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General => The Common Room => Topic started by: philipsearching on Thursday 04 July 19 16:40 BST (UK)

Title: Mining legislation 1860 - England
Post by: philipsearching on Thursday 04 July 19 16:40 BST (UK)
I have two very specific questions which I hope someone may be able to answer.

Various websites discuss the raising of the minimum age for boys to work underground from ten to twelve.  This is variously described as "Mines Act 1860" and "Coal Mines Regulation Act 1860".

I looked on legislation.gov.uk to find out more - but couldn't find it (presumably because the Act has been supersed and repealed).

What I need to know is:
1) What was the exact title of the Act?
2) Did the Act apply only to coal or also tin, copper, and other mines?

Also - if anyone can give me a link to the original legislation online I would be hugely grateful.

Philip


Title: Re: Mining legislation 1860 - England
Post by: stanmapstone on Thursday 04 July 19 16:58 BST (UK)
These are the relevant nineteenth century Acts regarding the employment of children in mines.


1842. AN ACT "to Prohibit the Employment of Women and Girls in Mines and Collieries, to Regulate the Employment of Boys, and to make other Provisions relating to Persons working therein." (5 & 6 Vict., c. 99.)

This is the first of the series of Mines Regulation Acts. The employment of females within any mine or colliery was absolutely forbidden, and indentures relating thereto were declared to be void. The employment of boys under ten was similarly forbidden. Inspectors were to be appointed to see that the provisions of the Act were properly carried out.


1872. THE METALLIFEROUS MINES REGULATION ACT. (35 & 36 Vict., c. 77.)

This prohibits the employment of any boy under the age of twelve, or of any female below ground in any mine to which the Act applies. The employment of boys up to the age of sixteen was limited to fifty-four hours in any one week, or more than ten hours in any one day.



1887. THE COAL MINES REGULATION ACT. (50 & 51 Vict., c. 58.)

This further regulates the employment of children in, on, or about coal mines. The statutory provision relating to employment  of women and girls or of boys under twelve is extended to coal mines, and rules are laid down about overground work as follows:

1. No boy or girl under twelve years of age shall be so employed.
2. No boy or girl under the age of thirteen years shall be so employed:
(a) For more than six days in any one week; or,
(b) If employed for more than three days in any one week, for more than six
hours in one day, or in any other case for more than ten hours in any one day.

Employers are entitled to pay the school fees, if any, not exceeding twopence per week, and to deduct the same from the child's wages.
1900. MINES REGULATION ACT (PROHIBITION OF CHILD LABOUR UNDERGROUND). (63 & 64 Vict., c.21.)

This is a very short Act, containing practically only one section, which is as follows:

"A boy under the age of thirteen years shall not be employed in, or allowed to be for the purpose of employment in, any mine below ground, and accordingly Sections 4 and 5 of the Coal Mines Regulation Act, 1887, and Section 4 of the Metalliferous Mines Regulation Act, 1872, shall be read and have effect as if for the word 'twelve' the word 'thirteen' were substituted therein."

You could have a look at http://www.dmm.org.uk/
Stan
Title: Re: Mining legislation 1860 - England
Post by: philipsearching on Thursday 04 July 19 17:11 BST (UK)
1872. THE METALLIFEROUS MINES REGULATION ACT. (35 & 36 Vict., c. 77.)

This prohibits the employment of any boy under the age of twelve, or of any female below ground in any mine to which the Act applies. The employment of boys up to the age of sixteen was limited to fifty-four hours in any one week, or more than ten hours in any one day.


Thank you, Stan.

It seems that the 1860 Act which I was hunting could be a red herring if the 1872 Act specifically mentions a minimum age for metalliferous mines - this would fit with the Cornish copper mines I am researching.  In particular, I am looking at the injury (followed by death) of an eleven year old boy underground in 1862.  I had wondered if he was unlawfully employed, but it would seem not.

As a sidenote, one can read between the lines and be horrified from a modern standpoint that the minimum age for boys working underground was set at 10 in 1842, 12 in 1860/72 and 13 in 1900.

Philip
Title: Re: Mining legislation 1860 - England
Post by: CarolA3 on Thursday 04 July 19 17:13 BST (UK)
The Coal Mines Regulation Act of 1860 is described briefly here (UK Parliament site):

https://www.parliament.uk/about/living-heritage/transformingsociety/livinglearning/19thcentury/overview/coalmines/

Carol
Title: Re: Mining legislation 1860 - England
Post by: mazi on Thursday 04 July 19 17:32 BST (UK)
You can read all about the debates on “mines regulation and inspection bill 1860” on historic hansard
but nothing about whether it ever got passed, or fell by the wayside.

Mike
Title: Re: Mining legislation 1860 - England
Post by: philipsearching on Thursday 04 July 19 17:38 BST (UK)
You can read all about the debates on “mines regulation and inspection bill 1860” on historic hansard
but nothing about whether it ever got passed, or fell by the wayside.

Mike

Thank you, Mike.

As various websites (some more reliable than others!) refer to an Act I think it is reasonable to assume that the Bill was passed, but the likelihood is that it only covered the coal industry.

Philip
Title: Re: Mining legislation 1860 - England
Post by: stanmapstone on Thursday 04 July 19 17:39 BST (UK)
The 1860 "Act for the Regulation and Inspection of Mines" replaced the Acts of 1842 and 1855, and as well as strengthening the general rules it controlled the employment of boys under twelve years of age.

Stan
Title: Re: Mining legislation 1860 - England
Post by: stanmapstone on Thursday 04 July 19 17:44 BST (UK)
From the Western Morning News - Saturday 29 December 1860

Stan
Title: Re: Mining legislation 1860 - England
Post by: CarolA3 on Thursday 04 July 19 17:52 BST (UK)
You can read all about the debates on “mines regulation and inspection bill 1860” on historic hansard
but nothing about whether it ever got passed, or fell by the wayside.

Mike

Thank you, Mike.

As various websites (some more reliable than others!) refer to an Act I think it is reasonable to assume that the Bill was passed, but the likelihood is that it only covered the coal industry.

Philip

See my reply #3.
I would have thought the UK Parliament's own website would be one of the more reliable ones ??? 

Carol
Title: Re: Mining legislation 1860 - England
Post by: mazi on Thursday 04 July 19 17:56 BST (UK)
You can read all about the debates on “mines regulation and inspection bill 1860” on historic hansard
but nothing about whether it ever got passed, or fell by the wayside.

Mike

Thank you, Mike.

As various websites (some more reliable than others!) refer to an Act I think it is reasonable to assume that the Bill was passed, but the likelihood is that it only covered the coal industry.

Philip

See my reply #3.
I would have thought the UK Parliament's own website would be one of the more reliable ones ??? 

Carol

So would I, but you would think they would get the title correct. ;) :) ;)
Title: Re: Mining legislation 1860 - England
Post by: stanmapstone on Thursday 04 July 19 18:15 BST (UK)
As you can see from the newspaper report boys between ten and twelve can still be employed underground with certain conditions.

Stan
Title: Re: Mining legislation 1860 - England
Post by: philipsearching on Thursday 04 July 19 18:54 BST (UK)
From the Western Morning News - Saturday 29 December 1860

Stan

Stan, you star!

That tells me everything I needed to know.  Thank you so much.

Philip
Title: Re: Mining legislation 1860 - England
Post by: stanmapstone on Thursday 04 July 19 19:16 BST (UK)
It looks as though the sites that state  The Coal  Mines  Regulation  Act  of  1860  raised the age limit for boys from 10 to 12 did not know the actual wording of the Act and that boys between ten and twelve could still be employed underground with certain conditions.
The 1887 Act states that no boy or girl under twelve years of age shall be so employed.
Stan