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8 & 9 V., c. 56, amending 3 & 4 V., c. 55.
ficate to the effect, ånd in the form hereinafter set forth with such variations, &c. [see supra).
(Form of Indorsement.) Whereas, it has been alleged before me that the sum of £-, being the whole (or part) of the sum of £-, mentioned in my report recited in the within certificate, has been expended in making such improvements and paying such expenses as are therein mentioned. I have, pursuant to the liberty given to me by the said Act, inquired what expenses have been incurred in and about the application to the Court, and making the necessary surveys, valuations, and estimates, and also what sums of money have been actually expended in such improvements, and evidence as to such expenses hath been laid before me, and I have duly considered the same, and I do hereby state and certify, that it hath been made to appear to me that the sum of £— hath been fully expended in manner aforesaid, in such expenses as aforesaid, and the sum of £— for improvements by drainage, warping, irrigation, or embankment; and the sum of £— for improvements by the erection of buildings; and I do hereby further certify that the said several sums amount in the whole to the sum of and that the same was (or were] advanced on, &c., [or at such several times, and in the several sums set forth, viz., &c.], and that such several sums are to be repaid with interest, after the rate of — per cent. per annum, by such equal annual instalments as are herein
after mentioned, viz., &c., &c. XX. The indorsement is to be made in duplicate, and one copy thereof is to be written
on the party's certificate, and delivered to him ; the other is to be filed and annexed to
the copy of the certificate filed in the Report Office. XXI. All orders made by the Master of the Rolls, or any Vice-Chancellor, are subject to be discharged or varied by the Lord Chancellor on petition to him for that purpose.
Synopsis of the Statutes. EVIDENCE consists of that which is given by persons as witnesses, and that which writings or documents furnish, both which kinds have been the subject of statutory provision. The mode of giving evidence by affirmation or declaration, instead of oath, is regulated by the 7 & 8 W. 3, c. 34; 8 G. 1, c. 6; 9 G. 4, c. 32; 5 & 6 W. 4, c. 62, and other statutes, for which see Dig., Part I., tit. AFFIRMATION, DECLARATION, and EVIDENCE. Parol evidence is admitted by the 11 G. 2, c. 19, s. 18; viva voce evidence, or on written depositions, by the 3 & 4 W. 4, c. 41, see Dig., Part I., tit. EVIDENCE. The examination, &c. of witnesses is provided for by several statutes, particularly by the 1 W. 4, c. 22, as to the examination of witnesses upon interrogatories; the competency of witnesses is provided for by the 3 & 4 W. 4, c. 42; and 6 & 7 W. 4, c. 85 a; commissions for taking examinations, by the 29 C. 2, c. 5, and other statutes ; see Dig., Part I., tit. AFFIDAVIT, EVIDENCE, EXAMINATION; also, Part III., tit. WITNESSES; to these may be added the 6 & 7 V., c. 82 ; see INFRA.
As to what writings, documents, or matters may be given in evidence, see 6 R. 2, St. 1, c. 4; 7 J. 1, c. 12, and other statutes ; Dig., Parts I., II., tit. EVIDENCE, to which may be added the 8 & 9 V., c. 113; see INFRA.
The 6 & 7 V., c. 22, authorises colonial legislators to admit in certain cases of unsworn testimony in civil and criminal proceedings.
6 & 7 W.4, c. 85.- In Sinclair v. Sinclair, 9 Jur., 225; so a bankrupt to support the com13 M. & W., c. 620 ; S.C.14 Law Journ. (N. S.) mission or fiat, Udal v. Walton, 14 Law Journ. Ex. 109, it is held that a prochein amy comes (N. S.) Ex. 262; S. C. 9 Jur. 515; so a sheriff's within the provisions of this Act (for the words of officer in an action against the sheriff, Wheeler v. which see Dig., Part III., 622), and is competent Senior, 1 Car. & K. 293 ; see also S. P. Wilson to give evidence as a witness; so husband of a v, Magnay, 1 Car. & K. 291; Rarolins v. Je married woman in an action by her administrator, kins, 1 Dav. & M. 219. Hart v. Stevens, 14 Law Journ., Q. B. 148 ; S. C.
6 & 7 V., c. 82. Commissions for taking Affidavits, and for examining
shall have the same power to grant commissions, for the purpose of enabling fit and
parts of the United Kingdom. Sect. 4.- Persons authorised to act under any such commission as aforesaid, shall be
entitled to take the same fees, and none other, as masters extraordinary of the High Court of Chancery in England are now entitled to by virtue of the orders of that court,
or of any Acts of Parliament now in force. Sect. 5.-After reciting that there are at present no means of compelling the attendance
of persons to be examined under any commission for the examination of witnesses issued by the courts of law and equity in England or Ireland, or by the courts of law in Scotland, to be executed in a part of the realm subject to different laws from that in which such commissions are issued, it is enacted, that if any person, after being served with a written notice to attend any commissionery appointed for the examination of witnesses, refuse, or fail to appear, such refusal or failure shall be certified by such commissioner, and it shall be competent to the party suing out such commission to apply to any of the superior courts of law in that part of the kingdom within which the same is to be executed, or to one of the judges of such courts, for a rule or order, to compel such persons to appear and be examined under such commission ; and (Sect. 6) upon the service of such rule or order upon the person named therein, disobedience to the same shall render the person disobeying liable to the same pains and penalties as he would be subject to in England and Ireland by reason of disobedience to a subpoena, and if the disobedience happen in Scotland, the person suing out the commission may apply to the Lord Ordinary on the bills, to whom it shall be competent to direct letters of second diligence, according to the forms of law in Scotland, to be used against the
person disobeying such rule or order. Sect. 7.-Every person whose attendance shall be so required, shall be entitled to the like
conduct money, and payment of expenses for loss of time, as for an attendance at any trial in a court of law, and no person shall be compelled to produce under such rule or order any writing or other document than that which he would be compellable to produce at any trial, nor to attend on more than two consecutive days, to be named in such rule
or order. 8 & 9 V., c. 113. Admission in Evidence of certain official or other Documents.
Sect. 1.—Whenever by any act now in force, or hereafter to be in force, any certificate,
official or public document, or proceeding of any corporation or joint-stock or other company, or any certified copy of any document, bye-law, entry in any register or other book, or of any other proceeding, is receivable in evidence of any particular matter in any court of justice, or before any legal tribunal, or either House of Parliament, or in any judicial proceeding, the same shall respectively be admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp, or sealed and signed, or signed alone, as directed by the respective Acts, without any proof of the seal or stamp, where a seal or stamp is necessary, or of the signature, or of the official character of the person appearing to have signed the same, and without any further proof thereof,
in every case in which the original record could have been received in evidence. Sect. 2.-All courts, judges, justices, masters in chancery, commissioners acting judicially
and other judicial officers, shall henceforth take judicial notice of the signature of any of the equity or common law judges of the superior courts of Westminster, provided such signature be attached or appended to any decree, order, certificate, or other
judicial or official document. Sect. 3.-All copies of private and local and personal Acts of Parliament, not public
Acts, if purporting to be printed by the printers to the Crown, or by the printers to either House of Parliament, shall be admitted as evidence thereof by all courts, judges, justices, and others, without any proof being given that such copies were so printed : Provided always (Sect. 4), that if any person forge the seal, stamp, or signature of any such certificate, official document, or proceeding of any corporation or company, or of any certified copy of any document or proceeding, or tender the same in evidence with
a false or counterfeit seal, stamp, or signature, knowing the same to be false, or forge PART IV.
8 & 9 V., c. 113. Admission in Evidence of certain official or other Documents.
the signature of any judge to any order or other judicial document, or print any copy of any private Act, or of the Journals of either House of Parliament, which copy shall falsely purport to have been printed by the printers of the Crown, or by the printers to either House of Parliament, or if any person tender in evidence any such copy, knowing the same to be false, every such person shall be guilty of felony, and liable to transportation for seven years, or imprisonment for not more than three years nor less than one : Provided also, that whenever any such document has been received in evidence by virtue of this Act, the court, judge, commissioner, or other person officiating, who admitted the same, shall, on the request of any party against whom it has been received, or at his own discretion, be authorised to direct the same to be impounded, and kept in custody of some officer of the court, or other proper person, until further order be given, either by such court, or by some of the superior courts at Westminster; and (Sect. 5) this Act shall not extend to Scotland ; and (Sect. 7) it shall take effect from the 1st November next after the passing thereof.
Synopsis of the Statutes. The several writs of execution now in use were framed upon the 13 E. 1, St. 1, cc. 18 & 45 ; 13 E. 1, St. 3 ; 25 E. 3, St. 5; 11 H. 6, c. 10; 23 H. 8, c. 6, and others, see Dig., Part II., p. 542, et seq. As to staying execution, see 3 J. 1, C. 8; 21 J. 1, c. 24 ; 13 C. 2, St. 2, c. 2; 29 C. 2, c. 3, and other statutes, Dig., Part II., p. 545, et seq.; also, 8 & 9 V., c. 68, ante, tit. BAIL, p. 30. As to what may be taken in execution, see the 13 E. 1, c. 18; 56 G. 3, c. 50; 1 & 2 V., c. 110; Dig. Part I., tit. EXECUTION; Part II., p. 552, et seq. As to costs and sheriffs' poundage in cases of execution, see the 28 or 29 El., c. 4; 8 & 9 W. 3, c. 11 ; 3 G. 1, c. 15; Dig., Part II., pp. 544, 548. As to speedy execution, or execution in particular cases, see 13 G. 2, c. 18; 57 G. 3, c. 117; 6 G. 4, c. 16, s. 81 ; 7 & 8 G. 4, c. 53, s. 85, et seq.; 11 G. 4 & 1 W. 4, c. 70, s. 38; 1 W. 4, c. 7; 1 & 2 W. 4, c. 58, and others, see Dig., Part II., p. 550, et seq.; also, 7 & 8 V., c. 96, which relates to persons taken in execution upon judgments for the recovery of debts under 201. ; see ante, p. 201, et seq.
Synopsis of the Statutes. THE 42 G. 3, c. 73; 3 & 4 W. 4, c. 103 ; and 4 & 5 W. 4, c. 1, (see Dig. Part I., tit. FACTORIES), which contain very many provisions on this subject, are not repealed, although they are in many respects superseded by the 7 & 8 V., c. 15, see INFRA. The 8 & 9 V., c. 29, which is also a Factory Act in relation to children working in calico print-works, contains provisions very similar to those in the 7 & 8 V., c. 15. 7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories.
Sect. 2.-No inspector of factories to act as a magistrate, or to make rules and orders as
authorized by the 3 & 4 W. 4, c. 103, which is hereinafter called “ The Factory Act," except as hereinafter mentioned ; and no inspector or sub-inspector shall be compellable to serve upon any jury, or any parochial office, while he continues to hold such office ; and (Sect. 3) every such inspector shall have power to enter any factory wherein any person is employed, and any school where children so employed are educated, and may take a certifying surgeon with him, and such peace officer as he finds necessary; and any person preventing or delaying his admission, or refusing to be examined by him, shall be deemed guilty of obstructing him in the execution of his duty ; and (Sect. 4) the protection afforded by the 24 G. 2, c. 44, to justices of the peace shall extend to
inspectors. Sects. 5—7.-Office of factory inspectors ; and (Sects. 8, 9) certifying surgeon to be
appointed, and certificates to be given by such surgeon; and (Sect. 10) certificates not
7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories.
given by a surgeon shall be given by some person duly authorized by some university, college, or other public body, and countersigned by a magistrate, according to the form in Sched. (A.) to this Act annexed ; and (Sect. 11) no certificate shall be given except
upon personal inspection. Sect. 12.-Agreements by the mill-o ner and the certifying surgeon as to his remunera
tion not invalid if conformable to regulations, and the same be countersigned by the inspector in token of such conformity ; but (Sect. 13) the inspector shall fix the amount of fees to be paid to the surgeon by the mill-owner, and also the times when such surgeon shall visit a factory, and the fees so to be fixed by the inspector shall not in any case, where the surgeon examines more than one person, exceed ls. for each person presented to him by the mill-owner for examination, together with 6d. for every half-mile that the distance of the factory from the residence of such surgeon exceeds one mile ; and such fees shall not in any case be less than 1s., or exceed 58. for any one visit, except when, upon such visit, the said surgeon examines for the said certificates of age more than ten persons, in which case he shall receive 6d. for each person he may so examine ; and in any case where a factory is situated within the distance of one mile from the residence of the surgeon, the fee for each visit shall not exceed 2s. 6d., unless he examines more than five persons, in which case he shall receive 6d. for each person ; and the occupier of the factory shall pay the surgeon at the time of his signing such certificate, or at any other time when he may be directed by the inspector so to do; and the occupier may deduct any part of the foe, not exceeding the sum of threepence, from the wages of the person for whom the certificate may have been granted: Provided always, that no such surgeon shall be required to visit any factory situated within three miles of his residence oftener than once in each week, or if situated at a greater distance, oftener than once a fortnight, unless with the consent
of the occupier of the factory. Sect. 14.-Inspectors and sub-inspectors may annul any certificate by writing across the
certificate the word “ annulled,” with his name and the date of the annulling, provided that he have reason to believe the real age of the person to be less than that mentioned therein ; or provided the surgeon shali, upon reference made to him, deem such person of deficient health, or by disease incapacitated for labour ; and no such
certificate shall be valid for the purposes of this Act from the day that it is annulled. Sect. 15.—Where the certifying surgeon refuses to grant a certificate, or the certificate is
annulled as aforesaid, the inspector, on the demand of the party wishing to prove the real age, may give to such person a requisition under his hand to produce a duly certified copy of the entry of the birth and baptism of the party; and (Sect. 16) before employing any person requiring a surgical certificate under the Factory Act, as amended by this Act, the occupier of the factory shall obtain such certificate save as hereinafter excepted, and shall be bound to produce the same when required, and no surgical certificate shall be valid except for employment at the factory for which it was originally granted, or, if granted at any other factory, in the occupation of the same person ; provided such other factory be in the district of the certifying surgeon, and the certificate be produced in the factory where the person named in the certificate is at work ; and the surgeon, as often as he visits 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 Sched. (B) to this Act annexed. Sect. 17.-No occupier shall be liable to any penalty for employing any person without a
certificate for any period not exceeding seven days, or when the surgeon resides more than three miles from the factory, for any time not exceeding thirteen days; but this shall not be construed to dispense with the certificate of school attendance, or to authorize
the employment of any one in respect of whom the surgeon has refused a certificate. Sects. 18—21.-Regulations as to lime-washing, protecting young persons working in
any part of a factory where wet spinning of flax is carried on, prohibiting such persons
from cleaning any part of the mill gearing, and fencing all the parts of such gearing. Sect. 22.-In case of any accident happening by which the injured person is prevented from
returning to his work, notice of the accident shall, within twenty-four hours of his absence, be given in writing to the surgeon, and the surgeon shall send a copy of the notice to the inspector; and (Sect. 23) the surgeon shall examine into the causes and extent of the accident, and send a report thereof to the inspector; and (Sect. 24) the Secretary of State, on the report and recommendation of the inspector, shall empower such inspector to bring any action for compensation in the name of the injured party, and the sum recovered shall be applied for the benefit of the injured person, as the Secretary of State shall direct,
7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories.
Sect. 26.—The hours of working shall be regulated by some public clock; and (Sect. 27)
registers shall be kept in every factory; and (Sect. 28) an abstract of this Act, and notices of the names of the inspector, sub-inspector, and surgeon, as also of the clock by which the time is regulated, and the stated times of work shall be hung up in every factory, and in case such abstract or notices become illegible, the occupier shall cause a new copy thereof to be provided and hung up, and every notice required to be hung up shall be in
form and according to the directions as given in Sched. (C) to this Act annexed. Sect. 29.---Any child above the age of eight having obtained a surgeon's certificate may
be employed in a factory ; but (Sect. 30) no child may be employed more than six hours, except in certain cases, where they may be employed seven hours ; and (Sect. 31) where children are employed ten hours, they may be so employed on three alternate days ; but no child shall be employed more than seven hours in any one day until notice has been sent to the inspector; and (Sect. 32) females above the age of eighteen shall be employed the same number of hours as children, under a like penalty in case of default ; so (Sect. 33) no time lost by any accident shall be worked up; but (Sect. 34) if in any factory where part of the machinery is moved by the power of water, the stream becomes so diminished or swollen that the machinery is thereby stopped, the young persons employed in such mill may recover such lost time during the night next following such lost day, unless the same be Saturday, and such lost time shall not be recovered unless a notice thereof has been previously fixed up in the entrance of the
factory, and in such other places as the inspector may direct. Sects. 35-39.-Additional regulations as to ceasing to work on Saturday, as to holidays,
as to not working on Christmas Day or Good Friday, and attendance at school. Sect. 40.-So much of the Factory Act (see ante, Sect. 2) as limits the time for preferring
complaints for offences against the said Act, and as requires any written notice to be given of the intention to prefer any complaint for such offence, and as fixes any penalty or punishment for offences against the said Act, and as relates to the procedure for convicting any person of any offence, and for levying or inflicting the penalty imposed, and for appealing against any such conviction, and as specifies the circumstances under which any penalties shall not be levied, and as relates to the application of penalties,
shall be repealed. Sect. 41.-Occupier of the factory shall be liable for offences against this Act in the first
instance, but upon complaint made by him, he shall be entitled to have any agent, servant, or workman, whom he shall charge as the actual offender, brought by summons before the justices, and if convicted of the offence, such agent, &c. shall pay the penalty; and (Sect. 42) notice of intention to prefer a complaint of machinery being left unguarded, shall be given four days at least previously, and if the party complained against intend to bring forward any millwright or other person skilled in the construction of machinery,
he shall give the inspector forty-eight hours' notice of his intention. Sect. 43.-If any inspector observe in a factory any part of the machinery which appears
to be dangerous, he shall give notice of the same to the occupier: Provided always, that upon an application in writing made by the occupier within fourteen days after having received such notice, two arbitrators, skilled in the construction of the kind of machinery referred to, shall be appointed, one by the occupier and the other by the inspector, and the arbitrators shall within fourteen days proceed to examine the machinery, and if they cannot agree, they shall choose a third arbitrator; and if the arbitrators, or any two of them, sign an opinion that it is unnecessary or impossible to fence the machinery, the inspector shall cancel the notice, and in that case the expense of such reference shall be paid as other expenses under this Act, otherwise the same shall be borne by the occupier; and (Sect. 44) all complaints for offences against this Act shall be preferred within two months next after the commission thereof; and no person shall be liable to a larger amount of penalties for any repetition from day to day than the highest penalty hereinafter named for such offence, unless such repetition have taken place after complaint made; and (Sect. 45) proceedings under this Act may be had before any justices of the peace acting for the county, or adjoining county, provided the place of hearing be not above five miles from the place where the offence was committed; and penalties may be recovered, as under 5 G. 4, c. 18, (see Dig. Part I., tit. JUSTICES OF THE PEACE), and where the warrant of distress is directed against the goods of any person being the occupier of a factory, any goods found therein may be distrained ; and (Sect. 46) the issue of any summons for offences against this Act shall in England and Ireland be issued by any justice, upon complaint of any inspector, or upon oath before him by any other person; and in Scotland by any justice upon complaint by any inspector, or by the procurator fiscal, or by any person having a title and interest to prosecute with