# The Agricultural Children Act, 1873, and the Agricultural Gangs Act, 1867

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THE
AGRICULTURAL CHILDREN ACT,
1873,
AND THE
AGRICULTURAL GANGS ACT,
1867,
With Introduction and Notes.
BY
GEORGE F. CHAMBERS, F.R A.S.,
OF THE INNER TEMPLE, BARRISTER-AT-LAW, AUTHOR OF "A DIGEST OF THE PUBLIC HEALTH STATUTES FOR URBAN AND RURAL SANITARY AUTHORITIES."
LONDON: KNIGHT & CO., 90, FLEET STEEET. 1873.
The present publication has been framed for the simple purpose of promoting the working of the recent Act passed to regulate the employment of Children in Agricultural pursuits (36 & 37 Vict. c. 67). And in order to carry out this object the better, a kindred Act concerning Agricultural Gangs (30 & 31 Vict. c. 130) has also been dealt with.
The Notes are of the most simple character; they have been put together with the idea that this brochure will reach the hands of many persons who hitherto have not had much (or any) occasion to concern themselves with Acts of Parliament of any kind.
I shall at all times be glad to receive hints calculated to improve the usefulness of the work should a second edition be called for.
G. F. C.
1 Cloisters, Temple, November, 1873.
CONTENTS.
"THE AGRICULTURAL CHILDREN ACT, 1873."
"THE AGRICULTURAL GANGS ACT, 1867."
INTRODUCTION.
The session of 1873 marks a new era in that department of legislation which has reference to the industrial operations of the country. Numerous as have been the enactments popularly known as the "Factory Acts," they have hitherto been limited to places which, with more or less propriety, are called "factories" or "workshops," or, at any rate, are places within walls, &c., and comparatively under cover.
Now, however, the range of this kind of legislation has been considerably extended, and the statute 36 & 37 Vict. c. 67, the short title of which is the "Agricultural Children Act, 1873," supplements the "Agricultural Gangs Act, 1867," and brings under full statutory control children employed "in the execution of various kinds of agricultural work." The Act, and the kindred one named above, may be considered as resulting jointly from the increased attention given of late years to questions of public health and morality on the one hand, and to education on the other. Indeed, the preamble of the Act of 1873 explicitly states that the Act has been passed "with a view to the better education" of children engaged in agricultural pursuits.
This is not the place, nor is A. D. 1873 the time, to discuss the questions of political economy which naturally crop up in connection with State interference with trade usages and trade contracts between man and man. The experience of centuries, and especially of the present century (and that abroad as well as at home), has, however, amply demonstrated the fact that it is for the good of the community at large that employers and employed should be to a greater or less ​extent fettered in their relations with each other as to servitude; and though it is an undoubted innovation for the Legislature actively to interfere between master and servant where both are connected exclusively with the cultivation of the soil of the country, yet the innovation is, as has been implied above, backed by worldwide experience; and it is to be hoped that the agriculturists of England—landlords and tenant-farmers alike—will accept with good grace the Act now brought under their notice, and will in good faith do their part in carrying it out.
The Act comprises but sixteen short sections, and is singularly simple in its provisions. It does not extend to Scotland or to Ireland, and does not come into operation in England till January 1st, 1875.
The pith of the Act is to be found in sections 5 and 6. Section 5 prohibits the employment in agricultural work of children under eight years of age, save by a parent and on land in his own occupation. Section 6 places restrictions on the employment in agricultural work of children between the ages of eight and twelve, the restrictions being that they can only be lawfully employed provided they possess certificates of having attended school for a certain number of times (according to a prescribed scale) during a period of one year antecedent to the grant of the certificate by their teacher.
When it is added that, under certain conditions, Justices in Petty Sessions may for eight weeks in one year suspend the restrictions of the Act (section 8); and that the limit of age for children serving in "Agricultural gangs " is advanced from eight to ten (section 16), it may be with propriety affirmed that all the leading features of the Act have been exhibited to the reader.
36 & 37 Vict. c. 67.
An Act to regulate the Employment of Children in Agriculture.
[5th August, 1873.]
Whereas it is expedient to make regulations with respect to the employment of children in the execution of various kinds of agricultural work, with a view to their better education:
Be it enacted by the Queen'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, as follows:—
Short Title.
1. This Act may be cited for all purposes as "The Agricultural Children Act, 1873."
Extent of Act.
2. This Act shall not extend to Scotland or Ireland.
Commencement of Act.
Interpretation.
4. The following words and expressions shall in this Act have the meanings hereby assigned to them, unless there is something in the context inconsistent with such meaning; that is to say,
"Child" shall mean a child under twelve years of age:
"Certificated child" shall mean a child for whom a certificate has been obtained in accordance with the provisions of this Act:
"Parent" shall mean the parent, guardian, or person who is liable to maintain or has the actual custody or control over any child;
"School" shall mean a school which the Lords of the Committee of the Privy Council on Education have recognised as giving efficient elementary education; or if there is no school which has been so recognised within two miles, measured according to the nearest road, of the residence of any child, then with respect to such child any elementary school, and shall also include any school certified by the Local Government Board for pauper children under the Act of the session of the twenty-fifth and twenty-sixth years of the reign of Her present Majesty, chapter forty-three, and any workhouse or district school for paupers under the Poor Law Acts:
"School attendance" shall mean attendance at a morning or afternoon meeting of a school for the whole of the time during which instruction in secular subjects is given at such meeting:
​"Employer" shall mean any person occupying not less than one acre of land:
"Agent" shall mean any person acting as bailiff or foreman or on behalf of any employer, including any person contracting for the execution of any kind of agricultural work on land in the occupation of any employer:
"Summary Jurisdiction Acts" shall mean the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," and any Acts amending the same:
"Court of summary jurisdiction" shall mean any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to.
Prohibition of Employment of Children under Eight Years in agricultural Work.
5. From and after the commencement of this Act it shall not be lawful for any employer or his agent to employ any child under the age of eight years in the ​execution of any kind of agricultural work, unless he be the parent of such child, and the child be so employed by him on land in his own occupation.
Restrictions on Employment of Children above Eight Years in agricultural Work.
6. From and after the commencement of this Act it shall not be lawful, subject as hereinafter mentioned, for any employer or his agent to employ any child above the age of eight years in the execution of any kind of agricultural work, unless the parent of such child has obtained and exhibited to the employer or his agent a certificate in the form in the schedule to this Act annexed, or a form similar thereto, and stating the age of the child on his last birthday previous to the date of the issue of the certificate, and that the child has completed, if under ten years of age two hundred and fifty school attendances, and if ten years of age or upwards, one hundred and fifty school attendances, within a period commencing not more than twelve months immediately preceding the month in which the certificate is issued. Such certificate shall not for the purposes of this Act be of any force or effect after the expiration of twelve months from the date of the issue thereof.
Certificate of School Attendances to he given on Application of Parent.
7. The parent of any child above eight years of age may apply to the principal teacher for the time being of any school which such child has attended during the ​twelve months or any part of the twelve months, immediately preceding the month in which the application is made, to furnish a certificate in the said form specifying the number of school attendances of such child; and any such teacher who, without reasonable cause, makes default in complying with such application shall be guilty of an offence against this Act.
Power to suspend temporarily restrictive Provisions of Act.
8. A court of summary jurisdiction in any petty sessional division may, if it thinks fit, upon the written application of any person or persons occupying in the aggregate not less than three hundred acres of land in such petty sessional division, issue a notice declaring the restrictions imposed by this Act on the employment of children to be suspended therein for the period to be named in such notice; and during such period such restrictions shall not (save as to any proceedings commenced before the date of the notice) be of any force within such petty sessional division: Provided that the period or periods so named by any such court shall not exceed in the whole eight weeks between the first day of January and the thirty first day of December in any year.
The court shall cause a copy of every notice so issued to be sent to the overseers of every parish within such petty sessional division, and the overseers shall affix the same to the door of the principal Churchin the ​parish; and the court may further advertise any such notice in such manner (if any) as it may think fit.
Power of Court to exempt from School Attendances in Case of Illness, &c.
9. Where a court of summary jurisdiction are satisfied that a child has been prevented by illness or some reasonable cause from completing during any twelve months the number of school attendances requisite for obtaining a certificate in accordance with the provisions of this Act, such court may by order made in a summary manner exempt the child for the purposes of this Act from such number of school attendances as may be specified in the order, and a copy of such order shall be delivered gratis to the person applying for the same; and such order shall have the same effect for the purposes of this Act as if it were a certificate that the child had completed the number of school attendances mentioned in such order.
Saving for Children employed in Harvest or unable to attend School, or employed when School is closed.
10. Nothing in this Act shall render any employer or his agent liable to any penalty for employing any child above the age of eight years for whom no certificate has been obtained in accordance with the provisions of this Act in the operations of hay harvest, ​corn harvest, or the gathering of hops, nor shall any employer or his agent be liable to a penalty for employing any such child in the execution of other agricultural work, if it is proved to the satisfaction of the court having cognizance of the case either—
(a.) That during the twelve months immediately preceding the date of the employment there was no school open at which the child could have completed the number of school attendances requisite for obtaining a certificate in accordance with the provisions of this Act within two miles, measured according to the nearest road, of the residence of such child; or
(b.) That the school habitually attended by the child was closed for the holidays or other temporary cause at the time of the employment.
Cases in which Provisions of Act shall not apply
11. The provisions of this Act with respect to the employment of children shall not apply in the case of any child who has obtained from one of Her Majesty's Inspectors of Schools, or from some person to be deputed by him for the purpose, a certificate under his hand to ​the effect that such child has reached the fourth standard of education as prescribed. by the Minutes of the Education Department for the time being in force with respect to the Parliamentary Grant, or such other standard as may from time to time be fixed for the purpose of this Act by Minute of the Education Department; nor shall the said provisions apply in the case of any child for the time being detained in a certified reformatory school or in a certified industrial school within the meaning of the Reformatory Schools Acts, 1866 and 1872, and the Industrial Schools Acts, 1866 and 1872 respectively.
Persons employing Children in Contravention of Act deemed guilty of Offence against Act.
12. If any employer or his agent employs any child in contravention of any of the provisions of this Act he shall be guilty of an offence against this Act, unless it appears to the court having cognizance of the case that the child was so employed on the representation of his parent and under the belief in good faith that he was a duly certificated child, or above the age of twelve years, in which case the employer or agent shall not be, but the parent shall be, guilty of an offence against this Act.
Penalty for forging, &c. Certificate.
13. Every person who forges or counterfeits any certificate required by this Act, or gives or signs any such certificate falsely, or wilfully makes use of any forged, counterfeited, or false certificate, or aids in or abets any of the foregoing offences, shall be liable to be imprisoned for any period not exceeding three months with or without hard labour.
Penalty on Offences against Act.'
14. Every person guilty of an offence against this Act for which no other punishment is imposed by this Act, shall be liable, if he be an employer or an agent to a penalty not exceeding five pounds, and if he be any other person to a penalty not exceeding one pound.
Summary Proceedings for Offences against Act.
15. All offences against this Act, and all penalties under this Act, may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts, before a court of summary jurisdiction, which, when hearing and determining an information or complaint, or any application under this Act, shall be constituted of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions, or of some magistrate or officer for the time being empowered by law to do aloneany act authorized to ​be done by more than one justice of the peace sitting at some court or other place appointed for the administration of justice.
Repeal of Sect. 4 of 30 & 31 Vict. c. 130.
16. So much of the fourth section of the Agricultural Gangs Act, 1867, as enacts that no child under the age of eight years shall be employed in any agricultural gang shall be and the same is hereby repealed; and in lieu thereof be it enacted, that no child under the age of ten years shall be employed in any agricultural gang.
SCHEDULE.
Form of Certificate of School Attendance.
I hereby certify that the subjoined particulars of date of admission to and number of attendances at School with reference to A.B. residing with C.D. at are correct.
| Name of Child. | Date of Admission to this School. | Date of Admission to this School. | Number of School Attendances within the Twelve Months ending |
| Name of Child. | Month. | Year. | Number of School Attendances within the Twelve Months ending |
And I further certify, that to the best of my belief the age of the said A.B. on his last birthday was years.
(Signed) M.N.,
Principal Teacher of School.
Dated of one thousand eight hundred and
30 & 31 VICT. c. 130.
An Act for the Regulation of Agricultural Gangs.
[20th August, 1867.]
Whereas in certain counties in England certain persons known as gangmasters hire children, young persons, and women with a view to contracting with farmers and others for the execution on their lands of various kinds of agricultural work: And whereas it is expedient to make regulations with respect to the employment of children, young persons, and women by gangmasters:
Be it enacted by the Queen'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, as follows:
Short Title.
1. This Act may be cited for all purposes as "The Agricultural Gangs Act, 1867."
Commencement of Act.
2. This Act shall come into operation on the first of January one thousand eight hundred and sixty-eight.
Definition of Terms.
3. The following words and expressions shall in this Act have the meanings hereby assigned to them, unless there is something in the context inconsistent with such meanings; that is to say,
"Child" shall mean a child under the age of thirteen years:
"Young person" shall mean a person of the age of thirteen years and under the age of eighteen years:
"Woman" shall mean a female of the age of eighteen years or upwards:
​"Gangmaster" shall mean any person, whether male or female, who hires children, young persons, or women with a view to their being employed in agricultural labour on lands not in his own occupation; and, until the contrary is proved, any children, young persons, or women employed in agricultural labour on lands not in the occupation of the person who hired them shall be deemed to have been hired with the aforesaid view:
"Agricultural gang" shall mean a body of children, young persons, and women, or any of them, under the control of a gangmaster.
Regulations as to Gangs.
4. The following regulations shall be observed by every gangmaster with respect to the employment of children, young persons, and women:
(1.) No child under the age of ten years shall be employed in any agricultural gang:
(2.) No females shall be employed in the same agricultural gang with males:
(3.) No female shall be employed in any gang under any male gangmaster unless a female licensed to act as gangmaster is also present with that gang:
And any gangmaster employing any child, young person, or woman in contravention of this section, and any occupier of land on which such employment takes place, unless he proves that it took place without his knowledge, shall respectively be liable to a penalty not exceeding twenty shillings for each child, young person, or woman so employed.
Gangmasters to be licensed.
5. No person shall act as a gangmaster unless he has obtained a licence to act as such under this Act.
​Any person acting as a gangmaster without a licence under this Act shall incur a penalty not exceeding twenty shillings for every day during which he so acts.
Licences not to he granted to Keepers of Public Houses.
6. No licence shall be granted to any person who is licensed to sell beer, spirits, or any other exciseable liquor.
Licences to Gangmasters.
7. Licences to gangmasters shall be granted by two or more Justices in Divisional Petty Sessions, on due proof to the satisfaction of such Justices that the applicant for a licence is of good character, and a fit person to be intrusted with the management of an agricultural gang.
The Justices shall annex to their licence a condition limiting, in such manner as they think expedient, the distances within which the children employed by such gangmaster are to be allowed to travel on foot to their work, and any gangmaster violating the condition so annexed to his licence shall for each offence be liable to a penalty not exceeding ten shillings.
Any person aggrieved by the refusal of the Justices to grant him a licence to act as gangmaster may appeal to the next practicable Court of General or Quarter Sessions: and it shall be lawful for such Court, if they see cause, to grant a licence to the applicant, which shall be of the same validity as if it had been granted by the Justices in Petty Sessions.
Renewal of Licences.
8. Licences under this Act shall be in force for six months only, and may be renewed on similar proof to that on which an original licence is granted.
Fees in respect of Licences.
9. There shall be charged in respect of each grant or renewal of licence a fee of one shilling, and such ​fee shall be accounted for and applied in manner in which the fees ordinarily received by the authority granting the licence are applicable.
Licence, how affected by Conviction of Gangmaster.
10. On any conviction of a gangmaster of any offence against this Act the Justices who convict him shall endorse on his licence the fact of such conviction; and on any conviction of such gangmaster of a second offence against this Act the Justices may, in addition to any other penalty, withhold his licence for a period not exceeding three months; and on any conviction of any gangmaster of a third offence against this Act the Justices may, in addition to any other penalty, withhold his licence for a period not exceeding two years
And after a fourth conviction for an offence against this Act the gangmaster shall be disqualified from holding or receiving a licence under this Act.
Recovery of Penalties.
11. All penalties under this Act may be recovered summarily before two or more Justices in manner directed by an Act passed in the session holden in the eleventh and twelfth years of the reign of Her Majesty Queen Victoria, chapter forty three, intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders, or any Act amending the same.
Extent of Act.
12. This Act shall not apply to Scotland or Ireland.
* ↑ The evident object of fixing so distant a date for the commencement of the Act is that ample opportunity should be offered to parents to cause their children to qualify. The first qualifying year will therefore be the year ending December 31, 1874, and it will probably be found in practice very convenient to all parties that, as far as possible, certificates should always run from January to December.
* ↑ *By the "Factory Act," 3 & 4 William IV. c. 103, § 7, the limit of age of a "child" is nine years.
* ↑ † 25 & 26 Vict. c. 43.
* ↑ ‡ See the "Consolidated Order" of the Poor Law Board, dated July 24, 1847, Art. 212.
* ↑ Reference is here made to those contractors for labour who bear the name of "Agricultural Gang-masters." The abuses of the system were strikingly brought out by the "Royal Commission on the Employment of Children Young Persons, and Women in Agriculture, 1867."
* ↑ † This is the well-known "Jervis's Act." The amending Acts have not been numerous. The chief of them are 20 & 21 Vict. c. 43, and 80 & 31 Vict. c. 35.
* ↑ ‡ See definition in § 4.
* ↑ * See §§ 8, 9, 10, and 11, post.
* ↑ † See post, p. 16.
* ↑ ‡ From this it will be seen that every certificate must be framed so as to apply to a period ending with the last day of a calendar (13 & 14 Vict. c. 21, s. 4) month. The intention of the text is tolerably clear, but the language used is not the happiest possible.
* ↑ * In the case of a child having attended more than one school in succession during any period of twelve months which is to be used for the purposes of a qualification, the principal teacher of each school may be applied to, and must then give such a certificate as is appropriate to the facts.
* ↑ † See § 4, ante.
* ↑ ‡ There are occasionally parishes to be met with which have ceased to possess a Church of their own. This Act makes no provision for such a case. Note that meeting-houses are not mentioned: presumably this is because there are few meeting-houses in rural districts, where the population is poor and scattered.
* ↑ * This will include advertisements in the shape of hand-bills, as well as newspaper advertisements.
* ↑ † Nothing is said as to how the expenses of carrying out this section are to be defrayed; but it seems reasonable that the expenses should be fastened on the parties who seek to have § 8 put into operation.
* ↑ * These restrictions should be carefully noted. They amount to a prohibition of much quasi agricultural work in which it has heretofore been usual to employ children for hire, e.g., apple gathering in cider districts. "Corn harvest" would no doubt be interpreted to include all crops known as "Cereals," such as wheat, barley, oats, and rye, but not, it is presumed, beans, mangold wurzel, or turnips.
* ↑ † The question arises, whether a public foot-path is to be deemed a "road" for the purposes of this enactment. Probably the question may safely be answered in the affirmative, but if this opinion be accepted, of course the number of the children who will be able to claim exemption from this Act on the score of distance will be reduced appreciably.
* ↑ This enactment is in a certain sense a reward for proficiency; that is to say, a child who by his (or her) industry has obtained a specially good place at school will be favoured accordingly in his (or her) opportunities of beginning at an early age to earn a livelihood by manual labour.
* ↑ † 29 & 30 Vict. c. 117, and 35 & 36 Vict. c. 21.
* ↑ ‡ 29 & 30 Vict. c. 118, and 35 & 36 Vict. c. 21. The two Acts of 1866, relating to Reformatory and Industrial Schools respectively, were amended in 1872 by one joint Act, though from the text it might be inferred that there were four Acts in all.
* ↑ See § 4, ante.
* ↑ The penalties will (under 11 & 12 Vict. c. 43. s. 81) be payable "to the treasurer of the county, riding, division, liberty, city, borough, or place for which the Justice or Justices shall have acted."
* ↑ See definition in § 4 ante.
* ↑ Allusion seems to be here made especially to the various Acts relating to Stipendiary Magistrates: see for instance 21 & 22 Vict. c. 73, ss. 1-2, and 26 & 27 Vict, c. 97.
* ↑ See post, p. 17 et seq.
* ↑ * Altered to ten from eight by 36 & 37 Vict. c. 67, s. 16.
* ↑ See note †, on p. 9, ante
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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