In case of infectious disorders the master to call in medical &c. districts or parts, and to appoint two such visitors as aforesaid for each of such districts or parts (o). 10. And be it further enacted, that in case the said visitors or either of them shall find that any infectious disorder appears prevailing, to prevail in any mill or factory as aforesaid; it shall be lawful the visitors for them or either of them to require the master or mistress of may require any such mill or factory to call in forthwith some physician, or other competent medical person, for the purpose of ascertaining the nature and probable effects of such disorder, and for applyassistance, ing such remedies and recommending such regulations as the said physician, or other competent medical person shall think most proper for preventing the spreading of the infection and for restoring the health of the sick; and that such physician, or other competent medical person, shall report to such visitors, or either of them, as often as they shall be required so to do, their opinion in writing of the nature, progress, and present state of the disorder, together with its probable effects; and that any expenses incurred in consequence of the provisions aforesaid for medical assistance, shall be discharged by the master or mistress of such mill or factory. Penalty for visitors. 11. And be it further enacted, that if any person or persons obstructing shall oppose or molest any of the said visitors in the execution of the powers intrusted to them by this act, every such person or persons shall for every such offence forfeit and pay any sum not exceeding ten pounds nor less than five pounds (p). Copies of this act to be affixed in two conspicuous places of such mills or factories. Penalty on masters offending against this act. 12. And be it further enacted, that the master or mistress of every such mill or factory shall cause printed or written copies of this act to be hung up and affixed in two or more conspicuous places in such mill or factory, and shall cause the same to be constantly kept and renewed, so that they may at all times be legible and accessible to all persons employed therein (q). 13. And be it further enacted, that every master or mistress of any such mill or factory who shall wilfully act contrary to or offend against any of the provisions of this act, shall for such offence (except where otherwise directed) forfeit and pay any sum not exceeding five pounds nor less than forty shillings, at the discretion of the justices before whom such offender shall be convicted as after mentioned; one-half whereof shall be paid to the informer, and the other half to the overseers of the poor in England and Ireland, and to the minister and elders in Scotland, of the parish or place where such offence shall be committed, to be by them applied in aid of the poor rate in England and Ireland, and for the benefit of the poor in Scotland, of such parish (0) See further, 3 & 4 Wm. 4 c. 103, s. 17, post. (p) See also 3 & 4 Wm. 4, c. 103, s. 32; 7 & 8 Vict. c. 15, s. 61; 8 & 9 Vict. c. 29, ss. 41, 42, post. (9) See also 3 & 4 Wm. 4, c. 103, s. 27; 7 & 8 Vict. c. 15, s. 28; 8 & 9 Vict. c. 29, s. 29, post. or place provided always, that all informations for offences against this act shall be laid within one calendar month after the offence committed, and not afterwards. 14. And be it further enacted, that every such master or Mills or mistress shall, at the Epiphany sessions in every year, make, or factories cause to be made, an entry in a book to be kept for that pur- certain employing a pose by the clerk of the peace of the county, riding, or division number of in which any mill or factory shall be situate, of every such persons to mill or factory occupied by him or her wherein three or more apprentices, or twenty or more other persons shall be employed; kept by the and the said clerk of the peace shall receive for every such clerk of the entry the sum of two shillings and no more. be entered in a book peace. how to be 15. And be it further enacted, that all offences for which Penalties any penalty is imposed under this act, shall and may be heard and forbefore any two or more justices of the peace, acting in or for feitures, the place where the offence shall be committed; and all pen- recovered. alties and forfeitures by this act imposed, and all costs and charges attending the conviction of any such offender or offenders, shall and may be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of any two or more justices of the peace acting for the county, stewartry, riding, division, or place where such offence shall be committed, rendering the overplus (if any) to the party or parties offending; and which warrant such justices are hereby empowered and required to grant, upon conviction of the offender, either by confession, or upon the oath of one or more credible witness or witnesses (which oath such justices are hereby empowered to administer); and in case such distress cannot be found, and such penalties, forfeitures, and costs shall not be forthwith paid, it shall and may be lawful for such justices, and they are hereby empowered and required, by warrant under their hands and seals, to commit such offender or offenders to the common gaol or house of correction of the county, stewartry, riding, division, or place where the offence shall be committed, for any time not exceeding two calendar months, unless the said penalty, forfeiture, and costs shall respectively be sooner paid and satisfied: provided always, that no warrant of distress shall be issued for levying any such penalty, forfeiture, or costs, until six days after the offender shall have been convicted, and an order made upon him or her for payment thereof; and no such conviction shall be removeable by certiorari or bill of advocation into any Court whatsoever. 16. And be it further enacted, that every such conviction before such justices may be made in the following form; to wit, 4 County of BE it remembered, that on the to wit. day of in the year was, upon the complaint of C. D., convicted before Form of A. B. conviction (r). (r) See 11 & 12 Vict. c. 43. Publick act. as the cuse of the justices of the peace for the said county of Which conviction shall be certified to the next general quarter sessions, there to be filed amongst the records of the county, riding, or division. 17. And be it enacted, that this act shall be deemed and taken to be a publick act, and shall be judicially taken notice of as such, by all judges, justices, and others, without specially pleading the same. SCHEDULE TO 5 GEO. 4, c. 96. Form of the Award to be written at the Foot or upon the Back of the Order of the Justices of Peace certifying the Reference. We, I. K. and L. M. [name and describe the referees], the referees appointed to settle the matters in dispute between the parties within named [or, I. K., one of the referees so appointed; or, L. M., the other referee appointed, having failed to attend; or, I, N. O., the justice, as the case may be]; do hereby adjudge and determine that [here set forth the determination; to which the referee or referees or justice, as the case may be, shall subscribe their names]. Form of Endorsement, extending the Time limited for making the We, A. B. and C. D., parties to the within reference, do hereby agree to extend the same to the inclusive. Witness our hands this Witness. day of day of A. B. C. D. Form of Acknowledgment of Fulfilment of the Award, to be written at the Foot or on the Back thereof. I, A. B., do hereby acknowledge that the above award hath been fulfilled by C. D., who is hereby discharged of the same. Witness my hand this Witness. day of A. B. Form of the Oath to be administered by the Arbitrators or Justice to the Parties and Witnesses under this Act. The evidence that you shall give before us, the arbitrators appointed by A. B. and C. D. [the parties] to determine the matters in difference between them under and by virtue of an act passed in the fifth year of the reign of King George the Fourth, intituled, " An Act to consolidate and amend the Laws relative to the Arbitration of Disputes between Masters and Workmen," shall be the truth, the whole truth, and nothing but the truth. So help you GOD. Form of Commitment of a Person summoned as a Witness before the Arbitrators. Whereas proof on oath hath been made before me, one of his Majesty's justices of the peace for the county [or, riding, stewartry, division, city, burgh, liberty, town, or place] of on this day of that A. B. hath been duly summoned and hath neglected to appear and give evidence before C. D. and E. F., the arbitrators appointed by and between G. H. and I. K. to determine the matters in dispute between them, at in the county [or, riding, stewartry, division, city, burgh, on the liberty, town, or place] of day of under and by virtue of an act made in the fifth year of the reign of his present Majesty, intituled "An Act" [here set forth the title of this act (s),] and the said A. B. being required by me, the said justice, to give evidence before the said arbitrators, and still refusing so to do, therefore I, the said justice, do hereby, in pursuance of the said act, commit the said A. B. to the [describing the prison and the house of correction], there to remain, without bail or mainprize for his [or her] offence aforesaid, until he [or she] shall submit himself or herself] to be examined and give his [or her] evidence before the said arbitrators touching the matters referred to them as aforesaid, or shall otherwise be discharged by due course of law: And you, the [constable or other peace officer or officers to whom the warrant is directed], are hereby authorized and required to take into your custody the body of the said A. B., and him [or her] safely to convey to the said prison [or house of correction], and him [or her] there to deliver to the gaoler [or keeper] thereof, who is hereby authorized and required to receive into his custody the body of the said A. B., and him [or her] safely to detain and keep pursuant to this commitment. Given under (s) See last form, supra. my hand this Lord day of in the year of our [This commitment to be directed to the proper peace officer and the gaoler [or keeper] of the prison [or house of correction]. Form of Warrant of Distress. To the constable of Whereas on the of day of pursuant to an act passed in present Majesty, intituled act (t),] is liable to pay to and also the sum of under an award made by in the year of our Lord the fifth year of the reign of his "An Act" [state the title of this the sum of of and the said having refused or neglected to pay the same for the space of two days and upwards subsequent to the making such award, these are therefore to command you to levy the said sum of by distress and sale of the goods and chattels of the said and I do hereby order and direct the goods and chattels so to be distrained to be sold and disposed of within days, unless the said sum of for which such distress shall be made, together with the reasonable charges of taking and keeping such distress, shall be sooner paid: and you are also hereby commanded to certify to me what you shall do by virtue of this my warrant. Given under my hand and seal at I day of Form of the Constable's Return to the Warrant of Distress. constable of justice of the peace of the do hereby certify to that I have made diligent search for, but do not know of, nor can find any goods and chattels of by distress and sale whereof I may levy the sum of pursuant to his warrant for that purpose. Dated day of in the year of our Lord in the year the Given under my hand this of our Lord day of Form of Commitment thereupon to the House of Correction. |