A.D. 1924. Evidence in summary proceedings. (4) Any proceedings for an offence against this Act before a court of summary jurisdiction may, notwithstanding any enactment prescribing the time within which such proceedings may be brought, be brought either within the time so prescribed or within three 5 months from the date on which evidence sufficient in the opinion of a Secretary of State to justify a prosecution for the offence comes to his knowledge, whichever is the longer, and for the purposes of this subsection a certificate purporting to be signed by the Secretary of State as 10 to the date on which such offence as aforesaid comes to his knowledge shall be conclusive evidence thereof. (5) A summary order may be made for the purposes of this Act by a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts. (6) All fines imposed in pursuance of this Act shall, save as otherwise expressly provided for by this Act, be paid into the Exchequer. 15 (7) Where a proceeding is taken before a court of summary jurisdiction with respect to an offence against 20 this Act alleged to be committed in or with reference to a factory, the occupier or owner of the factory, and a parent, son, daughter, brother, or sister of the occupier or owner of the factory, and a person engaged in, or being an officer of any association of persons engaged in, 25 the same trade or occupation as a person charged with the offence, shall not be qualified to act as a member of the court. (8) A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be 30 quashed for want of form, and a conviction or order made by a court of summary jurisdiction against which a person is authorised by this Act to appeal shall not be removed by certiorari or otherwise, either at the instance of the Crown or of any private person, into a superior court, 35 except for the purpose of the hearing and determination of a special case. 130.-(1) If a person is found in a factory at any time at which work is going on or the machinery is in motion he shall, until the contrary is proved, be deemed 40 for the purposes of this Act to have been then employed in the factory : Provided that this enactment shall not apply to a A.D. 1924. factory in which the only persons employed are members of the same family dwelling there. (2) Where in any proceedings under this Act with 5 respect to a child or a young person it appears to the court that that child or young person is apparently of or below the age alleged by the informant, it shall lie on the defendant to prove that the child or young person is not of or below that age. 10 15 20 25 131. Any notice, order, requisition, summons, and Service of document required or authorised to be served or sent for notices and the purposes of this Act- (a) may be served and sent by post, or by delivering documents, &c. of young persons under 18. 132. Where the age of any person under the age Certificate of of eighteen years is required to be ascertained or proved birth in case for the purposes of this Act any person shall on pre30 senting a written requisition in such form and containing such particulars as may be from time to time prescribed by the Minister of Health, and on payment of a fee of sixpence, be entitled to obtain a certified extract under the hand of a registrar or superintendent registrar of 35 the entry in the register under the Births and Deaths Registration Acts, 1836 to 1901, of the birth of that person; and such form of requisition shall on request be supplied without charge by every superintendent registrar and registrar of births, deaths, and marriages. 40 133. If any occupier of premises which have been Power of let as a factory is prevented by any agreement from county carrying out any structural or other alterations in the court to factory which are necessary to enable him to comply agreements. modify A.D. 1924. with the provisions of this Act or of any regulation or order made under this Act and is unable to obtain on reasonable terms the consent to those alterations of the person whose consent is necessary under the agreement, he may apply in accordance with rules of court to the 5 county court, and the court, after hearing the parties and any witnesses whom they desire to call, may make such an order setting aside or modifying the terms of the agreement as the court considers just and equitable in the circumstances of the case. 10 Power of county court to apportion expenses. Application of Arbitra tion Act, 1889. 52 & 53 Vict. c. 49. 134. Where in any premises which have been let as a factory any structural or other alterations are required in order to comply with the provisions of this Act or of any regulation or order made under this Act and the owner or occupier as the case may be alleges that the 15 whole or part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply in accordance with rules of court to the county court, and the court after hearing the parties and any witnesses whom they may desire to call, may make 20 such an order concerning the expenses or their apportionment as the court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the court may at the request of the owner or occupier 25 determine the lease. 135. The Arbitration Act, 1889, shall not apply to proceedings under this Act except in so far as it may be applied by regulations made under this Act. Factories to which Act applies. 136.-(1) Subject to the provisions of this section,The expression "factory " includes Any premises or place wherein or within the close or curtilage or precincts of which any 35 person is employed in manual labour by way of trade or for purposes of gain in or incidental to any of the following purposes, namely (i) the making of any article or of part of any article; or (ii) the altering, repairing, ornamenting, finishing, cleaning, or washing, or the breaking up or demolition of any article; or 40 5 10 15 20 25 30 35 40 45 (iii) the adapting for sale of any article; The expression "factory " also includes (with- (i) any premises in which electrical energy is generated or transformed for supply by way of trade or for the purposes of traction on any railway, tramway or other means of public conveyance, or for use in or in connexion with any other industrial or commercial undertaking, or for lighting of streets, public places or public buildings or institutions; but the application of this Act to transformer stations in which there is no moving machinery and in which no person is regularly employed shall be subject to such exemptions and modifications as the Secretary of State may by order direct; (ii) any yard or dry dock in which any ship is constructed, reconstructed, repaired, refitted or finished or broken up; (iii) any premises or place in which the business of sorting any material or articles is carried on as a preliminary to or for the purposes of the work carried on in any factory; (iv) any premises or place in which the business of filling bottles or containers or packing articles by way of trade is carried on; (v) any premises in which the hooking, lapping, making-up or packing of yarn or cloth is carried on; (vi) any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution; (vii) any premises or place in which locomotives vehicles or other plant for use for transport purposes are constructed, reconstructed, or repaired; (viii) any premises or place used in connection with a theatre for the making adaptation or repair of dresses or stage properties: A.D. 1924. A.D. 1924. The expression "tenement factory" means any A part of a factory may, with the approval in 15 (2) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute 20 the workplace a factory if the persons working therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the 25 factory and the persons working therein were persons employed in the factory. (3) Any premises in or adjacent to and belonging to a mine or quarry in which the only process carried on is a process ancillary to the getting, dressing and preparation 30 for sale of minerals shall not be deemed to be a factory. (4) Where part of a factory is solely used for some purpose which would not bring the place by itself within the definition of a factory and is not part of any accommodation provided for the persons employed in the factory 35 that place shall not be deemed to form part of the factory for the purposes of this Act, except that a place in which persons are employed in polishing, cleaning, wrapping or packing up goods shall be deemed to be part of the factory. (5) A place or premises shall not be excluded from the definition of a factory by reason only that the place or premises is or are in the open air. 40 |