c. 38, ss. 4, 5, 6). These last-mentioned provisions do not extend to Lace Factories (24 & 25 Vict. c. 117, s. 6). Notice of any accident causing bodily injury must be sent to the Certifying Surgeon (7 Vict. c. 15, s. 22), who is to examine and report to the Factory Inspector (s. 23), who may be directed by the Secretary of State to bring an action in the name of any injured person (s. 24). By the Act for the Extension of the Factory Acts (i.e., 4 Will. 4, c. 103; 7 Vict. c. 15; 14 Vict. c. 54; 17 Vict. c. 104; and 20 Vict. c. 38), it is provided that buildings used for the manufacture of Earthenware, Lucifer Matches, Percussion Caps, Cartridges, Paper Staining, and Fustian Cutting, are to be within the provisions of the abovementioned Acts (27 & 28 Vict. c. 48, ss. 1 to 3). Every Factory to which this Act applies must be kept clean and ventilated, so as to render harmless any gases, dust, &c., under penalty not exceeding 107. nor less than 37.; or, in case of the neglect of any Order directing means to be adopted for the purpose, 17. a-day during non-compliance (s. 4). Occupiers may make rules (with the approval of the Secretary of State) where a child was killed by negligence, and the jury found there was no money damage, but a sum expended on the funeral and for medical attendance; it was held, that such expenses are not recoverable, and the action could not be maintained (Boulter v. Webster, 5 New Reports, 238). A master who, by his negligence, personal interference, or employment of incompetent assistants, contributes to an accident whereby his servant receives an injury in his service, is responsible for such injury; but in the absence of a special contract, he is not liable for an accident not proved to have been occasioned by such negligence on his part (Ormond v. Holland, 1 E. B. & E. 102). Where a carpenter at work at a railway station was injured by the negligence of the men engaged in the traffic of the line, it was held, that the company were not liable to compensate him for the injury, because it was one of the risks naturally incidental to his employment, for the incurring of which he must be held compensated by his wages. The question as to the employment of servants in a common object is immaterial to the question of the master's liability in case of negligence, if the injury was consequent on a risk incidental to the employment in which the injured servant was engaged (Morgan v. Vale of Neath Co., 4 New Reports, 460). So, also, where the servant of A., who was employed by B. to carry goods, was injured by the negligence of B.'s servants whilst loading a cart; it was held that B. was liable for the injury, they not being under the same control, or so employed upon a common object as to take away the right of action against B, by the servant of A (Abraham v. Reynolds, 5 H. & N. 143). See note, p. 143.

for compelling among workmen the observance of conditions necessary to secure such ventilation and cleanliness, and may annex a penalty not exceeding 17. for nonobservance (s. 5). Prior to 25th of January, 1867, children of not less than 12 may be employed under this Act for the same time and subject to the same conditions under which young persons exceeding 13 may be employed under the Factory Acts. No child or female is to take meals in any room where any part of Lucifer Match making (except cutting wood) is usually carried on. No child under 11 is to work in the employment of Fustian Cutting. Except that no child or female must remain during meal times in the Dipping Houses, Dippers' Drying-rooms, or China Scouring-rooms, the provisions of the Factory Acts as to meals will not apply to Paper Staining or the manufacture of Earthenware, prior to 25th of January, 1866. The provisions of 7 & 8 Vict. c. 15, s. 18, as to painting and lime-washing, do not apply to rooms used solely for the storage of Earthenware (s. 6). Inspectors are appointed by the Secretary of State to enforce the due observance of these Statutes, under which powers are given as to the recovery of penalties for any neglect or default in carrying out the prescribed regulations in the manner therein set forth.

LACE FACTORIES.

All the provisions of the Factory Acts are applied to Lace Factories by the 24 & 25 Vict. c. 117, s. 1, except that youths between 16 and 18 may be employed not exceeding nine hours, between 4 a.m. and 10 p.m., so that it be not earlier than 6 a.m. and later than 6 p.m. of the same day; nor later than 6 p.m. of any day, and earlier than 6 a.m. of the succeeding day (s. 2). The provisions of the Factory Acts relating to making up lost time, or to the fencing of machinery, do not extend to Lace Factories (ss. 5, 6).

Rope works, for simply laying or twisting or other process of preparing or finishing twines, ropes, &c., are declared not within the operation of the Factory Acts by the 9 & 10 Vict. c. 40.

BLEACHING AND DYEING WORKS.

The provisions of the Factory Acts are declared to apply to Bleaching and Dyeing Works by the 23 & 24 Vict. c. 78, s. 1; extended by 25 Vict. c. 8, to bleaching by the open-air process so far as to prevent the employment of women and children in bleaching, dyeing, or finishing (a) yarn, &c., between 8 p.m. and 6 a.m., except to recover lost time; further extended by 26 & 27 Vict. c. 38, to any premises for calendering any yarn, &c., or other material, in which steam or other mechanical power is used. Still further extended by the 27 & 28 Vict. c. 98, to premises employed in finishing, hooking, or lapping, or making up or packing any yarn or cloth of cotton, wool, silk, flax, or other materials; but not to any building where all the persons employed are males above fourteen; and owners may by notice to the Inspector elect what shall be the working hours on such premises for females and children, so that the total in any one day or week allowed by the above-mentioned Acts be not exceeded, and that such be within the twelve hours commencing from 6, 7, or 8 o'clock in the morning. Where time has been lost by fluctuations in trade, &c., females and young persons may be employed in recovering such lost time until half-past 4 p.m. on Saturdays, and 8 p.m. on other days, provided that the time during the previous six months does not exceed the total number of hours allowed by law (23 & 24 Vict. c. 78, s. 2); in any case not to exceed twelve hours, or nine hours on Saturday (s. 3). In case the machinery be suspended by day, night-work may be allowed to make up the loss (s. 4). The provisions of the Factory Acts relating to

(a) The process of "finishing" is not within the 23 & 24 Vict. c. 78, unless it be carried on as incidental to the operation of bleaching and dyeing (Howarth v. Coles, 31 L. J. M. C. 262). The exception in s. 9 of the same Act extends to a building which in a commercial sense forms part of the establishment where printing is carried on, though at a distance from it (Hoyle v. Oram, 31 L. J. M. C. 213).

meal times, fencing machinery, and lime-washing buildings, do not apply to Bleaching and Dyeing Works (ss. 10 and 12).

PUBLIC HEALTH AND LOCAL GOVERNMENT ACTS.

If within the District of any Local Board of Health any house is used as a building in which persons of both sexes, and above twenty in number, are employed at one time in any manufacture, trade, or business, the Board may, by notice to the owner or occupier, require them within a specified time to construct a sufficient number of waterclosets, or privies, for the separate use of each sex, under penalty not exceeding 201., and not exceeding 27. per day during default (11 & 12 Vict. c. 63, s. 52).

SAFETY IN THE MINE.

INSPECTION OF COLLIERIES, ETC. (a)

For the Protection of Miners, it is enacted that no person shall be employed in any coal or ironstone Mine, unless there are in communication with every seam at least two shafts or outlets separated by natural strata, of not less than ten feet in breadth, by which distinct means of ingress and egress are available either belonging to the same or to an adjoining Mine-except in any new working for the purpose of searching for or proving minerals, or for making a communication between two or more shafts where not more than twenty persons are employed (25 & 26 Vict. c. 79, s. 3), unless, on appeal to the Secretary of State, in manner prescribed, from any special cause, any exemption or extension of time for providing a second. shaft may have been granted (ss. 4, 5). Compliance with the Act may be enforced by injunction on the application of the Secretary of State, without prejudice to any other legal remedy (s. 6). No female person may be employed in any Mine whatsoever (5 & 6 Vict. c. 99, s. 1); nor any boy under

(a) For the Colliery, &c. Acts, and the law of Mines in general, see the special treatises on the subject.

ten years of age (s. 2); nor any boy under twelve years of age (23 & 24 Vict. c. 151, s. 1), unless a certificate be obtained that he is able to read and write, or that he has attended school for not less than three hours twice a week, exclusive of Sundays, during the preceding lunar month, such certificate to be renewed monthly, and produced when required by an Inspector of Mines (s. 2). Penalty for giving false certificate, not exceeding 107., nor less than 57. (s. 3). Apprentices not to be under ten, nor be bound for more than eight years (5 & 6 Vict. c. 99, s. 4). Masters are subject to a penalty not exceeding 107. nor less than 57. for every offence (s. 5), and parents, &c., misrepresenting age, are subject to a penalty not exceeding 40s. (s. 6). No person other than a male of eighteen years old and upwards, is to be allowed to have charge of any engine or machinery by which persons are passed up or down any shaft or inclined plane (23 & 24 Vict. c. 151, s. 4), under penalty not exceeding 507. nor less than 201, for every offence (5 & 6 Vict. c. 99, s. 8) (a), recoverable before Justices in petty sessions, with a final appeal to the Quarter Sessions (ss. 15 to 22). Wages not to be paid at any public house, under penalty (ss. 10 to 13). Inspectors of Mines may be appointed (5 & 6 Vict. c. 99, s. 3), also for coal and ironstone Mines (23 & 24 Vict. c. 151, ss. 8, 9). Every coal and ironstone Mine must be adequately ventilated (b); entrances to places not being worked, and suspected to contain dangerous gas, must be fenced off; safety lamps, when required, are to be examined and locked by authorised persons; every shaft or pit out of use or suspended must be fenced (c); and every shaft,

(a) See R. v. Mainwaring, 27 L. J. M. C. 278.

(b) Where the ventilation of a mine was stopped during the discontinuance of labour therein on Sunday, and an explosion occurred on the first examination of the mine on Monday: it was held, that the mine was being worked within the meaning of the statute, and that the ventilation was insufficient (Knowles v. Dickinson, 29 L. J. M. C. 135; 6 Jur. N. S. 678).

(c) Where the surface of land is occupied by one person, and the minerals by another, and the mineral owner sinks a mine shaft therein, it is his duty so to fence it as to secure from injury the surface owner (Williams v. Groncott, 2 New Reports, 419).