The Commissioner of Trade and Customs shall have charge of the administration of this Act, and shall have the appointment, control, and direction of all officers and persons employed in carrying this Act into effect; and shall also have the powers, duties, and authorities by it imposed and conferred upon him.

The Governor may, by Proclamation in the Gazette, from time to time divide the colony into districts with such boundaries as he may think convenient.

In and by any such Proclamation the Governor may assign to any such district a name by which it shall be known for the purposes of this Act.

He may in like manner from time to time alter the boundaries of districts; but all districts defined under any Act hereby repealed, and in existence at the time of the passing of this Act, shall be deemed to have been proclaimed hereunder.

The Commissioner may from time to time appoint one duly qualified person to be Chief Inspector of Machinery, and for each district one or more duly qualified persons to be Inspectors of Machinery, and any such person or persons may remove from office; and in case of the death, resignation, or dismissal from office of any such person or persons, another or others in his place may appoint as occasion may require: Provided that any person may be appointed Inspector for two or more districts if the Commissioner thinks fit.

Every Inspector shall be furnished with a certificate in writing under the hand of the Commissioner to the effect that such Inspector has been appointed to be Inspector of Machinery for the district named therein; and on his entering upon any place or premises, or into any building, for any of the purposes in this Act mentioned, he shall, if required, produce the said certificate to the owner, occupier, or person in charge.

Every person who forges or counterfeits any such certificate, or makes use of any forged, counterfeited, or false certificate, or who falsely pretends to be an Inspector under this Act, shall be guilty of a misdemeanour, and be liable to be imprisoned for any period not exceeding three months, with or without hard labour.

The Chief Inspector shall within every district have all the powers of an Inspector in such district, and he may exercise such powers alone or in conjunction with any Inspector.

Every Inspector shall keep full minutes of all his proceedings, and shall at least twice in every year, or oftener if so required, report the same to the Chief Inspector, with such particulars and information as the Chief Inspector may require.

The several kinds and descriptions of machinery and articles mentioned in the First Schedule hereto shall he deemed to be machinery for the purposes of this Act.

The Governor, by Order in Council duly gazetted, may from time to time declare that any other kinds of machinery shall be machinery subject to the provisions of this Act; and in any such case, and from and after a date to be fixed by such Order in Council, the machinery therein mentioned shall be deemed to be machinery subject to the provisions of this Act.

He may in like manner from time to time declare that any kinds of machinery shall cease to be machinery subject to this Act.

Any person who may hereafter become the owner of any machinery declared to be subject to the provisions of this Act, shall within one month thereafter send to the Inspector of the district where the same may be, or in which it is intended to use, keep, or work the same, a notice stating the name of such owner, the place or town where such machinery is erected, kept, or intended to be used, the nature and kind of machinery, the nature and amount of the moving power.

Whenever any machinery shall be declared subject to the provisions of this Act, the owner thereof shall, within one month from the date of the coming into operation of the Order in Council rendering such machinery subject to this Act, give notice to the Inspector in like manner as hereinbefore provided.

Every person making default in giving any such notice as required by this section shall be liable to a penalty not exceeding ten pounds.

No child shall be employed in working or assisting to work at or with any machinery, and no such machinery, worked or propelled by steam power, shall at any time be left in charge or control of any person unless he is a male of at least eighteen years of age.

In case of a breach of any of the provisions of this section, the owner of any such machinery shall be liable to a penalty of not less than five pounds nor more than twenty pounds.

No young person under the age of fifteen years shall be allowed to clean any part of the gearing of any machinery while the same is in motion; and no such person shall be allowed to work between the fixed and traversing part of any self-acting machine, while the latter is in motion, by the action of the steamengine, water-wheel, or other mechanical power.

In case of a breach of any of the provisions of this section, the owner of any such machinery or of any such machine shall be liable to a penalty of not less than five pounds nor more than twenty pounds.

Every fly-wheel directly connected with the steam-engine or the waterwheel or other mechanical power, whether in the engine-house or not, every part of a steam-engine and water-wheel, and every hoist or teagle near to which children or young persons are liable to pass or be employed, shall be securely fenced, and every wheel-race not otherwise secured shall be fenced close to the edge of the wheel-race, and the said protection to each part shall not he removed while the parts required to be fenced are in motion by the action of the steam-engine, water-wheel, or other mechanical power.

In case of a breach of any of the provisions of this section, the owner of the several parts of the machinery or other mechanical powers herein mentioned shall be liable to a penalty not exceeding twenty pounds.

The provisions of the three last preceding sections shall be applicable to machinery of every kind, and to the parts of machinery therein mentioned, whether such machinery is hereby declared to be subject to the provisions of this Act, or may hereafter be declared to be subject thereto, or not.

But no such owner shall be liable to the penalty mentioned in the fifteenth section of this Act if the notice which he shall have received from an Inspector to fence as hereinafter provided shall have been cancelled as by this Act is provided, nor in case it shall be made to appear to the satisfaction of the Justices before whom any complaint on the prosecution for such penalty shall be heard that it was impossible to fence the several parts of machinery or mechanical powers therein mentioned.

Every Inspector is hereby empowered to enter into any building, place, or premises within his district wherein there may be placed or erected any machinery, whether the same may be declared to be subject to the provisions of this Act or not, or into or upon any place or premises where such machinery may be in use or working or may be kept, and such entry may be made at any time either by day or by night, and whether such machinery is in operation or working or not, and then and there to inspect and examine such machinery, and the appliances connected therewith or belonging thereto, in order that it may be ascertained whether the provisions of this Act have been complied with.

In making any such inspection as aforesaid, an Inspector may call to his aid any constable, or any person he may think competent to assist therein, and he may require the owner or person in charge of any such machinery to explain the working thereof, and may examine such owner or person as to the compliance with this Act in any particulars.

If any person shall wilfully impede any such Inspector in the execution of any part of his duty under this Act, or if any owner or person in charge of any such machine as last aforesaid shall refuse to give such explanation or information as aforesaid, every such person, and all persons aiding or assisting therein, shall for each offence be liable to a penalty of not less than five pounds nor more than twenty pounds.

Whenever an Inspector shall be of opinion that any machinery subject to the provisions of this Act, or that any driving-strap or band which he shall deem likely to cause bodily injury to any person engaged in the working thereof, is not securely fenced or otherwise sufficiently guarded, he shall give notice to the owner, specifying the part of the machinery he considers dangerous, according to the form in the Second Schedule to this Act, or to the effect thereof, and the owner shall sign a duplicate copy of such notice in acknowledgment of his having received it.

If the owner does not within a period of ten days from the service upon him of such notice comply with the terms thereof, or if he does not within the time limited by the next succeeding section make application in writing for referring the question of fencing the machinery to which the notice refers to arbitration as therein provided, and with the least possible delay appoint an arbitrator for the purpose therein mentioned, he shall he liable to a penalty of not less than ten pounds nor more than fifty pounds.

If the owner shall think fit, he may make a written application to the Inspector, at any time within seven days after he shall have received such notice as aforesaid, that two arbitrators skilled in the construction of the kind of machinery to which such notice refers shall be appointed; and thereupon the following provisions shall have effect:—

One of such arbitrators shall be named by the owner in the said application, and the other by the Inspector, with the least possible delay after he shall have received such application:

The arbitrators shall proceed to examine the machinery alleged to be dangerous within fourteen days of the appointment of the arbitrator named by the Inspector:

If the arbitrators so appointed shall not agree in opinion, the said arbitrators shall choose a third arbitrator possessing a similar knowledge of machinery:

If the said arbitrators, or any two of them, shall sign an opinion in writing, addressed to the Inspector of the district, that it is unnecessary or impossible to fence the machinery or strap or band alleged in the notice to be dangerous, the Inspector, on receipt of the same, shall cancel the said notice:

If the decision of such arbitrators shall be that it is unnecessary or impossible to fence the machinery so alleged to be dangerous, the expenses of such reference shall be paid as other expenses under this Act:

But if the decision of the arbitrators shall be that it is necessary and possible to fence the said machinery, then the expenses of the reference shall be paid by the owner, and shall be recoverable as penalties under this Act are recoverable.

If the opinion of the arbitrators shall be that it is possible and necessary to fence such machinery, it shall be the duty of the owner forthwith well and securely to fence and protect the same in a proper and substantial manner.

And if any such owner shall, for a period of one month after the service upon him, in the manner provided by this Act, of a notice from the Inspector in the form or to the effect in the Third Schedule hereto, neglect or fail so to fence and protect such machinery, he shall be liable to a penalty of not less than twenty pounds nor more than one hundred pounds.

All the powers of entry and inspection, and other powers and authorities conferred upon Inspectors, and all other powers, rights, duties, and authorities conferred upon or given to any person or persons, and all penalties imposed on any owner of machinery or other person under Part II. of this Act, shall, subject to the provisions hereinafter contained, be applicable and may be enforced in carrying this Part of this Act into effect.

It shall be the duty of the Chief Inspector to provide each Inspector with proper standards and tables of corrections by which all pressure gauges and salinometers can at any time be compared and tested, and also to provide each such Inspector with all other appliances necessary for carrying this Part of this Act into effect, and from time to time to issue to each Inspector such instructions and directions as he shall think fit:

Provided that no such instructions or directions shall he inconsistent with this Act or any regulations made hereunder.

On the first inspection of any boiler the Inspector shall make and keep a complete record of all particulars which may be necessary to ascertain the state and condition of such boiler.

Such record shall contain particulars respecting the nature and construction of the boiler, the name of the maker, the pressure which such boiler is calculated to sustain, the mode of working the same, and generally as to the state and condition thereof, and of all appliances used in connection therewith, and the fitness thereof for the particular purpose to which it is applied.

On each subsequent occasion on which he shall inspect any boiler, the Inspector shall carefully make a comparison with such standards as aforesaid, and shall record any changes which may have occurred since the previous inspection:

If any change or alteration has been made in such boiler or any repairs effected therein, he shall duly record the same in such manner as may be prescribed by any regulations made hereunder:

If no change, or no material change, has occurred in the state and condition of such boiler, he shall also record the fact in manner aforesaid.

Each Inspector shall be supplied with a record-book, to be kept by him in such manner as may be prescribed by regulations to be made under this Act.

Such books shall be open to inspection at such Resident Magistrate’s Court, or other convenient place in the district as may be appointed for that purpose by the Commissioner from time to time, by any person or persons, without any fee or reward; but no person other than an owner of the particular boiler shall be entitled to an extract or copy of any entry affecting such boiler.

If any such Inspector shall fail to keep such record-book in the manner he may be required, he shall be liable to forfeit his office, and in addition thereto be liable to a penalty of not less than twenty pounds nor more than one hundred pounds.

All boilers shall be inspected at least once in every year, or oftener as occasion shall require:

Provided that the Governor may, on such conditions and restrictions as he may think fit, direct that any class of boilers shall only be inspected once in every two years; but this provision shall not restrict or prohibit inspection if the certificate granted in respect of any boiler of such class shall be for a less period than two years.

Inspection of boilers may be made at any time in the day-time at all reasonable hours, and so as not unnecessarily to impede the working or use of any boiler, unless the Inspector shall see fit to exercise the powers hereinafter conferred upon him.

If upon any inspection it shall appear to the Inspector that any boiler is unsafe, or that it would be dangerous to life or property if such boiler were to continue to be used in its then state, it shall be lawful for such Inspector to give to the owner of such boiler a notice in the form or to the effect set forth in the Fourth Schedule hereto, and such notice may either require such owner—

To wholly desist from working or using the boiler, from a period to be fixed in such notice, until certain repairs or alterations to be stated in the notice shall have been effected; or

To partially desist from working or using such boiler, from such a period as aforesaid, except at a minimum pressure to be stated in such notice, until any repairs or alterations to be mentioned in such notice shall have been effected.

And if any person to or upon whom any such notice shall have been delivered or served as hereinafter provided, shall for a period exceeding that which shall be set forth by the Inspector in such notice, fail either wholly or partially, to desist from working such boiler, according to the exigency of such notice, such person shall be liable to a penalty of not less than twenty pounds nor more than one hundred pounds.

The provisions of sections twenty, twenty-one, and twenty-two hereof, and the forms therein mentioned, shall be applicable as far as circumstances will admit to the notices specified in the last preceding section, and to the liability of the person to or upon whom any such notice shall have been delivered or served, as fully and effectually as if the said sections had been re-enacted and made specially applicable to the cases mentioned in such last preceding section.

Whenever the owner of any boiler shall have effected any repairs to any boiler, or shall have added to or taken away from any boiler any fittings or appliances of any kind whatsoever, or in any manner altered the construction thereof, he shall forthwith give notice thereof to the Inspector of the district.

If any person shall fail to comply with the provisions of this section, he shall be liable to a penalty not exceeding twenty pounds: Provided that this section shall not extend to cases where repairs have been effected in accordance with a notice to effect repairs given by any Inspector under the powers herein-before contained.

No person under the age of eighteen years shall have charge of or be allowed to exercise sole control over any boiler.

If the owner of any boiler shall knowingly permit or suffer a breach of this provision he shall be liable to a penalty not exceeding twenty pounds.

Any person who by any means whatsoever knowingly or wilfully does anything to increase or that tends to increase the pressure in any boiler beyond that stated in the certificate granted by an Inspector under this Act and then in force, and any person who aids or abets or assists in aiding or abetting in increasing the pressure as aforesaid, or procures such pressure to be increased, shall be guilty of a misdemeanour.

The person in charge of any boiler at the time such increased pressure shall be discovered, or who, finding the same in a state of increased pressure, shall allow the same to continue at such increased pressure, shall be deemed primâ, facie to have committed an offence within the meaning of this section.

Not less than twice in every year each Inpector shall prepare and forward to the Chief Inspector a full and true abtract or return of all boilers inspected by him during the preceding half-year; and such abstract shall contain all such particulars and be in such form as may from time to time be prescribed by any regulations made under this Act.

There shall be paid to each Inspector, on behalf of Her Majesty, or to such other person as may be prescribed by any regulations made under this Act, on making any inspection of machinery or of any boiler, or before grant of any certificate as hereinafter provided, the fees prescribed in the Fifth Schedule hereto:

Provided that the Governor shall have power from time to time to diminish the amount of such fees as he shall think fit, by warrant duly gazetted.

No Inspector shall make any charge for any inspection over and above the amount prescribed for the time being in respect of the kind of boiler or machinery for the inspection of which the same respectively is payable.

If any such Inspector shall knowingly accept or charge any fee, or receive any sum of money over and above the charges by law established, he shall be liable forthwith to forfeiture of his office, and in addition to a penalty not exceeding fifty pounds.

Whenever any Inspector shall have inspected any boiler or machinery, and shall be satisfied—

In the case of a boiler, that the same is in good repair and may be safely used for the purpose for which it is then used;

And in the case of any other machinery, that the same is securely fenced and guarded;

he shall give to the owner thereof a certificate in the form or to the effect in the Sixth Schedule hereto.

The owner, after receiving such certificate, shall cause to be affixed on some conspicuous part of such boiler or machinery as may be approved by the Inspector a metal plate bearing the words in legible characters hereinafter mentioned:—

In the case of a boiler: “Certified under ‘The Inspection of Machinery Act, 1882 pressure lbs.,” stating thereon the pressure mentioned in the certificate granted under this Act:

In the case of machinery: “Certified under ‘The Inspection of Machinery Act, 1882.’”

If any person shall cause such plate to be affixed without having obtained such certificate as aforesaid, or if the owner of such boiler or machinery shall neglect to keep any such plate so affixed so long as any certificate granted in respect thereof shall remain in force, such person or owner shall in such case be liable to a penalty not exceeding fifty pounds.

The certificate granted to the owner of any machinery or boiler shall be exhibited in some conspicuous place, to be determined by the Inspector, where it can be seen by all persons working at or with any such machinery or boiler; and any person neglecting so to exhibit such certificate shall be liable to a penalty not exceeding twenty pounds.

The certificate to be granted to the owner of any boiler shall remain in force for any period the Inspector shall think fit not exceeding one year, which period shall be stated on the certificate.

Where the certificate is granted in respect of any boiler brought within the provisions of section twenty-nine then the certificate may be granted for any period not exceeding two years.

Any certificate granted before the passing of this Act shall remain in forcé for one year after the date of issue of the same, and the certificate to be granted to the owner of any machinery shall remain in force so long as no material alteration or addition is made in or to such machinery, and the same continues to be kept securely fenced and guarded; Provided that the Inspector shall have power to cancel or suspend any certificate granted to the owner of any boiler or machinery in any case where he may deem it necessary for the purpose of giving due effect to this Act.

Any owner working or using any boiler or machinery in respect of which a certificate shall not have been granted, or for which a certificate shall not be in force under this Act, shall be liable to a penalty not exceeding one hundred pounds.

No proceeding shall be commenced or prosecuted for a breach of this section except by an Inspector or a person holding the written consent of such Inspector first obtained.

Whenever any person shall sell or absolutely dispose of any boiler or machinery to any person, the seller shall forthwith give notice to the Inspector, stating the name, occupation, and abode of the person to whom such sale or disposition shall have been made.

Whenever any such boiler or machinery shall he let to hire, or for a certain term, or to be returned to the owner, a similar notice shall in every such case be given to the Inspector by the lessor or owner of such machinery in manner aforesaid.

In either of the cases hereinbefore mentioned, if default shall be made in giving any such notice, the person offending shall be liable to a penalty not exceeding ten pounds.

The owner of any boiler or machinery in respect of which an offence has been committed against this Act, and for which a pecuniary penalty may be imposed, shall in every case (save as hereinafter provided) be deemed in the first instance to have committed the offence, and shall be liable to pay the penalty; but any owner who shall have been proceeded against by any Inspector shall be entitled, upon complaint or information duly made by such owner, to have any agent, servant, or workman brought before the Justices at the time appointed for hearing the complaint made against him by the Inspector.

If, after the commission of the offence has been proved, the owner shall prove to the satisfaction of the Justices that he had used due diligence to enforce the execution of this Act, and that the said agent, servant, or workman had committed the fact in question without his knowledge, consent, or connivance, the said agent, servant, or workman shall be convicted of such offence, and shall pay the penalty instead of the owner; and the payment of such penalty and costs shall be enforced against the agent, servant, or workman in like manner as penalties are made recoverable by this Act.

No person shall be liable to the provisions of this Act as an owner of machinery or a boiler unless such machinery or boiler shall be under his immediate power or control; nor shall any mortgagee of any machinery or boiler be liable as hereinbefore mentioned unless he shall be in actual possession thereof or have the same under his immediate power or control.

For the purposes of this section the words “immediate power or control” shall mean where any machinery or a boiler is worked or used by the owner of such machinery personally, or his agents, servants, or others, under his orders or directions and for his benefit or profit.

But nothing herein contained shall exempt any corporate body from any liability under this Act by reason only that any such machinery or boiler is under the control of any directors, secretary, manager, or other person or persons whomsoever, elected or employed by any such corporate body for the benefit of or on behalf of such body.

In any case where it shall appear to an Inspector at the time of discovering the offence that the owner had used all due diligence to enforce the execution of this Act, and also by what person the offence had been committed, and also that it had been committed without the personal knowledge, consent, or connivance of the owner, and in contravention of his orders, then the Inspector may proceed against the person whom he shall believe to be the actual offender in the first instance, without first proceeding against the owner.

Where an Inspector intends to prefer a complaint against an owner of machinery that a child or young person has been employed in the management or in the working or control thereof, as the case may be, or that any part of the machinery, hoist, or teagle, or any wheel-race, is not securely fenced and protected, he shall give ten days’ notice previous to the day fixed for hearing the complaint; and if the party complained against intend to bring forward any person skilled in the construction of the machinery as a witness at the hearing of the case, he shall give notice of such intention to the Inspector who shall be the complainant at least forty-eight hours prior to the hearing of the case.

Whenever loss of life or serious bodily injury to any person by reason of the explosion of any boiler, or by reason of any accident caused by any machinery, shall have happened in any building, place, or premises in which or whereon there shall be any boiler or machinery of any kind (whether subject to the provisions of this Act or not), the owner of such boiler or machinery shall within twenty-four hours thereafter send notice to the Inspector for the district where such accident may have happened, specifying in such notice the cause of such accident, and shall cause such notice to be delivered at the office or usual place of residence of such Inspector.

Every owner who neglects to send or deliver such notice as aforesaid shall he liable to a penalty of not less than ten pounds and not exceeding twenty pounds.

In the event of any accident happening to any machinery or boiler, whether such machinery or boiler comes under the provisions of this Act or not, or where, by reason of any such accident, any loss of life shall have happened or serious bodily injury shall have occurred to any person, the Commissioner may direct an inquiry to be held before any Resident Magistrate, together with a person skilled in the use and construction of such machinery or boiler to be appointed by the Commissioner.

Such Resident Magistrate, together with such person as aforesaid, shall have power to hold such inquiry at such times and places as the Commissioner may appoint, and shall report on the cause of such accident to the Commissioner.

With respect to the summoning and attendance of witnesses at or upon any such inquiry, and the examination of such witnesses upon oath or as may be otherwise allowed by law, every such Resident Magistrate shall have all the powers which he would have or might exercise in any case within his ordinary jurisdiction under “The Justices of the Peace Act, 1866,” and any Act amending the same.

Part IV. of “The Justices of the Peace Act, 1882,” shall, so far as applicable, extend to protect Inspectors in the exercise of their duties under this Act.

Nothing in this Act, or in any certificate granted under its provisions, shall be deemed to relieve any owner of the machinery or boiler from liability to any action or suit or from liability to any civil or criminal proceeding whatsoever, but all rights of parties and all liabilities of owners of boilers or machinery, or of any other person or persons in respect thereof, shall remain unaffected by this Act.

Whenever any notice, summons, or other process is required to be served upon any owner under the provisions hereof, service on the manager, foreman, conductor, or agent of such owner shall be good and lawful service.

All penalties incurred under this Act may be recovered in a summary way before any two or more Justices of the Peace; and wherever any person wilfully contravenes any provision of this Act for which no other penalty is imposed, he shall thereby incur a penalty not exceeding ten pounds for each offence.

Any Resident Magistrate or Justices of the Peace imposing any penalty under this Act may, if he or they think fit, direct that a part not exceeding one moiety thereof shall be applied to compensate any person for any bodily injury or damage which he may have sustained by reason of the default in respect of which such penalty is imposed, and, subject to such directions as aforesaid, all such penalties shall be paid into the Public Account and form part of the Consolidated Fund.

All moneys paid to Inspectors by way of salary, and all the costs and charges of carrying this Act into execution, shall be paid out of moneys appropriated for that purpose from time to time by the General Assembly. All fees received under this Act shall be paid into the Public Account, and form part of the Consolidated Fund.

A summary conviction or adjudication under this Act, or an adjudication made on appeal therefrom, shall not be quashed for want of form, or be removed into the Supreme Court by certiorari.

The Commissioner may from time to time make, alter, amend, or revoke any regulations not inconsistent with this Act—

All such regulations shall be gazetted.

Nothing contained in this Act shall apply to or affect any engines, boilers, or machinery used on or employed in the working of any railway or other public work constructed on behalf of Her Majesty the Queen or the Government of the colony under the authority of any Act heretofore in force, or that may now or hereafter be in force; nor shall this Act prejudice or in any way interfere with the special powers of inspection and regulation of steam vessels and the machinery of such vessels, as such powers are contained in “The Shipping and Seamen’s Act, 1877.”

“The Inspection of Machinery Act, 1874,” and “The Inspection of Machinery Act Amendment Act, 1875,” are hereby repealed.

But all Orders in Council and Proclamations made, all licenses issued and in force, and all offices held under the said repealed Acts or either of them and subsisting at the date of the passing of this Act, shall respectively remain, continue in force, and subsist as if made, issued, or held under this Act.