174

24 & 25 VICT. c. 117.

C. 103.

7 & 8 Vict. c. 15.

C. 29.

24 & 25 VICT. c. 117.

An Act to place the Employment of Women, young Persons, Youths, and Children, in Lace Factories under the Regulations of the Factories Acts (a).

[6th August, 1861.]

WHEREAS it is expedient to regulate the em

3 & 4 W. 4, ployment of females, young persons, youths, and children in lace factories, and to provide for the education of such children: And whereas an Act was passed in the fourth year of His late Majesty, intituled An Act to regulate the Labour of Children and young Persons in Mills and Factories in the United Kingdom: And whereas an Act was passed in the seventh year of the reign of 10 & 11 Vict. Her present Majesty, intituled An Act to amend the Laws relating to Labour in Factories: And whereas an Act was passed in the tenth year of the reign of Her present Majesty, intituled An 13 & 14 Vict. Act to limit the Hours of Labour of young Persons and Females in Factories: And whereas an Act was passed in the fourteenth year of the reign of 16 & 17 Vict. Her present Majesty, intituled An Act to amend the Acts relating to Labour in Factories: And whereas an Act was passed in the seventeenth year of the reign of Her present Majesty, inti19 & 20 Vict. tuled An Act further to regulate the Employment of Children in Factories: And whereas an Act

c. 54.

c. 104.

c. 83 (sic).

(a) There is no short title given by the Legislature to this, as to the other Factory Acts. Nor is it included in the expression, "The Factory Acts, 1833 to 1871." 34 & 35 Vict. c. 104, s. 2; post.

c. 117.

was passed in the twentieth year of the reign of 24 & 25 VICT. Her present Majesty, intituled An Act for the further Amendment of the laws relating to Labour in Factories: Be it therefore 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:

Recited Acts

to apply to

employment

sons, youths,

therein.

I. That from and after the first day of August lace factories one thousand eight hundred and sixty-two the and to the powers and provisions of the hereinbefore recited of females, Acts shall apply and be held to apply to lace young per factories (b), and to the employment of females, and children young persons, youths (c), and children in lace factories, to all intents and purposes as completely and effectually as if such lace factories had been mentioned and included in the provisions of the Youths beherein before recited Acts or any of them, except age of sixteen as is hereinafter mentioned (d).

tween the

and eighteen may be em

tween 4 a.m.

II. Nothing in the said recited Acts con- ployed betained (e), or in this Act, shall be held to prevent and 10 p.m., the employment in any lace factory of any youth of the age of sixteen and under eighteen, between hours bethe hours of four of the clock in the morning hours.

but not more than nine

tween those

(b) Lace factories had been excepted from the operation of the Factory Acts (7 & 8 Vict. c. 15, s. 73; ante, p. 127): and those regu. lated by this Act are expressly excluded from the provisions of the Factory Acts Extension Act, 1867. 30 & 31 Vict. c. 103, s. 5, sub-s. 4; post.

(c) For the interpretations of the terms, "lace factories," "young person," and "youth," see s. 4; infra.

(d) See ss. 5, 6, infra.

(e) For the general provisions of the Factory Acts as to the hours between which employment is lawful, see 13 & 14 Vict. c. 54, s. 1 ; 16 & 17 Vict. c. 104, s. 1; and the notes there respectively. Ante, pp. 155, 168.

c. 117.

24 & 25 VICT. and ten of the clock at night; provided nevertheless, that if any such youth shall be employed earlier than six of the clock in the morning or later than six of the clock in the evening of any day, in every such case it shall not be lawful to employ such youth for a longer period than nine hours on such day; and provided also, that it shall not be lawful to employ any youth both earlier than six of the clock in the morning and later than six of the clock in the evening of the same day, nor to employ any youth both later than six of the clock in the evening of any day and earlier than six of the clock in the morning of the next succeeding day; and in every such case the owner of the lace machine (ƒ), or if such machine is let out for hire the person hiring such machine, in or about or in immediate connexion with which such youth shall have been so employed, shall, every day except Sundays, before twelve of the clock at noon, register or cause to be registered in a book, first approved of by an inspector, in the form given in schedule A. (g) to this Act annexed, the hours within which every such youth shall severally have been employed during the working day last passed.

Agents or workmen may be

summoned

for acting

contrary to the Act

III. If any offence shall be committed against this Act, for which the owner or the hirer of any lace machine is hereby made responsible, and it shall be made to appear to the satisfaction of any owner, &c. justices that the offence has been committed by

without the knowledge

of the

(f) See the definition of "lace machine," s. 4, infra. Thus, the owner or hirer of the machine is rendered liable, whether he be the occupier of the factory or not. And see 30 & 31 Vict. c. 103, sch., par. 27; post.

(g) See infra, p. 179, sch. (A.). For the general provisions as to the registers required to be kept at factories, see 7 & 8 Vict. c. 15, s. 27; ante.

c. 117.

or under the authority of some agent, servant, or 24 & 25 VICT. workman (h) of the owner or hirer of such machine, without the personal consent, concurrence, or knowledge of such owner or hirer, it shall be lawful for such justices to summon such agent, servant, or workman before them to answer for such offence; and such agent or servant or workman, if convicted, shall be liable to the penalties and punishment for such offence specified in the said recited Acts, and such justices may convict such agent or servant or workman in lieu of such owner or hirer (i).

tion of terms.

IV. In the construction of this Act, the word Interpreta"lace factories" shall be understood to mean factories in which machines for the manufacture of lace are moved by steam or water power; and the word "lace machine " shall be taken to mean a lace machine moved by steam or water power; and the words "agent," servant," and "workman," shall be taken to mean any person receiving a salary, wages, payment, or remuneration for any description of service or work performed in or about or in immediate connexion with any such machine; and no agent, servant, workman, or other person employed upon the dressing or finishing of lace, or upon any other process subsequent to the making of lace upon the lace machine, shall be deemed to be included within the provisions of this Act (k); and the words young person" shall be taken to mean a female of thirteen and under eighteen years of age, and a male of thirteen and under sixteen years of age; and the word "youth" shall be taken

66

(h) See the interpretation of these terms in the next section. (i) See the similar provision of 7 & 8 Vict. c. 15, s. 41; ante. (k) This seems to amount to a general exemption from the operation of the Act of all persons employed as here mentioned.

24 & 25 VICT. to mean a male of sixteen and under eighteen

c. 117.

Certain pro

visions of

years of age (1).

V. The provisions of the said recited Acts (m), recited Acts So far as they relate to the recovery of lost time, not to extend shall not extend to lace factories.

to lace factories; nor those

VI. The provisions of the said recited Acts (n) in regard to requiring machinery to be fenced off fencing ma- shall not extend to lace factories (o).

relating to

chinery.

(1) Compare the interpretations of terms here given with those of the Factory Act, 1844. 7 & 8 Vict. c. 15, s. 73, ante.

(m) These provisions are, 3 & 4 Will. 4, c. 103, ss. 3, 4, 5; 7 & 8 Vict. c. 15, ss. 33, 34; 13 & 14 Vict. c. 54, ss. 4, 5; 16 & 17 Vict. c. 104, s. 3.

(n) These provisions are, 7 & 8 Vict. c. 15, ss. 21, 42, 43; 19 & 20 Vict. c. 38, ss. 4, 5, 6.

(0) But the fact that these provisions do not extend to lace factories does not exempt the owner or occupier from his obligation at common law to take due care, and to use all reasonable means to guard against and prevent any defects from which increased and unnecessary danger may arise. See Holmes v. Clarke, 7 H. & N. 937; 31 L. J. Exch. 356; 9 L. T. N. S. 178; Grizzle v. Frost, 3 F. & F. 622; and the notes to 7 & 8 Vict. c. 15, s. 21; ante, p. 73.