plaint being made to him in writing by an inspector or subinspector, or upon oath before him by any other person, that to the best of the knowledge and belief of the inspector, sub-inspector, or such other person such an offence has been committed, and in Scotland a summons for an offence against this Act shall be issued by any justice upon complaint being made to him in writing by an inspector or sub-inspector, or by the procurator fiscal, or by any person having a title and interest to prosecute with the concurrence of the procurator fiscal, that to the best of the knowledge and belief of such inspector, sub-inspector, procurator fiscal, or other person, such an offence has been committed. And in every such prosecution in Scotland the proceedings shall be summary, and it shall not be necessary to take down in writing more than the substance of the evidence. And no higher or other fees shall be allowed in Scotland to the clerk of court or constables than are allowed to be paid to the sheriff clerk and sheriff officers in causes and prosecutions under the authority of the 10 G. 4, c. 55, intituled An Act for the more effectual Recovery of Small Debts, and for diminishing the Expenses of Litigation in Causes of small Amount in the Sheriff Courts in

Scotland.

47. Compelling parties to appear and bring register.] And be it enacted, That every person who shall be summoned to answer any complaint shall be bound to appear at the time and place mentioned in the summons, and to produce before the justices then and there present every register or other account, paper, or notice required by law to be kept by him or his agent, which shall be mentioned in the summons. And if he shall not appear accordingly then (upon proof of due service of the summons) (g) the justices may either hear and determine the case in his absence, or issue their warrant, as herein-after provided (h), for enforcing his attendance, and the attendance of any witness who shall refuse or neglect to appear.

48. Inspectors and sub-inspectors competent witnesses.] And be it declared and enacted, That it shall be no objection to the competency of any inspector or sub-inspector to give evidence as a witness in any prosecution under this Act that it is brought at the instance of such inspector or sub-inspector (i).

49. Justices may enforce attendance of witnesses.] And be it enacted (k), That any justice of the peace, upon any com

(g) If the justices proceed in the absence of the defendant, service either personal or constructive, according to sec. 51, post, p. 71, will suffice. If they issue their warrant they must require the summons to have been served personally. See sec. 49, post, p. 70.

(h) See s. 49, post, p. 70.

(i) The subsequent Evidence Acts have rendered this clause unnecessary.

(k) This clause is very oddly expressed, and therefore its construction not only difficult but doubtful. The 11 & 12 Vict. c. 43, s. 35, except proceedings under the Factory Acts from that statute.

plaint under this Act, may summon any witness to appear and give evidence at a time and place appointed for hearing such complaint, and by warrant under his hand and seal may require any person to be brought before the justices by whom the complaint shall be heard who shall neglect or refuse to appear at the time and place appointed in any summons, proof upon oath being first given of personal service of the summons upon the person against whom such warrant shall be granted, and may commit any person coming or brought before such justices who shall refuse to give evidence to the county prison or prison of the place where such offence (7) was committed, there to remain for any time not exceeding one month (m), or until such person shall sooner submit himself to be examined. And in case of such submission the order of any justice shall be a sufficient warrant to any goaler or prison keeper for the discharge of such

person.

50. Inspectors and sub-inspectors may summon offenders and witnesses.] And be it enacted, That every inspector and sub-inspector shall be empowered to summon any person whom he shall charge with having offended against this Act, and also all witnesses who may be needed to give evidence concerning the charge. And every such summons shall be of the same effect as if issued by a justice of the peace after complaint upon oath before him, and shall be enforced in like manner, and the like proceedings may be had thereupon, as if complaint upon oath had been made before such justice for such offence. And every constable and other peace officer to whom any such summons shall be directed shall be bound to take charge of and to serve such summons, and in default thereof shall be liable to be punished as if the summons had been issued by a justice of the peace. And every such summons of an offender or witness may be in the form provided in each (n) case, and given in the schedule (D.) hereunto annexed (0). And when an inspector or sub-inspector shall summon an offender he shall give to the same constable or peace officer a statement of the offence alleged to have been committed, who shall deliver it to a justice of the peace usually acting for the division (p) in which the case is to be heard, or to the clerk of any such justice, at least 24 hours before the period named in the summons for the appearance of the party charged with such offence (9).

(1) Does this mean the offence which is the subject of the complaint, or the offence of the witness in not properly answering? (m) This

means calendar months.

See s. 78, post, p. 81. (n) Read'such'.

(o) Forms of summons may be ob

tained of Messrs. Shaw, Fetter Lane, London, the publishers of this volume. (p) That is, the petty sessional division.

(q) The object of this provision is to supply the justices with previous knowledge of the nature of the case to be heard by them. The justice who re

51. In case of partnership, one name sufficient for summons.] And be it enacted, That it shall be sufficient, in any information, complaint, or other proceeding under this Act, to set forth the name of the ostensible occupier or title of the firm by which the occupier employing the workpeople of the factory may be usually known.

And the service of any summons, order, or notice required by this Act, or issued under the authority of this Act, (and not expressly directed to be personal service,) may be made (r) by leaving the same at the dwelling house of the person to whom the same shall be addressed, or, in the case of summoning or giving an order or notice to the occupier of a factory or to a schoolmaster, by giving a copy thereof in writing to the agent (s) of such occupier, or by sending a copy thereof by the post directed to the occupier of the factory at the factory, or to the schoolmaster at his school.

52. Evidence of employment.] And be it enacted, That in any complaint of the employment of any person in a factory otherwise than is allowed by this Act, the time of beginning work in the morning which shall be stated in any notice fixed up in the factory, 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 (t).

And if any person shall be allowed to enter or be in any factory, except at meal times, or during the stoppage of the whole machinery of the factory, or for the sole purpose of bringing tea or other articles of food to the workers in a factory, between the hours of 4 and 5 o'clock, p.m. (u), it shall be evidence, unless the contrary shall 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.

53. Surgical certificates to be proof of age.] And be it enacted, That every surgical certificate given under this Act, or which has been granted conformably to the Factory Act, and which shall not have been annulled, shall be evidence in the first

ceives it should therefore attend or forward the statement so received to the petty sessions.

(r) This does not exclude any other mode of service which the case allows, independent of this provision.

(8) See definition of agent in s. 73, post, p. 81.

(t) This portion of the clause is repealed by 13 & 14 Vict. c. 54, s. 2, post, p. 102.

(u) This passage refers to the persons bringing food, therefore if any persons come at any other time in the day for such purpose, it lies upon the occupier of the factory to prove that they came for such purpose.

instance of the age of the person named therein (a), but shall not protect any person, knowing such person to be of less than the age certified, from any penalty for employing or conniving at the employment (b) of such person otherwise than is allowed by this Act. And in every proceeding on any information or complaint for employing any person contrary to this Act, a declaration in writing by the certifying (c) surgeon of the district that he has personally examined such person, and believes him to be under such age as shall be set forth in such declaration, shall be evidence, in the first instance, until the contrary shall be made to appear, that such person is under the age mentioned in such declaration.

54. Proof of age of persons alleged to be sixteen.] And be it enacted, That if any inspector or sub-inspector shall make a complaint before a justice of the peace that the real age of any person who is employed in a factory (d) without a surgical certificate is less than 16, the occupier of the factory in which such person is employed shall be liable to the penalties for employing persons for whom a surgical certificate is required by law without the proper surgical certificate, unless, upon the proceeding for the enforcement of such penalties, he shall prove, by an extract from a legal register of birth or baptism, that the said person had completed his 16th year of age (e).

55. Proof of age of persons alleged to be eighteen.] And be it enacted, That if an inspector or sub-inspector shall make a complaint before a justice of the peace that the real age of any person employed in a factory in a manner contrary to law is less than 18, the occupier of the factory in which such person is employed shall (save in the cases herein-after excepted) (ƒ), be liable to the penalty for employing such person, unless upon the proceeding for the enforcement of such penalties he shall prove that the said person had completed his 18th year (g).

56. Penalties for employing children and young persons longer than allowed by the Act.] And be it enacted, That any

(a) See the interpretation of this word in the interpretation clause, s. 73, post, p. 80.

(b) There does not appear to be any penalty prescribed for conniving at the employment. See sec. 63, post, p. 75, which provides for connivance at the making of false certificates or entries.

(c) It seems that this declaration need not be made before the justices, but that they may act upon the declaration in writing when produced before them. They must, however, have evidence that the declarant is the certifying surgeon, and that the declaration is signed by him. It will be well, therefore, that the declaration should be attested.

person who shall be convicted of having employed any person in any manner contrary to the provisions of the Factory Act (a) as amended by this Act, or for employing a child without having obtained a certificate from a schoolmaster where such certificate is required by law (b), such person not being the parent (c) nor having any direct benefit from the wages of such child, shall for every such offence be adjudged to pay a penalty of not less than 20s. and not more than 37. for each child or young person so illegally employed: Provided always, that if it shall be proved that such offence was committed during the night the penalty shall not be less than 40s. nor more than 57. (d).

57. Penalty on parents for allowing children to be employed contrary to this Act, or neglecting to cause them to attend school.] And be it enacted, That the parent and every person having any direct benefit from the wages of any child or young person employed in any manner forbidden by the Factory Act (e) as amended by this Act, or who shall neglect to cause such child to attend school as herein-before provided (ƒ), shall be liable to a penalty of not less than 5s. and not more than 20s. for each offence, unless it shall appear to the justices before whom the complaint is preferred that such offence has been committed without the consent, connivance, or wilful default of such parent or person so benefited.

58. Penalty for not lime-washing or otherwise washing the interior of the factory.] And be it enacted, That the penalty for not lime-washing the walls, passages, staircases, and ceilings or tops of rooms of a factory, within the period prescribed by this Act (g), or for not washing, as herein-before provided, the inside walls and ceilings or tops of rooms which are painted with oil, shall not be less than 37. nor more than 10%., and not less than 27. additional penalty for every month (h) during which the occupier shall allow any of the said walls, passages, staircases, or ceilings or tops of rooms to remain without being limewashed or washed as aforesaid, after being convicted of this offence.

59. Penalty for not fencing machinery.] And be it enacted, That the penalty for not fencing the several parts of the ma

(a) 3 & 4 W. 4, c. 103, ante, p. 9. (b) See sect. 39, ante, p. 63. (c) As to whom, see next clause. (d) In many cases mill occupiers have been prosecuted for offending against this clause.

(e) 3 & 4 W. 4, c. 103, ante, p. 9. (f) See sect. 38, ante, p. 62. The phraseology of this clause is somewhat obscure; but it seems that the parent is liable to the penalty if he suffer the child, or young person, to be employed contrary to the Act, or if he neglect to

cause the child to be sent to school. It will be found that the parent has seldom much control over those designated as young persons in this Act. See the sect. 73, post, p. 80, for the interpretation of the word parent.

In various cases, however, the parents have been prosecuted with success for offending against these provisions. (g) See sect. 18, ante, p. 43.

(h) That is calendar month. See sect. 73, post, p. 81.

E