Factories. shall be given four days at least previous to the day fixed for hearing the complaint; and if the party complained against intend to bring forward any millwright or other person skilled in the construction of the afore- 7 Vict. c. 15. said machinery as a witness at the hearing of the case, he shall give notice in writing of such intention to the inspector or sub-inspector who shall be the complainant forty-eight hours previous to the day fixed for hearing the case." Sect. 43. "That, if an inspector or sub-inspector shall observe in a factory any part of the machinery of any kind or description, or any driving strap or band, not securely fenced, which he shall deem likely to cause bodily injury to any person employed in such factory, he shall give notice in writing to the occupier of such factory or his agent of such part of the machinery, or such strap or band, as he shall deem to be dangerous, according to the form and directions given in schedule (D) to this act annexed; and the occupier of the factory, or his agent, shall sign a duplicate copy of such notice in acknowledgment of his having received it: Provided always, that, upon an application in writing made by the occupier of the factory, within fourteen days after he shall have received such notice, two arbitrators skilled in the construction of the kind of machinery to which such notice refers shall be appointed, one of whom shall be named by the occupier of the factory in the aforesaid application, and the other by the inspector of the district, with the least possible delay after he shall have received such application; and the said arbitrators shall proceed to examine the machinery alleged to be dangerous within fourteen days of the appointment of the arbitrator named by the inspector; and if the arbitrators so appointed shall not agree in opinion, the said arbitrators shall choose a third arbitrator possessing a similar knowledge of machinery; and if the said arbitrators, or any two of them, shall sign an opinion in writing addressed to the inspector of the district, that it is unnecessary or impossible to fence the machinery, or strap or band, alleged in the notice to be dangerous, the inspector of the district on receipt of the same shall cancel the said notice; and if the decision of the arbitrators shall be that it is unnecessary or impossible to fence the machinery so alleged to be dangerous, the expense of such reference shall be paid as other expenses under this act; but if the decision of the arbitrators shall be that it is necessary and possible to fence the said machinery, then the expenses of the reference shall be paid by the occupier of the factory, and shall be recoverable as the penalties under this act are recoverable." Sect. 44. "That all complaints for offences against this act shall be preferred within two months next after the commission of the offence, except in the case of complaints for offences punishable at discretion by fine or imprisonment, or for working on Christmas Day, Good Friday, or the sacramental fast days, or for not giving all or any of the eight half days for holidays required to be given, in each of which cases the complaints may be preferred within three months next after the commission of the offence; and no person shall be liable to a larger amount of penalties for any repetition from day to day of the same kind of offence than the highest penalty hereinafter named for such offence, unless such repetition of offence shall have been committed after a complaint shall have been made for the previous offence, and except also for offences of employing two or more children or young persons contrary to law." Sect. 45. "That all complaints for the enforcement of any penalty under this act shall be heard and determined by two or more justices of the peace acting for the county or other jurisdiction wherein the offence was committed, or for any adjoining county or jurisdiction, with the like authority as though the cause of complaint had arisen within such adjoining county or jurisdiction, provided that the place of hearing the complaint in such other county or jurisdiction be not more than five Inspector or subinspector to give ous machinery. notice of danger Upon application by the occupier appointed to examine the ma arbitrators may be chinery. Complaints to be preferred within two months. Proceedings under this act may be tices. had before any jus Factories. Penalties may be recovered as in 5 Gco. 4, c. 18. miles from the place where the offence was committed; and the justices by whom any person shall be fined for any offence against this act may order that such person shall pay the penalty, and also the reasonable costs and charges of such proceedings and conviction, either immediately or within such time as the said justices shall think fit; and in default of payment thereof any justice may cause the same to be levied by distress and sale of the goods and chattels of the party convicted, together with the reasonable costs and charges of such conviction, distress, and Power of distrain- sale, by warrant under the hand and seal of any such justice; and where ing goods in facthe warrant of distress is directed against the goods and chattels of any pertory where occupier is convicted. son being the occupier of a factory, it shall be lawful, under such warrant, to distrain any goods and chattels found in the said factory which would be liable to be distrained for rent in arrear." Issue of summons act. Sect. 46. "That in England and Ireland a summons for an offence for offences against against this act shall be issued by any justice, upon complaint being made to him in writing by an inspector or sub-inspector, or upon oath before him by any other person, that to the best of the knowledge and belief of the inspector, sub-inspector, or such other person, such an offence has been committed, and in Scotland a summons for an offence against this act shall be issued by any justice upon complaint being made to him in writing by an inspector or sub-inspector, or by the procurator fiscal, or by any person having a title and interest to prosecute with the concurrence of the procurator fiscal, that to the best of the knowledge and belief of such inspector, sub-inspector, procurator fiscal, or other person, such an offence has been committed; and in every such prosecution in Scotland the proceedings shall be summary, and it shall not be necessary to take down in writing more than the substance of the evidence; and no higher or other fees shall be allowed in Scotland to the clerk of court or constables than are allowed to be paid to the sheriff clerk and sheriff officers in causes and prosecutions under the authority of an act passed in the tenth year of the reign of King George the Fourth, intituled, An Act for the more effectual Recovery of Small Debts, and for diminishing the Expenses of Litigation in Causes of small Amount in the Sheriff Courts in Scotland." 10 Geo. 4, c. 55. Compelling parties to appear and bring register. Inspectors and sub-inspectors competent wit nesses. Justices may entorce attendance of witnesses. Sect. 47. "That every person who shall be summoned to answer any complaint shall be bound to appear at the time and place mentioned in the summons, and to produce before the justices then and there present every register or other account, paper, or notice required by law to be kept by him or his agent, which shall be mentioned in the summons; and if he shall not appear accordingly, then (upon proof of due service of the summons) the justices may either hear and determine the case in his absence, or issue their warrant, as hereinafter provided, for enforcing his attendance, and the attendance of any witness who shall refuse or heglect to appear.' Sect. 48. "That it shall be no objection to the competency of any inspector or sub-inspector to give evidence as a witness in any prosecution under this act, that it is brought at the instance of such inspector or sub-inspector." Sect. 49. "That any justice of the peace, upon any complaint under this act may summon any witness to appear and give evidence at a time and place appointed for hearing such complaint, and by warrant under his hand and seal may require any person to be brought before the justices by whom the complaint shall be heard, who shall neglect or refuse to appear at the time and place appointed in any summons, proof upon oath being first given of personal service of the summons upon the person against whom such warrant shall be granted, and may commit any person coming or brought before such justices who shall refuse to give evidence to the county prison or prison of the place where such offence was committed, there to remain for any time not exceeding one month, or until such person shall sooner submit himself to be examined; and in case of such submission the order of any justice shall be a sufficient warrant to any gaoler or prison keeper for the discharge of such person." Factories. 7 Vict. c. 15. may summon Sect. 50. “That every inspector and sub-inspector shall be empowered Inspectors and to summon any person whom he shall charge with having offended sub-inspectors against this act, and also all witnesses who may be needed to give evi- offenders and witdence concerning the charge; and every such summons shall be of the nesses. same effect as if issued by a justice of the peace after complaint upon oath before him, and shall be enforced in like manner, and the like proceedings may be had thereupon, as if complaint upon oath had been made before such justice for such offence; and every constable and other peace officer to whom any such summons shall be directed shall be bound to take charge of and to serve such summons, and in default thereof shall be liable to be punished as if the summons had been issued by a justice of the peace: and every such summons of an offender or witness may be in the form provided in each case, and given in the schedule (D) hereunto annexed; and when an inspector or sub-inspector shall summon an offender he shall give to the same constable or peace officer a statement of the offence alleged to have been committed, who shall deliver it to a justice of the peace usually acting for the division in which the case is to be heard, or to the clerk of any such justice, at least twentyfour hours before the period named in the summons for the appearance of the party charged with such offence." Sect. 51. “That it shall be sufficient, in any information, complaint, or other proceeding under this act, to set forth the name of the ostensible occupier or title of the firm by which the occupier employing the workpeople of the factory may be usually known; and the service of any summons, order, or notice required by this act, or issued under the authority of this act, and not expressly directed to be personal service, may be made by leaving the same at the dwelling-house of the person to whom the same shall be addressed, or, in the case of summoning or giving an order or notice to the occupier of a factory or to a schoolmaster, by giving a copy thereof in writing to the agent of such occupier, or by sending a copy thereof by the post directed to the occupier of the factory at the factory, or to the schoolmaster at his school." In case of partnership, one name mons. sufficient for sum Sect. 52. "That in any complaint of the employment of any person Evidence of emin a factory otherwise than is allowed by this act the time of beginning ployment. work in the morning which shall be stated in any notice fixed up in the factory, signed by the occupier or his agent, shall be taken to be the time when all persons in the factory, except children beginning to work in the afternoon, began work on any day subsequent to the date of such notice, so long as the same continued fixed up in the factory; and if any person shall be allowed to enter or be in any factory, except at meal times, or during the stoppage of the whole machinery of the factory, or for the sole purpose of bringing tea or other articles of food to the workers in a factory, between the hours of four and five of the clock in the afternoon, it shall be evidence, unless the contrary shall be proved, that such person was then employed in that factory; but yards, playgrounds, and places open to the public view, school-rooms, waitingrooms, and other rooms belonging to the factory, in which no machinery is used or manufacturing process carried on, shall not be taken to be any part of the factory with reference to this enactment." Sect. 53. "That every surgical certificate given under this act, or which has been granted conformably to the Factory Act, and which shall not have been annulled, shall be evidence in the first instance of the age of the person named therein, but shall not protect any person, knowing Surgical certifi cates to be proof of age. Factories. 7 Vict. c. 15. Proof of age of persons alleged to be sixteen. Proof of age of persons alleged to be eighteen. Penalties for employing children and young persons longer than allow ed by act. Penalty on parents for allowing child contrary to this act, or neglecting to cause them to attend school. such person to be of less than the age certified, from any penalty for employing or conniving at the employment of such person otherwise than is allowed by this act; and in every proceeding on any information or complaint for employing any person contrary to this act a declaration in writing by the certifying surgeon of the district that he has personally examined such person, and believes him to be under such age as shall be set forth in such declaration, shall be evidence, in the first instance, until the contrary shall be made to appear, that such person is under the age mentioned in such declaration." Sect. 54. "That, if any inspector or sub-inspector shall make a complaint before a justice of the peace that the real age of any person who is employed in a factory without a surgical certificate is less than sixteen, the occupier of the factory in which such person is employed shall be liable to the penalties for employing persons for whom a surgical certificate is required by law without the proper surgical certificate, unless, upon the proceeding for the enforcement of such penalties, he shall prove, by an extract from a legal register of birth or baptism, that the said person had completed his sixteenth year of age.” Sect. 55. "That, if an inspector or sub-inspector shall make a complaint before a justice of the peace that the real age of any person employed in a factory in a manner contrary to law is less than eighteen, the occupier of the factory in which such person is employed shall, save in the cases hereinafter excepted, be liable to the penalty for employing such person, unless upon the proceeding for the enforcement of such penalties he shall prove that the said person had completed his eighteenth year." Sect. 56. "That any person who shall be convicted of having employed any person in any manner contrary to the provisions of the Factory Act as amended by this act, or for employing a child without having obtained a certificate from a schoolmaster where such certificate is required by law, such person not being the parent nor having any direct benefit from the wages of such child, shall for every such offence be adjudged to pay a penalty of not less than 20s. and not more than 31. for each child or young person so illegally employed: Provided always, that, if it shall be proved that such offence was committed during the night, the penalty shall not be less than 40s. nor more than 51." Sect. 57. "That the parent and every person having any direct ren to be employed benefit from the wages of any child or young person employed in any manner forbidden by the Factory Act as amended by this act, or who shall neglect to cause such child to attend school as herein-before provided, shall be liable to a penalty of not less than five shillings and not more than 20s. for each offence, unless it shall appear to the justices before whom the complaint is preferred that such offence has been committed without the consent, connivance, or wilful default of such parent or person so benefited." Penalty for not limewashing or otherwise washing factory. Sect. 58. "That the penalty for not limewashing the walls, passages, staircases, and ceilings or tops of rooms of a factory, within the period the interior of the prescribed by this act, or for not washing, as herein before provided, the inside walls and ceilings or tops of rooms which are painted with oil, shall not be less than three nor more than ten pounds, and not less than two pounds additional penalty for every month during which the occupier shall allow any of the said walls, passages, staircases, or ceilings or tops of rooms to remain without being limewashed or washed as aforesaid after being convicted of this offence." Penalty for not fencing machinery. Sect. 59. "That the penalty for not fencing the several parts of the machinery, hoist or teagle, and wheel-race, required by this act to be fenced, shall be not less than five pounds and not more than twenty pounds." Sect. 60. "That, if any person shall suffer any bodily injury in consequence of the occupier of a factory having neglected to fence any part of the machinery, or any hoist or teagle, or any wheel-race, required by this act to be securely fenced, or having neglected to fence any part of the machinery, or any driving strap or band, in the factory, of which he shall have received notice in writing from an inspector or sub-inspector, as herein before provided, that the same was deemed to be dangerous, the occupier of such factory shall pay a penalty not less than ten pounds and not more than one hundred pounds; and the whole or any part of such penalty may be applied for the benefit of the injured person, or otherwise as the secretary of state shall determine; and so much of such penalty as shall not be applied as aforesaid shall be applied as other penalties under this act: Provided always, that the occupier of the factory shall not be liable to any such penalty if the notice which he shall have received from an inspector or sub-inspector shall have been cancelled as herein before provided, or that in any proceeding against an occupier of a factory for not securely fencing that part of the machinery, hoist, teagle, or wheel-race by which such bodily injury was inflicted, the complaint shall have been heard and dismissed previous to the time when such bodily injury was inflicted.” Sect. 61. "That every person convicted of wilfully obstructing an inspector or sub-inspector in the execution of any of the powers intrusted to him by the Factory Act as amended by this act shall be liable for each offence to a penalty not less than three pounds and not more than ten pounds." Sect. 62. "That every occupier of a factory in which an inspector or sub-inspector shall be obstructed in the night by any attempt to prevent his making a full and complete examination of all parts of the factory, and of every person employed therein, shall be liable to a penalty not less than twenty pounds and not more than fifty pounds." Sect. 63. "That every person convicted of making, giving, signing, countersigning, counterfeiting, or making use of any certificate authorized or required by the Factory Act or by this act, knowing the same to be untrue, or of wilfully making or wilfully conniving at the making any false or counterfeited certificate, or any false entry in any register, or any other account, paper, or notice required by this act, and also every person convicted of wilfully making and signing a false declaration on any proceedings under this act, shall be liable to a penalty not less than five pounds and not more than twenty pounds, or to be imprisoned for any time not more than six months in the house of correction in the county, town, or place where the offence was committed." Sect. 64. "That the penalty for any offence against the Factory Act as amended by this act, for which no specific penalty is hereinbefore provided, shall be any sum not less than two pounds and not more than five pounds." Sect. 65. "That every person who shall be convicted twice within twelve months for an offence of the same kind against the Factory Act as amended by this act shall pay for his second offence any sum not less than one half of the highest penalty for that offence, and if convicted three times within twelve months for an offence of the same kind he shall not pay less than two-thirds of the highest penalty, and if convicted more than three times within twenty-four months for an offence of the same kind he shall pay the highest penalty; but a repetition of Factories. 7 Vict. c. 15. Penalty for not machinery, after notice. fencing dangerous Penalty for obstructing inspec spectors, tors or sub-in Penalty for obtors or sub in spectors in the night. structing inspec Offences which shall be punishable by fine or imprisonment. Penalty for of fences not otherwise specified. Penalty in case of second and subse quent convictions. |