c. 15.

7 & 8 VICT, and the certifying surgeon, for the purpose of such investigations only, shall have the same power, authority, and protection as an inspector (f); and shall also have power to enter any room in any building to which the injured person may have been removed; and for such investigation the said surgeon shall receive a fee not exceeding ten shillings, or such part thereof, not being less than three shillings, as the inspector of the district may consider a reasonable remuneration to the surgeon for his trouble, which fee shall be paid as other expenses incurred under this Act.

Prosecution for compensation by an inspector.

XXIV. And be it enacted, that one of Her Majesty's Principal Secretaries of State, on the report and recommendation of an inspector, may empower such inspector to direct one or more actions to be brought in the name and on behalf of any person who shall be reported by such inspector to have received any bodily injury from the machinery (g) of any factory, for the recovery of damages for and on behalf of such person (h).

half-year ending on the 31st October, 1872 175 persons (i.e., 159 males and 16 females), are reported as killed; the total number of accidents so reported for the same half-year being 3823 (2880 of the persons injured being males, and 943 of them being females). See the Inspectors' Report for the half-year ending 31st October, 1872, p. 4.

(f) As to the power, authority, and protection of an inspector, see ante, p. 49. The penalty, therefore, for wilfully obstructing the surgeon in this investigation will be the same as that attached to the offence of wilfully obstructing an inspector in the execution of his powers. See s. 61, infra.

(g) This applies to and includes mill gearing; 19 & 20 Vict. c. 38, s. 5, post.

(7) This provision does not a Tect the injured party's right to bring an action at common law. Caswell v. Worth, 5 E. & B.

of compen

XXV. And be it enacted, that any damages 7 & 8 VICT. which shall be recovered in any action so di- c. 15. rected to be brought (i) shall be paid, as soon Application after they are received as conveniently may be, sation when to the person in whose behalf they have been recovered. recovered, or shall be otherwise settled for the use and benefit of the said person in such manner as shall be approved of by the Secretary of State; and in case a verdict shall be found for the defendant, or judgment shall be recovered against the plaintiff, or the plaintiff shall be nonsuited, the defendant shall have the like remedies for his costs against the inspector as he might have had against the plaintiff; and all charges and expenses incurred in bringing any such action, beyond what are recovered from the defendant, and not otherwise provided for, shall be paid as other expenses incurred under this Act are to be paid.

XXVI. And be it enacted (k), that the hours For ensuring

849; 25 L. J. Q. B 121; 2 Jur. N. S. 116. It will be seen that it applies to accidents from any machinery, whether required by law to be fenced or not. As to the costs of the actions brought, under this section, and as to the application of the compensation when recovered, see the next section.

(i) See the preceding section.

(k) This section, so far as it "restricts or limits the hours of the employment or labour of young persons, and of females above the age of eighteen years," is repealed by 13 & 14 Vict. c. 54 (The Factory Act, 1850), s. 1; which section, after the repealing clause, proceeds to enact "that no young person, and no female above the age of eighteen years, shall be employed in any factory before six of the clock in the morning or after six of the clock in the evening of any day" (save to recover lost time, as thereinafter provided); post. And the above section, so far as it restricts or limits the hours of the employment or labour of children, is virtually repealed by 16 & 17 Vict. c. 104 (The Factory Act, 1853), s. 1, post;

c. 15.

the observance of

7 & 8 VICг. of the work of children and young persons in every factory shall be reckoned from the time when regularity in any child or young person shall first begin to work in the morning in such factory (1), and shall be regulated by a public clock, or by some other clock open to the public view, to be approved of in either case in writing under the hand of the inspector or sub-inspector of the district (m).

time.

Registers to be kept in every fac

tory.

XXVII. And be it enacted, that registers shall be kept (n) in the factory to which they relate, by the occupier of every factory, according to the forms and directions given in Schedule (B.) to this Act annexed (o): and every inspector shall

which makes provision for putting children on the same footing as young persons and women with regard to the hours of the day between which they can be legally employed. See post.

(1) In Ryder v. Mills (3 Exch. 853; 19 L. J. M. C. 82), it was decided that it was no offence under this section, or under any of the Factory Acts, to employ a young person in a factory for 10 hours and no more in a day, such 10 hours ending at a period more than 10 hours from the time when another child or young person first began to work in the morning of such day in such factory, provided that such 10 hours were counted consecutively from that time, omitting only the hours for meals. But now, see the preceding note.

(m) The public clock by which the hours of work are regulated is one of the things required to be entered in the register; sch. (B.), post; and of which a notice is required to be fixed up in the entrance of the factory; s. 28, infra.

(n) The offence of wilfully making or conniving at the making any false entry in any register required under the Factory Acts is punishable by penalty or imprisonment; s. 63, infra.

(0) Post. This schedule contains forms for these registers, and directions as to the matters required to be registered.

See further as to the matters required to be registered, s. 9, supra; 30 & 31 Vict. c. 103, sch., par. 15, post; 33 & 34 Vict. c. 62, 1st sch., par. 8, post; and see 24 & 25 Vict. c. 117, s. 2 (as to lace factories).

c. 15.

have power to require such occupier to send to 7 & 8 VICT. him, in such manner as may be directed in the requisition, any extracts from such. registers, and any other information with relation to the persons employed in the factory, which may be requisite to facilitate the performance of the duties of such inspector in any inquiry made under the authority of the Factory Act or of this Act; but no information so sent by the occupier of any factory which is not contained in the registers, certificates, and other documents required by this Act to be received or kept shall be admissible in evidence in any proceeding against him for the recovery of any penalty; and the registers, certificates, and other documents required by this Act to be received or kept shall be forthwith produced to the inspector or subinspector, on his demanding to examine the same, at any time when the factory is at work (p).

of this Act.

be hung up

XXVIII. And be it enacted, that it shall not An abstract be necessary to hang up in any mill or factory and certain any copy of any abstract of the Factory Act, or notices, to of any regulations made in pursuance of the said in every Act, other than is hereinafter provided (q); and factory. that such abstract of the Factory Act as amended by this Act as shall be directed by one of Her Majesty's Principal Secretaries of State (?) shall

(p) To prevent an inspector or sub-inspector from examining any register, certificate, notice, or other document kept in pursuance of the Factory Acts, is a wilful obstruction, and punishable accordingly; s. 3, supra, ss. 61, 62, infra.

(2) This, therefore, repeals s. 27 of the Factory Act, 1833.

(r) Pursuant to this provision, abstracts of the Factory Acts have been approved by the Secretary of State (see Appendix, post). They can be procured from the Factory Inspectors' Office; and also from John Smith and Co., 52, Long Acre, W.C. So also can be procured forms of the notices required under this section.

c. 15.

s. 28.

7 & 8 VICT. be fixed on a moveable board, and be hung up, as soon as received by the occupier of the factory, or his agent, in the entrance of the factory, and in such other places as the inspector or sub-inspector of the district may direct; and notices (s) of the names and addresses of the inspector and sub-inspector of the district in which the factory is situated, of the name and address of the surgeon who grants certificates of age for the factory, of the clock by which the hours of work in the factory are regulated (t), of the times of beginning and ending daily work of all persons (u) employed in the factory, and any alteration thereof, of the times of the day and amount of time allowed for their several meals (x), of all time lost which is intended to be recovered, and of all time which shall be recovered (y), together with every other notice (2) required by this Act,

(s) See the preceding note.

(t) See s. 26, supra.

(u) As to young persons and women, this provision requiring notice of their hours of work to be hung up is repealed by the Factory Act, 1850; 13 & 14 Vict. c. 54, s. 2; post.

(x) As to the regulations respecting the times for meals, see 3 & 4 Will. 4, c. 103, s. 6, ante; s. 36, infra; 13 & 14 Vict. c. 54, s. 8; post.

(y) For the provisions relating to the recovery of lost time, see ss. 33, 34, infra, and the notes there.

(2) See, further, as to notices required to be hung up in like manner, under the Factory Acts, infra, ss. 31, 33, 34, 37; 13 & 14 Vict. c. 54, s. 6, post; 16 & 17 Vict. c. 104, s. 2, post; 30 & 31 Vict. c. 103, sch., par. 12, post; 33 & 34 Vict. c. 62, 1st sch., par. 7, post.

In like manner, copies of the special rules made under s. 5 of the Factory Acts Extension Act, 1864 (27 & 28 Vict. c. 48), and s. 15 of the Factory Acts Extension Act, 1867 (30 & 31 Vict. c. 103), are required to be fixed up; post.