from a surgeon as Sect. 11. "From and after the expiration of six months after the 3&4 Will.4, c. 103. passing of this act it shall not be lawful for any person to employ, keep, Children not to or allow to remain in any factory or mill any child who shall not have be employed withcompleted his or her eleventh year of age without such certificate as is out a certificate hereinafter mentioned, certifying such child to be of the ordinary to strength and strength and appearance of a child of the age of nine years, nor from and appearance. after the expiration of eighteen months after the passing of this act any child who shall not have completed his or her twelfth year of age, without a certificate of the same form, nor from and after the expiration of thirty months after the passing of this act any child who shall not have completed his or her thirteenth year of age, without a certificate of the same form, which certificate shall be taken to be sufficient evidence of the ages respectively certified therein." Sect. 12. "For the purpose of obtaining the certificate hereinbefore required in the case of children under the age of eleven, twelve, or thirteen years respectively, the child shall personally appear before some surgeon or physician of the place or neighbourhood of its residence, and shall submit itself to his examination; and unless the surgeon or physician before whom the child has so appeared shall certify his having had a personal examination or inspection of such child, and also that such child is of the ordinary strength and appearance of children of or exceeding the age of nine years, and unless also such certificate shall within three months of its date be countersigned by some inspector or justice, or in that part of the United Kingdom called Scotland, by some inspector or justice or burgh-magistrate, such child shall not be employed in any factory or mill." Sect. 13. "The certificates hereinbefore required in the case of children under the age of eleven, twelve, or thirteen years respectively shall be in the form following: I, [name and place of residence] surgeon [or physician] do hereby certify, that A. B. the son [or daughter] of [name and residence of parents, or if no parents, then the residence of the child] has appeared before me, and submitted to my examination; and that the said [name] is of the ordinary strength aad appearance [according to the fact] of a child of at least nine years of age [or if apparently above nine, say exceeding.]" Sect. 14. "From and after the commencement of the several periods herein before appointed for restricting the employment of children under the ages of eleven, twelve, and thirteen years respectively, it shall not be lawful to employ, keep, or allow to remain in any factory or mill any person between the said ages respectively and the age of eighteen for more than nine hours in any day, nor between the hours of nine o'clock in the evening and five o'clock in the morning, without first requiring and receiving from such person a certificate in proof that such person is above the age of eleven, twelve, and thirteen respectively, which certificate, if a new certificate shall be required, shall be in such form as may be ordered by any inspector." Certificates to be made by a surgeon or physician. Form of certificate of surgeon or physician. Children between teen not to be nine hours a day, of age. certificates not to was above the age Sect. 15. Provided, that the penalties and punishments hereinafter Penalties against provided against any person not requiring or not receiving such certifi- persons not having cate shall not be levied, if upon the complaint or proceeding for the be levied if it shall, enforcement of such penalties it shall appear to the satisfaction of the appear that the inspector or justice, or in that part of the United Kingdom called Scot-person employed land to the satisfaction of the inspector or justice or burgh-magistrate by or before whom such proceedings shall be had, that the person so employed more than nine hours in the day, or between the hours of nine o'clock in the evening and half-past five o'clock in the morning, without such certificate, was at the time of the alleged offence above the age of eleven, twelve, or thirteen respectively." Sect. 16. "In case any inspector or justice or burgh-magistrate shall refuse to countersign any such certificate, he shall state in writing his reasons for such refusal, and the parents of such child may thereupon take the certificate to the justices of the peace at petty sessions for the place required. Provision in case magistrates refuse certificate. to countersign 42 Geo. 3, c. 73, s.9. Inspectors to be appointed. 3 & 4 Will. 4, c. 103. or district of the child's residence, who are hereby empowered and required to decide upon the validity of such refusal; and every such act of any such petty sessions shall be free of all charge, cost, or expense whatsoever." Sect. 17 enacting, that by the 42 Geo. III. c. 73, s. 9, ante, 3, "It was amongst other things provided, that the justices of the peace for every county or place in which such mill was situated should appoint yearly two persons not interested in or in any way connected with such mills or factories in such county to be visitors of such mills or factories, which visitors so appointed were empowered and required by the aforesaid act to enter such factories at any time they might think fit, and examine and report in writing whether the same were conducted according to the laws of the realm, and also to direct the adoption of such sanitory regulations as they might, on advice, think proper: and whereas it appears that the provisions of the said act with relation to the appointment of inspectors were not duly carried into execution, and that the laws for the regulation of the labour of children in factories have been evaded, partly in consequence of the want of the appointment of proper visitors or officers whose special duty it was to enforce their execution;" it is enacted, "That upon the passing of this act it shall be lawful for his Majesty by warrant under his sign manual to appoint during his Majesty's pleasure four persons to be inspectors of factories and places where the labour of children and young persons under eighteen years of age is employed, and in case of the death or dismissal of any of them to appoint another in the place of such deceased inspector, which said several inspectors shall carry into effect the powers, authorities, and provisions of the present act; and such inspectors or any of them are hereby empowered to enter any factory or mill, and any school attached or belonging thereto, at all times and seasons, by day or by night, when such mills and factories are at work, and having so entered to examine therein the children and any other person or persons employed therein, and to make inquiries respecting their condition, employment, and education; and such inspectors, or any of them, are hereby empowered to take or call to their aid in such examination and inquiry such persons as they may choose, and to summon and require any person upon the spot or elsewhere to give evidence upon such examinations and inquiry, and to administer to such persons an oath." Powers and duties of inspectors for enforcement of this act. Sect. 18. "The said inspectors or any of them shall have power and are hereby required to make all such rules, regulations, and orders as may be necessary for the due execution of this act, which rules, regulations, and orders shall be binding on all persons subject to the provisions of this act; and such inspectors are also hereby authorized and required to enforce the attendance at school of children employed in factories according to the provisions of this act, and to order tickets or such other means as they may think fit for vouchers of attendance at such schools; and such inspectors are also hereby required to regulate the custody of such tickets or vouchers, and such inspectors may require a register of them to be kept in every school and factory; and such inspectors are also hereby authorized and required to order a register of the children employed in any factory, and of their sex and hours of attendance, and of their absence on account of sickness, to be kept in such factory; and all registers, books, entries, accounts, and papers kept in pursuance of this act shall at all times be open to such inspectors, and such inspectors may take or cause to be taken for their own use such copy as they may think proper; and such inspectors shall also make such regulations as may be proper to continue in force any certificates, tickets, or vouchers required by this act, and such certificates, tickets, or vouchers so continued in force shall have the same operation and effect as new certificates, tickets, or vouchers; and such inspector shall order and is hereby authorized to order the occupier of any factory or mill to register or cause to be registered any information with relation to the performance of any labour in such mill or factory, if such inspector deem such information necessary to facilitate the due 3&4 Will. 4, c. 103. enforcement of any of the provisions of this act or of any of the regulations which he may make under the authority of this act; and such inspector is hereby authorized to order such occupier of any mill or factory to transmit, in such manner as may be directed in such order, any information with relation to the persons employed or the labour performed in such mill or factory that such inspector may deem requisite to facilitate the performance of his duties or any inquiry made under the authority of this act." Sect. 19. "It shall be lawful for one of his Majesty's principal secretaries of state, if he shall see fit, upon the application of any inspector, to appoint any one or more persons to superintend, under the direction of any inspector, the execution of the provisions of this act, and of all rules, regulations, and orders made under the authority thereof; and such person shall be paid by such salary as may be determined by one of his Majesty's principal secretaries of state; and such person so appointed shall have authority to enter any school-room, counting-house, or any part of any factory or mill, excepting such part or parts as may be used for manufacturing processes; and if any constable or peace officer shall be required by any inspector to perform any continuous service, it shall be lawful for such inspector to allow a special recompense to such constable or peace officer for such service: provided nevertheless, that any such orders may be altered or disallowed by one of his Majesty's principal secretaries of state, on complaint made to him by memorial from any party interested." One of secretaries of state may appoint persons to superintend under the inspector. school. Sect. 20. "From and after the expiration of six months from the Children in factopassing of this act every child hereinbefore restricted to the perform-ries to attend a ance of forty-eight hours of labour in any one week shall, so long as such child shall be within the said restricted age, attend some school to be chosen by the parents or guardians of such child, or such school as may be appointed by any inspector in case the parents or guardians of such child shall omit to appoint any school, or in case such child shall be without parents or guardians; and it shall and may be lawful, in such last-mentioned case, for any inspector to order the employer of any such child to make a deduction from the weekly wages of such child as the same shall become due, not exceeding the rate of one penny in every shilling, to pay for the schooling of such child; and such employer is hereby required to pay the sum so deducted according to the order and direction of such inspector." Sect. 21. "After the expiration of six months from the passing of this Schoolmasters' act it shall not be lawful to employ or continue to employ in any factory voucher required. or mill any child restricted by this act to the performance of forty-eight hours of labour in any one week, unless such child shall, on Monday in every week next after the commencement of such employment, and during every succeeding Monday or other day appointed for that purpose by an inspector, give to the factory master or proprietor, or to his agent, a schoolmaster's ticket or voucher, certifying that such child has for two hours at least for six or seven days of the week next preceding attended his school, excepting in cases of sickness, to be certified in such manner as such inspector may appoint, and in case of any holiday, and in case of absence from any other cause allowed by such inspector, or by any justice of the peace in the absence of the inspector; and the said last-mentioned ticket shall be in such form as may be settled by any inspector." ing additional schools. Sect. 22. "Wherever it shall appear to any inspector that a new or Means of providadditional school is necessary or desirable to enable the children employed in any factory to obtain the education required by this act, such inspector is hereby authorized to establish or procure the establishment of such school." allow order for Sect. 23. "If upon any examination or inquiry any inspector shall Inspector may disbe of opinion that any schoolmaster or schoolmistress is incompetent or 3 & 4 Will. 4, c. 103. in any way unfit for the performance of the duties of that office, it shall and may be lawful for such inspector to disallow and withhold the order for any payment or any salary to such schoolmaster or schoolmistress as herein before provided." salary, if schoolmaster incom petent. Mill owner liable to penalty for child remaining on the premises more than nine hours. Sect. 24. "If any child within the several ages herein before restricted to the performance of nine hours of day labour shall be kept or allowed to remain in any room or place whatsoever where any machinery is used, or shall be kept or allowed to remain on any premises within the outer walls of any factory or mill, for any longer time than nine hours during any one day, or for any longer time than the residue of such nine hours in the case of any child which has been previously employed for any shorter time during the same day in any other factory or mill, the occupier of such factory or mill shall, without any evidence of the employment of such child, be liable to the same penalty and punishProviso as to play- ment as for employing such child for such longer period: provided grounds and schools. Notices by inspectors. Interior walls of every mill, &c. nevertheless, that no place, yard, or play-ground open to the public view shall be considered part of the premises on which children shall not be allowed to remain beyond the hours hereinbefore stated: and be it further provided, that the children may be allowed to remain in any school-room attached to such factory or mill, or in any other waitingroom or parts of the premises where no machinery is used, and which shall at all times be open to the inspection of any mill warden or peace officer duly appointed under the provisions of this act." Sect. 25. "Notice of any general order or regulation applying to more than one mill or factory, made by any inspector, if published for two successive weeks in one or more newspapers published in the town, place, or county where any such mill or factory is situate, shall in all cases, at the end of seven days after the second publication thereof, have the same effect in attaching a responsibility upon any offender against such order or regulation as a notice personally served upon such offender: provided nevertheless, that such notice shall not be to the exclusion of any other special notice which any inspector may deem expedient or proper." Sect. 26. "The interior walls, except such parts as are painted, of to be lime-washed. every mill or factory or building where the process of manufacturing is carried on, shall be limewashed, and the ceilings of all rooms which have rooms or lofts above them, and all ceilings which are plastered shall be whitewashed once every year, unless permission to the contrary, in writing, be granted by any inspector." [See 42 Geo. III. c. 73, s. 2, ante, 1.] Sect. 27. "And be it further enacted, that a copy or copies of such abstract of this act, and also such copy or copies of any regulation or regulations made in pursuance of this act, as any inspector shall direct, shall be hung up and affixed in a conspicuous part or in the several departments of every mill or factory; and such copy or copies of such abstract and of such rules and regulations, so hung up and affixed, shall be signed by the master or manager or overseer of such mill or factory; and such copy or copies shall be renewed by such master, manager, or overseer so often as any inspector may direct." [And see 42 Geo. III. c. 73, s. 12, ante, 4.] Sect. 28. "If any person shall give, sign, countersign, endorse, or in any manner give currency to any false certificate, knowing the same to be untrue, or if any person shall forge any certificate, or shall forge any signature or endorsement on any certificate, or shall knowingly and wilfully give false testimony upon any point material to any certificate of any inspector or schoolmaster, such person shall be deemed guilty of a misdemeanor, and shall, on conviction thereof before any inspector or justice, be liable to be imprisoned for any period not exceeding two months in the house of correction in the county, town, or place where such offence was committed." Sect. 29. "In case of the employment of any child contrary to the penalty of 20s. for employment of children beyond legal hours, &c. provisions of this act, or for a longer time than is herein before limited 3 & 4 Will. 4, c. 103. and allowed, or without a due compliance with the provisions of this act touching the education of children, or the certificates of surgeons or magistrates, the parent or parents of such child, or any person having any benefit from the wages of such child, shall be liable to a penalty of 20., unless it shall appear to the satisfaction of the justice or inspector that such unlawful employment has been without the wilful default of such parent or person so benefited as aforesaid." Sect. 30. "If any offence shall be committed against this act, for which the master of any factory or mill is legally responsible, and it shall appear to the satisfaction of any justice or inspector that the same has been committed without the personal consent, concurrence, or knowledge of such master, by or under the authority of some agent or servant or workman of such master, it shall be lawful for such inspector or justice to summon such agent or servant or workman before him to answer for such offence, and such agent or servant or workman shall be liable to the penalties and punishment for such offence herein provided, and such inspector or justice shall convict such agent or servant or workman in lieu of such master." Agents and ser vants of factory sonally liable. owners to be per Sect. 31. "If any employer of children in any factory or mill shall, Penalties for by himself or by his servants or workmen, offend against any of the offences. provisions of this act, or any order or regulation of any inspector made in pursuance hereof, such offender shall for such offence (except in the case of any offence for which some other penalty or punishment is specially provided) forfeit and pay any sum not exceeding 201., nor less than 17. at the discretion of the inspector or justice before whom such offender shall be convicted: provided nevertheless, that if it shall appear to such inspector or justice that such offence was not wilful nor grossly negligent, such inspector or justice may mitigate such penalty below the said sum of 11., or discharge the person charged with such offence." Sect. 32. "If any person shall knowingly and wilfully obstruct any inspector in the execution of any of the powers entrusted to him by this act, such person shall for every such offence forfeit and pay a sum not exceeding 102." Sect. 33. "Such inspector shall have the same powers, authority, and jurisdiction over constables and peace officers, as regards the execution of the provisions of this act, as may by law be exercised by his Majesty's justices of the peace over such constables and peace officers." Sect. 34. "All proceedings for the enforcement of any penalty or punishment imposed by or under the authority of this act may be had before any inspector or justice of the peace acting in or for the town, place, county, or division where the offence shall be committed; and the inspector or justice before whom any person shall be summarily convicted and adjudged to pay any sum of money for any offence against this act may adjudge that such person shall pay the same either immediately or within such period as the said inspector or justice shall think fit; and in case such sum of money shall not be paid immediately or at the time so appointed, the same shall be levied by distress and sale of the goods and chattels of the offender, together with the reasonable charges of such distress; and for want of sufficient distress such offender shall be imprisoned in the common gaol for any term not exceeding one calendar month where the sum to be paid shall not exceed 57., or for any term not exceeding two calendar months in any one case, the imprisonment to cease in each of the cases aforesaid upon payment of the sum due." Sect. 35. "All complaints for offences against this act shall be preferred at or before the time of the visit, duly notified, of any inspector Dext after the commission of such offence; and written notice of the intention to prefer the complaint for such offence shall by the complainant be given within fourteen days after the commission of such offence to the party or parties complained against: Provided always, that no more Penalty for obstructing inspec tors. Inspectors to have same powers over justices. constables as Proceedings may be had before any any one magis one inspector or trate. Complaints to be preferred at or before visit of inspector, and previous notice given. Proviso as to penalties. |