Chimney Sweepers and Chimneys Regulation Act, 1840

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CHIMNEY SWEEPERS AND CHIMNEYS REGULATION ACT 1840

CHAPTER LXXXV.

An Act for the Regulatation of Chimney Sweepers and Chimneys.[¹] [7th August 1840.]

[Preamble (reciting 4 & 5 Will. 4. c. 35) rep. 51 & 52 Vict. c. 57. S. 1 rep. 37 & 38 Vict. c. 96 (S.L.R.)]

Penalty for compelling or allowing children to climb chimneys.

2. . . . any person who shall compel or knowingly allow any child or young person under the age of twenty-one years to ascend or descend a chimney, or enter a flue, for the purpose of sweeping, cleaning, or coring the same, or for extinguishing fire therein, shall be liable to a penalty not more than ten pounds . . .

No child under sixteen years to be apprenticed to a chimney sweeper.

3. . . . it shall not be lawful to apprentice to any person using the trade or business of a chimney sweeper any child under the age of sixteen years; and every indenture of such apprenticeship which may be entered into . . . shall be null and void.

[Ss. 4, 5 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Regulations as to construction of chimneys and flues.

6. [Recital.] All withs and partitions between any chimney or flue which at any time 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 every chimney or flue hereafter to be built or rebuilt in any wall, or of greater length than four feet out of the wall, not being a circular chimney or flue 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, except as herein after excepted; 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 any sum of not less than ten pounds nor exceeding fifty pounds: Provided nevertheless, that notwithstanding this Act chimneys or flues may be 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.

Before whom convictions may be had.

Penalties how to be levied and applied.

7. All convictions for penalties for any offence against this Act may be had before two or more justices of the peace acting for the county, riding, city, borough, division, or place where the offence shall happen, or before the sheriff of any county in Scotland; and such penalties, and the cost and charges attending the recovery thereof, shall be levied by distress and sale of the goods and chattels of the offender or person liable or ordered to pay the same respectively, by warrant under the hands and seals of two or more of the said justices, or under the hand of any such sheriff, rendering the overplus of such distress and sale (if any) to the party or parties, after deducting the charge of making the same; which warrant such justices or sheriffs are hereby empowered and required to grant, upon conviction of the offender by confession, or oath of one or more credible witness or witnesses; and the penalties, costs and charges, when so levied, shall be paid, the one half to the informer, and the other half to the overseers or mangers of the poor of the parish, township, or place where the offender shall dwell and inhabit, to be by such overseers or mangers applied in aid of the rate or assessment raised for the relief of the poor of such parish, township, or place, and in Scotland, in parishes where there shall be no assessment for the relief of the poor, as the said managers shall direct, or to her Majesty in case there shall be no such overseer or manger.

In default of payment of penalty the parties convicted to be sent to prison.

8. The justices of the peace or sheriffs by whom any person shall be convicted and adjudged to pay any sum of money for any offence against this Act, may adjudge that such person shall pay the same together with costs, either immediately or within such period as the said justices shall think fit; and in default of payment at the time appointed such person shall be imprisoned in the common gaol or house of correction (with or without hard labour), as to the said justices or sheriffs shall seem meet, for any time not exceeding two calendar months; the commitment to be determinable upon payment of the amount of the penalty and costs.

[S. 9 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Distress not to be deemed unlawful for want of form, &c.

10. [¹] Where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any default or want of form in any proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers from the beginning on account of any irregularity which shall be afterwards done by the party or parties distraining; but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage in an action on the case, to be brought in some of the courts of record at . . . Dublin . . . Provided always, that no plaintiff or plaintiffs shall recover in any action for any such irregularity, trespass, or wrongful proceeding, if tender of sufficient amends for any such special damage shall be made by or on behalf of the party or parties who shall have committed or cause to have been committed any such irregularity or wrongful proceeding, before such action or complaint brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see fit, whereupon such proceedings or order and judgments shall be had, made, and given in and by such court, as in other actions where the defendant is allowed to pay money into court.

Appeal.

11. Any person who shall think himself or herself aggrieved by any conviction by any justice or justices of the peace under this Act, may appeal to the next court of general or quarter sessions of the peace [²] which shall be holden not less than twelve days after the day of such conviction for the county riding, city, borough, division, or place wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such session, and shall also either remain in custody until the session, or enter into a recognizance, with two sufficient sureties, before a justice of the peace conditioned personally to appear at the said session of the peace, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody; and the court at such session shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet, and in case of the dismissal of the appeal or affirmance of the conviction shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment]; and all judgments, determinations, and proceedings of such justices not appealed from as aforesaid, and of such sheriff or quarter sessions, shall be final, and not subject to review by any process of law or court whatever, any law or usage to the contrary notwithstanding.

Conviction, &c., not to be quashed for want of form, &c.

12. No conviction or adjudication made on appeal thereform shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty’s superior courts of record; [¹ and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.]

[S. 13 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

[¹ Short title “The Chimney Sweepers and Chimneys Regulation Act, 1840.” See 55 & 56 Vict. c. 10.

This Act is rep. 7 & 8 Vict. c. 84. s. 1, as to so much as relates to the construction and regulation of chimneys and flues within the limits of that Act.]

[¹ S. 10 rep. except as to Ireland, 55 & 56 Vict c. 19 (S.L.R.)]

[² Words in brackets rep. except as to Ireland, 55 & 56 Vict. c. 19 (S.L.R.)]

[¹ Words in brackets rep. except as to Ireland, 55 & 56 Vict. c. 19 (S.L.R.)]