A.D. 1878. Certificates of appoint ment of inspectors. 30 & 31 Vict. c. 103. s. 11. c. 146. s. 20. Appointment of certifying surgeons. See 7 & 8 Vict. c. 15. ss. 8, 16. Regulations as to the grant of certificates of fitness. See 7 & 8 Vict. c. 15. s. 10, 11. A justice of the peace, if satisfied by information on oath that there is reasonable cause to suppose that any enactment of this Act is contravened in any such room or place as aforesaid, may in his discretion grant a warrant under his hand authorising the inspector named therein at any time within the period named 5 therein, but not exceeding one month from the date thereof, to enter, in pursuance of this Act, the room or place named in the warrant, and exercise therein the powers of inspection and examination conferred by this Act, and the fines and provisions of this Act with respect to obstruction of an inspector shall apply 10 accordingly. 69. Every inspector under this Act shall be furnished with the prescribed certificate of his appointment, and on applying for admission to a factory or workshop shall, if required, produce to the occupier the said certificate. 15 Every person who forges or counterfeits any such certificate, or makes use of any forged counterfeited or false certificate, or personates the inspector named in any such certificate, or falsely pretends to be an inspector under this Act, shall be liable to be imprisoned for a period not exceeding three months, with or without 20 hard labour. (2.) Certifying Surgeons. 70. Subject to such regulations as may be from time to time made by a Secretary of State, an inspector may from time to time appoint a sufficient number of duly registered medical practitioners 25 to be certifying surgeons for the purposes of this Act, and may from time to time revoke any such appointment. Every appointment and revocation of appointment of a certifying surgeon may be annulled by a Secretary of State upon appeal to him for that purpose. A surgeon who is the occupier of a factory or workshop, or is directly or indirectly interested therein or in any process or business carried on therein or in a patent connected therewith, shall not be a certifying surgeon for that factory or workshop. 30 A Secretary of State may from time to time make rules for the 35 guidance of certifying surgeons, and for the particulars to be registered respecting their visits, and for the forms of certificates and other documents to be used by them. 71. A certificate of fitness for employment shall not be granted for the purposes of this Act, except upon personal examination of 40 the person named therein. A certifying surgeon shall not examine a child or young person for the purposes of a certificate of fitness for employment, or sign any such certificate, elsewhere than at the factory or workshop A.D. 1878. where such child or young person is or is about to be employed, unless the number of children and young persons employed in that factory or workshop are less than five, or unless for some special reason 5 allowed in writing by an inspector. If a certifying surgeon refuses to grant for any person examined by him a certificate of fitness for employment, he shall when required give in writing and sign the reasons for such refusal. tifying surexamination 72. With respect to the fees to be paid to certifying surgeons in Fees of cer10 respect of the examination of, and grant of certificates of fitness for employment for, children and young persons in factories or workshops the following provisions shall have effect : (1.) The occupier may agree with the certifying surgeon as to persons. 15 20 25 30 35 40 the amount of such fees: (2.) In the absence of any such agreement the fees shall be those When the examination is at a When the examination is at a When the examination is not- -2s. 6d. for each visit and 6d. for each per- The above fees and an 6d. for each person examined. (3.) The occupier shall pay the fees at the time at which the (4.) The occupier may deduct the fee or any part thereof, not geons for of children and young 7 & 8 Vict. c. 15. s. 13. A.D. 1878. Notice of factory to be given to inspector. (3.) Miscellaneous. 73. Every person shall, within one month after he begins to occupy a factory, serve on an inspector a written notice contain7 & 8 Vict. ing the name of the factory, the place where it is situate, the c. 15.ss. 7,64. address to which he desires his letters to be addressed, the nature 5 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. Regulation of hours by public clock. Registers to or workshop. c. 15. ss. 9,27, 64. 24 & 25 Vict. c. 117. s. 2., 74. Where an inspector, by notice in writing, names a public 10 clock, or some other clock open to public view, for the purpose of regulating the period of employment in a factory or workshop, the period of employment and times allowed for meals for children young persons and women in that factory or workshop, shall be regulated by that clock, which shall be specified in the notice 15 affixed in the factory or workshop. 75. The occupier of every factory and workshop to which this section applies shall keep in the prescribed form and with the prescribed particulars registers of the children and young persons employed in that factory or workshop, and of their employment, 20 and of other matters under this Act. The occupier of a factory or workshop shall send to an inspector 30 & 31 Vict. such extracts from any register kept in pursuance of this Act as c.103.sch.15, the inspector from time to time requires for the execution of his duties under this Act. 33 & 34 Vict. c. 62. sch. 8. Affixing in factory or 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. 25 Where by reason of the number of children and young persons 30 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 to rescind such order, and while such order is in force this 35 section shall apply to that 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 to a fine not exceeding forty shillings. 76. There shall be affixed at the entrance of a factory and a 40 workshop, and in such other parts thereof as an inspector for the time being directs, and be constantly kept so affixed in the A.D. 1878. prescribed form and in such position as to be easily read by the workshop of persons employed in the factory or workshop, (1.) The prescribed abstract of this Act; and abstract of Act and notices. See 7 & 8 (2.) A notice of the name and address of the prescribed inspector; Vict. c. 15. and (3.) A notice of the name and address of the certifying surgeon ss. 28, 64. c. 44. s. 9. (4.) A notice of the clock (if any) by which the period of em- 37 & 38 Vict. (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 15 or workshop, the occupier of the factory or workshop shall be liable to a fine not exceeding forty shillings. 20 77. Any notice order requisition summons and document under Printing or this Act may be in writing or print, or partly in writing and partly writing and in print. service of notices and documents, &c. See 7 & 8 s. 51. Any notice order requisition summons and document required 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 Vict. c. 15. 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 25 the same or a true copy thereof to his agent or to some person 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 30 of post, and in proving such service or sending, it shall be sufficient 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 35 or workshop, with the addition of the proper postal address, but without naming the person who is the occupier. measures factories and 78. Any Act for the time being in force relating to weights Inspection of and measures shall extend to weights measures scales balances weights and steelyards and weighing machines, used in a factory or workshop used in 40 in checking or ascertaining the wages of any person employed 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 workshops. A.D. 1878. kept for sale, and such Act shall apply accordingly, and every inspector 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 and weighing machines accordingly, and for that purpose shall 5 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. Fine for not keeping factory or workshop in conformity with Act. See 7 & 8 Vict. c. 15. ss. 58-60. c. 38. s. 5. (4.) Fines. 79. If a factory or workshop is not kept in conformity with this 10 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 occupier, within the time named in the order, for the purpose of 15 19 & 20 Vict. bringing his factory or workshop into conformity with this Act; the court may, upon application, enlarge the time so named, but if, c. 40. ss. 4, 5. after the expiration of the time as originally named or enlarged by subsequent order, the order is not complied with, the occupier shall be liable to a fine not exceeding one pound for every day that such 20 non-compliance continues. 26 & 27 Vict. c. 48. s. 4. 30 & 31 Vict. c. 103. s. 9. Penal compensation to person in of fence to machinery. See 7 & 8 80. If any person is killed or suffers any bodily injury in consequence of the occupier of a factory having neglected to fence any jured by want machinery required by or in pursuance of this Act to be securely fenced, or in consequence of the occupier of a factory or workshop 25 having neglected to fence any vat, pan, or other structure required by or in pursuance of this Act to be securely fenced, the occupier of the factory or workshop shall be liable to a fine not exceeding one hundred pounds, the whole or any part of which may be applied for the benefit of the injured person or his family, or otherwise as 30 a Secretary of State determines; Vict. c. 15. s. 60. Fine for employing children, young persons, and women con Act. See 7 & 8 Vict. Provided that the occupier of a factory shall not be liable to a 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 35 the bodily injury was inflicted. 81. Where a child young person or woman is employed in a trary to the factory or workshop contrary to the provisions of this Act, the occupier of the factory or workshop shall be liable to a fine not exceeding three, or if the offence was committed during the night, 40 five pounds for each child young person or woman so employed; and where a child, young person, or woman is so employed in a factory or workshop within the meaning of section sixteen of this 13 & 14 Vict. c. 54. s. 8. 30 & 31 Vict. c. 146, s. 7. 37 & 38 Vict. c. 44. s. 8. |