PENALTIES under the Factory Act. —For not ketping a fitctory or workslwp in conformity with the the occupier is liable to a fine not ex ceeding X10, and, in the case of a second or subsequent conviction in relation to a factory within two years from the last conviction for the same offence, to a fine of not less than ,E1 for each offence. In addition to inflicting a fine the Court 'nay order nieans to be adopted by the occupier for the purpose of bringing his premises into conformity with the Act. Death or injury.-1f, as a ronsequence of not so keeping his factory or workshop in conformity with the Act, a death, or bodily injury, or injury to health has taken place, then the fine imposed upon the occupier may be increased to.1100. The whole or any part of this fine may be applied for the benefit of the injured person or his family, or otherwise, as the Home Secretary may determine. In the case of injury to health the occupier is not liable unless the injury was caused directly by the neglect. Nor is he liable if an information against him for not observing the regulation to the breach of v,hich the death or injury was attributable has been heard and dismissed previous to the time when the death or Nury was inflicted. For wrongfid etnployment.—There are various fines imposed upon the occupier in cases where workpcople have been employed in contravention of the provisions of the Act ; and even the parent of a, young person or child can be fined in respect of any such offence, unless it appears to the Court that the offence was committed without the consent, con nivance, or wilful default of the parent. Forforgery of certificates, false entries, false declarations, and kindred offences, an offender not only incurs a heavy fine, but is also liable to imprisonment for a term not exceeding three months, with or without hard labour. liespotaibility for qffences committed by others.— Where an offence for which the occupier of a factory or workshop is liable to a fine has in fact been committed by some agent, servant, workman, or other person, that agent or other person is liable to the like fine as if he were the occupier. And where the occupier is charged with an offence, he is entitled,
npon laying an information, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge. And that other person will be sutnmarily convicted of the offence, and the occupier will be exempt from the fine if, after the commission of the offence has been proved, the occupier can satisfy the Court—(a) that he has used due diligence to enforce the execution of the Act ; and (b) that the tiler person had committed the offence in question without his knowledge, consent, or connivance. But proceedings can be taken against the actual offender in the first place, without proceeding against the occupier, if the inspector is satisfied that the occupier has used all due diligence to enforce the execution of the Act, and as to the identity of the actual offender, and that the offence was com mitted without the knowledge, consent, or connivance of the occupier, and in contravention of his orders. The owner of a machine may be liable in certain cases instead of the occupier. a young person or child is, in the opinion of the Court, apparently of the age alleged by the informant, it lies on the defendant to prove that the young person or child is, in fact, not of that age. There is a limit prescribed with regard to cumulative fines, and also an appeal to Quarter Sessions from a conviction or order made by magistrates. An information must be laid within three months after the date at which the offence collies to the knowledge of the inTector, or, in the case of an inquest being held in relation to the offiice, then within two months after the conclusion of the inquest, so, however, that it be not laid after the expiration of six months from the commission of the offence. See FACTORIES AND WORKSHOPS.