(3.) Application of Act to Scotland and Ireland.

A.D. 1878.

101. The provisions of this Act shall, in the case of a factory or Temporary workshop in Scotland or Ireland, in which a child under the age of saving for ten years may lawfully be employed at the passing of this Act, be 5 modified as follows; that is to say,

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(1.) Shall apply during twelve months after the commencement

employment of children under ten and children

over thirteen

and Ireland.

37 & 38 Vict.

39 & 40 Vict. c. 79. s. 51.

of this Act to children of the age of nine years and in Scotland
upwards, as if they were of the age of ten years; and
(2.) Shall not prevent a child who, before the commencement of c. 44. s. 13.
this Act, is lawfully employed in any factory or workshop
as a child under the age of nine years, or any child who
during the twelve months next after the commencement of
this Act is lawfully employed in any factory or workshop as
a child under the age of ten years, from continuing to be
employed in a factory or workshop in like manner as if the
child were above the age of ten
of ten years; and
(3.) Shall apply during twelve months after the commencement
of this Act to children of the age of thirteen years and
upwards as if they were young persons; and

(4.) Shall not prevent a child, who before the expiration of
twelve months after the commencement of this Act is
lawfully employed in a factory or workshop as a young
person, from continuing to be employed in a factory or
workshop as a young person.

of birth for

103. In Scotland or Ireland where the age of any child is required Certificates to be ascertained or proved for the purposes of this Act, or for any purposes of purpose connected with the elementary education or employment in Act. labour of such child, any person, on presenting a written requisition Vict. C. 79. in such form and containing such particulars as may be from time s. 25. as to E.

30 to time prescribed by a Secretary of State, and on payment of such fee, not exceeding one shilling, as a Secretary of State from time to time fixes, shall be entitled to obtain

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(1.) In Scotland an extract under the hand of the registrar under
the Act of the seventeenth and eighteenth years of Her
present Majesty, chapter eighty, and any Acts amending
the same, of the entry in the register kept under those
Acts; and

c.

(2.) In Ireland a certified copy under the hand of the registrar or
superintendent registrar under the Registration of Births 26 & 27 Vict.
and Deaths (Ireland) Act of the entry in the register under
that Act of the birth of the child named in the requisition.
102. In the application of this Act to Scotland—

c. 11. Application of Act to

Scotland. 37 & 38 V

(1.) The expression "certified efficient school" means any public c. 44. s. or other elementary school under Government inspection:

7 & 8 V

c. 15. ss.

A.D. 1878.

-

8 & 9 Vict. c. 17.

(2.) In lieu of Christmas Day and either Good Friday or the
next public holiday under the Holidays Extension Act,
1875, there shall be allowed as a holiday to every child
young person and woman employed in a factory or work-
shop the whole of two days separated from each other by 5
an interval of not less than three months, one of which
shall be a day set apart by the Church of Scotland for the
observance of the sacramental fast in the parish in which
the factory or workshop is situate, or some other day sub-
stituted for such day as aforesaid by the occupier specify- 10
ing the same in the notice affixed in the factory or
workshop :

(3.) The expression "sanitary authority" means the local autho-
rity under the Public Health (Scotland) Act, 1867:

(4.) The expression "medical officer of health" means the 15 medical officer under the Public Health (Scotland) Act, 1867, or where no such officer has been appointed, the medical officer appointed by the parochial board :

(5.) The expression," Companies Clauses Consolidation Act, 1845," means the Companies Clauses Consolidation (Scot- 20 land) Act, 1845:

(6.) The expression "Summary Jurisdiction Acts " means "The Summary Procedure Act, 1864," and any Acts amending the same:

(7.) The expression "court of summary jurisdiction" means the 25 sheriff of the county or any of his substitutes:

(8.) The expression "Education Department" means the Lords
of the Committee of the Privy Council appointed by Her
Majesty on Education in Scotland:

(9.) The expression "county court" means the sheriff court:
(10.) All matters required by this Act to be published in the
London Gazette shall (if they relate exclusively to Scot-
land) instead of being published in the London Gazette,
be published in the Edinburgh Gazette only:

(11.) The expression "misdemeanor " means crime and offence: (12.) The expression "information means petition or complaint :

(13.) The expression "informant means petitioner, pursuer, or

complainer:

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(14.) The expression "defendant" means defender or respondent: 40
(15.) The expression "clerk of the peace" means sheriff clerk:
(16.) All offences under this Act shall be prosecuted and all
penalties under this Act shall be recovered under the pro-

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visions of the Summary Jurisdiction Acts at the instance A.D. 1878.
of the procurator fiscal or of an inspector under this Act:
(17.) The court may make, and may also from time to time alter
or vary, summary orders under this Act on petition by
such procurator fiscal or inspector presented in common
form:

(18.) All fines under this Act in default of payment, and all
orders made under this Act failing compliance, may be
enforced by imprisonment for a term to be specified in the
order or conviction, but not exceeding three months:
(19.) It shall be no objection to the competency of an inspector
to give evidence as a witness in any prosecution for
offences under this Act, that such prosecution is brought
at the instance of such inspector :

(20.) Every person convicted of an offence under this Act shall be
liable in the reasonable costs and charges of such con-
viction :

(21.) All penalties imposed and recovered under this Act shall
be paid to the clerk of the court, and by him accounted for
and paid to the Queen's and Lord Treasurer's Remem-
brancer, on behalf of Her Majesty's Exchequer, and shall
be carried to the Consolidated Fund:

(22.) All jurisdictions, powers, and authorities necessary for the
purposes of this section are conferred on the sheriffs and
their substitutes:

(23.) Any person may appeal from any order or conviction under
this Act to the Court of Justiciary, under and in terms
of the Act of the twentieth year of the reign of His Majesty
King George the Second, chapter forty-three, or under any
enactment amending that Act, or applying or incorporating
its provisions, or any of them, with regard to appeals, or
to the Court of Justiciary at Edinburgh under and in
terms of the Summary Prosecutions Appeal (Scotland)
Act, 1875.

104. In the application of this Act to Ireland-
(1.) The expression "certified efficient school"

national school:

means any

Application of Act to Ireland,

(2.) In lieu of any two half-holidays allowed under the provisions

of sub-section (2) in section twenty-two of this Act, there
shall be allowed as a holiday to every child, young person,
and woman employed in a factory or workshop, the whole
of the seventeenth day of March: Provided, that when

this date falls on a Sunday, this sub-section shall have no effect as regards such date:

(3.) The expression "sanitary authority" means an urban or rural sanitary authority within the meaning of the Public Health (Ireland) Act, 1874, and any Act amending the 5

same:

(4.) The expression "medical officer of health" means the
medical sanitary officer of the sanitary district:

(5.) Any act authorised to be done or consent required to be
given by the Education Department under this Act shall be 10
done and given by the Lord Lieutenant or Lords Justices
of Ireland, acting by and with the advice of the Privy
Council in Ireland:

(6.) The expression "county court" means the civil bill court:
(7.) The expression "Summary Jurisdiction Acts" means within 15
the police district of Dublin metropolis, the Acts regu-
lating the powers and duties of justices of the peace for
such district, or of the police of such district, and else-
where in Ireland the Petty Sessions (Ireland) Act, 1851,
and any Act amending the same:

20

(8.) A court of summary jurisdiction when hearing and deter-
mining an information or complaint in any matter arising
under this Act shall be constituted within the police
district of Dublin metropolis of one of the divisional
justices of that district sitting at a police court within 25
the district, and elsewhere of a stipendiary magistrate
sitting alone, or with others, or of two or more justices of
the peace sitting in petty sessions at a place appointed for
holding petty sessions:

(9.) Appeals from a court of summary jurisdiction shall lie in the 30
manner and subject to the conditions and regulations
prescribed in the twenty-fourth section of the Petty
Sessions (Ireland) Act, 1851, and any Acts amending the

same:

(10.) All fines imposed under this Act shall, save as is otherwise 35 expressly provided by this Act, be applied in the manner directed by the Fines Act (Ireland), 1851, and any Act amending the same:

(11.) The provisions of section nineteen of the Public Health Act, 1866, or of any enactment substituted for that section, 40 with respect to any factory, workshop, or workplace, not kept in a cleanly state, or not ventilated, or overcrowded shall not apply to any factory or workshop which is subject

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to the provisions of this Act with respect to cleanliness, A.D. 1878.
ventilation, and overcrowding, but shall apply to every
other factory workshop and workplace:

c. 93.

It is hereby declared that the Sanitary Acts within the meaning of the Public Health (Ireland) Act, 1874, shall 37 & 38 Vict. apply to buildings in which persons are employed, whatever their number may be, in like manner as it applies to buildings where more than twenty persons are employed. (12.) All matters required by this Act to be published in the London Gazette, shall, if they relate exclusively to Ireland, instead of being published in the London Gazette, be published in the Dublin Gazette only.

(4.) Repeal.

105. The Acts specified in the Fifth Schedule to this Act are Repeal of hereby repealed from and after the commencement of this Act to Acts. the extent in the third column of that schedule mentioned:

Provided that

(1.) All notices affixed in the factory in pursuance of the Acts
hereby repealed shall, so far as they are in accordance
with the provisions of this Act, be deemed to have been
affixed in pursuance of this Act; and

(2.) All inspectors sub-inspectors officers clerks and servants
appointed in pursuance of the Acts hereby repealed shall
continue in office and shall be subject to removal and have
the same powers and duties as if they had been appointed
in pursuance of this Act; and

(3.) All certifying surgeons appointed in pursuance of any Act
hereby repealed shall be deemed to have been appointed
in pursuance of this Act; and

(4.) All surgical certificates granted in pursuance of any Act
hereby repealed shall have effect as certificates of fitness
for employment granted in pursuance of this Act, and all
registers kept in pursuance of any Act hereby repealed
shall, until otherwise directed by a Secretary of State, be
deemed to be the registers required by this Act; and
(5.) Any order made by a Secretary of State in pursuance of
any enactment hereby repealed for granting any permis-
sion or relaxation to any factories or workshops may, if
the Secretary of State so direct, continue in force for a
period not exceeding three months after the commence-
ment of this Act; and