FACTORY AND WORKSHOPS INSPECTION.

Factory to be well cleansed

The 27 & 28 VICT. CAP. 48, SECT. 4, enacts that

Every factory to which this Act applies shall be kept in a cleanly state, and be ventilated in such a manner as to render harmless so far as is and venti- practicable any gases, dust, or other impurities generated in the process of manufacture, that may be injurious to health.

lated.

Extension of provision relating to ventilation to factories.

The occupier who fails is liable to a penalty not exceeding £10, nor less than £3.

The court may in addition to, or instead of inflicting any penalty, make an order directing that within a certain time to be named, certain means are to be adopted by the occupier for the purpose of bringing his factory into conformity with this section.

The time may be enlarged, but noncompliance is to be a continuing offence, and punishable by a penalty as in 26 & 27 Vict. c. 40. s. 4, ante.

The 30 & 31 Vict. c. 103, s. 9, enacts that :

In every factory where grinding, glazing, or polishing on a wheel, or any other process is carried on by which dust is generated and inhaled by the workmen to an injurious extent, if it appears to the inspector of factories that such inhalation could be to a great extent prevented by the use of a fan or other mechanical means, it shall be lawful for the inspector to direct a fan or other such means, of such construction as may from time to time be approved of by one of Her Majesty's principal secretaries of state, to be provided by the occupier of the factory within a reasonable time, and if such occupier fail to comply with such direction he shall be deemed to have failed to have kept his factory in conformity with the 4th section of the Factories Act Extension Act, 1864, (i. e. 27 & 28 Vict. c. 48,) and shall be punishable accordingly.

In the 30 & 31 Vict. c. 146, "The Workshop Regulation Act, 1867," s. 8, the same provision is made in respect of every workshop where such process as above described is carried on, such workshop not being a factory or part of a factory subject to the jurisdiction of the inspector of factories, nor a bakehouse as defined by the above Act 26 & 27 Vict. c. 40, the local authority however being introduced in addition to the inspector of factories.

It is convenient however to cite the following definitions from sect. 4.

definitions.

IV. The following words and expressions shall in this Act have the General meanings hereby assigned to them, unless there is something in the context inconsistent with such meanings; that is to say, "Child" shall mean a child under the age of thirteen years: Young Person" shall mean a person of the age of thirteen years and under the age of eighteen years:

Woman ""

upwards:

shall mean a female of the age of eighteen years or

"Parent" shall mean parent, guardian, or person having the custody
of or control over any such child or young person:
"Employed" shall mean occupied in any handicraft, whether for
wages or not, under a master or under a parent as herein defined:
"Handicraft" 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:

"Workshop" shall mean any room or place whatever, whether in the
open air or under cover, 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:

"The Court" shall include any justice or justices,

magistrate or magistrates, to whom jurisdiction is given by this Act.

appointed

IX. If, on the complaint of any officer of health, inspector of nuisances, Power to or other officer appointed by a local authority, or of any superintendent officers of police, it appears to any justice of the peace that there is reasonable by local cause for believing that any of the provisions of this Act or of the &c. to enter authority, Sanitary Act, 1866 (a), are contravened in any workshop, it shall be workshops. lawful for such justice, by order under his hand, to empower the

See 29 & 30 Vict. c. 90, ante, in this Appendix.

Penalty on persons refusing admission.

Power to inspector or

of factories

to enter

complainant to enter into such workshop at any time within forty-eight hours from the date of such order, and to examine such workshop; and any person so empowered may examine, touching any matter within the provisions of this Act or of the Sanitary Act, 1866 (a), so far as relates to such workshop, any person whom he finds in such workshop.

Any person refusing admission to any person so empowered, or obstructing him in the discharge of his duty, shall for each offence incur a penalty not exceeding twenty pounds.

X. Any inspector or sub-inspector of factories may, when any person sub-inspector is at work at any handicraft, enter any workshop and inspect the condition thereof, and examine, touching any matter within the provisions of this Act or of the Sanitary Act, 1866 (a), so far as relates to and inspect such workshop, the persons therein, provided that he report to one of Her Majesty's principal secretaries of state the fact of such entry, and the condition of the workshop, in his next half-yearly report.

workshops

condition

thereof.

Penalty on obstructing inspector,

&c.

Local au

thority to enforce

Act.

Any person obstructing any inspector or sub-inspector in making such entry as aforesaid, or in his inspection of a workshop, shall for each offence be liable to a penalty not exceeding twenty pounds.

Section XII. Relates to the recovery of penalties, and is the same as that already printed on pages 460, 467, with the following addition : The court imposing any penalty under this Act may direct the whole or any part thereof to be applied in or towards the payment of such costs of the proceedings as the court thinks just (including compensation for loss of time to the person upon whose information such penalty was recovered), and, subject as aforesaid, all penalties shall be applied in the manner directed by the Acts referred to in this section.

Section XIII. describes the local authority to which the Act applies by reference to a schedule (the second) set out below.

XVIII. It shall be the duty of the local authority to enforce within their jurisdictions the provisions of this Act, so far as relates to any powers or authorities conferred on the local authority by this Act, and all expenses incurred by them in enforcing the same may be defrayed out of any funds in their hands, or any rates leviable by them and applicable to any purpose relating to the improvement, paving, cleansing, or management of the places within their jurisdiction, or, in cases where the local authority is in the receipt of any poor rate, out of any such rate.

(a) See 29 & 30 Vict, c, 90, ante, in this Appendix,

XIX. Where any proceedings are taken against any person in respect Provision as to pleading of any offence under this Act committed in or relating to a workshop, it that workshall not be competent for the defendant to prove that such workshop is shop is a factory. a factory within the meaning of any Act for regulating factories unless he has previously given notice of its being a factory to the inspector of factories in manner required by any Act of parliament in that behalf.

This Act contains many clauses relating to the working of women and children in workshops, and to the education of children employed therein, but they are omitted here as this Appendix is already perhaps too much extended.

The schedule sets out the jurisdiction of the local authority in one column, and describes the local authority in another, among others there is this entry :

THE TOWNS IMPROVEMENT CLAUSES

ACT, 1847.

10 & 11 VICT. CAP. 34.

An Act for consolidating in one Act certain Provisions usually con-
tained in Acts for Paving, draining, cleansing, lighting, and im
proving Towns.
[21st June, 1847.]

Interpreta.

tions in this and the

III. The following words and expressions in both this and the special Act, and any Act incorporated therewith shall have the meanings hereby special Act. assigned to them, unless there be something in the subject or context repugnant to such construction (a); (that is to say,)

"Street:""

" County :"

"Owner"

"Cattle."

Officers.

The word "street" shall extend to and include any road, square, court, alley, and thoroughfare within the limits of the special Act: The word "county" shall include riding or other division of a county having a separate commission of the peace, and shall also include county of a city or county of a town:

The word " owner," used with reference to any lands or buildings in respect of which any work is required to be done, or any rate to be paid under this, or the special Act, shall mean the person for the time being entitled to receive, or who, if such lands or buildings were let to a tenant at rackrent, would be entitled to receive the rackrent from the occupier thereof:

The word "cattle" shall include horses, asses, mules, sheep, goats, and swine.

VII. Enables the commissioners to appoint a local surveyor of the paving, drainage, and other works authorized under the provisions of this and the special Act.

(a) Number, gender, person, lands, month, superior courts, oath, justices, twe Justices, quarter sessions, are defined as in 11 & 12 Vict. c. 63, s. 2, ante.