The visits of the certifying surgeon to the print work shall be recorded in this register in the manner following. If the surgeon shall be told that there is no child or young person in the print work to be examined at the time of his visit he shall insert in this column the word " None." + If none granted he shall insert the word "None." SCHEDULE (C.) NOTICE TO BE FIXED UP IN THE PRINT WORK. Form for the Notice to be fixed up of the Names and Addresses of the Inspector and Sub-Inspector, and the Clock for regulating the Hours of Work in the Print Work. Name and address of the inspector of the district Name and address of the sub- Name and address of the surgeon Clock by which the hours of work SCHEDULE (D.) FORMS OF SUMMONSES AND CONVICTION. Form of Summons to be issued by an Inspector or Sub-Inspector against a Person who has committed an Offence. Whereas it appeareth to me, I. F., one of her Majesty's inspectors [or sub-inspector] of factories, that A. D. of in the county [or borough, &c.] of hath offended against the act made in the year of her Majesty's reign, intituled [here set forth the title of this act]; forasmuch as he the said A. D., on the day of in the year of our Lord in the county [or borough, &c.] of did [here set forth the substance of the charge]: These, therefore, are to require you forthwith to summon the said A. D. to appear before such two or more of her Majesty's justices of the peace acting in and for the county [or borough, &c.] of who shall be present at county [or borough, &c.] of at the hour of in the on the at day of in the noon of the same day, to answer to the said charge, and to be further dealt with according to law, and be you then there to certify what you have done in the premises. Herein fail not. Form of Summons of a Witness to be issued by an Inspector or Sub County of [or borough of the at in the did [here set forth the substance in the county [or borough, Whereas it appeareth to me, I. F., one of her Majesty's inspectors [or sub-inspector] of factories, that A. D. of in the county [or borough, &c.] of hath offended against the act made in year of her Majesty's reign, intituled [here set forth the title of the act]: forasmuch as he the said A. D., on the day of in the year of our Lord county [or borough, &c.] of of the charge], and that B. P. of fc.] is a material witness to be examined concerning the said charge: These, therefore, are to require you forthwith to summon the said B. P. to appear before such two or more of her Majesty's justices of the peace acting in and for the county [or borough, &c.] as shall be present at in the county [or borough, on the day of at the hour of noon of the same day, to testify his knowledge concerning the premises, and be you then there to certify what you have done in the premises. Herein fail not. of in the Given under my hand, this our Lord day of in the year of (Signed) I. F., Inspector [or Sub-Inspector]. Form of Conviction. County of BE it remembered, that on the day in the year one thousand eight A. B. [describe the [liberty or borough, Given under our hands and seals, the day and year above written. J. P. (L. S.) K. Q. (L. S.) 5 Geo. 4, c. 96. 8 & 9 VICT. c. 77. An Act to make further Regulations respecting the Tickets of Work Whereas by 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," it was enacted (z), amongst other things, that “with (z) Sect. 18, ante, p. 348. ery piece of work given out by the manufacturer to a workman to done, there shall (if both parties are agreed) be delivered a note ticket in such form as the said parties shall mutually agree upon :" nd whereas it is expedient that, so far as relates to persons emloyed in the woollen, worsted, linen, cotton and silk hosiery manuctures, such further provision should be made for delivery to them f a note or ticket of work as hereinafter is expressed: Be it thereǝre enacted by the Queen's most excellent Majesty, by and with he advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the autho-ity of the same, that from and after the first day of January in the year one thousand eight hundred and forty-six, when any manufacturer of hosiery, or the agent of any such manufacturer, gives out to Manufaca workman the materials to be wrought, such manufacturer or agent turer to deshall at the same time deliver to such workman a printed or written materials a ticket, signed by such manufacturer, containing the particulars of ticket of the agreement between such manufacturer and such workman, as in work. the schedule to this act annexed; and such manufacturer or agent delivering such ticket shall make or cause to be made, and shall preserve until the work contracted to be done shall have been completed or paid for, a duplicate of such note or ticket. liver with 2. And be it enacted, that in the event of any dispute between Ticket to be the manufacturer or his agent and the workman, such ticket, and the evidence. said duplicate thereof, shall be required to be produced, and shall, together or either of them, be evidence of all things mentioned therein or respecting the same. 3. Provided always, and be it enacted, that where the subject of When disdispute relates to the alleged improper or imperfect execution of pute arises any as to imperwork delivered to a manufacturer or his agent, such piece of work fect execushall be produced in order to adjudication, or if not produced, shall tion the be deemed and taken to have been sufficiently and properly ex- work to be produced. ecuted. turer for 4. And be it enacted, that if any manufacturer or agent shall Penalty on neglect or refuse to deliver such ticket to such workman as afore- manufacsaid, with the materials so given out, and if such workman shall non-delivery complain thereof to any justice of the peace having jurisdiction in of ticket. the place where the materials shall have been delivered out, or where the workman shall reside, such justice may summon such manufacturer or agent to attend before two justices at a time or place appointed for hearing the complaint, and set forth in the summons; and if the person to whom such summons so directed appears according to the tenor thereof, or if he does not appear, and the due service of the summons is proved, the said justices may proceed to hear and determine the complaint; and if such neglect or refusal as aforesaid be proved, either by the confession of the party complained against, or by the oath of the complainant, or of any other credible witness or witnesses, such justices may convict such offender, and may, upon such conviction, adjudge him to pay such penalty not exceeding five pounds, together with the costs attending the conviction, as such justices shall think fit, and the party so adjudged to pay such penalty and costs shall pay the same accordingly; provided always, that in all convictions of adjudications under this act, one at least of the convicting or adjudicating justices shall be a person not engaged in any manufacture, trade, occupation or employment to which this act extends, and shall not be the father, son or brother of any such person. 5. And be it enacted, that if any of the parties to the said com- Power of plaint shall make oath before any justice having cognizance of such summoning witnesses. Service of summons. Levying and application of penalty. 3 Geo. 4, c. 46. No certio nor distress unlawful for want of form. complaint that he or she believes that the attendance of any person as a witness will be material to the hearing of such complaint, such justice may summon such person, having been paid or tendered a reasonable sum for his expenses, to appear and give evidence on oath at a time and place set forth in the said summons; and if any person so summoned shall not appear at the time and place set forth in the said summons, and shall not make excuse for the default to the satisfaction of the justices there present, and if the due service of the summons be proved, or if such person appearing according to the summons shall not submit to be examined as a witness, then such justices may adjudge such person so making default in appearing or refusing to give evidence to pay such penalty not exceeding two pounds, as such justices shall think fit, and the party so adjudged to pay such penalty shall pay the same accordingly. 6. And be it enacted, that every summons required by this act shall be served by delivering the same to the person summoned, or by leaving the same at his or her usual place of abode, twenty-four hours at least before the time appointed by the summons for such person to appear. 7. And be it enacted, that if any such penalty or costs so adjudged by any justices to be paid is not paid immediately upon adjudication, such justices may issue their warrant to distrain and sell the goods and chattels of the person so adjudged to pay the same, for the amount thereof, with costs; and the proceeds of such distress, after paying the penalty and costs, and the costs of such distress and sale, shall be paid over to the person convicted; and the said penalty shall be paid over to the sheriff or other proper officer of the county, city, borough or place in which such conviction shall take place, for her Majesty's use, and shall be returned to the court of quarter sessions, under the provisions of an act passed in the third year of the reign of King George the Fourth, intituled “An Act for the more speedy Return and levying of Fines, Penalties, and Forfeitures, and Recognizances estreated." 8. And be it enacted, that no order or conviction, or proceeding rari allowed, touching the same respectively, shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty's superior courts of record; and that when any distress shall have been made for levying any money by virtue of this act the distress itself shall not be deemed unlawful, nor the party making the same a trespasser, on account of any defect or want of form in the summons, warrant, conviction, warrant of distress, or other proceedings in relation thereto, nor shall the party distraining be deemed a trespasser from the beginning, on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for special damage (if any) by action on the Interpretation of act. Alteration of act. case. 9. And be it enacted, that the word "manufacturer" in this act shall be understood to mean any person furnishing the materials of work to be wrought into hosiery goods, to be sold or disposed of on his own account, and the word "agent" to include any person conveying or delivering the same to the workman, and the word "workman" any person actually employed in the manufacture of the same. 10. And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of Parliament. |