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6. Sheriff after levy to deposit wages due at date of levy.] A sheriff in execution of any process against a company shall, in the first instance, seize for the amount of the judgment debt and costs, and on such seizure shall forthwith 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 sufficient 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 sufficient discharge for the same, and who shall distribute the same to the persons entitled thereto.

7. Orders for payment of wages made by justices to have priority.] 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 the peace, ard the several amounts payable thereunder have not been discharged within the time allowed by law for that purpose, 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 distrained for

rent.

8. Court to enforce priority.] 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 parte 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.

earned by any miner working at surface during
the 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 end 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 to be forthwith made to him, subject
to such directions as to costs as they may think
fit:
Provided that when a miner first enters em-
ployment 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 all wages due to 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 ore raised by him,
and in the case of copper at the end of seven days
from the next ticketing day.

12. Payment 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 & 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 be a legal tender to a
miner for wages or subsist.

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 13. Mine club funds to be accounted for.] (1.) court or otherwise, any wages, not exceeding such After the commencement of this Act, any custom an amount as under the fourth section would be or rule of law to the contrary notwithstanding, all made a first charge, are unpaid, the same shall be moneys deducted in any mine from the wages or paid by the official liquidator or liquidator forth-earnings of or otherwise contributed by the miners with in priority to all other costs except such costs for the purposes of a mine club, or accident, or of and incidental to the making of the order for sick or benefit fund, shall, unless a majority of the winding up as in the opinion of the court shall the miners shall by resolution decide otherwise, be have been properly incurred, and, subject to the deemed to belong to the miners and not to the tenth section of this Act, to all claims, whether by company, and the said moneys, and any contribumortgagees, execution creditors, or any other tions added thereto by the shareholders, shall be person whatsoever; and, subject as aforesaid, the placed to a separate account, and the details court may by order charge the whole or any part thereof, showing the amount received and the of the assets of the company, in absolute priority several payments thereout, and to whom made to all claims and to all existing mortgages or during each preceding sixteen weeks, shall be set charges thereon, with the payment of the sum out in the balance sheet to be presented to 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 any person who is willing to advance the requisite it shall be lawful for the miners in any mine, if amount, or any part thereof, and as soon as the they so please, to appoint any two of themselves to said sum has been so advanced the said wages shall audit the said mine club fund accounts: Provided be paid without delay, so far as such advanced that section thirty-four of this Act shall not amount extends, and in such order of payment as restrain the right of the miners to pass any such the court directs. resolution, and such resolution shall have effect thereof. And in the event of any money being so for twelve calendar months only after the passing deducted for the purpose of medical attendance, each miner shall be entitled to name a qualified medical practitioner to whom the amount so deducted from his wages shall be paid for such

10. Saving of rights of clerks and servants.] Nothing in the fourth or eighth section of this Act is to be taken to have the effect of defeating or abridging or extending the right conferred upon clerks and servants by the Companies Act, 1883 [46 & 47 Vict. c. 28], to be paid in the winding up of a company in priority to other creditors, pari passu with labourers and workmen out of such assets only as are distributable by the liquidator or official liquidator within the meaning of the said Act, except that such priority shall only be given to the extent of three months, and shall not extend to the principal agent or manager, purser or secretary.

11. Time for payment of wages.] After the commencement of this Act it shall be lawful for a company to retain in its hands from the wages

medical attendance.

(2.) Upon the winding up of any company in the court of the vice-warden or any other court, shall not be deemed to be or be applied as part of or otherwise, the said mine club moneys or fund the assets of the company in liquidation of the debts of the company or otherwise; but shall be accounted for by the purser or any other person in possession of the fund to the liquidator, and shall be recoverable by him, and shall be applied in accordance with the rules of the club. Where a company is being wound up voluntarily, the liqui

dator, or any person claiming to be entitled to 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 the 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

vided that if any portion of the said fund is cona committee of management of such fund: Protributed by the company, the sanction and conrespect of the appointment of such committee; currence of the said company shall be required in and such committee may transfer the same to any registered friendly society, established for the willing to receive the same upon such terms as may whole or any part of the stannaries district, and be agreed upon between the said committee and the said society.

15. Appointment of check-weigher.] 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 wineral, 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 miners, 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 miner, 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 sampling of the said mineral, and shall not enter the assay office of the company, nor shall the absence of the check-weigher be a reason for delaying the said weighing and sampling.

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

17. Notice to quit and compensation for fixtures.] Where a miner contracts to work a tin stream at a fixed rate of tribute on the terms of providing and fitting up at his own expense the necessary plant and machinery, he shall in any case be entitled to not less than one month's notice to quit, and to all such machinery and plant, and to all tin stuff, dressed ore, or leavings that may be in and about his works at the date of his leaving, and he shall have reasonable time allowed to him to remove the

same.

18. Disputes how to be determined.] Any dispute between any miner and the purser, manager, or agent of a mine as to any money due to him, or claimed by him, may be heard and determined by a court of summary jurisdiction, and such court for the purposes of this Act shall be deemed to be a court of civil jurisdiction, and in a proceeding in relation to any such dispute the court may order payment of any sum which it may find to be due as wages, or damages, or otherwise, and such reasonable costs as the court may think fit: Provided that in any proceeding in relation to any such dispute the court of summary jurisdiction(1) shall not, except by consent, exercise any jurisdiction where the amount claimed exceeds twenty-five pounds; and

(2) shall not, except by consent, make an order for the payment of any sum exceeding twenty-five pounds exclusive of the costs incurred in the case.

19. Mortgages of mining plant and effects to be registered.] All mortgages, mortgage debentures, and other documents whatever, whereby power is given by any company to any persons to take possession of any mining effects of or on a mine

Solicitors' Journal

,

shall, in addition to any registration thereof now convene an ordinary meeting of the shareholders
required by law, be registered within twenty-in such mine at least once every sixteen weeks, for
eight days from the date thereof, at the office of the transaction of the ordinary business of the
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
such book shall be subject to the inspection of all and other matters required by this Act to be
applicants at all reasonable times, and no such entered therein, together with a list showing the
mortgage, mortgage debenture, or other docu- name and address of every shareholder from whom
ment, unless SO registered, shall confer any any call is in arrear and unpaid, and the amount
priority over or title as against the claims of any of the calls unpaid by him, shall be laid before the
persons whatever for work and labour done or ser- meeting, and be open to full and unrestricted in-
vices performed in or upon such mine, or for goods spection by any shareholder present, and if any
and materials supplied to any company by which the purser shall fail to convene such meeting, or to
said mine is carried on; such registration shall not duly hold the same, or shall fail to produce the
affect any priority in respect of wages under the said cost book thereat, or to permit it to be in-
provisions of this Act.
spected 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 com-
plaint of any shareholder in the company, before
any two or more justices of the peace.

20. Copy of all mining grants to be filed.] 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 office of the said registrar within fourteen days from the execution thereof; and in default of such filing thereof, no such lease, grant, licence, assignment, or contract shall until filed be enforceable at law or in equity.

21. Valuation of relinquished shares.] 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 had also at the sane time relinquished their shares.

26. Accounts to be printed.] 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, and a copy thereof sent to each shareholder in the company and also to the lessors of the mine.

27. Amalgamation of adjoining 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.

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 & 2 Vict. c. 110, s. 17, to apply to stannaries

court.] Whereas it may be doubted whether

section seventeen of statute first and second

Victoria, chapter 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 registration.] From and after the in or formed for working a mine within the commencement of this Act any company engaged 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 office, 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

22. Relinquishment not valid unless delivered six
weeks before stoppage of mine.] After the commence-
ment of this Act a relinquishment shall not have
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-
tion to wind up the company shall be legally warden of the stannaries shall have the same
passed at a duly convened meeting of the company, jurisdiction in the winding up of all companies
or on which an order shall be made to wind up the formed for working mines within the stannaries
same by or subject to the supervision of the (unless they are shown to be then actually working
mines or to be engaged in any other undertaking,
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

court.

23. Accounts to be entered in cost book.] The purser of every cost book mine shall, once at least every sixteen weeks, truly enter in the cost book of the 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 in such 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 by 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 two or more justices of the peace.

24. Penalty for false entries, &c.] 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 pounds, to be recovered in a summary manner before any two or more justices of the peace, and the said justices may, in their absolute discretion, award any portion of the penalty imposed by them (not exceeding one moiety thereof) to the prosecutor, provided he is a shareholder in the company or 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 be recovered in like manner and with the like discretion in the justices as to their apportion

ment thereof.

25. Meetings to be held once every sixteen weeks.] The purser of every cost book mine shall duly

said stannaries.

32. Certain returns to be registered at the stannary court.] The purser of every cost 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 office 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 men

tioned.

33. 18 & 19 Vict. c. 32, s. 23, to extend to this Act.] 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.

expressed or implied with the employers, or terms 34. Evasions of this Act to be void.] Any contract 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 affected, and in respect of any such condition, be void and of no effect.

29. Unclaimed 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 he 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 in matters arising out of the winding-up of companies, pursuant to the Companies Act, 1862, 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 the same to the vice-warden, the vice-warden is hereby empowered to cause to be invested, in the joint names of himself aud the registrar, in Government securities, the whole 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 of two hundred and seventeen pounds five shillings and fourthe vice-warden and the registrar, in the Three pence, now standing in the joint names of Pound per Cent. Consolidated Bank Annuities, under the authority of an order of the vicewarden, approved by the Lord Chancellor, sanctioning the investment of a portion of the amount section of seventh and eighth Victoria, chapter one of unclaimed deposits pursuant to the sixty-first 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 An Act for further amending the Enactments

35. Printed copies of this Act to be posted up.] Printed copies of this Act, and of the rules and regulations for the time being in force in any mine, shall be kept posted up in the smiths shop and in the miners dry or changing shed of every mine.

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

CAP. XLIV.

An Act to enable Her Majesty by Order in Council to unite the Colonies of Trinidad and Tobago into one Colony.

[16th September 1887. CAP. XLV.

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1. Short title.] 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, and 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 to workman as defined by 38 & 39 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 "artificer" in the principal Act shall be construed to include every workman to whom the principal Act is extended and applied by this Act, and all provisions and enactments in the principal Act inconsistent herewith are hereby repealed.

3. Advance of wages.] 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 husbandry.] 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 goods as a deduction from wages illegal.] In any action brought by a workman for the recovery of his wages, the employer shall not be entitled to any set off 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 to the workman under any order or direction of 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. No contracts with workman as to spending wages at any particular shop, &c.] 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 dismiss any workman from his employment for or on 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 education.] Where any deduction is made by an employer from a workman's wages for education, such workman on sending his child to any state-inspected school selected by the workman shall be entitled to have the school 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 deduction is made by such employer.

In this section state-inspected school" means any elementary school inspected under the direction of the Education Department in England or

Ireland.

Oct. 8, 1887.

Scotland or of the Board of National Education in ployer, then the inspector or procurator fiscal shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the employer.

8. Deduction for sharpening tools, &c.] No deduction shall be made from a workman's wages for sharpening or repairing tools, except by agreement not forming part of the condition of hiring.

9. Audit of deductions.] Where deductions are made from the wages of any workmen for the education of children or in respect of medicine, medical attendance, or tools, once at least in every year the employer shall, by himself or his agent, make out a correct account of the receipts and expenditure in respect of such deductions, and submit the same to be audited by two auditors appointed by the said workmen, and shall produce to the auditors all such books, vouchers, and documents, and afford them all such other facilities as are required for such audit.

10. Artificer to be paid in cash and not by way of barter for articles made by him] Where 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 a 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 apply only to articles under the value of five pounds knitted 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 Where it is made to appear to Her materials. 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. Offences.] 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 offence were such an offence as in that section mentioned.

12.-Fine on person committing offence for which employer is liable, and power of employer to exempt himself from penalty on conviction of actual offender.] (1.) Where an offence for which an employer is, by virtue of the principal Act or this Act, liable to a penalty has in fact been committed by some agent of the employer or other person, such agent or other person shall be liable 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 of 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

13. Recovery of penalties.] (1.) Any offence against the principal Act or this Act may be prosecuted, and any penalty therefor recovered in manner provided by the Summary Jurisdiction Acts, so, howconviction exceeding that prescribed by the princi. ever, that no penalty shall be imposed on summary pal 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 relating to factories, workshops, or mines, and all expenses incurred by them under this section shall be defrayed out of moneys provided by Parliament.

the principal Act and this Act shall be paid into (3.) In England all penalties recovered under the receipt of Her Majesty's Exchequer, and be carried to the Consolidated Fund.

(4.) In Scotland

(a.) The procurators fiscal of the sheriff court shall, as part of their official duty, investigate and prosecute offences against the principal Act or this Act, and such prosecution may also be instituted in the sheriff court at the instance of any inspector of factories or inspector of mines;

(b.) All offences against the said Acts shall be prosecuted in the sheriff court.

14. Definitions.] In this Act, unless the context otherwise requires,

The expression "Summary Jurisdiction Acts" means, as respects England, the Summary Jurisdiction Acts as defined by the Summary Jurisdiction Act, 1879; and, as respects Scotland, means the Summary Jurisdiction (Scotland) Acts, 1864 and 1881, and any Acts amending the same :

Other expressions have the same meaning as in the principal Act.

15. Disqualification of justice.] So much of the principal Act as disqualifies any justice from acting as such under the principal Act is hereby repealed.

A person engaged in the same trade or occupation as an employer charged with an offence against the principal Act or this Act shall not act as a justice of the peace in hearing and determining such charge.

16. Amendment of 1 & 2 Will. 4, c. 37, as to overferring powers on any overseers or overseer of the seers.] The provisions of the principal Act conpoor shall be deemed to confer those powers in the case of England on the guardians of a union, and in the case of Scotland on the inspectors of the poor.

17. Repeal.] The Acts mentioned in the schedule to this Act are hereby repealed to the extent in the third column of the said schedule mentioned, without prejudice to anything heretofore done or suffered in respect thereof.

18. Application of Acts to Ireland.] The principal Act, so far as it is not hereby repealed, and this Act shall extend to Ireland, subject to the following provisions:

(1) Any offence against the principal Act or this

Act may be prosecuted and any penalty therefor may be recovered in the manner provided by the Summary Jurisdiction (Ireland) Acts; (that is to say,) within the Dublin Metropolitan Police District the Acts regulating the powers and duties of justices of the peace and of the police of that district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and the Acts amending the same;

(2.) Penalties recovered under the principal Act or this Act shall be applied in the manner directed by the Fines (Ireland) Act, 1851, and the Acts amending the same.

L

Oct. 15, 1887.

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57 Geo. 3. c. 115

57 Geo. 3. c. 122

1 & 2 Will 4. c. 37

An Act to prevent unlawful combinations of workmen em-
ployed in the woollen manufactures, and for better pay-
ment of their wages.

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An Act, the title of which begins with "An Act for the
more effectual preventing of frauds," and ends with the
words "and for the better payment of their wages.'
An Act, the title of which begins with the words "An Act
to amend an Act," and ends with the words "payment
of the workmen's wages in any other manner than in
money."

Section three, and so much of section eight as applies to section three.

So much of section twelve as applies to any enactment repealed by this Act.

Sections two and three,

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."

An Act, the title of which begins with the words "An Act The whole Act,
to extend the provisions," and ends with the words
'extending the provisions of the said Acts to Scotland
and Ireland."

An Act to prohibit the payment in certain trades of wages
in goods or otherwise than in the current coin of the
realm.

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bank:

And whereas it is expedient, especially having regard to the recent failure of certain trustee savings banks, to authorise such an examination :

Be it therefore enacted, &c. :

1. Short title, &c.] The Act of the session of the twenty-sixth and twenty-seventh years of the reign of Her present Majesty, chapter eighty seven, intituled "An Act to consolidate and amend the laws relating to Savings Banks," is in this Act referred to and may be cited as the Trustee Savings Banks Act, 1863.

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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 affirmation, and to require any witness to take an oath or affirmation and to answer any question; and

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

made to him of the expenses (if any) to which he (3.) If any person, after having had a ter der 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 referred by the Commissioner to a master or court, and in case of dispute the amount shall be taxing officer 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 Commissiouer, shall

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

2. Duty of sanitary authority to acquire land for allotments.] (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 in that district, parish are such that it is the duty of the sanitary that the circumstances of the urban district or authority to take proceedings under this Act therein, the sanitary authority shall take such representation into consideration.

If the sanitary authority of any urban or

This Act and the Trustee Savings Banks Act, ascertain and certify the proper amount of the rural district are of opinion, either after in

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

This Act may be cited as the Trustee Savings

Banks Act, 1887.

2. Appointment of Commissioner to examine affairs of trustee savings bank.] (1.) The Treasury may, if satisfied on the representation either of such number of the depositors in any trustee savings bank as appears to them sufficient, or of the Commissioners for the Reduction of the National Debt, that there is good reason for causing an examination to be made into the affairs of any trustee savings bank, apply ex parte to any judge of the High Court of Justice in England or Ireland, or to any judge of the Court of Session in Scotland, who, if satisfied that such examination is desirable, may thereupon appoint a master of the Supreme Court of Judicature or a barrister of not less than seven years standing in England or Ireland, or any advocate of not less than five years standing or writer to the signet of not less than five years standing in Scotland, as a Commissioner to hold a local inquiry into the affairs of that savings bank, and to report thereon: Provided that such notice of any representation by depositors under this section shall be given to the trustees of the bank as the Treasury may direct.

(2.) Every such Commissioner shall, for the purposes of the examination which he is authorised to conduct, have power

(a.) to require by summons under his hand a

expenses.

(5.) If any person on examination on oath or affirmation 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 under any such security, all costs incurred in or incidental to any proceeding under this section shall be paid out of moneys provided by Parliament.

doubts as to the applicability of the Companies 3. Winding up of savings bank.] For removing 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. Definitions.] In this Act

The expression "Treasury means the Commissioners of Her Majesty's Treasury: The expression trustee savings bank" means

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quiry 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, subject to the provisions of this Act, shall by purchase or hire acquire any suitable land which may be available, whether within or without their district or the said parish, adequate to provide a sufficient number of allotpersons belonging to the labouring population ments, and shall let such land in allotments to resident in the said district or parish and desiring to take the same.

(2.) A sanitary authority shall not under this Act 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 to be used by the public, incurred by the sanitary authority in acquiring the land and otherwise in relation to the allotments may reason. ably be expected to be recouped out of the rents obtained in respect thereof.

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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. Acquisition of land 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 & 39 Vict. c. 55], and the Lands Clauses Consolidation Act, 1845 [8 & 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 affording access to the special Act.

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

(b.) 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 far as is
practicable avoid taking an undue or in-
convenient quantity of land from any one

owner.

(2.) If a sanitary authority are unable by hiring or purchase by agreement to acquire suitable land sufficient for allotments under this Act for 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 (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 in this Act) may make a provisional order authoris-body of persons or body corporate authorised to sell land to the sanitary authority for the purposes ing the sanitary authority to put in force, as of this Act may, without prejudice to any other respects the land mentioned in the order, the provisions of the Lands Clauses Consolidation Act, power of leasing, lease land to the sanitary authority, without any fine or premium, for a term not exceeding thirty-five years.

1845, and the Acts amending the same with respect to the purchase and taking of land otherwise than by agreement.

(3) The Local Government Board, on the application of 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 considered 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, 1875, shall, so far as con. sistent with the tenour of this Act, be incorporated with this Act, and apply as if they were herein reenacted, with the substitution of "the county authority" for "the Local Government Board," and of " any officer of the county authority appointed for the purpose of an inquiry for in spectors 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 make his award within two months after he is appointed, his appointment shall deter mine, 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, that the same arbitrator may be reappointed: (c.) An arbitrator appointed under this section shall be deemed to be an arbitrator within the meaning of the Lands Clauses Consolidation Act, 1845, and the Acts amending the same, and the provisions of those Acts with respect to an arbitration shall apply accordingly; and, further, the arbitrator, notwithstanding anything in the said Acts, shall determine the amourt of the costs and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily. (5.) In construing for the purposes of this section ny section or Acts incorporated with this section, this Act, together with any Act confirming a pro

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

4. Costs to 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 same for letting in allotments, by draining, fencing, and dividing the same, acquiring approaches, making roads, and otherwise, as they think fit, and may from time to time do such things as may be necessary for maintaining such drains, fences, approaches, and roads, or otherwise 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 regula tions may define the persons 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 cul. tivated, 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 be 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, 1875 [38 & 39 Vict. c. 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

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 parlah 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 of 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 time by 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 prescribe, and any expenses properly so incurred shall be deemed to be expenses of the sanitary authority under this Act.

7. Provisions as to letting and use of allotments.] (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 incurred in an unsuccessful attempt to acquire land for allotments shall be excluded and, subject as aforesaid, such rents may be from time to time charged as are reasonable, having regard to the agricultural value of the land, and not more than a quarter's rent shall be required to be paid in advance in any case where it is deemed necessary by the sanitary authority to require the payment of rent in advance.

(2.) The sanitary authority shall, for the pur. poses of all rates, taxes, and tithe rentcharge, be deemed to be the occupiers of the allotments which are let, but they shall cause the sums from time to time paid by way of rates, taxes, and tithe rentcharge in respect of the allotments to be apportioned 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 the rent otherwise payable by the said tenant in respect of such allotment, and shall be deemed to be part of such rent, and be recoverable accordingly; Provided always, that for the purposes of the parliamentary franchise, and the municipal and all other local franchises, the tenants shall be deemed to be the occupiers, and such rates to have been paid by them, notwithstanding the provisions herein before contained.

allotments acquired under this Act exceeding one (3) One person shall not hold any allotment or acre, and an allotment shall not be sub-let.

(4.) Provided that if at any time any allotment cannot be let in accordance with the provisions of this Act and the regulations, the same may be let

to any person whatever at the best annual rent

which can be obtained for the same, without any premium or fine, and on such terms as may enable the sanitary authority to resume possession thereof within a period not exceeding twelve months if it should at any time be required to be let under the provisions aforesaid.

(5.) No building other than a toolhouse, shed, greenhouse, fowlhouse, or pigstye shall be erected on any part of any allotment, and if any building other than as aforesaid is so erected the san!tary authority shall forthwith pull down such building and sell and dispose of the materials thereof, and the proceeds of the sale shall be applicable in like manner as the rent of the allotment. If any building so allowed to be erected is erected upon an allotment, then at the end of the tenancy neither the sanitary authority nor the incoming tenant shall be bound to take any such building or pay any compensation therefor, but the outgoing tenant shall be at liberty, before the expiration of his tenancy, to remove the same, and, if he fails so to do, the sanitary authority may pull down the building and dispose of the ma terials, and apply the proceeds in like manner as if it were a building prohibited to be erected.

(6) A tenant of an allotment may, before the

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