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141
Sub-sections (2) and (3) of the 4th section are substantially
identical with the 25th section of the Public Health (London) Act,
1891, above cited. Sub-section (4) enacts that the section shall not
apply to any workshop or workplace to which the said Public Health
Act applies.
Section 5 prefixes to the words (in section 3 of the Act of
1878) "injruious to the health of the persons employed therein," the
word "dangerous" thus bringing this Act into conformity with the
Public Health (London) Act, 1891, which, as I have already stated
when dealing with that Act, adds to the list of nuisances liable to be
dealt with summarily, "any factory, workshop, or workplace (other
than those subject to the provisions of the Factory Act, 1878, relating
to cleanliness, ventilation, and overcrowding), which is not properly
kept, or is not efficiently ventilated, or is overcrowded."
It will thus be seen that your Vestry have under these several
Acts read together, ample powers of entry and inspection, and of
taking legal proceedings with respect to nuisances, &c., in connection
with workshops and workplaces, and certain non-textile factories,
including bakehouses. It remains to consider the meaning of the
expression "workshop" in the principal Act (1878). This expression is
defined in section 93 of the said Act as—
"(1) Any premises or places named in part two of the fourth schedule to
this Act, which are not a factory within the meaning of this Act; (2)
also any premises, room, or place, not being a factory within the meaning
of this Act, in which premises, room, or place, or within the close, or
curtilage, or precincts of which premises, any manual labour is exercised
by way of trade, or for purposes of gain, in or incidental to the following
purposes, or any of them, that is to say:
(a) In or incidental to the making of any article or of part of any
article; or
(b) In or incidental to the altering, repairing, ornamenting or
finishing of any article; or
(c) In or incidental to the adapting for sale of any article;
And to which or over which premises, room or place, the employer
of the persons working therein has the right of access or control."