3 & 4 Will. 4, c. 103. than one penalty for a repetition of the same offence shall be recoverable, except after the service of the written notice as aforesaid." In case of partner ships, one name sufficient for summons, &c. Service of summons. Inspectors and justices may summon witnesses to appear and give evidence. Sect. 36. "It shall not be deemed necessary in any summons or warrant issued in pursuance of this act to set forth the name or other designation of each and every the partners in any such mill or factory, but that it shall be lawful to insert in such summons or warrant the name of the ostensible occupier or title of the firm by which the occupier or occupiers employing the workpeople of every such mill or factory are usually designated and known." Sect. 37. The service of such summons or warrant on any occupier, principal manager, conductor, or agent of any such mill or factory, shall be good and lawful service." Sect. 38. "It shall be lawful for the inspectors or any of them, or for any justice of the peace, upon any complaint, or upon any investigation under this act without any complaint, to administer an oath to any witness, and to summon any witness forthwith to appear and give evidence before him or them, or at a time and place appointed for hearing such complaint or making such investigation, or to order such witness to be May commit them brought before him by any constable or peace officer; and if such wit on default, and afterwards discharge them on sufficient excuse, or compliance. Convictions to be filed amongst ness shall not appear according to such summons, proofupon oath having been given of the due service of such summons, or shall resist such constable or peace officer, or shall not submit to be examined as a witness, it shall be lawful for such inspectors and justices by warrant under their hand and seal to commit such person for such non-appearance, resistance, or non-submission to the county prison, or prison of the place where such offence was committed, there to remain without bail or mainprize for any time not exceeding two calendar months." Sect. 39. "Provided that, except in the case of resistance to any constable or peace officer, it shall be lawful for the inspector or justice by whom such person shall have been committed to discharge such person from prison, if such person shall show any cause to such inspector or justice which shall be deemed satisfactory as an excuse for such non-appearance, or if such person shall afterwards submit himself to be examined to the satisfaction of such inspector or justice, and the order of such inspector or justice for such discharge shall be a sufficient warrant to any gaoler or prison-keeper." Sect. 40. "Every conviction under this act before any inspector or records of county. justice may be made according to the form in the schedule to this act annexed; which conviction shall be certified to the next general quarter sessions, there to be filed amongst the records of the county, riding, or division, and shall have the force of an act of record, whether the same shall be by an inspector or by a justice of the peace for such county, riding, or division; and no conviction or other proceeding of any inspector or justice under this act shall be deemed illegal for any mere informality." Inspector or justice may commit to prison for two months in case nonpayment of penalty or distress is insufficient. Appeal. Sect. 41. "If any person who shall have been sentenced or adjudged · to pay any penalty or forfeiture under this act shall neglect or refuse to pay the same, it shall be lawful for the inspector or magistrates before whom such person shall have been convicted to issue his warrant to distrain the goods and chattels of such person; and if no sufficient distress shall be found, it shall be lawful for the said inspector or magistrates, upon such fact being certified by the constable having the execution of such distress warrant, to commit such person to the house of correction or common gaol of the town, county, or place where such offence was committed for any time not exceeding two months; and the said warrant of distress, commitment, and certificate of the constable may be in the forms contained in the schedule to this act annexed." Sect. 42. "No appeal against any conviction under this act shall be allowed, except in the case of a conviction for the forgery of any certificates, vouchers, or other documents required by this act, or by any inspector under the authority of this act, neither shall any conviction, except in the case herein last excepted, be removable by certiorari or bill of advocation into any court whatever." 3 & 4 Will. 4, c. 103. Sect. 43. "Any justice or inspector by whom any complaint under Certiorari. this act is determined shall, if he so thinks fit, give to the complainant Application of or prosecutor one half of any penalty imposed for any offence against penalties. any of the provisions of this act, together with all costs of prosecution and conviction, and the remainder of the penalty, or the whole, if he shall think fit, shall be applied as such justice or inspector may direct for the benefit of any school wherein children employed in mills or factories are educated in such township or place where such offence shall be committed: Provided always, that only one penalty shall be Restriction as recoverable for any one description of offence from any one person for to penalties, any one day; and that it shall not be deemed necessary for complainant Summons. or prosecutor to name in any summons the particular township in which such offence shall have been committed, but it shall be lawful to set forth in such summons the name of the parish where such offence may have been committed: Provided always, that such summons shall be issued upon complaint being made upon oath." Sect. 44. "Every inspector shall be and is hereby authorized to order any constable or peace officer to provide for such inspector a convenient place for holding any sitting; and the expense of providing such place shall be defrayed in the manner and proportions and by the person or persons herein appointed for the payment of any special remuneration to any constable or peace officer.' Inspector may provide a conve to be uniform. Sect. 45. "Every inspector shall keep full minutes of all his visits Inspectors to make annual reports. and proceedings, and shall report the same to one of his Majesty's principal secretaries of state twice in every year, and oftener if required, and shall also report the state and condition of the factories or mills and of the children employed therein, and whether such factories or mills are or are not conducted according to the directions of this act and of the laws of the realm: and whereas it is expedient that the proceedings, Proceedings of rules, orders, and regulations of the several inspectors appointed under inspectors required this act shall be as nearly alike as is practicable under all circumstances, therefore such inspectors are hereby required, within three months next after they shall have commenced the execution of their several duties and powers under this act, and twice at least in every year afterwards, to meet and confer together respecting their several proceedings, rules, orders, regulations, duties, and powers under this act, and at such meeting to make their proceedings, rules, orders, and regulations as uniform as is expedient and practicable; and such inspectors are hereby required to make and keep full minutes of such meetings, and to report the same to such secretary of state when they make the report hereinbefore required." Sect. 46, enacts that burgh-magistrates in Scotland shall exercise the Scotland. same powers as justices of the peace in England. Sect. 47. Provided that "nothing in this act contained shall apply to Act not to extend mechanics, artizans, or labourers under the prescribed ages working toppersons on only in repairing the machinery or premises." repairs. repealed. Sect. 48. "From and after the first day of January one thousand 1&2 Will. 4, c. 39, eight hundred and thirty-four the act passed in the first and second years of the reign of his present Majesty, intituled 'An act to amend the laws relating to apprentices and other persons employed in cotton mills, and to make further provisions in lieu thereof,' shall be repealed, and the same is hereby repealed, except as to any act or acts repealed by the same" (a). Sect. 49. "Any words in this act denoting the masculine gender shall Construction of be construed to extend to persons of either sex, and any words denoting term (a) The 1 & 2 Will. IV. repealed the former statutes, except the 43 Geo. III. e. 73, on this subject, viz. the 59 Geo. III. c. 66; 60 Geo. III. c. 5; 6 Geo. H Factories. the singular number shall be construed to extend to any number of persons or things, if the subject-matter or context shall admit of such an 3 & 4 Will. 4, c. 103. interpretation, unless such construction shall be in express opposition to any other enactment." Public act. The word months in 3 & 4 Will. 4 to be construed as calendar months. In silk mills, children under thirteen years of age allowed to work ten hours every working day. Sect. 50 declares the act to be a public one. By the 4 Will. IV. c. 1, intituled "An act to explain and amend an act of the last session of Parliament, for regulating the labour of children and young persons in the mills and factories of the United Kingdom," recites that by the 3 & 4 Will. IV. c. 108, it was enacted among other things that "certain provisions of the said act shall come into operation at the end of eighteen months, and certain other provisions also at the end of thirty months, after the passing of the said act; and it is expedient that the periods mentioned in the said provisions respectively should be construed to be calendar months, not lunar months:" it is enacted that the said periods of eighteen months and thirty months mentioned in the said act shall be construed and taken to mean periods of eighteen calendar months and thirty calendar months respectively." Sect. 2. "And whereas it is provided by the said act, that in mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours in any one day; and doubts have arisen whether, according to the true construction of the said act, children in such mills can be allowed to work ten hours every working day in the week; be it therefore further enacted, that in the mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours every working day in the week; and that this enactment shall be substituted in the place of the provision hereinbefore referred to, and be taken in all respects as part of the said act.” Form of conviction. The schedule to which the 3 & 4 Will. IV. c. 103, refers. } County of [Town of Be it remembered, that on the Warrant to distrain County of for forfeiture. to wit. To the Constable, &c. Whereas A. B. of , in the said county, is this day conJvicted before me C. D., one of her Majesty's inspectors of factories, [or justices of the peace in and for the said county], upon the oath of a credible witness, [or upon my own view, as the case may be], for that he the said A. B. hath [here set forth the offence, describing it particularly in the words of the statute or rule, as near as can be] contrary to the statute [or rule, if the offence is against some rule or regulation or order of an inspector], in that case made and provided, by reason whereof the said A. B. is adjudged to have forfeited the sum of £ to be distributed as hereinafter mentioned: these are therefore in Her Majesty's name to command you to levy the said sum of £ , by distress of the goods and chattels of him the said A. B.; and if within the space of four days next after such distress by you taken, the said sum of £ , together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels by you so distrained, and out of the money arising by such sale that you do pay [according to the award of the justice], returning the overplus, on demand, to him the said A. B., the reasonable charges of taking, keeping, and selling the said distress being first deducted; and if sufficient distress cannot be found of the goods and chattels of the said A. B. whereon to levy the said sum of £ that then you certify the same to me, together with this warrant. Given under my hand and seal the day of C. D. 1. A. B., constable of — in the county of ——, do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within-named, and that I can find no sufficient goods whereon to levy the same. As witness my hand the day ofC. D. Sworn before me the day and year A. B. County of to wit. To the constable of — in the county of —, and to the Commitment for keeper of the common gaol [or house of correction] at want of distress. in the said county, was, on the in the said county. C. D. act. By the 7 Vict. c. 15, intituled, “An Act to amend the Laws relating to 7 Vict. c. 15. Labour in Factories," (6th June, 1844), reciting, that "the laws relating Commencement of to labour in factories require to be amended," it is enacted, "That this act shall take effect from and after the 1st day of October in the year 1844, except any provisions for the taking effect of which any other time shall be hereinafter specially limited, all which last-mentioned provisions shall take effect from and after such time as shall be hereinafter specially mentioned in that behalf.” Sect. 2. "That after the passing of this act no inspector of factories shall have power in that capacity to act as a magistrate, or to make rules, regulations, and orders, as authorized by an act hereinafter called "The Factory Act,' [3 & 4 Will. IV. c. 103], except as hereinafter mentioned; and that no inspector, or person appointed to superintend the execution of the provisions of the Factory Act and of this act under the direction of an inspector, hereinafter called a sub-inspector, shall be liable to serve upon any jury, or to serve any parochial or municipal office, so long as he shall continue to hold the office of inspector or subinspector." Sect. 3. "That every inspector and sub-inspector shall have power to enter every part of any factory at any time, by day or by night, when any person shall be employed therein, and to enter by day any place which he shall have reason to believe to be a factory, and to enter any school in which children employed in factories are educated, and at VOL. III. B 8* Restriction on Power of inspectors and sub-inspectors. Their exemption from certain du ties. Power of inspectors and sub inspectors. Factories. 7 Vict. c. 15. Protection of inspectors and subinspectors. 24 Geo. 2, c. 44. Office of factory inspectors. Management of Persons beginning to occupy a fac tory to send notice to the office of factory inspectors. all times to take with him into any factory the certifying surgeon of the district hereinafter mentioned, and any constable or other peace officer whom he may need to assist him, and shall have power to examine, either alone or in the presence of any other person, as he shall think fit, every person whom he shall find in a factory or in such a school, or whom he shall have reason to believe to be or to have been employed in a factory within two months next preceding the time when he shall require him to be examined touching any matter within the provisions of this act; and the inspector or sub-inspector may, if he shall see fit, require such person to make and sign a declaration of the truth of the matters respecting which he shall have been or shall be so examined; and every inspector and sub-inspector shall have power to examine the registers, certificates, notices, and other documents kept in pursuance of this act; and every person who shall refuse to be examined as aforesaid, or who shall refuse to sign his name or affix his mark to a declaration of the truth of the matters respecting which he shall have been examined, or who shall in any manner attempt to conceal or otherwise prevent any child or other person from appearing before or being examined by an inspector or sub-inspector, or who shall prevent or knowingly delay the admission of an inspector or sub-inspector to any part of a factory or school, or shall prevent an inspector or sub-inspector from examining any register, certificate, notice, or other document kept in pursuance of this act, shall be deemed guilty of wilfully obstructing the inspector or sub-inspector in the execution of the powers intrusted to him." Sect. 4. "That the provisions of an act passed in the 24th year of the reign of King Geo, II., intituled, An Act for the rendering Justices of the Peace more safe in the Execution of their Office, and for indemnifying Constables and others acting in Obedience to their Warrants,' as amended by any subsequent act, so far as they relate to rendering justices of the peace more safe in the execution of their office, shall extend to protect the inspectors and sub-inspectors in the exercise of their duties under this act." Sect. 5. "That a proper office, to be called 'The Office of the Factory Inspectors,' shall be provided in London or Westminster for the use of the inspectors, and for the preservation of the factory records, and all documents relating to the several proceedings under this act; and one of her Majesty's principal secretaries of state shall appoint from time to time such clerks and servants as may be deemed necessary to carry on the business of the said office, and may at pleasure remove them or any of them; and the commissioners of her Majesty's treasury of the United Kingdom of Great Britain and Ireland shall fix the salaries of the clerks and servants in fit proportion according to the duties they may have to perform." Sect. 6. "That one of her Majesty's principal secretaries of state, or the inspectors, with the approval of such principal secretary, from time to time may make regulations for the management of the said office, and for regulating the duties of the several inspectors and subinspectors, and of the clerks and servants of the said office, in the execution of this act, so that they be not contrary to the provisions herein contained; and the regulations so made and approved shall be binding on the said inspectors and sub-inspectors, clerks, and servants respectively." Sect. 7. "That after the passing of this act every person, on beginning to occupy a factory, shall within one month send, addressed To the Office of the Factory Inspectors, London,' a written notice, containing the name of the factory, the place, township, parish, and county where it is situated, the post-office to which he desires his letters to be * |