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, 1887. 6. Sheriff after levy to deposit wages due at date of earned by any miner working at surface during dator, or any person claiming to be entitled to any levy:] A sheriff in execution of any process against the continuance of his employment seven days such moneys or fund, may apply to the court for a company shall, in the first instance, seize for the wages and no more. Subject to the right of the directions or to determine any question arising in amount of the judgment debt and costs, and on company to retain such seven days wages, all the matter, in the same manner as if the company such seizure shåll forthwith require and receive surface miners shall be paid once a fortnight, and were being wound up by the court. from the purser a full and correct statement of the the amount so retained shall be paid to the miner
14. Power to pay over club funds to registered total sum appearing by the books of the company within seven days of his ceasing to be employed by friendly society.] When deductions are made from to be due to the miners or their representatives for the company. All wages that may become due to the wages of miners for the maintenance of a such wages as aforesaid, including a fair estimate miners employed by contract underground shall be mine club fund, under the provisions of the last of moneys
wages and not yet payable within fourteen days from the expiration preceding section of this Act, it shall be lawful ascertained; and thereupon the sheriff shall of the contract. At the end of twenty-eight days for the miners employed in or about the mine by enlarge his seizure so as to seize and sell sufficient from the commencement of the contract, and also resolution of a majority of such miners to appoint to satisfy all the aforesaid moneys appearing to be at the end of every subsequent fourteen days
a committee of management of such fund : Pro. due for such wages in addition to the judgment during the continuance of the same contract, vided that if any portion of the said fund is con. debt and costs, and such other charges as by law every such miner shall be entitled to subsist; that tributed by the company, the sanction and con. are allowed to the sheriff ; and out of the proceeds is, to a payment on account of his wages equal to of such sale shall, after payment of his own costs and the amount that the agent may estimate that the respect of the appointment of such committee;
currence of the said company shall be required in expenses, but before paying the judgment debt miner has earned in wages during the fourteen and such committee may transfer the same to any and costs, pay to the purser the amount of such days for which payment is due. And if the agent registered friendly society, established for the wages, whose receipt shall be a sufficient discharge shall refuse or neglect to make any estimate, or for the same, and who shall distribute the same to shall make an unreasonable estimate, the miner willing to receive the same upon such terms as may
whole or any part of the stannaries district, and the persons entitled thereto.
may forthwith apply to any two or more justices be agreed upon between the said committeo and
of the peace, who shall fix such amount of subsist 7. Orders for payment of wages made by justices to
the said society. as ought to be paid to him, and make an order for have priority.) After the commencement of this such payment to be forthwith made to him, subject
15. Appointment of check-weigher.] When the Act when orders for the payment of wages due in
to such directions as to costs as they may think amount of the wages payable to miners depends on respect of work done at any mine have been made
the quantity and quality of the minerals sent to by any of Her Majesty's justices of the peace, ard
Provided that when a miner first enters em the surface by them, such miners may, at their the several amounts payable thereunder have not ployment by contract under ground in a mine he own cost, station a person (herein called a checkbeen discharged within the time allowed by law shall be entitled to seven days subsist at the end weigher) at the place at which such mineral is for that purpose, a distress may be levied on and sale made of any such mining effects, in or on
of the first fortnight, and to a further seven days weighed to take account of the weight thereof; such mine, as are by law liable to be distrained for that on leaving any mine a miner shall be entitled also be present when the sampler of the company
subsist at the end of the second fortnight. And and such check-weigher, or some other miner, may rent,
to the payment of all wages due to him if employed samples the said mineral, and the said sampler 8. Court to enforce priority.] In addition to every by tut work at the end of seven days from the shall divide the sample taken by him into three other remedy for obtaining payment of their wages, termination of his employment, and if employed parts, and shall retain one of such parts for the the said miners, or any of them, may institute on tribute at the end of seven days from the use of the company, give another part to the proceedings in the court, by way of summons, for sampling and assaying of the ore raised by him, check-weigher or such other miner for the miners, enforcing the said first charge given to them by and in the case of copper at the end of seven days and deposit the remaining part with the purser of this Act, and the vice-warden may grant and make from the next ticketing day.
the company for future use, if either the company (ex parte or otherwise) all such injunctions and
or the miners require that it should be assayed; orders as he may think necessary and proper in 12. Payment in convenient coin.] The purser and such remaining part shall be sealed up in the order to secure such miners from lo88 ; and if any shall pay all wages and subsist to the miners at presence of the check-weigher or such other miner, amount ordered to be paid shall not have been paid the account house of the mine in current coins of and retained by the company for assay, if required; within the time mentioned in such order, execution the realm as defined by the Coinage Act of 1870 the said check-weigher or other miner shall not may be levied on and sale made of any mining [33 & 34 Vict. c. 10]; so as shall cnable an interrupt or interfere in any way with the weigh; effects in or on such mine as are by law liable to immediate division to be made amongst the ing or sampling of the said mineral, and shall be distrained for rent.
individual miners entitled to receive the same; not enter the assay office of the company, nor 9. Under winding -up proceedings money may be miner for wages or subsist. nothing but such coins to be a legal tender to a shall the absence of the check-weigher be a reason
for delaying the said weighing and sampling. borrowed to pay wages.] If at the commencement of the winding-up of any company, whether by the 13. Mine club funds to be accounted for.] (1.) 16. Supply of tools and materials.] Tools, implecourt or otherwise, any wages, not exceeding such After the commencement of this Act, any custom ments, and materials supplied to miners by the com. an amount as under the fourth section would be or rule of law to the contrary notwithstanding, all pany for the purposes of the mine shall be supplied, made a first charge, are unpaid, the same shall be moneys deducted in any mine from the wages or as nearly as possible, at market price ; and such paid by the official liquidator or liquidator forth earnings of or otherwise contributed by the miners prices and the quantities shall be distinctly speciwith in priority to all other costs except such costs for the purposes of a mine club, or accident, or fied in the account delivered to the miners. of and incidental to the making of the order for sick or benefit fund, shall, unless a majority of
17. Notice to quit and compensation for fixtures.) the winding up as in the opinion of the court shall the miners shall by resolution decide otherwise, be where a miner contracts to work a tin stream at a have been properly incurred, and, subject to the deemed to belong to the miners and not to the fixed rate of tribute on the terms of providing and tenth section of this Act, to all claims, whether by company, and the said moneys, and any contribu- fitting up at his own expense the necessary plant mortgagees, execution creditors, or any other tions added thereto by the shareholders, shall be and machinery, he shall in any case be entitled to person whatsoever; and, subject'as aforesaid, the placed to a separate account, and the details not less than one month's notice to quit, and to all court may by order charge the whole or any part thereof, showing the amount received and the such machinery and plant, and to all tin stuff of the assets of the company, in absolute priority several payments thereout, and to whom made dressed ore, or leavings that may be in and about to all claims and to all existing mortgages or during each preceding sixteen weeks, shall be set his works at the date of his leaving, and he shall charges thereon, with the payment of the sum
out in the balance sheet to be presented to the have reasonable time allowed to him to remove the sufficient to discharge the said wages, with interest shareholders at each ordinary meeting; and a thereon at a rate not exceeding five per centum per copy of the same shall be posted in the miners dry annum, and such charge may be made in favour of or changing sheds, and in the account house; and
18. Disputes how to be determined.] Any dispute any person who is willing to advance the requisite it shall be lawful for the miners in any mine, if between any miner and the purser, manager, or amount, or any part thereof, and as soon as the they so please, to appoint any two of themselves to agent of a mine as to any money due to him, or said sum has been so advanced the said wages shall audit the said mine club fund accounts: Provided claimed by him, may be heard and determined by be paid without delay, so far as such advanced that section thirty-four of this Act shall not a court of summary jurisdiction, and such court amount extends, and in Euch order of payment as restrain the right of the miners to pass any such for the purposes of this Act shall be deemed to be the court directs.
resolution, and such resolution shall have effect a court of civil jurisdiction, and in a proceeding, in 10. Saving of rights of clerks and servants.] thereof. And in the event of any money being so
for twelve calendar months only after the passing relation to any such dispute the court may order Nothing in the fourth or eighth section of this
payment of any sum which it may find to be due Act is to be taken to have the effect of defeating each miner shall be entitled to name a qualified deducted for the purpose of medical attendance, as wages, or damages, or otherwise, and such
reasonable costs as the court may think fit: Proupon clerks and servants by the Companies Act, Weducted from this marges shall be paid for such dispute the court of summary jurisdictisercis
vided that in any proceeding in relation to any such winding up of a company in priority to other medical attendance.
(1) shall not, except by consent, exercise any creditors, pari passu with labourers and workmen (2.) Upon the winding up of any company in
jurisdiction where the amount claimed ex. out of such assets only as are distributable by the the court of the vice-warden or any other court,
ceeds twenty-five pounds; and liquidator or official liquidator within the meaning shall not be deemed to be or be applied as part of
or otherwise, the said mine club moneys or fund (2) shall not, except by consent, make an order of the said Act, except that such priority shall
for the payment of any sum exceeding only be given to the extent of three months, and the assets of the company in liquidation of the
twenty-five pounds exclusive of the costs shall not extend to the principal agent or manager, debts of the company or otherwise ; but shall be
incurred in the case. purser or secretary.
accounted for by the purser or any other person in 19. Mortgages of mining plant and effects to be 11. Time for payment of wages.] After the com
possession of the fund to the liquidator, and shall registered.] All mortgages, "mortgage debentures,
be recoverable by him, and shall be applied in and other documents Whatever, whereby power is company to retain in its hands from the Wages) company cis being wound up poluntarily, the hiqui- | possession or any mining effects of or on a mine
19 shall, in addition to any registration thereof now required by law, be registered within twenty. in such mine at least once every sixteen weeks, for from other business; and be it further enacted,
convene an ordinary meeting of the shareholders apart from the ordinary fees of the court arising eight days from the date thereof, at the office of the transaction of the ordinary business of the that the expense of making the said investments, the said registrar, in a book to be kept there for said mine, and at every such meeting the cost that purpose, without payment of any fee, and book of the said mine, containing the accounts thereof in the like securities, and any expenses
or any re-investments of the unapplied produce such book shall be subject to the inspection of all and other matters required by this Act to be which may be incurred in the sales of stock, to applicants at all reasonable times, and no such entered therein, together with a list showing the satisfy the claims of parties who may be entitled mortgage, mortgage debenture, or other docu- name and address of every shareholder from whom thereto, and any expenses of keeping the necessary ment, unless so registered, shall confer any any call is in arrear and unpaid, and the amount accounts, shall be a first charge upon the income priority over or title as against the claims of any of the calls unpaid by him, shall be laid before the derived from the securities. persons whatever for work and labour done or ser meeting, and be open to full and unrestricted invices performed in or upon such mine, or for goods spection by any shareholder present, and if any
30. 1 5 2 Vict. c. 110, s. 17, to apply to stannaries and materials supplied to any company by which the purser shall fail to convene such meeting, or to
court.] Whereas it
be doubted whether said mine is carried on; such registration shall not duly hold the same, or shall fail to produce the section seventeen of statute first and second affect any priority in respect of wages under the said cost book thereat, or to permit it to be in- Victoria, chapter one hundred and ten, applies to provisions of this Act. epected as aforesaid, he shall forfeit for each and hereby enacted that any judgment debt in an
the court of the vice-warden of the stannaries it is 20. Copy of all mining grants to be filed.] A true every such default a sum not exceeding ten pounds, action commenced in that court by writ of sum. copy of all leases, grants, and licences made after
to be recovered in a summary manner on the comthe commencement of this Act, giving to the plaint of any shareholder in the company, before
mons shall carry interest at the rate of four pounds
per centum per annum from the time of entering grantee the right to work mineral property any two or more justices of the peace. within the said stannaries, and also of all assign
up the judgment until the same shall be satisfied,
26. Accounts to be printed.] The accounts by the and such interest may be levied under a writ of ments and contracts for the sale of such leases, twenty-third section of this Act directed to be execution on such judgment. grants, and licences, shall be filed by the lessee, entered in the cost book shall, after the same have grantee, licencee, assignee, or purchaser thereof at been laid before a meeting of the shareholders in
31. Duplicate registration.] From and after the the said office of the said registrar within fourteen pursuance of the twenty-fifth section, be printed, in or formed for working a mine within the
commencement of tbis Act any company engaged days from the execution thereof; and in default of and a copy thereof sent to each shareholder in the stannaries, and which has been or shall hereafter such filing thereof, no such lease, grant, licence, company and also to the lessors of the mine. assignment, or contract shall until filed be en
be registered either at the joint stock companies forceable at law or in equity.
27. Amalgamation of adjoining mines.] When the office in London or at the office of the assistant
limits of any mine join those of any other mine registrar at Truro, shall, together with every 21. Valuation of relinquished shares.] When after the companies respectively working the said mines original document and the copy of every return the commencement of this Act a share in a com way, with the consent in writing of the respective required by the Companies Act, 1862, or any sub. pany has been relinquished, and a valuation of the lessors thereof in all cases where such consent is sequent Act to be filed in the office where such materials and other assets of the company is by law or custom necessary, amalgamate and company is registered, also transmit a copy of such required to be made as between the shareholder become one company, provided that no such original document and a second copy of any return who has relinquished and the continuing share amalgamation shall take place unless each of the to the said office, and it shall be the duty of the holders, such valuation shall be made upon the said companies shall authorise the same by a registrar or the assistant registrar, as the case may basis that all the said continuing shareholders special resolution, to which two-thirds in value of be, to forward such copies, the one to the other, had also at the sane time relinquished their the shareholders in the said company shall consent for the purpose of being filed. And the penalties shares.
in writing; such resolution shall be registered in mentioned in sections twenty-seven, thirty-four, 22. Relinquishment not valid unless delivered six the court, and the amalgamation shall not take effect and thirty-nine of the Companies Act, 1862, and weeks before stoppage of mine.] After the commence
until such registration, and shall be advertised in the provision of section forty of the same Act, ment of this Act a relinquishment shall not have such manner as the court directs.
shallo attach to a company making default in any effect if it be delivered within the six weeks 28. Petitions to wind up mining companies to be pre- transmitting the aforesaid copies. immediately preceding the day on which a resolu- sented in stannary court.] The court of the vice 32. Certain returns to be registered at the stannary tion to wind up the company shall be legally warden of the stannaries shall have the same court.] The purser of every cost book mine shall passed at a duly convened meeting of the company, jurisdiction in the winding up of all companies within ten days of the expiration of the months of or on which an order shall be made to wind up the formed for working mines within the stannaries January, May, and September in each year cause same by or subject to the supervision of the (unless they are shown to be then actually working to be filed or registered at the said registration court,
mines or to be engaged in any other undertaking, office at Truro a summary or return containing 23. Accounts to be entered in cost book.] The
or to have entered into any contract for such the several particulars set forth in section twentypurser of every cost book mine shall, once at least working or undertaking beyond the limits of the six of the Companies Act, 1862, exclusive of the every sixteen weeks, truly enter in the cost book stannaries), as has heretofore been exercised by list of members of the company therein menof the mine accounts showing the actual financial the said court, parsuant to the eighty-first section tioned. position of the company at the end either of the of the Companies Act, 1862 [25 & 26 Vict. c. 89],
33. 18 f 19 Vict. c. 32, s. 23, to extend to this Act.] financial month of such company last preceding in respect of companies engaged in working any the time of entry, or of the calendar month last mine within and subject to the jurisdiction of the The powers contained in the act eighteen and
nineteen Victoria, chapter thirty-two, section preceding that time, including a statement of all said standaries.
twenty-three, and any other existing powers of credits, debts, and liabilities, and distinguishing
29. Unclaimed money.) When and as often after the vice-warden to make rules and orders, and to in such accounts the amounts of calls paid, and
the commencement of this Act as the registrar of prescribe forms for carrying into effect such rules calls not paid, and also all other accounts, docu- the court shall have standing in his name in the and orders, shall extend to this Act, and this Act ments, and things that the purser is required to Bank of England, or in either of the local banks in shall, so far as is consistent with the terms thereenter therein by the custom of the stannaries, or which he has been duly authorised to open of, be construed as one with all former Acts by the direction of the company, and if any accounts as registrar, any moneys which have be- relating to the court of the vice-warden of the purser shall fail to make such entries or any of come distributable or payable under orders of the
stannaries. them within the time or in manner above directed, court in creditors or pursers suits, or in matters
34. Evasions of this Act to be void.] Any contract Liable to a penalty not exceeding twenty pounds, suant to the Companies Act, 1862, or any other expressed or implied with the employers, or terms
of hiring, which would in effect deprive miners of to be recovered in a summary manner before any Act, and which have remained unclaimed by or on two or more justices of the peace.
24. Penalty for false entries, &c.] If in the said of two years, and the registrar shall report the any condition whatever in reference to the dismade or any material particular omitted with the hereby empowered to cause to be invested, in such rights are affected, and in respect of knowledge of the purser, the said purser shall be the joint names of himself aud the registrar, in condition, be void and of no effect liable in respect of every such false statement,
Government securities, the whole or any portion 35. Printed copies of this Act to be posted up.] entry, or omięsion to a penalty not exceeding fifty of any person entitled to any part of the regulations for the time being in force in any mine,
of such moneys, without prejudice to the claim Printed copies of this Act, and of the rules and be are any two or more justices of the peace, and principal sums, and the income thereof, and shall be kept posted up in the smiths shop and in the said justices may, in their absolute discretion, the income derived from a sum of two hundred the miners dry or changing shed of every mine. award any portion of the penalty imposed by them
and seventeen pounds five shillings and four. 36. Commencement of Act.] This Act shall come enot exceeding one moiety thereof) to the proses pence, now standing in the joint names of into operation on the first day of December one cutor, provided he is a shareholder in the company Pound per Cent. Consolidated Bank Annuities,
the vice-warden and the registrar, in the Three thousand eight hundred and eighty-seven. or a person having a legal right to inspect the under the authority of an order of the vice
CAP. XLIV. material particular, has been made or omitted with warden, approved by the Lord Chancellor, sancthe knowledge of the manager of the mine, much tioning the investment of a portion of the amount An Act to enable Her Majesty by Order in manager shall also be liable to a like penalty, to of unclaimed deposits pursuant to the sixty-first
Council to unite the Colonies of Trinidad be recovered in like manner and with the like section of seventh and eighth Victoria, chapter one and Tobago into one Colony.
[16th September 1887. diecretion in the justices as to their apportion hundred and five, and the income to be derived
from any further investments which may here-
CAP. XLV. 25. Meetings to be held once every sixteen weeks.] allowed to accumulate ; and the said several in. The purser of every cost book mine shall duly I comes meanwhile shall be kept as separate funds An Act for further amending the Enactments
relating to Offices, Stations, and Buildings Scotland or of the Board of National Education in ployer, then the inspector or procurator fiscal shall for the Metropolitan Police Force. Ireland.
proceed against the person whom he believes to [16th September 1887. 8. Deduction for sharpening tools, fc.) No deduc- first proceeding against the employer.
be the actual offender in the first instance without tion shall be made from a workman's wages for CAP. XLVI. sharpening or repairing tools, except by agreement 13. Recovery of penalties.] (1.) Any offence against
the principal Act or this Act may be prosecuted, An Act to amend and extend the Law relating not forming part of the condition of hiring.
and any penalty therefor recovered in manner proto Truck. [16th September 1887. 9. Audit of deductions.] Where deductions are made from the wages of any workmen for the
vided by the Summary Jurisdiction Acts, so, howBe it enacted, &c. : education of children or in respeet of medicine, conviction exceeding that prescribed by the princi.
ever, that no penalty shall be imposed on summary 1. Short title.] This Act may be cited as the medical attendance, or tools, once at least in every pal Act for a second offence. Truck Amendment Act, 1887. The Act of the year the employer shall, by himself or his agent, session of the first and second years of the reign of make out a correct account of the receipts and
(2.) It shall be the duty of the inspectors of fac. King, William the Fourth, chapter thirty-seven, expenditure in respect of such deductions, and tories and the inspectors of mines to enforce the intituled "An Act to prohibit the payment in submit the same to be audited by two auditors provisions of the priucipal Act and this Act within certain trades of wages in goods or otherwise than appointed by the said workmen, and shall produce their districts so far as respects factories, work. in the current coin of the realm ” (in this Act to the auditors all such books, vouchers, and docu- shops, and mines inspected by them respectively, referred to as the principal Act), may be cited as ments, and afford them all such other facilities as
and such inspectors shall for this purpose have the the Truck Act, 1831, and that Act and this Act are required for such audit.
same powers and authorities as they respectively may be cited together as the Truck Acts, 1831 and
have for the purpose of enforcing the provisions of 1887, and shall be construed together as one Act.
10. Artificer to be paid in cash and not by way of any Acts relating to factories, workshops, or
barter for articles made by him ] Where articles are mines, and all expenses incurred by them under 2. Application of principal Act to workman as made by a person at his own home, or otherwise, this section shall be defrayed out of moneys prodefined by 38 $ 39 Pict. c. 90.] The provisions of the without the employment of any person under him vided by Parliament. principal Act shall extend to, apply to, and include except a member of his own family, the principal any workman as defined in the Employers and Act and this Act shall apply as if he were a work the principal Act and this Act shall be paid into
(3.) In England all penalties recovered under Workmen Act, 1875, section ten, and the expres man, and the shopkeeper, dealer, trader, or other the receipt of Her Majesty's Exchequer, and be sion "artificer" in the principal Act shall be con.
carried to the Consolidated Fund. strued to include every workman to whom the person buying the articles in the way of trade were his employer, and the provisions of this Act
(4.) In Scotland principal Act is extended and applied by this Act, with respect to the payment of wages shall apply and all provisions and enactments in the principal as if the price of an article were wages earned
(a.) The procurators fiscal of the sheriff court Act inconsistent herewith are hereby repealed.
shall, as part of their official duty, investi. during the seven days next preceding the date at
gate and prosecute offences against the 3. Advance of wages.] Whenever by agreement, which any article is received from the workman by
principal Act or this Act, and such prosecu. custom, or otherwise, a workman is entitled to the employer.
tion may also be instituted in the sheriff receive in anticipation of the regular period of the This section shall apply only to articles under
court at the instance of any inspector of facpayment of his wages an advance as part or on the value of five pounds knitted or otherwise manu
tories or inspector of mines ; account thereof, it shall not be lawful for the factured of wool, worsted, yarn, stuff, jersey,
(6.) All offences against the said Acts shall be employer to withhold such advance or make any linen, fustian, cloth, serge, cotton, leather, fur,
prosecuted in the sheriff court. deduction in respect of such advance on account of hemp, flax, mohair, or silk, or of any combination poundage, discount, or interest, or any similar thereof, or made or prepared of bone, thread, silk, 14. Definitions.] In this Act, unless the context charge.
or cotton lace, or of lace made of any mixed otherwise requires, 4. Saving for servant in husbandry.] Nothing in
materials. Where it is made to appear to Her The expression “Summary Jurisdiction Acts" the principal Act or this Act shall render illegal Majesty the Queen in Council that, in the interests
means, as respects England, the Summary
Jurisdiction Acts as defined by the Summary a contract with a servant in husbandry for giving of persons making articles to which this section him food, drink, not being intoxicating, a cottage,
applies in any county or place in the United Jurisdiction Act, 1879; and, as respects Scotor other allowances or privileges in addition to ful for Her Majesty, by Order in Couucil, to sus
Kingdom, it is expedient so to do, it shall be law land, means the Summary Jurisdiction (Scotmoney wages as a remuneration for his services.
land) Acts, 1864 and 1881, and any Acts pend the operation of this section in such county amending the same : 5. Order for goods as a deduction from wages illegal.] or place, and the same shall accordingly be sus Other expressions have the same meaning as in In any action brought by a workman for the re- pended, either wholly or in part, and either with
the principal Act. covery of his wages, the employer shall not be or without any limitations or exceptions, according entitled to any set off or counterclaim in respect as is provided by the Order.
15. Disqualification of justice.] So much of the of any goods supplied to the workman by any 11. Offences.] If any employer or his agent con
principal Act as disqualifies any justice from act. person under any order or direction of the em. ployer, or any agent of the employer, and the going provisions of this Act, such employer or travenes or fails to comply with any of the fore. ing as such under the principal Act is hereby
repealed. employer of a workman or any agent of the agent, as the case may be, shall be guilty of an
A person engaged in the same trade or occupaemployer, or any person supplying goods to the
tion as an employer charged with an offence workman under any order or direction or such liable to the penalties imposed by section nine of against the principal Act or this Act shall not act employer or agent, shall not be entitled to sue the that Act as if the offence were such an offence as
as a justice of the peace in hearing and determin. workman for or in respect of any goods supplied in that section mentioned.
ing such charge. by such employer or agent, or under such order or direction, as the case may be.
12.-Fine on person committing offence for which
16. Amendment of 1 & 2 Will. 4, c. 37, as to over • Provided that nothing in this section shall apply employer is liable, and power of employer to exempt
seers.] The provisions of the principal Act con. to anything, excepted by section twenty-three of himself from penalty on conviction of actual offender.] ferring powers on any overseers or overseer of the the principal Act.
(1.) Where an offence for which an employer is, poor shall be deemed to confer those powers in the 6. No contracts with workman as to spending wages by virtue of the principal Act or this Act, liable to case of England on the guardians of a union, and at any particular shop, fc.] No employer shall, a penalty has in fact been committed by some
in the case of Scotland on the inspectors of the directly or indirectly, by himself or his agent, im- agent of the employer or other person, such poor. pose as a condition, express or implied, in or for agent or other person shall be liable to the same
17. Repeal.] The Acts mentioned in the schedule the employment of any workman any terms as to penalty as if he were the employer. the place at which, or the manner in which, or the
(2.) Where an employer is charged with an
to this Act are hereby repealed to the extent in the
third column of the said schedule mentioned, person with whom, any wages or portion of wages
offence against the principal Act or this Act he paid to the workman are or is to be expended, shall be entitled, upon information duly laid by suffered in respect thereof.
without prejudice to anything heretofore done or and no employer shall by himself or his agent him, to have any other person whom he charges as dismiss any workman from his employment for or
the actual offender brought before the court at the 18. Application of Acts to Ireland.] The principal on account of the place at which, or the manner
time appointed for hearing the charge, and Act, so far as it is not hereby repealed, and this in which, or the person with whom, any wages or if, after the commission of the offence has
Act shall extend to [reland, subject to the followportion of wages paid by the employer to such
been proved the employer proves to the satis- | ing provisions : workman are or is expended or fail to be ex.
faction of the court that he had used due diligence (1) Any offence against the principal Act or this pended. to enforce the execution of the said Acts, and that
Act may be prosecuted and any penalty the said other person had committed the offence in 7. Deduction for education.] Where any deduction question without his knowledge, consent, or con
therefor may be recovered in the manner is made by an employer from a workman's wages nivance, the said other person shall be summarily
provided by the Summary Jurisdiction for education, such workman on sending his child convicted of such offence, and the employer shall
(Ireland) Acts; (that is to say,) within the to any state-inspected school selected by the work be exempt from any penalty.
Dublin Metropolitan Police District the Acts man shall be entitled to have the school fees of his
regulating the powers and duties of justices When it is made to appear to the satisfaction of child at that school paid by the employer at the an inspector of factories or mines, or in Scotland a
of the peace and of the police of that dissame rate and to the same extent as the other procurator fiscal, at the time of discovering the
trict, and elsewhere in Ireland the Petty workmen from whose wages the like deduction is offence, that the employer has used due diligence
Sessions (Ireland) Act, 1851, and the Acts made by such employer.
amending the same; to enforce the execution of the said Acts, and also In this section state-inspected school” means by what person such offence had been committed,
(2.) Penalties recovered under the principal Act any elementary school inspected under the direc and also that it had been committed without the
or this Act shall be applied in the manner tion of the Education Department in England or knowledge, consent, or connivance of the em.
directed by the Fines (Ireland) Act, 1851, and the Acts amending the same.
Title of Act.
This Act and the Trustee Savings Banks Act, ascertain and certify the proper amount of the rural district are of opinion, either after in[
SCHEDULE Session and Chapter.
Extent of Repeal. 12 Geo. 1. c. 34
An Act to prevent unlawful combinations of workmen em. Section three, and so much of section eight as applies to section
ployed in the woollen manufactures, and for better pay three.
ment of their wages. 22 Geo. 2. c. 27 An Act, the title of which begins with “An Act for the So much of section twelve as applies to any enactment repealed by
more effectual preventing of frauds," and ends with the this Act.
words “and for the better payment of their wages. 30 Geo. 2. c. 12
An Act, the title of which begins with the words "An Act Sections two and three.
to amend an Act," and ends with the words “payment
money. 57 Geo. 3. c. 115
An Act, the title of which begins with the words “ An Act The whole Act.
to extend the provisions of an Act," and ends with the
words "articles of cutlery."
to extend the provisions," and ends with the words
and Ireland.” 1 & 2 Will 4. c. 37 An Act to prohibit the payment in certain trades of wages Section ten, down to “be produced to the court and jury" inclu.
in goods or otherwise than in the current coin of the sive; section eleven, section twelve, section fifteen, section sixteen, realm.
section eighteen, section nineteen, in section twenty the words
or servant in husbandry"; section twenty-one, section twentytwo, section twenty-four from “and unless the agreement in. clusive to end of section, and section twenty-five from “all work
men " to "purposes aforesaid " both inclusive, and the schedules. CAP. XLVII.
person to send a written return to any a savings bank certified under the Trustee An Act to provide for examination into the
inquiry, or to attend as a witness before Savings Banks Act, 1863 [26 & 27 Vict. c.
him, and to examine any witness on oath or affairs of Trustee Savings Banks, and to
87] whether it is carrying on business at
affirmation, and to require any witness to remove doubts as to the Law relating to the
the passing of this Act or not.
take an oath or affirmation and to answer winding-up of such Banks. any question; and
CAP. XLVIII. [16th September 1887. (6 ) to require production of all books, papers, An Act to facilitate the provision of AllotWhereas under section twenty-three of the
and documents which appear to him to Friendly Societies Act, 1875 (38 & 39 Vict. c. 60),
relate to the affairs of the savings bank,
ments for the Labouring Classes. provision is made for the appointment of an and the proäuction of which appears to him
[16th September 1887. inspector to examine irto the affairs of a society
Be it enacted, &c. subject to that Act, but no such power exists for
(3.) If any person, after having had a terder
1. Short title.] This Act may be cited as the examination into the affairs of a trustee savings is entitled, fails, without lawful excuse, to commade to him of the expenses (if any) to which he
Allotments Act, 1887.
2. Duty of sanitary authority to acquire land for And whereas it is expedient, especially having under this section, he shall, on summary convic- allotments.) (1.).On a representation in writing to regard to the recent failure of certain trustee tion, for each offence be'liable to a fine not the sanitary authority of any urban cor rural savings banks, to authorise such an examination : exceeding ten pounds.
district by any six registered parliamentary Be it therefore enacted, &c. :
(4.) Every witness shall be allowed such electors or ratepayers resident, in the case of an 1. Short title, fc.] The Act of the session of the expenses as would be allowed to him when urban district, in that district, and, in the case of twenty-sixth and twenty-seventh years of the attending to give evidence before any superior a rural district, in some parish in that district, reign of Her present Majesty, chapter eighty court, and in case of dispute the amount shall be that the circumstances of the urban district or seven, intituled "An Act to consolidate and referred by the Commissioner to a master or parish are such that it is the duty of the sanitary amend the laws relating to Savings Banks," is in taxing officer of the Supreme Court of Judicature authority to take proceedings under this Act this Act referred to and may be cited as the in England or Ireland, or to the Queen's and Lord therein, the sanitary authority shall take such Trustee Savings Banks Act, 1863.
Treasurer's Remembrancer in Scotland, who, on representation into consideration.
request under the hand of the Commissioner, shall If the sanitary authority of any urban or 1863, may be cited together as the Trustee Savings
quiry made in consequence of such repreBanks Acts, 1863 and 1887. expenses.
sentation or otherwise, that there is a anhis Act may be cited as the Trustee Savings afirmation"under this section wilfully gives false mand for allotments for the labouring popula2. Appointment of Commissioner to examine affairs perjury. evidence, he shall be liable to the penalties for tion in such urban district, or in any parish in
such rural district, and that such allotments canof trustee savings bank.] (1.) The Treasury may, if satisfied on the representation either of such
(6.) The Treasury may, if they think fit, where not be obtained at a reasonable rent and on
a representation is made by depositors, require reasonable conditions by voluntary arrangement number of the depositors in any trustee savings such security for costs to be given as they think between the owners of land suitable for such bank as appears to them sufficient, or of the Com- proper, but except so far as costs may be recovered allotments and the applicants for the same, the missioners for the Reduction of the National Debt, under any such security, all costs incurred in or sanitary authority, subject to the provisions of tion to be made into the affairs of any trustee shall be paid out of moneys provided by Parlia- suitable land which may be available, whether savings bank, apply ex parte to any judge of the
within or without their district or the said parish, High Court of Justice in England or Ireland, or to
adequate to provide a sufficient number of allotany judge of the Court of Session in Scotland,
3. Winding up of savings bank.) For removing ments, and shall let such land in allotments to who, if satisfied that such examination is desir:
doubts as to the applicability of the Companies persons belonging to the labouring population able, may thereupon appoint a
Acts to trustee savings barks, it is hereby de- resident in the said district or parish and desiring Supreme Court of Judicature or a barrister of not
clared that a trustee savings bank is an unregistered to take the same. less than seven years standing in England or association which may be wound up under the
(2.) A sanitary authority shall not under this Ireland, or any advocate of not less than five years provisions of the Companies Act, 1862, and the
Act acquire land for allotments save at such price standing or writer to the signet of not less than
Acts amending the same, respecting the winding or rent that in the opinion of the sanitary authority five years standing in Scotland, as a Commissioner up of unregistered companies, and a petition for all expenses, except such expenses as are incurred to hold a local inquiry into the affairs of that winding up any such bank may be presented in making roads to be used by the public, incurred savings bank, and to report thereon : Provided either by any person who under those Acts is by the sanitary authority in acquiring the land and that such notice any representation by authorised to present a petition for winding up a otherwise in relation to the allotments may reason. depositors under this section shall be given to company, or by the Commissioners for the Reduc. ably be expected to be recouped out of the rents the trustees of the bank as the Treasury may
tion of the National debt, or by a Commissoner obtained in respect thereof.
For the purpose of this section, the expression (2.) Every such Commissioner shall, for the
the rent, exclusive of
“ reasonable rent"
4. Definitions.] In this Actpurposes of the examination which he The expression “Treasury" means the Com- rates, taxes, and tithe rentcharge which a person authorised to conduct, have power.
missioners of Her Majesty's Treasury: taking an allotment might reasonably be expected (a.) to require by summons under his hand a The expression “trustee savings bank” means to pay, taking one year with another, to a land
master of the
lord, having regard to the value of similar land in vislonal order under this section, shall be deemed them to be from time made known, in such manner the neighbourhood, to the extent and situation of to be the special Act, and the sanitary authority as the sanitary authority think fit, to all persons the allotment, to the expenses of adapting the land shall be deemed to be the local authority or the interested, and shall cause a copy thereof to be to the purposes of the allotment, and to the repairs promoters of the undertaking, as the case requires, given gratis to any inhabitant of the district or and other outgoings payable by the landlord, and and the word "land" shall have the same meaning parlsh demanding the same. to the cost and risk of collecting the rents of, and as in this Act.
(3) Subject to the provisions of this Act the otherwise managing allotments.
(6.) Where land is purchased by a sanitary sanitary authority may from time to time appoint, 3. Acquisition of land for purpose of Act.] (1.) For authority under this Act otherwise than by agree and when appointed, remove allotment managers of
land acquired under this Act for allotments, and the purposes of the purchase of land by agreement ment, the following provisions shall apply : by a sanitary authority for allotments, section one
(a.) The county authority shall not make a such allotment managers shall consist either partly hundred and seventy-eight of the Public Health
provisional order for purchasing any park, of members of such authority and partly of other Act, 1875 [38 & 39 Vict. c. 55), and the Lands
garden, pleasure.ground, or
persons, or wholly of other persons, 80 that in Clauses Consolidation Act, 1845 [8 & 9 Vict. c. 18],
required for the amenity or convenience of ether case such other persons be persons residing and the Acts amending the same, shall be incor
any dwelling-house, or any land the property in the locality and contributing to the rate out of porated with this Act, except the provisions with
of a railway or canal company which is or which the expenses under this Act are paid. respect to the purchase and taking of land other.
may be required for the purposes of their (4.) The proceedings and powers of allotment wise than by agreement, and with respect to the
managers shall be such as, subject to the provisions provision to be made for affording access to the
(6.) The county authority shall, in making a of this Act, may be prescribed from time to time by special Act.
provisional order for purchasing land, have the sanitary authority ; the allotment managers (2.) If a sanitary authority are unable by hiring
regard to the extent of land held in the may be empowered by the sanitary authority to do or purchase by agreement to acquire suitable land
neighbourhood by any owner and to the anything in relation to the management of such sufficient for allotments under this Act for any
convenience of other property belonging to allotments which the sanitary authority are district or parish at a reasonable price or rent and
the same owner, and shall so far as is authorised to do, and to incur expenses to such subject to reasonable conditions, such authority
practicable avoid taking an undue or in. amount as the sanitary authority prescribe, and any may petition the county authority of the county in
convenient quantity of land from any one expenses properly so incurred shall be deemed to which the district or parish is situate, and the
be expenses of the sanitary authority under this
(7.) For the purpose of the hiring of land by a county authority (after such inquiry and procedure as provided in the sections hereinafter incorporated sanitary authority for allotments, any person or
7. Provisions as to letting and use of allotments.] in this Act) may make a provisional order anthorig- body of persons of body corporate authorised to (1.) The rents of the allotments shall be fixed at ing the sanitary authority to put in force, as
of this Act may, respects the land mentioned in the order, the pro
an amount not less than such as may reasonably be
without prejudice to any other visions of the Lands Clauses Consolidation Act, power of leasing, lease land to the sanitary authority, expected to insure the sanitary authority from loss ; 1845, and the Acts amending the same with respect without any, fine or premium, for a term not in an unsuccessful attempt to acquire land for to the purchase and taking of land otherwise than exceeding thirty-five years. by agreement.
(8.) The county authority shall not make a Pro. allotments shall be excluded and, subject as afore(3) The Local Government Board, on the ap. visional Order for purchasing any right to coal or
said, such rents may be from time to time charged
as are reasonable, having regard to the agricultural plication of any county authority, shall introdace metalliferous ore.
value of the land, and not more than a quarter's into Parliament a Bill confirming provisional orders 4. Costs to be awarded in certain cases.] Where rent shall be required to be paid in advance in any made under this Act by such county authority, and any Bill for confirming a Provisional Order made case where it is deemed necessary by the sanitary the sanitary, authority petitioning for the order under this Act is referred to a committee of either authority to require the payment of rent in shall be considsred as the promoters of such order. House of Parliament upon the petition of any advance. (4.) For the purpose of the purchase of land person opposing such Bill, the committee shall take
(2.) The sanitary authority shall, for the pur. under this section otherwise than by agreement, into consideration the circumstances under which sections one hundred and seventy-six, two hundred such opposition is made to the Bill, and whether deemed to be the occupiers of the allotments which
poses of all rates, taxes, and tithe rentcharge, be and ninety-six, and two hundred and ninety-seven such opposition was or was not justified by the are let, but they shall cause the sums from time to of the Public Health Act, 1875, shall, so far as con: circumstances, and shall award costs accordingly to sistent with the tenour of this Act, be incorporated be paid by the promoters or the opponents of the charge in respect of the allotments to be apportioned
time paid by way of rates, taxes, and tithe rentwith this Aci, and apply as if they were herein re Bill, as the committee may think just. enacted, with the substitution of “the county
among them, and cause the sum so apportioned in
Any costs under this section may be taxed and respect of each allotment to be certified to the authority ," for “the Local Government Board,” recovered in the manner in which costs may be tenant thereof, and such sum shall be added to the and of it
any officer of the county authority ap taxed and recovered under the twenty.eighth and rent otherwise payable by the said tenant in respect pointed for the purpose of an inquiry" for "in. twenty-Dinth Victoria, chapter twenty-seven. spectors of the Local Government Board."
of such allotment, and shall be deemed to be part
The decision of the majority of the members of of such rent, and be recoverable accordingly; ProProvided that
the committee for the time being present and vided always, that for the purposes of the parlia(a.) Any question of disputed compensation shall voting on any question under this section shall be mentary franchise, and the municipal and all other
be referred to the arbitration of a single deemed to be the decision of the committee. arbitrator appointed by the parties, or if the
local franchises, the tenants shall be deemed to be parties do not concur in the appointment of a 5. Improvement and adaptation of land for allot- the occuplers, and such rates to have been pald by single arbitrator, then, on the application of ments.] The sanitary authority may improve any
them, notwithstanding the provisions herein before
contained. either of them, by the Local Government land acquired by them under this Act, and adapt Board, and the remuneration to be paid to the same for letting in allotments, by draining, allotments acquired under this Act exceeding one
(3 ) One person shall not hold any allotment or the arbitrator appointed by the Local Go- fencing, and dividing the same, acquiring approaches, acre, and an allotment shall not be sub-let. veroment Board shall be fixed by that making roads, and otherwise, as they think fit, and Board : may from time to time do such things as may be
(4.) Provided that if at any time any allotment (6.) If an arbitrator appointed for the purposes of necessary for maintaining such drains, fences, this Act and the regulations, the same may be let
cannot be let in accordance with the provisions of this Act dies or becomes incapable to act approaches, and roads, or otherwise for maintaining to any person whatever at the best annual rent before he has made his award, or fails to
the allotments in a proper condition. make his award within two months after he
which can be obtained for the same, without any is appointed, his appointment shall deter
6. Management of allotments ] (1.) Subject to premium or fine, and op such terms as may enable mine, and the determination of the compen.
the provisions of this Act, the sanitary authority the sanitary authority to resume possession thereof gation shall be referred to another arbitrator
may from time to time make, revoke, and vary within a period not exceeding twelve months if it appointed in like manner as if no arbitrator
such regulations as appear to be necessary or proper should at any time be required to be let under the had been previously appointed : Provided Act, and for preventing any undue preference in
for regulating the letting of allotmeats under this provisions aforesaid. always, that the same arbitrator may be re
(5.). No building other than a toolhouse, shed, appointed:
the letting thereof, and generally for carrying the greenhouse, fowlhouse, or pigstye shall be erected (c.) An arbitrator appointed under this section tiong may define the persons eligible to be tenants
provisions of this Act into effect; and such regula on any part of any allotment, and if any building shall be deemed to be an arbitrator within of such Allotments, and the notices to be given for tary authority shall forthwith pull dowa ediche
other than as aforesaid is go erected the sant. tion Act, 1845, and the Acts amending the and the conditions' under which they are to be cut thereof, and the proceeds of the sale shall the the meaning of the Lands Clauses Consolida- the letting thereof, and the size tops the balletmenter, building and sell and dispose of the materiale same, and the provisions of those Acts with tivated, and the rent to be paid for them. Pro applicable in like manner, respect to an arbitration shall apply accordingly; and, further, the arbitrator, not with. vided that all such regulations shall make provision allotment. If
any, building 80 allowed to standing anything in the said Acts, shall allotment of the determination of this tenancy at the end of the tenancy neither the sapitana
be erected Is erected upon an allotment, then determine the amount of the costs and shall have power to disallow as costs in the arbi
Provided also, that all regulations made under this authority nor the incoming tenant shall be bound considers to have been called unnecessarily, mert Board, ein like manner and subject to the before the expiration of his tenancy, to removerite tration the costs of any witness whom he they have been confirmed by the Local Govern therefor, but the outgołng tenant shall be at libertine and any other costs which he considers to have been incurred unnecessarily,
like provisions as in the case of byelaws under the same, and, if he fails so to do, the sanitary authority (5.) In construing for the purposes of this section
Public Health Act, 1875 [38 & 39 Vict, c. 55). py section or Acts incorporated with this section, under this section shall be binding on ai persons it were a building prohibited to be erecte de
(2.) All regulations for the time being in force terials, and apply the proceeds in like manner as if this Act, together with any Act confirming a pro whatsoever ; and the sanitary authority shall cause
(6) A tenant of an allotment may, before the