John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

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warrant and to commit the said to prison, pui-suant to the said

Act : these are therefore to command you, the said constable of , to

apprehend the said and convey him to the said house of correc-

tion at aforesaid, and deliver him there to the keeper of the said

liouse of correction : and these are also to command you, the keeper of



584 Tin: LAW OF master and skkvant.

the said house of correction, to receivi.' him the said into the said

house of correction, and there keep him, -without bail or niainprize, for
the space of months, unless the said sum of , so ordered

to he paid as aforesaid, shall he sooner satisfied, with all reasonahle
expenses.

Given under my hand and seal, at , the day of



7 WILL. ly. AND 1 VICT. c. 67 (1837).

An Act to Amend an Act of the Fifth Year of his Majesty King George the
Fourth, for Gonsolidatimj and Amending the Laics relative to the Arbi-
tration of Disputes between Masters and Worhnen.

" Whereas an Act Avas passed in the fifth year of the reign of his
Majesty King George the Fourth, intituled ' An Act to consolidate and
amend the laws relative to the arbitration of disputes between masters
and workmen : ' and whereas it is provided by the said Act that all
comi^laints under the same by any workman for any cause, except as to
bad materials, shall be made within six days after such cause of complaint
shall arise ; but the said period of six days has been found too sliort
for the purpuse thereby intended : " Be it therefore enacted, that tlie
same be extended to fourteen days.

2. And whereas it is enacted by the said Act, that various difierences
under the same shall be subject as therein mentioned to the adjudication
of any justice of the peace or magistrate of any county, riding, division,
stewartry, barony, city, burgh, town, or place within which the i)arties
reside ; and whereas many cases have arisen where no justice of the
peace or magistrate could be found who has jurisdiction where both of the
])arties differing as aforesaid reside : in consequence whereof it has been
doubted whether the above beneficial enactment can in such cases take
effect, and for the remedy thereof it is necessary that the jurisdiction
and powers which are by the said Act conferred on the justices or
magistrates of the district where botli parties reside sliall in future be
exercised by the justices or magistrates of the district where the party
complained against resides : be it enacted that in the place of the justices
or magistrates of the district where both parties reside, the justices or
magistrates of the district where the parties complained against reside
sliall have said jurisdiction and powers ; and whatever acts and duties
are by the said Act re<|uired to be done by the first-mentioned justices
or magistrates, or any one of them, shall be done by the last-menti(med
justices or magistrates, or by any one of them ; and tlie said Act sliall in
all respects be etrued as if the words " where the jjarty complained



ACTS KKLATING TO AUBlTIiATIOX. 58.5

against resides" liad been originally inserted in tlie third section of the
said Act instead of the words " within which the parties reside."

3. That wherever the expression "justice of the peace " occurs in tlie
said Act it shall be construed to mean " magistrate."



30 & 31 VICT. c. 105 (18G7).

All Act to CiitahliaJL Equitable Cuuncils of Conciliation to culjust differences
between Masters and IForkmen.

Whereas an Act was 2)assed in the fiftli year of the reign of King
George the Fourth, intituled " An Act to consolidate and amend the Laws
relative to Arbitration of Disputes between Masters and \\'(irkmen ; "
and another Act was passed in the first year of the reign of her present
Majesty Queen Victoria, chapter sixty-seven ; and another Act was passed
in the eighth and ninth years of the reign of lier present Majesty, chapter
seventy-seven ; and another Act was passed in the eighth and ninth
years of the reign of her present ^Majesty, cliapter one hundi-ed and
twenty-eig'ht, and the three last-mentioned Acts were passed to amend
the said tirst-recited Act :

And whereas, in order the better to facilitate tlie settlement of disputes
between masters and workmen, it is expedient, without repealing the
said several Acts, that masters and workmen should be enabled, when
licensed by her Majesty, to form equitable councils of conciliation or
arbitration, and that the jDOwers in the said Acts contained for enforcing
awards made under or by virtue of the provisions thereof should be
extended to the enforcing of awards to be made by and under the
authority of such equitable councils of conciliation :

Be it therefore enacted by the Queen's most excellent Majesty, by and
with the advice aiad consent of the lords spiritual and temporal, and
commons, in this present parliament assembled, and by the authority of
the same, as follows :

1. If any number of masters and workmen, in any particular trade or
trades, occupation, or employment, being inhabitant householders or
part occupiers of any house, warehouse, counting-house, or other property
within any city, borough, town, stewartry, riding, division, barony,
liberty, or other place, and who, being a master in such trade, shall have
resided and carried on the same within any such place for six calendar
months previous to the signing of such petition, and being a worknaau
shall have resided for a like period within any such place, and shall
have worked at his trade or calling for seven years previous to the
signing of such petition, shall at a meeting specially convened for that
purjOTse agree to form a council of conciliation and arbitration, and shall



586 THE LAAV OF MASTER AND SERVANT.

jointly petition lier Majesty to grant tlieui a licence to form such council,
to hold, have, and exercise all the powers granted to arbitrators and
referees under the Lefore-recited Acts, and in such petitiiJii fur the same
shall set forth the number of the council, and also the names, occupation,
and residence of the petitiuners, and the manner in which the expenses
of the said council and oi the regii^try hereinafter directed are to be
jirovided fur, it shall then be lawful for Her Majesty, or Her Majesty's
pj'iucipal Secretary of State fur the home ilepartnieut, to grant such licence,
provided notice of such petition has been published one month before the
application for such licence in the London Gazette, and in one or more of
the local newspapers of the place whence such petition emanates : Pro-
vided always, that it shall be lawful for any masters and w(jrkmen in any
l^articular trade or trades, occupation, or employment as aforesaid,
within the limits of tlie application of the Metrojiolitan Local Manage-
ment Act, or v."ithin any two or more buroughs or districts of the
Metrojiolis, to associate themselves fur thepurjioses of this Act, and with
such licence as aforesaid to form councils as aforesaid, as if they resided
within any one borough or district.

2. The said council shall consist of not less than two masters and two
workmen, nor more than ten masters and ten workmen, and a chairman ;
the number, to constitute the said council to be inserted in the licence ;
but no member of the council shall adjudicate in any case in which he
or any relation of his is plaintiff or defendant.

3. For the ])urposes of this Act, the persons whose names, occupations,
and abodes are attached to the j)etition praying for a licence shall and
they are hereby authorized to proceed to the appointment of a council of
conciliation and arbitration from among themselves within thirty days
aiter such grant of licence ; and the said council shall remain in oliice
until the ap^Jointment of a new council in its stead.

4. The council shall have power to appoint their own chairman,
clerk, or such other otticer or utHcers as they may deem reijuisite, and
shall have power to hear and determine all questions of dispute and
difference between masters and workmen, as set forth in the before-
recited Act of the fifth year of King George the Fourth, chapter ninety-
six, which may be submitted to tliem by both parties, and shall have,
hold, and exercise all the powers and authority granted to arbitrators and
referees by and under the various enactments and provisions of the Acts
before recited ; and any award the said CMpiitable councils of conciliation
and arbitration may make in any case of dispute or diUerence submitted
to them under the l;efure-ri;cited Act or Acts, or under this Act, shall be
final and conclusive between the parties to such arbitration, without
being subject to review or challenge by any Court or authority whatso-
ever ; and the said council are hereby further authorized to adjudicate
upon and detennine any other case of dis])ute or difference submitted to
them by the mutual consent of master and workman or masters and
workmen, and the same proceedings of distress, sale, and imprisonment



ACTS RELATING TO AKBITKATION. 587

as are provitlfd by the said recited Acts or any of them shall be
had towards enforcing every such award (by application to any justice of
the peace of the county, stewartry, riding, division, barony, city, town,
burgh, or place within which the parties shall reside,) as are by the said
recited Acts or any of tliein prescribed for enforcing awards made under
or by virtue of the provisions oi them or any of Ihein, and any award in
writijig under the hand of the chairman of the council shall be deemed
sufficient evidence of the A'aliility of such award to autliorize such
proceedings of distress, sale, and imprisonment ; Imt nothing in this Act
contained shall authorize tlie said council to establish a rate of wages
or price of labour or workmanship at which the workman t^hall in future
be paid.

5. A quorum (if not less tlian three (one being a master ami another a
workman, and the third tlie chairman), may constitute a council for the
hearing and adjudication of cases of dispute, and may accordingly make
their award ; but a committee of council, to be denominated the com-
mittee of conciliation, shall be appointed by the council, consisting of
one master and one workman, who shall sit at such times as shall be
ajipointed, and be renewed from time to time as occasion shall require ;
and all cases or questions of dispute which shall be submitted to the
council by both parties shall in the first instance be referred to the said
committee of conciliation, who shall endeavour to reconcile the parties
in difference ; when such reconciliation shall not be effected, the matter
in dispute shall be remitted to the council, to be disposed of as a contested
matter in the regular course.

6. The chairman of the council, Avho shall be some person imconnected
with trade, shall preside at their meetings, and shall be appointed at
their first meeting after obtaining such licence as aforesaid. When the
votes of the council shall be equal, the chairman for the time being is to
have the casting vote.

7. No counsel, solicitors, or attornies to be allowed to attend on any
hearing before the coirncil or the committee of conciliation unless con-
sented to by both parties.

8. On the first Monday in November in the year next after the first
appointment of the council, and on the first Monday in November in
each succeeding year, a council and chairman shall be ajipointed, who
shall remain in office until the ai^pointment of a new council ; and in
case of vacancies arising betwixt the fixed days of election in each year,
caused by the death or removal of anv member of the council or of the
chairman, an election shall take place within fourteen days, and another
member be elected to fill up the said vacancy from the class to which
he may belong, or a chairman be ap])ointed, as the case may be, and
the member or chairman so elected shall serve the remainder of the
year.

9. For the purposes of this Act, each person being twenty-one years
of age, belonging to the trade having a licence for a council, and being



588 THE LAW OF JIASTER AND SEIiVANT.

an inhabitant liouseliolck'r or part occupier of any liouso, wareluiuse,
counting-house, w other property, who, being a master in such trade,
has resided and carried vu the same within the limits of any city,
borough, town, stewartry, riding, division, barony, liberty, or other
lihice, wherever an eijuitable cijuncil of conciliation and arbitration is
iormed, for the space of six calendar months previous to the ninth day
of November in any one year, and being a workman has resided for a
like period within the same limits, and has worked at his trade or call-
ing seven 3-ears previous to the ninth day of November in any one year,
shall be entitled to be registered as a voter for the election of the council,
and shall be (|ualified to be elected a member of such council ; but the
masters shall appoint their own portion of the council, and the workmen
elect their portion of the council.

10. The clerk of eacli division of the council shall keep a register of
every person claiming to have his name inscribed on the register as a voter
for the council, whether master or workman (but distinct from each
other), the said register to contain the name, occupation, and abode of
each person engaged in the particular trade or occupation as set forth in
the licence granting the formation of the coimcil ; and the said clerk
shall, upon payment of a registration fee being made to him, register the
same immediately, or be liable to be fined for neglect, the said tine to be
applied to the funds of the said council, and the council is hereby em-
pcAvered to fix and determine the amount of such fee and fine respectively :
Provided that in case it shall appear to the council that any person ought
not to be so registered, the council shall strike the name of such person
off such register.

11. The clerk of the council shall, for the purposes of this Act, be the
returning officer ; lie shall convene meetings of masters and meetings of
Avorkmen, by advertisement, fourteen clear days jireviousto the first day
of November ; and each class shall at such meetings proceed to nominate
and elect members to the council for the year next ensuing ; the votes
to be taken by show of hands or division of numbers, and in such jilace
as the council may authorize ; and the clerk shall declare to the said
meeting the names of the candidates who are elected, and the same shall
be final and conclusive, unless a poll is demanded at the time the
declaration is made ; but either party may demand a poll of those only
whose names ;ire registered in the books of the council.

12. A poll being demanded by six registered voters, the coimcil sliall
appoint time and jdace for that purpose, where each voter shall lie entitled
to record his vote.

13. The clerk shall, witliin seven days after the day of nomination,
in case of a jJoU being demanded, declare the number of votes given to
each candidate, and those having reccivid the largest numl)er of votes
shall be declared duly elected.

14. The council shall also appoint a clerk, who shall continue in ottice
imtil a new ai)pointnient shall be made in his stead, and who sliall keep



ACTS RELATING TO ARBITU.VTrON'. 589

a record of all tlieir proceedings, and do and perform such otlier duties
as this Act may authorize or the said council may require.

15. The council may hold their sittings in any public room used for
conducting public business, witli the permission of the autliority having
tlie power to grant sucli permission.

16. Every council elected under this Act shall from time to time make
out a list of fees ■which shall be charged for any proceeding and other
expenses under this Act, and shall appoint such oflicers as may be
necessarj'-, and make such byelaws, rules, and regulations for their
guidance, and for the taking and scrutiny of the votes given for the
election of members of the council, and also for the despatch of business,
as they may deem necessary ; such byehuvs, rules, regulations, and fees
not to be legal and binding in law unless and imtil they shall be
sanctioned by the Secretary of State for the home department.

17. The Acts before recited shall remain in full force and effect as
though this Act had not been passed : this Act shall not be construed to
extend to domestic servants or servants in husbandry.

18. In citing this Act for any purpose whatever it shall be sufficient
to use the expression " the Councils of Conciliation Act, 1867."

19. This Act shall commence on the second day of July, one thousand
eight hundred and sixty-seven.



SCHEDULE OF FORMS.

Form of Summons of a xoitmss to he issued hij chairman.

County of ) To the of the E(iuitable Council

or Borough of J of Conciliation and Arbitration,

"Whereas it appeareth to me, A.B., chairman of the said Equitable
Council of Conciliation and Arbitration held at , that G.H. of

in the borough [or county, as the case may 5c,] is a material
witness to be examined concerning the dispute between CD. of
and E.F. of under the Act [here set forth the title of the Acf] :

These therefore are to require you forthwith to summon the said G.H.
to appear before the said Equitable Council of Conciliation and Arbitra-
tion, held at the at the hour of in the noon of
the day of 18 , so that the said dispute may
be adjudicated upon and settled forthwith according to law ; and be you
then there to certify what you have done in the premises. Herein
fail not.

Given under my hand, this day of in the

year of our Lord

(Signed) A.B.,
Chairman of the Equitable Council of
Conciliation and Arbitration.



590 THE LAW OF :\rASTEU AND SERVANT.

Form of A vitrd.

AVe I.K. ami L.M. [name and dcscrUic the arhitrators], the arbitrators
in the matters in dispute bet-\veeu [here state the names of 2daintiff and
defendant to the refercnec], do liorel)y adjudge and determine {hat[hcre set
forth the determination, to u-hiclt the chairman and arhitrators shall subscribe
their nanus'].

Signed this day of 18 .

Form of Fndorsement extending the time limited for making the Aimrd.

We , members of the Equitable Council of Conciliation

•and Arbitration, do hereby agree to extend the time of hearing [or
making an award, as the case may he,] in the matter in dispute between

of and of to the

<lay of

Witness our hands, this day of 18 .

Form of Aclcnowledgment of fvlfdnient of the Aimrd.

I , chairman of the Equitable Council of Con-

ciliation and Arbitration, do hereby acknowledge that the award in the
matter of dispute between of and

of hath been duly fulfilled by who is hereby discharged

of the same.

"Witness my hand, this day of

A.B., Chairman.

[Form of Aihiovledijment of fulfilment of the Avard.

I , Chairman of tlie Ecjuitable Council of Con-

<iliation and Arl)itration, do hereby acknowledge that the award in the
matter of dispute between of and

of to the day of

Witness my hand, this day of IS .

A.Ij., Chairman (/).

Form of Oath to he administered by the Arhitrators to the jmr ties and
irifnesses under this Act.

The evidence tliat you sliall give before this EipiitaMe Council of
Conciliation and Arbitration between and under

and by virtue of this Act [/icrc state the title of this Act] shall be the
truth, the wliolc truth, and nothing but the Iruth.

Sohelpy.iuGOD.

(/) This unintelligible form and, in fact, the whole schedule of forms, are
omitted from the revised statutes.



ACTS RELATING TO AUniTIlATlON. 591

Form of Commitment of a fers^on sum,moned as a witness before the
Arhitrators.
Whereas proof on oatli hiith been iiiiule lieforo, me, one of Her
Majesty's justices of the peace for the cnimty [or riding, stewartry,
division, city, burgh, liberty, town, or place] of , on tliis

day of , tliat A.B. hath been duly summoned, and

hath neglected to appear and give evidence before the E([uitable Council
of Conciliation and Arl)itration for the in the matters of dis-

l"»ute between CD. and K.F., at in the county [or riding,

stewarlry, division, city, burgh, liberty, town, or place] of , on

the day of , under and by virtue of an Act made in

the twenty-fourth year of the reign of Her present ]\Iajesty, intituled
" An Act " [here set forth the title of this Act] ; and the said A.B. being
required to appear and give evidence before the said arbitrators, and still
refusing so to do : Therefore I, tlie said justice, do hereby, in jmrsuance
of the said Act, commit the said A.J]. to tlie [(h'xcrihiiuj the imson or the
house of correction], there to remain without bail or mainprise, for his [or
her] offeni'e aforesaid, until he [or she] shall submit himself [or herself]
to be examined and give his [or her] evidence before the said arbitrators
touching the matters referred to them, or shall otherwise be discharged l)y
due course of law : And you the [constable or other j^eace officer or officers to
vhomtheivarrant is rlirected'] are hereby authorized and required to take
into your custody the bodj^ of the said A.B., and him [or her] safely
convey to the said ])rison [or house of correction], and him [or her] there to
deliver to the gaoler [or keeper] thereof, who is hereby authorized and
rec[uired to receive into his custody the body of the said A.B., and him
[or her] safely to detain and keep, pursuant to this commitment.

Given under my hand, this day of in the year

of our Lord

(This commitment to be directed to the proper ]ieace oUicer and the
gaoler [or keeper] of the prison [or house' of correction]).

Foi-m of Warrant of Distress.

To the constable of
Whereas of under an award made by

on the day of in the year of our Lord

pursuant to an Act ]iassed in the twenty-fourth year of the reign of Her
present Majesty, intituled " An Act " [state the title of this Act], is liable
to pay to of the sum of , and also the sum

of ; and the said having refused or neglected to

pay the same for the space of two days and upwards subsequent to the
making of such award : These are therefore to command you to levy the
said sum of by distress and sale of the goods and chattels of

the said ; and I do hereby order and direct the goods and

chattels so to be distrained to be sold and disposed of within
days, unless the sum of for which such distress shall be made.



592 THE LAW OF MASTER AND SERVANT.

together with the reasonable charges of taking and keeping snch distress,
shall be sooner paid ; and you are hereby also coninianded to certify to
me what you shall do liy Airtue of this my warrant.

Given i;nder my hand and seal at the

day of

Form of the Constable's return to the urtrrnnt of distress.

I constable of , do hereby certify to

justice of the peace , that I have made diligent search for but

do not know of nor can find any goods and chattels of by

distress and sale whereof I may levy the sum of pursuant

to his warrant for that purpose, dated the day of

in the year of our Lord

Given under my hand, this day of the year

of our Lord

Form of Commitment thereu^wn to the House of Correction.

[Here name ) To the constable of and also to the keeper

the Co2inty.] ) of the house of correction at

Whereas of under an award made by

on the day of in the year of our Lord

pursuant to an Act passed in the twenty-fourth year of the reign of Her
present Majesty, intituled " An Act " [state the title of tliis Act], became
liable to pay to the sum of , and also tlie sum of

for costs, time, and expenses, making together the sum of
, and having refused or neglected to pay tlie same for the
space of two days and upwards subsequent to the making of such award,
my warrant was, according to the provisions of the said Act, duly made
and issued for the levying the said sum of by distress and sale

of the goods and chattels of the said : And whereas it appears

by the return of constable of , dated the

(lay of , that he hath made diligent searcli for Init doth not

know of nor can find any goods and chattels of the said
by distress and sale whereof the said sum of may be levied,

pursuant to my said warrant : These are therefore to command you, the
SJiid constable of , to apprehend tlie said and

convey him to the said house of correction at aforesaid, and

deliver him there to the keeper of the said house of correction ; and
these are also to command you, the keeper of the said house of correction,
to receive him the said into tlie said house of correction,

and there kec}) him, without bail or mainiirise, for the space of
m(jnths, unless the said sum of so ordered to be paid as afore-

said shall be sooner satisfied, with all reasonable expenses.



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 62 of 77)