future employment, respecting which at the time of the notice there was no existing contract. (2.) The fines can only be fair and reasonable, and cannot be imposed except in respect of some acts reasonably likely to cause injury to the employer's business. (3.) At the time when any deduction or payment is made in respect of any fine particulars of it must be supplied in writing, otherwise an offence against the Act has been committed. Deductions for bad or negligent work are under restrictions very similar to those imposed in the case of fines. Deductions for materials supplied are also under similar restrictions. They must not exceed the fair value of the article supplied; by this is meant, in substance, that employers can only charge the workmen for such materials at cost price. It is not possible to lay down any definition of cost price which will meet every imaginable case, but what is intended is that the price shall be what it has actually cost to supply them, all reasonable expenses being taken into consideration; and that the employer shall not make any profit whatever out of the sale of materials to the workmen, except such incidental advantage as he may legitimately obtain by the use of proper materials in his business. It is to be noted that (1.) Not only is it an offence to make an illegal deduction, or receive an illegal payment, but also to make any contract for such deduction or payment. If therefore an employer posts a notice embodying excessive fines or other illegal deductions, and persons work under it, an offence will have been committed, although no illegal fine or other deduction may actually have been enforced. (2.) A limitation of time, six months for taking civil proceedings, is imposed by the Act, whereas in the other Truck Acts no such limit is fixed. Under former Truck Acts a workman who had improperly been paid part of his wages in goods might keep the goods and sue for the money. This is still the case under the old Truck Acts. Under the Truck Act of 1896, however, that is to say, in any case where a fine, or deduction for fines or for bad work, or materials supplied, is made, the workman who has consented to it can only recover the excess over what would have been a fair deduction. Under this Act, therefore, a workman is not entitled to go on for years, knowingly submitting to excessive deductions, and then claim to have them all repaid. He can only recover the amount by which they are held to be excessive. Provision is made in this Act for production of any contracts involving fines or deductions for materials or bad work to the inspectors and giving copies to workmen. It is also enacted that a register shall be kept of all fines. This is an important provision, and it will be the inspector's duty from time to time to look at such registers, and see that the fines and deductions therein do not appear excessive. Summary penal proceedings under the Summary Jurisdiction Acts must be taken within six months of the offence. No payment illegal under the older Truck Act is legalised by the Act of 1896. The inspectors are charged with the duty of seeing that the Truck Acts are not infringed in all factories, mines and workshops inspected by them. It is desirable that prosecutions for contraventions of those Acts should be instituted by them. In conclusion, it may be remarked that the Truck Acts are for the protection of the workmen, especially the more ignorant or weak among them. It is not intended that the inspectors shall intervene in cases where it is quite clear that the workpeople are not in any way subject to any compulsion, and where they are receiving full value for their money. On the other hand, whenever a case of real hardship or compulsion is discovered, even though small, the inspectors should not hesitate, first, to endeavour to induce employers to rectify any abuse that is complained of, or, if they refuse, to take steps to compel them to obey the law. KENELM E. DIGBY. WHITEHALL, 31st December 1896. APPENDIX III. Form of Application for Certificates to Schemes of Compensation under the Workmen's Compensation Act, 1897. WORKMEN'S COMPENSATION ACT, 1897. APPLICATION FOR CERTIFICATE TO SCHEME. and Title of Scheme Nature of Employment. Situation of Works. This application is made by the undersigned Employer The undersigned Workmen have been authorised to join Workmen in the employment. State how authority was given. The following is a comparison of the provisions of the The statement Scheme with those of the Act: The following are the benefits provided by the Scheme other than those of the Act:: be be The contribution of the Employer to the Scheme is to The contribution of the Workmen to the Scheme is to The Scheme contains no obligation upon the Workmen to join the Scheme as a condition of their hiring. The Scheme has been actuarially [valued and] reported upon by Mr. and a copy of his report is lodged herewith. should be modified accordingly, and all should sign it (Signature). Employer. The views of the undersigned Workmen are as follow: (Signatures) Workmen. DESCRIPTIVE INDEX OF CASES CITED. CASE. REPORT. SUBJECT-MATTER. PAGE. Allan v. Liverpool L.R., 9 Q. B., Archer v. James. Baker v. Carter. 43 Eliz., c. 2, s. 1. Definition of 572. Forest of Dean, 1 & 2 Vict., c. 43, 515. 31 L.J., Q.B., Truck Act, 1831, s. 23. Deductions 29, 610. men. 3 Ex.D., 135. Coal Mines Regulation Act, 1887, 46. Blake v. Midland 12 Q.B., 93. Bourne v. Netherseal 19 Q.B.D., Brain in re. Lord Campbell's Act, ss. 1, 2. Re- 32. Coal Mines Regulation Act, 1872, 595. 18 L.R., 398. Forest of Dean, 1 & 2 Vict., c. 43, 461, 498 Bruce v. Abercorn (1891) 2 Q. B., Coal Mines Regulation Act, 1887, 24, 47. Connor v. Kent. 699. s. 12. Deductions in weighing (1891) 2 Q.B., Conspiracy and Protection of Pro- 180. perty Act, 1875, s. 7. Definition of "intimidation." Coal Mines Regulation Acts. De-19. Conspiracy and Protection of Pro- 180. L.R., 2 Q.B., Trunk Act, 1831, s. 23. Deductions 29. Denaby & Cadeby 14 357. T.L.R., Colliery Co. V. 347. |