42 GEO. 3, c. 73.

Penalty for obstructing visitors.

Copies of

affixed in

the nature and probable effects of such disorder, and for applying such remedies and recommending such regulations as the said physician, or other competent medical person, shall think most proper for preventing the spreading of the infection and for restoring the health of the sick; and that such physician, or other competent medical person, shall report to such visitors, or either of them, as often as they shall be required so to do, their opinion in writing of the nature, progress, and present state of the disorder, together with its probable effects; and that any expenses incurred in consequence of the provisions aforesaid for medical assistance shall be discharged by the master or mistress of such mill or factory (m).

XI. And be it further enacted, that if any person or persons shall oppose or molest any of the said visitors in the execution of the powers intrusted to them by this Act, every such person or persons shall for every such offence forfeit and pay any sum not exceeding ten pounds nor less than five pounds (n).

XII. And be it further enacted, that the this Act to be master or mistress of every such mill or factory shall cause printed or written copies of this Act to be hung up and affixed in two or more conspicuous places in such mill or factory, and shall cause the same to be constantly kept and renewed, so that they may at all times be legible

two conspicuous places of such mills or factories.

(m) As to the sanitary provisions now in force, see 27 & 28 Vict. c. 48, s. 4, and the notes there, post.

(n) There are similar provisions in the Factory Acts for the purpose of protecting inspectors and sub-inspectors in the execution of their duties. Post, 7 & 8 Vict. c. 15, ss. 61, 62.

As to the mode in which the penalties are now recoverable, see n. (s), infra.

and accessible to all persons employed there- 42 GEO. 3, in (0).

c. 73.

offending

Act.

XIII. And be it further enacted, that every Fenalty on master or mistress of any such mill or factory masters who shall wilfully act contrary to or offend against against this any of the provisions of this Act shall for such offence (except where otherwise directed), forfeit and pay any sum not exceeding five pounds nor less than forty shillings, at the discretion of the justices before whom such offender shall be convicted as after mentioned (p), one half whereof shall be paid to the informer, and the other half to the overseers of the poor in England and Ireland, and to the minister and elders in Scotland, of the parish or place where such offence shall be committed, to be by them applied in aid of the poor rate, in England and Ireland, and for the benefit of the poor in Scotland, of such parish or place: Provided always, that all informations for offences against this Act, shall be laid within one calendar month after the offence committed, and not afterwards (q).

em

ber of per

Fons to be

XIV. And be it further enacted, that every mills or tacsuch master or mistress shall, at the Epiphany Dying a Sessions in every year, make, or cause to be made, certam numan entry in a book to be kept for that purpose by the clerk of the peace of the county, riding, or entered in a division in which any mill or factory shall be by the clerk situate, of every such mill or factory occupied by of the peace, him or her wherein three or more apprentices or receive 28.

book kept

who shall

(0) See the similar provision of "The Factory Act, 1844," s. 28, post.

(p) As to the mode of recovering penalties under this Act, see n. (s), infra.

(9) The time limited for making complaints under the subsequent Acts is two calendar months, see 7 & 8 Vict. c. 15, s. 14, post.

sxsi be employed (r), shall receive for

shillings and

zatel that all offences edder this Act,

Two or more

e for the place ed; and all

is dat imposed, and At

the conviction of stall and may be fender's goods hami and seal the peace acting 213 Evision, or be committed, the party or virana soch jusmi sced to finder either by

Joe Cr more

c. 73.

ceeding two calendar months, unless the said 42 GEO. 3, penalty, forfeiture, and costs shall respectively be sooner paid and satisfied (s): Provided always, that no warrant of distress shall be issued for levying any such penalty, forfeiture, or costs, until six days after the offender shall have been convicted, and an order made upon him or her for payment thereof; and no such conviction shall be removable by certiorari or Bill of Advocation into any Court whatsoever (†).

XVI. And be it further enacted (u), that every such conviction before such justices may be made in the following form; to wit,

'County of

• the year

conviction.

Be it remembered, that on Form of to wit, the day of

in

A. B. was, upon the complaint

' of C. D., convicted before

• of

[or, for

' of the justices of the peace for the said county of or in the said county of as the case shall happen to be], in pursuance of an Act, passed in the forty-second year of the reign of his Majesty King George the Third, for [or, as the case may be]. Given 'under our hands and seals, the day and year ' above written.'

(8) The proceedings for the recovery of these penalties may now be taken under 11 & 12 Vict. c. 43 ("Jervis' Act") as far as England and Wales are concerned; for the clause of that Act (s. 35) which had saved from its operation proceedings under the Acts relating to factories is now repealed. 34 & 35 Vict. c. 104, s. 11, post.

(t) As to the right of appeal and removal by certiorari under the subsequent Acts, see post, 7 & 8 Vict. c. 15, s. 69.

(u) See n. (s) to the last section. This section so far as it relates to Ireland is repealed. 35 & 36 Vict. c. 63 (The Statute Law Revision Act, 1872.)

c. 73.

42 GBO. 3, twenty or more other persons, shall be employed (r), and the said clerk of the peace shall receive for every such entry the sum of two shillings and

for each entry.

Penalties

and for

to be re

covered.

no more.

XV. And be it further enacted, that all offences feitures how for which any penalty is imposed under this Act, shall and may be heard before any two or more Justices of the Peace, acting in or for the place where the offence shall be committed; and all penalties and forfeitures by this Act imposed, and all costs and charges attending the conviction of any such offender or offenders, shall and may be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of any two or more justices of the peace acting for the county, stewartry, riding, division, or place where such offence shall be committed, rendering the overplus (if any) to the party or parties offending; and which warrant such justices are hereby empowered and required to grant, upon conviction of the offender, either by confession, or upon the oath of one or more credible witness or witnesses (which oath such justices are hereby empowered to administer); and in case such distress cannot be found, and such penalties, forfeitures, and costs shall not be forthwith paid, it shall and may be lawful for such justices, and they are hereby empowered and required, by warrant under their hands and seals, to commit such offender or offenders to the common gaol or house of correction of the county, stewartry, riding, division, or place where the offence shall be committed, for any time not ex

(r) See the corresponding enactment of 7 & 8 Vict. c. 15, s. 7, whereby persons beginning to occupy a factory are required to send a written notice thereof to the office of the factory inspectors,

London; post.