176

Proceedings
against
persons other
than
eccupiers or
owners,

Owner of
machine
liable in
certain cases
Instead of
‘upier.

Ch. 30. No. 2.] Factories.

(2) When it is made to appear to the satisfaction
of an inspector at the time of discovering an offence—

(a) that the occupier or owner (as the case may be)
of the factory has used all due diligence to enforce the
execution of this Ordinance; and

(>) by what person the offence has been committed,
and

(c) that it has been committed without the consent,
connivance or wilful default of the occupier or owner
and in contravention of his orders,

the inspector shall proceed against the person whom he
believes to be the actual offender without first proceeding
against the occupier or owner of the factory.

77. Where, under this Ordinance, any person is sub-
stituted for the occupier or owner with respect to any
provisions of this Ordinance or any regulations or orders
made thereunder, any order, summons, notice, or pro-
ceding, which for the purpose of any of those provisions
is by or under this Ordinance required or authorised to
be served on or taken in relation to the occupier or owner,
is hereby required or authorised (as the case may be) to be
served on or taken in relation to that person,

78. Where in a factory the owner or hirer of a machine
or implement moved by mechanical power is some person
other than the occupier of the factory, the owner or hirer
shall, so far as respects any offence under this Ordinance
committed in relation to a person who is employed in or
about or in connection with that machine or implement,
and is in the employment or pay of the owner or hirer, be
deemed to be the occupier of the factory.

79. (1) All offences under this Ordinance shall be
prosecuted and all fines under this Ordinance shall be
recovered summarily

(2) In any proceedings under this Ordinance it
shall be sufficient in the information to allege that the
factory is a factory within the meaning of this Ordinance
and to state the name of the ostensible occupier of the