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c. 73. s. 8,

prentices on

space of one hour at least every Sunday, be in- 42 Gro. 3, structed and examined in the principles of the Christian religion, by some proper person to be provided and paid by the master or mistress of tion of apsuch apprentice; and in England and Wales, in sundays. case the parents of such apprentice shall be members of the Church of England, then such apprentice shall be taken, once at least in every year during the term of his or her apprenticeship, to be examined by the rector, vicar, or curate of the parish in which such mill or factory shall be situate; and shall also after such apprentice shall have attained the age of fourteen years, and before attaining the age of eighteen years, be duly instructed and prepared for confirmation, and be brought or sent to the bishop of the diocese to be confirmed, in case any confirmation shall, during such period, take place in or for the said parish; and in Scotland where the parents of such apprentice shall be members of the established Repealed. Church, such apprentice shall be taken, once at injra. least in every year, during the term of his or her apprenticeship, to be examined by the minister of the parish; and shall after such apprentice shall have attained the age of fourteen years, and before attaining the age of eighteen years, be carried to the parish church to receive the sacrament of the Lord's Supper, as the same is administered in churches in Scotland; (k) and such master or mistress shall send all his or her apprentices under the care of some proper person, once in a month at least, to attend during divine service in the church of the parish or place in which the mill or factory shall be situated, or in some other convenient church or chapel where service

See n. (k),

(k) This part of the section is repealed; 35 & 36 Vict. c. 63. (The Statute Law Revision Act, 1872.).

c. 73.

42 GEO. 3, shall be performed according to the rites of the Church of England, or according to the established religion in Scotland, as the case may be, or in some licensed place of Divine Worship; and in case the apprentices of any such master or mistress cannot conveniently attend such church or chapel every Sunday, the master or mistress, either by themselves or some proper person, shall cause Divine Service to be performed in some convenient room or place in or adjoining to the mill or factory, once at least every Sunday that such apprentices shall not be able to attend Divine service at such church or chapel; and such master or mistress is hereby strictly enjoined and required to take due care that all his or her apprentices regularly attend Divine Service, according to the directions of this Act.

Justices at their mid

summer ses

or factories,

IX. And be it further enacted (7), that the justices of the peace for every county, stewartry, sions yearly riding, division, or place, in which any such mill shall appoint! two visitors or factory shall be situated, shall, at the Midof such mills summer Sessions of the Peace, to be holden immediately after the passing of this Act for such county, stewartry, riding, division, or place, and afterwards yearly at their annual Midsummer Sessions of the Peace, appoint two persons, not interested in, or in any way connected with, any such mills or factories, to be visitors of such mills or factories in such county, stewartry, riding, division, or place; one of whom shall be a justice of peace for such county, stewartry, riding,

who shall report the condition thereof to the quarter sessions, etc.

(1) The provisions of this section are now obsolete. (Leeming & Cross' Quarter Sessions Practice, p. 66.) The more efficient machinery of inspectors and sub-inspectors originated under the subsequent Acts is not applicable for the enforcement of this Act. See post, 3 & 4 Will. 4, c. 103, s. 17, n. (h).

c. 73.

division, or place, and the other shall be a clergy- 42 GEO. 3, man of the established church of England or Scotland, as the case may be; and in case it shall be found inconvenient to appoint one such justice and one such clergyman as aforesaid, it shall be lawful to and for such justices, and they are hereby required to appoint two such justices or two such clergymen; and the said visitors, or either of them, shall have full power and authority from time to time throughout the year, to enter into and inspect any such mill or factory, at any time of the day, or during the hours of employment, as they shall think fit; and such visitors shall report from time to time in writing, to the Quarter Sessions of the Peace, the state and condition of such mills and factories, and of the apprentices therein, and whether the same are or are not conducted and regulated according to the directions of this Act and the laws of the realm; and such report shall be entered by the clerk of the peace among the records of the session in a book kept for that purpose: Provided always, that in case there shall be six or more such mills or factories within any one such county, riding, division, or place, then it shall be lawful for such justices to divide such county, riding, division, or place, into two or more districts or parts, and to appoint two such visitors as aforesaid for each of such districts or parts.

infectious

the visitors

may require

X. And be it further enacted, that in case In case of the said visitors or either of them shall find that disorders any infectious disorder appears to prevail in any prevailing, mill or factory as aforesaid, it shall be lawful for them or either of them to require the master the master or mistress of any such mill or factory to call in medical forthwith some physician, or other competent assistance, medical person, for the purpose of ascertaining

to call in

etc.

c. 73.

42 GEO. 3, the nature and probable effects of such disorder, and for applying such remedies and recommending such regulations as the said physician, or other competent medical person, shall think most proper for preventing the spreading of the infection and for restoring the health of the sick; and that such physician, or other competent medical person, shall report to such visitors, or either of them, as often as they shall be required so to do, their opinion in writing of the nature, progress, and present state of the disorder, together with its probable effects; and that any expenses incurred in consequence of the provisions aforesaid for medical assistance shall be discharged by the master or mistress of such mill or factory (m).

Penalty for obstructing visitors.

Copies of

affixed in

XI. And be it further enacted, that if any person or persons shall oppose or molest any of the said visitors in the execution of the powers intrusted to them by this Act, every such person or persons shall for every such offence forfeit and pay any sum not exceeding ten pounds nor less than five pounds (n).

XII. And be it further enacted, that the this Act to be master or mistress of every such mill or factory shall cause printed or written copies of this Act to be hung up and affixed in two or more conspicuous places in such mill or factory, and shall cause the same to be constantly kept and renewed, so that they may at all times be legible

two conspicuous places of such mills or factories.

(m) As to the sanitary provisions now in force, see 27 & 28 Vict. c. 48, s. 4, and the notes there, post.

(n) There are similar provisions in the Factory Acts for the purpose of protecting inspectors and sub-inspectors in the execution of their duties. Post, 7 & 8 Vict. c. 15, ss. 61, 62.

As to the mode in which the penalties are now recoverable, see n. (s), infra.

and accessible to all persons employed there- 42 GEO. 3, in (0).

c. 73.

offending

Act.

XIII. And be it further enacted, that every Fenalty on master or mistress of any such mill or factory masters who shall wilfully act contrary to or offend against against this any of the provisions of this Act shall for such offence (except where otherwise directed), forfeit and pay any sum not exceeding five pounds nor less than forty shillings, at the discretion of the justices before whom such offender shall be convicted as after mentioned (p), one half whereof shall be paid to the informer, and the other half to the overseers of the poor in England and Ireland, and to the minister and elders in Scotland, of the parish or place where such offence shall be committed, to be by them applied in aid of the poor rate, in England and Ireland, and for the benefit of the poor in Scotland, of such parish or place: Provided always, that all informations for offences against this Act, shall be laid within one calendar month after the offence committed, and not afterwards (2).

Mills or fac

tories employing a

certam num

ber of per

Fons to be

XIV. And be it further enacted, that every such master or mistress shall, at the Epiphany Sessions in every year, make, or cause to be made, an entry in a book to be kept for that purpose by the clerk of the peace of the county, riding, or entered in a division in which any mill or factory shall be by the clerk situate, of every such mill or factory occupied by who shail him or her wherein three or more apprentices or receive 25.

book kept

of the peace,

(0) See the similar provision of "The Factory Act, 1844," s. 28, post.

(p) As to the mode of recovering penalties under this Act, see n. (s), infra.

(2) The time limited for making complaints under the subsequent Acts is two calendar months, see 7 & 8 Vict. c. 15, s. 44, post.

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