244 33 & 34 VICT. c. 62. Short title. THE FACTORY AND WORKSHOP An Act to amend and extend the Acts re- WHEREAS it is expedient to extend the Acts relating to factories to print works and bleaching and dyeing works, and to amend the Acts relating to factories and workshops: Be it 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: Preliminary. I. This Act may be cited as "The Factory and Workshop Act, 1870." (a) The main object of this Act is to bring print works and bleaching and dyeing works (which were previously exempt from the operation of the Factory Acts, and were respectively regulated by the special Acts, 8 & 9 Vict. c. 29, and 23 & 24 Vict. c. 78, with the Acts amending them) within the operation of the Factory Acts Extension Act, 1867, and so subject them to the general provisions of the Factory Acts. The only portion of the Act which affects "workshops" consists of 5. 6, and the 2nd schedule, infra. PART I.-PRINT WORKS AND BLEACHING AND DYEING WORKS. 33 & 34 VICT. c. 62. of Act. II. This part of this Act shall be construed as Construction one with the Factory Acts Extension Act, 1867 (b), in this part of this Act referred to as the principal Act. III. In this Act-(c) The term "bleaching and dyeing works " (e) Definition of terms. (b) 30 & 31 Vict. c. 103. All the Factory Acts are now construed together as one Act. So, in like manner, are all the Workshop Acts construed. 34 & 35 Vict. c. 104 s. 2; post. (c) The works included in this section had been excepted from the Factory Act, 1844, s. 73, n. (p, q); and were subsequently regulated by the special Acts now repealed. See infra. (d) The definition of the term "print work" given by the repealed Act was, "any building or shed, and any part thereof within which any persons are employed to print figures, patterns, or designs by means of blocks or cylinders, or by means of any other tool, instru ment, or mechanism upon any woven fabric of cotton, wool, hair, fur, silk, flax, hemp, or jute, either separately or mixed together, or mixed with any other material; or upon any felted fabic of wool or fur, either separately or mixed with any other material; or upon any cotton, linen, woollen, worsted, or silken yarn." 8 & 9 Vict. c. 29, s. 2. See Hardcastle v. Jones, 3 B. & S. 153; 32 L. J. M. C. 49; 9 Jur. N. S. 19; 11 W. R. 36; 7 L. T. N. S. 322; Hoyle v. Oram 12 C. B. N. S. 124; 31 L. J. C. P. 213; 8 Jur. N. S. 1154, for decisions upon the Act. (e) By the repealed Act, the words "bleaching works” and “dyeing works" were defined respectively to mean “any building, buildings, or premises in which females, young persons, and children, or any of 33 & 34 VICT. c. 62. Application of Factory Acts to print werks ing and dye and bleach ing works. means any premises, whether in the open air or not, in which the processes of bleaching, beetling, dyeing, calendering, finishing, hooking, lapping, and making up and packing any yarn or cloth of any material, or the dressing or finishing of lace, or any one or more of such processes, or any process incidental thereto, are or is carried on. IV. After the 1st day of January, 1872, the principal Act (f) and the schedule thereto (containing the permanent modifications) shall apply to print works and bleaching and dyeing works (g) in the same manner in all respects as if the word "factory" had been defined by section three of the principal Act (h) to mean print works and them, are employel, and in one or more of which buildings or premises any process previous to packing is carried on in the occupation of bleaching, dyeing, or finishing of any yarn or cloth of cotton, silk, wool, or flax, or of any of them, or any mixture of them, or any yarn or cloth of any other material or materials, and in one or more of which processes steam, water, or other mechanical power is used or employed." 23 & 24 Vict. c. 78, s. 7. It having been decided in the case of Howarth v. Coles, 12 C. B. N. S. 139; 31 L. J. C. P. 262; 6 L. T. 785; 9 Jur. N. S. 251; that "finishing" was not within 23 & 24 Vict. c. 78, unless carried on as incidental to the operation of bleaching or dyeing, the 26 & 27 Vict. c. 38, extended the term "bleaching works" to premises in which the process previous to packing was carried on, in the occupation of calendering or finishing of any yarn, &c.; and 27 & 28 Vict. c. 98, extended 23 & 24 Vict. c. 78, to the employment in any building or premises in the processes of finishing, hooking, or lapping, or of making up and packing any yarn, &c. All these Acts, however, are now replealed. Infra, s. 5 ; and 3rd schedule. See Hardcastle v. Jones, ubi supra. (f) 30 & 31 Vict. c. 103, s. 2, of this Act. (g) As defined in the foregoing section. (h) 30 & 31 Vict. c. 103, s. 3; ante. bleaching and dyeing works, subject, nevertheless, 33 & 34 VICT. to the following qualification: c. 62. The schedule to the principal Act shall be construed as if there were contained in that schedule the permanent modifications contained in the first schedule to this Act (i). Provided (k) that during the year beginning on Expired. the 1st day of January, 1871, the following regulations shall be observed in print works, in Turkey-red dyeing works, and in the process of open-air bleaching; (that is to say), 1. Children shall be employed only for the same time and subject to the same conditions for and subject to which young persons exceeding thirteen years of age will be allowed to be employed therein after the 1st day of January, 1872: 2. No woman and no female child or young person shall be employed at night except so far as she will be allowed to be so employed after the 1st day of January, 1872: And for the purposes of enforcing the said regulations the principal Act shall apply to such works and process in the same manner and subject to the same qualification as it will apply thereto after the 1st day of January, 1872. Acts. V. After the 1st of January, 1872, the Acts Repeal of mentioned in the first part (1) of the third schedule to this Act shall be repealed, and the Act mentioned in the second part of the same schedule shall be repealed to the extent in the third column of that schedule mentioned (m). (i) Infra. (k) The operation of this proviso has now expired. (1) These are the Acts formerly regulating print works and bleaching and dyeing works. (m) These are the provisions which excluded print works and 33 & 34 VICT. .c 62. Molification as regards manufactures of preserves of fruit and fish of 50 & 31 Vict. c. 103, and 30 & 31 Vict. c. 146. PART II.-FRUIT AND FISH PRESERVES. VI. The schedule to the Factory Acts Extension Act, 1867 (n), and the schedule to the Workshop Regulation Act, 1867 (o), shall be construed as if there were contained in each of those schedules the permanent modification contained in the second schedule to this Act (p). 1st Sched. FIRST SCHEDULE. PERMANENT MODIFICATIONS (q). 1. Whereas the customs or exigencies of the trade require that in print works and bleaching and dyeing works male young persons of the age of sixteen years and upwards should be occasionally employed beyond the hours allowed by the Factory Acts (r): it shall be lawful for one of her Majesty's Principal Secretaries of State, on due proof to his satisfaction that such customs or exigencies exist in the case of any print works, or bleaching and dyeing works from the provisions of the Factory Acts Extension Act, 1867. Ante. (n) 30 & 31 Vict. c. 103. (o) 30 & 31 Vict. c. 146. (p) Infra. (q) It is subject to these modifications that the Factory Acts Extension Act, 1867, is applied to print works and bleaching and dyeing works. Sect. 4, supra. (7) As to these hours, see 13 & 14 Vict. c. 54, s. 1; 16 & 17 Vict. c. 104, s. 1; ante. |