A.D. 1878. be committed in or with reference to a factory or workshop, the occupier of that factory or workshop, and the father son or brother of such occupier, shall not be qualified to act as a member of such court.

Appeal to quarter sessions. See

85. If any person feels aggrieved by a conviction or order made 5 by a court of summary jurisdiction on determining an information or complaint under this Act, he may appeal therefrom; subject, in 7 & 8 Vict. England, to the conditions and regulations following:

c. 15. ss. 69, 70, and as to I.,

14 & 15 Vict.

c. 93. s. 24.

(1.) The appeal shall be made to the next practicable court of

general or quarter sessions having jurisdiction in the 10
county or place in which the decision of the court was
given, holden not less than twenty-one days after the day
on which such decision was given; and

(2.) The appellant shall, within ten days after the day on which
the decision of the court was given, serve notice on the other 15
party and on the clerk of the court of summary jurisdiction
of his intention to appeal, and of the general grounds of
such appeal; and

(3.) The appellant shall, within three days after such notice is
served, enter into a recognizance before a court of summary 20
jurisdiction with or without a surety or sureties as the court
may direct, conditioned to appear at the said sessions and to
try such appeal, and to abide the judgment of the court
thereon, and to pay such costs as may be awarded by the
court, or the appellant may, if the court of summary juris- 25
diction thinks it expedient, instead of entering into a
recognizance give such other security by deposit of money
with the clerk of the court of summary jurisdiction or
otherwise as the court deem sufficient; and

(4.) Where the appellant is in custody a court of summary juris- 30
diction may, if they think fit, on the appellant entering
into such recognizance or giving such other security as
aforesaid, release him from custody; and

(5.) The court of appeal may adjourn the hearing of the appeal,

and upon the hearing thereof may confirm reverse or 35
modify the decision of the court of summary jurisdiction,
or remit the matter to the court of summary jurisdiction
with the opinion of the court of appeal thereon, or make
such other order in the matter as the court thinks just; and
(6.) The court of appeal may also make such order as to costs to 40
be paid by either party as the court thinks just; and

(7.) Whenever a decision is reversed by the court of appeal the
clerk of the peace shall indorse on the conviction or order

5

10

appealed against a memorandum that the same has been A.D. 1878.
quashed, and whenever any copy or certificate of such con-
viction or order is made, a copy of such memorandum shall
be added thereto, and shall be sufficient evidence that the
conviction or order has been quashed, in every case where
such copy or certificate would be sufficient evidence of
such conviction or order; and

(8.) Every notice in writing required by this section to be given
by an appellant may be signed by him or by his agent on
his behalf, and may be transmitted in a registered letter
by the post in the ordinary way, and shall be deemed to
have been served at the time when it would be delivered
in the ordinary course of post.

of time and

general pro

86. The following provisions shall have effect with respect to Limitation 15 summary proceedings for offences and fines under this Act: (1.) The information shall be laid within two months, or, where visions as to the offence is punishable at discretion by imprisonment, or summary is a breach of the provisions of this Act with respect to holidays, within three months after the commission of the offence:

20

25

30

35

40

proceedings.

See

7 & 8 Vict.

c. 15. s. 69.

7 & 8 Vict.

(2.) The description of an offence in the words of this Act, or in c. 15. s. 44. similar words, shall be sufficient in law:

(3.) Any exception, exemption proviso excuse or qualification,

whether it does or not accompany the description of the
offence in this Act, may be proved by the defendant, but
need not be specified or negatived in the information,
and if so specified or negatived, no proof in relation to
the matters so specified or negatived shall be required on
the part of the informant:

(4.) It shall be sufficient to allege that a factory or workshop
is a factory or workshop within the meaning of this Act
without more:

(5.) It shall be sufficient to state the name of the ostensible 7 & 8 Vict.
occupier of the factory or workshop or the title of the firm c. 15. s. 51.
by which the occupier employing persons in the factory
or workshop is usually known:

c. 15. S. 69

(6.) A conviction or order made in any matter arising under 7 & 8 Vict.
this Act, either originally or on appeal, shall not be
quashed for want of form, and a conviction or order
made by a court of summary jurisdiction against which
a person is authorised by this Act to appeal shall not be
removed by certiorari or otherwise, either at the instance

A.D. 1878.

Evidence in summary proceedings. See

3 & 4 Will. 4.

c. 103. s. 14. 7 & 8 Vict.

c. 15. s. 52.

See 7 & 8 Vict. c. 15. ss. 53, 55.

c. 86. s. 24.

39 & 40 Vict.

of the Crown or of any private person, into a superior court, except for the purpose of the hearing and determination of a special case.

87. If a person is found in a factory, except at meal times, or while all the machinery of the factory is stopped, or for the sole 5 purpose of bringing food to the persons employed in the factory between the hours of four and five o'clock in the afternoon, such person shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory:

Provided that yards, playgrounds, and places open to the public 10 view, schoolrooms, waiting rooms, and other rooms belonging to the factory in which no machinery is used or manufacturing process carried on, shall not be taken to be any part of the factory within the meaning of this enactment; and this enactment shall not apply to a factory or workshop to which the provisions of this Act with 15 respect to the affixing of notices do not apply.

Where a child or young person is, in the opinion of the court, apparently of the age alleged by the informant, it shall lie on the 36 & 37 Vict. defendant to prove that the child or young person is not of that age. A declaration in writing by a certifying surgeon for the district 20 c. 79. s. 37. that he has personally examined a person employed in a factory or workshop in that district, and believes him to be under the age c. 15. ss. 53. set forth in the declaration, shall be admissible in evidence of the age of that person.

See 7 & 8 Vict.

See 7 & 8 Vict. c. 15. s. 67.

Factories and Workshops to which Act applies.

7 Vict. c. 15. s. 73. (1844). 30 & 31 Vict. c. 103. s. 3. 30 & 31 V i c. 146. s. 3

A copy of a conviction for an offence against this Act purporting 25 to be certified under the hand of the clerk of the peace having the custody of such conviction to be a true copy shall be receivable as evidence, and every such clerk of the peace shall, upon the written request of an inspector and payment of a fee of one shilling, deliver to him a copy of the conviction so certified.

PART IV.

DEFINITIONS, SAVINGS, APPLICATION TO SCOTLAND AND IRELAND,
AND REPEAL.

(1.) Definitions.

30

35

88. The expression "textile factory" in this Act means-
any premises wherein or within the close or curtilage of which
steam water or other mechanical power is used to move
or work any machinery employed in preparing, manufacturing,
or finishing, or in any process incident to the manufacture of,
cotton wool hair silk flax hemp jute tow china-grass cocoa- 40
nut fibre or other like material, either separately or mixed

5

10

15

20

25

30

35

40

together, or mixed with any other material, or any fabric made A.D. 1878.

thereof:

Provided that print works, bleaching and dyeing works, lace
warehouses, paper mills, flax scutch mills, rope works, and
hat works shall not be deemed to be textile factories.

The expression "non-textile factory" in this Act means-
(1.) any works, warehouses, furnaces, mills, foundries or places
named in part one of the fourth schedule to this Act,
(2.) also any premises or places named in part two of the
said schedule wherein or within the close or curtilage
or precincts of which, steam water or other mechanical
power is used in aid of the manufacturing process
carried on there,

(3.) also any premises wherein or within the close or curtilage
or precincts of which, any manual labour is exercised
by way of trade or for purposes of gain in or incidental
to the following purposes, or any of them; that is to say—
(a.) in or incidental to the making of any article or
of part of any article, or

(b.) in or incidental to the altering repairing orna-
menting or finishing of any article, or
(c.) in or incidental to the adapting for sale of any

article,

and wherein or within the close or curtilage or precincts
of which steam water or other mechanical power is used
in aid of the manufacturing process carried on there.
The expression "factory" in this Act means textile factory and
non-textile factory, or either of such descriptions of factories.
The expression "workshop" in this Act means-

(1.) any premises or places named in part two of the fourth
schedule to this Act, which are not a factory within
the meaning of this Act,

(2.) also any premises, room, or place not being a factory
within the meaning of this Act, in which premises,
room, or place or within the close or curtilage or pre-
cincts of which premises any manual labour is exercised
by way of trade or for purposes of gain in or incidental
to the following purposes or any of them; that is to say,
(a.) in or incidental to the making of any article or
of part of any article, or

(b.) in or incidental to the altering repairing orna-
menting or finishing of any article, or
(c.) in or incidental to the adapting for sale of any

article,

A.D. 1878.

Definition of

employment and

working for

hire.

Vict.

7 & 8
c. 15. s. 73.
30 & 31 Vict.

c. 146. s. 4.

26 & 27 Vict.

c. 40. s. 2.

Definition of "certified

efficient

school."

c. 175.

and to which or over which premises room or place the employer of the persons working therein has the right of access or control.

A part of a factory or workshop may for the purposes of this Act be taken to be a separate factory or workshop; and a place 5 solely used as a dwelling shall not be deemed to form part of the factory or workshop for the purposes of this Act.

Where a place situate within the close curtilage or precincts forming a factory or workshop is solely used for some purpose other than the manufacturing process or handicraft carried on in 10 the factory or workshop, such place shall not be deemed to form part of that factory or workshop for the purposes of this Act, but shall, if otherwise it would be a factory or workshop, be deemed to be a separate factory or workshop, and be regulated accordingly.

Any premises or place shall not be excluded from the definition 15 of a factory or workshop by reason only that such premises or place are or is in the open air.

This Act shall not apply to such workshops as are conducted on the system of not employing any child young person or woman therein, but applies to all other factories and workshops as before 20 defined, inclusive of factories and workshops belonging to the Crown; provided that in case of any public emergency a Secretary of State may exempt a factory or workshop belonging to the Crown from this Act to the extent and during the period named by him.

89. A child young person or woman who works in a factory 25 or workshop, whether for wages or not, either in a manufacturing process or handicraft, or in cleaning any part of the factory or Workshop used for any manufacturing process or handicraft, or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with the manufac- 30 turing process or handicraft, or connected with the article made or otherwise the subject of the manufacturing process or handicraft therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein within the meaning of this Act.

For the purposes of this Act an apprentice shall be deemed to 35 work for hire.

90. The expression "certified efficient school" in this Act means a public elementary school within the meaning of the Elementary 33 & 34 Vict. Education Acts 1870 and 1873, and any workhouse school in England certified to be efficient by the Local Government Board, and 40 also any elementary school which is not conducted for private profit See 39 & 40 and is open at all reasonable times to the inspection of Her Majesty's inspectors of schools, and requires the like attendance from

36 & 37 Vict. c. 86.

Vict. c. 79.

s. 48.