inspector all necessary facilities for their entry, examination, "and testing."-26 & 27 Vict. c. 124, s. 9. Provision having thus been made for efficient machinery for Sections of the carriage of the Act into operation, it will now be convenient the Alkali to set out in full, and altogether in one place, the various Act imposing penalties. sections of the Act by which penalties are enforced. They will sufficiently explain themselves, and are as follows: 66 Every alkali work shall be carried on in such manner as to secure the condensation to the satisfaction of the inspector, "derived from his own examination or from that of a sub"inspector, of not less than ninety-five per centum of the "muriatic acid gas evolved therein: Provided always, that “nothing herein contained shall entitle the inspector to direct any alteration to be made in the process of manufacture or the apparatus used therein. 66 66 66 66 "If any alkali work is carried on in contravention of this section, the owner of that work shall, on its being made to "appear to the Court before which any proceedings for recovery of a penalty may be instituted that ninety-five per centum at least of the muriatic acid gas evolved in such work has not "been condensed, be deemed to be guilty of an offence against this Act, and be subject in respect of the first conviction to "a penalty not exceeding fifty pounds, and in respect of every "offence after a previons conviction to a penalty not exceeding one hundred pounds: Provided always, that no such owner shall be convicted of more than one such offence in respect of any one day: Provided also, that no such penalty shall be "inflicted unless the inspector shall produce before the Court "having cognizance of the matter a statement in writing of the "facts on which he founds his opinion that ninety-five per "centum of the muriatic acid gas evolved in the alkali work "is not condensed therein, and serve a copy thereof with the "process commencing the proceedings."-26 & 27 Vict. c. 124, 64 s. 4. 66 inspector. The Alkali "Every person who wilfully obstructs any inspector or Penalty on "sub-inspector in the execution of this Act, and every owner persons “of any alkali work who refuses or neglects to afford to the obstructing "inspector or sub-inspector the facilities necessary for making any entry, inspection, examination, or testing under this Act, Act, 1863, "or who neglects or wilfully violates any provision of this Act, "for the neglect or violation of which no other penalty is by "this Act imposed, shall be guilty of an offence within the "meaning of this Act, and shall for every such offence incur a "penalty not exceeding ten pounds."-26 & 27 Vict. c. 124, 8. 11. 66 No alkali work shall at any time after the expiration of Penalties on "three months after the appointment of the inspector be persons carry"carried on or prosecuted until such work has been registered ing on alkali "by the owner with the inspector. In every register hereby works without registering themselves as owners. The Alkali Act, 1863, s. 6. Proceedings and practice for recovering of penalties in the County Court. The Alkali Act, 1863, s. 14. 66 "required to be made there shall be inserted the name in full "of the owner, and of the parish or township in which the "work is situate, and within one month after change of ownership in any such work the register of such work shall be "amended by inserting the name of the new owner; and if any "alkali work is carried on in contravention of this section, the owner thereof shall, on conviction, be deemed to be guilty "of an offence against this Act, and shall be subject to a penalty not exceeding five pounds for every day during "which such work shall have been so carried on."-26 & 27 Vict. c. 124, s. 6. 66 66 The penalties created by the sections of the Alkali Act which have just been set out, are by the Act made recoverable in the County Court; and certain provisions are made as to the conduct of the proceedings. The penalties are, it is to be noted, expressly directed to be sued for by action. The mode of instituting and conducting the action will be found described in the Introductory Chapter to this Book, as supplemented by the following provisions : "The following regulations shall be enacted with respect "to the recovery in England of penalties for offences other "than offences against a special rule: "Every such penalty shall be recovered by action in the "County Court having jurisdiction in the district in "which the alkali works are situate in respect of which "the penalty arises: 66 66 The action shall be brought, with the sanction of the "Board of Trade, by the inspector appointed under this Act, within three months after the commission of the "offence, and for the purposes of such action the penalty "shall be deemed to be a debt due to such inspector: "The plaintiff in any action for a penalty under this "Act shall be presumed to be the inspector appointed "under this Act, until the contrary is proved by the "defendant: 66 "The Court may, upon the application of either party, appoint a person to take down in writing the evidence "of the witnesses, and may award to that person such "compensation as the Court thinks just : "The amount of compensation awarded by the Judge "shall be deemed to be costs in the cause: "If either party in any action for a penalty under this "Act feels aggrieved by the decision of the Court in point "of law, or on the merits, or in respect of the admission "or rejection of any evidence, he may appeal from that "decision to any of the Superior Courts of Common Law "at Westminster : "The appeal shall be in the form of a special case to "be agreed upon by both parties or their attornies, and "if they cannot agree, to be settled by the Judge of "The Court of Appeal may draw any inferences from the "Subject to the provisions of this section, all the enact- "Within the City of London and the liberties thereof, the It will be necessary to mention here one or two matters Owner of a factory prima but may prove facie liable, a servant responsible. Act, 1863, 8. 5. In the next place, at the trial, the owner of any alkali work who is charged with an offence against the Act may escape payment of penalties by proving that the offence alleged against him was in fact committed by some agent, &c., without his knowledge. On this subject "The Alkali Act, 1863," provides as follows:"The owner of any alkali work in which any offence against The Alkali "this Act has been proved to have been committed, and for "which a pecuniary penalty may be imposed, shall in every "case be deemed to have committed the offence, and shall be "liable to pay the penalty, unless he shall prove to the satis"faction of the Court before which any action shall be brought "for the recovery of such penalty that he has used due diligence to comply with and to enforce the execution of this Act, and that the offence in question was committed by some agent, servant, or workman, whom he shall charge by name "as the actual offender, without his knowledge, consent, or 66 66 VOL. II. 3 N Appeal. 66 66 ❝connivance, in which case such agent, servant, or workman 66 66 66 It will be noticed that section 14 of "The Alkali Act," which has just been set out, gives a right of appeal to either party and directs that such appeal shall be by special case. But it is apprehended that the appeal may now, under section 6 of "The County Courts Act, 1875" (f), be by motion. The practice on the appeal, whether it be made by way of special case or by way of motion, will be found fully described in the chapter on Appeals (g). (f) Set out ante, p. 574. (g) Ante, Book II. cap. xviii. p. 541 et seq. BOOK V.-DIVISION I. PROCEEDINGS UNDER SPECIAL STATUTES RELATING CHAPTER III. 66 JURISDICTION AND PROCEEDINGS UNDER THE HOSIERY MANUFACTURES (WAGES) ACT, 1874." 1874." "The Hosiery Manufacture (Wages) Act, 1874" (37 & 38 Objects of Vict. c. 48), is "An Act to provide for the payment of Wages "The Hosiery Manufactures without Stoppages in the Hosiery Manufacture." It recites, (Wages) Act, in the Preamble, that "a custom has prevailed among the "employers of artificers in the hosiery manufacture of letting "out frames and machinery to the artificers employed by them, "and it is desirable to prohibit such letting of frames and "machinery, and the stoppage of wages for frame rents and "charges in the hosiery manufacture." There were also certain "charges" (as they were called in the trade) which had existed before this Act, and which were for "winding," "lighting," "firing," "needles," and "mending"(a). These "charges" appear to be included in the prohibitions contained in the Act. In short it has been judicially stated that "the object of the legislature "is to prohibit all such deductions from the workmen's wages, "so that he might know what the clear sum was that he was "to receive at the week's end without being hampered with the question of frame-rent and other charges" (b). 66 : Short title. The enactment in question contains a section which gives a short title to the Act. Such section is as follows "This Act may be cited for all purposes as 'The Hosiery Manufac"Manufactures (Wages) Act, 1874."" 37 & 38 Vict. c. 48, 8. 9. The following interpretation clause is also contained in the Act: "Within the meaning and for the purposes of this Act, all (a) See Chaumer v. Cummings, 8 Q. B. 311, where the nature of these charges is fully explained. (b) Per Field, J., in Willis v. Thorp, L. R. 10 Q. B. 383, p. 388. tures (Wages) Act, 1874, |