ILLINOIS
UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
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Project Unica
Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015









1: n ito ¡T.i
ANNO QUARTO & QUINTO
GULIELMI IV. REGIS.
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CAP. XXXV.
An Act for the better Regulation of Chimney Sweepers and their Apprentices, and for the safer Construction of Chimneys and Flues.
[25 th July 1834.]
WHEREAS an Act was passed in the Twenty-eighth Year of the Reign of His late Majesty King George the Third, intituled An Act for the better Regulation of Chimney 28 G. 3. c.-is. Sweepers and their Apprentices, the Provisions whereof have been found insufficient to guard and protect Children of tender Years apprenticed to Chimney Sweepers against various Casualties incident to the Practice of cleansing Flues by climbing : Re it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,
That from and after the passing of this Act the said Act of the Recited Act Twenty-eighth Year of the Reign of His said late Majesty shall be repealed, and the same is hereby repealed.
II. And be it further enacted, That from and after the passing of No Child unties Act no Child who shall not have attained the A^e of Ten rfer 10 Years Years shall be bound or put Apprentice to any Person usine the b« nPPre»-fradc or Business of a Chimney Sweeper.
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III. And
Chimney
Sweeper.
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Chimney Sweepers taking Apprentices to be Householders.
Indentures of Boys under 10 Years of Age to be void.
Indentures executed previous to the passing of this Act to remain in force»
Apprentices under 14 Years of Age to be so designated by a Brass Plate on a Leathern Cap.
Penalty on Chimney Sweeper for employing Children under 14 Years of Age not Apprentices.
4° & 5° GULIELMI IV. Cap.35.
III.	And be it further enacted, That from and after the passing of this Act no Chimney Sweeper or other Person who shall not be a Housekeeper in the Parish or other Place in which such Chimney Sweeper or other Person shall reside, and be rated to the Relief of the Poor of such Parish, or assessed for Payment of Taxes in such other Place, shall take or be deemed capable of taking an Apprentice to learn or to practise the Business of a Chimney Sweeper, or of employing in such Trade any Child under the Age of Fourteen Years.
IV.	And be it further enacted, That all Indentures, Covenants, Promises, and Bargains hereafter to be made or taken of or for the hiring, taking, employing, retaining, or keeping of any Child who shall be under the Age of Ten Years, as or in the Nature of an Apprentice or Servant in the Capacity of a Chimney Sweeper, shall be absolutely void in Law to all Intents and Purposes.
V.	Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be deemed, taken, or construed to extend, to vacate or cancel any Indenture of Apprenticeship that shall have been actually in conformity with the said recited Act made anti executed previous to the passing of this Act for binding any Boy as an Apprentice to any Person using the Trade of a Chimney Sweeper, but that such Indenture of Apprenticeship shall in all respects continue and be in as full Force and Effect as if this Act had not been passed.
VI.	Provided always, and be it enacted, That every Person using the Trade of a Chimney Sweeper having or retaining or employing in his Service any Apprentice or Apprentices who shall be under Fourteen Years of Age, shall provide for each such Apprentice, so long as he shall remain under the Age of Fourteen, a Leathern Cap, to be worn by such Apprentice when out upon his Duty, having a Brass Plate set or affixed on the Front thereof, with the Name or Names of the Master or Mistress engraved thereon, and also the Name of the Apprentice and the Date of his Indenture of Apprenticeship , and every Master or Mistress neglecting to provide each such Apprentice in his or her Service, being under the Age of Fourteen, with such Leathern Cap and Brass Plate so affixed and engraved as aforesaid, shall for every such Offence forfeit any Sum not exceeding Five Pounds nor less than Forty Shillings.
VII.	And be it further enacted, That from and after the passing of this Act no Person in the Trade of a Chimney Sweeper shall hire, use, retain, or employ any Child under the Age of Fourteen Years, other than an Apprentice bound according to the Provisions of or previous to the passing of this Act, and also other than such Boy or Boys as shall be upon Trial with any Master or Mistress Chimney Sweeper as herein-aftcr provided ; and that every such Person or Persons so hiring, using, retaining, or employing any such Child, other than an Apprentice as aforesaid, or Boy on Trial as aforesaid, shall for every such Offence forfeit any Sum not exceeding Ten Pounds nor less than Forty Shillings.

V
VIII. And4° & 5° GULIELMI IV. Cap 35.	25!)
VIII.	And be it further enacted, That any Person or Persons re- Requiring
quiring or compelling any Apprentice or Person of any Description “"( 1,®rsj’n to ascend a Chimney Flue for the Purpose of extinguishing Fire ^FhieTo ex. therein shall be held and adjudged to be guilty of a Misdemeanor, tinguish Fire, and be liable to be proceeded against accordingly.	a Misdemea-
nor.
IX.	And to the end that the Age and Time of the Continuance Binding or of Service of every Apprentice bound pursuant to the Provisions of Assignment this Act may certainly appear, be it further enacted, That every Binding of a Child as an Apprentice to any Person using or carrying „'ey Sweepers on the Trade of a Chimney Sweeper, and whether such Binding shall shall take be by a Parish Officer or by the Parent or next Friend of the Child, place byCon-and also every Assignment of such Apprentice, shall take place by sent.of rwo and with the Consent of Two of His Majesty’s Justices of the Peace beVndoreed acting in and for any County, Stewartry, Riding, City, Town Cor- onthelnden-porate, Borough, Division, or Place within the United Kingdom of ture.
Great Britain and Ireland, sucli Consent and Approbation to be signified by such Justices in Writing under their Hands, indorsed on the Indenture of Apprenticeship or any Assignment thereof, such Indenture and Consent respectively to be according to the Forms prescribed in the Schedule hereunto annexed ; and every Indenture
or Assignment which shall not be in the Form so prescribed, or shall not have sucli Consent so indorsed thereon and signed as aforesaid, shall be absolutely null and void.
X.	And be it further enacted, That the Age of every such Child Age of the so to be bound Apprentice shall be mentioned and inserted in such Apprentice to Indenture, being taken truly from the Copy of the Entry in the ¡.ft'he'Yndeu-Register Book wherein the Time of his being baptized is or shall tore.
be entered (where the same can or may be bad), which Copy shall be given and attested by the Minister, Vicar, or Curate of the Parish or Place wherein such Child’s Baptism shall be registered, without Fee or Reward, and may be written upon Paper or Parchment; and where no such Copy of any Entry of such Child being baptized can be had, such Justices of the Peace shall as fully as they can inform themselves of his Age, and from such Information shall insert the same in the said Indenture ; and the Age of such Child so inserted and mentioned in the said Indenture (in relation to the Continuance of his Service) shall be taken to be his true Age without any further Proof thereof.
XI.	And be it further enacted, That no Person exercising the Bovs not to
Trade or Business of a Chimney	Sweeper shall	let out to Hire	be let	out	to
by the Day or otherwise, to any	other Person,	for the Purpose	Mlrt''
of Chimney sweeping, any Child already an Apprentice or that shall hereafter be bound Apprentice under the Directions of this Act.
XII.	And whereas it is advisable that before any Boy shall be Boys to have
bound by Indenture to learn the Business of a Chimney Sweeper, a » Trial of the previous Trial of such Business should take place on the Part of the Bl,M."ess Boy, under proper Regulations ; be	it therefore further enacted, That	bafn^appren-
before any Boy shall be bound as	an Apprentice	by Indenture as	deed,
herein provided, it shall be lawful for the intended Master of such200
Justices to examine Boys who have been upon Trial before Binding, and if Bovs are unwilling shall refuse their Sanc-
Limitation of Boys on Trial.
Streets not to be hawked or called by Chimney Sweepers.
Penalty.
Apprentices not to be evil-treated by their Employers.
4°& 5°GULIELMI IV. Cap.35.
Boy to have and receive such Boy in such Master’s House upon Trial for any Time not exceeding Two Calendar Months from the Commencement of such Trial, and during such Period of Trial to permit and suffer such Boy to ascend Chimneys and to work in all respects as an Apprentice in the said Business of a Chimney Sweeper : Provided always, that before the Commencement of such Trial such Boy, with his Parent, next Priend or Guardian, or Parish Officer, and such intended Master, shall go before any Two Justices of the Peace acting in and for the County, Stewartry, Riding, City, Town Corporate, Borough, Division, or Place where such intended Master shall reside, and shall enter and register with the Clerk to the said Justices the Name and Residence of the intended Master, and also the Name, Residence, and Age of such Boy, and the Names and Residences of the Parties accompanying such Boy, and also the intended Period of Trial, which shall be deemed to commence on the Day after such Entry and Register, and shall not exceed the Term of Two Calendar Months from such Day: Provided also, that such Boy shall at the Commencement of such Trial be of the full Age of Ten Years, to be ascertained as herein directed in other Cases.
XIII.	And be it further enacted, That the Justices of the Peace before whom any Boy shall be brought for the Purpose of being bound to a Chimney Sweeper, and which Boy shall have been upon Trial with the intended Master or Mistress, shall ascertain from such Boy whether he is willing and desirous to follow the Business of a Chimney Sweeper, and to be bound to such Master or Mistress ; and in case such Boy shall be unwilling to be bound, such Justices shall and they are hereby required to refuse to sanction or approve of such Binding.
XIV.	And be it further enacted, That no Master or Mistress Chimney Sweeper shall have more than Two Boys at any One Time on Trial, as herein-before provided, nor more than Four Apprentices at one and the same Time.
XV.	And be it further enacted, That from and after the passing of this Act it shall not be lawful for any Master or Mistress Chimney Sweeper, or for any Journeyman, Servant, or Apprentice of any Chimney Sweeper, or for any Person whomsoever acting as a Chimney Sweeper, to call or hawk the Streets in any City, Town, or Village, or elsewhere, for Employment in his or her Trade as a Chimney Sweeper ; and if any Person, Chimney Sweeper, Journeyman, Servant, or Apprentice, shall offend herein, he shall be subject and liable for every such Offence to forfeit and pay a Sum not exceeding Forty Shillings.
XVI.	And be it further enacted, That if any such Master or Mistress shall misuse or evil-treat his or her Apprentice, or if the said Apprentice shall have any just Cause to complain of the Forfeiture or Breach of any of the Covenants, Provisions, or Agreements to be expressed and contained in the Indenture, according to the Form in the Schedule hereunto annexed, on the Part and
2	Behalfy ¿/ a oVû^0
4° & 5° GULIELMI IV. Cap.35.
Behalf of such Master or Mistress, then and in such Case such Master or Mistress, being convicted thereof, shall forfeit and pay for every such Offence any Sum not exceeding Ten Pounds nor less than Forty Shillings.
XVII.	And be it further enacted, That it shall and may be lawful for any Two or more Justices of the Peace, and they are hereby authorized and empowered, to inquire into, and examine, hear, and determine, all Complaints of hard or ill Usage exercised by the several and respective Masters or Mistresses towards their Apprentices, whether such Complaints be preferred by any such Apprentice or Apprentices, or by any other Person, and also all Complaints of Masters or Mistresses against such Apprentice or Apprentices, and to make such Orders therein respectively as any Justice or Justices is or are now enabled by Law to do in other Cases between Masters and Apprentices.
XVIII.	And whereas it is expedient that for the better Security from Accidents by Fire or otherwise an improved Construction of Chimneys and Flues should hereafter be adopted; be it therefore further enacted, That all Withs and Partitions between any Chimney or Flue which at any Time after the passing of this Act shall be built or rebuilt shall be of Brick or Stone, and at least equal to Half a Brick in Thickness ; and every Breast, Back, and With or Partition of any Chimney or Flue, hereafter to be built or rebuilt, shall be built of sound Materials, and the Joints of the Work well filled in with good Mortar or Cement, and rendered or stuccoed within ; and also that every Chimney or Flue hereafter to be built or rebuilt in any Wall, or of greater Length than Four Feet out of any Wall, not being a circular Chimney or Flue of Twelve Inches in Diameter, shall be in every Section of the same not less than Fourteen Inches by Nine Inches ; and no Chimney or Flue shall be constructed with any Angle therein which shall be less obtuse than an Angle of One hundred and twenty Degrees, and every salient or projecting Angle in any Chimney or Flue shall be rounded off' Four Inches at the least; upon pain of Forfeiture, by every Master Builder or other Master Workman who shall make or cause to be made such Chimney or Flue, of the Sum of One hundred Pounds, to be recovered, with full Costs of Suit, by any Person who shall sue for the same in any of His Majesty’s Courts of Record at Westminster : Provided nevertheless, and be it enacted, That nothing in this Clause contained shall be construed to prevent Chimneys or Flues being built at Angles with each other of Ninety Degrees and more, such Chimneys or Flues having therein proper Doors or Openings not less than Six Inches square.
XIX.	And be it further enacted, That all Convictions for Penalties and Forfeitures by this Act imposed for any Offence against the same shall be made by any Two or more Justices of the Peace, either by Confession of the Offender or upon the Oath or Affirmation of One or more credible Witness or Witnesses.
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261
Penalty.
Complaints preferred by Apprentices or their Employers to be inquired into by Justices.
Materials and Construction of Chimneys and Flues particularly directed.
Regulations as to Angles of Flues.
Chimneys of a certain Construction may be built nt Angles.
Convictions to be made before Two Justices.
XX. And