269 APPENDIX. ABSTRACT OF THE FACTORY ACTS AND THE FACTORY ACTS EXTENSION ACT, 1867. Directed by the Right Hon. GATHORNE HARDY, one of Her Majesty's Principal Secretaries of State, to be fixed on a movable board, and hung up in the entrance of every factory, in pursuance of the 28th section of the 7th Vict. c. 15 (a). (a) By virtue of 7 & 8 Vict., c. 15 (the Factory Act, 1844), s. 28, ante, p. 79, and the subsequent Acts extending the provisions of that Act to other factories, it is required, that such abstract of the Factory Acts as shall be directed by one of Her Majesty's Principal Secretaries of State, shall be fixed on a movable board, and hung up, as soon as received by the occupier or his agent, in the entrance of the factory, and in such other places as the inspector or subinspector of the district may direct. Such abstracts, accordingly, have been approved by the Secretary of State for the Home Department, and can be procured at the Factory Inspectors' Office, 10, Whitehall, London; and also at John Smith & Co.'s, 52, Long Acre, London. It has been thought expedient to set out one of these abstracts for the reason (amongst others) that, although not to be relied upon as an authoritative exposition of the law, it affords a convenient summary of the principal provisions of the Factory Acts. See INTRO DUCTION. 66 EXPLANATION OF WORDS. 'FACTORY" shall mean as follows (b): 1. Any blast furnace 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 converting iron into malleable iron, steel, or tin plate, or for otherwise making or converting steel (which mills, forges, and other premises are hereinafter referred to as iron mills): 4. Iron foundries, copper foundries, brass foundries, and other premises or places in which the process of founding or casting any metal is carried on: 5. Any premises in which steam, water, or other mechanical power is used for moving machinery employed (a.) In the manufacture of machinery : (b.) In the manufacture of any article of metal not being machinery: (c.) In the manufacture of india-rubber or gutta-percha, or articles made wholly or partly of india-rubber or gutta-percha : (b) This explanation of the word "factory" confines the applicability of the abstract to such factories only as fall within the interpretation clause of the Factory Acts Extension Act, 1867 (30 & 31 Vict. c. 103, s. 3, ante, p. 192). But factories which are subject to the Factory Act, 1844 (7 & 8 Vict. c. 15, ante, p. 48), the Act Regulating Lace Factories (24 & 25 Vict. c. 117, ante, p. 174), and the Factory Acts Extension Act, 1864 (27 & 28 Vict. c. 48, ante, p. 180), are excluded from the provisions of that Act. Id., s. 5, ante, p. 197. 6. Any premises in which any of the following manufactures or processes are carried on; namely, (a.) Paper manufacture : (b.) Glass manufacture : 7. Any premises, whether joining or separate, in the same occupation, situate in the same city, town, parish, or place, and constituting one trade establishment, in, on, or within the precincts of which fifty or more persons are, or have been during the preceding year, employed in any manufacturing process: And every part of a factory shall be deemed to be a factory, except such part, if any, as is used exclusively as a dwelling.-30 & 31 Vict., c. 103, s. 3. Fifty or more persons shall for the purposes of the Factory Acts Extension Act, 1867, be deemed to continue to be employed in any factory during the year 1868 and any succeeding year, if that number of persons has during the preceding year been employed in any manufacturing process in such factory for any period or periods amounting in the whole to 100 days.-30 & 31 Vict., c. 103, s 12. "MANUFACTURING PROCESS" shall mean any manual labour exercised by way of trade or for purposes of gain in or incidental to the making any article or part of an article, or in or incidental to the altering, repairing, ornamenting, finishing, or otherwise adapting for sale any article.-30 & 31 Vict., c 103, s. 3. 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, shall not, by reason only of such founding or casting, be deemed to be a factory within the meaning of this Act.--30 & 31 Vict., c. 103, s. 13. "CHILD" means a child under thirteen years of age.7 Vict., c. 15, s. 73. "YOUNG PERSON means a person of thirteen and under eighteen years of age.-7 Vict., c. 15, s. 73. PARENT" means parent, guardian, or person having the legal custody of any child or young person.-7 Vict., c. 15, s. 73. “EMPLOYMENT."--Any person working, whether for wages or not, or as a learner or otherwise, either in any manufacturing process, or in any labour incident to any manufacturing process, or in cleaning any part of the factory, or in cleaning or oiling any part of the machinery or in any kind of work whatsoever, save as hereinafter excepted, is deemed to be "employed."-7 Vict., c. 15, s. 73. "MILL-GEARING" comprehends every shaft, whether upright, oblique, or horizontal, and every wheel, drum, or pulley by which the motion of the first moving power is communicated to any machine appertaining to the manufacturing process.-7 Vict., c. 15, s. 73. Nothing in the Factory Acts extends to any YOUNG PERSON being a mechanic, artisan, or labourer, working only in making and repairing the machinery, or any part of the factory.-7 Vict., c. 15, s 73. The enactments respecting the hours of labour do not apply to young persons employed solely in packing goods in a warehouse, or part of a factory not used for any manufacturing process, or for any labour incident to a manufacturing process -7 Vict., c. 15, s. 73. POWER OF INSPECTORS AND SUB-INSPECTORS. Every inspector and sub-inspector has power to enter any factory when any person is employed therein, and any school in which children employed in factories are educated, and to take with him the certifying surgeon and any peace officer, and to examine every person whom he shall find in such factory or school, or whom he shall believe to have been employed in a factory within two months next preceding. And every person who shall refuse to be examined, or who shall refuse to sign his name or affix his mark to a declaration of the truth of the matters respecting which he shall have been examined, or who shall conceal or prevent any person from appearing before or being examined by an inspector or sub-inspector, or who shall prevent or delay the admission of an inspector or subinspector to any part of a factory or school, is liable to a penalty of not less than three, and not more than ten pounds.-7 Vict. c. 15, ss. 3, 61. Every inspector and sub-inspector may summon offenders and witnesses.—7 Vict. c. 15, s. 50. Every inspector and sub-inspector will produce a certificate of his appointment if required.30 & 31 Vict. c. 103, s. 11. ABSTRACT AND NOTICES. This abstract and the following notices, written or printed in legible characters, and fixed on movable boards (each particular notice being signed by the occupier of the factory or his agent), must be hung up in the entrance of every factory, and so placed as to be easily read by the persons employed.-7 Vict. c. 15, s. 28, and Sch. C. 1. The names and addresses of the inspector and subinspector of the district.-7 Vict. c. 15, s. 28, and Sch. C. 2. The name and address of the surgeon who grants certificates for the factory. - 7 Vict. c. 15, s. 28, and Sch. C. 3. A notice of the clock by which the hours of work are regulated; which clock must be a public clock, or some other clock open to public view, approved by an inspector or sub-inspector,-7 Vict. c. 15, ss. 26, 28, and Sch. C. |