Home >> Business Encyclopedia And Legal Adviser >> Marine Store Dealers to Offensive Trades >> Next Friend

Next Friend

hours, employed, employment, act, night, week, period, exceed and action

NEXT FRIEND is the name given to the person who prosecutes legal proceedings on behalf of a litigant infant, lunatic, or other person not sal juris. He requires no order from the Court to so act, hut before his name can be used in an action in the High Court as the next friend of an infant or other party, he must sign a written authority to the solicitor for that purpose, and this authority must be filed at the central office, or in the district registry if the cause is proceeding therein. It is he who has power to consent as to the mode of taking evidence, or as to any other procedure in the action. An infant defendant does not appear by a next friend, but by a guardian ad )item. No order for the appointment of such guardian is necessary, but the solicitor applying to enter the appearance must make and file a certain prescribed affidavit. A married woman cannot act either as next friend or guardian ad litem. No one can be made the next friend of a plaintiff under a disability without his own written consent. Should a next friend conduct an action improperly the Court has power to dismiss him from the suit. Any one who is asked to act as a next friend should remember that if he consents to act he will render himself personally liable to the defendant for the costs of the action. and of any unsuccessful or unnecessary application therein ; but he cannot be made to give security for costs, even if he is insolvent or impecuni ous, unless, perhaps, he is prosecuting an appeal. As a general rule he is prinui facie entitled to costs as between himself and the infant, but this rule is subject to important exceptions in many cases. hive ACTION.

NIGHT WORK,—The night employment of male young persons in factories and workshops is only lawful within the limits prescribed by the Factory and Workshop Act, 1901. It is specifically allowed by that Act in blast furnaces, iron mills, letterpress printing works, and paper mills, subject, however, to certain conditions in the case of youths not under the age of fourteen years. These conditions are—(a) The period of employment must not exceed twelve consecutive hours, and must begin and end at the hour specified in a certain statutory notice ; (b) The provisions of the Act relating to meal-times must be observed with the necessary modifications as to the hours at which they are fixed ; (c) A youth employed during any part of the night must not be employed during any part of the twelve hours preceding or succeeding the period of employment ; (d) He must not be employed on more than six nights or, in the case of blast furnaces or paper mills, seven nights in any two weeks; provided that this condition shall not prevent the employ ment of male young persons in three shifts of not more than eight hours each, if there is an interval of two unemployed shifts between each two shifts of employment ; and (c) lie must not be employed during the night in any process other than one incidental to the business of the factory as described in part 1 of the sixth schedule to the Act. The statutory provisions relating

to the period of employment on Saturday, and to the allowance to young persons of a hole or half-holidays, do not apply to a youth employed in day and night turns in compliance with the above conditions. Youths of the age of sixteen years and upwards may be employed by night in non-textile factories and workshops by special order of the Home Secretary ; but before making the order he must be satisfied that the employment is necessary by reason of the nature of the business requiring the process to be carried on throughout the night, and that the employ rent will not injure the health of the youths employed. In glass works a youth of fourteen years and upwards may work according to the accustomed hours of the works, if lie is employed in accordance w ith the follow ink; conditions :—(a) The total number of hours of the periods of employment must not exceed sixty in any one week ; (b) The periods of employment must not exceed fourteen 'hours in four separate turns per week, or twelve hours in five separate turns per week, or ten hours in six separate turns per week, or any less number of hours in the accustomed number of separate turns per week, so that the turns do not exceed nine hours; (c) He must not work in any turn without an interval of time not less than one full turn ; (d) He must not be employed continuously for more than five hours without an interval of at least half-an-hour for a meal ; and (c) He must not be employed on a Sunday. In newspaper printing works, where the process is carried on on not more than two nights in the week, a youth above the age of sixteen years may be employed at night during not more than two nights in a week, as if he were no longer a young person. But notwithstanding this provision, he must not be employed more than twelve hours in any consecutive period of twenty-four hours.

Intermittent employment.—It might also be noted that the provisions of the Act relating to the period of employment for women do not apply to flax scutch mills which are conducted on the system of not employing either young persons or children therein, and which are worked intermittently and for periods only which do not exceed in the whole six months in any year. But such a mill is not deemed to be conducted on that system until the occupier has served on a factory inspector a notice of his intention to conduct the mill on the system. See FACTORIES.