John Macdonell.

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

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in the particular manufacture, trade, or business in or in connection with
which any offence under this Act is charged to have been committed
shall not act as or as a member of a court of summary jurisdiction or
appeal for the purposes of this Act,

Definitions,

23. In this Act—

The term Summary Jurisdiction Acts means as follows :
As to England, the Act of the .session of the eleventh and twelith
years of the reign of Her present ^Majesty, chapter forty-three,

K K 2



612 THE LAW OF MASTER AND SERVANT.

intituled " All Act to facilitate the performance of the duties of
justices of tlie peace out of sessions within England and "Wales with
respect to summary convictions and orders,"' and any Acts amending
the same :

As to Ireland, within the police district of Dublin metropolis, the
Acts regulating the powers and duties of justices of the peace for
such district, or of the police of such district and elsewhere in
Ireland, " The Petty Sessions (Ireland) Act, 1851," and any Act
amending the same.

In Scotland the term " misdemeanour" means a crime and offence.

Tlie term " tratle union" means such combination, whether temporary
or permanent, for regulating the relations between workmen and
masters, or between workmen and Avorkmen, or between masters
and masters, or for imposing restrictive conditions on the conduct
of any trade or business, as would, if this Act had not passed, have
been deemed to have been an unlawful combination by reason of
some one or more of its purposes being in restraint of trade (t) : Pro-
vided that this Act shall not affect —

1. Any agreement between partners as to their own business ;

2. Any agreement between an employer and those employed by

him as to sucli employment ;

3. Any agreement in consideration of the sale of the good-Anil

of a business or of instruction in any profession, trade, or
handicraft.

24. The Trades Unions Funds Protection Act, 1869, is hereby repealed.
Provided that this repeal shall not affect —

(1.) Anything duly done or suffered under the said Act :

(2.) Any right or privilege acfj^uired or any liability incurred under
the said Act :

(3.) Any penalty, forfeiture, or other punishment incurred in
respect of any offence against the said Act :

(4.) The institution of any investigation or legal proceeding or
any other remedy for ascertaining, enforcing, recovering, or
imposing any such liability, penalty, forfeiture, or punish-
ment as aforesaid.

(0 Repealed by sec. 16 of Act of 1S70".



TRADE UNIONS. 013

SCHEDULES.



FIRST SCHEDULE.

Of Matters to he iwovided for hy the Rules of Trade TJnioiis Registered
under this Act.

1. Tile name of the tratle union and place of meeting for the business
of the trade union.

2. The whole of the oljjects for which the trade union is to be estab-
lished, the purposes for ■which the funds thereof shall be applicable, and
the conditions under which any member may become entitled to any
benefit assured thereby, and the fines and forfeitures to be imposed on
any member of such trade union.

3. The manner of making, altering, amending, and rescinding rules.

4. A provision for the appointment and removal of a general com-
mittee of management, of a trustee or trustees, treasurer, and other
officers.

5. A provision iov the investment of the funds, and for an annual or
periodical audit of accounts.

6. The inspection of the books and names of members of the traile
union by every j)erson having an interest in the fimds of the trade imion.

SECOND SCHEDULE.

Maximum Fees.

For registering trade union

For registering alterations in rules .

For inspection of documents

After the passing of the Acts of 1871 (the Criminal Law
Amendment Act and the Trade Union Act), it was dis-
covered that the first section of the former did not abolish
the law of conspiracy so far as it related to trade combina-
tions. The rulings of several judges showed that workmen
who took part in a combination not to work with a master, or
who refused to Avork for him unless he dismissed a particular
workman, might be indicted and punished. Thus in 1874 (it)
Amphlett, B., ruled that " employers had a right to conduct
their business in their own way, and if a number of per-

{U) licg. V. IlaUday, p. 106. Ap- .sion on Labour Laws,
pendix to Keport of Itoyal L'ommis-



£ s.


d.


1





10





2


6



614 THE LAW OF MASTER AND SERVANT.

sons combine together for the purpose of putting undue
pressure upon them, and to prevent them from exercising
that freedom of will which a man was as much entitled to as
the freedom of his body, — if there was an attempt to interfere
in that freedom of will, and unless that could be justified,
it was an illegal act, a criminal conspiracy on the part
of these persons." He refused to accede to the argu-
ment that, as the Criminal Law Amendment Act defined
what should be the meaning of molesting or obstructing a
person for the purposes of that Act, it was to be taken as
givinq; a sfeneral definition of these words. A similar

o o o

view was taken by Mr. Justice Brett (u) and by Baron
Pollock {v). "If there was an agreement among the de-
fendants," said Brett, J., in the Gas Stoker.s Case, ''by
improper molestation to control the will of the employers,
then I tell you that that would be an illegal conspiracy at
Common Law, and that such an offence is not abrogated by
the Criminal Law Amendment Act." "If you think that the
molestation which was so agreed upon was such as would be
likely, in the minds of men of ordinary nerve, to deter them
from carrying on their business according to their own will,
then I say that is an illegal conspiracy " (x).

A Royal Commission, which was appointed in 1874, having
suggested alterations in the law, an Act was passed in 1875,
entitled the Conspiracy and Protection of Property Act
(38 & 39 Vict. c. 86). In the following year the Trade
Union (1871) Amendment Act (39 & 40 Vict. c. 22) was
passed.

(«) Iter/. V. Bunn (1872), 12 Cox, Labour Commission, 27.
C. C. 316. (.'■) 12 Cox C. C. p. 340.

(v) Second and liual report of



TRADK UNIONS. Gl5

38 & 3t) VICT. c. 8G (1875).
Aruangeme^sT of Clauses.

lauses.

1. Short title.

2. Comiaeiiceiucnt of Act.

Consjnracy and Protection of Property.

3. Amendment of Law as to conspiracy in trade disputes.

4. Breach of contract by persons emphjyed in supply of gas or water.

5. Breach of contract involving!,- injury to persons or property.

Miscellaneous.

6. Penalty for neglect by master to i)rovide food, clothing, &c., for
servant or apprentice.

7. Penalty for intimidation or annoyance by violence or otherwise.

8. Reduction of penalties.

Legal Proceedings.

9. Power for offender under this Act to be tried on indictment and
not by court of summary jurisdiction.

10. Proceedings before court of smnmary jurisdiction.

11. Regulations as to evidence.

12. Appeal to (|uarter sessions.

Dcfin itions.

13. General definitions.

14. Definitions of " municipal authority " and "public company."

15. "Maliciously" in this Act construed as in Malicious Injuries to
Property Act.

Setting Clause.

16. Saving as to sea service.

lieixal.

17. Repeal of Acts.

Ai^iMcation of Act to Scotland.

18. Application to Scotland. Definitions.

19. Recovery of Penalties, &c., in Scotland.

20. Appeal in Scotland as prescribed by 20 Geo. II. c. 43.

Application of Act to Ireland.

21. Application to Ireland.



616 THE LAW OF MASTER A^'D SERVANT.

An Act for amendimj the Laic relating to Consinracy, and to the Protec-
tion of Property, and for other purposes.

Be it enacted by the Queen's most Excellent Majesty, by and -with
the advice and consent of the Lords Spiritual and Tenii:»oral, and Com-
mons in this present Parliament assembled, and by the authority of the
same, as follows : —

1. This Act may be cited as the Conspiracy, and Protection of Pro-
perty Act, 1875.

2. This Act shall come into operation on the first day of September,
one thousand ei<,dit hundred and seventy-tive.

Conq-iiracy, and Protection of Property.

3. An agreement or combination by two or more pei-sons to do or
procure to be done any act in contemplation or furtherance of a trade
dispute between employers and workmen shall not be indictable as a
conspiracy if such act committed by one person woidd not be punishable
as a crime.

Nothing in this section shall exempt from punishment any persons
guilty of a conspiracy for which a punishment is awarded by any Act
of Parliament.

Nothing in this section shall affect the law relating to riot, unhn\ful
assembly, breach of the peace, or sedition, or any offence against the
State or the Sovereign.

A crime for the purposes of this section means an offence punishable
on indictment, or an offence which is punishable on summary convic-
tion, and for the commission of which the offender is liable imder the
statute making the offence jiunishable to be imi)risoued either absolutely
or at the discretion of the court as an alternative for some other punish-
ment.

Where a person is convicted of any such agreement or combination as
aforesaid to do or procure to be done an act which is punishable only on
summary conviction, and is sentenced to imprisonment, the imprison-
ment shall not exceed three months, or such longer time, if any, as may
have been prescribed by the statute for the punishment of the said act
Avhen committed by one person.

4. Where a person employed by a municipal authority or by any com-
pany or contractor upon Avhom is imposed by Act of Parliament the
duty, or who have otherwise assumed tlie duty of sup]ilying any city,
borough, town, or place, or any part tliereof, with gas or water, wilfully
and maliciously Ijreaks a contract of service with that authority or com-
pany or contractor, knowing or having reasonable cause to believe that
the probable consequences of his so doing, either alone or in condjina-
lion with others, Avill be to deprive the iidiabitants of that city, borough,
town, place, or part, wholly or to a great extent of their supply of gas or



TRADE UNIONS. 617

"water, he shall on conviction thereof by a court of sinuniary jurisdic-
tion or on indictment as hereinafter mentioned, be liable either to pay
a penalty not exceeding twenty pounds or to be imprisoned for a tenn
not exceeding three months, with or without hard labour.

Every such municipal authority, company, or contractor as is men-
tioned in tliis section shall cause to be posted up, at the gas Avorhs or
water works, as the case may be, belonging to such authority or com-
pany or contractor, a printed co2)y of this section in some conspicuous
place where the same may be conveniently read by the persons em-
ployed, and as often as such copy becomes defaced, obliterated, or
destroyed, shall cause it to be renewed with all reasonable despatch.

If any municipal authority or company or contractor make default in
complying with the provisions of this section in relation to such notice
as aforesaid, they or he shall incur on summary conviction a penalty
not exceeding five pounds for every day during which such default
continues, and every person who unlawfully injiires, defaces, or covers
up any notice so posted, up as aforesaid, in pursuance of this Act, shall
be liable on summary conviction to a penalty not exceeding forty
shillings.

5. Where any person wilfully and maliciously breaks a contract of
service or of liiring, knowing or having reasonable cause to believe that
the probable consequences of his so doing, either alone or in combination
with others, will be to endanger human life, or cause serious bodily
injury, or to exjiose valuable property whether real or personal to
destruction or serious injury, he shall on conviction thereof by a coujt
of summary jurisdiction, or on indictment as herein-after mentioned, be
liable either to pay a penalty not exceeding twenty pounds, or to be
imprisoned for a term not exceeding three months, with or witliout hard
labour.

Miscellaneous.

6. Where a master, being legally liable to provide for his servant or
apprentice necessary food, clothing, medical aid, or lodging, wilfully and
■without lawful excuse refuses or neglects to provide the same, whereby
the health of the servant or apprentice is or is likely to be seriously or
permanently injured, he shall on summary conviction be liable either
to pay a penalty not exceeding twenty pounds, (»r to be inipristmed for
a term not exceeding six months, Avith or without hard labour.

7. Every person who, Avith a view to compel any other 'person to
abstain from doing or to do any act which such other person has a
legal right to do or abstain from doing, wrongfully and without legal
authority, —

(1.) Uses violence to or intimidates (?/) such other jierson or his wife
or children, or injures his property ; or,

(y) llccj. V. Dr^iitt, 10 Cox, 592 ; (1875), 13 Cox, 82.
16 L. T. N. S. 855 ; Rcrj. v. Ilibbcrt



618 THE LAW OF MASTER AND SERVANT.

(2.) Persistently follows such dtlu'v person al)Out from place to

place ; or,
(3.) Hides any tools, clotUes, or otlicr property uwncd or used by
such other person, or deprives him of or hinders him in the
use thereof ; or,
(4.) Watches or besets (uu) the house or other place where such other
person resides, or works, or carries on business, or happens
to be, or the approach to such house or place ; or (::),
(5.) Follows such other person with two or more other persons in
a disorderly manner in or through any street or roatl,
shall, on conviction thereof by a court of summary jurisdiction, or on
indictment as herein-after mentioned, be liable either to pay a penalty
not exceeding twenty pounds, or to be imprisoned for a term not ex-
ceeding three months, with or without hard labour.

Attending at or near the house or place where a person resides, or
works, or carries on business, or happens to be, or the approach to such
house or place, in order merely to obtain or communicate information,
shall not be deemed a watching or besetting within the meaning of this
section.

8. Where in any Act relating to employers or workmen a pecuniary
penalty is imposed in respect of any offence under such Act, and no
power is given to reduce such penalty, the justices or coiut having jmis-
diction in respect of such otfence may, if they think it just so to do,
impose by way of penalty in respect of such offence any sum not less
than one fourth of the penalty imposed by such Act (a).



Legal Proceedings.

9. Where a person is accused before a court of summary jurisdiction
of any offence made punishable by this Act, and for whicli a penalty
amounting to twenty pounds, or im}trisonment, is imposed, the accused
may, on appearing Ijeibre the court of summary jurisdiction, declare that
he objects to being tried for such offence by a court of summaiy juris-
diction, and thereupim the court of summary jurisdiction may deal with
the case in all respects as if the accused were charged with an indictable
offence and not an offence punishal)le on summary conviction, and the
offence may be prosecuted on indictment accordingly (b).

10. Every (jffence under this Act which is made ])unishable on con-
viction by a court of summary jurisdiction or on sunnaary conviction,
and every penalty under this Act recoveiable on siuninary conviction

(yy) See preceding note (//). or comnuniicating information ; but

(=) In A'(v/. v. Jinu/d (1870), 13 Cox, this is the only exception."

p. 283, Huddleston, 13., said, with (a) See Suumiary Jurisdiction Act,

reference to the statute now in fona', 1879, s. 4.

it "allows watching or attending near {h) Seeib., 1879, s. 17.

a i)lace for the purpose of obtaining



TRADE UNIONS. G19

may be prosecuted and recovered in juiuuier i)rovided liy the >Suniniary
Jurisdiction Act.

11. Provided, that upon the liefiriii^^- ami determining of any in<lict-
ment or information under sections four, five, and six of this Act, the
respective parties to tlie contract of service, their husbands or wives,
sliall be deemed and considered as competent witnesses.

12. In England or Ireland, if any party feels aggrieved by any convic-
tion made l)ya court of summary jurisdiction on determining any infor-
mation under this Act, the party so aggrieved may appeal thei-et'rom,
subject to tlie conditions and regulations following :

(1.) The appeal shall be made to some court of general or cpiarter
sessions for the county or place in which the cause of appeal
has arisen, holden not less than fifteen days and not more
tlian four months after the decision of the court from which
tlie apjieal is made :

(•2.) Tlu' appL'Uant shall, within siiViii days after the cause of appeal
has arisen, give notice to the other party and to tlie c^ourt of
summary jurisdiction of his intention to appeal, and tlie
ground thereof :

(3.) The appellant shall immediately after such notice enter into a
recognizance before a justice of the peace, with or without
sureties, conditioned personally to try such appeal, and to
abide the judgment of the court thereon, and to pay such,
costs as may be awarded by the court:

(4.) Where the ai^pellant is in custody the justice may, if he think
fit, on the ajipellant entering into such recognizance as afore-
said, release him from custody :

(5.) The court of appeal may adjourn the appeal, and upon the
hearing thereof they may confirm, reverse, or modify the
decision of the court of summary jurisdiction, or remit the
matter to the court of siimmary jurisdiction with the
opinion of the court of appeal thereon, or make such other
order in the matter as the court thinks just, and if the
matter be remitted to the court of summary jurisdiction the
said last-mentioned court shall thereupon re-hear and decide
the information in accordance with the o2)inion of the said
court of appeal. The court of appeal may also make such
order as to costs to be paid by eitlier party as the court
thinks just (c).

Jhlfiidtions.

13. In this Act,—

The expres.sion. " the Summary Jurisdiction Act " means the Act of
the session of the eleventh and twelfth years of the reign of her present
Majesty, chapter forty-three, intituled " An Act to facilitate the per-

(c) Sec Sunnnary Jurisdiction Act, 1S70, s. 32.



620 THE LAW OF MASTER AND SERVANT.

formance of tlic duties of justicfs of llie peace out of sessions within
England and AVales -with ivspect to summary convictions and orders,"
inclusive of any Acts amending the siuue ((/) ; and

The expression " court of summary jurisdiction " means —

(1.) As respects the city of Lonclon, the Lord Mayor or any alderman
of the said city sitting at the Mansion House or Guildhall
justice room ; and
(2.) As respects any police court division in the metropolitan police
district, any metropolitan police magistrate sitting at the
police court for that division ; and
(3.) As respects any city, town, liberty, borough, place, or district
for which a stipendiary magistrate is for the time being
acting, such stipendiary magistrate sitting at a police court
or other place appointed in that behalf ; and
(4.) Elsewhere any justice or justices of the peace to whom juris-
diction is given by the Sunnnary Jurisdiction Act: provided
that, as respects any case within the cognizance of such justice
or justices as last aforesaid, an information under this Act
shall be heard and determined by two or more justices of thi-
peace in petty sessions sitting at some place appointed for
holding petty sessions.
Nothing in this section contained shall restrict the jurisdiction of
the Lord Mayor or any alderman of the city of London, or of any
metropolitan police or stipendiary magistrate, in respect of any act or
jurisdiction which may now be done or exercised by him out of court.

14. The expression "municipal authority" in this Act means any
of the following authorities, that is to say, the Metropolitan Board of
"Works, the Common Council of the city of London, the Commissioners
of Sewers of the city of London, the town council of any borough for
the time being subject to the Act of the session of the Jifth and sixth
years of the reign of King William the Fourth, chapter seventy-six,
intituled, " An Act to provide for the regulation of municipal corpora-
tions in England and "Wales," and any Act amending the same, any
commissioners, trustees, or other persons invested by any local Act ot
Parliament with powers of improving, cleansing, lighting, or paving any
town, and any local board.

Any municipal authority or comi)any or contractor who has obtained
authority by or in pursuance of any general or local Act of Parliainent
to su^iply the streets of any city, borough, town, or place, or of any part
thereof, with gas, or which is required by or in pursuance of any general
or local Act of Parliament to sujjply water on demand to the inhabitants
of any city, borough, town, or place, or any part thereof, shall for the
purposes of this Act be deemed to be a municipal authoiity or company
or contractor upon whom is imposed by Act of Parliament the duty of

(d) Fuiiimary Jurisdiction Act, 1S79.



THADE UNIONS. G21

supplying such city, boi'ouL,'li, town, or place, or part thereof, with gas
or water.

15. Tlie word " maliciously," used in reference to any offence under
this Act, shall be construed in the same manner as it is reipiired hy the
fifty-eighth section of the Act relating to malicious injuries to property,
that is to say, the Act of the session of the twenty-fourth and twenty-
fifth years of the reign of her present Majesty, chapter ninety-seven,
to be construed in reference to any offence committed under such last-
mentioned Act.

Having Clause.

16. Nothing in this Act shall apply to seamen or to a^ipreutices to the
sea service.

Repeal.

17. On and after the commencement of this Act, there shall be
repealed : —

I. The Act of the session of the thirty-fourth and thirty-fiftli years of
the reign of her present Majesty, cliapter thirty-two, intituled
" An Act to amend tlie criminal law relating to violence, threats,
and niolestation ; " and

II. "The Master and Servant Act, 1867," and the enactments specified
in the first schedule to that Act, with the exceptions following as
to the enactments in such schedule, that is to say :

(1.) E.vcept so much of sections one and two of the Act passed in
the thirty-third year of the reign of King George tlie Third,
cliapter fifty-five, intituled " An Act to authorise justices of the
peace to impose fines upon constables, overseers, and other
peace or paiisli officers for neglect of duty, and on masters of
apprentices for ill-usage of such their apprentice ; and also to
make provision for the execution of warrants of distress granted
by magistrates," as relates to constables, overseers, and other
peace or parish officers ; and

(2.) Except so much of sections five and six of an Act passed in
the fifty -ninth years of the reign of King George the Third,
chapter ninety-two, intituled " An Act to enable justices of
the peace in Ireland to act as such, in certain cases, out of
the limits of the counties in -which they actually are ; to make
provision for the execution of warrants of distress granted by
them ; and to authorise them to impose fines upon constables
and other officers for neglect of duty, and on masters for ill-
usage of their apprentices," as relates to constables and other
peace or parish officers ; and

(3.) Except the Act of the session of the fifth and sixth years of
the reign of her present Majesty, chapter seven, intituled " An



622 THE LAW OF MASTER AND SERVANT.

Act to explain the Acts for the bettor regiUation of certain
apprentices ; " and
* (4.) Except sub-sections one, two, three, and live of section

sixteen of "The Summary Jurisdiction (Ireland) Act, 1851,"
relating to certain disputes between employers and the persons
employed by them ; and

III. Also there shall be repealed the following enactments making
breaches of contract criminal and relating to the recovery of wages
by summary procedure, that is to say :

(o.) An Act passed in the fifth year of the reign of Queen
Elizabeth, chapter four, and intituled "An Act touching dyvers
orders for artificers, labourers, ser\'antes of husbandrye, and
apprentices ; " and

(/).) So much of section two of an Act passed in the twelfth year
of King George the First, chapter thirty-four, and intituled
"An Act to prevent unlawful combination t)f workmen employed
in the woollen manufactures, and for better payment of their
wages," as relates to departing from service and (quitting or



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 65 of 77)