Acts of Parliament

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See the index for the full list of Acts relating to children, schools and education and for notes on the texts.


Chimney Sweepers Act 1875

This was the fifth of six Acts regulating the work of chimney sweepers.

The 1788 Act set the minimum age at which boys could be employed to climb and clean chimneys at 8 years.

The 1834 Act repealed the 1788 Act and set the minimum age for climbing chimneys at 10 years.

The 1840 Act allowed 16 year olds to be apprentices, but no one under 21 was to climb chimneys.

The 1864 Act allowed 10 year olds to be employed, but no one under 16 was to be present when chimneys were being swept.

The 1875 Act required all chimney sweepers to obtain a certificate of authorisation from the local chief officer of police.

The 1894 Act prohibited chimney sweepers from 'cold calling' (as it is known today) to sell their services.

See also the 1938 Chimney Sweepers Acts (Repeal) Act.

For more on this subject see Chimney Sweep (Wikipedia).

Note

journeyman one who has successfully completed an apprenticeship

The printed version of this Act does not have the usual preliminary pages setting out the contents, so I have created them here. The page numbers in this section (i-ii) are therefore arbitrary.

The text of the Chimney Sweepers Act 1875 was prepared by Derek Gillard and uploaded on 18 August 2019.


Chimney Sweepers Act 1875

Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.


[page i]

Chimney Sweepers Act 1875

CHAPTER 70


ARRANGEMENT OF SECTIONS


Preliminary

1 Short title
2 Commencement of Act
3 Extent of Act
4 Interpretation

Certificates

5 Certificate to be issued by police
6 Certificate for journeymen and others
7 Application for and issue of certificate
8 Certificate for partners
9 Journeyman and assistant exempted
10 Fee on certificate
11 Duration of certificate
12 Uniform period for certificates
13 Endorsing certificate when chimney sweeper desires to carry on business in another district
14 Register of certificates

Offences

15 Penalty for acting as chimney sweeper without certificate
16 Obligation to give name and address
17 Production of certificate on demand
18 Certificate not to be assigned
19 Penalty for false representations etc
20 Deprivation of certificate on conviction under former Acts
21 Duty of police to enforce former Acts


[page ii]

Ireland

22 Powers of Lord Lieutenant
23 Application of penalties

Savings

24 Saving for Vagrant Act
25 Saving for local Acts and local authorities

Schedule

Part I - Police districts and officers
Part II - Summary Jurisdiction Acts
Part III - Forms







[page 743]

VICTORIA

Chimney Sweepers Act 1875

1875 CHAPTER 70

An Act for further amending the Law relating to Chimney Sweepers. [11th August 1875.]

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:

Preliminary

1 Short title

This Act may he cited as The Chimney Sweepers Act 1875.

2 Commencement of Act

This Act shall commence and take effect from and immediately after the thirty-first day of December one thousand eight hundred and seventy-five.

3 Extent of Act

This Act shall not extend to Scotland.

4 Interpretation

In this Act -

"Justice" means a justice of the peace or magistrate having jurisdiction in the county or place where the matter requiring the cognisance of a justice arises:

"Court of summary jurisdiction" means justices or magistrate (however designated) acting under the Summary Jurisdiction Acts described in the schedule to this Act.

Certificates

5 Certificate to be issued by police

The chief officer of police in each police district, as defined in the schedule to this Act, may, subject to the provisions of this Act, issue a certificate authorising the person therein named to carry on the business of a chimney sweeper in the district.

6 Certificate for journeymen and others

Every person who carries on the business of a chimney sweeper, and who employs any journeyman, assistant, or apprentice, shall take out a certificate as herein-after mentioned.

7 Application for and issue of certificate

A person desirous of having a certificate for a district may apply for one to the chief officer of police for the district, by delivering the application at the police station for the district nearest to the applicant's dwelling-place.

The application shall be in form given in the schedule to this Act, or to the like effect, and shall set forth the particulars therein indicated.

Thereupon a certificate shall be delivered to the applicant in the form given in the schedule to this Act, or to the like effect, signed by the chief officer of police.

8 Certificate for partners

Where two or more persons carry on the business of a chimney sweeper in partnership, it shall be sufficient for them


[page 744]

to have one certificate for all the partners, and the forms given in the schedule to this Act may be altered accordingly.

9 Journeyman and assistant exempted

Notwithstanding anything in this Act, it shall not be necessary for a person who carries on the business of a chimney sweeper, in the capacity only of a journeyman of or assistant to a master chimney sweeper, to have a certificate: Provided, that such journeyman or assistant does not employ in chimney sweeping any other person as his paid assistant or as his apprentice.

10 Fee on certificate

Every person to whom a certificate is issued shall on the issue thereof pay a fee of two shillings and sixpence.

The fees received shall be applied as penalties under this Act are applicable.

11 Duration of certificate

Every certificate shall be dated the day of issue, and shall be in force for one year from its date, and no longer.

12 Uniform period for certificates

One of Her Majesty's Principal Secretaries of State may, if he thinks fit, direct that all certificates be made to expire yearly on the same day.

If he does so, he shall provide -

(1) In the case of a certificate issued for less than a year, for apportionment of the fee payable thereon:
(2) For the issue of a certificate instead of a certificate lost or destroyed, and apportionment of the fee payable thereon.
13 Endorsing certificate when chimney sweeper desires to carry on business in another district

The holder of a certificate for one district, who is desirous of carrying on the business of a chimney sweeper in any other district, may forward his certificate to the chief officer of police for such other district for endorsement; and such chief officer shall thereupon endorse and return it without charging any fee, and a certificate so endorsed shall be of the same validity for such last-mentioned district as if it had been originally issued for the same district.

14 Register of certificates

Each chief officer of police shall keep a register of the certificates issued or endorsed by him.

It shall be in such form and shall show such particulars as one of Her Majesty's Principal Secretaries of State from time to time directs, and every such register shall be presumed to be in conformity with such directions until the contrary is shown.

An entry in it, and a copy of such an entry purporting to be certified as a true copy by the chief officer of police, and a statement purporting to be signed by the chief officer of the absence of such an entry in any case, shall be evidence of the matters therein appearing.

Offences

15 Penalty for acting as chimney sweeper without certificate

Every person who carries on such trade or business of chimney sweeper as is herein-before specified without having


[page 745]

such certificate shall be guilty of an offence against this Act, and shall, on conviction thereof in a court of summary jurisdiction, be liable for the first offence to a penalty not exceeding ten shillings, and for every subsequent offence to a penalty not exceeding twenty shillings.

16 Obligation to give name and address

Every person carrying on the business of such chimney sweeper as aforesaid shall, when required by any person for whom he acts or offers to act as a chimney sweeper, or by any justice, or constable or peace officer, give his name and address.

If any such person fails so to do, or gives a false name or false address, he shall be guilty of an offence against this Act, and shall, on conviction thereof in a court of summary jurisdiction, be liable to a penalty not exceeding ten shillings.

17 Production of certificate on demand

Where such person carries on the business of a chimney sweeper as aforesaid he shall, on demand, produce and show his certificate (if any) to any person for whom he acts or offers to act as a chimney sweeper, and to any justice, or constable or peace officer, and allow it to be read and copied by the person to whom it is produced.

If he fails to do so he shall be guilty of an offence against this Act, and shall on conviction thereof in a court of summary jurisdiction, be liable for the first offence to a penalty not exceeding ten shillings, and for every subsequent offence to a penalty not exceeding twenty shillings.

18 Certificate not to be assigned

It shall not be lawful for a person having a certificate to lend or transfer it to another.

It shall not be lawful for any person to borrow, accept, or use a certificate issued to another.

If any person acts in contravention of this section he shall be guilty of an offence against this Act, and shall for every such offence, on conviction thereof in a court of summary jurisdiction, be liable to a penalty not exceeding twenty shillings.

19 Penalty for false representations etc

If any person does any of the following things he shall be guilty of an offence against this Act:

(1) If he makes, or procures to be made, or aids in making, a false statement or representation, knowing it to be false, in any application for a certificate;

(2) If he fabricates, or counterfeits, or alters, or procures to be fabricated, or counterfeited, or altered, or aids in fabricating, or counterfeiting, or altering a certificate;

(3) If he carries, produces, or shows, a fabricated, or counterfeited, or altered certificate, knowing it to be such:

and every person so offending shall, on conviction thereof in a court of summary jurisdiction, be liable for the first offence to a penalty not exceeding forty shillings, and for every subse-


[page 746]

quent offence to the like penalty, with or without imprisonment for a term not exceeding six months, with or without hard labour, or to such imprisonment alone, with or without hard labour.

20 Deprivation of certificate on conviction under former Acts

If any person having a certificate is convicted of an offence against the Chimney Sweepers and Chimneys Regulation Acts 1840 and 1864, or either of them, the court of justice before whom he is convicted may, if it seems fit, deprive him of his certificate for the residue of the current year; and if any person not having a certificate is convicted of an offence against the Chimney Sweepers and Chimneys Regulation Acts 1840 and 1864, or either of them, the court or justice before whom he is convicted may, if it thinks fit, in addition to imposing any other penalty which it may be authorised to impose, declare him disqualified to hold any certificate under this Act for any term not exceeding one year, but such deprivation or disqualification shall be suspended pending any appeal under section eleven of the Chimney Sweepers and Chimneys Regulation Act 1840, and shall be in the discretion of the court of appeal in case the conviction is confirmed.

21 Duty of police to enforce former Acts

The chief officer of police shall enforce and put in execution the Chimney Sweepers and Chimneys Regulation Acts 1840 and 1864, without prejudice to the right of any other person to institute proceedings thereunder.

Ireland

22 Powers of Lord Lieutenant

In Ireland the Lord Lieutenant or other chief governor or governors of Ireland for the time being shall have power and authority under this Act in lieu of one of Her Majesty's Principal Secretaries of State.

23 Application of penalties

Penalties recovered in Ireland shall be applied according to the Fines Act (Ireland), 1851, or any Act amending the same.

Savings

24 Saving for Vagrant Act

A person shall not be exempt from the provisions of any Act relating to idle or disorderly persons, or to rogues or vagabonds, by reason only that he has a certificate under this Act, or assists or accompanies a person having such a certificate.

25 Saving for local Acts and local authorities

Nothing in this Act shall interfere with the operation of any other Act in force in any city, town, or other place, or take away or abridge any power vested in any local authority by any general or local Act.


[page 747]

THE SCHEDULE

PART I

POLICE DISTRICTS AND OFFICERS

Police DistrictChief Officer of Police
In England.
The city of London, and the liberties thereof, exclusive of Southwark.The Commissioner of Police of the City.
The Metropolitan Police DistrictThe Commissioner of Police of the Metropolis.
Any county, any riding, parts, division, or liberty of a county, any borough or town maintaining a separate police force.The chief constable or head constable, or other officer, by whatever name called, having the chief command of the police in the district.
In Ireland.
The police district of Dublin metropolis.Either of the commissioners of police for the district.
Any district, whether city, town, or county, over which is appointed a sub-inspector of the Royal Irish Constabulary.The sub-inspector.

All the police under one chief constable constitute one police force for the purposes of this schedule.

PART II

SUMMARY JURISDICTION ACTS

I. England

11 & 12 Vict. c. 43 - 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.

Any Act amending the same.

II. Ireland

Within the police district of Dublin metropolis, the Acts relating to the powers and duties of justices for that district or the Police of their district.

Elsewhere in Ireland, the Petty Sessions (Ireland) Act 1851.

Any Acts amending the same.


[page 748]

PART III

FORMS

(A) - Application for Certificate

I A.B. [names of applicant in full] of [dwelling-place] hereby apply for a certificate under the Chimney Sweepers Act 1875, to authorise me to act as a chimney sweeper within          police district, and I declare that the following statement, is true and correct:

Names of all Apprentices and others in my employment.Ages of those under 21.Date and Term of Apprenticeship.
A.B. Apprentice17......187      [    ] years.
C.D. Journeyman............
E.F.............

Dated this      day of      18    .

(Signed) A.B.

(B) - Certificate

In pursuance of the Chimney Sweepers Act 1875, I hereby certify that A.B. [names of applicant in full] of     , in the county of     , is authorised to carry on the business of chimney sweeper within the      police district, for one year, reckoned from the date of this certificate.

Dated the      day of      18    .

(Signed) C.D.
Police Officer.