10 (3.) Miscellaneous. A.D. 1878. c. 15. ss. 7,64. 70. Every person shall, within one month after he begins to Notice of occupy a factory, serve on an inspector a written notice contain- factory to be given to ing the name of the factory, the place where it is situate, the inspector. 5 address to which he desires his letters to be addressed, the nature 7 & 8 Vict. of the work, the nature and amount of the moving power therein, and the name of the firm under which the business of the factory is to be carried on, and in default shall be liable to a fine not exceeding five pounds. 71. Where an inspector, by notice in writing, names a public Regulation of hours by clock, or some other clock open to public view, for the purpose of public clock. regulating the period of employment in a factory or workshop, the 7 & 8 Vict. period of employment and times allowed for meals for children c. 15. s. 26. young persons and women in that factory or workshop, shall be 15 regulated by that clock, which shall be specified in the notice affixed in the factory or workshop. 72. The occupier of every factory and workshop to which this Registers to section applies shall keep in the prescribed form and with the be kept in a factory prescribed particulars registers of the children and young persons or workshop. 20 employed in that factory or workshop, and of their employment, 7 & 8 Vict. and of other matters under this Act. c. 15. ss. 9,27, 64. c. 117. s. 2., The occupier of a factory or workshop shall send to an inspector 24 & 25 Vict. such extracts from any register kept in pursuance of this Act as the inspector from time to time requires for the execution of his 25 duties under this Act. 30 This section applies to every factory and workshop in which a child or young person under the age of sixteen years is, for the time being, prohibited under this Act from being employed without a certificate of fitness for employment. Where by reason of the number of children and young persons employed in a factory or workshop to which this section does not for the time being apply, or otherwise, it seems expedient to a Secretary of State so to do, he may order the occupier of that factory or workshop to keep a register under this section, with power 35 to rescind such order, and while such order is in force this section shall apply to that factory or workshop. 40 In the event of a contravention of this section in a factory or workshop, the occupier of the factory or workshop shall be liable to a fine not exceeding forty shillings. 30 & 31 Vict. c.103.sch.15., 33 & 34 Vict. c. 62. sch. 8. 73. There shall be affixed at the entrance of a factory and a Affixing in workshop, and in such other parts thereof as an inspector for factory or A.D. 1878. the time being directs, and be constantly kept so affixed in the workshop of prescribed form and in such position as to be easily read by the abstract of Act and notices. See 7 & 8 Vict. c. 15. ss. 28, 64. 37 & 38 Vict. c. 44. s. 9. Printing or writing and service of notices and documents, &c. See 7 & 8 Vict. c. 15. 8. 51. Inspection of weights and measures used in factories and workshops. persons employed in the factory or workshop, (1.) The prescribed abstract of this Act; and (2.) A notice of the name and address of the prescribed inspector; 5 and (3.) A notice of the name and address of the certifying surgeon for the district; and (4.) A notice of the clock (if any) by which the period of employment and times for meals in the factory or workshop 10 are regulated; and (5.) Every notice and document required by this Act to be affixed in the factory or workshop. In the event of a contravention of this section in a factory or workshop, the occupier of the factory or workshop shall be liable 15 to a fine not exceeding forty shillings. 74. Any notice order requisition summons and document under this Act may be in writing or print, or partly in writing and partly in print. Any notice order requisition summons and document required 20 or authorised to be served or sent for the purposes of this Act may be served and sent by delivering the same to or at the residence of the person on or to whom it is to be served or sent, or, where that person is the occupier of a factory or workshop, by delivering the same or a true copy thereof to his agent or to some person 25 in such factory or workshop; it may also be served or sent by post by a prepaid letter, and if served or sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending, it shall be sufficient 30 to prove that it was properly addressed and put into the post; and where it is required to be served on or sent to the occupier of a factory or workshop it shall be deemed to be properly addressed, if addressed to the occupier of such factory or workshop at the factory or workshop, with the addition of the proper postal address, but 35 without naming the person who is the occupier. 75. Any Act for the time being in force relating to weights and measures shall extend to weights measures scales balances steelyards and weighing machines, used in a factory or workshop in checking or ascertaining the wages of any person employed 40 therein in like manner as if they were used in the sale of goods, and as if such factory or workshop were a place where goods are 10 kept for sale, and such Act shall apply accordingly, and every in- A.D. 1878. spector of, or other person authorised to inspect or examine, weights and measures, shall inspect stamp mark search for and examine the said weights and measures scales balances steelyards 5 and weighing machines accordingly, and for that purpose shall have the same powers and duties as he has in relation to weights measures scales balances steelyards and weighing machines used in the sale of goods. (4.) Fines. 76. If a factory or workshop is not kept in conformity with this Act, the occupier thereof shall be liable to a fine not exceeding ten pounds. The court of summary jurisdiction, in addition to or instead of inflicting such fine, may order certain means to be adopted by the 15 occupier, within the time named in the order, for the purpose of bringing his factory or workshop into conformity with this Act; the court may, upon application, enlarge the time so named, but if, after the expiration of the time as originally named or enlarged by subsequent order, the order is not complied with, the occupier shall 20 be liable to a fine not exceeding one pound for every day that such non-compliance continues. c. 103. s. 9. Penal com person in 77. If any person suffers any bodily injury in consequence of the occupier of a factory having neglected to fence any machinery pensation to required by or in pursuance of this Act to be securely fenced, the jured by want 25 occupier of the factory shall be liable to a fine not exceeding one of fence to machinery. hundred pounds, the whole or any part of which may be applied See 7 & 8 for the benefit of the injured person, or otherwise as a Secretary Vict. c. 15. of State determines ; Provided that the occupier of a factory shall not be liable to a 30 fine under this section, if an information against him for not fencing the part of the machinery by which the bodily injury was inflicted has been heard and dismissed previous to the time when the bodily injury was inflicted. s.60. children, women con trary to the Act. 78. Where a child young person or woman is employed in a Fine for 35 factory or workshop contrary to the provisions of this Act, the employing occupier of the factory or workshop shall be liable to a fine not young exceeding three, or if the offence was committed during the night, persons, and five pounds for each child young person or woman so employed. A child young person or woman who is not allowed times 40 for meals and absence from work as required by this Act, or during any part of the times allowed for meals and absence from work is, in contravention of the provisions of this Act, employed in the factory or workshop or allowed to remain in any room, shall be deemed to be employed contrary to the provisions of this Act. See 7 & 8 Vict. c. 15. ss. 36, 13 & 14 Vict. 30 & 31 Vict. c.146, s. 7. 56, 64, 65. c. 54. s. 8. 37 & 38 Vict. c. 44. s. 8. A.D. 1878. Fine on parent for allowing child or young person to be employed contrary to the Act or neglecting to cause child to attend school. 7 & 8 Vict. c. 15. s. 57. 30 & 31 Vict. c. 146. s. 7. Forgery of certificates, false entries and declara 79. The parent of a child or young person shall,— (2.) If he neglects to cause such child to attend school in accord- 10 80. Every person who forges or counterfeits any certificate for the purposes of this Act (for the forgery or counterfeiting of which no other punishment is provided), or who gives or signs any such certificate knowing the same to be false in any material particular, or who knowingly utters or makes use of any certificate so 15 forged counterfeited or false as aforesaid, or who knowingly utters or makes use of as applying to any person a certificate which does 3 & 4 Will. 4. not so apply, or who personates any person named in a certificate, or who wilfully connives at the forging counterfeiting giving signing c. 15. s. 63. uttering making use or personating as aforesaid, shall be liable to 20 a fine not exceeding twenty pounds, or to imprisonment for a term not exceeding three months with or without hard labour. tions. See c. 103. s. 28. 7 & 8 Vict. Fine on person com mitting offence for Every person who wilfully makes a false entry in any register notice certificate or document required by this Act to be kept or served or sent, or who wilfully makes or signs a false declaration 25 under this Act, or who knowingly makes use of any such false entry or declaration, shall be liable to a fine not exceeding twenty pounds, or to imprisonment for a term not exceeding three months with or without hard labour. 81. Where an offence for which the occupier of a factory 30 or workshop is liable under this Act to a fine, has in fact been committed by some agent servant workman or other person, such pier is liable. agent servant workman or other person shall be liable to the same fine as if he were the occupier. which occu Power of occupier to exempt 82. Where the occupier of a factory or workshop is charged with 35 an offence against this Act, he shall be entitled upon information himself from duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier of the factory or workshop proves to 40 the satisfaction of the court that he had used due diligence to enforce the execution of the Act, and that the said other person fine on conviction of the actual offender. See 7&8Vict. c. 15. s. 41. 24 & 25 Vict. c. 117. s. 3. 5 had committed the offence in question without his knowledge A.D. 1878. consent or connivance, the said 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 execution of this Act, and also by what person such offence had been committed, and also that it had been committed without the knowledge consent, or 10 connivance of the occupier and in contravention of his orders, then the inspector shall proceed against the person whom he believes to be the actual offender in the first instance, without first proceeding against the occupier of the factory or workshop. cumulative fines. 83. A person shall not be liable in respect of a repetition of the Restraint on 15 same kind of offence from day to day to any larger amount of fines than the highest fine fixed by this Act for the offence, except(a.) where the repetition of the offence occurs after an information has been laid for the previous offence; or 20 (b.) where the offence is one of employing two or more children (5.) Legal Proceedings. 7 & 8 Vict. c. 15. s. 44. See s. 65. of offences and reco 84. All offences under this Act shall be prosecuted, and all fines Prosecution under this Act shall be recovered, on summary conviction before a 25 court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts. 30 very ana application of fines. A summary order may be made for the purposes of this Act by a See 34 & 35 court of summary jurisdiction in manner provided by the Summary Vict. c. 104. Jurisdiction Acts. All fines imposed in pursuance of this Act shall, save as otherwise expressly provided by this Act, be paid into the Exchequer. The court of summary jurisdiction, when hearing and determining a case arising under this Act, shall be constituted either of two or more justices of the peace sitting at some court or 35 public place at which justices are for the time being accustomed to assemble for the purpose of holding petty sessions or of some magistrate or officer sitting alone or with others at some court or other place appointed for the public administration of justice, and for the time being empowered by law to do alone any act 40 authorised to be done by more than one justice of the peace. s. 8. Where a proceeding is taken before a court of summary See jurisdiction with respect to an offence against this Act alleged to c. 15. s. 71. |