The Express.
London, England, 1849-12-27 00:00:00

Ste Court.

WINDSOR, Dec. 26.
The Queen and Prince Albert took their usual
morning walk.
The royal family took walking exercise in Ns* grounds ad-
jacent to the cultic
His Royal Highness Primo Albert went out shooting this
looming, attended by Lord Elphinstone, Colonel Berkeley
Dranunond, Lord Alfred Paget, and Colonel Bonverie.
There is no addition to the royal dinner party this
evening.

- _
The Hon. Henry Fitzroy had an inter view with
Sir George Grey yesterday at the Horne-o See.
Lord and Lady John Rao& returned to Pembroke-
lodgeLltichisond-park, yesterday, from a visit to the Marquis
and Marchioness of Lanedowse at Bowooditark, Wilts.
Despatches were received yesterday at the Colonial-
°elm from the Governon of Hong Yong, Ceylon, the
Mauritius, and Malta. Dimino:bee were al.* received on
Tuesday at the Colosialeace from the Governors of the
from the Governors of the
North Americas provisoes, and
Wen India edgings.

RIMILIMENTATION OP SHOREHAM.—The nomina-
tion is fixed to take place to-morrow. Since the retirement
et Mr. Shelley no other liberal candidate has offered him-
self. and in all probability Lora Alexander Lennox, who is
1 a protectionist, will be returned without opposition.

THE
MANUFACTURING DISTRICTS,

(From the Doily New.
Merecanarea, Dee. 26.
The question of working relays in factories con-
tinues to excite considerable attention here, and a judgment
by the magistrates of Salford in favour of the system was de-
livered this morning. after having taken considerable time to
consider the matter. It is about five or six weeks since the
information a as laid by Mr. Horner, the magistrates present
being Mr. Trafford and Mr. Brandt, both of them gentlemen
educated to the bar, and whose opinions are looked upon as
having mach weight. Mr. Brandt was for many years
lender of the Quarter Sessions' bar in this division of the
county, and is now judge of the County Court. Mr. Wilson
and other manufacturers were the defendants, and the pro-
secution was conducted by Mr. R. B. B. Cobbett, solicitor ;
whilst Mr. Earle, solicitor, was for the defendants. On the
eteardon referred to the magistrates requested that instead of
going into the arguments orally, the parties would submit
them is writing, and this was readily acceded to by both
sides. The facts proved were that the defendants had not
employed their young people more than ten hours per day ;
bur the prose vale° contended that constructively, and ha,
Mg regard to the act of parliament, the work-people were
employed more than ten hours—that is, reckoning from the
starting of the mills each morning ; and that, consequently.
they had committed a breach law. In fact,it was the
old question over again, of of the
whether the manufacturer, by
giving his young people an bout's or two hours' leave of
absence during the day, nod employing other young persons
in their absence, can be allowed to work his machieery and
his adult workpeople more than ten hours per dry. Mr.
Trafford, one of the magistrates, read over this morning, at
the Salford Borough Court, the following judgment, which
be and his brother magistrate had arrived at :
The questions raised before us in this ease were—let.
Whether the hours of working of all adult females and young
propos in a mill are not only to commence and end at the
same time, but aro also to be identical thronphout the day,
no that when at an geriod of the day any one of such pr-
cos seas is working, alit e others are to be conclusively assumed
to be working also ; or whether the requisitions of the am (7
8 Viet., c. 16) being complied with as to the commuter 1,
Rent and ending of the work, and the times of mealy'
the intervening hours may be so distributed as to pro-
em more than ten hours' work from such per-
emu, although no individual should work more than tea
hears.-20d. Whether a notice in the form required la
the schedule, but adding thereto the names or classes of
individuals, so es to carry the above arrangements into I
effect, is a good notice within the statute. This case hat been
already argued before as; and on that hearing we had de-
termined to defer giving our decision until we bad fully
weasidered all the points, both on account of the difficulty of
the question, and because we were aware that conflicting
decisions had been come to by different benches of megie-
traces. On that occasion it was agreed between the parties
that the opinions of several warned counsel, which had bees
obtained, should be submitted tons, not to bind our jade-
lamas, but to assist us by their views and arguments in CM-
*to a right decision on the subject Those cases and opi-
alone after having been reciprocally shown to each party,
have been 1 rid before us, together with the comments of the
respective advocates. All these we have read and cool-
' tined. The first and obvious reflection arising from these
games is. that the statute is so obscure, that many learned men
have differed it the construction of it; and the statute being
penel, that consideration alone might probably justify a
magistrate in declining to convict under it ; but as this
lunch is now composed of members of the legal
profession, we think ourselves bound to decide the case ao-
seeding to our own judgment. theqry is, what are the
objects of the statute, and what is meaning of the par-
ticular enactments, such objects and meaning to be deduced
from the whole scope and language of the statute, as evinced
by the words of it, and not from anything extrinsive. The
general and main object of the act is to prevent young per-
sons from working more than ten hours a day ; another
object is to afford such persons the m ans of knowing that
they are not worked beyond that time; and a third object is
to enable the inspectors to detect any infringement of the act.
Now in the cause before us, it was not pretended that any
all of the young persons had actually worked more Mantes
bean; but it was contended that by the right construction
of the act, and in prmuception of law. all the young people I
had worked more than ten hours. For that by taking notice
of the hours of beginning and ending work, and tied=
the meal time, the whole of the remainder of the
which would exceed ten hours must be presumed to
be employed in working by all the young pumas,
and that the fact and the published notice of the
fact of some heeds being at rest, while others were working,
must be disregarded ; in other words, that the hours ot
work of all the young persons must be identical, and that
if some are working, the rat must be presumed to be work-
ing else. That proposition is not aiscussed very fully in theopinionssubmitted to us, except by one counsel, who, in •
very able opinion, contends for the affirmative, and to some
extent also by another, who intimates the same opinion,
though not so 'trongly. There are several able counsel on
the other side, who give their opinions in the neptive' with-
out however going much into reasoning on the subject; we'
have therefore directed our attention to the question, who.
Cher there is any express easement, or any irresistible in.
Witilment that the times of working of all the hands must
Identical. There is not any express enactment. But
smarm 26 and 62 are referred to, as showing
OS manifest intent of the act. We are agreed
that the construction of these sections (which we believe
OM put on them by the learned magistrate in the borough
WI Manchester) is right, viz., that the hours of working of all
the young persons in a mill are to be reckoned eons the
earliest hoer at which say one young person begins to work,
and we form that opinion from the express words of thou
motions. But although we know that practically all the
bean between beginning and ending work are dedicated to
week and meals, yet we do not find any expressions which
would deprive a muter of the right of devoting some hour
to recreation beyond the meal time, it he chose ; and, there-
fore, we hesitate to say that such a distribution of the inter-
mediate hours as was carried into effect in this case may not
legally be made. But it is said such a prohibition is to be
Warred from the word " reckoned," and the context, and
also from the form of the notice in the schedule. We mania
me clearly that the word cited must necessarily have such
a meaning; but certainly the form iG the schedule
doss seem strongly to tend to that inference, and
aimeds the strongest ground that we can find in the act for
wash an inference; and, unquestionably, if we are asked
what was the meaning of those who framed the statute, we
might admit that most probably they contemplated only one
set of working hours fn all the hands. But we cannot admit
that such intention is expressed in terms so clear as to justify
a eonvOion. We are inclined to think the form of nodes is
not binding to the letter ; but that if all its substantial requi-
sites be complied with, it may be added to and explained so
SS to describe the actual state of facts. In forming our opinion,
we have in some measure taken into consideration that this
is a penal statute, end on that account it would require to be
construed with strictness ; but we have not forgotten that it is
hat
ere
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satne liberalitytrehotniguehsefsaiutobyphuo:
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Pre sot
fer is
said to be forbidden by intendment, and which is only
enacted, if at all, for the pumas of more easily detecting
offenders against the main provisions of the act. Seeing,
therefore, the great difference of opinion among learned
men, and feeling ourselves some doubt, not so much of the
intuit of the statute is of the sufficiency of the terms em-
ployed to carry out the intent, and re • that it is a
penal statute, we think it the right course to refuse to con-
vict either on the one charge or the other.
It seems likely that the question will soon come in some
shape or other before one of the superior courts for final
settlement. • short time ego, Mr. David Mills, of Hey-
wood, was convicted before the magistrates of that town-
ship of a breath of the Factory Act by working relays, and
was fined 61. Mr. F. Robinson, solicitor, appeared at the
New Bailey Court-house, Salford, to offer recognisance. en
behalf of Kr. Mills to appeal at the sessions„ and is was
stated that the appellant and respondent had agreed upon a
special case, and would appeal to the Court of Exchequer
next term.

REVOLUTIONARY SPIRIT OP THE MEDICAL PRO-
rumors —The annual report of the Medical Ansociation is
the Grand Duchy of Baden exhibits some very curious facts
which clearly show that in Baden at least tae members of
flu medical profession are animated by a highly revolutionary
spirit. The report save that no lees than 40 medical praati-
tionen and 20 apothecaries have been compelled to fly the
country, In consequence of the prominent positions they me-
copied in the recent affair in the grand duchy. There are
only MO medical practitioners in Baden, and if to the 40
exiles are added the 16 primates who are confined for the
same ahem, it will at once basses that a sixth of the whole
number took a sufficiently part in the revolution
to render themselves the of porematiem How many
other members of the preisisa played alms prominent pert
the report does not mention.