« EelmineJätka »
A.D. 1878. A justice of the peace, if satisfied by information on oath that
there is reasonable cause to suppose that any enactment of this
accordingly. Certificates 69. Every inspector under this Act shall be furnished with the of appoint- prescribed certificate of his appointment, and on applying for inspectors. admission to a factory or workshop shall, if required, produce to 30 & 31 Vict. 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.
c, 103. s. 11. c. 146. s. 20.
(2.) Certifying Surgeons. Appointment 70. Subject to such regulations as may be from time to time of certifying made by a Secretary of State, an inspector may from time to time surgeons. See 7 & 8 appoint a sufficient number of duly registered medical practitioners 25 Vict. c. 15.
to be certifying surgeons for the purposes of this Act, and may ss. 8,
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.
30 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.
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. Regulations as to the
71. A certificate of fitness for employment shall not be granted
for the purposes of this Act, except upon personal examination of 40 certificates of fitness. the person named therein. See 7 & 8
A certifying surgeon shall not examine a child or young person s. 10, 11.
for the purposes of a certificate of fitness for employment, or sign
Vict. c. 15.
c. 15. s. 13.
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.
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 tifying surfor employment for, children and young persons in factories or examination
of children workshops the following provisions shall have effect : (1.) The occupier may agree with the certifying surgeon as to persons. the amount of such fees :
7 & 8 Vict. 15 (2.) In the absence of any such agreement the fees shall be those named in the following scale ;
28. 6d. for each visit When the examination is at a
and 6d. for each perfactory or workshop not ex
son after the first five ceeding one mile from the 20
examined at that surgeon's residence ;
visit. When the examination is at a
The above fees and an
additional 6d, for each
complete half mile
over and above the
mile. When the examination is not7
at the factory or workshop
but at the residence of the ! 30
surgeon, or at some place
for 6d. for each person
appointed for the purpose 35
shall be published in the
surgeon signs the certificates, or at any other time directed
by an inspector: 40 (4.) The occupier may deduct the fee or any part thereof, not
exceeding in any case threepence, from the wages of the
person for whom the certificate was granted :
expedient, alter any fees fixed by this section.
(3.) Miscellaneous. Notice of factory to 73. Every person shall, within one month after he begins to be given to occupy a factory, serve on an inspector a written notice containinspector. 7 & 8 Vict. ing the name of the factory, the place where it is situate, the c. 15. ss. 7,61. 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 74. Where an inspector, by notice in writing, names a public 10 of hours by clock, or some other clock open to public view, for the purpose of 7 & 8 Vict. regulating the period of employment in a factory or workshop, the c. 15. s. 26. 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. Registers to
75. The occupier of every factory and workshop to which this be kept in
section applies shall keep in the prescribed form and with the a factory or workshop. prescribed particulars registers of the children and young persons 7 & 8 Vict, employed in that factory or workshop, and of their employment, 20 c. 15. ss. 9,27,
and of other matters under this Act.
The occupier of a factory or workshop shall send to an inspector c. 117. s. 2., 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 33 & 34 Vict. c. 62. sch. 8. duties under this Act.
25 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 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. Affixing in 76. There shall be affixed at the entrance of a factory and a 40 factory or
workshop, and in such other parts thereof as an inspector for
c. 44. 8. 9.
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 5 (2.) A notice of the name and address of the prescribed inspector; Vict. c. 15. and
88. 28, 64. (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 em- 37 & 38 Vict. 10
ployment and times for meals in the factory or workshop
are regulated; and
affixed in the factory or workshop.
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 service of
notices and 20 Any notice order requisition summons and document required documents,
or authorised to be served or sent for the purposes of this Act may See 7 & 8 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
in such factory or workshop; it may also be served or sent by post
letter containing the same would be delivered in the ordinary course
to prove that it was properly addressed and put into the post; and
addressed to the occupier of such factory or workshop at the factory
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 factories and
workshops. 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
with Act. See 7 & 8 Vict. c. 15. ss. 58-60.
A.D. 1878. kept for sale, and such Act shall apply accordingly, and every in
spector of, or other person authorised to inspect or examine,
(4.) Fines. Fine for
79. If a factory or workshop is not kept in conformity with this 10 not keeping factory or
Act, the occupier thereof shall be liable to a fine not exceeding ten workshop in pounds. conformity
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 ; c. 38. s. 5. 26 & 27 Vict.
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 27.& 28 Vict
. subsequent order, the order is not complied with, the occupier shall 30 & 31 Vict
. be liable to a fine not exceeding one pound for every day that such 20 c. 103. s. 9. non-compliance continues.
80. If any person is killed or suffers any bodily injury in conpensation to
sequence 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 of fence to
fenced, or in consequence of the occupier of a factory or workshop 25 machinery.
having neglected to fence any vat, pan, or other structure required
Provided that the occupier of a factory shall not be liable to a
fine under this section, if an information against him for not Fine for
fencing the part of the machinery by which the bodily injury was employing inflicted has been heard and dismissed previous to the time when 35 children,
the bodily injury was inflicted. young
8). 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
See 7 & 8
Act. See 7 & 8 Vict. c. 15. ss. 36, 56, 64, 65. 13 & 14 Vict. c. 54. s. 8. 30 & 31 Vict. c. 146, s. 7. 37 & 38 Vict. c. 44. s. 8.