SCHEDULES to which the foregoing Act 27 & 28 VICT. refers. FIRST SCHEDULE. Manufactures and Employments to which Act The manufacture of earthenware, except bricks SECOND SCHEDULE. Definition of the word "Factory” (b). In the manufacture of earthenware, except as aforesaid: Any place in which persons work for hire in (z) See s. 2, supra. C. 48. 1st Sched. 2nd Sched. (a) Although the manufacture of bricks and tiles, not being ornamental tiles, has not been expressly subjected to the provisions of the Factory Acts, but falls only under the general terms of 30 & 31 Vict. c. 103, s. 3, sub-s. 7, post; and of 30 & 31 Vict. c. 146 (The Workshop Regulation Act, 1867), it has now been specially enacted, that no female under the age of sixteen years, and no child under the age of ten years, shall be employed therein, and that any female or child who is so employed shall be deemed to be employed contrary to the provisions of the Factory Acts, 1833 to 1871, and the Workshop Acts, 1867 to 1871. 34 & 35 Vict. c. 104,s. 5; post. (b) See s. 6, sub-s. 1; supra. And see the definition of "factory," under the Factory Act, 1844, ante, p. 124; and under the Factory Acts Extension Act, 1867; post, p. 192. 27 & 28 VICT. c. 48. 2nd Sched. making or assisting in making, finishing or assisting in finishing, earthenware of any description. In the manufacture of lucifer matches: Any place in which persons work for hire in making lucifer matches, or in mixing the chemical materials for making them, or in any process incidental to making lucifer matches, except the cutting of wood. In the manufacture of percussion caps: Any place in which persons work for hire in making percussion caps, or in mixing or storing the chemical materials for making them or in any process incidental to making percussion caps. In the manufacture of cartridges : Any place in which persons work for hire in In the employment of paper staining: In the employment of fustian cutting: Any place in which persons work for hire in fustian cutting. For the purposes of this Act an apprentice shall be deemed to be a person working for hire. No building or premises used solely for the purpose of a dwelling house shall be deemed to be a factory or part of a factory within the meaning of this Act. 191 THE FACTORY ACTS EXTENSION АСТ, 1867. An Act for the Extension of the Factory 30 & 31 VICT. [15th August, 1867.] Acts (a). WHEREAS it is expedient to amend and extend the Acts relating to factories: Be it enacted by c. 103. (a) All the Factory Acts, 1833 to 1871, are to be construed together as one Act. 34 & 35 Vict. c. 104, s. 2; post. This Act was founded upon the recommendations contained in the 2nd, 3rd, 4th, and 5th reports of the Children's Employment Commission (1862), and extends the application of the Factory Acts not only to the considerable number of trades and manufactures specifically mentioned (s. 3, infra.), but also, generally, to any premises constituting one trade establishment, where fifty or more persons are employed in any manufacturing process; infra, s. 3, sub-s. 7. In the same session was also passed "The Workshop Regulation Act, 1867" (30 & 31 Vict. c. 146); whereby "workshops" (i.e., trade establishments smaller than those which, as "factories," come within the operation of the Factory Acts) are made subject to a series of provisions, similar to those contained in the Factory Acts, respecting the ages of children employed, the hours of employment, the school attendance of the children, meals, and some other matters; post. A "workshop" being thereby defined as any room or place in which any handicraft is carried on by any child, young person, or woman, and to which, and over which, the person by whom such child, young person, or woman, is employed, has the right of access and control. 30 & 31 Vict. c. 146, s. 4; post. The passing of these two statutes of 1867, extending, as they did, the principles of the Factory Acts to almost every kind of labour which had not been previously brought within the operation of those Acts, or was not regulated by some special statute, was an important epoch in the history of legislation concerning the employment of labour; and, as has been authoritatively stated, affected c. 103. 30 & 31 VICT. 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: Short title. Application of Act. General definitions. "Factory." Preliminary. I. This Act may be cited for all purposes as "The Factory Acts Extension Act, 1867." II. This Act shall apply to the whole of the United Kingdom (b). III. For the purposes of this Act the following words shall in this Act and in the Acts incorporated herewith, hereinafter included under the expression this Act, have the meanings hereby applied to them (c), unless there is something in the context inconsistent with such meanings; that is to say, "Factory" shall mean as follows: 1. Any blast furnace (d) or other furnace or premises in or on which the process of smelting or otherwise obtaining any metal from the ores is carried on (which furnace or premises are hereinafter referred to as a blast furnace): 2. Any copper mill : 3. Any mill, forge, or other premises in or on which any process is carried on for the well-being and condition of nearly 1,400,000 persons. (Paterson's Statutes (1867), p. 219). (b) All the Factory Acts and Workshop Acts apply to the whole of the United Kingdom. See INTRODUCTION. (c) For the definitions under the Factory Acts generally, see 7 & 8 Vict. c. 15, s. 73, & n. (t) thereto, ante, pp. 122, 128. For those under the Workshop Acts, 30 & 31 Vict. c. 146, s. 4; post. And see n. (n), infra. (d) Some special provisions are made in respect of blast furnaces. Infra, ss. 7, 14, 15; sch., par. 16, 17, 18, 19. c. 103. s. 3. converting iron into malleable iron, 30 & 31 VICT. 5. Any premises in which steam, water, or (a.) In the manufacture of machinery: (e) So also in respect of iron mills; infra, ss. 14, 15, sch., 17, 18, 19. (f) But "any premises or places on which the process of founding or casting any metal is carried on by not more than five persons, and as subsidiary to the repair or completion of some other work, are not, by reason only of such founding or casting to be deemed to be a factory within the meaning of this Act. S. 13, infra. And see sch., par. 18, for a special provision in respect of foundries. (g) See s. 7, sub-s. 3, for a special provision respecting the metal trades. A company carried on very large works, comprising the business of blast furnaces, iron rolling mills, engine building, and iron ship building in all its branches. The whole of the several branches communicated, and were open from one end to the other, and were within one common boundary. A boy was employed as a rivet-boy, and in the department where he worked steam machinery was in use for cutting and shaping iron plates, and rivets were heated there, both the plates and the rivets being used in the manufacture of a ship. It was held by the Court of Queen's Bench that the department in which the boy was employed was a "factory" within the definition of this sub-section. Palmer's Ship Building Company v. K |