ceed for Second, but such form is not adapted to the said last mentioned act as altered by this act; and it may be useful to have one general form for the said recited act of the twenty-second of George the Second and this act; be it therefore further enacted, that in respect to all offences which from and after the said first day of July one thousand seven hundred and seventy-seven shall be committed against the said recited act of the twenty-second of George the Second, so much of the said act of the twenty-third of George the Second as prescribes a form of conviction for offences against the said act of the twentysecond of George the Second shall be repealed; and that from and How jusafter the said first day of July one thousand seven hundred and tices to proseventy-seven the justices before whom any offender shall be con- conviction victed of any offence, either against the said act of the twenty-second of offenders of George the Second or varied by this act or against this act, shall against the cause the conviction to be certified to the next general or general 22 Geo. 2, or quarter sessions of the peace to be held in and for the county, riding, this act. division, city, liberty, town or place where such conviction was made, to be filed with the records of such sessions; and such convictions shall and may be drawn up and written on parchment, and certified in the following form of words, as far as the name of the person and the nature of the case will admit of (that is to say), Middlesex, (or any other) BE it remembered, that on the place, as the case shall day of be), to wit. said act of Form of con in the year of our Lord viction (r). A. B. was convicted before us of his Majesty's justices of the peace in and for the said or ' county of [here specify the offence, and 'when and where the same was committed]. Given under our hands ' and seals the day and year first above written.' 22. Provided always, and be it further enacted, that no order made Proceedings touching or concerning any of the matters in this act contained, not to be quashed for or any proceedings to be had touching the conviction of any offender want of form or offenders against the said act of the twenty-second of George nor removed the Second, or this act, shall be quashed for want of form, or be re- by certiorari. moved or removable by certiorari into his Majesty's Court of King's Bench (s); and the justices before whom such convictions shall be had shall cause the same, drawn up in the form aforesaid, to be fairly written upon parchment, and transmitted to the next general or general quarter sessions of the peace to be held for the county, riding, division, city, liberty, town or place wherein such conviction was had, to be filed and kept amongst the records of the said general or general quarter sessions; and in case the person or persons so convicted shall appeal from the judgment of the said justices to the said general or general quarter sessions, the justices on such general or general quarter sessions are hereby required, upon receiving the said conviction drawn up in the form aforesaid, to proceed to the hearing and determination of the matter of the said appeal, according to the direction of the said act, any law or usage to the contrary notwithstanding. (r) See R. v. Wilcock, 7 Q. B. 317; In re Boothroyd, 15 M. & W. 1; 11 & 12 Vict. c. 43. (s) This section takes away the writ of certiorari only from offences for the first time created by 22 Geo. 2, c. 27, and does not apply to those created by 12 Geo. This act not to repeal any former law, except as is herein 23. Provided also, and be it further enacted, that nothing herein contained shall extend or be construed to extend to repeal any former law or laws now in being for the punishment of any of the offences herein above specified, except so far as is particularly exparticularly pressed by this act; and no offender who shall have been proceeded expressed; against upon or by virtue of this act for any of the offences herein specified shall for the same offence be afterwards proceeded against upon or by virtue of any such former law or laws. nor to extend committed against the act 22 Geo. 2, con 24. Provided also, and be it further enacted, that nothing cot to any offence tained in this act shall extend to or affect any person or persons for any offence committed or to be committed against the said recited act of the twenty-second year of the reign of his late Majesty King George the Second, before the said first day of July one thousand seven hundred and seventy-seven, but all and every such offender and offenders shall and may be prosecuted and punished in the same manner as if this act had not been made. before 1st July, 1777. Limitation of actions. General issue. 25. And be it further enacted, that if any suit or action shall be commenced or prosecuted against any person or persons for any. thing done or to be done in pursuance of this act, every such suit or action shall be severally brought, laid and tried in the county of place where the fact was committed, and not elsewhere; and the defendant or defendants in every such action or suit shall and may plead the general issue, and give this act and the special matter in evidence, at any trial to be had thereupon, and that the same was Treble costs. done in pursuance of and by the authority of this act; and if it shall appear to be so done, or if any such suit or action shall be brought in any other county or place than where the fact was committed, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her or their action after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same as any defendant or defendants hath or have for costs in other cases at law. 42 GEO. 3, c. 73. An Act for the Preservation of the Health and Morals of Apprentices Whereas it hath of late become a practice in cotton and woollen mills, and in cotton and woollen factories, to employ a great number of male and female apprentices, and other persons, in the same building, in consequence of which certain regulations are become necessary to preserve the health and morals of such apprentices and other persons; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, From Dec. 2, and by the authority of the same. That, from and after the second day 1802, mills of December, one thousand eight hundred and two, all such mills and and factories factories within Great Britain and Ireland, wherein three or more apemploying a certain numprentices, or twenty or more other persons, shall at any time be employed, shall be subject to the several rules and regulations contained ber of per in this act; and the master or mistress of every such mill or factory sons subject is hereby strictly enjoined and required to pay due attention to and to the reguact in strict conformity to the said rules and regulations. lations of this act. and water 2. And be it enacted, that all and every the rooms and apartments The rooms in or belonging to any such mill or factory shall twice at least in shall be every year, be well and sufficiently washed with quick lime and washed with water over every part of the walls and ceiling thereof (t); and that quick lime due care and attention shall be paid by the master or mistress of twice a year, such mills or factories, to provide a sufficient number of windows and care shall and openings in such rooms or apartments, to insure a proper supply be taken to of fresh air in and through the same. admit fresh air. 3. And be it further enacted, that every such master or mistress Apprentices shall constantly supply every apprentice, during the term of his or shall be supher apprenticeship, with two whole and complete suits of cloathing, plied with with suitable linen, stockings, hats and shoes; one new complete two complete suit being delivered to such apprentice once at least in every year. suits of cloathing, twelve hours. 4. And be it further enacted, that no apprentice that now is or &c. hereafter shall be bound to any such master or mistress, shall be Time of employed or compelled to work for more than twelve hours in working not any one day (reckoning from six of the clock in the morning to to exceed nine of the clock at night), exclusive of the time that may be occupied by such apprentice in eating the necessary meals: provided From June always, that, from and after the first day of June one thousand eight 1, 1803, no hundred and three, no apprentice shall be employed or compelled to be comapprentices to work upon any occasion whatever, between the hours of nine of pelled to the clock at night and six of the clock in the morning (u). work be factories 5. And be it further enacted, that in any mill or factory, wherein tween nine not less than one thousand nor more than fifteen hundred spindles six in the at night and are constantly used in the carrying on of the manufacture, it shall morning. and may be lawful for the owner or owners of such mill to employ In mills or his apprentices in the night until the twenty-fifth day of December wherein a one thousand eight hundred and three; and in any mill or factory certain wherein more than fifteen hundred spindles shall be employed, it number of shall and may be lawful for the owner of such mill to employ his spindles are apprentices in the night until the twenty-fifth day of June one thou- prentices sand eight hundred and four; anything herein contained to the contrary notwithstanding. used, ap may be employed in the night till certain 6. And be it further enacted, that every such apprentice shall be instructed, in some part of every working day, for the first four periods. years at least of his or her apprenticeship, which shall next ensue, Apprentices from and after the second day of December one thousand eight hun- to be indred and two, if he or she is an apprentice on the said second day structed of December one thousand eight hundred and two, and for the first every working day for four years at least of his or her apprenticeship, if his or her ap- the first four prenticeship commences at any time after the said second day of years of his December one thousand eight hundred and two, in the usual hours apprenticeship in readof work, in reading, writing and arithmetick, or either of them, ac- ing, writing, cording to the age and abilities of such apprentice, by some discreet and arithand proper person, to be provided and paid by the master or mis- metick, &c. tress of such apprentice, in some room or place in such mill or factory to be set apart for that purpose: and that the time hereby directed to be allotted for such instruction as aforesaid, shall be (t) See further, 3 & 4 Will 4, c. 103, s. 26; 7 & 8 Vict. c. 15, ss. 18 & 58, post. (u) As to time of working, see further 3 & 4 Will. 4, c. 103; 7 & 8 Vict. c. 15; 8 & 9 Vict. c. T Apartments of male and female apprentices to be kept dis tinet, and two only shall sleep in one bed. Regulations to be observed for the instruction of ap prentices on Sundays. Justices at their Midsummer sessions yearly shall appoint two such mills or visitors of factories, who shall report the condition thereof to deemed and taken on all occasions as part of the respective periods limited by this act during which any such apprentice shall be employed or compelled to work. 7. And be it further enacted, that the room or apartment in which any male apprentice shall sleep, shall be entirely separate and distinct from the room or apartment in which any female apprentice shall sleep; and that not more than two apprentices shall in any case sleep in the same bed. 8. And be it further enacted, that every apprentice, or (in case the apprentices shall attend in classes), every such class shall, for the of one hour at least every Sunday, be instructed and exspace amined in the principles of the Christian religion, by some proper person, to be provided and paid by the master or mistress of such apprentice; and in England and Wales, in case the parents of such apprentice shall be members of the Church of England, then such apprentice shall be taken, once at least in every year during the term of his or her apprenticeship, to be examined by the rector, vicar, or curate of the parish in which such mill or factory shall be situate; and shall also, after such apprentice shall have attained the age of fourteen years and before attaining the age of eighteen years, be duly instructed and prepared for confirmation, and be brought or sent to the bishop of the diocese to be confirmed, in case any confirmation shall, during such period, take place in or for the said parish; and in Scotland, where the parents of such apprentice shall be members of the Established Church, such apprentice shall be taken, once at least in every year, during the term of his or her apprenticeship, to be examined by the minister of the parish; and shall, after such apprentice shall have attained the age of fourteen years, and before attaining the age of eighteen years, be carried to the parish church to receive the sacrament of the Lord's Supper, as the same is administered in churches in Scotland; and such master or mistress shall send all his or her apprentices under the care of some proper person, once in a month at least, to attend during Divine service in the church of the parish or place in which the mill or factory shall be situated, or in some other convenient church or chapel where service shall be performed according to the rites of the Church of England, or according to the established religion in Scotland, as the case may be, or in some licensed place of Divine worship; and in case the apprentices of any such master or mistress cannot conveniently attend such church or chapel every Sunday, the master or mistress, either by themselves or some proper person, shall cause Divine service to be performed in some convenient room or place in or adjoining to the mill or factory, once at least every Sunday that such apprentices shall not be able to attend Divine service at such church or chapel; and such master or mistress is hereby strictly enjoined and required to take due care that all his or her apprentices regularly attend Divine service, according to the directions of this act. 9. And be it further enacted, that the justices of the peace for every county, stewartry, riding, division or place, in which any such mill or factory shall be situated, shall, at the Midsummer sessions of the peace to be holden immediately after the passing of this act for such county, stewartry, riding, division or place, and afterwards yearly at their annual Midsummer sessions of the peace, appoint two persons, not interested in, or in any way connected with, any such mills or factories, to be visitors of such mills or factories in such county, stewartry, riding, division or place; one of whom shall be a justice of peace for such county, stewartry, riding, division or place, and the other shall be a clergyman of the Established Church the quarter of England or Scotland, as the case may be; and in case it shall be sessions, &c. found inconvenient to appoint one such justice and one such clergyman as aforesaid, it shall be lawful to and for such justices, and they are hereby required to appoint two such justices, or two such clergymen; and the said visitors, or either of them, shall have full power and authority, from time to time throughout the year, to enter into and inspect any such mill or factory at any time of the day, or during the hours of employment, as they shall think fit; and such visitors shall report from time to time in writing to the quarter sessions of the peace the state and condition of such mills and factories, and of the apprentices therein, and whether the same are or are not conducted and regulated according to the directions of this act and the laws of the realm; and such report shall be entered by the clerk of the peace among the records of the session in a book kept for that purpose: provided always, that in case there shall be six or more such mills or factories within any one such county, riding, division or place, then it shall be lawful for such justices to divide such county, riding, division or place, into two or more districts or parts, and to appoint two such visitors as aforesaid for each of such districts or parts (v). disorders the master 10. And be it further enacted, that in case the said visitors or In case of either of them shall find that any infectious disorder appears to pre- infectious vail in any mill or factory as aforesaid, it shall be lawful for them or prevailing, either of them to require the master or mistress of any such mill or the visitors factory to call in forthwith some physician, or other competent may require medical person, for the purpose of ascertaining the nature and pro- to call in bable effects of such disorder, and for applying such remedies and medical recommending such regulations as the said physician, or other com- assistance, petent medical person shall think most proper for preventing the &c. 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. visitors. 11. And be it further enacted, that if any person or persons shall Penalty for oppose or molest any of the said visitors in the execution of the obstructing 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 (w). be affixed 12. And be it further enacted, that the master or mistress of every Copies of such mill or factory shall cause printed or written copies of this act this act to to be hung up and affixed in two or more conspicuous places in such in two conmill or factory, and shall cause the same to be constantly kept and spicuous renewed, so that they may at all times be legible and accessible to places of all persons employed therein (x). such mills or factories. 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 Penalty on against any of the provisions of this act, shall for such offence (except offending (v) See further, 3 & 4 Will. 4, c. 103, s. 17, post, p. 431. (w) See also 3 & 4 Will. 4, c. 103, s. 32; 7 & 8 Vict. c. 15, s. 61; 8 & 9 Vict. c. 29, ss. 41, 42, post. (x) See also 3 & 4 Will. 4, c. 103, s. 27; 7 & 8 Vict. c. 15, s. 28; 8 & 9 Vict. c. 29, s. 29, post. masters |