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dren are brought under the attention of an ordinary physician, except in particular cases, until they are three or four years old; after that age, they very often come under the management of the general physicians of the country.

At what age may children, without endangering their health, be admitted into factories, to be regularly employed 13 hours a day, allowing them one hour and a half to go and return from meals, and one hour for instruction?—I should say, that there was no age, no time of life whatever, where that kind of labour could be compatible, in most constitutions, with the full maintenance of health.

Do you think that children from seven to ten years of age could be employed more than 10 hours per day, without injury to their constitution? I think not; and if it was left to me to determine, I should say, that they ought to be employed fewer hours, for the full maintenance of health.

more liable to glandular swellings than children who are bred differ ently; and I think it likewise probable, that in particular manufac tories at least, they would be more likely to be affected with diseases of the lungs.

What would you consider to be the effect on the mental faculties of children so young, when, in ad dition to the facts already stated, the attention is constantly fixed and employed on one set of objects for days, months, and years?-I should think that they would ac quire more acuteness with regard to that particular employment; but that with regard to all general em ployments, and all general exerci ses of the mind, they would be in ferior to what they would be, if their minds were directed to a greater number of objects either of curiosity or of study.

Have you considered at what age children might be safely employed in factories?I can only answer this question by a kind of conjec ture, which is founded upon my acquaintance with the animal economy: I should say, that seven years old was perhaps the earliest age at which children should be so employed.

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How many hours would you recommend children of that tender age to be employed?-I should say, that at that age, probably, the first year, they should not be employed more than four or five hours a-day; and for the two suc ceeding years, they might be em ployed six or seven hours a-day; that afterwards they might be em ployed ten hours a-day, and beyond

What do you consider to be the effect upon the developement and growth of the bodies of children from six to ten years of age, of so many hours confinement per day? -I cannot say much from experience, not having attended children that have been labouring in manufactories; but I can say, what appears to me to be likely to arise out of so much labour, from general principles of the animal economy. I should say, in the first place, that the growth of those children would be stunted; that they would not arrive so rapidly at their full growth; that they would not have same degree of general that in my opinion, there ought to strength; that it is probable their be no increase of labour. digestion would not be so vigorous Have you had any opportunities as in children who are more in the of knowing what has been the state air and less confined to la- of health in any manufactory? bour; that they would probably be really must say I have not. The

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only manufactory of that kind I ever saw was at New Lanark, which Mr. Owen showed to me about two hours.

Would not the state of the health of the persons employed depend most materially on the state of the atmosphere in which they were employed? I have no doubt it would have considerable influence, but I consider this as only one circumstance; if they are in a very cold atmosphere, or in a very hot one, they would be more liable to suffer than in a temperate atmosphere, certainly.

Might not the children work in a proper temperature a greater number of hours than they could do, without injury, in either of the extremes of heat or cold?I think that they might.

Are you acquainted with the work in which those children are generally employed?-I am very imperfectly acquainted with those works.

In speaking of the injury to young persons arising from labour, do you mean to speak of labour which requires great bodily exertion?—I did not suppose that children at so early an age were employed in great bodily exertion, but I meant any bodily exertion in which they were confined in a given space, and their minds not allowed to wander into the various channels of thought, and their limbs allowed the sort of irregular exercise which takes place in children who are living in the usual

manner.

Is not the state of maturity of children very different in those brought up in the country, to those brought up in town?-With regard to children who are brought up in the country, they are more vigorous; and I have no doubt, in many instances, their progress to

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wards maturity may be more rapid than in children who are reared in a large town.

And your experience has principally been in town?-Entirely, I may say.

Have you been called to give any opinion, or to know the state of health, in different manufactories? -I have not.

What is the state of heat, as ascertained by a thermometer, in which children might work without injury? I should say, that the temperature which is upon the whole most favourable is about 60 degrees of heat.

In giving your opinion on this subject, do you take into your consideration the situation in which children would be placed, if, at an earlier period, they were not employed in such factories?-I do not know that the whole of this pressed on my mind, but certainly it was not absent from it; I drew the comparison between those children as employed in manufactories, and the ordinary empleyment of children in the country.

Would children of the age of ten be employed in the ordinary business of the country?-No; but they would be doing a good deal of work of various kinds, as going of errands, or weeding, and a thousand employments which I cannot at present call to my mind.

That answer seems to refer more particularly to children in the country; as the manufactories are generally in towns, it does not apply to them; therefore the Committee wish to know whether you conceive, if children at an early period of life were prevented by Act of Parliament from working in factories, their situation would be better than it is?-I conceive it would be more favourable to health to be at large, although they might

sometimes be not well nourished; and although sometimes they would be in hot rooms, they would have a great deal more time in which they could be playing about, and using their faculties of observation.

DIED, on Sunday, the 26th May, 1816, in Nelson square, Black friars, London, Benjamin Thompson, esq. the translator of the German Theatre, and author of several other productions. The deceased fell a prey to his acute feelings. He was the author of a piece

brought out at Drury Lane, on the 22d ult. called Oberon's Oathwhich being received with disapprobation, affected him very much. The excess of his disappointment could not be equalled by his transports of joy, when, on the second representation, his production was honoured with universal applause. Thus plunged from one extreme to the other, he was taken alarmingly ill on Saturday, and died the next day. He has left a wife and six children to mourn the loss of an affectionate husband and fa ther.

INTERESTING LAW CASES,

AND

DECISIONS.

COURT OF KING'S BENCH, ENG-
LAND.

Saturday, Dec. 7, 1816.

thrown with the rest of the outside passengers with great violence upon the ground, where he remained for some time apparently lifeless, his forehead having received a deep gash, and the brain considerably concussed. By the collision, the dickey of the Dart was broken, and two of her passengers were also dashed upon the road, one of whom had his arm broken, and the other was conside

The stress of the case was upon the question as to which of the coachmen was in fault, and much contradictory evidence was given on both sides.

MAYHEW v. BOYCE. THIS was an action to recover damages for an injury sustained by the plaintiff, in consequence of the overturning of a Brighton stage-coach, occasioned by the negligence and misconduct of the defendant's servant. In the afternoon of Saturday the 12th of October last, Mr. Mayhew took an out-rably bruised. side place by the Phoenix coach to go to Brighton, and the vehicle at seven was overtaken by the Dart, of which the defendant was the owner. About a quarter of a mile beyond Patcham, near to a place called the Prince's Dairy, the Phoenix having to turn the abrupt angle of a curve in the road, Barrett, the coachman, made the necessary evolution by turning his leader a little to the right, in order to turn the angle in safety, his near fore-wheel being about three yards from the hedge; when, just at that moment, Snow, the coachman of the Dart, drove furiously up; and in attempting to pass the Phoenix, he came in contact with the wheels of the latter coach, which, in the concussion, was driven three feet against the embank. ment on the road side, and the instant she was cleared by the Dart, fell over on her side. In consequence, the plaintiff, who is a respectable attorney in the city, was VOL. II.

Lord Ellenborough however was of opinion, that the defendant's coachman was bound, in a case of peril, to have taken effectual means of avoiding it, by going to the very edge of his own side of the road, there appearing to have been 14 clear feet of space for him to pass, without coming in contact with the Phoenix. The jury found a verdict. for the plaintiff. Damages 2001.

Monday, December 9.

HILL V. GRAY.

The Attorney General stated, that the plaintiff in this case was an artist, and the defendant one of the most honourable persons which this country had to boast of, an opulent British merchant. He was also a most liberal encourager of the fine arts, and especially, he

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Mr. West, and likewise Sir Tho mas Lawrence, and others, who would state, that to the best of their belief the picture was an ori

had a great taste and judgment for | fine paintings. The plaintiff having a very fine one to dispose of-one of the finest of Claude Lorraine's productions, which he had purcha-ginal of Claude's; and further, Mr.

West had said, that in his estima tion it was one of Claude's best productions. If he proved these facts, he submitted, he should be entitled to a verdict.

Mr. J. Butt corroborated this statement. He said, when crossexamined, that he did not represent to Mr. Gray, that the Claude belonged to Sir Felix Agar, who being pressed for money was about to dispose of this, and other pictures, to raise 52501.; he never represented that nothing but want of money alone would have indu ced Sir Felix to sell this picture; nor did he at any time say to Mr. Gray that Sir Felix was in ex

sed at the sale of Mr. Hope's collection-offered it, through an agent, to the defendant. At the time the plaintiff purchased it, the picture was in bad condition; its beauties very much clouded by varnish and dirt; and plaintiff certainly bought it at a very low price, having given no more than 1117. for it; but having cleaned it by a process known only to himself, Mr. Hill discovered the prize he had purchased, and it was of fered for sale, as he had before stated, to the defendant, by a gentleman named Butt, who was known to Mr. Gray, and who, having seen the picture at Sir T. Lawrence's, where it was deposit-treme rage at his having agreed to ed by Mr. Hill, for the inspection and gratification of the admirers of fine paintings, called the attention of his patron to it; at the same time informing him, the picture was at Sir T. Lawrence's, and that the price was 1000 guineas. Mr. Butt, however, advised the defendant not to take his opinion of the painting, but to consult his other friends, and to take a week at least to consider of it. The defendant did accordingly do as his friend advised him, and having seen the picture, and approving it, he purchased it, and it was sent home to him; payment being fixed at a very short date from the delivery of the picture. Soon after the delivery of the picture, however, the defendant was told by some person, that the picture was not a Claude, and therefore he would not keep it; and he accordingly returned it. The Attorney General now stated, that he should call the venerable President of the Royal Academy,

take a thousand guineas. There were three or four pictures at Sir T. Lawrence's, belonging to Sir Felix Agar, and Mr. Gray might have fallen into an error, and sup posed the Claude also belonged to Sir Felix, and witness did not consider it incumbent on him to ex plain the mistake. Witness believ ed even if Mr. Gray had known that it was not Sir Felix's picture, he would, notwithstanding, have bought it. Witness never told Mr. Gray that the mistake was his (the witness's) and as he had brought it under a misrepresentation, he was at liberty to return it. Wit ness did say to Mr. Gray, if you will satisfy me this is not a Claude, I will never rest till I have reliev ed you from it. A price for the picture had been named before there was any conversation respecting Sir Felix Agar's pictures. When he made his objection to the picture, and wanted to return it, he said he wished to do so, be

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