§ Lord John Russellsaid, that before moving the Order of the Day, he was desirous to say a few words on the subject of a motion of which the noble Lord opposite (Ashley) had given notice for this evening, relative to the operation of the Factories Act. From the terms of the noble Lord's notice, he presumed that he alluded to certain regulations which had been established by Mr. Horner, one of the factory inspectors. About the end of January last, a complaint with reference to the operation of those regulations had reached him, and it then appeared to him to be a matter of much doubt whether these regulations were in conformity with the Act. The matter had been accord- 666 ingly referred to the law officers of the Crown, who agreed in opinion that the regulation which related to the judging of the age of children from their strength and appearance only, without referring to any other evidence which might be given of their actual age, was not in conformity with the spirit of the Act. On receiving this opinion, he had immediately issued instructions to Mr. Horner, requiring him to conform to the opinion so expressed by the law officers of the Crown, and to act strictly in execution of the Act. He would only add, that when the Bill of last year was given up, he had issued directions, after consulting with his right hon. Friend, the President of the Board of Trade, that the present Act might be put strictly into execution; and if any error had occurred upon the part of any factory inspector, he could assure the House that it did not arise from any desire to shrink from the execution of the Act, or knowingly and willingly to put a wrong interpretation on its provisions. The regulation complained of had, he rather believed, arisen from the desire to avoid the fraud and imposition which were so easily put in practice. Under these circumstances, he hoped the noble Lord would not press the motion of which he had given notice.
§ Lord Ashleyhoped the noble Lord would understand that it was not his intention, nor that of those with whom he had the honour to act, to make any personal charge against Mr. Horner, or the other Factory Commissioners. They had thought it their duty, however, to question that gentleman's acts. After the explanation which the noble Lord had given, he would not press his motion.
§ Mr. Hindleyexpressed a hope that the Attorney-General would state to the House upon what grounds he had arrived at the conclusion that the regulation adopted by Mr. Horner, for ascertaining the age of children, was illegal.
§ The Attorney-Generalsaid, the House must perceive that he could not be prepared to state his opinion upon an important question, the details of which were not a little complicated, in the off-hand manner which his hon. Friend required. He could, however, state, in confirmation of what had fallen from his noble Friend near him, that upon the matter having been referred to him for consideration, he had taken the utmost pains to inform himself upon the subject, and had stated to 667 the noble Lord the grounds upon which he proceeded.
§ Subject dropped.