150

Duty of
examining
surgeon to

investigate

and report
in certain
cases.

Ch. 30. No. 2.) Factories.

by reason of any act or default on his part or on the
part of any servant or agent of his, responsible in any
degree for the occurrence of the accident or case of
disease, but any such expenses not required to be so
paid shall be deemed to be part of the expenses of the
Government in the execution of this Ordinance;

(g) any person who without reasonable excuse
(proof whereof shall lic on him) either fails, after having
had the expenses (if any) to which he is entitled
tendered to him, to comply with any summons or
requisiticn of the court, or prevents or impedes the
court in the execution of its duty, shall be guilty of an
offence, and liable on conviction thereof to a fine of
forty-eight dollars and, in the case of a failure to
comply with a requisition for making any retum or
producing any document, if the failure in respect of
which a person was so convicted is continued after the
conviction, he shall (subject to the provisions of section
71 of this Ordinance) be guilty of a further offence and
hable to a fine of forty-eight dollars for every day on
which the failure was so continued.

(2) The Governor may cause the report of the court

to be made public at such time and in such manner as he
thinks fit.

41. (1) It shall be the duty of the examining surgeon
to investigate and report——

(a) upon cases of death or injury caused by exposure
in a factory to fumes or other noxious substances,
or due to any other special cause specified in instruc-
tions of the Governor as requiring investigation; and

(b) upon any case of death or injury which the
inspector for the district in pursuance of any gencral
or special instructions of the Governor may refer to
him for that purpose; and

(c) upon any case of disease of which he receives
notice under this Ordinance.

(2) The examining surgeon, for the purpose of an

investigation under this section, shall have the like powers
a an inspector, including power to enter any room in a