company, &c., for any like works constructed by the Local Board, which may be disturbed by such company (11 & 12 Vict. c. 63, s. 72). He may give notice requiring the owner of any house to obtain, within a specified time, a sufficient supply of water (s. 76, and 21 & 22 Vict. c. 98, s. 51); and shall approve ventilation of cellar dwellings. [See "Cellar Dwellings."] The Surveyor is to give notice to the owners of ruinous buildings to take down or repair the same, and may lay a complaint before two Justices, who may order the necessary works to be done; and, in case of default, the Board may execute the same at the owner's expense, &c. (21 & 22 Vict. c. 98, s. 44; and 10 & 11 Vict. c. 34, s. 75, et seq.)

METROPOLIS MANAGEMENT ACTS.

All new houses in the Metropolis must be drained to the satisfaction of the Surveyor of the District Board of Works (18 & 19 Vict. c. 120, s. 75), who may inspect all drains, &c. (s. 82). The Surveyor must approve the construction of windows in cellar dwellings (s. 103). District Surveyors to report on cellar dwellings. [See "Cellar Dwellings."] The Treasury may appoint Engineers to report on the works of the Metropolitan Board (21 & 22 Vict. c. 104, s. 9.)

INSPECTOR OF NUISANCES.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

For the due performance of their duties, in Districts to which the Public Health and Local Government Acts are applied, the Local Board of Health are empowered to appoint an Inspector of Nuisances,-which office may be filled by the Surveyor,—and to make Bye-laws for regulating his duties (a), &c. (11 & 12 Vict. c. 63, s. 37). He is not to be

(a) See suggested forms for Bye-laws, pp. 619-632, 652.

interested in any bargain or contract made with such Board, or accept any fee or reward other than his salary, under penalty of 50%. (s. 38). If entrusted with money he must give security, and duly account to the Treasurer (s. 39). The Inspector of Nuisances may give notice to the owner or occupier of any premises to remove any manure or offensive matter, and if not complied with within twenty-four hours, the same may be seized and sold (11 & 12 Vict. c. 63, s. 59) at the owner's expense, recoverable in a summary manner (21 & 22 Vict. c. 98, s. 32). The Inspector of Nuisances may enter and inspect any shop for the sale of meat, poultry, fish, &c., or any slaughterhouse, and may scize any article which appears to him unfit for human food, to be dealt with by any Justice (11 & 12 Vict. c. 63, s. 63; and 10 & 11 Vict. c. 34, s. 131).

NUISANCES REMOVAL AND DISEASES PREVENTION ACTS.

Inspectors of Nuisances may be appointed, and remunerated by the Local Authorities (23 & 24 Vict. c. 77, s. 9). He may seize unwholesome food, &c. (26 & 27 Vict. c. 117, s. 2). [See "Diseased Meat."]

METROPOLIS MANAGEMENT ACTS.

In the Metropolis every Vestry or District Board must appoint an Inspector of Nuisances (a) to superintend scavengers, and to report all complaints of infringements of the Act, or the Bye-laws thereunder, and to take proceedings for any offences (18 & 19 Vict. c. 120, s. 133).

REGULATION OF BAKEHOUSES.

The Inspector of Nuisances may be instructed by the Local Authority to enter and inspect any Bakehouse, to ascertain the condition thereof (26 & 27 Vict. c. 40, s. 6). [See "Regulation of Bakehouses."]

(a) By the City Sewers Act, s. 88 (see note, p. 37) the Commissioners are required to appoint an Inspector of Nuisances for the City of London.

BODILY CARE.

HEALTH IN THE FACTORY.

Numerous statutes are in force for the protection of women and children employed in various trades, so as to prevent their health from being injured either by excessive hours of labour, or from the neglect of ventilation and cleanliness.

FACTORIES IN GENERAL (a).

The first Act for the preservation of health in Factories is the 4 Geo. 3, c. 73, which enacts that in all cotton and woollen mills where three or more apprentices are employed, due ventilation shall be provided (s. 2), also suitable clothing (s. 3); and that the hours of labour are not to exceed twelve hours per day, exclusive of meal times, to be between 6 a.m. and 9 p.m. (s. 4). Visitors may be appointed by the Justices (s. 9), who, in case of sickness, may require Medical assistance to be provided at the owner's expense (s. 10). There are now, however, very few such mills which are not regulated in these respects by the subsequent Factory Acts. At present no child is allowed to be employed in any Factory before 6 a.m. nor after 6 p.m., except to make up lost time, nor after 2 p.m. on Saturday (16 & 17 Vict. c. 104, s. 1); nor must any child be employed more than 6 or seven hours in any one day (7 Vict. c. 15, s. 30); or ten hours on three alternate days (s. 31). No child under 8 is to be employed in any Factory (s. 29), or print

(a) An Analysis of such provisions only of the Factory Acts as relate to health is here given. For a complete collection of these statutes, see the separate editions of the Factory Acts.

work (a) (8 & 9 Vict. c. 29, s. 19); nor are children to be employed in wet Spinning Mills unless protected from wet and the escape of steam (7 Vict. c. 15, s. 19). Under certain conditions the hours may be from 7 a.m. to 7 p.m. from the 30th of September to the 1st of April (16 & 17 Vict. c. 104, s. 2); provided that to make up lost time by stoppage of water, &c., such children may be employed one hour extra until 7 a.m. within six months of the stoppage (s. 3). Similar restrictions are in force with respect to young persons and females, who, except to make up lost time, are not to be employed more than twelve hours, meal times included (b) (13 & 14 Vict. c. 54, ss. 1, 4, 5, 6, and 7; also 7 Vict. c. 15, ss. 32 to 34). One and a half hours must be daily allowed for meals (c) (3 & 4 Will. 4, c. 103, s. 6), between halfpast 7 a.m. and 6 p.m. (13 & 14 Vict. c. 54, ss. 3 and 8), one hour thereof at least before 3 p.m., and half an hour at least in five hours before 1 p.m. (7 Vict. c. 15, s. 36). Eight halfholidays a year must be given, besides Christmas-day and Good Friday (3 & 4 Will. 4, c. 103, s. 9; 7 & 8 Vict. c. 15, s. 37).

(a) Where a child was solely employed in stitching leather on braces, the webbing being made in another part of the building, it was held, that this was not within the exception in s. 73, 7 & 8 Vict. c. 15 (Taylor v. Hicks, 31 L. J. M. C. 242); and where children were employed in a building in which steampower was used for winding thread previously manufactured elsewhere, from skeins on to reels, it was held, that such was a factory within 3 & 4 Will. 4, e. 103, and 7 & 8 Vict. c. 15.--Cockburn, C. J.: "This is a factory within both statutes. The process in question is a winding within the first, and a process incident to the manufacture of the thread within the second, for it brings the cotton into a state in which it certainly was not at the time it was in the skein. And the case is unquestionably within the mischief against which both these Acts were directed" (Haydon v. Taylor, 3 New Reports, 116). Premises used for plaiting cotton round strips of steel for crinoline are also within the 7 & 8 Vict. c. 15 s. 73 (Whymper v. Harney, 5 New Reports, 369). But where a paper maker had a separate mill for the manufacture of cotton waste into "half stuff," which was sent to the paper mill to be made into paper, and was never used for any other purpose: it was held, that the "half stuff" mill came within the exception of the 7 & 8 Vict. c. 15, regarding "any factory or part of a factory used solely for the manufacture of paper" (Coles v. Dickenson, 4 New Reports, 335).

(b) or nine hours under sixteen years old, unless provided with a certificate of being at least thirteen (3 & 4 Will. 4, c. 103, s. 14; 7 Vict. c. 15, s. 9). (c) These provisions concerning meal times and holidays do not extend to print works.

The strength and healthy appearance of any child under 13, employed in a Factory, must be certified by a Medical man in the form prescribed (a) (3 & 4 Will. 4, c. 103, ss. 11, 12, 13; 7 Vict. c. 15, s. 9; 8 & 9 Vict. c. 29, ss. 20, 21). Certifying Surgeons to be appointed (7 Vict. c. 15, s. 8); to act under regulations as to fees, &c., and in manner prescribed (ss. 9 to 17; and 8 & 9 Vict. c. 29, ss. 7 to 18). No child or female is to be employed in any Print Work during the night (s. 22). The walls and ceilings of Factories must be lime-washed and cleansed at least once in every fourteen months (7 Vict. c. 15, s. 18). No young person is to be employed to clean machinery in motion, or to work between the fixed and traversing part (s. 20), and machinery must be securely fenced (b) (s. 21; and 19 & 20 Vict.

(a) Where a child of eleven years old had been employed without a surgeon's certificate required by 8 & 9 Vict. c. 29, s. 20, in "scutching" goods which had been previously printed, it was held that the employer was liable to the penalty notwithstanding that no process connected with printing was carried on in the room where the child worked.-Cockburn, C. J.: "There can be no doubt that this case is within the mischief contemplated by the statute, that is, the employment of young children, except on satisfactory proof of their healthy condition in buildings where printing is carried on" (Hardcastle v. Jones, 1 New Reports, 54).

(b) All but the operative wheel requires fencing: and where machinery is protected when a servant is first employed, and he complains to his master that such protection is removed or worn out, and is promised that it shall be restored, the master is liable for injury arising to the servant from the absence of such protection (Holmes v. Clarke, 6 H. & N. 349; 30 L. J. Ex. 135). Machinery must be fenced in the most secure manner possible (Schofield v. Schunk, 24 L. T. 253); not children only, but all persons are entitled to recover (Coe v. Platt, 2 L. M. & P. 488; 6 Exch. 752; 7 Exch. 460). The right to recover damages at common law is not in any way interfered with by the remedies provided by the statute (Caswell v. Worth, 5 E. & Bl. 849; 2 Jur. N. S. 116; 25 L. J. Q. B. 121). Any person causing, by wrongful act, neglect, or default, the death of another, shall be liable to an action for damages to be brought by the executor or administrator for the benefit of the relatives of the deceased (9 & 10 Vict. c. 93). Under this statute, where a person is killed by such negligence as would have given him a right of action for injury had he survived, damages may be recovered for the benefit of the relatives for pecuniary loss by his death, although such loss would not have resulted to himself had he lived in a disabled state; and the loss of superior education and greater comforts is such a loss where the income wholly ceases with the life of the deceased (Pym v. Great Northern Railway, 31 L. J. Q. B. 249). An action will not lie, under this Act, where there is no pecuniary damage (Duckworth y. Johnson, 4 H. & N. 653; 29 L. J. Ex. 25). So,