John Macdonell.

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

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returning work Ijefore it is finished ; and

(c.) Section twenty of an Act passed in the fifth year of King
George the Third, chapter fifty-one, the title of which begins
■with the Avords " An Act for repealing seA'eral laws relating ti >
the manufacture of woollen cloth in the county of York," and
ends with the words " for preserving the credit of the said
manufactures at the foreign market ; " and

(d.) An Act passed in the nineteenth year of King George the
Third, chapter forty-nine, and intituled " An Act to prevent
abuses in the payment of wages to persons em])loyed in the
bone and thread lace manufactory ; " and

(c.) Sections eighteen and twenty-three of an Act passed in the
session of the third and fourth years of her present Majesty,
chapter ninety-one, intituled " An Act for the more effectual
prevention of frauds and abuses committed by weavers, sewers,
and other persons employed in the linen, hempen, miion,
cotton, silk, and woollen manufactures in Ireland, and for the
better payment of their wages, for one yeai-, and fiom tlience to
the end of the next session of I'arlianient ; " and

(/.) Section seventeen of an Act i>assed in the session of the
sixth and seventh years of lier ])resent Majestj", eliajiter forty,
the title of which begins with the words " An Act to amend
the laws," and ends with the words " workmen engaged
therein ; " and

{(J.) Section seven of an Act jiassed in the sessicm of the eighth
and ninth years of her ])resent Majesty, c]iai)ter one hundred
and twenty-eight, and intituled "An Act to make further



TKADH UNIONS.



G2:J



regulations respecting the ticlvL-ts of work to be delivered to
silk weavers in certain cases."
Provided that, —

(1.) Any order for wa.ges or further sum of compensation in addition
to wages made in pursuance of section sixteen of " The Summary
Jurisdiction (Ireland) Act, 1851," may he enforced in like manner
as if it were an order made by a court of summary jurisdiction in
pursuance of the Employers and Workmen Act, 1875, and not other-
Avise ; and
(2.) The repeal enacted by this section shall not affect —

(a.) Anything duly done or sufiered, or any right or liability
acquired or incurred under any enactment hereby repealed ; or
(6.) Any penalty, forfeiture, or punishment incurred in respect of
any ofience committed against any enactment hereby re-
pealed ; or
(c.) Any investigation, legal proceeding, or remedy in respect of
any such right, liability, penalty, forfeiture, or punishment as
aforesaid ; and any such investigation, legal proceeding, and
remedy may be carried on as if this Act had not passed.

Ajiplication of Ad to Scotland.

18. This Act shall extend to Scotland, with the modifications following :
that is to say,

(1.) The expression "municipal authority" means the town council
of any royal or parliamentary burgh, or the commissioners
of police of any burgh, town, or populous place under the
provisions of the General Police and Improvement (Scotland)
Act, 1862, or any local authority under the provisions of the
Public Health (Scotland) Act, 1867 :

(2.) The expression " The Summary Jurisdiction Act " means the
Summary Procedure Act, 1864, and any Acts amending the
same :

(3.) The expression "the court of summary jurisdiction " means the
sheriff of the county or any one of his substitutes.

19. In Scotland the following provisions shall have effect in regard
to the prosecution of offences, recovery of penalties, and making (jf
orders under this Act : —

(1.) Every offence under this Act shall be prosecuted, every penalty
recovered, and every order made at the instance of the lord
advocate or of the procurator fiscal of the sherifT court :

(2.) The proceedings may be on indictment in the Court of Justiciary
in Edinburgh, or on circuit, or in a sheriff court, or may be
taken summarily in the sheriff court under the provisions of
the Summary Procedure Act, 1864 :

(3.) Every person found liable on conviction to pay any penalty
under this Act shall be liable, in default of payment within



624 THE LAW OF JIASTER AND SEKVANT.

a tiino to be fixed in tlie conviction, to be imprisoned for a
term, to be also fixed therein, not exceeding two months, or
imtil such penalty shall be sooner paid, and the conviction
and warrant may ])e in the form of No. 3 of schedule K. of
the Summary Procedure Act, 1864 :
(4.) In Scotland all penalties imposed in pursuance of this Act
shall be paid to the clerk of the court imposing them, and
shall by him be accounted for and paid to the Queen's and
Lord Treasurer's Remembrancer, and be carried to the Con-
solidated Fund.

20. In Scotland it shall be competent to any person to appeal against
any order or conviction under this Act to the next circuit court of
Justiciary, or where there are no circuit courts, to the High Court of
Justiciary at Edinburgh, in the manner prescribed by and under the
rules, limitations, conditions, and restrictions contained in the Act passed
in the twentieth year of the reign of his Majesty King George the Second,
chapter forty-three, in regard to appeals to circuit courts in matters
criminal, as the same may be altered or amended by any Acts of
Parliament for the time being in force.

Ai^plication of Act to Ireland.

21. This Act shall extend to Ireland with the modifications following,
that is to say : —

The expression " The Summary Jurisdiction Act " shall l)e construed
to mean, as regards the police district of Dublin metropolis, the
xVcts regulating the powers and duties of justices of the peace for
such district ; and elsewhere in Ireland, the Petty Sessions (Ireland)
Act, 1851, and any Act amending the same :

The expression "court of summary jurisdiction " shall be construed
to mean any justice or justices of the peace, or other magistrate to
whom jurisdiction is given by the Summary Jurisdiction Act :

The court of smnmary jurisdiction Avhen hearing and determining
complaints under this Act, shall in the police district of Dublin
metropolis be constituted of one or more of the divisional justices
of the said district, and elsewhere in Ireland of two or more justices
of the ])eace in petty sessions sitting at a place appointed for holding
petty sessions :

The expression "muuiciiial authority" shall be construed to mean the
town council of any borough for the time being, subject to the Act
of tlie session of the third and fourth years of the reign of her
present Majesty, chapter one hundred and eight, entitled "An Act
for the Regulation of Municipal Corporations in Ireland," and any
commissioners invested by any general or local Act of Parliament,
with ]iower of improving, cleansing, lighting, or paving any town
or township.



TRADE UNIONS. G25

30 & 40 VICT. c. 22.

Arrangemknt of Clauses.

CLiusc.

1. Construction and short title.

2. Trade unions to be witliin s. 28 of Friendly Societies Act, 1875.

3. Amendment of s. 8 of principal Act.

4. Provision in case of absence, &c., of trustee.

5. Jurisdiction in offences.

6. Registry of unions doing business in more than one country.

7. Life Assurance Coni])anies Acts not to apply to registered

unions.

8. Witlidrawal or cancelling of certiticate.

9. Membership of minors.

10. Nomination.

11. ( 'hange of name.

12. Amalgamation.

13. Registration of changes of names and amalgamations.

14. Dissolution.

15. Penalty for failure to give notice.

16. Definition of " trade union " altered.



An Act to amend the Trade Union Act, 1871 (1876).

Whereas it is expedient to amend the Trade Union Act, 1871 :
Be it therefore enacted by the Queen's most excellent Majesty, by and
■with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority of
the same, as follows :

1. This Act and the Trade L'nion Act, 1871, hereinafter termed the
princi])al Act, shall be construed as one Act, and may be cited together
as the " Trade Union Acts, 1871 and 1876," and this Act may be cited
sejiarately as the " Trade Union Act Amendment Act, 1876."

2. Notwithstanding anything in section five of the principal Act
contained, a trade union, whether registered or unregistered, Avhich
insures or pays money on the death of a child under ten years of age
shall be deemed to be within the provisions (jf section twenty-eight of
the Friendly Societies Act, 1875.

3. Whereas by section eight of the principal Act it is enacted that
" the real or personal estate of any branch of a trade union shall be
vested in the trustees of such brancli : " The said section shall be read
and construed as if immediatelv after the hereinbefore recited words



626 THE LAW OF ^fASTEU AND SERVANT.

there were inserted the words " or of the trustees of the trade union, if
the rules of tlie trade union so jirovide."

4. When any person, being or having been a trustee of a trade iinitin
or of any branch of a trade imiion, and Avliether appointed before or after
the legal establishment thereof, in whose name any stock belonging to such
union or branch transferable at the Bank of England or Bank of Ireland
is standing, either jointly with another or others, or solely, is absent
from Great Britain f)r Ireland respectively, or becomes bankrupt, or tiles
any petition, or executes any deed for li(|uidati(m of his affairs by assign-
ment or arrangement, or for composition with his creditors, (jr becomes
a lunatic, or is dead, or has been removed from his oftice of trustee, or if
it be unkno^\^l whether such person is living or dead, the registrar, on
application in WTiting from the secretary and three members of the
imion or branch, and on proof satisfactory to him, may direct the
transfer of the stock into the names of any other persons as trustees for
the union or branch ; and such transfer shall be made by the surviving
or continuing trustees, and if there be no such trustee, or if such trustees
refuse or be unable to make such transfer, and the registrar so direct,
then by the Accountant-General or depiity or assistant Accountant-
General of the Bank of England or Bank of Ireland, as the case may be ;
and the Governors and Companies of the Bank of England and Bank of
Ireland respectively are hereby indemnified for anything done by them
or any of their officers in pursuance of this provision against any claim
or demand of any person injuriously affected thereby.

5. The jurisdiction conferred in the case of certain ofl'ences by section
twelve of the principal Act upon the court of summary jurisdiction for
the place in which the registered office of a trade union is situate may be
exercised either by that court or by the court of summary jurisdiction for
the place where the offence has been committed.

6. Trade unions carrying or intending to carry on busiiu'ss in more
than one country shall be registered in the country in which their
registered office is situate ; biit copies of the rules of such unions, and of
all amendments of the same, shall, when registered, be sent to the
registrar of each of the other countries, to be recorded by him, and until
such rules be so recorded the luiion shall not l)e entitled to any of the
privileges of this Act or the priucijial Act, in the country in Avhich such
rules have not been recorded, and until such ameiulments of rules be
recorded the same shall not take effect in such countiv.

In this section "country" means England, Scotland, or Ireland.

7. Whereas by the " Life Assurance Companies Act, 1870," it is pro-
vided that the said Act shall not apply to societies registered under the
Acts relating to Friendly Societies : The said Act (or the amending Acts)
shall not apply nor be deemed to have applied to trade unions registered
or to be registered uiuler the ])rincipal Act.

8. No certificate of registration of a trade union sliall be withdrawn or
cancelled otherwise tlian by the chief registrar of friendly societies, or



TRADE UNIONS.



G27



ill the case of trade unions registered and doini,' Ijusincss ex<dusively in
Scotland or Ireland, by the assistant registrar tor Scotland (jr Irclaiul,
and in the following cases :

(1.) At the request of the trade union to be evidenced in such

manner as such chief or assistant registrar shall from time to

time direct :

(2.) On proof to his satisfaction tliat a certificate of registration

has been obtained by fraud or mistake, or that the registration

of the trade union has bec(»me void under section six of the

Trade Union Act, 1871, or that such trade union has wilfully

and after notice from a registrar whom it may concern,

violated any of the provisions of the Trade Union Acts, or

has ceased to exist.

Not less than tAvo months' previous notice in writing, specifying

briefly the ground of any proposed withdrawal or cancelling of certificate

(unless where the same is shown to have become void as aforesaid, in

which case it shall Ije the duty of the chief or assistant registrar to

cancel the same forthwith) shall be given by the chief or assistant

registrar to a trade union before the ci-rtificate of registration of the same

can be Avitliilrawn or cancelled (except at its rec^uest).

A trade union whose certificate of registration luis been withdraAvn or
cancelled shall, from the time of such withdrawal or cancelling, abso-
lutely cease to enjoy as such the privileges of a registered trade union,
but without prejudice to any liability actually incurred by such trade
union, which may be enforced against the same as if such withdrawal or
cancelling had not taken place.

9. A person under the age of twenty-one, but above the age of
sixteen, may be a member of a trade union, imless provision be made
in the rules thereof to the contrary, and may, sulyect to the rules of
the trade miion, enjoy all the rights of a member except as herein
provided, and execute all instruments and give all acr[uittances necessary
to be executed or given under the rules, but shall not be a member
of the committee of management, trustee, or treasurer of the trade
union.

10. A member of a trade union not being under the age of sixteen
years may, by writing under his hand, delivered at, or sent to, the
registered office of the trade imion, nominate any person not being an
officer or servant of the trade union (unless such officer or servant is the
husband, wife, father, mother, child, brother, sister, nephew, or niece of
the nominator), to Avhom any moneys payable on the death of such
member not exceeding fifty pounds shall be paid at his decease, and
may from time to time revoke or vary such nomination by a Avriting
under his hand similarly delivered or sent ; and on receiving satisfactory
proof of the death of a nominator, the trade union shall pay to the
nominee the amount due to the deceased member not exceeding the sum
aforesaid.

s s 2



628 THE LAW OF PIASTER AND SERVANT.

11. A trade union may, Avitli tlie approval in writing of the chief
registrar of frieiully societies, or in the case of trade unions registered
and doing business exclusively in Scotland or Ireland, of the assistant
registrar for Scotland or Ireland respectively, change its name by the
consent of not less than two-thirds of the total number of members.

No change of name shall affect any right or obligation of the trade
union or of any member thereof, and any pending legal proceedings
may be continued by or against the trustees of the trade union or any
other officer who may sue or be sued on behalf of such trade union
notwithstanding its new name,

12. Any two or more trade unions may, by the consent of not less
than two-thirds of tlie members of each or every such trade union,
become amalgamated together as one trade union, with or without any
dissolution or division of the funds of such trade unions, or either or
any of them ; but no amalgamation shall prejudice any right of a creditor
of either or any union j)arty thereto.

13. Notice in writing of every change of name or amalgamation
signed, in the case of a change of name, by seven members, and counter-
signed by the secretary of the trade union changing its name, and
accompanied by a statutory declaration bj' such secretary that the
provisions of this Act in respect of changes of name have been complied
with, and in the case of an amalgamation signed by seven members, and
countersigned by the secretary of each or every union party thereto, and
accompanied by a statutory declaration by each or every such secretary
that the provisions of this Act in respect of amalgamations have l)een
complied with, shall be sent to the central office established by the
Friendly Societies Act, 1875, and registered there, and until such
change of name or anialganiatiou is^ so registered the same shall not
take effect.

14. The rules of every trade union shall provide for the manner of
dissolving the same, and notice of every dissolution of a trade union
under the hand of the secretary and seven members of the same shall
be sent within fourteen days thereafter to the central offiice herein-
before mentioned, or, in the case of trade unions registered and doing
business exclusively in Scotland or Ireland, to the assistant registrar
for Scotland or Ireland respectively, and shall he registered by them :
Provided, that the rules of any trade union registered before the
passing of this Act shall not be invalidated by tlie absence of a pro-
vision for dissolution.

15. A trade union which fails to give any notice or send anj' docu-
ment which it is required by this Act to give or send, and every officer
or other person bound by the rules thereof to give or send the same, or
if there be no such officer, then every member of the committee of
management of the union, unless proved to have been ignoi-ant of, or to
have attempted to prevent tlie omission to give or send the same,
is liable to a penalty of not less than one pound and not more than



TRADE UNIONS. C29

five pounds, recovenilile at the suit of tlu; cluL-f or any assistant registrar
of fric'iully societies, or of any person ii;,'^rieved, and to an additional
penalty of tlie like amount for each ■week during which the omissiou
continues.

16. So much of section twenty-three of the j^rincipal Act as defines
the term trade union, except the proviso qualifying such detinition, is
hereby repealed, and in lieu thereof be it enacted as follows :

The term " trade union " means any combination, whether temporary
or permanent, for regulating the relations between workmen and masters,
or between workmen and workmen, or between masters and masters,
or for imposing restrictive conditions on the conduct of any trade or
business, whether such combination would or would not, if the principal
Act had not been passed, have been deemed to have been an unlawful
comliination by reason of some one or more of its purposes being in
restraint of trade.



CHAPTEE XIY.

EMPLOYERS AND \YORKMEN ACT.

(38 & 39 VICT. c. 90, 1875).

Arrangement of Clauses.

Preliminary.
Clauses.

1. Short title.

2. Commencemeiit of Act.

Part I.

Jurisdiction — Jurisdiction of Countij Court.

3. Power of county court as to ordering of payment of money, set-off,

and rescission of contract, and taking security.

Court of Summary Jurisdiction.

4. Jurisdiction of justices in disputes between employers and

workmen.

5. Jurisdiction of justices in disputes .between masters and

apprentices.
G. Powers of justices in respect of apprentices.

7. Order against surety of apprentice, and power to friend cf appren-

tice to give security.

Part II.

rrocediire.

8. Mode of giving security.
[). Summary proceedings.

Part III.

Definitions and ]\[iscclla7ieous.
Definitions.

10. Definitions :/' "Workman," " Tlie Summary Jurisdiction Act."

1 1 . Set-off in case of factory workers.



EMPLOYERS AND WOHKMEN ACT. 031

A2y2}licaiion.

Clauses.

12. Application to apprentices.

Saving Clause.

13. Saving of special jurisdiction, and .seamen.

Part IV.

Ajiplication of Act tn Scotland.

14. Application to Scotland. Detinitions,

Part V.

Application of Act to Ireland.

15. Application to Ireland.



CHAPTER XC.



An Act to enlarge tJie Powers of County Courts in respect of Disputes hetweeyi
Emploijers and Worhnen, and to give other Courts a limited Civil
Jurisdiction in respect of such Dis2}utes.

Be it enacted by tlie Queen's most excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons
in this present Parliament assembled, and by the authority of the same,
as follows : —

I'reliminarii.

1. This Act may be cited as the Employers and AVorkmen Act, 1875.

2. This Act, except so far as it authorises any rules to be made or
other thing to be done at any time after the jiassing of this Act, shall
come into operation on the first day of September one thousand eight
hundred and seventy-five.

Part I.

Jurisdiction — Jurisdiction of County Court.

3. In any proceeding before a county court in relation to any dispute
between an employer and a Avorkman (n) arising out of or incidental to
their relation as such (which dispute {b) is hereinafter referred to as a
dispute imder this Act) the court may, in adilition to any jurisdiction it
might have exercised if this Act had not passed, exercise all or any of
the following powers ; that is to say,

(a) The Act does not doliiic "em- out giving previous notice to liis

ployer." As to " workmen, " see eniployei-, though before summons

s. 10. no claim had been made ; Clcmson

{b) This includes a claim for v. Hubbard (1876), L. K. 1 Ex. D.

damages and loss caused by a work- 179; 45 L. J. M. C. 69; 33 L. T.

man leaving liis employment with- K. S. S16 ; 24 AV. R. 312.



632



THE LAW OF MASTER AND SERVANT.



(1.) It may adjust and set oft' the one aj^ainst the other all such
claims on the part either of the employer or of the Avorkman,
arising out of or incidental to the relation hetween them, as
the court may find to be subsisting, -whetlier such claims are
liipiidated or nnli(pudated, and are for wages, damages, or
otherwise (c) ; and,

(2.) If, having regard to all the circumstances of the case, it thinks
it just to do so, it may rescind (d) any contract between the
employer and the workman ui)on such terms as to the
apportiomnent of wages or other sums due thereunder, and
as to the payment of wages or damages, or other smns due,
as it thinks just ; and,

(3.) "Wliere the court might otherwise award damages for any
breach of contract it may, if the defendant be willing to give
security to the satisfoction of the court for the performance
by him of so much of his contract as remains unperformed,
with the consent of the plaintiff, accept such security, and
order performance of the contract accordingly, in place either
of the whole of the damages which would otherwise have
been awarded, or some part of such damages.



(c) Grainger v. Ai/tislcy (1880),
L. II. 6 Q. B. D. 182 ^29 W. K. 242.
(The appellant, a potter's printer,
under a contract to work from ]\Iar-
tinmas to Martinmas, subject to a
notice of a month on either side.
He was necessarily assisted by
"transferrers," whom he paid and en-
gaged ; held that the appellant was a
"workman," and that ho was liable
to pay damages, though the l)reaeh of
contrnct arose from tiie transferrers'
refusal to work.)

As to claims by master against in-
fant, see Lrslir. v. Fitzpatrick (1877),
L.K. 3 Q. V>. D. 229 ; 47 I.. J. M. C.
22 ; 37 L. T. N. S. 446. The
following cases bear iipon this section :
—lioutledtjc V. Jlisloj) (1860), 29 L. J.
M. C. 90. (Judgment in action by ser-
vant in (Jounty (Jourt for a wrongful
dismissal is a bar to jiroceedings
before justices to recover (juarter's
wages.) Mil/ctt v. Cokmaii (1873),
44 L. J. Q. 15. 194 ; 33 L. T. N. S. 204.
(Summons for wages, lieaiil by justices
under the Master and Servant Act,
1867, dismissed ; plaintitls then issued
]>laints for the same in ( 'ounty Courts ;
judgment for tiie defendant on the
grounds that the matter was rea
judicata.

JliiuUaj V. lluslam (1878), L. R-



3 Q. P.. D. 481. (Appellant em-
ployed by respondents as a spinner ;
discharged for neglecting his work.
The resjjondents refusing to pay wages
in lieu of notice, appellant took pro-
ceedings against respondents in the
County Court. No counter-claim or
set-olf liled or set up ; but evidence
was produced to show appellant
guilty of negligence. Verdict for
£'i 10s. ; lield that tlie resj)ondents
Avere not precluded from i)referring a
claim before the justices under ss. 3
& 4, for wrongfully and negligently



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 66 of 77)