may sum appear and on neglect may commit XXXVIII. And be it further enacted, that it shall be lawful for the inspectors Inspectors and justices or any of them, or for any justice of the peace, upon any complaint, or upon any investigation under this Act without any complaint, to administer an oath to any mon witwitness, and to summon any witness forthwith to appear and give evidence be- nesses to fore him or them, or at a time and place appointed for hearing such complaint or give evimaking such investigation, or to order such witness to be brought before him by dence, and any constable or peace officer; and if such witness shall not appear according to such summons, proof upon oath having been given of the due service of such to prison; summons, or shall resist such constable or peace officer, or shall not submit to be examined as a witness, it shall be lawful for such inspectors and justices by warrant under their hand and seal to commit such person for such non-appearance, resistance, or non-submission to the county prison, or prison of the place where such offence was committed, there to remain without bail or mainprize for any time not exceeding two calendar months. on sufficient XXXIX. Provided nevertheless, and be it enacted, that except in the case of and afterresistance to any constable or peace officer, it shall be lawful for the inspector wards disor justice by whom such person shall have been committed to discharge such charge them person from prison, if such person shall show any cause to such inspector or excuse or justice which shall be deemed satisfactory as an excuse for such non-appearance, compliance. or if such person shall afterwards submit himself to be examined to the satisfaction of such inspector or justice, and the order of such inspector or justice for such discharge shall be a sufficient warrant to any gaoler or prison-keeper. XL. And be it further enacted, that every conviction under this Act before Convictions any inspector or justice may be made according to the form in the schedule to to be filed amongst this Act annexed; which conviction shall be certified to the next General Quarter records of Sessions, there to be filed amongst the records of the county, riding, or division, county. and shall have the force of an Act of Record, whether the same shall be by an inspector or by a justice of the peace for such county, riding, or division; and no conviction or other proceeding of any inspector or justice under this Act shall be deemed illegal for any mere informality. may com months in case pay XLI. And be it further enacted, that if any person who shall have been sen- Inspector tenced or adjudged to pay any penalty or forfeiture under this Act shall neglect or justice or refuse to pay the same, it shall be lawful for the inspector or magistrates mit to pribefore whom such person shall have been convicted to issue his warrant to dis- son for two train the goods and chattels of such person; and if no sufficient distress shall be found, it shall be lawful for the said inspector or magistrates, upon such fact ment of penbeing certified by the constable having the execution of such distress warrant, alty is reto commit such person to the house of correction or common gaol of the town, distress is county, or place where such offence was committed for any time not exceeding insufficient. two months; and the said warrant of distress, commitment, and certificate of the constable may be in the forms contained in the schedule to this Act annexed. fused or XLII. And be it further enacted, that no appeal against any conviction under As to apthis Act shall be allowed, except in the case of a conviction for the forgery of peal. any certificates, vouchers, or other documents required by this Act, or by any inspector under the authority of this Act; neither shall any conviction, except As to conin the case herein last excepted, be removable by certiorari or bill of advocation into any court whatever. victions. XLIII. And be it further enacted, that any justice or inspector by whom any Application complaint under this Act is determined shall, if he so thinks fit, give to the of penalties. complainant or prosecutor one-half of any penalty imposed for any offence against any of the provisions of this Act, together with all costs of prosecution and conviction, and the remainder of the penalty, or the whole if he shall think fit, shall be applied as such justice or inspector may direct for the benefit of any school wherein children employed in mills or factories are educated in such township or place where such offence shall be committed: Provided always, that only one Restriction penalty shall be recoverable for any one description of offence from any one as to penalperson for any one day; and that it shall not be deemed necessary for the complainant or prosecutor to name in any summons the particular township in which ties. Suminons. Inspector may order constable such offence shall have been committed, but it shall be lawful to set forth in such summons the name of the parish where such offence may have been committed: Provided always, that such summons shall be issued upon complaint being made upon oath. XLIV. And be it further enacted, that every inspector shall be and is hereby authorized to order any constable or peace officer to provide for such inspector a to provide a convenient place for holding any sitting; and the expense of providing such convenient place shall be defrayed in the manner and proportions and by the person or place for holding persons herein appointed for the payment of any special remuneration to any constable or peace officer. sittings. Inspectors to make annual reports. XLV. And be it further enacted, that every inspector shall keep full minutes of all his visits and proceedings, and shall report the same to one of his Majesty's principal secretaries of state twice in every year, and oftener if required, and shall also report the state and condition of the factories or mills and of the children employed therein, and whether such factories or mills are or are not conducted according to the directions of this Act and of the laws of the realm: Proceedings and whereas it is expedient that the proceedings, rules, orders, and regulations of inspectors of the several inspectors appointed under this Act should be as nearly alike as required to be uniform. is practicable under all circumstances, therefore such inspectors are hereby required, within three months next after they shall have commenced the execution of their several duties and powers under this Act, and twice at least in every year afterwards, to meet and confer together respecting their several proceedings, rules, orders, regulations, duties, and powers under this Act, and at such meeting to make their proceedings, rules, orders, and regulations as uniform as is expedient and practicable; and such inspectors are hereby required to make and keep full minutes of such meetings, and to report the same to such secretary of state when they make the report hereinbefore required. Burgh in Scotland XLVI. And be it further enacted, and it is hereby declared, that in all cases magistrates in which any justices or justice of the peace are or is required to act or do any to exercise thing in any manner under this Act, or are or is named therein, and whenever same powers the subject matter of any one of the enactments or provisions of this Act shall as justices arise within that part of the United Kingdom called Scotland, the burgh magisof peace in England. trates shall be held to have and shall have within the limits of their own jurisdiction the same powers, duties, and authorities, and which they are hereby required to exercise, as are by this Act conferred upon the said justices of the peace, and are required to be exercised by them. Act not to extend to persons on repairs. The Act 1 & 2 Will. Construc- Public Act. XLVII. Provided always, and be it enacted, that nothing in this Act contained shall apply to mechanics, artizans, or labourers under the prescribed ages working only in repairing the machinery or premises. XLVIII. And be it further enacted, that from and after the first day of January, one thousand eight hundred and thirty-four, the Act passed in the first and second years of the reign of his present Majesty, intituled "An Act to amend the laws relating to apprentices and other persons employed in cotton mills, and to make further provisions in lieu thereof," shall be repealed, and the same is hereby repealed, except as to any Act or Acts repealed by the same. XLIX. And be it further enacted, that any words in this Act denoting the masculine gender shall be construed to extend to persons of either sex, and any words denoting the singular number shall be construed to extend to any number of persons or things, if the subject matter or context shall admit of such an interpretation, unless such construction shall be in express opposition to any other enactment. L. And be it further enacted, that this Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and others. Note.-All the sections from 32 have been repealed by 7 Vict. c. 15, except ss. 33, 45, 46, 47, 48, 49, 50, which, however, are more or less modified by that Act. THE SCHEDULE TO WHICH THIS ACT REFERS. [town of Form of Conviction. County of day A. B. [describe the offender] was, upon the complaint of C. D. [or upon the view of C. D., one of his Majesty's inspectors of factories], convicted before E. F., one of his Majesty's inspectors of factories, or justices of the peace of and for, &c. [as the case may be], in pursuance of an Act passed in the fourth year of the reign of his majesty King William the Fourth, for [describe the offence]. Given under my hand and seal the day and year above mentioned. County of to wit. Warrant to distrain for Forfeiture. To the constable, &c. Whereas A. B. of in the said county, is this day convicted before me, C. D., one of his Majesty's inspectors of factories [or justices of the peace in and for the said county], upon the oath of a credible witness [or upon my own view, as the case may be], for that he the said A. B. hath [here set forth the offence, describing it particularly in the words of the statute or rule, as near as can be] contrary to the statute [or rule, if the offence is against some rule or regulation or order of an inspector] in that case made and provided, by reason whereof the said A. B. is adjudged to have forfeited the sum of £ to be distributed as hereinafter mentioned: these are therefore in his Majesty's name to command you to levy the said sum of £ by distress of the goods and chattels of him the said A. B.; and if within the space of four days next after such distress by you taken, the said sum of £ together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels by you so distrained, and out of the money arising by such sale that you do pay [according to the award of the justice], returning the overplus, on demand, to him the said A. B., the reasonable charges of taking, keeping, and selling the said distress being first deducted; and if sufficient distress cannot be found of the goods and chattels of the said A. B. whereon to levy the said sum of £ that then you certify the same to me, together with this warrant. Given under my hand and seal the day of Return of Constable upon Warrant of Distress where no Effects. in the county of C. D. do hereby I, A. B., constable of certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within-named and that I can find no sufficient goods whereon to levy the same. As witness my hand, the day of Sworn before me the day and year A. B. C. D. Commitment for Want of Distress. County of To the constable of in the county of and to the keeper of the common gaol [or house of correction] day of convicted before me, C. D., Esquire, one of his Majesty's justices of the peace in and for the said county [or inspector of factories, as the fact may be], upon the oath of a credible witness [or upon my own view, as the case may be], for that he [here set forth the offence], contrary to the statute made year of the reign of his Majesty King William IV. for [according to the title of the Act, or contrary to a certain rule or order or regulation of his Majesty's inspectors of factories], and the said A. B., by reason in the in the year aforesaid, I did to levy the said sum of issue my warrant to the constable of aforesaid, to day of C. D. IV. c. 103. ANNO QUARTO GULIELMI IV. REGIS. CAP. I. An Act to explain and amend an Act of the last Session of [February 20, 1834.] 3 & 4 Will. WHEREAS by an Act passed in the last session of Parliament, intituled "An Act to regulate the labour of children and young persons in the mills and factories of the United Kingdom," it was enacted among other things that certain provisions of the said Act should come into operation at the end of eighteen months, and certain other provisions also at the end of thirty months, after the passing of the said Act; and it is expedient that the periods mentioned in the said provisions respectively should be construed to be calendar months, not lunar months: 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, and by the authority of the same, that the said periods of eighteen months and thirty months mentioned in the said Act shall be construed and taken to mean periods of eighteen calendar months and thirty calendar months respectively. The word months in recited Act to be construed as calendar months. In silk mills, children under thirteen years of age al lowed to work ten hours every working day. II. And whereas it is provided by the said Act, that in mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours in any one day; and doubts have arisen whether, according to the true construction of the said Act, children in such mills can be allowed to work ten hours every working day in the week: Be it therefore further enacted, that in mills for the manufacture of silk, children under the age of thirteen years shall be allowed to work ten hours every working day in the week; and that this enactment shall be substituted in the place of the provision hereinbefore referred to, and be taken in all respects as part of the said Act. Act may be III. And be it enacted, that this Act may be amended, altered, or repealed altered this by any Act to be passed during the present session of Parliament. session. ANNO PRIMO VICTORIA REGINE. CAP. LXVII. An Act to amend an Act of the Fifth Year of His Majesty King WHEREAS an Act was passed in the fifth year of the reign of his Majesty King tended. diction in Act. II. And whereas it is enacted by the said Act, that various differences under Justices the same shall be subject as therein mentioned to the adjudication of any justice having of the peace or magistrate of any county, riding, division, stewartry, barony, where the jurisdiction city, burgh, town, or place within which the parties reside: And whereas many party comcases have arisen where no justice of the peace or magistrate could be found plained against who has jurisdiction where both of the parties differing as aforesaid reside; in resides, to consequence whereof it has been doubted whether the above beneficial enactment have juriscan in such cases take effect; and for the remedy thereof it is necessary that the matter the jurisdiction and powers which are by the said Act conferred on the justices of the said or magistrates of the district where both parties reside shall in future be exercised by the justices or magistrates of the district where the party complained against resides: Be it enacted, that in the place of the justices or magistrates of the district where both parties reside the justices or magistrates of the district where the parties complained against reside shall have the said jurisdiction and powers; and whatever acts and duties are by the said Act required to be done by the first-mentioned justices or magistrates, or any one of them, shall be done by the last-mentioned justices or magistrates, or by any one of them; and the said Act shall in all respects be construed as if the words "where the party complained against resides" had been originally inserted in the third section of the said Act instead of the words "within which the parties reside." III. And be it further enacted, that wherever the expression "justice of the Interpretapeace" occurs in the said Act it shall be construed to mean "magistrate." tion of "Justice." ANNO SEXTO ET SEPTIMO VICTORIÆ REGINÆ. CAP. XL. An Act to amend the Laws for the Prevention of Frauds and WHEREAS an Act was passed in the session of Parliament held in the eighth and |