and with special reports as to accidents made by them on the direction of a Secretary of State, on the lines of Section 100 and Section 82 of the Coal Mines Act, 1911.

Section 21 deals with arbitrations under the Act, and its provisions are set out in full in Appendix XI. (d).

Section 22 deals with coroners' inquests on the bodies of persons whose deaths may have been caused by explosions or accidents in mines. It is on the lines of Section 84 of the Coal Mines Act, 1911, omitting Subsection 8, and with the substitution of 48 hours for 24 hours in Subsection 4.

Section 23 is a very long section, which covers the ground represented in the Coal Mines Act, 1911, by the provisions as to safety set out in Sections 29 to 75. It is in form an enactment of 'general rules,' which, as far as reasonably practicable, are to be observed in every mine. It deals with ventilation, gunpowder, and blasting, fencing, signalling, and other matters of detail.

Sections 24 to 27 deal with special rules for particular mines. Comparison may be made with Section 87 and the second part of the 2nd Schedule of the Coal Mines Act, 1911 (Appendix XI. (b)), and it will be noticed that under the Act of 1872 the initial step in transmitting proposed special rules can only be taken by the owner or agent of the mine. As the machinery for making special rules differs in detail from that now contained in the Act of 1911, Sections 24 to 27 are set out in full in Appendix XI. (e).

Section 28 deals with the publication of an abstract of the Act and a copy of any special rules in force. It is on the lines of Section 88 of the Coal Mines Act, 1911, except that Subsection (2) of Section 28, which corresponds with Subsection 1 (b) of Section 88, places on the owner or agent only an obligation to supply a printed copy of the abstract and the special rules gratis to each person employed in or about the mine who applies for such copy.

The miscellaneous provisions of the Act do not call for detailed statement, but it may be noticed that under Section 32 there is a power to imprison for wilful neglect endangering life or limb (see the Coal Mines Act, 1911, Section 101 (4)); and that under Section 38 penalties may

be used to compensate injured persons or their relatives (see the Coal Mines Act, 1911, Section 105).

Mines Accidents (Rescue and Aid) Act, 1910. The only other legislation in force as to metalliferous mines is the Mines Accidents (Rescue and Aid) Act, 1910. This Act, as passed, applied to all mines, but as regards coal mines it is now represented by Section 85 of the Coal Mines Act, 1911. In order to bring it into force as regards metalliferous mines, the Secretary of State must make an Order as to the organisation of rescue and aid work, which he can do on complying with the procedure set out in Appendix XI. (ƒ).

QUARRIES

The Quarries Act, 1894, applies to every place (not being a mine) in which persons work in getting slate, stone, coprolites, or other minerals, and any part of which is more than twenty feet deep.

It extends to these places the provisions of the Metalliferous Mines Regulation Acts, 1872 and 1875, except (1) Sections 3 to 8, as to the employment of women, young persons, and children; (2) Sections 12, 13, and 14, as to notice of opening and abandonment of mines, fencing of abandoned mines, and plans of abandoned mines; (3) Section 19, as to the keeping of plans of mines; and (4) Section 23, which sets forth the general rules applicable to mines.

CHAPTER XVII

HISTORY OF LEGISLATION AS TO FACTORIES

AND MINES

It will be convenient to treat the history of legislation as to factories and workshops separately from that of legislation as to mines, but it must be remembered that the humanitarian feelings which prompted these two sets of enactments were identical, and that both are associated with one outstanding name, that of Lord Ashley, afterwards Lord Shaftesbury.

LEGISLATION AS TO FACTORIES AND WORKSHOPS

Factory legislation has passed through two stages. We have already seen that it is the custom at the present time, when Parliament has accepted a general principle, such as the regulation of dangerous trades, for the details to be worked out by some administrative department or body. In the earlier stages of factory legislation the process was just the opposite: a trade or a group of similar trades was brought under a detailed Act of Parliament, then another trade or group was brought under another Act, not necessarily the same, and the recognition of any general principle was deferred as long as possible. A study of the various steps in this legislation may be both interesting and helpful.

Legislation for Textile Factories up to 1850.-The earliest Factory Act is usually known as the Health and Morals of Apprentices Act (1802). Its title is somewhat misleading, as it did not shrink from legislating for other persons than

apprentices.' Its preamble states that it hath of late become a practice in cotton and woollen mills and in cotton and woollen factories to employ a great number of male and female apprentices, and other persons, in the same building, in consequence of which certain regulations are become necessary to preserve the health and morals of such apprentices and other persons.' It then proceeds to enact rules and regulations for all such mills and factories within Great Britain and Ireland, wherein 3 or more apprentices, or 20 or more other persons, shall at any time be employed.' The Act broke down through the very inadequate means taken to see that its provisions were carried out. Inspection was to be in the hands of two voluntary inspectors 'not interested in or in any way connected with any such mills or factories,' and appointed by the Justices in session. Normally one visitor was to be a Justice of the Peace and the other a clergyman. The Justices in session were apt to neglect to make appointments, and there was no department of the central government to keep them up to their duty.

The general provisions were that the buildings should be lime-washed twice a year and properly ventilated by a sufficient number of windows and openings.

For the apprentice there was to be a 12-hours day between 6 A.M. and 9 P.M., with instruction on working days for his first four years in the three R's, and with an hour's religious instruction on Sundays. Apprentices were also to be supplied with clothing, and were not to sleep more than two in a bed.

Copies of the Act were to be hung up in two or more conspicuous places in such mill or factory.

Half of any penalty imposed was to go to the informer. It will be noticed that the Act assumes that the apprentices will be fed, clothed, and housed by the employer; in other words, they are parish apprentices, who would otherwise be homeless. Children living at home and not apprenticed would not be affected by the provisions as to apprentices.'

As the century went on, the parish apprentice became

less and less important in industry, but the Act was not actually repealed till 1878.

The first Act which dealt with children as distinct from apprentices was the Factory Act of 1819. This and the Factory Act, 1820, only applied to cotton mills (i.e. mills for the preparation and spinning of cotton wool), but they are important because

(a) They exclude from employment children under 9 years of age.

(b) They introduce a 12-hours day for children between 9 and 16 years of age, with a 'period of employment' (5 A.M. to 9 P.M.), and definite time allowances for meals (half an hour for breakfast and 1 hour for dinner).

Three Amending Acts, viz. the Factory Act of 1825 and two Factory Acts of 1830, reduce the ' period of employment' to 5 A.M. to 8 P.M., and introduce the short working day on Saturdays (9 hours between 5 A.M. and 4.30 P.M.).

Overtime is now dealt with on the lines of permitting it in order to make up lost time, (a) in water mills, when due to fluctuations in the water-supply, and (b) in other mills, when due to breakdowns in the machinery.

In 1831 all this legislation as to cotton mills was consolidated and amended by the Factory Act, 1831. The 12-hours working day was extended to all young persons under 18 years of age, and night work (8.30 P.M. to 5.30 A.M.) was prohibited to persons under 21 years of age. On the other hand, for the abstract of the Acts which the earlier legislation required to be exhibited in the mills, there was substituted a daily register of the time the machinery was at work.

Two years later a great step forward was made as the result of agitation on the condition of labour in the Yorkshire mills, and the Factory Act, 1833, was passed, which dealt with practically the whole of the Textile Industry as carried on in factories. The provisions of this Act extended to cotton, woollen, worsted, hemp, flax, tow, linen, and silk mills driven by steam or mechanical power, except lace factories, and the processes of pulling, roughing, and boiling of woollens.