addressed, the nature of the work, the nature and amount of the moving Factories. power, and the name of the firm under which the business of the factory 7 Vict. c. 15. is to be carried on."

pointed by an

Sect. 8. "That after the passing of this act any inspector shall have Certifying surpower to appoint a sufficient number of persons practising surgery or geons to be apmedicine to be certifying surgeons, for the purpose of examining persons inspector. who shall be brought before them to obtain the surgical certificates of age required by the Factory Act and by this act, and of giving the said certificates, and shall from time to time make regulations for their guidance, and shall in every such appointment specify the factories or district for which each surgeon is appointed, and may from time to time annul any such appointment, and in like manner make another or others; but every appointment of a certifying surgeon, and every order annulling such appointment, may be revoked by the secretary of state, on appeal made to him for either purpose; and the inspector of the district shall make known the name of the certifying surgeons so from time to time appointed or discontinued to the occupiers of the factories in that district in such manner as to him shall seem fit; but no surgeon, being the occupier of a factory, or having a beneficial interest in any factory, shall be a certifying surgeon."

certificate.

Sect. 9. "That the certificates of age required by the factory act or Form of surgical by this act, herein called surgical certificates, shall be given according to the form and directions contained in the schedule (A) annexed to this act; and the certificates given by any such certifying surgeon shall be as valid as if countersigned by an inspector, justice of the peace, or burgh magistrate; and the name of every person for whom a certificate of age is required by the Factory Act or by this act, and the date of the first day of employment or re-employment of such person, shall be registered in the form and according to the directions given in the schedule (B) annexed to this act, before it shall be lawful to employ such person in a factory: Provided always, that no surgical certificate shall be required for any young person above the age of sixteen years." Sect. 10. "That no such surgical certificate given by any person who is not an appointed certifying surgeon shall be of any force, unless it is given by a person duly authorized by an university or college, or other public body having authority in that behalf, to practise surgery or medicine, and countersigned, according to the form and directions given in the schedule (A) to this act annexed, by some justice of the peace, not being the occupier of a factory, and not being the father, son, or brother of the occupier of a factory; and no person shall countersign any such surgical certificate in the absence of the person named therein, or without proof that the person brought before him is the same to whom the certificate was granted."

Sect. 11. "That no person shall grant any surgical certificate required by the Factory Act or by this act, except upon personal inspection of the person named therein; and no certifying surgeon shall examine any person for the purposes of this act, or sign or issue any such surgical certificate, elsewhere than at the factory where such person is to be employed, unless for special cause, to be allowed by an inspector; and if a certifying surgeon shall refuse to grant a certificate of age for any person presented to him for such examination, he shall give, when required, instead of such certificate, a paper specifying under his hand the reasons for such refusal, in the form and directions given in the schedule (A) to this act annexed."

Sect. 12. "That, if the occupier of a factory shall agree in writing with the certifying surgeon of a district for the payment to be made by the occupier of the factory to the certifying surgeon for the examination of persons for whom surgical certificates are required by the Factory Act VOL. III. * Ba

Certificates not given by certifying by persons duly countersigned by a magistrate.

surgeon must be authorized and

Surgical certifi

cates to be given

at the factory.

Agreement between mill occu

pier and certifying surgeon.

Factories.

7 Vict. c. 15.

Inspector may fix surgeon's fees.

New surgical certificate not required for persons at present employed. Inspectors and

sub-inspectors may annul certificates.

or by this act, and if the terms of such agreement shall be in conformity with such regulations for the guidance of the surgeons as shall be made by the inspector of the district, and shall be countersigned by the inspector in token of such conformity, all penalties which may be incurred by any party for breach of such agreement may be recovered as other penalties under this act may be recovered, and shall be applied as other penalties under this act are directed to be applied, and no such agreement shall be liable to any stamp duty."

Sect. 13. "That an inspector shall fix the amount of fees to be paid by the occupier of a factory, and the times when such fees shall be paid to the certifying surgeon, and also the times when such certifying surgeon shall visit a factory, provided he shall be required to fix such fees and visits by the occupier of a factory; and the fees so to be fixed by the inspector shall not in any case where the surgeon shall examine more than one person exceed one shilling for each person who shall be presented to him at the factory by the mill owner or his agent to be examined, together with sixpence for every half mile that the distance of the factory from the residence of such surgeon shall exceed one mile; and such fees, including mileage, shall not be less than one shilling, and shall in no case exceed five shillings, for any one visit, except when upon such visit the certifying surgeon shall examine for the said certificates of age more than ten persons who may be brought before him as aforesaid, in which case he shall receive sixpence for each person that he may so examine, instead of all other fees; and in any case where a factory is situated within the distance of one mile from the residence of a certifying surgeon the fee for such factory shall not exceed two shillings and sixpence for each visit, except when at any one visit he shall examine for the said certificates of age more than five persons who may be brought before him as aforesaid, in which case he shall receive sixpence for each person that he may so examine, instead of all other fees; and no certifying surgeon shall receive more than sixpence for any certificate which he may be allowed by an inspector, as herein before provided, to sign or issue otherwise than at the factory where the person is to be employed; and the occupier of any factory shall pay such fees to the certifying surgeon at the time of signing such certificates, or at any other time when he may be directed by the inspector to do so; and the occupier of such factory may deduct the fee or any part thereof, not exceeding in any one case the sum of three-pence, from the wages of the person for whom the certificate may have been granted; but in any case where such agreement as aforesaid has been executed between an occupier of a factory and the certifying surgeon the amount named in such agreement shall be instead of the fees fixed by any inspector in virtue of this act: Provided always, that no certifying surgeon shall be required to visit any factory situated within three miles of his residence oftener than once in each week, or to visit any factory situated at a greater distance than three miles oftener than once in every fortnight, unless with the consent of the occupier of the factory."

Sect. 14. "That no person who shall be employed in a factory at the time when this act shall come into force under a surgical certificate granted under the Factory Act shall be required to have a new surgical certificate, in the form and manner provided by this act, so long as he shall continue in the same factory; but every inspector and sub-inspector may annul any surgical certificate granted under this act, and any surgical certificate granted before the passing of this act, by writing across the surgical certificate the word 'annulled,' with his name, and the date of annulling such certificate: provided that in either case he shall have reason to believe the real age of the person mentioned therein to be less than that mentioned in the certificate, or provided the certifying surgeon of the district shall, upon reference made to him, deem such person

to be then of deficient health or strength, or by disease or bodily infirmity incapacitated for labour, or liable to be injured by continued employment; and no certificate so annulled shall be valid in respect of the person named therein for the purposes of this act from the day when the certificate shall have been so annulled; and the production of the certificate shall be evidence that the certificate was annulled on the day so stated."

Sect. 15. "That in case any person shall be desirous of proving the real age of any person for whom a certifying surgeon shall have refused to grant a certificate of age for the purposes of this act, or whose surgical certificate any inspector or sub-inspector shall have annulled, the inspector or sub-inspector shall, on demand, give to such a person a requisition under his hand, in a form to be approved of by the inspectors and by the registrar-general, for the production of a duly certified copy of the entry of the birth or baptism of such person; provided the party demanding the same shall declare the names of such person and of his parents, with the place where and the year in which he was born or baptized, which particulars shall be set forth in the requisition; and every party to whom such requisition shall have been given shall be entitled, upon payment of one shilling, to receive, on personal application, or on application in writing, in such form and under such regulations as shall be approved of by the inspectors and registrar-general, from any minister, registrar, or other person having the care of any register of births or baptisms in which the birth or baptism of such person is entered, a duly certified copy of the entry in such register, which shall be indorsed on the aforesaid requisition, and shall be signed by the minister, registrar, or other person having charge of such register; and such payment of one shilling shall be instead of all other fees or payments to which such minister, registrar, or other person shall be entitled; and if the said certified copy proving the age of the person named therein to be such as to entitle him to have the surgical certificate required shall be produced to the certifying surgeon of the district, he shall examine the same, and if it shall appear to him that the said certified copy has not been altered or falsified in any manner, the certifying surgeon shall thereupon, without further fee or reward, give a surgical certificate in the form provided for that case in schedule (A) to this act annexed, and shall write the word 'examined' upon the certified copy of the entry of the birth or baptism which he shall have received, with his signature, and the date of such signature, and shall send such certified copy by the post to the subinspector of the district, who shall send a receipt for the same by post to the said surgeon, and shall keep such certified copy of the entry of the birth or baptism, for future reference, if necessary; and if any inspector of factories shall require a certified copy of the entry of the birth of any person employed in any factory from the office of the registrar-general, he, or any person deputed by him, shall, on producing a requisition in the form hereinbefore provided, be entitled to examine the indexes to the registers in the general register office, and to receive such certified copy indorsed on the requisition without the payment of any fee; but no certified copy of the entry of any birth or baptism issued in consequence of any such requisition hereinbefore provided shall be admissible in evidence in any court or for any purpose, save for the purposes of this act: Provided always, that, in those cases in which a surgical certificate shall have been refused or annulled in consequence of deficient health or strength, or by reason of disease or bodily infirmity, the inspector or sub-inspector shall not sign the requisition hereinbefore mentioned, and such person shall not be employed on proof of real age only."

Sect. 16. "That, before employing any person requiring a surgical certificate under the Factory Act as amended by this act, the occupier of

Factories.

and to serve only for one factory.

Surgical certificates may be dispensed with for seven or thirteen days.

Limewashing and other washing of the interior of factories.

Protection of workers in wet

spinning flax mills.

Mill-gearing not

to be cleaned while in motion.

Machinery to be guarded.

the factory shall obtain the surgical certificate, save as hereinafter excepted, and shall keep and be bound to produce every such certificate, when required, to the inspector or sub-inspector; and no surgical certificate shall be valid except for employment at the factory for which it was originally granted, or, if granted by a certifying surgeon, at any other factory in the occupation of the same person who is occupier of the factory for which the certificate was originally granted, provided such other factory be in the district of the certifying surgeon who granted the certificate, and the certificate be produced in the factory where the person named in the certificate is at work; and the certifying surgeon, as often as he shall visit a factory for the purpose of granting certificates, shall enter in the register of workers the date of his visit, and the other particulars set forth in the form and according to the directions given in schedule (B) to this act annexed."

Sect. 17. "Provided always, and be it enacted, that no occupier of any factory shall be liable to any penalty for employing any person in any manner not contrary to the other provisions of the Factory Act as amended by this act, without a surgical certificate, for any time not exceeding seven working days, or, when the certifying surgeon shall reside more than three miles from the factory, for any time not exceeding thirteen working days, provided all surgical certificates for that factory be granted only by the certifying surgeon appointed for that factory; but this enactment shall not be construed to dispense with the certificate of school attendance, or to authorize the employment of any person in respect of whom the certifying surgeon shall have refused to grant such surgical certificate."

Sect. 18. "That after the passing of this act it shall not be necessary to limewash the walls of any mill, factory, or building, or to whitewash the ceilings of any rooms therein, otherwise than is hereinafter provided; and that all the inside walls, ceilings, or tops of rooms, whether plastered or not, and all the passages and staircases of every factory, which shall not have been painted with oil once at least within seven years, shall be limewashed once at least within every successive period of fourteen months, to date from the period when last whitewashed; and all the inside walls and ceilings or tops of rooms in which children or young persons are employed, and which are painted with oil, shall be washed with hot water and soap once at least within every successive period of fourteen months, as aforesaid."

Sect. 19. "That after the expiration of six months from the date of this act coming into operation no child or young person shall be employed in any part of a factory in which the wet-spinning of flax, hemp, jute, or tow is carried on, unless sufficient means shall be employed and continued for protecting the workers from being wetted, and, where hot water is used, for preventing the escape of steam into the room occupied by the workers."

Sect. 20. "That no child or young person shall be allowed to clean any part of the mill-gearing in a factory while the same is in motion for the purpose of propelling any part of the manufacturing machinery; and no child or young person shall be allowed to work between the fixed and traversing part of any self-acting machine while the latter is in motion by the action of the steam-engine, water-wheel, or other mechanical power."

Sect. 21. "That every fly-wheel directly connected with the steamengine or water-wheel or other mechanical power, whether in the engine-house or not, and every part of a steam-engine and water-wheel, and every hoist or teagle, near to which children or young persons are liable to pass or be employed, and all parts of the mill-gearing in a factory, shall be securely fenced; and every wheel-race not otherwise se

cured shall be fenced close to the edge of the wheel-race: and the said protection to each part shall not be removed while the parts required to be fenced are in motion by the action of the steam-engine, water-wheel, or other mechanical power for any manufacturing process."

Sect. 22. "That, if any accident shall occur in a factory, which shall cause any bodily injury to any person employed therein, which shall have been of such a nature as to prevent the person so injured from returning to his work in the factory before nine of the clock of the following morning, the occupier of the factory, or in his absence his principal agent, shall within twenty-four hours of such absence send a notice thereof in writing to the surgeon appointed to grant certificates of age for the district in which the factory is situated, in which notice the place of residence of the person injured, or the place to which he may have been removed, shall be stated; and the surgeon shall send a copy of such notice to the sub-inspector of the district by the first post after the receipt thereof."

Sect. 23. "That, if a certifying surgeon shall receive notice as aforesaid that an accident has occurred which has caused bodily injury to any person employed in a factory for which he has been appointed to grant certificates of age, and that it has been of such a nature as to have prevented the person so injured from returning to his work in the factory the following morning, he shall with the least possible delay proceed to the said factory, and make a full investigation as to the nature and cause of such bodily injury, and shall within the next twenty-four hours send to the inspector of the district a report thereof, a copy of which report, together with any other information which he may receive respecting the said accident, the inspector of the district shall send to the office of the factory inspectors as soon as conveniently may be; and the certifying surgeon, for the purpose of such investigations only, shall have the same power, authority, and protection as an inspector, and shall also have power to enter any room in any building to which the injured person may have been removed; and for such investigation the said surgeon shall receive a fee not exceeding ten shillings, or such part thereof, not being less than three shillings, as the inspector of the district may consider a reasonable remuneration to the surgeon for his trouble, which fee shall be paid as other expenses incurred under this act."

Sect. 24. “That one of her Majesty's principal secretaries of state, on the report and recommendation of an inspector, may empower such inspector to direct one or more actions to be brought in the name and on behalf of any person who shall be reported by such inspector to have received any bodily injury from the machinery of any factory, for the recovery of damages for and on behalf of such person."

Factories.

7 Vict. c. 15.

Notice to be given ing bodily injury.

of accidents caus

Certifying surgeon

the causes and extent of accidents, and report thereon.

to examine into

Prosecution for compensation by

an inspector.

compensation when recovered.

Sect. 25. "That any damages which shall be recovered in any action Application of so directed to be brought shall be paid, as soon after they are received as conveniently may be, to the person in whose behalf they have been recovered, or shall be otherwise settled for the use and benefit of the said person in such manner as shall be approved of by the secretary of state; and in case a verdict shall be found for the defendant, or judgment shall be recovered against the plaintiff, or the plaintiff shall be nonsuited, the defendant shall have the like remedies for his costs against the inspector as he might have had against the plaintiff; and all charges and expenses incurred in bringing any such action, beyond what are recovered from the defendant, and not otherwise provided for, shall be paid as other expenses incurred under this act are to be paid.”

larity in the ob servance of time.

Sect. 26. "That the hours of the work of children and young persons For ensuring reguin every factory shall be reckoned from the time when any child or young person shall first begin to work in the morning in such factory, and shall be regulated by a public clock, or by some other clock open to