c. 103. geon or physician (w) of the place or neighbour- 3 & 4 WILL. 4, hood of its residence, and shall submit itself to his examination; and unless the surgeon or physician before whom the child has so appeared shall certify his having had a personal examination or inspection of such child, and also that such child is of the ordinary strength and appearance of children of or exceeding the age of nine (x) years, and unless also such certificate shall within three months of its date be countersigned by some inspector (y) or justice, or in that part of the United Kingdom called Scotland by some inspector or justice or burgh magistrate, such child shall not be employed in any factory or mill. certificate of surgeon or physician. XIII. And be it further enacted, that the certi- Form of ficates hereinbefore required in the case of children under the age of eleven, twelve, or thirteen years respectively shall be in the form following (z): "I [Name and place of residence] surgeon [or Repealed, physician] do hereby certify, that A.B. the son . (2). n. (w) Provision is now made by "The Factory Act, 1844,” s. 8, for the appointment by the inspectors of certifying surgeons, for the purpose of examining applicants, and giving the certificates of age. Post. But the certificate may still, under this section, be given by a surgeon or physician, not being an appointed certifying surgeon, subject to the provisions and directions of s. 10 and sched. (A) of that Act. Post. Notice of the name and address of the surgeon who grants certificates of age for the factory is required to be hung up in the entrance of the factory. 7 & 8 Vict. c. 15, s. 28, post. See further as to these certificates, ss. 13, et seq. of the same statute. Post. (x) "Nine" is now to be read "eight" years. Ante, p. 18, n. (o). (y) The inspector is not now authorised to countersign. 7 & 8 Vict. c. 15, s. 10; post. (z) This section is repealed by 7 & 8 Vict. c. 15, s. 9, which provides a new form of surgical certificate; post. c. 103. 66 3 & 4 WILL.4, "[or daughter] of [name and residence of parents, or if no parents, then the residence of the child] "has appeared before me, and submitted to my examination; and that the said [name] is of "the ordinary strength and appearance [according to the fact] of a child of at least nine years "of age [or if apparently above nine, say exceeding.]" Children between 11 and 18 not to be employed in factories more than nine hours & day, or at night, with out a certifcate of age. XIV. And be it further enacted (a), that from and after the commencement of the several periods hereinbefore appointed for restricting the employment of children under the ages of eleven, twelve, and thirteen years respectively, it shall not be lawful to employ, keep, or allow to remain in any factory or mill any person between the said ages respectively and the age of eighteen (b) for more than nine hours in any day, nor between the hours of nine o'clock in the evening and five o'clock in the morning (c), without first requiring and (a) This section prohibits the employment of young persons between thirteen and eighteen (now to be read "sixteen"; see the next note) years of age, for a longer period than nine hours in the day, or at any time during the period between the hours of nine o'clock in the evening and five o'clock in the morning (now to be read "six o'clock in the evening and six o'clock in the morning"; see n. (c) infra) without the prescribed certificate of age. For the form of this certificate, see 7 & 8 Vict. c. 15, sched. (A.); post. As to the power of the Secretary of State to dispense with this requirement in the cases of blast furnaces and iron mills, see ante, p. 20, n. (t). (b) "Eighteen " is now to be read "sixteen" years of age. 7 & 8 Vict. c. 15, s. 9; post. (c) These words "nine o'clock in the evening and five o'clock in the morning," must now be read "six o'clock in the evening and six o'clock in the morning;" which period comprises the prohibited hours under the law now in force. 13 & 14 Vict. c. 54, ss. 1, 5; ante, p. 13, n. (b). c. 103. receiving from such person a certificate in proof 3 & 4 WILL. 4, that such person is above the age of eleven, twelve, and thirteen respectively, which certificate, if a new certificate shall be required, shall be in such form as may be ordered by any inspector. against tificates not if it shall appear that employed required. XV. Provided nevertheless, and be it enacted, Penalties that the penalties and punishments hereinafter persons not provided against any person not requiring or not having cerreceiving such certificate shall not be levied, if upon to be levied the complaint or proceeding for the enforcement of such penalties it shall appear to the satisfaction the person of the inspector or justice, or in that part of the was above United Kingdom called Scotland, to the satisfac- the age tion of the inspector or justice or burgh magistrate by or before whom such proceeding shall be had, that the person so employed more than nine Repealed, hours in the day, or between the hours of nine o'clock in the evening and half-past five o'clock in the morning, without such certificate, was at the time of the alleged offence above the age of eleven, twelve, or thirteen respectively (d). n. (d). trates refuse sign certifi cate. XVI. And be it further enacted, that in case Provision in any inspector (e) or justice or burgh magistrate shall case magisrefuse to countersign any such certificate, he shall to counterstate in writing his reasons for such refusal, and the parents of such child may thereupon take the certificate to the justices of the peace at petty sessions for the place or district of the child's residence, who are hereby empowered and required to decide upon the validity of such refusal; and every such act of any such petty sessions shall (d) This section is repealed by 7 & 8 Vict. c. 15, s. 40; post. Consequently, it will be no defence in proceedings for the employment of the person without the certificate that the person so employed was above the age of thirteen years. (e) An inspector is not now authorised to countersign these certificates. Ante, p. 21, n. (y). 3 & 4 WILL.4, be free of all charge, cost, or expense whatso c. 103. 42 Geo. 3, c. 73. ever. XVII. And whereas by an Act, intituled An Act for the Preservation of the Health and Morals of Apprentices and others employed in Cotton and other Mills and Cotton and other Factories, passed in the forty-second year of the reign of his late Majesty George the Third (ƒ), it was amongst other things provided, that the justices of the peace for every county or place in which such mill was situated should appoint yearly two persons not interested in or in any way connected with such mills or factories in such county to be visitors of such mills or factories, which visitors so appointed were empowered and required by the aforesaid Act to enter such factories at any time they might think fit, and examine and report in writing whether the same were conducted according to the laws of the realm, and also to direct the adoption of such sanitary regulations as they might, on advice, think proper: and whereas it appears that the provisions of the said Act with relation to the appointment of inspectors were not duly carried into execution, and that the laws for the regulation of the labour of children in factories have been evaded, partly in consequence of the want of the appointment of proper visitors or officers whose special duty it was to Inspectors to enforce their execution: be it therefore enacted, be appointed. that upon the passing of this Act it shall be lawful for his Majesty by warrant under his sign manual to appoint during his Majesty's pleasure four persons to be inspectors of factories (g) and (f) This Act is 42 Geo. 3, c. 73, and the part thereof here recited is section 9. Ante, pp. 6, 7; which section although it has not been repealed is practically obsolete. Leeming & Cross' Quarter Sessions, p. 66. And see INTRODUCTION. (g) The present inspectors appointed under the Act are Alexander c. 103. s. 17. places where the labour of children and young 3 & 4 WILL. 4, persons under eighteen years of age is employed, and in the case of the death or dismissal of any of them to appoint another in the place of such deceased inspector, which said several inspectors shall carry into effect the powers, authorities, and provisions of the present Act (h); and such inspectors or any of them are hereby empowered to enter any factory or mill, and any school attached or belonging thereto, at all times and seasons, by day or by night, when such mills or factories are at work, and having so entered to examine therein the children and any other person or persons employed therein, and to make inquiry respecting their condition, employment, and education; and such inspectors or any of them are hereby em Redgrave and Robert Baker, Esquires: to each of whom are attached two "assistant inspectors." There are also about thirty-nine "subinspectors," and six "junior sub-inspectors." The inspectors' address is, "Factory Inspectors' Office, 10, Whitehall, London, S.W." And, see 7 & 8 Vict., c. 15, ss. 5, 6, post. A notice must be hung up in the entrance of the factory of the names and addresses of the inspector and sub-inspector of the district. Id., s. 28; post. The duty of enforcing the provisions of "The Workshop Acts, 1867 to 1871," has now been added to the duties of the inspectors and sub-inspectors of factories. 34 & 35 Vict., c. 104 ("The Factory and Workshop Act, 1871,"), s. 3, post. These officers are required to be furnished with such certificates of their appointment as the Secretary of State may direct; and, on applying for admission to any factory or workshop, must, if required, produce the same to the occupier. 30 & 31 Vict., c. 103, s. 11; 30 & 31 Vict., c. 146, s. 20; post. See, further, as to their duties and powers, ss. 18, 45, infra; 7 & 8 Vict., c. 15, ss. 2, et seq., and the notes there; post. (h) It will be observed from this, that the enforcement of 42 Geo. 3, c. 73, was not included amongst these powers and duties. C |