Powers and duties of inspectors for the enforcement of this act. One of the appoint per sons to su perintend under the inspector the execution of this act. quiry respecting their condition, employment and education; and such inspectors or any of them are hereby empowered to take or call to their aid in such examination and inquiry such persons as they may choose, and to summon and require any person upon the spot or elsewhere to give evidence upon such examinations and inquiry, and to administer to such person an oath. 18. And be it further enacted, that the said inspectors or any of them shall have power and are hereby required to make all such rules, regulations and orders as may be necessary for the due execution of this act, which rules, regulations and orders shall be binding on all persons subject to the provisions of this act: and such inspectors are also hereby authorized and required to enforce the attendance at school of children employed in factories according to the provisions of this act, and to order tickets or such other means as they may think fit for vouchers of attendance at such schools; and such inspectors are also hereby required to regulate the custody of such tickets or vouchers, and such inspectors may require a register of them to be kept in every school and factory; and such inspectors are also hereby authorized and required to order a register of the children employed in any factory, and of their sex and hours of attendance, and of their absence on account of sickness, to be kept in such factory; and all registers, books, entries, accounts and papers kept in pursuance of this act shall at all times be open to such inspectors, and such inspectors may take or cause to be taken for their own use such copy as they may think proper; and such inspectors shall also make such regulations as may be proper to continue in force any certificates, tickets or vouchers required by this act, and such certificates, tickets or vouchers so continued in force shall have the same operation and effect as new certificates, tickets or vouchers; and such inspector shall order and is hereby authorized to order the occupier of any factory or mill to register or cause to be registered any information with relation to the performance of any labour in such mill or factory, if such inspector deem such information necessary to facilitate the due enforcement of any of the provisions of this act or of any of the regulations which he may make under the authority of this act; and such inspector is hereby authorized to order such occupier of any mill or factory to transmit, in such manner as may be directed in such order, any information with relation to the persons employed or the labour performed in such mill or factory that such inspector may deem requisite to facilitate the performance of his duties, or any inquiry made under the authority of this act. 19. And be it further enacted, that it shall be lawful for one of his Majesty's principal Secretaries of State, if he shall see fit, upon the of State may application of any inspector, to appoint any one or more persons to superintend, under the direction of any inspector, the execution of the provisions of this act, and of all rules, regulations and orders made under the authority thereof; and such person shall be paid by such salary as may be determined by one of his Majesty's principal Secretaries of State; and such person so appointed shall have authority to enter any school-room, counting-house, or any part of any factory or mill, excepting such part or parts as may be used for manufacturing processes; and if any constable or peace officer shall be required by any inspector to perform any continuous service, it shall be lawful for such inspector to allow a special recompence to such constable or peace officer for such service: provided, nevertheless, that any such orders may be altered or disallowed by one of his Majesty's principal Secretaries of State, on complaint made to him by memorial from any party interested. attend a 20. And be it further enacted, that from and after the expiration Children in of six months from the passing of this act every child hereinbefore factories to restricted to the performance of forty-eight hours of labour in any school. one week shall, so long as such child shall be within the said restricted age, attend some school to be chosen by the parents or guardians of such child, or such school as may be appointed by any inspector in case the parents or guardians of such child shall omit to appoint any school, or in case such child shall be without parents or guardians; and it shall and may be lawful, in such last-mentioned case, for any inspector to order the employer of any such child to make a deduction from the weekly wages of such child as the same shall become due, not exceeding the rate of one penny in every shilling, to pay for the schooling of such child; and such employer is hereby required to pay the sum so deducted according to the order and direction of such inspector (d). ter's voucher 21. And be it further enacted, that after the expiration of six Schoolmasmonths from the passing of this act it shall not be lawful to employ required. or continue to employ in any factory or mill any child restricted by this act to the performance of forty-eight hours of labour in any one week, unless such child shall, on Monday in every week next after the commencement of such employment, and during every succeeding Monday or other day appointed for that purpose by an inspector give to the factory master or proprietor, or to his agent, a schoolmaster's ticket or voucher, certifying that such child has for two hours at least for six out of seven days of the week next preceding attended his school, excepting in cases of sickness, to be certified in such manner as such inspector may appoint, and in case of any holiday, and in case of absence from any other cause allowed by such inspector, or by any justice of the peace in the absence of the inspector; and the said last-mentioned ticket shall be in such form as may be settled by any inspector (e). additional 22. And be it further enacted, that wherever it shall appear to any Means of inspector that a new or additional school is necessary or desirable to providing enable the children employed in any factory to obtain the education schools. required by this act, such inspector is hereby authorized to establish or procure the establishment of such school.' allow order 23. And be it further enacted, that if upon any examination or Inspector inquiry any inspector shall be of opinion that any schoolmaster or may disschoolmistress is incompetent or in any way unfit for the performance for salary, if of the duties of that office, it shall and may be lawful for such in- schoolmaster spector to disallow and withhold the order for any payment or any mistress insalary to such schoolmaster or schoolmistress as hereinbefore pro- competent. vided. or school child remain 24. And be it further enacted, that if any child within the several Mill-owner ages herein before restricted to the performance of nine hours of day liable to labour shall be kept or allowed to remain in any room or place penalty for whatsoever where any machinery is used, or shall be kept or allowed ing on the to remain on any premises within the outer walls of any factory or premises mill, for any longer time than nine hours during any one day, or for more than any longer time than the residue of such nine hours in the case of any child which has been previously employed for any shorter time during the same day in any other factory or mill, the occupier of such factory or mill shall, without any evidence of the employment of such child, be liable to the same penalty and punishment as for employing nine hours. (d) See further, 7 & 8 Vict. c. 15, ss. 38, 57, post. (e) See further, 7 & 8 Vict. c. 15, s. 39. U Proviso Notices by inspectors. such child for such longer period: provided nevertheless, that no place, yard or play-ground open to the public view shall be considered part of the premises on which children shall not be allowed to remain beyond the hours herein before stated: And be it further provided, that the children may be allowed to remain in any schoolroom attached to such factory or mill, or in any other waiting room or parts of the premises where no machinery is used, and which shall at all times be open to the inspection of any mill warden or peace officer duly appointed under the provisions of this act. 25. And be it further enacted, that notice of any general order or regulation applying to more than one mill or factory, made by any inspector, if published for two successive weeks in one or more newspapers published in the town, place or county where any such mill or factory is situate, shall in all cases, at the end of seven days after the second publication thereof, have the same effect in attaching a responsibility upon any offender against such order or regulation as a notice personally served upon such offender: provided nevertheless, that such notice shall not be to the exclusion of any other special notice which any inspector may deem expedient or proper. Interior walls 26. And be it further enacted, that the interior walls, except such of every mill, parts as are painted, of every mill or factory or building where the &c., to be lime-washed. process of manufacturing is carried on, shall be limewashed, and the ceilings of all rooms which have rooms or lofts above them, and all ceilings which are plastered. shall be whitewashed once every year, unless permission to the contrary, in writing, be granted by any inspector (f). An abstract of this art, and such rules and regulations as any in spector may determine, shall be hung up in mills. Punishment 27. And be it further enacted, that a copy or copies of such abstract of this act, and also such copy or copies of any regulation or regulations made in pursuance of this act, as any inspector shall direct, shall be hung up and affixed in a conspicuous part or in the several departments of every mill or factory; and such copy or copies of such abstract and of such rules or regulations, so hung up and affixed, shall be signed by the master or manager or overseer of such mill or factory; and such copy or copies shall be renewed by such master, manager or overseer so often as any inspector may direct (g). 28. And be it further enacted, that if any person shall give, sign, for forgery of countersign, endorse, or in any manner give currency to any false certificate, knowing the same to be untrue, or if any person shall forge any certificate, or shall forge any signature or endorsement on any certificate, or shall knowingly and wilfully give false testimony upon any point material to any certificate of any inspector or schoolmaster, such person shall be deemed guilty of a misdemeanor, and shall, on conviction thereof before any inspector or justice, be liable to be imprisoned for any period not exceeding two months, in the house of correction in the county, town or place, where such offence was committed. certificates. Parents liable to penalty of 20s. for the 29. And be it further enacted, that in case of the employment of any child contrary to the provisions of this act, or for a longer time than is hereinbefore limited and allowed, or without a due compliance with the provisions of this act touching the education of children, or the certificates of surgeons or magistrates, the parent or legal hours, parents of such child, or any person having any benefit from the wages of such child, shall be able to a penalty (h) of twenty employment of children beyond the &c. (f) See also 42 Geo. 3, c. 73, s. 2, ante, p. 409; 7 & 8 Vict. c. 15, ss. 18, 58. post. (g) See also 42 Geo. 3, c. 73, s. 12, ante, p. 411; 7 & 8 Vict. c. 15, s. 28, post. (h) See 7 & 8 Vict. c. 15, s. 40, post. shillings, unless it shall appear to the satisfaction of the justice or inspector that such unlawful employment has been without the wilful default of such parent or person so benefited as aforesaid. 30. And be it further enacted, that if any offence shall be com- Agents and mitted against this act, for which the master of any factory or mill is servants of factory legally responsible, and it shall appear to the satisfaction of any owners to justice or inspector that the same has been committed without the be personpersonal consent, concurrence or knowledge of such master, by or ally liable. under the authority of some agent or servant or workman of such master, it shall be lawful for such inspector or justice to summon such agent or servant or workman before him to answer for such offence, and such agent or servant or workman shall be liable to the penalties and punishment for such offence herein provided, and such inspector or justice shall convict such agent or servant or workman in lieu of such master. 31. And be it further enacted, that if any employer of children in Penalties any factory or mill shall by himself or by his servants or workmen for offences against this offend against any of the provisions of this act. or any order or regu- act. lation of any inspector made in pursuance hereof, such offender shall for such offence (except in the case of any offence for which some other penalty or punishment is specially provided) forfeit and pay any sum not exceeding twenty pounds, nor less than one pound, at the discretion of the inspector or justice before whom such offender shall be convicted: provided nevertheless, that if it shall appear to such inspector or justice that such offence was not wilful nor grossly negligent, such inspector or justice may mitigate such penalty below the said sum of one pound, or discharge the person charged with such offence (i). 32. And be it further enacted, that if any person shall knowingly Penalty for obstructing and wilfully obstruct any inspector in the execution of any of the inspectors. powers entrusted to him by this act, such person shall for every such offence forfeit and pay a sum not exceeding ten pounds (k). have same 33. And be it further enacted, that such inspector shall have the Inspectors to same powers, authority and jurisdiction, over constables and peace powers over officers, as regards the execution of the provisions of this act, as may constables as by law be exercised by his Majesty's justices of the peace over such justices. constables and peace officers. act may be any one 34. And be it further enacted, that all proceedings for the en- Proceedings forcement of any penalty or punishment imposed by or under the under this authority of this act may be had before any inspector or justice of had before the peace acting in or for the town, place, county or division, where any one inthe offence shall be committed; and the inspector or justice before spector or whom any person shall be summarily convicted and adjudged to pay magistrate. any sum of money for any offence against this act may adjudge that such person shall pay the same either immediately or within such period as the said inspector or justice shall think fit; and in case such sum of money shall not be paid immediately or at the time so appointed, the same shall be levied by distress and sale of the goods and chattels of the offender, together with the reasonable charges of such distress; and for want of sufficient distress such offender shall be imprisoned in the common gaol for any term not exceeding one calendar month where the sum to be paid shall not exceed five pounds, or for any term not exceeding two calendar months in any (i) See 7 & 8 Vict. c. 15, s. 40, and ss. 56 to 65 inclusive, post. (k) See 7 & 8 Vict. c. 15, ss. 40, 61, post. Complaints to be preferred at or before the visit of the inspector; one case, the imprisonment to cease in each of the cases aforesaid upon payment of the sum due. 35. And be it further enacted, that all complaints for offences against this act shall be preferred at or before the time of the visit, duly notified, of any inspector next after the commission of such offence; and written notice of the intention to prefer the complaint for such offence shall by the complainant be given within fourteen days after the commission of such offence to the party or parties notice given. complained against: provided always, that no more than one penalty for a repetition of the same offence shall be recoverable, except after the service of the written notice as aforesaid (7). and previous Proviso as to penalties. one name sufficient for In case of 36. And be it further enacted, that it shall not be deemed necespartnerships, sary in any summons or warrant issued in pursuance of this act to set forth the name or other designation of each and every the partners in any such mill or factory, but that it shall be lawful to insert in such summons or warrant the name of the ostensible occupier, or title of the firm by which the occupier or occupiers employing the workpeople of every such mill or factory are usually designated and known. summons, &c. Service of summons. Inspectors and justices may summon witnesses to appear and give evidence, and on neglect may commit to prison; and afterwards dis on sufficient excuse or 37. And be it further enacted, that the service of such summons or warrant on any occupier, principal manager, conductor or agent of any such mill or factory shall be good and lawful service. 38. And be it further enacted, that it shall be lawful for the inspectors or any of them, or for any justice of the peace, upon any complaint, or upon any investigation under this act, without any complaint, to administer an oath to any witness, and to summon any witness forthwith to appear and give evidence before him or them, or at a time and place appointed for hearing such complaint or making such investigation, or to order such witness to be brought before him by any constable or peace officer; and if such witness shall not appear according to such summons, proof upon oath having been given of the due service of such summons, or shall resist such constable or peace officer, or shall not submit to be examined as a witness, it shall be lawful for such inspectors and justices by warrant under their hand and seal to commit such person for such non-appearance, resistance or non-submission to the county prison, or prison of the place where such offence was committed, there to remain without bail or mainprize for any time not exceeding two calendar months. 39. Provided nevertheless, and be it enacted, that, except in the case of resistance to any constable or peace officer, it shall be lawful charge them for the inspector or justice by whom such person shall have been committed to discharge such person from prison, if such person shall compliance. show any cause to such inspector or justice which shall be deemed satisfactory as an excuse for such non-appearance, or if such person shall afterwards submit himself to be examined to the satisfaction of such inspector or justice, and the order of such inspector or jus. tice for such discharge shall be a sufficient warrant to any gaoler or prison keeper. Convictions to be filed amongst records of county. 40. And be it further enacted, that every conviction under this act before any inspector or justice may be made according to the form in the schedule to this act annexed; which conviction shall be certified to the next general quarter sessions, there to be filed amongst the records of the county, riding or division, and shall have the force of an act of record, whether the same shall be by an inspector or by a justice of the peace for such county, riding or division; (1) See 7 & 8 Vict. c. 15, s. 40, post. |