Factories. 7 Vict. c. 15. Application of penalties. the same kind of offence shall not be considered as the second or subsequent offences referred to in this enactment, unless such second or subsequent offences shall have been committed after a complaint has been made for the previous offences; and in any case in which a person shall be convicted at any one time for offences against the Factory Act as amended by this act, so that the penalties amount in the whole to more than one hundred pounds, the sum of one hundred pounds, together with all the reasonable costs and charges of such proceedings and convictions, may be paid instead of the penalties for all the offences committed by him before the day on which the last summons was taken out against him." Sect. 66. "That all penalties for any offence against the Factory Act which shall not have been otherwise appropriated at the time when this act shall come into force, and every penalty imposed under this act, shall be applied under the direction of one of her Majesty's principal secretaries of state, and shall be paid, on account of the inspector for the district in which the penalty was imposed, to such banker as shall be appointed by such inspector to receive the same; and every person to whom any such penalty shall be paid shall pay over the amount thereof to the banker so appointed within fourteen days of receiving the same; and it shall be lawful for the secretary of state to remit the whole or any part of such penalty; and so much thereof as shall not be so remitted, and not otherwise especially appropriated by this act, shall be applied by such inspector, under the direction of one of her Majesty's principal secretaries of state, in such manner as shall appear best for the establishment or support of day schools for the education of children 6 & 6 Will. 4, c. 76. employed in factories; and so much of an act passed in the sixth year of the reign of his late Majesty, intituled, "An Act to provide for the Regulation of Corporations in England and Wales," as provides that certain penalties and forfeitures, if recovered before any justice of any borough having a separate court of quarter sessions of the peace, shall be recovered for and adjudged to be paid to the treasurer of such borough, shall be repealed as to the penalties imposed under this act." How former conviction may be proved. Convictions to be filed amongst the records of the county. No appeal from convictions, except in certain cases. Sect. 67. "That, whenever any person shall be convicted of any offence against the Factory Act as amended by this act, the clerk of the peace where such conviction shall have been filed, shall, upon the request in writing of any inspector or sub-inspector, deliver or cause to be delivered to him a copy of the conviction, certified under his hand to be a true сору; and every such copy shall be received as evidence of such conviction upon any future proceeding under this act; and for every such copy the clerk shall be entitled to have a fee of 1s., and no more.' Sect. 68. "That every conviction under this act may be in the form given in the schedule (D) to this act annexed, or in any other form more suitable to the case, and shall be certified in England and Ireland to the next general or quarter sessions of the peace, and in Scotland to the clerk of the justices of the peace, there to be filed amongst the records of the county, riding, division, stewartry, town, or place.' Sect. 69. "That no appeal shall be allowed against any conviction under this act, except for an offence punishable at discretion by fine or imprisonment, or when the penalty awarded shall be more than 3l.; neither shall any conviction, except as aforesaid, be removable by certiorari or bill of advocation into any court whatever; and no information, conviction, or other proceeding on any complaint for an offence against this act shall be quashed or deemed illegal for matter of form, or for the want of any averment unnecessary to be proved, or the omission of any word, or for the insertion of any word, in any case in which such omission or such insertion_respectively do not affect the essence of the offence, nor for the wrong designation of a name, or time or place, where the person, time, and place intended shall have been so stated as to have been, in the opinion of the justices by whom the complaint shall have been heard, clearly understood by the person charged with such offence; and it shall not be necessary, in any information, conviction, or other proceeding under this act, to define the processes carried on in such factory, or nature of the power by which the machinery of such factory is moved, or to set out that the factory or process or employment referred to is not within any of the cases excepted, provided that it be therein stated that such factory is a factory within this act; and the proof of being within any such excepted case shall lie upon the party claiming the benefit of such exception." Factories. 7 Vict. c. 15. Sect. 70. "That any person aggrieved by any such conviction for Appeal. which an appeal is allowed by this act may appeal to the next court of general or quarter sessions which shall be holden not less than twelve days after the day of the conviction for the county or other jurisdiction wherein the cause of complaint shall have arisen; provided that the person so intending to appeal shall give to the inspector or sub-inspector of the district notice in writing of such appeal, and of the cause or matter thereof, within three days after the conviction or order, and seven clear days at the least before such session, and shall also enter into a recognizance, with two sufficient sureties, before a justice of the peace for the county, or other jurisdiction, seven clear days at the least before such session, conditioned personally to appear at the said session, and to try such appeal, and to abide the judgment of the Court thereon, and to pay such costs as shall be by the Court awarded; and the Court at such session shall hear and determine the matter of appeal, and shall make such order thereon as to the Court shall seem meet; and in case of the dismissal of the appeal or the affirmance of the conviction or order, the Court shall adjudge and order the party to be punished according to the conviction, or to obey the order appealed against, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.” Sect. 71. "That in all cases in which a justice of the peace is required or empowered to do any thing under the Factory Act as amended by this act, or is named therein, a burgh magistrate shall have within his jurisdiction the same powers and duties as are herein given to such justice, and shall exercise the same in Scotland; but no complaint preferred for any offence against this act committed in a factory shall be heard by a justice of the peace or burgh magistrate, being an occupier of the factory, or being the father, son, or brother of the occupier of the factory in which the offence set forth in the complaint shall have been committed." Who are to exercise the powers of justices. Sect. 72. "Provided always, and be it enacted, That any child above Exemptions of eleven years of age employed solely in the winding and throwing of raw silk factories. silk, and who shall have obtained the surgical certificate required by this act of his having completed his eleventh year, may work, without any proof of having attended a school, for any time not exceeding ten hours on any working day, but not after half-past four of the clock of the afternoon of any Saturday." clause. "Child." Sect. 73. "That the Factory Act as amended by this act, and this act, Interpretation shall be construed together as one act, and that so much of the Factory Act, and of any rule or regulation heretofore made by any inspector, as is inconsistent with this act, shall be taken to be repealed; and that in this act, unless another sense shall be plainly shown by the context, or by some positive enactment to the contrary, the word 'child' shall be taken to mean a child under the age of thirteen years; and the words 'young person' shall be taken to mean a person of the age of thirteen years and under the age of eighteen years; and the word parent' shall be taken to mean parent, guardian, or person having the legal custody * Bb VOL. III. " Young person." "Parent." Factories. Employment. "Inspector." "Agent." "Month." " "Factory." of any such child or young person; and any person who shall work in any factory, whether for wages or not, or as a learner or otherwise, either in any manufacturing process, or in any labour incident to any manufacturing process, or in cleaning any part of the factory, or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever, save in the cases hereinafter excepted, shall be deemed, notwithstanding any other description, limitation, or exception of employment in the Factory Act, to be employed therein within the meaning of this act; and the words inspector' and 'sub-inspector' shall be taken to mean respectively an inspector and a sub-inspector of factories; and the word agent' shall be taken to mean any person having on behalf of the occupier of any factory the care or direction thereof, or of any part thereof, or of any person employed therein; and the word 'month' shall be taken to mean a calendar month; and the words 'mill-gearing' shall be taken to comprehend every shaft, whether upright, oblique, or horizontal, and every wheel, drum, or pulley, by which the motion of the first moving power is communicated to any machine appertaining to the manufacturing processes; and the word 'factory,' notwithstanding any provision or exemption in the Factory Act, shall be taken to mean all buildings and premises situated within any part of the United Kingdom of Great Britain and Ireland, wherein, or within the close or curtilage of which, steam, water, or any other mechanical power shall be used to move or work any machinery employed in preparing, manufacturing, or finishing, or in any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, or tow, either separately or mixed together, or mixed with any other material or any fabric made thereof; and any room situated within the outward gate or boundary of any factory, wherein children or young persons are employed in any process incident to the manufacture carried on in the factory, shall be taken to be a part of the factory, although it may not contain any machinery; and any part of such factory may be taken to be a factory within the meaning of this act; but this enactment shall not extend to any part of such factory used solely for the purposes of a dwelling-house, nor to any part used solely for the manufacture of goods made entirely of any other material than those herein enumerated, nor to any factory or part of a factory used solely for the manufacture of lace, of hats, or of paper, or solely for bleaching, dyeing, printing, or calendering; and the enactments of this act respecting the hours of labour shall not apply to any young person when employed solely in packing goods in any warehouse or part of a factory not used for any manufacturing process, or vour of mechanics. this act contained shall extend to any young person, being a mechanic, for any labour incident to any manufacturing process; and nothing in artisan, or labourer, working only in making and repairing the machinery or any part of the factory." Exception to the term factory. Exemption when packing finished goods. Exception in fa SCHEDULES TO WHICH THE 7 VICT. c. 15, REFERS. No. situated at I, Certificate of age for a child to be employed in the factory of —, of duly appointed a certifying surgeon, do hereby certify, that -, son [or daughter] of - and, —, residing in has been personally day of —, one thousand eight hundred and and that the said child has the ordinary strength and appearance of a child of at least eight years of age, and that I believe the real age of the said child to be examined by me this at least eight years; and that the said child is not incapacitated, by disease or bodily infirmity, from working daily in the above-named factory for the time aliowed by this act. The form of surgical certificate to be given to a child who has obtained a certifcate of real age shall be the same as above, omitting the words "and that the said child has the ordinary strength and appearance of a child of at least eight years of age, and that I believe the real age of the said child to be at least eight years," and substituting these words in their place: "and that a certificate of the birth (or baptism] of the said child has been produced to me in the form required by this act, proving that the real age of such child is at least eight years." The form of surgical certificate to be given to children employed in silk mills, in proof that a child is eleven years of age, shall be the same as the above, substituting the word "eleven" for the word "eight." No. factory of Certificate of age for a young person to be employed in the situated at -, in I,, of —, duly appointed a certifying surgeon, do hereby certify, that —, son or daughter] of —, and —, residing in has been personally examined by me this day of - —, one thousand eight hundred and and that the said young person has the ordinary strength and appearance of a young person of at least thirteen years of age, and that I believe the real age of the said young person to be at least thirteen years; and that the said young person is not incapacitated, by disease or bodily infirmity, from working daily in the above-named factory for the time allowed by this act. The form of surgical certificate to be given to a young person who has obtained a certificate of real age shall be the same as above, omitting the words, "and that the said young person has the ordinary strength and appearance of a young person of at least thirteen years of age, and that I believe the real age of the said young person to be at least thirteen years," and substituting these words in their place," and that a certificate of the birth [or baptism] of the said young person has been produced to me in the form required by this act, proving that the real age of such young person is at least thirteen years." The form of surgical certificate to be given in either case by any practitioner who is not a certifying surgeon must be the same as the corresponding form above given, omitting the words" duly appointed a certifying surgeon," and substituting the words "duly authorized by the university [or college, or other public body having authority in that behalf] of, to practise surgery [or medicine," and making the following addition, which must be signed by a justice of the peace or burgh magistrate : The child [or young person] named in the above-written certificate has been this day brought before me; and the appearance of the said child [or young per agrees with the description therein given; and I believe the real age of the and child [or young person] to be at least [here insert the word "eight" or "eleven" in the case of a child, or "thirteen" in the case of a young person], years; and I declare that I have no beneficial interest in and am not the occupier of any factory, and that I am not the father, son, or brother of the occupier of any factory. Dated this day of, one thousand eight hundred and Factories. 7 Vict. c. 15. Factories. 7 Vict. c. 15. In every surgical certificate of age the day of the month on which it shall be granted shall be written in words, and not in figures. So soon as any certificates authorized by this act to be received as proof of the age of any persons shall be obtained by the occupier of a factory or his agent, they shall be fixed in a book, to be called "The Age Certificate Book," in the order of the dates at which they shall have been respectively received; and such certificates shall be numbered in the order in which they are so fixed in the book; but the certificates for children shall be kept in a separate and distinct place in the said book, or in a separate book, and shall be marked with a series of running numbers distinct from that of the certificates for young persons. So soon as any certificate of age authorized by this act shall be obtained, the number herein before required to be set against each certificate shall be set against the name of the child or young person for whom such certificate has been granted, in the first column of the register of the persons employed required by this act to be kept in each factory. In any silk factory in which it shall be lawful to employ children above eleven years of age for ten hours a day no certificate shall be required in proof that such children have attained the age of thirteen years, so long as such persons shall not work more than ten hours in any one day. If a surgeon shall have refused to grant a certificate of age to any child or young person, the word "refused" shall be written in the column of the register where the numbers of the certificates are required to be inserted. I, of duly appointed a certifying surgeon, do hereby declare, that son [or daughter] of · residing in has been personally examined by me this day of one thousand eight hundred and and that in my opinion the said [child or young person] has not the ordinary strength and appearance [of a child of at least eight years of age (or of a young person of at least thirteen years of age) or (or and) is incapacitated by disease and bodily infirmity from working daily in a factory for the time allowed by this act]. N. B. The words within brackets shall be in the handwriting of the certifying surgeon, who shall insert the reason of his refusal, to be either on account of deficient age or of bodily infirmity, or both, as the case may be. I hereby certify, that the under-mentioned child [or children] employed in the factory of -, situated in me at has [or have] attended the school kept by the columns opposite to his [her or |