Slike strani
PDF
ePub

before a justice in England, Wales, or Ireland, and before a justice or sheriff in Scotland, setting forth the facts and the amount of compensation claimed. Either party can be compelled to appear to the summons on pain of having a warrant issued for his apprehension (ss. 4-7).

In case of an intention to abscond appearing, security for appearance is to be found. Compensation may be awarded for breach or non-performance of service. The recognizance or bond for fulfilment of contract may be enforced. The money may be recovered by distress-imprisonment in default; such imprisonment to be in discharge of compensation. But no wages which may be accruing due to the employed under any contract of service, can be distrained.

A magistrate has the power of committing the party complained against, if he has been guilty of gross misconduct, to gaol, without hard labour, for any term not exceeding three months; but there is an appeal to the next quarter session. Wages are not to be payable during imprisonment.

CHAPTER XXVI.

Industrial Classes.

Is the last chapter was exhibited the general civil relations established by the laws between masters and servants; in this will be brought together the statutory provisions made for regulating mills and factories, and the employment of artificers, labourers, and apprentices; for the arbitration of disputes between masters and workmen; for fixing the coin or commodity in which wages shall be lawfully paid; for the establishment of free libraries, baths, and washhouses; the protection of apprentices, and the regulation of lodging-houses; and also the laws made for protecting and encouraging those Savings, Friendly, and Provident institutions, especially intended for the benefit of the working classes. These different subjects will be comprised under the following heads :

[blocks in formation]

10. Arbitration of Disputes. 11. Mills and Factories.

12. Mines and Collieries.

13. Regulation of Agricultural Gangs. 14. Regulation of Bakehouses.

15. Payment of Wages in Goods. 16. Millers.

17. Chimney-sweepers.

18. Artificers and Labourers.

19. Servants and Apprentices.

20. Public Baths and Washhouses.

21. Labourers' Dwellings.

22. Lodging-houses for the Labouring Classes. 23. Common Lodging-houses.

I. FRIENDLY SOCIETIES.

These institutions have long existed in this country; but, in 1793, the salutary objects they sought to attain were so apparent, and the number of persons interested therein so great, that it was thought expedient to render them an object of legislative protection and regulation. During late sessions of parliament, the laws relative to societies of mutual assurance have undergone very elaborate inquiries, and such alterations were sought to be introduced as seemed likely to avert the failure that had befallen some institutions, owing to the mistaken principles on which they had been conducted.

In 1855, all the acts relating to these societies, from the 33 G. 3, c. 54, to the 18 V. c. 101, were wholly repealed, so far as they relate to friendly societies, and their provisions consolidated and amended by the 18 & 19 V. c. 63. But by ss. 2-4, societies under former acts are to continue, their rules to remain in force, their enrolments to be sent to the registrar, and all their contracts, bonds, &c., to continue in force. Such subsisting societies as shall not hereafter effect insurances to any person of any sum exceeding £200, or any annuity exceeding £30 per annum, are to enjoy the privileges conferred by this act on societies established under its provisions. Three registrars are appointed, one for England and one for Ireland, both to be barristers, and one advocate for Scotland, all to be of not less than seven years' standing; the salary for the present registrar for England not to be less than £1,000, the other two not exceeding £800 per annum, besides the expenses of their office. Any number of persons are empowered under this act to establish a friendly society, by subscriptions or donations: 1. For ensuring a sum of money to be paid on the birth of a member's child, or on the death of a member, or for the funeral expenses of the wife or child of a

member; 2. For the relief of the members, their husbands, wives, children, brothers or sisters, nephews or nieces, in old age, sickness, or widowhood, or the endowment of members or nominees of members at any age; 3. For any purpose which shall be authorized by one of her Majesty's principal secretaries of state, or in Scotland by the lord advocate, as a purpose to which the powers and facilities of this act ought to be extended. But no member to contract for an annuity exceeding £30 per annum, or a sum payable on death, or any other contingency, exceeding £200, ss. 4-9.

Benevolent societies, if their rules are transmitted to the registrar, and found not to be inconsistent with this act, are to receive a certificate, and be entitled to its privileges.

Societies may be dissolved by the votes of five-sixths in value of the then existing members called together at a special meeting; every member to be entitled to one vote, and an additional vote for every five years that he may have been a member; or two or more societies may unite, or one society may transfer its engagements to another on such terms as may be agreed upon by the major part of the trustees or the majority of members at a general meeting convened for the purpose. Minors may be elected members of the society, but not to hold office during their minority. Trustees, if empowered by a majority of the members, may purchase, build, or hire any buildings, with lands not exceeding one acre, for the purpose of holding the meetings of the society; or with the like consent may sell, let, or exchange, or mortgage the same; but the money is to be raised according to the rules of such society on such behalf invested. Trustees are to be appointed by a majority of members present at a meeting of the society, and the property of the society vested in them; they are authorized to maintain actions in any court of law or equity brought by or against them; but not to be liable for any deficiency of the funds of the society, but only for the moneys actually received by them on account of the society. If any officer die, become bankrupt, or insolvent, having in his hands by virtue of his office, moneys, or other property of the society, his executors, assignees, trustees, or the sheriff, shall, upon a written demand from the trustees, deliver up the same: and frauds are punishable by fine or imprisonment, ss. 11-24.

Before any friendly society is established under this act, the rules and regulations in a defined form are to be settled, such rules providing that all moneys received or paid for the various objects of the institution shall be entered into and kept in a separate account; and copies of the rules are to be sent to the registrar, and his certificate obtained, for which certificate no fee is to be payable, but a certificate of an actuary of five years' standing in some life office must be sent with the copies in cases of tables of annuities being included. The rules may be altered, amended, or

rescinded, subsequent to registration, but copies of them must be sent to the registrar, and his certificate obtained; and whenever the place of meeting is changed, notice must be given to the registrar. The giving of false copies of the rules and regulations of a society, or of any alterations that may have been made, is punishable as a misdemeanour. Copies of the rules and regulations signed by the registrar are to be received as evidence in all courts without further proof, s. 29.

Any sum not exceeding £50 may be paid to the proper representative on the death of any member without taking out letters of administration in England or Ireland, and without confirmation in Scotland; the trustees are indemnified, if, after having paid the sum due to the person appearing as the proper representative, any other claim should be made, but the action may lie against the person so receiving the money. The funds of the society are to be invested, according to the decision of a majority, in savings banks, the public funds, or with the commissioners of the national debt, or in such other securities as the majority shall direct, not being purchases of houses or land (save for the purpose of holding their meetings), nor shares in joint-stock companies, nor on personal security, except to members of a certain standing, to the amount of not more than half the amount of his life assurance. On the death of a trustee, or the cessation of his office from any cause, the stock standing in his name may be transferred to a new trustee on the direction of the registrar. No copy of rules, letter of attorney, receipt, or other document, to be liable to stamp-duty in any society not insuring to an amount of more than £200 on the death of a member, or of annuities not exceeding £30 per annum. ss. 30-37.

Members cannot belong to more than one such society, so as to receive more than the above sums; a declaration is required on entering that they have not done so, and any fraudulent declaration is punishable as a misdemeanour. Disputes are to be settled according to the rules of the society, and to be without appeal; and where the rules do not prescribe a mode of settling disputes, or where arbitrators do not agree, they also are to be decided by the county courts in England, in Scotland by the sheriff, and in Ireland by the assistant barrister, within their respective districts. In the case of societies whose rules are not certified, the disputes between the society and its own members are to be settled in the same manner as in those of certified societies. An annual return is to be made in the first three months of each year of the funds and effects of the society during the preceding twelve months, or a copy of the annual report to be sent to the registrar, and every five years a return of the rate of sickness and mortality within that period; the registrar laying before parliament a report of his proceedings, and

of the principal matters connected with friendly societies annually, ss. 38-46.

Where the rules of any society already established have provided that any member shall be deprived of any benefit by reason of his enrolment or service in the militia, the trustees are to require an extra contribution from such member not exceeding one-tenth of the usual rate, while he is serving out of the United Kingdom, or they may suspend his claim to any benefits, while so serving, together with all claims for contribution, until his return, when he is to be placed on the same footing as before. This act extends to the United Kingdom.

In 1858 the preceding act was amended, and additional facilities given by 21 & 22 V. c. 101, for carrying it into effect. By s. 1, jurisdiction of county court in city of London given to sheriff's court, and in Ireland to the assistant barrister within his district, and in Cork and Dublin to the recorder. One or two justices in Ireland may act as justices in England.

By s. 2, no money to be paid on an insurance on the death of a child under ten years of age for funeral expenses, without a certificate, signed by a qualified medical practitioner, stating the probable cause of death. Provision against trustee or officer paying any sum for funeral expenses above £6 for a child under five years, or £10 for a child between five and ten years. Penalty £5 or under. Any friendly society, with approval of registrar in writing, may change its name. An officer to be proceeded against in behalf of society. Where the rules of any friendly society direct disputes to be referred to justices, any justice of the peace acting in the district in which the place of business of such society is situated may settle disputes, s. 5.

By 23 & 24 V. c. 58, in case of dissolution of society, under 18 & 19 V. c. 63, s. 13, it is not necessary to state in agreement intended division of funds, but may refer the same to the award of the registrar. The registrar's award to be conclusive without appeal. Provision for societies dissolved before the act, s. 5. S. 8 of 21 & 22 V. c. 101, repealed. Penalty of not above 20s. for not making annual return to registrar pursuant to s. 35 of 18 & 19 V. c. 68.

II. INDUSTRIAL AND PROVIDENT SOCIETIES.

Societies under this denomination first obtained legislative sanction in 1852, and subsequently several acts were passed generally intended to secure to the members of such associations the immunities of the friendly societies; these acts were repealed and their provisions consolidated and amended in 1862 by 25 & 26 V. c. 87. By s. 2 of this act, certificate of registration of such societies may be obtained, without fee, on application to the registrar of friendly societies. Any number of persons not less than seven may estab

« PrejšnjaNaprej »