7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories. the concurrence of the procurator fiscal; and every such prosecution in Scotland shall be summary, and no fees shall be allowed, other than those allowed by the 10 G. 4, c. 55. Sect. 47.-Every person summoned to answer any complaint shall be bound to appear before the justices, and to produce every register, or other account, paper, or notice, required by law to be kept by him or his agent, and in case of his not appearing, the justices may hear and determine the matter in his absence; and (Sect. 48) inspectors and sub-inspectors shall be competent witnesses; and (Sect. 49) justices may enforce attendance of witnesses, who shall be liable to one month's imprisonment in case of default; and (Sect. 50) inspectors shall also have the power of summoning witnesses to attend before justices; and (Sect. 51) in the case of partners, the name of one partner in the summons will be sufficient. Sect. 52.-On any complaint of employing a person in a factory otherwise than is allowed by this Act, the time of beginning work in the morning, stated in any notice fixed up in the factory, and 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 be allowed to enter or be in any factory, except at meal times, or during the stopping of the whole machinery of the factory, or for the sole purpose of bringing tea or other articles of food to the workers in the factory, between the hours of four and five of the clock in the afternoon, it shall be evidence, unless the contrary be proved, that such person was then employed in that factory; but yards, play-grounds, and places open to the public view, school-rooms, waiting-rooms, 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.-Every surgical certificate granted under this Act, or the Factory Act, and not annulled, shall be evidence in the first instance of the age of the person named therein, but shall not protect any one knowing such person to be of less than the age certified from any penalty for employing or conniving at the employment of such young person; and (Sect. 54) if any inspector make a complaint before a justice that the real age of any person employed in a factory without a surgical certificate is less than sixteen, the occupier shall be liable to the penalties for employing, without a certificate, persons for whom a surgical certificate is required, unless he prove, by an extract from the register of births or baptisms, that the said person had completed his sixteenth year; and (Sect. 55) the like, when proof of age of persons alleged to be eighteen is required. Sect. 56.--The penalty for employing young persons longer than allowed by law shall be not less than 208., nor more than 3., for each child; and (Sect. 57) the penalty on parents for allowing any children to be employed contrary to this Act, or neglecting to cause such child to attend school shall be not less than 5s., nor more than 208., unless it appears to the justices that the offence was committed without the consent, connivance, or wilful default of the parent; so (Sect. 58), the penalty for not limewashing or otherwise washing the interior of the factory shall not be less than 3., nor more than 10.; so (Sect. 59), the penalty for not fencing machinery shall not be less than 57., nor more than 201.; so (Sect. 60), for not fencing dangerous machinery after notice, not less than 107., nor more than 100l.; so (Sect. 61), for obstructing inspectors, not less than 37., nor more than 107.; and (Sect. 62), if the obstruction be in the night, then the penalty shall not be less than 207., nor more than 507. ; and (Sect. 63), for making, giving, signing, counterfeiting, or making use of any certificate, knowing the same to be untrue, or making any false entry, or any other account, paper, or notice required by this Act, or making or signing any false declaration on any proceedings under this Act, shall subject the offender to a penalty of not less than 5l., nor more than 201., or to be imprisoned for any time not more than six months; so (Sect. 64), the penalty for any offence against the Factory Act as amended by this Act, for which no specific penalty is hereinbefore provided, shall be not less than 2., nor more than 57.; and (Sect. 65), in case any person be convicted twice within twelve months of the same offence, he shall pay for his second offence not less than one-half of the highest penalty for that offence, and, in the case of a third conviction, not less than two-thirds, and, if convicted more than four times within twenty-four months, he shall pay the highest penalty; but an offence so repeated shall not be considered a second offence unless committed after complaint made for the previous offence, and when the penalties amount to more than 1007., the payment of such sum shall be 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. All penalties for any offence against the Factory Act not appropriated before 7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories. the passing of this Act, and every penalty imposed by this Act, shall be applied by the inspector under the direction of the Secretary of State, who may, if he think fit, remit the whole or any part of such penalties, and what is not remitted or otherwise appropriated shall be applied by the inspector under the like direction for the better establishing schools for the education of children employed in factories. Sect. 67.-In case of a second conviction a copy of the same certified by the clerk of the peace shall be deemed proof of such former conviction, and for every such copy the said clerk shall be entitled to have a fee of 18., and no more. Sect. 68.-Every conviction under this Act may be in the form given in 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.-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 is more than 31. Neither shall any conviction be removable by certiorari or bill of advocation into any court whatever; and no information, conviction or other proceeding in respect of offences against this Act shall be quashed or deemed illegal for any matter of form whatever; and (Sect. 70) any person aggrieved by any conviction for which an appeal is allowed by this Act may appeal to the next court of general or quarter sessions to be holden not less than twelve days after the day of conviction : Provided that the party intending to appeal give to the inspector seven clear days' notice before the session of such his intention, stating the cause or matter of the appeal; and also enter into a recognisance with two sufficient sureties, before a justice of the peace, conditioned personally to appear, and to abide the judgment of the court thereon, and to pay such costs as shall be awarded by the said court, and the court on hearing the matter shall make such order as to them shall seem meet. Sect. 71. In all cases in which a justice of the peace is required or empowered to do anything under the Factory Act as amended by this Act, 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 for any offence committed against this Act shall be heard by a justice of the peace, being an occupier, or the father, son, or brother of the occupier of the factory in which the offence set forth in the complaint has been committed. Sect. 72.-Provided always, that any child above eleven years of age employed solely in the winding and throwing of raw silk, who has obtained a surgical certificate required by this Act of his having completed his eleventh year, may work, without any proof of having attended any 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. Sect. 73.-The Factory Act and this Act shall be construed together as one Act, and so much of the Factory Act, and of any rule or regulation heretofore made by any inspector inconsistent with this Act shall be taken to be repealed; and the word "Child" in this Act shall mean one under thirteen years of age; the words "Young Person" one who has attained that age and under eighteen; the word "Parent" to include guardian or person having the legal custody of any such child or young person. Any person working in a factory, whether for wages or not, or as a learner, or otherwise in any manufacturing process, or in any labour incident thereto, save in the cases hereinafter excepted, shall be deemed to be employed within the meaning of this Act. The word "Inspector" and "Sub-inspector" shall mean inspector of factories; “ Agent," any person acting on behalf of the occupier in the direction of any factory; "Month," calendar month; "Mill-Gearing," every shaft, wheel, drum, or pulley, by which the motion of the first moving power is communicated to the machine. The word "Factory" shall be taken to mean all buildings within the close or curtilage of which steam, water, or other mechanical power is used to work any machinery employed in any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, or tow; and any room situated within the outward gate wherein children are employed in any process incident to the manufacture there carried on, shall be taken to be part of the factory; but this shall not be construed to extend to the dwelling-house, nor to any part of the factory used solely for the manufacture of goods made entirely of any other material than those herein enumerated, nor to any 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 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, nor to any young person employed solely in making and repairing the machinery or any part of the factory. 7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories. SCHEDULES TO WHICH THIS ACT REFERS. SCHEDULE (A). CERTIFICATES. (To be written or printed on white paper.) No.-CERTIFICATE OF AGE FOR A CHILD to be employed in the Factory of I, at - in - situated 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 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 that the said child is not incapacitated, by disease or bodily infirmity, from working daily in the above-named factory for the time allowed by this Act. (Signed) (Certifying Surgeon.) The form of surgical certificate to be given to a child who has obtained a certificate 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.' (To be written or printed on coloured paper.) No.-CERTIFICATE OF AGE FOR A YOUNG PERSON employed in the Factory of —, son [or day I, — of —, duly appointed a certifying surgeon, do hereby certify, That (Signed) (Certifying Surgeon.) 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 certifying surgeon," and substituting the words, "duly authorised 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 a 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 person] agrees with the description therein given; and I believe the real age of the said 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 7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories. In every surgical certificate of age, the day of the month on which it is 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 one, are obtained by the occupier 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 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 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 is obtained, the number hereinbefore 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 do not work more than ten hours in any one day. If a surgeon 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 when the numbers of the certificates are required to be inserted. Factories Regulation Act.- Victoria, c. I, -, of, duly appointed a certifying surgeon, do hereby declare, That, son [or (Signed) Factories Regulation Act.-Victoria, c. SCHOOL CERTIFICATE. I hereby certify, That the under-mentioned child [or children] employed in the factory of thousand eight hundred and day of -, one 7 & 8 V., c. 15. Amending the Laws relating to Labour in Factories. Under the column headed "Time," the periods of the day that each child attends school shall be stated as thus: from nine to twelve, or from two to five, or any other time, as the case may be; and all the children employed in the same factory, who attend school before one of the clock in the afternoon, shall be entered together, distinct from those who attend school after one. The time when each child attends school shall be stated in the column for each day in the handwriting of the schoolmaster, and no certificate shall be valid, unless the schoolmaster, in his own handwriting, subscribe his Christian and surname in full. In the case of any child absent from school, the letter (A) shall be inserted under the day of absence, and the causes of absence shall be inserted in the column headed "Causes of Absence," so far as the same can be ascertained; and when any day has been a holiday at the school, the word "Holiday" shall be entered in the column of the day. All school certificates, if given on loose sheets, shall, as soon as received, be fixed in a book, to be called "The School Certificate Book," in the order of their respective dates. Copies of the above forms may be bound together in a book for each factory. This register shall contain the names of every young person employed in the factory, to be entered successively when engaged to work, whether for the first time, or, after having left, when re-engaged to work. At the beginning of this register shall be inserted : 1. The name of the occupier or firm. : 2. The name of the factory, the place, township, parish, and county where it is situated, and the post-office to which the occupier desires his letters to be directed. 3. The nature of the work carried on. 4. The nature of the moving power, the whole amount of horse power of the steamengine or water-wheel, and also the amount of horse power employed by the occupier or firm. 5. The clock by which the employment of the workers in the factory is regulated. Every alteration in any of the above particulars shall be inserted immediately after the alteration has been made. 6. The holidays and half-holidays which have been given in conformity with this Act shall be recorded together in a distinct place in this register. 7. The dates, when the whole of the factory, if done at one, and the several parts, if done at different times, have been limewashed or painted in oil, and when painted in oil, the dates of their having been washed as required by this Act, and the names and residences of the persons by whom the factory was limewashed, or painted in oil, shall be recorded in a distinct place in the register within six days after they have been so limewashed, painted, or washed; and this declaration of the times of limewashing, painting, and washing, shall be signed by the mill occupier or his principal agent. |