Page:Harvard Law Review Volume 9.djvu/472

444 444 HARVARD LAW REVIEW. an improvement may quite well be made without any knowledge on the part of the landlord, and it seems strange to throw the onus of express dissent on him in such a case. Under the False Alarms of Fire Act, 1895 (5 8 & 59 Vict. c. 28), the practice of ringing a street fire alarm wantonly will cost the practical joker ;^20. Under this statute, and two or three others of the year, the accused person and his wife are competent, but not compellable witnesses. This is a sort of tentative provision in- troduced into most new criminal or quasi criminal statutes, and if it is found to work well it will no doubt be made applicable to all criminal trials. The Extradition Act, 1895 (58 & 59 Vict. 33), enables the Sec- retary of State to direct an extradition case to be heard elsewhere than at Bow Street in cases where the removal of the accused person is dangerous to his life or prejudicial to his health. The recent case of Dr. Herz shows the necessity of some such pro- vision. Two more blows at the Lais sez fair e doctrine are dealt by the Fatal Accidents Inquiry (Scotland) Act, 1895 (5^ & 59 Vict. c. 36), and the Factory and Workshop Act, 1895 (58 & 59 Vict. c. 37). The former provides for public inquiry in regard to fatal accidents occurring in industrial employments or occupations in Scotland. The latter amends and extends the Factory Acts. It is far too long to be dealt with here, but it may be mentioned in passing that it provides two hundred and fifty cubic feet of space for every person employed in a room, or four hundred cubic feet for over time, and if artificial light other than electric is used the Secretary of State may increase these figures. Dangerous fac- tories and machines may be summarily stopped till the danger is removed, and in the case of machines ex parte interim orders can be obtained. Wearing apparel is not to be made, cleaned, or repaired in a house where there is small-pox or scarlet-fever. Fire escapes are to be provided. Young persons are not to be employed over time under § 53 of the Act of 1878, and women may only be so employed for three (instead of five) days in any one week, or thirty (instead of forty-eight) days in any twelve months. With so much just and proper legislation in favor of workmen, one might fairly expect to find some small provision for the protection of employers, such as, for example, a provision for the more speedy and effectual suppression of the gross abuses of picketing during a strike. If picketing within a mile of the factory were forbidden, and violence put down with a firm hand at