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and to deal with infringements as directed by that Act. (Note
special power of sec. 4, sub-sec. 4a as to liability to fines).
Section 21 (Effluvia) and sees. 23 and 24 (Black Smoke) are
also enforceable by the Sanitary Authority against the
occupiers of factories.
Other factories are dealt with as Workshops (note sec. 35,
sub-sec. 2 and sec. 2 sub-sec. 1g).
By section 27 of the 1891 Act, it is made compulsory for
occupiers of workshops and contractors to keep a list of outworkers
if the Home Secretary so requires, and this has been
done in certain specified trades—the only one specially affecting
this district being "the making of articles of wearing
apparel."
By section 42, sub-section 2 of the 1895 Act, this obligation
is extended to the occupier of any premises from which such
work is given out whether the premises are a workshop or not.
For this purpose the Officer of a Sanitary Authority has the
power of examining such lists, and it is therefore highly probable
that a Metropolitan Sanitary Authority could take action
to recover penalties under section 27, sub section 2 of the 1891
Act, although it does not appear to be specially provided for,
and it is doubtful, therefore, if the penalties imposed could be
paid to the Authority prosecuting, having regard to the provisions
of section 89 of the 1878 Act.
II.— Workshops (in London, other than Bakehouses, power
of Sanitary Authorities).
In considering the position of Workshops in London, it is
well to note the history of legislation, and to observe the
sequence and connection of the provisions and their variation
in the several Acts, so as to obtain a light whereby one may
read the intention of the legislators in the alterations made.
One may note, therefore, that Workshops which were included
within the provisions of the Factory and Workshops Acts of
1878 and 1883, enforceable by the Factory Inspector, were by
the provisions of the Factory and Workshops Acts, 1891
(Schedule II.), partially removed from his jurisdiction, excepting
in default of a Sanitary Authority, and by sec. 3, sub-sec.
2, these duties outside London were conferred upon Sanitary
Authorities.
It is therefore necessary, as far as London is concerned, to
note, that the powers of its Sanitary Authorities are not
within the Factory and Workshops Acts, nor are the conferred
provisions of sec. 4 (note sub-sec. 4 of sec. 4, Factory and
Workshop Act, 1891)—hence it is probable that the fact of
the passage of the Consolidating Act (i.e., Public Health
(London) Act, 1891) was deemed by the Government to be an