I. HISTORY IN THE UNITED KINGDOM

1. _Until the Close of the 15th Century._--Of the main conditions of

industrial labour in early Anglo-Saxon England details are scanty.

Monastic industrial communities were added in Christian times to village

industrial communities. While generally husbandry was the first object

of toil, and developed under elaborate regulation in the manorial

system, still a considerable variety of industries grew up, the aim

being expressly to make each social group self-sufficing, and to protect

and regulate village artisans in the interest of village resources. This

protective system, resting on a communal or co-operative view of labour

and social life, has been compared as analogous to the much later and

wider system under which the main purpose was to keep England as a whole

self-sufficing.[3] It has also been shown how greatly a fresh spirit of

enterprise in industry and trade was stimulated first by the Danish and

next by the Norman invasion; the former brought in a vigour shown in

growth of villages, increase in number of freemen, and formation of

trading towns; the latter especially opened up new communications with

the most civilized continental people, and was followed by a

considerable immigration of artisans, particularly of Flemings. In Saxon

England slavery in the strictest sense existed, as is shown in the

earliest English laws, but it seems that the true slave class as

distinct from the serf class was comparatively small, and it may well be

that the labour of an ordinary serf was not practically more severe, and

the remuneration in maintenance and kind not much less than that of

agricultural labourers in recent times. In spite of the steady protest

of the Church, slavery (as the exception, not the general rule) did not

die out for many centuries, and was apt to be revived as a punishment

for criminals, e.g. in the fierce provisions of the statute of Edward

VI. against beggars, not repealed until 1597. At no time, however, was

it general, and as the larger village and city populations grew the

ratio of serfs and slaves to the freemen in the whole population rapidly

diminished, for the city populations "had not the habit and use of

slavery," and while serfs might sometimes find a refuge in the cities

from exceptionally severe taskmasters, "there is no doubt that freemen

gradually united with them under the lord's protection, that strangers

engaged in trade sojourned among them, and that a race of artisans

gradually grew up in which original class feelings were greatly

modified." From these conditions grew two parallel tendencies in

regulation of labour. On the one hand there was, under royal charters,

the burgh or municipal organization and control of artisan and craft

labour, passing later into the more specialized organization in craft

gilds; on the other hand, there was a necessity, sometimes acute, to

prevent undue diminution in the numbers available for husbandry or

agricultural labour. To the latter cause must be traced a provision

appearing in a succession of statutes (see especially an act of Richard

II., 1388), that a child under twelve years once employed in agriculture

might never be transferred to apprenticeship in a craft. The steady

development of England, first as a wool-growing, later as a

cloth-producing country, would accentuate this difficulty. During the

13th century, side by side with development of trading companies for the

export of wool from England, may be noted many agreements on the part of

monasteries to sell their wool to Florentines, and during the same

century absorption of alien artisans into the municipal system was

practically completed. Charters of Henry I. provided for naturalization

of these aliens. From the time of Edward I. to Edward III. a gradual

transference of burgh customs, so far as recognized for the common good,

to statute law was in progress, together with an assertion of the rights

of the crown against ecclesiastical orders. "The statutes of Edward I.,"

says Dr. Cunningham, "mark the first attempt to deal with Industry and

Trade as a public matter which concerns the whole state, not as the

particular affair of leading men in each separate locality." The first

direct legislation for labour by statute, however, is not earlier than

the twenty-third year of the reign of Edward III., and it arose in an

attempt to control the decay and ruin, both in rural and urban

districts, which followed the Hundred Years' War, and the pestilence

known as the Black Death. This first "Statute of Labourers" was designed

for the benefit of the community, not for the protection of labour or

prevention of oppression, and the policy of enforcing customary wages

and compelling the able-bodied labourer, whether free or bond, not

living in merchandise or exercising any craft, to work for hire at

recognized rates of pay, must be reviewed in the circumstances and

ideals of the time. Regulation generally in the middle ages aimed at

preventing any individual or section of the community from making what

was considered an exceptional profit through the necessity of others.[4]

The scarcity of labour by the reduction of the population through

pestilence was not admitted as a justification for the demands for

increased pay, and while the unemployed labourer was liable to be

committed to gaol if he refused service at current rates, the lords of

the towns or manors who promised or paid more to their servants were

liable to be sued treble the sum in question. Similar restrictions were

made applicable to artificers and workmen. By another statute, two years

later, labourers or artificers who left their work and went into another

county were liable to be arrested by the sheriff and brought back. These

and similar provisions with similar aims were confirmed by statutes of

1360, 1368 and 1388, but the act of 1360, while prohibiting "all

alliances and covins of masons, carpenters, congregations, chapters,

ordinances and oaths betwixt them made," allowed "every lord to bargain

or covenant for their works in gross with such labourers and artificers

when it pleaseth them, so that they perform such works well and lawfully

according to the bargain and covenant with them thereof made." Powers

were given by the acts of 1368 and 1388 to justices to determine matters

under these statutes and to fix wages. Records show that workmen of

various descriptions were pressed by writs addressed to sheriffs to work

for their king at wages regardless of their will as to terms and place

of work. These proceedings were founded on notions of royal prerogative,

of which impressment of seamen survived as an example to a far later

date. By an act of 1388 no servant or labourer, man or woman, however,

could depart out of the hundred to serve elsewhere unless bearing a

letter patent under the king's seal stating the cause of going and time

of return. Such provisions would appear to have widely failed in their

purpose, for an act of 1414 declares that the servants and labourers

fled from county to county, and justices were empowered to send writs to

the sheriffs for fugitive labourers as for felons, and to examine

labourers, servants and their masters, as well as artificers, and to

punish them on confession. An act of 1405, while putting a property

qualification on apprenticeship and requiring parents under heavy

penalties to put their children to such labour as their estates

required, made a reservation giving freedom to any person "to send their

children to school to learn literature." Up to the end of the 15th

century a monotonous succession of statutes strengthening, modifying,

amending the various attempts (since the first Statute of Labourers) to

limit free movement of labour, or demands by labourers for increased

wages, may be seen in the acts of 1411, 1427, 1444, 1495. It was clearly

found extremely difficult, if not impracticable, to carry out the minute

control of wages considered desirable, and exceptions in favour of

certain occupations were in some of the statutes themselves. In 1512 the

penalties for giving wages contrary to law were repealed so far as

related to masters, but it also appears that London workmen would not

endure the prevalent restrictions as to wages, and that they secured in

practice a greater freedom to arrange rates when working within the

city. Several of these statutes, and especially one of 1514, fixed the

hours of labour when limiting wages. During March to September the

limits were 5 A.M. to 7 or 8 P.M., with half an hour off for breakfast

and an hour and a half off for mid-day dinner. In winter the outside

limits were fixed by the length of daylight.

Throughout the 15th century the rapidly increasing manufacture of cloth

was subject to a regulation which aimed at maintaining the standard of

production and prevention of bad workmanship, and the noteworthy statute

4 Edward IV. c. 1, while giving power to royal officers to supervise

size of cloths, modes of sealing, &c., also repressed payment to workers

in "pins, girdles and unprofitable wares," and ordained payment in true

and lawful money. This statute (the first against "Truck") gives an

interesting picture of the way in which clothiers--or, as we should call

them, wholesale merchants and manufacturers--delivered wool to spinners,

carders, &c., by weight, and paid for the work when brought back

finished. It appears that the work was carried on in rural as well as

town districts. While this industry was growing and thriving other

trades remained backward, and agriculture was in a depressed condition.

Craft gilds had primarily the same purpose as the Edwardian statutes,

that is, of securing that the public should be well served with good

wares, and that the trade and manufacture itself should be on a sound

basis as to quality of products and should flourish. Incidentally there

was considerable regulation by the gilds of the conditions of labour,

but not primarily in the interests of the labourer. Thus night work was

prohibited because it tended to secrecy and so to bad execution of work;

working on holidays was prohibited to secure fair play between craftsmen

and so on. The position of apprentices was made clear through

indentures, but the position of journeymen was less certain. Signs are

not wanting of a struggle between journeymen and masters, and towards

the end of the 15th century masters themselves, in at least the great

wool trade, tended to develop from craftsmen into something more like

the modern capitalist employer; from an act of 1555 touching weavers it

is quite clear that this development had greatly advanced and that

cloth-making was carried on largely by employers with large capitals.

Before this, however, while a struggle went on between the town

authorities and the craft gilds, journeymen began to form companies of

their own, and the result of the various conflicts may be seen in an act

of Henry VI., providing that in future new ordinances of gilds shall be

submitted to justices of the peace--a measure which was strengthened in

1503.

2. _From Tudor Days until the Close of the 18th Century._--A detailed

history of labour regulation in the 16th century would include some

account of the Tudor laws against vagrancy and methods of dealing with

the increase of pauperism, attributable, at least in part, to the

dissolution of the monasteries under Henry VIII., and to the

confiscation of craft gild funds, which proceeded under Somerset and

Edward VI. It is sufficient here to point to the general recognition of

the public right to compel labourers to work and thus secure control of

unemployed as well as employed. The statutes of Henry VIII. and Edward

VI. against vagrancy differed rather in degree of severity than in

principle from legislation for similar purposes in previous and

subsequent reigns. The Statute of Labourers, passed in the fifth year of

Elizabeth's reign (1562), as well as the poor law of the same year, was

to a considerable extent both a consolidating and an amending code of

law, and was so securely based on public opinion and deeply rooted

custom that it was maintained in force for two centuries. It avowedly

approves of principles and aims in earlier acts, regulating wages,

punishing refusal to work, and preventing free migration of labour. It

makes, however, a great advance in its express aim of protecting the

poor labourer against insufficient wages, and of devising a machinery,

by frequent meeting of justices, which might yield "unto the hired

person both in time of scarcity and in time of plenty a convenient

proportion of wages." Minute regulations were made governing the

contract between master and servant, and their mutual rights and

obligations on parallel lines for (a) artificers, (b) labourers in

husbandry. Hiring was to be by the year, and any unemployed person

qualified in either calling was bound to accept service on pain of

imprisonment, if required, unless possessed of property of a specified

amount or engaged in art, science or letters, or being a "gentleman."

Persons leaving a service were bound to obtain a testimonial, and might

not be taken into fresh employment without producing such testimonial,

or, if in a new district, until after showing it to the authorities of

the place. A master might be fined £5, and a labourer imprisoned, and if

contumacious, whipped, for breach of this rule. The carefully devised

scheme for technical training of apprentices embodied to a considerable

extent the methods and experiences of the craft gilds. Hours of labour

were as follows: "All artificers and labourers being hired for wages by

the day or week shall, betwixt the midst of the months of March and

September, be and continue at their work at or before 5 o'clock in the

morning and continue at work and not depart until betwixt 7 and 8

o'clock at night, except it be in the time of breakfast, dinner or

drinking, the which time at the most shall not exceed two hours and a

half in a day, that is to say, at every drinking half an hour, for his

dinner one hour and for his sleep when he is allowed to sleep, the which

is from the midst of May to the midst of August, half an hour; and all

the said artificers and labourers betwixt the midst of September and the

midst of March shall be and continue at their work from the spring of

the day in the morning until the night of the same day, except it be in

time afore appointed for breakfast and dinner, upon pain to lose and

forfeit one penny for every hour's absence, to be deducted and defaulked

out of his wages that shall so offend." Although the standpoint of the

Factory Act and Truck Act in force at the beginning of the 20th century

as regards hours of labour or regulation of fines deducted from wages is

completely reversed, yet the difference is not great between the average

length of hours of labour permissible under the present law for women

and those hours imposed upon the adult labourer in Elizabeth's statute.

Apart from the standpoint of compulsory imposition of fines, one

advantage in the definiteness of amount deductable from wages would

appear to lie on the side of the earlier statute.

Three points remain to be touched on in connexion with the Elizabethan

poor law. In addition to (a) consolidation of measures for setting

vagrants to work, we find the first compulsory contributions from the

well-to-do towards poor relief there provided for, (b) at least a

theoretical recognition of a right as well as an obligation on the part

of the labourer to be hired, (c) careful provision for the apprenticing

of destitute children and orphans to a trade.

One provision of considerable interest arose in Scotland, which was

nearly a century later in organizing provisions for fixing conditions of

hire and wages of workmen, labourers and servants, similar to those

consolidated in the Elizabethan Statute of Labourers. In 1617 it was

provided (and reaffirmed in 1661) that power should be given to the

sheriffs to compel payment of wages, "that servants may be the more

willing to obey the ordinance." The difficulties in regulation of

compulsory labour in Scotland must, however, have been great, for in

1672 houses of correction were erected for disobedient servants, and

masters of these houses were empowered to force them to work and to

correct them according to their demerits. While servants in manufacture

were compelled to work at reasonable rates they might not enter on a new

hire without their previous master's consent.

Such legislation continued, at least theoretically, in force until the

awakening effected by the beginning of the industrial revolution--that

is, until the combined effects of steady concentration of capital in the

hands of employers and expansion of trade, followed closely by an

unexampled development of invention in machinery and application of

power to its use. completely altered the face of industrial England.

From time to time, in respect of particular trades, provisions against

truck and for payment of wages in current coin, similar to the act of

Edward IV. in the woollen industry, were found necessary, and this

branch of labour legislation developed through the reigns of Anne and

the four Georges until consolidation and amendment were effected, after

the completion of the industrial revolution, in the Truck Act of 1831.

From the close of the 17th century and during the 18th century the

legislature is no longer mainly engaged in devising means for compelling

labourers and artisans to enter into involuntary service, but rather in

regulating the summary powers of justices of the peace in the matter of

dispute between masters and servants in relation to contracts and

agreements, express or implied, presumed to have been entered into

voluntarily on both sides. While the movement to refer labour questions

to the jurisdiction of the justices thus gradually developed, the main

subject matter for their exercise of jurisdiction in regard to labour

also changed, even when theoretically for a time the two sets of

powers--such as (a) moderation of craft gild ordinances and punishment

of workers refusing hire, or (b) fixing scales of wages and enforcement

of labour contracts--might be concurrently exercised. Even in an act of

George II. (1746) for settlement of disputes and differences as to wages

or other conditions under a contract of labour, power was retained for

the justices, on complaint of the masters of misdemeanour or

ill-behaviour on the part of the servant, to discharge the latter from

service or to send him to a house of correction "there to be corrected,"

that is, to be held to hard labour for a term not exceeding a month or

to be corrected by whipping. In an act with similar aims of George IV.

(1823), with a rather wider scope, the power to order corporal

punishment, and in 1867 to hard labour, for breach of labour contracts

had disappeared, and soon after the middle of the 19th century the right

to enforce contracts of labour also disappeared. Then breach of such

labour contracts became simply a question of recovery of damages, unless

both parties agreed that security for performance of the contract shall

be given instead of damages.

While the endeavour to enforce labour apart from a contract died out in

the latter end of the 18th century, sentiment for some time had strongly

grown in favour of developing early industrial training of children. It

appears to have been a special object of charitable and philanthropic

endeavour in the 17th century, as well as the 18th, to found houses of

industry, in which little children, even under five years of age, might

be trained for apprenticeship with employers. Connected as this

development was with poor relief, one of its chief aims was to prevent

future unemployment and vagrancy by training in habits and knowledge of

industry, but not unavowed was another motive: "from children thus

trained up to constant labour we may venture to hope the lowering of its

price."[5] The evils and excesses which lay enfolded within such a

movement gave the first impulse to the new ventures in labour

legislation which are specially the work of the 19th century. Evident as

it is "that before the Industrial Revolution very young children were

largely employed both in their own homes and as apprentices under the

Poor Law," and that "long before Peel's time there were misgivings about

the apprenticeship system," still it needed the concentration and

prominence of suffering and injury to child life in the factory system

to lead to parliamentary intervention.

3. _From 1800 to the Codes of 1872 and 1878._--A serious outbreak of

fever in 1784 in cotton mills near Manchester appears to have first

drawn widespread and influential public opinion to the overwork of

children, under terribly dangerous and insanitary conditions, on which

the factory system was then largely being carried on. A local inquiry,

chiefly by a group of medical men presided over by Dr Percival, was

instituted by the justices of the peace for Lancashire, and in the

forefront of the resulting report stood a recommendation for limitation

and control of the working hours of the children. A resolution by the

county justices followed, in which they declared their intention in

future to refuse "indentures of parish Apprentices whereby they shall be

bound to Owners of Cotton Mills and other works in which children are

obliged to work in the night or more than ten hours in the day." In 1795

the Manchester Board of Health was formed, which, with fuller

information, more definitely advised legislation for the regulation of

the hours and conditions of labour in factories. In 1802 the Health and

Morals of Apprentices Act was passed, which in effect formed the first

step towards prevention of injury to and protection of labour in

factories. It was directly aimed only at evils of the apprentice system,

under which large numbers of pauper children were worked in cotton and

woollen mills without education, for excessive hours, under wretched

conditions. It did not apply to places employing fewer than twenty

persons or three apprentices, and it applied the principle of limitation

of hours (to twelve a day) and abolition of night work, as well as

educational requirements, only to apprentices. Religious teaching and

suitable sleeping accommodation and clothing were provided for in the

act, also as regards apprentices. Lime-washing and ventilation

provisions applied to all cotton and woollen factories employing more

than twenty persons. "Visitors" were to be appointed by county justices

for repression of contraventions, and were empowered to "direct the

adoption of such sanitary regulations as they might on advice think

proper." The mills were to be registered by the clerk of the peace, and

justices had power to inflict fines of from £2 to £5 for contraventions.

Although enforcement of the very limited provisions of the act was in

many cases poor or non-existent, in some districts excellent work was

done by justices, and in 1803 the West Riding of Yorkshire justices

passed a resolution substituting the ten hours' limit for the twelve

hours' limit of the act, as a condition of permission for indenturing of

apprentices in mills.

Rapid development of the application of steam power to manufacture led

to growth of employment of children in populous centres, otherwise than

on the apprenticeship system, and before long the evils attendant on

this change brought the general question of regulation and protection of

child labour in textile factories to the front. The act of 1819, limited

as it was, was a noteworthy step forward, in that it dealt with this

wider scope of employment of children in cotton factories, and it is

satisfactory to record that it was the outcome of the efforts and

practical experiments of a great manufacturer, Robert Owen. Its

provisions fell on every point lower than the aims he put forward on his

own experience as practicable, and notably in its application only to

cotton mills instead of all textile factories. Prohibition of child

labour under nine years of age and limitation of the working day to

twelve in the twenty-four (without specifying the precise hour of

beginning and closing) were the main provisions of this act. No

provision was made for enforcement of the law beyond such as was

attempted in the act of 1802. Slight amendments were attempted in the

acts of 1825 and 1831, but the first really important factory act was in

1833 applying to textile factories generally, limiting employment of

young persons under eighteen years of age, as well as children,

prohibiting night work between 8.30 P.M. and 5.30 A.M., and first

providing for "inspectors" to enforce the law. This is the act which was

based on the devoted efforts of Michael Sadler, with whose name in this

connexion that of Lord Ashley, afterwards earl of Shaftesbury, was from

1832 associated. The importance of this act lay in its provision for

skilled inspection and thus for enforcement of the law by an independent

body of men unconnected with the locality in which the manufactures lay,

whose specialization in their work enabled them to acquire information

needed for further development of legislation for protection of labour.

Their powers were to a certain extent judicial, being assimilated to

those possessed by justices; they could administer oaths and make such

"rules, regulations and orders" as were necessary for execution of the

act, and could hear complaints and impose penalties under the act. In

1844 a textile factory act modified these extensive inspectoral powers,

organizing the service on lines resembling those of our own time, and

added provision for certifying surgeons to examine workers under sixteen

years of age as to physical fitness for employment and to grant

certificates of age and ordinary strength. Hours of labour, by the act

of 1833, were limited for children under eleven to 9 a day or 48 in the

week, and for young persons under eighteen to 12 a day or 69 in the

week. Between 1833 and 1844 the movement in favour of a ten hours' day,

which had long been in progress, reached its height in a time of great

commercial and industrial distress, but could not be carried into effect

until 1847. By the act of 1844 the hours of adult women were first

regulated, and were limited (as were already those of "young persons")

to 12 a day; children were permitted either to work the same hours on

alternate days or "half-time," with compulsory school attendance as a

condition of their employment. The aim in thus adjusting the hours of

the three classes of workers was to provide for a practical standard

working-day. For the first time detailed provisions for health and

safety began to make their appearance in the law. Penal compensation for

preventible injuries due to unfenced machinery was also provided, and

appears to have been the outcome of a discussion by witnesses before the

Royal Commission on Labour of Young Persons in Mines and Manufactures in

1841.

From this date, 1841, begin the first attempts at protective legislation

for labour in mining. The first Mines Act of 1842 following the terrible

revelations of the Royal Commission referred to excluded women and girls

from underground working, and limited the employment of boys, excluding

from underground working those under ten years, but it was not until

1850 that systematic reporting of fatal accidents and until 1855 that

other safeguards for health, life and limb in mines were seriously

provided by law. With the exception of regulations against truck there

was no protection for the miner before 1842; before 1814 it was not

customary to hold inquests on miners killed by accidents in mines. From

1842 onwards considerable interaction in the development of the two sets

of acts (mines and factories), as regards special protection against

industrial injury to health and limb, took place, both in parliament and

in the department (Home Office) administering them. Another strong

influence tending towards ultimate development of scientific protection

of health and life in industry began in the work and reports of the

series of sanitary commissions and Board of Health reports from 1843

onwards. In 1844 the mines inspector made his first report, but two

years later women were still employed to some extent underground.

Organized inspection began in 1850, and in 1854 the Select Committee on

Accidents adopted a suggestion of the inspectors for legislative

extension of the practice of several colliery owners in framing special

safety rules for working in mines. The act of 1855 provided seven

general rules, relating to ventilation, fencing of disused shafts,

proper means for signalling, proper gauges and valve for steam-boiler,

indicator and brake for machine lowering and raising; also it provided

that detailed special rules submitted by mine-owners to the secretary of

state, might, on his approval, have the force of law and be enforceable

by penalty. The Mines Act of 1860, besides extending the law to

ironstone mines, following as it did on a series of disastrous accidents

and explosions, strengthened some of the provisions for safety. At

several inquests strong evidence was given of incompetent management and

neglect of rules, and a demand was made for enforcing employment only of

certificated managers of coal mines. This was not met until the act of

1872, but in 1860 certain sections relating to wages and education were

introduced. Steady development of the coal industry, increasing

association among miners, and increased scientific knowledge of means of

ventilation and of other methods for securing safety, all paved the way

to the Coal Mines Act of 1872, and in the same year health and safety in

metalliferous mines received their first legislative treatment in a code

of similar scope and character to that of the Coal Mines Act. This act

was amended in 1886, and repealed and recodified in 1887; its principal

provisions are still in force, with certain revised special rules and

modifications as regards reporting of accidents (1906) and employment of

children (1903). It was based on the recommendations of a Royal

Commission, which had reported in 1864, and which had shown the grave

excess of mortality and sickness among metalliferous miners, attributed

to the inhalation of gritty particles, imperfect ventilation, great

changes of temperature, excessive physical exertion, exposure to wet,

and other causes. The prohibition of employment of women and of boys

under ten years underground in this class of mines, as well as in coal

mines, had been effected by the act of 1842, and inspection had been

provided for in the act of 1860; these were in amended form included in

the code of 1872, the age of employment of boys underground being raised

to twelve. In the Coal Mines Act of 1872 we see the first important

effort to provide a complete code of regulation for the special dangers

to health, life and limb in coal mines apart from other mines; it

applied to "mines of coal, mines of stratified ironstone, mines of shale

and mines of fire-clay." Unlike the companion act--applying to all other

mines--it maintained the age limit of entering underground employment

for boys at ten years, but for those between ten and twelve it provided

for a system of working analogous to the half-time system in factories,

including compulsory school attendance. The limits of employment for

boys from twelve to sixteen were 10 hours in any one day and 54 in

anyone week. The chief characteristics of the act lay in extension of

the "general" safety rules, improvement of the method of formulating

"special" safety rules, provision for certificated and competent

management, and increased inspection. Several important matters were

transferred from the special to the general rules, such as compulsory

use of safety lamps where needed, regulation of use of explosives, and

securing of roofs and sides. Special rules, before being submitted to

the secretary of state for approval, must be posted in the mine for two

weeks, with a notice that objections might be sent by any person

employed to the district inspector. Wilful neglect of safety provisions

became punishable in the case of employers as well as miners by

imprisonment with hard labour. But the most important new step lay in

the sections relating to daily control and supervision of every mine by

a manager holding a certificate of competency from the secretary of

state, after examination by a board of examiners appointed by the

secretary of state, power being retained for him to cause later inquiry

into competency of the holder of the certificate, and to cancel or

suspend the certificate in case of proved unfitness.

Returning to the development of factory and workshop law from the year

1844, the main line of effort--after the act of 1847 had restricted

hours of women and young persons to 10 a day and fixed the daily limits

between 6 A.M. and 6 P.M. (Saturday 6 A.M. to 2 P.M.)--lay in bringing

trade after trade in some degree under the scope of this branch of law,

which had hitherto only regulated conditions in textile factories.

Bleaching and dyeing works were included by the acts of 1860 and 1862;

lace factories by that of 1861; calendering and finishing by acts of

1863 and 1864; bakehouses became partially regulated by an act of 1863,

with special reference to local authorities for administration of its

clauses. The report of the third Children's Employment Commission

brought together in accessible form the miserable facts relating to

child labour in a number of unregulated industries in the year 1862, and

the act of 1864 brought some of (these earthenware-making, lucifer

match-making, percussion cap and cartridge making, paper-staining, and

fustian cutting) partly under the scope of the various textile factory

acts in force. A larger addition of trades was made three years later,

but the act of 1864 is particularly interesting in that it first

embodied some of the results of inquiries of expert medical and sanitary

commissioners, by requiring ventilation to be applied to the removal of

injurious gases, dust, and other impurities generated in manufacture,

and made a first attempt to engraft part of the special rules system

from the mines acts. The provisions for framing such rules disappeared

in the Consolidating Act of 1878, to be revived in a better form later.

The Sanitary Act of 1866, administered by local authorities, provided

for general sanitation in any factories and workshops not under existing

factory acts, and the Workshops Regulation Act of 1867, similarly to be

administered by local authorities, amended in 1870, practically

completed the application of the main principle of the factory acts to

all places in which manual labour was exercised for gain in the making

or finishing of articles or parts of articles for sale. A few specially

dangerous or injurious trades brought under regulation in 1864 and 1867

(e.g. earthenware and lucifer match making, glass-making) ranked as

"factories," although not using mechanical power, and for a time

employment of less than fifty persons relegated certain workplaces to

the category of "workshops," but broadly the presence or absence of such

motor power in aid of process was made and has remained the distinction

between factories and workshops. The Factory Act of 1874, the last of

the series before the great Consolidating Act of 1878, raised the

minimum age of employment for children to ten years in textile

factories. In most of the great inquiries into conditions of child

labour the fact has come clearly to light, in regard to textile and

non-textile trades alike, that parents as much as any employers have

been responsible for too early employment and excessive hours of

employment of children, and from early times until to-day in factory

legislation it has been recognized that they must to some extent be held

responsible for due observation of the limits imposed. For example, in

1831 it was found necessary to protect occupiers against parental

responsibility for false certificates of age, and in 1833 parents of a

child or "any Person having any benefit from the wages of such child"

were made to share responsibility for employment of children without

school attendance or beyond legal hours.

During the discussions on the bill which became law in 1874, it had

become apparent that revision and consolidation of the multiplicity of

statutes then regulating manufacturing industry had become pressingly

necessary; modifications and exceptions for exceptional conditions in

separate industries needed reconsideration and systematization on clear

principles, and the main requirements of the law could with great

advantage be applied more generally to all the industries. In

particular, the daily limits as to period of employment, pauses for

meals, and holidays, needed to be unified for non-textile factories and

workshops, so as to bring about a standard working-day, and thus prevent

the tendency in "the larger establishments to farm out work among the

smaller, where it is done under less favourable conditions both sanitary

and educational."[6] In these main directions, and that of simplifying

definitions, summarizing special sanitary provisions that had been

gradually introduced for various trades, and centralizing and improving

the organization of the inspectorate, the Commission of 1876 on the

Factory Acts made its recommendations, and the Factory Act of 1878 took

effect. In the fixed working-day, provisions for pauses, holidays,

general and special exceptions, distinctions between systems of

employment for children, young persons and women, education of children

and certificates of fitness for children and young persons, limited

regulation of domestic workshops, general principles of administration

and definitions, the law of 1878 was made practically the same as that

embodied in the later principal act of 1901. More or less completely

revised are: (a) the sections in the 1878 act relating to mode of

controlling sanitary conditions in workshops (since 1891 primarily

enforced by the local sanitary authority); (b) provision for reporting

accidents and for enforcing safety (other than fencing of mill gearing

and dangerous machinery); (c) detailed regulation of injurious and

dangerous process and trades; (d) powers of certifying surgeons; (e)

amount of overtime permissible (greatly reduced in amount and now

confined to adults); (f) age for permissible employment of a child has

been raised from ten years to twelve years. Entirely new since the act

of 1878 are the provisions: (a) for control of outwork; (b) for

supplying particulars of work and wages to piece-workers, enabling them

to compute the total amount of wages payable to them; (e) extension of

the act to laundries; (f) a tentative effort to limit the too early

employment of mothers after childbirth.

Encyclopaedia Britannica, 11th Edition, "L" to "Lamellibranchia" Volume 16, Slice 1 · 第 20 / 71 题