Page images
PDF

6. Slwrlf after levy to deposit ways: due at dais of Iroy.] A sheriff inexecution of any process against a company shall, in the first instance, seize for the amount of the jud ment debt and costs, and on such seizure shall fiarthwith require and receive from the purser a full and correct statement of the total sum appearing by the books of the company to be due to the miners or their representatives for such wages as aforesaid, including a fair estimate of moneys earned as wages and not yet ascertained ; and thereupon the sheriff shall enlarge his seizure so as to seize and sell suflicient to satisfy all the aforesaid moneys appearing to be due for such wages in addition to the judgment debt and costs, and such other charges as by law are allowed to the sheriff; and out of the proceeds of such sale shall, after payment of his own costs and expenses, but before paying the judgment debt and costs, pay to the purser the amount of such wages, whose receipt shall be a sufiicient discharge for the same, and who shall distribute the same to the persons entitled thereto.

7. Orders for payment of imyes made by ju.:tz'i-as lo Iinve pi-i'ority.] After the commencement of this Act when orders for the payment of wages due in respect of work done at any mine have been made by any of Her Majesty's justices of tho peace, and the several amounts payable thereunder have not been discharged within the time allowed by law for that urpose, a distress may be levied on and sale made of any such mining effects, in or on such mine, as are by law liable to be distruined for rent,

8. Court to enforce pr-iority.] In addition to every other remedy for obtaining payment of their wages, the said miners, or any of them, may institute proceedings in the court, by way of summons, for enforcing the said first charge given to them by this Act, and the vice-warden may grant and make (ex parts or otherwise) all such injunctions and orders as he may think necessary and proper in order to secure such miners from loss; and if any amount ordered to be paid shall not have been paid within the time mentioned in_such order, execution may be levied on and sale made of any mining effects in or on such mine as are by law liable to be distrained for rent.

9. Under winding-up proceedings money may be borrowed to pay wages] If at the commencement of the winding-up of any company, whether by the court or otherwise, any wages, not exceeding such an amount as under the fourth section would be made a first charge, are unpaid, the same shall be paid by the oflicial liquidator or liquldator forthwith in priority to all other costs except such costs of and incidental to the making of the order for the winding up as in the opinion of the court shall have been properly incurred, and, subject to the tenth section of this Act, to all claims, whether by mortgagees, execution creditors, or any other person whatsoever; and, subject as aforesaid, the court may by order charge the whole or any part of the assets of the company, in absolute priority to all claims and to all existing mortgages or charges thereon, with the payment of the sum suflicientto discharge the said wages, with interest thereon at a rate not exceeding five per centum per annum, and such charge may be made in favour of any person who is willing to advance the requisite amount, or any part thereof, and as soon as the said sum has been so advanced the said wages shall be paid without delay, so far as such advanced amount extends, and in such order of payment as the court directs.

10._ Saying of rights of clerks and ssrvanta] Nothinginthe fourth or eighth section of this Act is to taken to ha_ve the efiect of defeating or abridging or extendmg the right conferred algal flail; ainld serzants by] the (llgmpanies Act,

__ iv-c-28.1» paidinthe Wlflqmg up of a companly in priority to other creditors, par-i passu with abourers and workmen out of such assets only as are distributable by the iljléllfifilfllor 31' Xfiicial liquidator within the meaning

6 sa_l c except that such priority shall oglyl be given to'the extent of three months, and s a not extend to the principal agent or manager, purser or secretary.

[ocr errors]
[graphic]

earned by any miner working at surface during tho continuance of his employment seven days wages and no more. Subject to the right of the company to retain such seven days wages, all surface miners shall be paid once a fortnight, and the amount so retained shall be paid to the miner within seven days of his ceasing to be employed by the company. All wages that may become due to miners employed by contract underground shall be payable within fourteen days from the expiration of the contract. At the en of twenty-eight days from the commencement of the contract, and also at the end of every subsequent fourteen days during the continuance of the same contract, every such miner shall be entitled to subsist ; that is, to a payment on account of his wages equal to the amount that the agent may estimate that the miner has earned in wages during the fourteen days for which payment is due. And if the agent shall refuse or neglect to make any estimate, or shall make an unreasonable estimate, the miner may forthwith apply to any two or more justices of the peace, who shall fix such amount of subsist as ought to be paid to him, and make an order for such payment tobo forthwith made to him, subject to such directions as to costs as they may think fit:

Provided that when a miner first enters employment by contract under ground in a mine he shall be entitled to seven days subsist at the end of the first fortnight, and to a further seven days subsist at the end of the second fortnight. And that on leaving any mine a miner shall be entitled to the payment of allwages dueto him if employed by tut work at the end of seven days from the termination of his employment, and if employed on tribute at the end of seven days from the sampling and assaying of the orc raised by him, and in t e case of copper at the cud of seven days from the next ticketing day.

12. Paymmt in convenient coin.] The purser shall pay all wages and subsist to the miners at the account house of the mine in current coins of the realm as defined by the Coinage Act of 1870 [33 8: 34 Vict. c. 10]; so as shall enable an immediate division to be made amongst the individual miners entitled to receive the same; nothing but such coins to bc a legal tenderto a miner for wages or subsist.

13. Jilin: club funds to be accounted far.] (1.) After the commencement of this Act, any custom or rule of law to the contrary notwithstanding, all moneys deducted in any mine from the wages or earnings of or otherwise contributed by the miners for the purposes of a mine club, or accident, or sick or benefit fund, shall, unless a majority of the miners shall by resolution decide otherwise, be deemed to belong to the miners and not to the company, and the said moneys, and any contributions added thereto by the shareholders, shall be placed to a separate account, and the details thereof, showing the amount received and the several payments thereout, and to whom made during each preceding sixteen weeks, shall be set out in the balance sheet to be presented to the shareholders at each ordinary meeting; and a copy of the same shall be posted in the miners dry or changing sheds, and in the account house ; and it shall be lawful for the miners in any mine, if they so please, to appoint any two of themselves to audit the said mine club fund accounts: Provided that section thirty-four of this Act shall not restrain the right of the miners to ass any such resolution, and such resolution shad have effect for twelve calendar months only after the passing thereof. And in the event of any money being so deducted for the purpose of medical attendance, euch_ miner shall be entitled to name a qualified medical practitioner to whom the amount so deducted from his wages shall be paid for such medical attendance.

(2.) Upon the winding up of any company in the court of the vice-warden or any other court, or otherwise, the said mine club moneys or fund shall not be deemed to be or be alpplied as part of the assets of the company in iquidation of the debts of the company or otherwise; but shall be accounted for by the parser or any other person in pgssession of the fund to the liquidator, and shall

recoverable by him, and shall be ap lied in accordance with the rules of the club. %here a company is being wound up voluntarily, the liqui

[graphic]

dator, or any person claiming to be entitledto any such moneys or fund, may apply to the court for directions or to determine any question arising in the matter, in the same manner as if the company were being wound up by the court.

14. Power to pay over club funds to registered

friendly society/.] When deductions are made from

the wages of miners for t-he maintenance of a mine club fund, under the provisions of the last preceding section of this Act, it shall be lawful for the miners employed in or about the mine by resolution of a majority of such miners to appoint a committee of management of such fund: Provided that if any portion of thc said fund is coutributed by the company, the sanction and concurrence of the said company shall be required in respect of the appointment of such committee; and such committee may transfer the same to any registered friendly society, established for the whole or any part of the stannaries district, and willing to receive the same upon such termsasmay be agreed upon between the said committee and the said society.

15. Appointment of check-weiglma] When the amount of the wages payable to miners depends on the quantity and quality of the minerals sent to the surface by them, such miners may, at their own cost, station a person (herein called a checkweigher) at the place at which such mineral is weighed to take account of the weight thereof; and such check-weigher, or some other miner, may also be present when the sampler of the company samples the said mineral, and the said sampler shall divide the sample taken by him into three parts, and shall retain one of such parts for the use of the company, give another part to the check-weigher or such other miner for the mmers, and deposit the remaining part with the purser of the company for future use, if either the company or the miners require that it should be assayed; and such remaining part shall be sealed up in the presence of the check-weigher or such other niiner, and retained by the company for assay, if required; the said check-weigher or other miner shall_not interrupt or interfere in any way with the weighing or sampjing of the said mineral, and shall not enter t e assay oflice of the company, not shall the absence of the check-weigher be_a reason for delaying the said weighing and sampling.

16. Supply of tools and niateriala] Tools, imp“?ments, and materials supplied to miners by the company for the purposes of the mine shallbe suppllfldi as nearly as possible, at market price ; and such prices and the quantities shall be distinctly specified in the account delivered to the mmers.

17. Notice to quit and compmrati'on_fiir fi-till"!-J Where a miner contracts to work a tin stream at B fixed rate of tribute on the terms of providi!18 ‘ma fitting uplat his own expense the necessary Pint and mac ‘nery, he shall in any case be entitled to not less than one month's notice to quit, and 5° In such machinery and plant, and to _all tin stnfi, dressed ore, or leavings that may be in and about his works at the date of his leaving, and he B11811 have reasonable time allowed to him to remove the same.

[ocr errors]
[ocr errors][merged small][ocr errors][merged small][ocr errors][ocr errors]
[graphic][ocr errors][graphic]

shall, in addition to any registration thereof now required by law, be registered within twentyeight days from th_e date thereof, at the oflice of the said registrar, in a book to be kept there for that purpose, without payment of any fee, and such_ ook shall be subject to the inspection of all applicants at all reasonable times, and no such mortgage, mortgage debenture, or other document, unless so registered, shall confer any priority over or title as against the claims of any peIB0l1B whatever for work and labour done or services performed m or upon such mine, or for goods and materials supphed to any company bywhich the said mine is carried on; such registration shall not affect any priority in respect of wages under the provisions of this Act.

20. Copy/qf all mininy grants to be _/iIed.] A true copy of all leases, grants, and licences made after the commencement of this Act, giving to the grantee the right to work mineral property within the said stannaries, and also of all assignments and contracts for the sale of such leases, grants, and licences, shall be filed by the lessee, grantee, licencee, assignee, or purchaser thereof at the said ofilce of the said registrar within fourteen days from the execution thereof ; and in default of suc_h filing thereof, no such lease, grant, licence, assignment, or contract shall until filed be enforceable at law or in equity.

21. Valuation of relinquished s/iaru.] When after the commencement of this Act a share in a company has been relinquished, and a valuation of the materials and other assets of the company is required to be made as between the shareholder who has relinquished and the continuing shareholders, such valuation shall be made upon the basis that all the said continuing shareholders hlpd also at the sane time relinquished. their s ares.

22. Ralinqaishment not valid unless delivered six wcclu bcfarc stoppage q/‘mine.] After the commencement of this‘Act a relinquishment shall not have any effect if it be delivered within the six weeks immediately receding the day on which a resolution to wind) up the company shall be legally passed at aduly convened meeting of the company, or on which an order shall be made to wind up the same; by or subject to the supervision of the cour .

23. Azvozuits to be cnlcred in coal boo/la] The purser of every cost book mine shall, once at least every sixteen weeks, truly enter in the cost book of e mine accounts showing the actual financial position of the company at the end either of the financial month of such company last preceding the time of entry, or of the calendar month last Preceding that time, including a statement of all credits, debts, and liabilities, and distinguishing innuch accounts the amounts of calls paid, and Calls not paid, and also all other accounts, documents, and things that the purser is required to enter therein by the custom of the stannaries, or b? the direction of the company, and if any purser shall fail to make such entries or any of them within the time or in manner above directed, he shall, when and so often as he shall so fail, be liable to a penalty not exceeding twenty pounds, to be recovered in a summary manner before any W0 or more justices of the peace.

24. Penalty for false enlries, §-0.] If in the said accounts any false statement or entry shall be made or any material particular omitted with the knowledge of the purser, the said purser shall be liable in respect of every such false statement, entry, or omission to a penalty not exceeding fifty pgunds, to be recovered in a summary manner

fore any two or more justices of the peace, and the said j usticcs may, in their absolute discretion, award any portion of the penalty imposed by them (Hot exceeding one moiety thereof) to the prosecutor, provided he is ashareholder in the company 0r_ a person having a legal right to inspect the said accounts; if such false statement, entry or material particular, has been made or omitted with the knowledge of the manager of the mine, such manager shall also be liable to a like penalty, to bf? recovered in like manner and with the like discretion in the justices as to their apportionment thereof.

25- Mcetings to be held once every sizlcm weelcs.] The purser of every cost book mine shall duly

[graphic]
[ocr errors]
[graphic]
[graphic]

convene an ordinary meeting of the shareholders in such mine at least once every sixteen weeks, for the transaction of the ordinary business of the said mine, and at every such meeting the cost book of the said mine, containing the accounts and other matters required by this Act to be entered therein, together with a list showing the name and address of every shareholder from whom any call is in arrear and unpaid, and the amount of the calls unpaid by him, shall be laid before the meeting, and be open to full and unrestricted inspection by any shareholder present, and if any purser shall fail to convene such meeting, or to duly hold the same, or shall fail to produce the said cost book thereat, or to permit it to be inspected as aforesaid, he shall forfeit for each and every such default a sum not exceeding ten pounds, to be recovered in a summary manner on the complaint of any shareholder in the company, before any two or more justices of the peace.

26. Accounts to be pl'i!lltd.] The accounts by the twenty- third section of this Act directed to be entered in the cost book shall, after the same have been laid before a meeting of the shareholders in pursuance of the twenty-fifth section, be printed, ands copy thereof sent to each shareholder in the company and also to the lessors of the mine. _

27. Amalgamation of aafioininy mines.] When the limits of any mine join those of any other mine the companies respectively working the said mines may, with the consent in writing of the respective lessors thereof in all cases where such consent is by law or custom necessary, amalgamate and become one company, provided that no such amalgamation shall take place unless each of the said companies shall authorise the same by a special resolution, to which two-thirds in value of the shareholders in the said company shall consent in writing; such resolution shall be registered in the court,and the amalgamation shall not take effect until such registration, and shall be advertised in such manner as the court directs.

28. Peliliaais to wind up mining companies ta be presented in stammry csurt.] The court of the vicewarden of the stannaries shall have the same jurisdiction in the winding up of all companies formed for working mines within the stannaries (unless they are shown to be then actually working mines or to be engaged in any other un ertaking, or to have entered into any contract for such working or undertaking beyond the limits of the stannaries), as has heretofore been exercised by the said court, pursuant to the eighty-first section of the Companies Act, 1862 [25 & 26 Vict. c. 89], in respect of companies engaged in working any mine within and subject to the jurisdiction of the said stannaries.

29. Unclainml money] When and as often after the commencement of this Act as the registrar of the court shall have standing in his name in the Bank of England, or in either of the local banks in which lie has been duly authorised to open accounts as registrar, any moneys which have become distributable or payable under orders of the court in creditors or pursers suits, or iumatters arising out of the winding-up of companies, puisuant to the Companies Act, 1S62,_or any other Act, and which have remained unclaimed by or_on behalf of any person thereto entitled for a period of two years, and the registrar shall report th_e same to the vice-warden, the vice-warden _is hereby empowered to cause to be invested, in the joint names of himself and the registrar,_in Government securities, the wh_olc_ or any portion of such moneys, without prejudice to the claim of any person entitled to any part Of the principal sums, and the income thereof, and the income derived from a sum pf two hundred and seventeen pounds five shillinfs and fourpence, now standing in the joint 11811198 °l the vice-warden imd the registrar, in the Three Pound per Cent. Consolidated Bank Annuities, under the authority of an order of the vicewarden, approved by the Lord_Chancel1or, sanctioning the investment of a portion of the amount of unclaimed deposits pursuant to _the sixty-first section of sevcnt and eighth Victoria, chapter_one hundred and five, and the income_to be derived from any further investments which _may hereafter be made under the same authority shall_be allowed to accumulate; and the said several incomes meanwhile shall be kept as separate funds

[graphic]
[ocr errors]

apart from the ordinary fees of the court arising from other business; and be it further enacted, that the expense of making the said investments, or any re-investments of the unapplied produce thereof in the like securities, and any expenses which may be incurred in the sales of stock, to satisfy the claims of parties who may be entitled thereto, and any expenses of keeping the necessary accounts, shall be a first charge upon the income derived from the securities.

30. 1 Q 2 Vict. 0. 110, s. 1T, la apply to slzumaries cour-L] Whereas it may be doubted whether section seventeen of statute first and second Victoria, cha ter one hundred and ten, applies to the court of the vice-warden of the stannaries it is hereby enacted that any judgment debt in an action commenced in that court by writ of summons shall carry interest at the rate of four pounds per centum per annum from the time of entering up the judgment until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment.

31. Duplicate rcgistrali'on.] From and after the commencement of this Act any company engaged in or formed for working a mine within the stannaries, and which has been or shall hereafter be registered either at the joint stock companies office in London or at the office of the assistant registrar at Truro, shall, together with every original document and the copy of every return required by the Companies Act, 1862, or any subsequent Act to be filed in the office where such company is registered, also transmit a copy of such original document and a second copy of any return to the said oflice, and it shall be the duty of the registrar or the assistant registrar, as the case may be, to forward such copies, the one to the other, for the purpose of being filed. And the penalties mentioned in sections twenty-seven, thirty-four, and thirty-nine of the Companies Act, 1862, and the provision of section forty of the same Act, shall attach to a company making default in transmitting the aforesaid copies.

32. Certain returns to be registered at the siannary court] The purser of every co>t book mine shall within ten days of the expiration of the months of January, May, and September in each year cause to be filed or registered at the said registration ofiice at Truro a summary or return containing the several particulars set forth in section twentysix of the Companies Act, 1862, exclusive of the list of members of the company therein mentioned.

33. 18 tj-19 Vict. c. 32, .9. 23, ta extend ta this Acl] The powers contained in the Act eighteen and nineteen Victoria, chapter thirty-two, section twenty-three, and any other existing powers of the vice-warden to make rules and orders, and to prescribe forms for carrying into effect such rules and orders, shall extend to this Act, and this Act shall, so far as is consistent with the terms thereof, be construed as one with all former Acts relating to the court of the vice-warden of the stannaries.

34. Evasions of this Act to be 1/0:11.] Any contract expressed or implied with the employers, o_r terms of hiring, which would in effect deprive miners of any right secured to them by this Act or impose any condition whatever in reference to the disposition of club or benefit funds, shall, so far as such rights are nfiected, and in respect of any such condition, bo void and of no effect.

35. Printed copies of this Av! to be pasted upg Printed copies of this Act, and of the rules an regulations for the time being in f0_rce in any mine, shall be kept posted up in the smiths shop and in the miners dry or changing shed_of every mine.

36. Uommeizcemcnl of Acl.] This Act shall come into operation on the first day of December one thousand eight hundred and eighty-seven.

[ocr errors]
[ocr errors]
[ocr errors]

CAP. XLV.
An Act for further amending the Enavimellta

[merged small][graphic][merged small][ocr errors]

l. Short titZc.] This Act may be cited as the Truck Amendment Act, 1887. The Act of the session of the first and second years of the reign of King William the Fourth, chapter thirty-seven, intituled “An Act to prohibit the payment in certain trades of wages in goods or otherwise than in the current coin of the realm" (in this Act referred to as the principal Act), may be cited as the Truck Act, 1831, an that Act and this Act may be cited together as the Truck Acts, 1831 and 1887, and shall be construed together as one Act.

2. Application of principal Act lo workman as defined by 38 Q39 Vict. c. 90.] The provisions of the principal Act shall extend to, apply to, and include any workman as defined in the Employers and Workmen Act, 1875, section ten, and the expression “artiflcer ” in the principal Act shall be construed to include every workman to whom the princi al Act is extended und applied by this Act, and all provisions and enactments in the principal Act inconsistent herewith are hereby repealed.

3. Advance of wagca] Whenever by agreement, custom, or otherwise, a workman is entitled to receive in anticipation of the regular period of the payment of his wages an advance as part or on account thereof, it shall not be lawful for the employer to withhold such advance or make any deduction in respect of such advance on account of poundage, discount, or interest, or any similar charge.

4. Saving for servant in husband:-y.] Nothing in the principal Act or this Act shall render illegal a contract with a servant in husbandry for giving him food, drink, not being intoxicating, a cottage, or other allowances or privileges in addition to money wages as a remuneration for his services.

5. Order for goadaas a deduct ion from u:ngss1'll4gal.] In any action brought by a workman for the recovery of his wages, the employer shall not be entitled to any set ofi or counterclaim in respect of any goods supplied to the workman by any person under any order or direction of the employer, or any agent of the employer, and the employer of a workman or any agent of the employer, or any person supplying goods M the workman under any order or direction Oi such employer or agent, shall not be entitled to sue the workman for or in respect of any goods supplied by such employer or agent, or under such order or direction, as the case may be.

Provided that nothing in this section shall apply to anything excepted by section twenty-three of the principal Act.

6. Nu contracts with workman as lo spending wages at any particular shop, gm] No employer shall, directly or indirectly, by himself or his agent, impose as a condition, express or implied, in or for the employment of any workman any terms as to the place at which, or the manner in which, or the person with whom, any wages or portion of wages paid to the workman are or is to be expended, and _no employer shall by himself or his agent dlfimllfl any workman from his employment for or pn account of the place at which, or the manner in which, or the person with whom, any wages or portion of wages paid by the employer to such workman are or is expended or fail to be expended.

_ 7. Deduction for cduoat|'on.] \Vhere l\l1Yd6dl1Cll0l1 Id made by an employer from u workman’s wages for education, suc workman on sending his child in any state-inspected school selected by the workman shall be entitled to have the schoo fees of his child at that school paid by the employer at the same rate and to the same extent as the other workmen from whose wages the like deductionis made by such employer,

In this section “state-inspected school" means an? elomentarg school inspected under the direc

on of the E ucatlon Department in England or

[graphic]
[ocr errors]
[graphic][merged small][merged small][merged small]

10. Arllficer to be paid m cash and not by way of barter for articles made by him ] \Vhere articles are made by a person at his own home, or otherwise, without the employment of any person under him except a member of his own family, the principal Act and this Act shall apply as if he were n workman, and the shopkeeper, dealer, trader, or other person buying the articles in the way of trade were his employer, and the provisions of this Act with respect to the payment of wages shall apply as if the price of an article were wages earned during the seven days next preceding the date at which any article is received from the workman by the employer.

This section shall ap%y only to articles under the value of five pounds itted or otherwise manufactured of wool, worsted, yarn, stuff, jersey, linen, fustian, cloth, serge, cotton, leather, fur, hemp, flax, mohair, or silk, or of any combination thereof, or made or prepared of bone, thread, silk, or cotton lace, or of lace made of any mixed materials. Where it is made to appear to Her Majesty the Queen in Council that, in the interests of persons making articles to which this section applies in any county or place in the United Kingdom, it is expedient so to do, it shall be lawful for Her Majesty, by Order in Council, to suspend the operation of this section in such county or place, and the same shall accordingly be suspended, either wholly or in part, and either with or without any limitations or exceptions, according as is provided by the Order.

11. 0fl'mces.] If any employer or his agent contravenes or fails to comply with any of the foregoing provisions of this Act, such employer or agent, as the case may be, shall be guilty of an offence against the principal Act, and shall be liable to the penalties imposed by section nine of that Act as if the ofieuce were such an offence as in that section mentioned.

12.—Fine on person committing ojfancc for which employer is liable, and powcr of employer to exempt himselffrom penalty on conviction of as-lucl qfl‘cnd:r.] (1.) Where an offence for which an employer is, by virtue of the principal Act or this Act, liable to apenalty has in fact been committed by some agent of the employer or other person, such agent or other person shall be liablc to the same penalty as if he were the employer.

(2.) Where an employer is charged with an offence against the principal Act or this Act he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge, and if, after the commission of the offence has been proved the employer proves to the satisfaction of the court that he had used due diligence to enforce the execution of the said Acts, and that the said other person had committed the offence in question without his knowledge, consent, or connivance, the said other person shall be summarily convicted oi such offence, and the employer shall be exempt from any penalty.

When it is made to appear to the satisfaction of an inspector of factories or mines, or in Scotland a procurator fiscal, at the time of discovering the offence, that the employer has used due diligence to enforce the execution of the said Acts, and also by what person such offence had been committed, and also that it had been committed without the knowledge, consent, or connivance of the em

[graphic]
[ocr errors]

ployer, then the inspector or procuratnr fiscal shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the employer.

13. }_'Becoc¢r_y ofpmultlem] (1.) Any offence against the principal Act or this Act may be prosecuted, and any penalty therefor recovered in manner pro. vided by the Summary Jurisdiction Acts, so, however, that no penalty shall be imposed on summary conviction exceeding that prescribed by the principal Act for a second offence.

(_2.) It shall be the duty of the inspectors of factories and the inspectors of mines to enforce the provisions of the principal Act and this Act within their districts so far as respects factories, workshops, and mines inspected by them respectively, and such inspectors shall for this purpose have the same powers and authorities as they respectively have for the purpose of enforcing the provisions of any Acts re atiug to factories, workshops, or mines, aud all expeu=es incurred by them under this section shall be defrayed out of moneys provided by Parliament.

[merged small][merged small][ocr errors][merged small][merged small][merged small]

18. Jppliczlian of Aoll Io Ireland] The pl'll1(!ll Act, so far as itis not hereby repealed. and l " Act shall extendto Ireland, subject to the following provisions: .

(1 ) Any offence against the principal Act OI tll" Act may be prosecuted and any penalty therefor may be recovered in the mflmlfl provided by the Summary Jurisdiction (Ireland) Acts; (that is to say,)w1thin thfl Dublin Metropolitan Police District the regulating the powers and duties of ]\15l7I<¥' of the peace and of the police of that dutrict, and elsewhere in Ireland the Fella Sessions (Ireland) Act, 1851, and the Ac amending the same; _ A t Penalties recovered under the princllm ct or this Act shall be applied in the mug‘; directed by the Fines (Ireland) Actl and the Acts amending the same.

[ocr errors]

I

Ll

[ocr errors][graphic][graphic][ocr errors][graphic][subsumed][ocr errors][graphic][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][graphic][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][graphic][merged small][merged small][graphic]
[merged small][merged small][merged small][ocr errors]

1. Slim-_t lillc, gm] The Act of the session of the twenty-sixth and twenty-seventh years of the "1811 Of Ber ‘present Majesty, chapter eightyseven, mtitule “An Act to consolidate and Blliend the laws relating to Savings Banks," is in this Act referred to and may be cited as the Trustee Savings Banks Act, 1863. l8Tl1lfl Act and the Trustee Savings Banks Act,

63. may be cited together as the Trustee Savings Bank_s Acts, 1863 and 1887.

This Act maybe cited as the Trustee Savings Banks Act, 1887.

2- Jppainfment of Commissioner to examine afairs vfifunlee ltwmgs ban/c.] (1.) The Treasury may, if satisfied on the representation either of such sllmber of the depositors in any trustee savings

Qlllf 88 appears to them sufficient, or of the Com?;ll8S10ll6\‘B _for the Reduction of the National Debt,

_ at there is good reason for causing an examinat\°l} to be made into the aifairs of any trustee s“,'m8B bank, apply ex parte to any judge of the H‘8l1_ Court of Justice in England or Ireland, or to “"7 J1_ldge oi the Court of Session in Scotland, “gill. If satisfied that such examination is desirg 1°, may thereupon appoint a master of the 3 “Preine Court of Judicature or a barrister of not I851 than seven years standing in England or 56 alldi or any_ advocate of not less than five years 2 finding or writer to the signet of not less than

'° Yeflrs standing in Scotland, as a Commissioner W lwld a local inquiry into the affairs of that xvlngs bank, and to report thereon: Provided d 915 _Fi1ch notice of any representation by "SPOBWOIB under this section shall be given to d_@ trustees of the bank as the Treasury may

lrect.

(2-) Every such Commissioner shall, for the PTP°!_B8 of the examination which he is authorised to conduct, have power-—

l"-) U0 require by summons under his hand 8

I

[ocr errors]

person to send a written return to any Inquiry, or to attend as a witness before him, and to examine any witness on oath or aflirmation, and to require any witness to take an oath or afllrmation and to answer any question; and

to require production of all books, apers, and documents which appear to him to relate to the affairs of the savings bank, and the production of which appears to him necessary.

(3.) If any person, after having had a tender made to him of the expenses (if any) to which he is entitled, fails, without lawful excuse, to comply with any requirement of the Commissioner under this section, he shall, on summary conviction, for each offence be liable to a fine not exceeding ten pounds.

(4.) Every witness shall be allowed such expenses as would be allowed to him when attending to give evidence before any superior court, and in case of dispute the amount shall be referred by the Commissioner to a master or taxing oflicer of the Supreme Court of Judicature in England or Ireland, or to the Queen’s and Lord Treasurer’s Remembrancer in Scotland, who, on request under the hand of the Commissioner, shall ascertain and certify the proper amount of the expenses.

(5.) If any person on examination on oath or aflirmation under this section wilfully gives false evidence, he shall be liable to the penalties for perjury. _ _

(6.) The Treasury may, if they think fit, where a representation is made by depositors, require such security for costs to be given as they think proper, but except so far as costs may be recovered

d such security all costs incuri-ed iu_or

un er any , incidental to any proceeding under this section ' d b P rlia

shall be paid out of moneys provide y a ment.

3. TVmding up of savings b/mk.] For removing doubts as to the applicability of the Companies Acts to trustee savings banks, it is hereby declared that a trustee savings bank is an unregistered association which may be wound up under the provisions of the Companies Act, 1862, and the Acts amending the same, respecting the winding up of unregistered companies, and a petition for winding up any such bank may be presented either by any person who under those Acts is authorised to present a petition for winding up a company, or by the Commissioners for the Reduction of the National debt, or by a Commissoner appointed under this Act.

4. De/im'ti'ons.] In this ACt—

The expression “Treasury” means the Com

missioners of Her Majesty's Treasury:

The expression “trustee savings bank” means

(5)

a savings bank certified under the Trustee Savings Banks Act, 1863 [26 & 27 Vict. c. 87] whether it is carrying on business at the passing of this Act or not.

GAP. XLVIII. An Act to facilitate the provision of Allotments for the Labour-ing Classes. [16th September 1887.

Be it enacted, &c.

1. Short titk.] This Act may be cited as the Allotments Act, 1887.

2. Duty of sanitary authority to acquire land for allalmenta] (1.) On a representation in writing to the sanitary authority of any urban or rural district by any six registered parliamentary electors or ratepayers resident, in the case of an urban district, in that district. and, in the case of a rural district, in some parish iu that district, that the circumstances of the urban district or parish are such that it is the duty of the sanitary authority to take proceedings under this Act therein, the sanitary authority shall take such re resentation into consideration.

‘if the sanitary authority of any urban or rural district are of opinion, either after inquiry made in consequence of such representation or otherwise, that there is a demand for allotments for the labouring population in such urban district, or in any parish in such rural district, and that such allotments cannot be obtained at a reasonable rent and on reasonable conditions by voluntary arrangement between the owners of land suitable for such allotments and the applicants for the same, the sanitary authority, sub‘ect to the provisions of this Act, shall by purchase or hire acquire any

l d which may be available, whether

suitable an within or without their district or the said parish, t mber of allot

adequateto provide a sufllcien nu ments, and shall let such land iii allotments to persons belonging to the labouring population resident in the said district or parish and desiring to take the same. _ (2.) A sanitary authority shall not under this Aot acquire land for allotments save at such price or rent that in the opinion of the sanitary authority all expenses, except such expenses as are incurred In making roads in be_nsed by the public, incurred by the sanitary authority in acquiring the laud Ind otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents

obtained in respect thereof. f this section the expression

For the purpose o 1 “ragsongble rent " means the rent, exclusive of rates, taxes, and tlthe_rentcharge which a perlou taking an allotment might reasonably be expected to pay, taking one year with another, to IA land

[graphic]

lord, having regard to the value of similar land in the neighbourhood, to the extent and situation of the allotment, to the expenses of adapting the land to the purposes of the allotment, and to the repairs and other outgoings payable by the landlord, and to the cost and risk of collecting the rents of, and otherwise managing allotments.

3. Acqmlsitionofland for purpose of Act.] (1.) For the purposes of the purchase of land by agreement by a sanitary authority for allotments, section one hundred and seventy-eight of the Public Health Act, 1875 [38 8: 39 Vict. c. 55], and the Lands Clauses Consolidation Act, 1845 [8 a 9 Vict. c. 18], and the Acts amending the same, shall be incorporated with this Act, except the provisions with respect to the purchase and taking of land otherwise than by agreement, and with respect to the provision to be made for aifording access to the special Act

(2.) If a sanitary authority are unable by hiring or urchase by agreement to acquire suitable land suigcient for allotments under this Act ior any district or parish at a. reasonable price or rent and subject to reasonable conditions, such authority may petition the county authority of the county in which the district or parish is situate, and the county authority (after such inquiry and procedure as provided in the sections hereinafter incorporated in this Act) may make a provisional order authorising the sanitary authority to put in force, as respects the laud mentioned in the order, the provisions of the Lands Clauses Consolidation Act, 1845, and the Acts amending the same with respect to the purchase and taking of lend otherwise than by agreement.

(3) The Local Government Board, on the application oi any county authority, shall introduce into Parliament a Bill confirming provisional orders made under this Act by such county authority, and the sanitary authority petitioning for the order shall be oonsidsred as the promoters of such order.

(4.) For the purpose of the purchase of land under this section otherwise than by agreement. sections one hundred and seventy-six, two hundred and ninety-six. and two hundred and ninety-seven of the Public Health Act, lS75, shall, so far as consistent with tne tenour of this Act, be incorporated with this Act, and apply as if they were herein reenaeted, with the substitution of “ the county authority" for "the Local Government Board,” and of “any oificer of the county authority appointed for the purpose of an inquiry" for " inspectors of the Local Government Board."

Provided that

(a,.) Any question of disputed compensation shall be referred to the arbitration of a single arbitrator appointed by the parties, or if the parties do not concur in the appointment of a single arbitrator, then, on the application of either of them, by the Local Government Board, and the remuneration to be paid to the arbitrator appointed by the Local Government Board shall be fixed by that Board :

(b.) If _an arbitrator appointed for the purposes of this Act dies or becomes incapable to act before he has made his award, or fails to inake hi_s award within two months after he reappointed, his appointment shall determine, and the determination of the compensation shall be_referred to another arbitrator appointed in like manner as if no arbitrator had been previously appointed: Provided always; shat the same arbitrator may be re

c n e ~

PP -
An arbitrator appointed under this section
shall be deemed to be an arbitrator within
the meaning of the Lands Clauses Consolida-
tion Act, 1845, and the Acts amending the
lame, and the provisions of those Acts with
respect to an arbitration shall apply accord-
1°81)’; Ind, further, the arbitrator, notwith-
standing anything in the said Acts, shall
determine the amount of the costs and shall
hive power to disallow as costs in the arbi-
tration the ccsfs of any witness whom he
00nli(lel‘8 to have been called unnecessarily,
and any other costs which he considers to
have been incurred unnecessarily.
(5-l IQ vcsstrning for the purposes of this section
tggalxééoz or acts iocorporattd with this section

[ocr errors]
[ocr errors]
[graphic]
[graphic]

visional order under this section, shall be deemed to be the special Act, and the sanitary authority shall be deemed to be the local authority or the promoters of the undertaking, as the case requires, and the word “ land " shall have the same meaning as in this Act.

(6.) Where land is purchased by a sanitary authority under this Act otherwise than by agreement, the following provisions shall apply :

(c.) The county authority shall not make a

provisional order for purchasing any park,
garden, pleasure-ground. or other land
required for the amenity or convenience of
any dwelling-house, or any land the property
of a railway or canal company which is or
may be required for the purposes of their
undertaking:
The county authority shall, in making a
provisional order for purchasing land, have
regard to the extent of land held in the
neighbourhood by any owner and to the
convenience of other property belonging to
the same owner, and shall so fur as is
practicable avoid taking an undue or in-
convenient quantity of land from any one
owner.

[ocr errors]

(7.) For the purpose of the hiring of land by a sanitary authority for allotments, any person or body of persons or body corporate authorised to sell land to the sanitary authority for the purposes of this Act may, without prejudice to any other power of leasing, lease land to the sanitary authority, without any fine or premium, for a term not exceeding thirty-five years.

(8.) The county authority shall not make a Provisional Order for purchasing any right to coal or metalliferous ore.

4. Goalsto be awarded in certain cases] Where any Bill for confirming a Provisional Order made under this Act is referred to a committee of either House of Parliament upon the petition of any person opposing such Bill, the committee shall take into consideration the circumstances under which such opposition is made to the Bill, and whether such opposition was or was not justified by the circumstances, and shall award costs accordingly to be paid by the promoters or the opponents of the Bill, as the committee may think just.

Any costs under this section may be taxed and recovered in the manner in which costs may be taxed and recovered under the twenty-eighth and twenty-ninth Victoria, chapter twenty-seven.

The decision of the majority of the members of the committee for the time being present and voting on any question under this section shall be deemed to be the decision of the committee.

5. Improvement and adaptation of land for allotments] The sanitary authority may improve any land acquired by them under this Act, and adapt the suuie for letting in allotments, by draining, fencing, and dividing thssame, acquiring approaches, making roads, and otherwise, as they think lit, and may from time to time do such things as may be necessary for maintaining such drains, fences, approaches, and roads, or other wise for maintaining the allotments in a proper condition.

6. Management of allotments] (1.) Subject to the provisions of this Act, the sanitary authority may from time to time make, revoke, and vary such regulations as appear to be necessary or proper for regulating the letting of allotments under this Act, and for preventing any undue preference in the letting thereof, and generally for carrying the provisions of this Act into effect; and such regulations may define the persone eligible to be tenants of such allotments, and the notices to be given for the letting thereof, and the size of the allotments, and the conditions under which they are to be cultivated, and the rent to be paid for them. Provided that all such regulations shall make provision for reasonable notice to be given to a tenant of any allotment of the determination of his tenancy. Provided also, that all regulations made under this section shall not he of any force unless and until they have been confirmed by the Local Government Board, in like manner and subject to the like provisions as in the case of byelaws under the Public Health Act, 187-3 [38 6: 39 Vict. 0. 55].

(2.) All regulations for the time being in force under this section shall be binding on all persons whatsoever ; and the sanitary authority shall cause

[graphic]
[graphic]

them to be from time made known, in such manner as the sanitary authority think fit, to all persons interested, and shall cause a copy thereof to be given gratis to any inhabitant of the district or parish demanding the same.

(3) Subject to the provisions of this Act the sanitary authority may from time to time appoint, and when appointed, remove allotment managers of land acquired under this Act for allotments, and such allotment managers shall consist either partly of members of such authority and partly oi other persons, or wholly of other persons, so that in either case such other persons be persons residing in the locality and contributing to the rate out of which the expenses under this Act are paid.

(4.) The proceedings and powers of allotment managers shall be such as, subject to the provisions of this Act, may be prescribed from time to timeby the sanitary authority; the allotment managers may be empowered by the sanitary authority to do anything in relation to the management of such allotments which the sanitary authority are authorised to do, and to incur expenses to such amount as the sanitary authority presorihs, and any expenses properly so incurred shall be deemed to be expenses cf the sanitary authority under this Act.

7. P1-miiaiozw cw to letting and use of ullolrn/rift-l (1.) The rents of the allotments shall be fixed at an amount not less than such as may reasonably be expected to insure the sanitary authority from loss; but in calculating such loss any expenses incurrtfi in an unsuccessful attempt to acquire loud fill‘ allotments shall he excluded and, subject as aforesaid, such rents may be from time to timecharged as arc reasonable, having regard to the agricultural value of the land, and not mcre_than a qusrlifl" rent shall be required to be paid in advance in "Y case where it is deemed necessary by the sauitafl’ authority to require the payment of rent in advance.

(2.) The sanitary authority shall, for the purposes of all rates, taxes, and tithe rentchargti 5° deemed to be the occupiers iii the allotments _whl<=l1 are let, but they shall cause the sums from tlmfl ll‘! time paid by way of rates, taxes, and tithe renié charge in respect of the allotments to be apportione among them, and cause the sum so apportioned {In respect of each allotment to be certified to the tenant thereof, and such sum shall be added to t e rent otherwise payable by the said tenant in resP°°l of such allotment, and shall be deemed't0 b9 Pm‘ of such rent, and he recoverable accordingly ; PlE°' vided always, that for the purposes of the P“|:" mentary franchise, and the municipal and all ot fir local franchises, the tenants shall be deemed ts be the occupiers, and such rates to h_ave been pal f Y them, notwithstanding the provisions hersinbs ore contained. t t

(3 ) One person shall not bold any allotmen 0 allotments acquired under this Act exoeedln$ °“° acre, and an allotment shall not be sub-let. t

(L) Provided that if at auy_ time any allotment cannot be let in accordance with the pl‘0Vlsl0!lIl0t this Act and the regulations, the same may be °t to any person whatever at the best annual rtll which can be obtained for the same, without aply! premium or fine, and on such terms as may till t the sanitary authority to resume possession thugs?‘ within a period not exceeding twelve months it“ should at any time be required to be let under provisions aforesaid. bed

(5-) N0 building other than a toolhouse, B greenhouse, fcwlhouse, or pigstye !_l1"llb° 9:3, on any part of any allotment, and if any bui l other than as aforesaid is so erected the Blllh tary authority shall forthwith pull down "'.m,B building and sell and dispose of the ml 31:16 thereof, and the proceeds of the sale sh? the applicable in like manner as the rent Od M allotment. If any building so allows ‘hen be erected is erected upon an allotment, it I at the end of the tenancy neither the san Ina’ authority nor the incoming tenant shall be boéliou to take any such building or ply any °°mPe'?E° t therefor, but the outgoing tenant shall he at ll ertgé before the expiration of his tenancy, to rem0t";;my same, and, if he fails so to do, the sanitary M-I he mt may pull down the building and dlspole °i l u if terlals, and apply the proceeds in like mull" it were a building prohibited to be erected.‘ the

(6) A tenant of an allotment 111'?» 11° °'°

[ocr errors]
[ocr errors]
[graphic]
[ocr errors]
« PreviousContinue »