person of any offence against the said act, and for levying or inflicting the penalty or punishment imposed, and for appealing against any such conviction, and as specifies the circumstances under which any penalties and punishments shall not be levied or inflicted, and as relates to the ap
plication of penalties, shall be repealed.” Occupier of the Sect.41. “That the occupier of any factory in which any offence against factory to be liable for offences against
this act has been proved to have been committed, and for which a pecuthis act in the first niary penalty may be imposed, shall in every case (save as hereinafter instance.
provided) be deemed in the first instance to have committed the offence, and shall be liable to pay the penalty; but any occupier who shall have been proceeded against by any inspector or sub-inspector shall be entitled, upon complaint or information duly made by such occupier, to have any agent, servant, or workman whom he shall charge as the actual offender brought by summons before the justices at the time appointed for hearing the complaint made against him by the inspector or sub-inspector; and if after the commission of the offence has been proved the occupier of the factory shall prove, to the satisfaction of the justices, that he had used due diligence to enforce the execution of the act, and that the said agent, servant, or workman had committed the offence in question without his knowledge, consent, or connivance, the said agent, servant, or workman shall be convicted of such offence, and shall pay the penalty instead of the occupier of the factory; and the payment of such penalty and costs shall be enforced against the agent, servant, or workman in like manner as penalties are made recoverable by this act: Provided always, that, when it shall be made to appear to the satisfaction of the inspector or sub-inspector, at the time of discovering the offence, that the occupier of the factory had used all due diligence to enforce the execution of this act, and also by what person such offence had been committed, and also that it had been committed without the personal consent, connivance, or knowledge of the occupier, and in contravention of his orders, then the inspector or sub-inspector shall proceed against the person whom he shall believe to be the actual offender in the first
instance, without first proceeding against the occupier of the factory." Notice of com Sect. 42. “That notice in writing of an intention to prefer a complaint plaints of un
that a child or young person had been employed in a factory in which guarded machinery.
sufficient means had not been employed or continued for protecting the workers from being wetted, or for preventing the escape of steam into the room occupied by the workers, or that any part of the aforesaid machinery, hoist or teagle, or wheel-race, has not been securely fenced,