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CHIMNEY SWEEPERS REGULATION ACT 1864
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CHAPTER XXXVII.
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An Act to amend and extend the Act for the Regulation of Chimney Sweepers. [30th June 1864.]
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[Preamble recites 3 & 4 Vict. c. 85.]
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General.
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Short titles. 3 & 4 Vict. c. 85.
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1. This Act may be cited as “The Chimney Sweepers Regulation Act, 1864.” The Chimney Sweepers and Chimneys Regulations Act, 1840, and this Act may be cited together as “The Chimney Sweepers and Chimneys Regulation Acts, 1840 and 1864.”
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[S. 2 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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Interpretation.
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3. In this Act—
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The term “chimney sweeper” means a person using the trade or business of a chimney sweeper.
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Construction.
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4. This Act shall be construed together with the principal Act as one Act, and for this purpose the expression “this Act” when used in the principal Act shall be taken to include the present Act.
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Application of penalties.
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5. Any pecuniary penalty recovered under this Act shall be applied as directed in the principal Act.
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Protection of Children and young Persons.
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Restriction on employment of children under ten in chimney sweeping.
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6. It shall not be lawful for a chimney sweeper to employ a child under the age of ten years to do or assist in doing any work or thing in or about the trade or business of such chimney sweeper elsewhere than within the house or place of business of such chimney sweeper, or the yard or buildings (if any) connected therewith.
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Chimney sweepers entering houses to sweep chimneys, &c. not to bring with them persons under sixteen.
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7. It shall not be lawful for a chimney sweeper, on any occasion of his entering a house or building for the purpose of sweeping, cleaning, or coring a chimney or flue therein or belonging thereto, or for extinguishing fire in any such chimney or flue, to cause or knowingly allow a person under the age of sixteen years in his employment or under his control to enter before, with, or after him into any part of such house or building, or to be therein for any part of the time during which such chimney sweeper himself continues therein for any such purpose as aforesaid.
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Penalties.
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8. If any chimney sweeper acts in contravention of either of the foregoing enactments, he shall for every such offence be liable to a penalty not exceeding ten pounds.
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Imprisonment in lieu of pecuniary penalty for offence under 3 & 4 Vict. c. 85. s. 2.
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9. Where under section two of the principal Act a chimney sweeper is convicted of the offence of compelling or knowingly allowing a person under the age of twenty-one years to ascend or descend a chimney or enter a flue for any purpose in that section mentioned, the justices or sheriff before whom he is convicted may, in lieu of the imposition of any such pecuniary penalty as is authorized by that section, adjudge the offender to be imprisoned in the common gaol or house of correction for any term not exceeding six months, with or without hard labour.
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Burden of proof of age to lie on chimney sweeper.
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10. In any prosecution of a chimney sweeper for any offence against the principal Act or against this Act, where the age of any young person or child comes in question, the proof of the age of such young person or child shall lie on the defendant.
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[S. 11 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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