Attendance

at school.

Sickness.

two miles distant.

CERTIFICATES OF FITNESS.

*

207

nised efficient school. The child, when employed in a morning or afternoon set shall in every week, during any part of which he is so employed, be caused to attend on each work-day for at least one attendance; and when employed on the alternate day system, shall on each work-day preceding each day of employment in the factory or workshop be caused to attend for at least two attendances. An attendance shall be between 8 A.M. and 6 P.M. Provided that a child shall not be required to attend school on Saturday, or on any Saturdays. holiday or half holiday, and that the non-attendance of the child shall be excused on every day on which he is certified by the teacher of the school to have been prevented from attending by sickness or other unavoidable cause, &c. Where there is not within a distance of two miles a If school is recognised efficient school, the child may attend another school, temporarily approved by the inspector. A child who has not in any week attended school for all the required attendances shall not be employed in the following week until he has attended school for the deficient number of attendances. The Education Department shall publish lists of recognised efficient schools (Sec. 23). The occupier of Certificate of a factory or workshop in which a child is employed attendance. shall periodically obtain from the teacher of the school attended by the child a prescribed certificate respecting the attendance of such child. The occupier shall keep every such certificate for two months, and shall produce the same to an Payment of inspector when required (Sec. 24). The school managers may apply in writing to the occupier of the factory, &c., to pay weekly a sum not exceeding 3d. nor onetwelfth of the wages of the child, which the occupier shall be liable to pay so long as he employs the child, and while the child attends the school, and he may deduct the sum from the wages of the Certificate of child (Sec. 25). When a child of the age of thirteen efficiency. years has obtained a certificate of proficiency in reading, writing, and arithmetic, or standard of attendance, that child shall be deemed to be a young person for the purpose of the Act (Sec. 26).

school fees.

In a factory a child or a young person under the age of sixteen shall not be employed for more than a specified number of days,

For definitions of the terms "Certified efficient school" and "Recognised efficient school," see Secs. 95, 105.

fitness.

Certificate of unless the occupier of the factory has obtained a prescribed certificate of the fitness of such child, &c., for employment. A certificate of fitness shall be granted by the certifying surgeon, and shall be to the effect that he is satisfied that the person named in the certificate is of the age specified, and is not incapacitated for working daily for the time allowed by law in the factory (Sec. 27). An occupier of a workshop is authorised to obtain, if he thinks fit, from certifying surgeons certificates of the fitness of children and of young persons under sixteen years of age in like manner as if the workshop were a factory (Sec. 28). Where an inspector is of opinion that a child or a young person under sixteen years of age is incapacitated for working daily for the time allowed by law in a factory or workshop, he may serve written notice on the occupier, requiring that the employment of such child, &c., be discontinued, and the occupier shall then cease to employ such child, &c., unless the Certificates certifying surgeon has, after the service of the notice,

of fitness may be annulled.

certified that such child, &c., is not so incapacitated (Sec. 29). In certain events, an inspector may by notice annul the surgeon's certificate, and thereupon the certificate shall be of no avail for the purposes of the Act. When a child becomes a young person a fresh certificate of fitness must be obtained. The occupier shall, when required, produce to an inspector at the factory or workshop in which a child or young person is employed the certificate of fitness of such child, &c. (Sec. 30).

Production

of certifi

cates.

Where it appears to a Secretary of State that it is expedient he may extend to workshops the prohibition of the employment of

Prohibition to employment without certificate.

children, &c., under sixteen years of age without a certificate of fitness, and thereupon the provisions with respect to certificates of fitness shall apply to such workshops as if they were factories. If the prohibition is proved to the satisfaction of the Secretary of State to be no longer necessary in any workshops to which it has been extended, he may rescind the order of extension (Sec. 41). Where there is no certifying surgeon resident within three miles of a factory or workshop, the poor-law medical officer shall be the Certifying certifying surgeon for such factory, &c. (Sec. 71). A surgeon who is the occupier of a factory or workshop, or is interested therein, shall not be a certifying surgeon for that factory, &c. (Sec. 72). A certificate of fitness shall not be granted except upon personal examination of the person named therein.

surgeon.

Fees for examination.

CERTIFICATES OF FITNESS.

209

A certifying surgeon shall not examine a child or young person for the purpose of a certificate of fitness, or sign any such certificate, elsewhere than at the factory or workshop where such child, &c., is, or is about to be, employed, unless the number of children, &c., employed is less than five, or unless allowed by an inspector. If a certifying surgeon refuses to grant for any person examined a certificate, he shall when required give his reasons in writing (Sec. 73). The occupier may agree with the certifying surgeon as to the amount of fees to be paid in respect of examinations and grant of certificates. In the absence of any agreement the fees shall be: 2s. 6d. for each visit, and 6d. for each person after the first five examined at that visit, when the examination is at a factory or workshop not exceeding one mile from the surgeon's residence. When the factory, &c., is more than one mile from the surgeon's residence, the above fees and an additional 6d. for each complete half-mile over and above the mile. When the examination is at the residence of the surgeon, or at a place appointed by the surgeon, 6d. for each person examined. The fees shall be paid upon completion of examination, or upon the signing of the certificates, or as directed by inspector. The occupier may deduct the fee, or any part of it, but not exceeding 3d., from the wages of the person for whom the certificate was granted. A Secretary of State may alter the fees (Sec. 74).

Report of certifying

[Every certifying surgeon shall in each year make at the prescribed time a report to the Secretary of State as to the persons inspected during the year, and the result of the inspection (Sec. 19, 1891).

surgeon.

Certificate of birth in case of children and young persons under 16.

[When the age of any child or young person under the age of sixteen years is required to be ascertained or proved for the purposes of this Act, or for any purpose connected with the elementary education or employment in labour of such child, &c., any person shall, on presenting a written requisition containing the particulars which may be from time to time prescribed by the Local Government Board, and on payment of a fee of 6d., be entitled to obtain a certified copy under the hand of a registrar or superintendent registrar of the entry in the register, of the birth of that child or young person. The form of requisition shall on request be supplied without charge by every superintendent registrar and registrar of births, deaths, and marriages (Sec. 20, 1891; Sec. 35, 1891; Sec. 104, 1878).]

P

ment of

certain cases.

VI. WITH REGARD TO THE IMPOSITION OF FINES.

The Act provides: If a factory or workshop is not kept in conformity with the Act the occupier shall be liable to a fine not exceeding 10. But the Court in addition to, or instead of inflicting, such fine, may order means to be adopted for the purpose of bringing the factory or workshop into conformity with Employ- the Act (Sec. 81). Where a child, young person, or woman is employed in a factory or workshop, conchildren. trary to the provisions of this Act, the occupier of the factory, &c., shall be liable to a fine not exceeding £3, or, if the offence was committed during the night, £5, for each child, &c., so employed; and where a child, &c., is so employed in a factory, &c., within the meaning of Sec. 16, the occupier shall be liable to a fine not exceeding £1, or if the offence was committed during the night, £2, for each child, &c., so employed (Sec. 83). [The fine imposed in case of a second or subsequent conMinimum viction for the same offence within two years of the penalties in last conviction for that offence, shall be not less than £1 for each offence (Sec. 28, 1891).] A child, &c., who is not allowed times for meals and absence from work, as required by the Act, or during any part of the times allowed for meals, &c., is employed in the factory or workshop, &c., shall be deemed to be employed contrary to the provisions of the Act (Sec. 83). If a child or young person is employed in a factory or workshop contrary to the provisions of the Act, the Liability of parent shall be liable to a fine not exceeding £I parent. for each offence, unless it appears to the Court that such offence was committed without the consent, &c., of the parent; and if the parent neglects to cause such child to attend school in accordance with the Act, he shall be liable to a fine not exceeding 1 for each offence (Sec. 84). Sec. 85 deals with the fines and penalties to which every person shall be liable who commits a forgery of any certificate for the purposes certificates, of this Act, who personates any person named in a certificate, or who wilfully connives at any such offences, and who wilfully makes a false entry in any register, &c., or who wilfully makes a false declaration. Where an offence for which the occupier of a factory or workshop is liable to a fine has in fact been committed by some agent, &c., such agent, &c., shall be liable to the same fine as if he were the occupier (Sec. 86). Where the

Forgery of

&c.

Offence committed by occupier's agent.

offence of

other person.

FINES AND PENALTIES.

21 I

occupier of a factory or workshop is charged with an offence against this Act, he shall be entitled to have any Where occupier is other person whom he charges as the actual offender charged with brought before the Court at the time appointed for hearing the charge; and if the occupier of the factory or workshop proves to the satisfaction of the Court that he had used due diligence to enforce the Act, and that the other person had committed the offence without his knowledge, &c., the other person shall be summarily convicted of such offence and the occupier shall be exempt from any fine. When it is made to appear, to the satisfaction of an inspector at the time of discovering the offence, that the occupier of the factory or workshop had used all due diligence to enforce the Act, then the inspector shall proceed against the person whom he believes to be the actual offender, without first proceeding against the occupier (Sec. 87). A person shall not be liable in respect of a repetition of the same kind of offence from day to day to any larger Cumulative amount of fines than the highest fine fixed by the Act for the offence, except where the repetition of the offence occurs after an information has been laid for the previous offence, or where the offence is one of employing two or more children, &c., contrary to the provisions of the Act (Sec. 88). The occupier of a factory or workshop shall be liable to a fine of £5 if the holidays required by Sec. 22 are not fixed pursuant thereto (Sec. 22). The provisions with regard to legal proceedings under the Act are contained in Secs. 89-92.

fines.

[If the owner of a factory constructed before January 1st, 1892, Fines for after having been served with a notice by the saninon-compli- tary authority specifying the measures necessary to ance with provide the factory with means of escape from fire, as to provi- fails to comply with the requirements before a specision against fied date, he is liable to a fine not exceeding £1 for every day that such non-compliance continues

regulations

fire.

(Sec. 7, 1891)..

Penalty for contravention of

[If any person who is bound to observe the special rules established for any factory or workshop acts in contravention of or fails to comply with such rules, he is liable on a summary conviction to a fine not exceeding £2, and the occupier of the factory or workshop is also liable to a fine of not exceeding £10, unless he proves he has taken all reasonable means to prevent the contravention or non-compliance (Sec. 9, 1891).

special rules and require

ments.