THE "Unemployed Workmen Act, 1905." , With the Orders and Regulations issued by the Local Government Board under the Provisions of the Act; and Notes BY RJ^. LEACH, OF GRAY'S INN, BARRISTER-AT-LAW, Author of "Education of Pauper Children." "Criticism and Analysis of Valuation Bill, 1904." Joint-Author of the "Vaccination Law," &c. ^tcii^ilflcTZii J 'J 1905. LOCAL GOVERNMENT PRINTING AND PUBLISHING COMPANY, ROCHDALE. PREFACE. In the preparation of this work my only aim haa^een to produce a handbook of ready and complete assistance to all who collectively or individually have anything to do with the carrying 5 oat of the provisions of the Unemployed Workmen Act, 1905, i and the Orders and Regulations issued by the Local Government I Boax^d under the provisions of the Act. ^ Nothing has been left out of the book that was thought J would be of any service, especially to members of Distress u Committees and Central Bodies and their officers. Instead of 3 giving altogether the circular letters sent out by the Local : Govei-nment Board, on the issue of their Orders and Regulations, I have purposely adopted the plan of making all the necessary extracts from such letters and using them in the notes to the sections of the Act or the Articles of the Orders and Regulations to which such extracts particularly relate. This plan yields the advantage of getting the opinions and suggestions of the Board in the places most convenient to all who, using the book, desire to have at sight any opinion or suggestion that the Local Goveriament Board may have given or made upon any particular point. The book has been got out under pressure of time. Great care, nevertheless, has been taken to have its contents as correct as possible.; the first three lines of note (3) on page 45, liowever, should be read with the more correctly worded state- ment on page 8 of the Introduction. I here desire to express my thanks to Mr. H. W. Fordham, Superintendent of the " London Unemployed Fund Central Labour Exchange " for the labour exchange rules and forms given in the book ; also to Mr. A. H. Lionel Leach, of Gray's Inn, and to ]\Ir. R. Webber Leach, of Gray's Inn, for the assistance they have been to me in the preparation of the work. October, 1905. R.A.L. TABLE OF CONTENTS. PAGE. Preface Introduction ... Full text of "The Unemployed Workmen Act, 1905" with Notes Full text of " The Organisation (Unemployed Workmen) Establishment Order, 1905 " with Notes — London Order ... Full text of " The Urban Distress Committees (Unem- ployed Workmen) Establishment Order, 1905 " with Notes — Outside London Order Full text of " The Regulations (Organisation for Unem- ployed) 1905 " with Notes Enactments Incorporated in the Regulations Labour Exchanges and their Co-ordination Labour Bureaux (London) Act, 1902 Employment Exchanges and their Co-ordination Model Rales and Forms The Out-Door Relief Orders General Index 17 39 70 88 137 156 158 161 170 185 Abbkeviations in Notes. L.G.B.C.L." Local Government Board Circular Lettei'. INTRODUCTION. " The Unemployed Workmen Act, 1905," is, undoubtedly, the outcome of a widespread demand that some statutory provision should be made, apart from the poor law, for the distressed unemployed. The demand has grown in intensity during recent years, and after the inauguration of the voluntary organisation of the scheme known as the " London Unemployed Fund " — a scheme which had its origin in proposals laid before a Conference of Metropolitan Guardians by the Right Hon. W. H. Long, M.P., then President of the Local Government Board, on October 14th, 1904 — it was, very naturally, expected that the speech from the Throne at the opening of the 1905 Session of Parliament would disclose the Government's intention to introduce legislation for the establishment, not only in London but also in the provinces, of organisation for the aid of the unemployed in proper cases. The expectation was not unjustified. The King's speech contained the following gracious words : — " Legislation will be submitted to you for the establish- " ment of authorities to deal with the question of the unemployed. " 1 have noticed, with profound regret and sympathy, the ab- " normal distress which has been caused by the want of 8 Introdiirtion. " employment during the pi'esent winter. Arrangements of a " temporary character have been made to meet the difficulty, " but it is expedient now to provide machinery for this purpose " of a more permanent character." Accordingly, on the 18th April, the President of the Local Government Board (Mr. Gerald Balfour, M.P.) introduced the promised Measure in the House of Commons. Differences Between Original Bill and Act, The Act in several important respects is very different from the Bill originally introduced. The provisions of the Bill for the constitution of Distress Committees and Central Bodies differed from the present Act in that : — (1) The power to co-opt additional members was optional, and thus, if this had been so left by the Act, the Distress Com- mittees might have been constituted entirely of members of the Borough Councils and Board of Guardians, and Central Bodies of members of such Committees ; (2) co-opted members were not necessarily to be chosen from persons " experienced in the relief of distress " ; (3) no power was given to the Local Government Board to appoint other additional members to Central Bodies ; (4) the Distress Committees outside London, with power and duties of Central Bodies [Act, Section 2 (1)] were only to be Introduction. 9 established in County Boroughs, and the establishment might be postponed in any such Borough on representation made by the Borough Council to the Local Government Board. It was pro- posed in respect of provincial administrative county areas that organisation on London lines (i.e., Distress Committees and Central Bodies) should be established on application to the Local Government Board, but there was no proposal in the Bill for the Board to have power to establish, without request, in any such area, on deeming it expedient, any such organisation. By a reference to sections 1 (1) and 2 of the Act it will be at once seen how very different the provisions of the Act for the establishment of organisation are to the provisions of the original Bill. They are alike in respect of the Special Com- mittees re Labour Exchanges. The original Bill applied only to England and Wales ; the Act not only applies to England and Wales but also to Scotland [Section 5] and Ireland [Section 6]. The original Bill contained no time limit. The duration of the Act is limited to three years from its date (11th August, 1905) unless Parliament otherwise determine [Section 8]. Two proposals in the original Bill which gave rise to con- siderable discussion in the House of Commons do not appear in the Act. They were (1) a provision "that the total Aveekly 10 Introduction. remuneration given for any temporary work so provided " (i.e,, under the Act) should be " less than that which would under ordinary circumstances be earned by an unskilled labourer for a full week's work, and, except with the consent of the Local Government Board, temporary work " should not " be so pro- vided for the same person in more than two successive years " ; and (2) " For the purposes of this Section work " was to be deemed to be provided by a Body established under this Act (although the workman was not actually employed by that Body), if that Body had " arranged for the employment of the workman and contributed towards the payment given in respect of that employment." Although these two clauses of the original Bill are not in the Act, it will be found on reference to the Local Government Board's " Regulations (Organisation for Unemployed) 1905" [Articles Y. and II. (1) (iv.) {d)] that the Local Government Board under their delegated legislative authority [Section 4 (3) (a)] have actually or in effect imposed them. The proposal in the original Bill to allow expenses of providing temporary work at Farm C^olonies out of contributions from Councils is not in the Act, the application of such contri- butions being restricted by Section 1 (6) in such a way as permits of no wages being paid out of such contributions for unemployed provided with work under the Act. Introduction. 11 In some respects the Act is less generous than the original Bill, in others more generous. The provisions of the Act and the original Bill are identical in respect of the class of unem- ployed who may be assisted, but the Act makes larger provisions in respect of the character of assistance that may be given. The Bill made provision for aiding the migration or emigration of an unemployed workman but not for any of his dependants. The Act does both [Section 1 (5)]. The original Bill made no provision for the temporary accommodation for persons for vphom work upon the land is provided. The Act does [Section 4 (3) (&)]. Owing, however, to the restrictions made by Section I (6) the contributions from Councils cannot be used to provide such accommodation. On this, however, see Note (1) pp. 118-119. The Act the outcome op Coxcessions. It would scarcely be expected that any measure intro- duced to Parliament, for affording, at the expense of the Rates, provision, apart from the Poor Law, for the distressed unem- ployed, would become law with the ready accord of all our legislators. Although the origin of the Bill was to be found in the origin of the " London Unemployed Fund " mentioned above^ it soon became evident that tlie measure was objectionable to legis- lators wlio, though equal in sympatliy with the deserving unem- ployed, were politically as wide apart as possible. On the one- hand the measure was far too meagre to satisfy Labour Members;. V2 Introduction. •on the other hand it was looked upon bj a large number of Ministerialists as being of an exceedingly mischievous nature. Indeed, it would be hard to find any government measure that was so contrary to the voiced views of Ministerialists as this measure was. ^Notwithstanding the statement of the President of the Local Government Board, on the second reading of the Bill in the House of Commons [June 20th], that in the opinion of the Government it was not wise at the stage we had reached to have recourse to a single non possumus, or to interpose a mere dam or barrier in the way of public opinion instead of endeavouring to guide it into channels which should lead to the least harm, and be most likely to be fruitful of good [Parliamentary Debates], it is very questionable if the measure would have been passed in any shape but for two things, viz. : — (I) The amended proposals of the Government on the Bill reaching the Committee stage in the House of Commons [August 4th] ; and (2) The Government's promise announced by the Prime Minister in that House [August 2nd] of the appointment of a Royal Commission to (1) survey ■everything which appertained to dealing with the problem of the I3oor, whether poor by their own fault or by temporary lack of employment, and (2) to investigate what means could be taken to deal with problems which thus arose, whether by employment by municipalities or in any other wav. It was thought that such a commission would be able to complete their labours within three years, and therefore that the duration of the proposed Unemployment Act might be limited to such a period. To these .concessions the passage of the measure may be credited. Introduction. 13 The Labour Act, 1832. It is of interest to note that, on the appointment of the Royal Commission on Poor Laws in 1832, a temporary " Labour Act " (2 and 3 Will. IV., c. 96) was passed. The Act was " For the better employment of labourers in agricultural parishes until the 25th March, 1834." In its opening recital it was stated that, notwithstanding the many laws in force for the relief and employment of the poor, many able-bodied labourers were frequently entirely destitute of work or unprofitably employed, and in many instances received insufficient allowance for their support from the Poor Rates ; also that the mode of pi'oviding employment for the poor, which might be expedient in some parishes, might be inexpedient in others, and that it might therefore be desirable to extend the powers of parish vestries, in order that such a course might be pursued as best adapted to the peculiar circumstances of each. The limit of its duration to two years was because it was thought that in two years the country would be in possession of the Report of the Royal Commission, This seems an all sufficient precedent for limiting the duration of the present Act to three years, in which time the new Royal Commission should be able to finally report. The Present Act not intended to solve the Problem OF the Unemployed. The present Act is not intended to solve the unemployed problem. The President of the Local Government Board (Mr, Gerald Balfour, M.P,) in moving the second reading of the Bill, said that : — " The present Bill did not pretend to deal with the whole " of the vast and complicated problem known as the unem- 14 Introduction. " ployed question, it did not attempt to do more than deal with ^' a part, not altogether an unimportant part, but only a part of ^' that problem, and any attempt to extend its principle to the " whole field of unemployment would be foredoomed to disastrous " failure. Anybody reading the text of the Bill with attention " would see that the object throughout was to assist only a *' limited class of the unemployed, and even as regarded appli- " cants of that class it was not intended that there should be any " kind of obligation to find work for them, as was thrown on ^' Guardians to provide relief in cases of destitution. The limited " class of the unemployed was defined in Sub-clause 3 of " Clause 1 of the Bill as — ' Honestly desirous of obtaining work, " but temporarily unable to do so from exceptional causes over " which the applicant has no control.' " And the limitation was extended to cases which, in the " opinion of the local body to whom application is made, are " — ' Capable of more suitable treatment under this Act than " under the poor law.' He wanted the House to understand the "full significence of the definition — the desire was to exclude " loafers, work-shyers, intermittent workers whose case was not " exceptional, and any workman out of work from fault of his " own. The exact interpretation of the words — ' Capable of " more suitable treatment than under the poor law ' — would, " of course, depend on the general provisions of the Bill and the " Regulations to be made by the Local Government Board under " Clause 4, and such Regulations would include rules which " would exclude distress not due to lack of employment, chronic ^' distress, applicants of bad character, applicants not complying " with conditions of residence, preference being given to work- " men with established homes and with wives and families " [Parliamentary Debates]. Infroduciion. 13 An examination of the Local Government Board's Regula- tions made under the Act, show that apart from the benefits that may be afforded by Labour Exchanges, only the better or best class of the distressed unemployed will receive any benefit from the present Act. Besides, if the new Bodies constituted for dealing with the better or best class of unemployed act on the suggestion of the Local Government Board, the benefits will be only obtainable in periods of exceptional distress. The Advantages Afforded by the Act. Notwithstanding the limitations made by the Act and the Regulations, the measure is far from being the sham that some have termed it. Even if voluntary subscriptions are not [see Section I (6) of the Act], as many fear, sufficient to enable the new Bodies, organised to administer the provisions of the Act, to enter upon any large Undertakings, such as Farm Colonies, or the reclamation of waste land, or the making or improvement of highways, yet the Organisation estab- lished should prove exceedingly useful to the Councils in large Urban Areas. Because of the restriction on amount and appli- cation of the contributions from Rates [Section 1 (6)], these Bodies are, as winters come, certain to be pressed to enter them- selves on Undertakings as many have done in winters for years past for the benefit of the unemployed. The present Act may not stop them from doing so again. If, therefore, any such works for the reason given are entered upon, it will be found a great advantage to have at hand an organisation which should prove useful in weeding out the unemployable and the undeserving from the employable deserving. Again the provision in the Act and Regu- 16 Introduction. lations under which Labour Exchanges may be established — if properly worked and the same Bodies co-operate, as they may-— throughout the whole country is a substantial advantage when taken with the provision for aiding, out of Rate contributions, migration from districts where there is a superabundance of workers to districts where there is a scarcity. Organised trades practically have their own labour registers, but unorganised workers have not. The emigration pi'ovisions are not, by reason of the restrictions on the contributions from rates, as liberal as the poor law emigration provisions, but the provision for aiding mio'ration is one that meets a shortag'e in the Poor Law Acts. Finally, the best class of distressed unemployed man or woman — for the provisions include women as well as men — can have such aid as the Act, with the Regulations, provides, without the drawback of that loss of civil rights [Section 1 (7)] which non-medical poor law relief involve. This last-named advantage seems to be in accord with the public conscience. FULL TEXT OF THE UNEMPLOYED WORKMEN ACT, 1905. [5 Edw. 7. Ch. 18.] ARRA]S"GEMENT OF SECTIONS. Section. 1. Oi'g'anisation for London. 2. Oi-ganisation outside London. 3. Temporary provision pending establishment of proper organisation. 4. Local Goveniment Board orders and regulations. 5. Application to Scotland. 6. Application to Ireland. 7. Short title. 8. Duration of Act. B 18 [5 Edw. 7.] Unemployed Workmen Act, 1905. [Ch. IS.] CHAPTER XVIII. An Act to establish organisation with a view to the provision of Employment or Assistance for Unem- ployed Workmen in proper cases. [11th August, 1905,] "DE it enacted by the King's most Excellent Majesty, "^ by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this pi'esent Parliament assembled, and by the authority of the same, as follows : — 1. (1) For the purposes of this Act there shall be established, by order of the Local Government Board under this Act, a distress committee of the council of every metropolitan borough in London, consisting partly of members of the borough "council and partly of members of the board of guardians of every poor law union wholly or partly within the borough and of persons experienced in the relief of distress, and a central body for the whole of the administrative county of London, consisting partly of members of, and selected by, the distress committees and of members of, and selected by, the London County Council, and partly of persons co-opted to be additional members of the body, and partly, if the order so provides, of persons nomi- nated by the Local Government Board, but the number of the persons so co-opted and nominated shall not [5Ed\v. 7.] Unemployed Work77icn Act, 1905. [Ch. 18.] 19 Sect. 1. exceed one-fourth of the total number of the body, and every such order shall provide that one member at least of the committee or body established by the oi-der shall be a woman. Note.— S. 1 (1) For the Order of the Local Government Board establishing Distress Committees and Central Body in London, see "The Or^'anisation (Unemployed Workmen) Establishment Order, 1905." (2) The disti'css committee shall make themselves acquainted with the conditions of labour within their area, and when so required by the central body shall receive, inquire into, and discriminate between any applications made to them from persons unemployed : Provided that a distress committee shall not enter- tain an application from any person unless they are satisfied that he has resided in London for such period, not beinf^ less than twelve months, immediately before the application, as the central body fix as a residential qualification. (3) If the distress committee are satisfied that any such applicant is honestly desirous of obtaining work, but is temporarily unable to do so from exceptional causes over which he has no control, and consider that his case is capable of more suitable treatment under this Act than under the poor law, they may endeavour to obtain work for the applicant, or, if they think the case is one for treatment by the central body rather than by themselves, refer the case to the central body, but the distress committee shall have no power to 20 [5 Edw. 7.] Unemployed Workmen Act, \Q{)5. [Ch. 18.] Sect. 1. provide, or contribute towards the provision of, work for any unemployed person. Note.— S. 1 (2) and (3) For duties of the Distress Com- mittee and the conditions affecting applications to the Committee, and cases referred to Central Body, see Section 4 (3) (rt) and Article II. of "The Kegulations (Organisation for Unemployed), 1905." (4) The central body shall superintend and, as far as possible, co-ordinate the action of the distress com- mittees, and aid the efforts of those committees by establishing, taking over, or assisting labour exchanges and employment registers, and by the collection of information and otherwise as they think fit. NOTK — S. 1 (4). See Section 4 (3) {a) and Article XIX. of "The Kegulations (Organisation for Unemployed), 1905." (5) The central body may, if they think fit, in any case of an unemployed person referred to them by a distress committee, assist that person by aiding the emigration or removal to another area of that person and any of his dependants, or by providing, or con- tributing towards the provision of, temporary work in such manner as they think best calculated to put him in a position to obtain regular work or other means of supporting himself. MOTK. — S. 1 (5). See Section 4 (3) {n) for the conditions under which emigration may be aided see Article III. of " The Kegulations (Organisation for Unemploj^ed), 1905." On the conditions under Avhich removal to another area lAay be aided see Article IV. of said Kegulations. For the conditions under which assistance in the form of Temporary Work may be given see Article V. of the said Kegulations. [oEdw. 7.] Unemployed Workmen Act, \Q0o. [Ch. 18.] 21 Sect. 1. (6) Any expenses of the central body under this Act, and such of the expenses of the distress committees under this Act as are incurred with the consent of the central body, shall be defrayed out of a centi'al fund under the management of the central body, which shall be supplied by voluntary contributions given for the purpose, and by contributions made on the demand of the central body by the council of each metropolitan Taorough in proportion to the rateable value of the Lorough and paid as part of the expenses of the council : Provided that — (a) A separate account shall be kept of all sums supplied by contributions made by the councils of the metropolitan boroughs, and no expenses except — (i.) establishment charges of the central body and the distress committees, including the expenses incurred by them in respect of labour exchanges and employment registers and in the collection of infor- mation ; and (ii.) the expenses incuri'ed by the central body in aiding the emigration or removal to another area of an unemployed person and any of his dependants ; and (iii.) the expenses incurred by the central body in relation to the acquisition, with the consent of the Local Government Board, of land for the purposes of this Act; shall be paid out of tliat account. 22 [5Edw. 7.] Une7nployed Workmen Act, 1905. [Ch. 18.] Sect. 1. (6) No such contribution by a council shall in any year exceed the amount which would be produced by a rate of one halfpenny in the pound calculated on the whole rateable value of the borouf^h, or such higher rate, not exceeding one penny, as the Local Grovern- ment Board may approve. Note.— S. 1 (6). See Section 4 (3), (c), and Article XIV. o "The Kegulations (Organisation for Unemployed) 1905" as to acceptance of donations. See Section 4 (3), (5), (c), (h), and Articles VIII., IX., X., and XVHI. of the said Kegulations as to (1) establishment of Farm Colony ; (2) Temporary Accommodation for persons at work ; (3) Acquisition of Land ; and (4) Borrowing Powers, respectively. See Section 4 (3), (/t), and Article XVII. of the said Regulations as to Kate Contril)utions. See Section (4), (3), (/'"), and Article XV. of the said Regulations as to transfer of receipts of Farm Colony to Voluntary Contribution Account. See Section 4 (3), (ff), and Article XVI. of the said Regulations as to how Accounts are to be made up and audited. In the London Government Act, 1899 (62 and 63 Vic, c. 14 s. 34) the expression "Rateable Value" includes the value "of Government Property upon which a contribution in lieu of Kates is paid." (7) The provision of temporary work or other assistance for any person under this Act shall not disentitle him to be registered or to vote as a parlia- mentary, county, or parochial elector, or as a burgess. Note. — S. 1 (7) There are a number of precedents for the preserving of the franchise to persons assisted under the Act. Amongst such it may be mentioned that under "The Elementary Education Act, 1S76 (39 and 40 Vict. c. 79), Section 10. Where a non-pauper parent by reason of poverty is unable to pay the ordinary school fees for his children, such fees may be paid by the Guardians of the Poor. The Section provides that "the parent shall not, by reason of any payment under this Section, be deprived of any franchise, right or privilege, or be subject [5 Edw. 7.] Unemjjloyed WorJcmen Act, 1905. [Ch. 18.] 23 Soct. 1. to any disal>ility or disqualification." A similar provision is contained in respect of cost of education, including maintenance of a l)lind and deaf child under the orovisions of "The Elemen- tary Education (Blind and Deaf Children) Act, 1893 (56 and 57 Vict^c.42),Sect. 10, and " The Elementary Education (Defective and Epileptic Children) Act, 1899," (62 and 63 Vict. c. 32), Sect.8 (2) " The Municipal Corporations Act, 1882(45 and 46 Vic. c. 50. Sect. 33 (4) enacts "a person shall not be disentitled to be enrolled as a burgess by reason only — («) that he has received medical or surgical assistance from the trustees of the municipal charities, or has been removed by order of a justice to a hospital, or place for reception of the sick, at the cost of any local authority ; or (6) that his child has been admitted to, and taught in any public or endowed school." See further " The Vaccination Act, 1867 " (30 and 31 Vic. c. 84) s. 26 ; " The Medical Relief Disqualification and Removal Act, 1885 " (48 and 49 Vic. c. 46) ; "The Public Health (in London) Act, 1891 " (54 and 55 Vic. c 76) s. SO (4) ; " The Isolation Hospitals Act, 1893" (56 and 57 Vic. c. 68) s. 23 ; "The Cleansing of the Persons Act, 1897 " (60 and 61 Vic. c. 31) s. 1. (8) This section shall apply to the City of London as if the City of London were a metropolitan borough, and the mayor, aldermen, and commons of the city of London in common council assembled were the council of the borough, and any contribution required for the purposes of this Act shall be paid out of the consolidated rate, but shall not be reckoned in calculating the amount of the rate for the purpose of any limit on that amount. (9) The Local Government Board may, upon the application of the council of any borough or district adjoining or near to London, by order, extend the provisions of this section to that borough or district as if the boi'ough or district were a metropolitan borough and were within the administrative county of London, and with such other modifications and adaptations as to the Board may appear necessary. 24 [5Ed\v. 7.] Unemployed Workmen Art, I'dO^. [Ch. 18.] 2. (1) There shall be established by order of the Local Government Board for each municipal borough and urban district with a population, according to the last census for the time being, of not less than fifty thousand, and not being a borough or district to which the provisions of section one of this Act have been extended, a distress committee of the council for the purposes of this Act, with a similar constitution to that of a distress committee in London, and the distress committee so established shall, as regards their borough or district, have the same duties and powers, so far as applicable, as are given by this Act to the distress committees and central body in London. This provision shall extend to any municipal borough or urban district with a population, according to the last census for the time being, of less than fifty thousand but not less than ten thousand, if the council of the borough or district make an application for the purpose to the Local Government Board, and the Board consent. (2) Subject as aforesaid, the Local Government Board may, on the application of any county or borough or district council, or board of guardians, or, if they think it expedient, without any such appli- cation, by order establish for the purposes of this Act in any county or part of a county a central body and distress committees with similar constitutions to those of the central body and distress committees in London, and the body and committees so established shall, subject to any exceptions made by the order, have the [5Edw. 7.] Unemployed Worlmen Act, 1905. [Ch. 18 ] 25 Sect. 2. same duties and powers as respects their area as are giveu by this Act to the central body and distress com- mittees respectively in London. For the purposes of this provision a county borough, with a population of less than fifty thousand shall be c. 4i deemed to be included in the county in which it is, for the purposes of the Local Government Act, 1888, ■deemed to be situated. Note. — S. 2 (2) In the sub-section it should be under- stood tliat (1) County Council means a Council of an Administrative County for which a County Council is elected in pursuance of the Local (iuverniuent Act, 18SS (51 and 52 Vic c. 41), S-s. 1 and 101). (2) Borou^'h Council means any place for the time being subject to the jSIuuicipal Corporations Act, 1882 (Interpretation Act, 1889 — 52 and 53 Vic. c. 63, S. 15 (1) (4) (o) District Council means a Council of any Urban or Ilural District elected in pursuance of the Local Government Act, 1894 (56 and 57 Vic. c. 78), S-s. 23 and 24; and (4) Board of (iuardians means a Board of Guardians elected under the Poor Law Amendment Act, 1834 (4 and 5 Will. IV., c. 76), and the Acts amending the same, and includes a Board of Guardians or other Body of Persons performing under any Local Act the like functions to a Board of Guardians under the Poor Law Amendment Act, 1834 (Inter^u-etation Act, 1889 — 52 and 53 Vic. c. 63, S. 16 (1). The power given in the Section to the Local Government Board to establisb Distress Connuittees in any area to which the Sub-Section apjilies was strongly objected to during the Committee stage in lioth House of Commons and House of Lords on the grouuids that the Local Authorities knew the needs of their respective districts intinitcly better tli.an could be known by the I^ocal Government Board, and that to give the Local Government Board such jiower was inconsistent with the rights of Local (TO\erniiig Boilies. In answer to such objection the President of the Local Government Board (Mr. (ierald Balfour, M.P. ), said that it bad liecn represented to him tliat the Unemjiloyed in County Districts where the organisation was not in operation might tlock into Industrial Districts where it was in oi)eration. He did not think it was a, veiy serious risk, but he was sure the lioard would not use this power unless there were very real reasons for so doing. It 51 & 52 Vic 26 [5Edw. 7.] Unemployed Workmen Act, 1905. [Ch. 18.} Sect. 2. would be very difficult to force Local Authorities in opposition to their views (Parliamentary Debates). The foUowinfjc are County Boroughs with populations of less than oU,000 :— Bath, Canterbury, Chester, Dudley, Exeter, Glouce.ster, Lincoln, Oxford, Worcester. (3) Where a central body and distress committees have not been established under this Act for the whole of a county, the council of that county, and, where a distress committee has not been established under this Act for a county borough, the council of that county borough, shall constitute a special committee under this Act, consisting of members of the council, with power to co-opt any persons to be additional members of the committee ; but the number of persons so co-opted shall not exceed one-fourth of the total number of the committee. It shall be the duty of the council, in such a case, through the special committee, to collect information with respect to the conditions of labour within their area by establishing, taking over, or assisting labour exchanges and employment registers, and in such other manner as they think fit, and to su])ply any such information when required. Any expenses incurred by a council under this provision shall be paid in the case of a county council out of the county fund as expenses for special or general county purposes, as the circumstances may require, and in the case of a borough council out of the boi'ough fund or borough rate. [5Edw. 7.] Unemployed Woi-kmen Act, 1905. [Ch. 18.] 27 Sect. 2. Note. — S. 2. (3) The Local Government Board state : — At present a Central Body and Distress Committees have not been estaljlished for the whole of any county except London, nor has a Distress Committee been established for any County Borough with a population according to the last census of less than 50,000. Consequently under Section 2 (3) of the Act it will be incumbent on every County Council except the London County Council, and on the Council of every County Borough with a population according to the last census of less than 50,000, to constitute a Special Committee under the Act consisting of meml)ers of the Council with power to co-opt any persons to be additional members of the Committee The number of persons so co-opted, however, must not exceed one-fourth of the total number of the Committee. The Council should proceed to appoint a Special Committee in pursuance of the requirements of the Sub-Section" (L.Cr.B.C.L. 10th October, 1905). It wiil be noticed that as regards Distress Committees for County Borouglis that Section 2 (1) requires Distress Com- mittees to be established in such Boroughs witli a population of not less than 50,000. "The Urban Distress Committees (Unemployed Workmen) Order, 1905" — Provincial Order — makes provision accordingly, and therefore the expression "County Borough" in Sub-Section 3 should be taken to apply to County Boroughs with a population less than, 50,000. As to duties of Special Committee re Labour Exchanges, •Src. see "The Regulations (Organisation for Unemployed) 1905 " Article XIX. Sub-Section (3) does not define the area for which a Special Committee are to act in the areas of an Administrative County, but it is submitted that the intention is that the County Council or County Borough shall appoint a Committee for such districts or district in their respective areas in which no organisation is established under Sub-Section 1 or Sub-Section 2 of Section 2. On the question of expenses the Local Government Board state : — "Any expenses incurred by the Council under the Act must be paid in the case of a County Council out of the County as expenses for special or general county purposes as the circumstances may require, and in the case of a Borough Council out of the borough fund or borough rate. If the whole County is within the area of the Special Committee, the expenses of the County Council should be regarded as general expenses. If, however, only part of the County is within tins area, it appears to the Board that the expenses of the Council should be treated as special expenses in that area." L.G.B.C.L., 10th October, 1905. 2S [5 Edw. 7.] Unemployed WorJcmcn Act, 1905. [Ch. 18.] Sect. 2. (4) Where any order is made under this section as respects any area, the provisions of this Act relating to London shall apply with respect to that area, with such necessary modifications and adaptations as may be made by the order. Section 2 (4) see "The Kegulations (Organisation for Unemployed) 1905," Article XXI. 3. Where at any time a central body and distress commiteees or a distress committee are about to be established for any area under this Act, any body already established in that area, whether before or after the passing- of this Act, for the purpose of dealing with the unemployed, and any special committee under this Act, may, if the Local Government Board think fit, be temporarily constituted by order of that Board a central body or a distress committee, as the case may be, until the establishment in accordance with this Act of a central body and distress committees or of a distress committee for that area. Note. — S. 3. A Body estabUshed for dealing with the Un- employed, but not established under Section 1 (1). or Section 2 (1) (2) of the Act, or a Special Committtee constituted under Section 2 (3), would not, pending the establishment of organisation under the Section 1 (1) or Section 2 (1) (2) have any status as a "Central Body" or "Distress Committee" under the Act unless constituted as such by a Special Order issued by the Local Government Board, under tlie provisions in Section 3. See Sect. 4 re Transfer of Liabil- ities, &.C. 4. (1) An order of the Local Government Board u.uder this Act establishing a central body or distress committee may provide for the constitution and pro- ceedings of that body or committee, and, in the case of an order establishing a central body, for the incorpor- [5 Enw. 7.] Unemjiloyed Workmen Act, 1905. [Ch. 18.] 29 Sect. 4 ation of that body by an appropriate name, and, whei'e any property or liabilities are taken over from any other body, for effecting by virtue of the order the transfer of that property or those liabilities, and also for any mattei- for Avhich ])rovision may be made by regulations under this Act, and for which it appears desirable to make special provision effecting only the body or committee established by the order. Note. — S. 4 (1) empowers the Local fTOvevnment Board, in an Order establishing a Central Body or Distress Committee, to make provision, "where any proyjerty or lialjilities are bfiken over from any other body, for effecting by virtue of the Order the transfer of the pro|)erty or those liabilities." No such pro- vision is made in either "The Organisation (Unemployed Workmen) Establishment Order, 1905" — London Order, — or " The Urban Distress Committees (Unemployed Workmen) Order, 1905" — Provincial Order. Article VL (1) of "The Organisation (Unemployed Workmen) Order 1905" provides, that the Central Body in London shall be a Body Corporate ])y the name of Central Employment Body for London, and invest such Central Body with the rights and lialiility of a Corporate Body. Such a provisidn is not made in the " Urban Distress Com- mittees (Unemployed Workmen) Order 1905" issued to pro- vincial Boroughs and Urban Districts of not less than 50,000. Provision, however, is made in " The Regulations (Organisation for Unemployed) 1905" for a Distress Committee, established under Section 2 of the Act, to purchase by agreement or take on lease land for tlie purposes of the Act on consent of the Local Government Board. See Articles X., and XXL of the said Kegulations. (2) An order of the Local Government Boai-d under this Act may be varied and revoked by any subsequent order of the Board made under this Act. (3) The Local Government I3oard may make regu- lations for cariying into effect this Act, and may by those regulations, amongst other things, provide — 30 [5 Edw. 7.] Unemjdoyed Workmen Act, I'dOb. [Ch. 18.] Sect. 4. (a) for reg-ulating, subject to the provisions of this Act, the couditions under which any application may be entertained by a distress committee under this Act, and the conditions under which a central body may aid emigration or removal, or provide or contribute towards the provision of work under this Act, and otherwise for regulating the manner in which any duties under this Act are to be performed or powers exercised by any central body or distress committee or special committee under this Act ; and Note. — S. 4 (3), («) See " Regulations (Organisation for Unemployed) 1905." Articles II., fll., IV., and V, (h) for authorising the establishment, with the consent of the Local Government Board, of farm colonies by a central body established under this Act, and the provision, with the like consent, by such a body of temporary accommodation for persons for whom work upon the land is provided ; and Note. — S. 4(3), {b) See " Regulations (Organisation for Unemployed) 1905." Articles VIII., and IX. (c) for authoinsing and regulating the acquisition by a central body of land by agreement for the purposes of this Act, and the disposal of any land so acquired ; and Note. — S. 4 (3), (c) See "Regulations (Organisation for Unemploj'ed) 1905." Articles X., and XXI. (^d) for the employment of oiJicers and provision of offices, and for enabling any inspector of L5EDW. 7.] Unemployed Workmen Act, im5. [Ch. 18.] 31 Sect. 4. the Local Government Board to attend the meetiiio: of any body or committee established under this Act ; and Note. — S. 4 (3), {d) See " Kej^ulations (Organisation for [ Unemployed) 1905." Articles XL, XII. and XIII. (e) for anthorisino- the acceptance of any money or property by a central body established tinder this Act, and for re.s^ulating the administration of any money or property so acquired ; and Note. — S. 4 (3), (e) See " Regulations (Organisation for Unemployed) 1905." Article XIV. (/) for the payment of any receipts of a central body to the central fund, and for the appor- tionment, if necessary, of those receipts between the voluntary contribution account and the rate contribution account of that fund ; and Note. — S. 4 (3), (/") See "Regulations (Organisation for Unemployed) 1905." Article XV. (g) for the audit of the accounts of any central body established under this Act in the same manner and subject to the same provisions as to any matters incidental to the audit or consequential thereon as the accounts of a county council; and Note. — S, 4 (3) (g) See "Regulations (Organisation for Unemployed) 1905." Article XVI. (Ji) for enforcing' the payment of contributions by any councils liable to make such contributions in pursuance of this Act, and for authorising 32 [5Edw. 7.] Unemployed Workmen Act, ld05. [Ch. IS.] Sect. 4. and regulating the borrowing of money by a central body established under this Act; and Note. — S. 4 (3), (A) See " Regulations (Organisation for Unemployed) 1905." Articles XVII. and XVIII. {{) for facilitating the co-operation of any body or committee having powers under this Act for any area with any other body or com- mittee, or with any local authority, and the provision of assistance by one such body or committee to another ; and Note. — S. 4 (3), (i) See "Regulations (Organisation for Unemployed) 1905." Article XX. (A-) for applying, with the necessary adaptations, to a di.'^tress committee having the powers of a central body regulations relating to a central body ; and Note. — S. 4 (3), (/.•) See "Regulations (Organisation for Unemployed) 1905." Article XXI. (Z) for the holding of local inquiries by the Local Government Board for the purposes of this Act, and for requiring returns to be made to the Board by any body or committee having' powers under this Act; and Note. — S. 4 (3), (Z) See "Regulations (Organisation for Unemployed) 1905." Article XXII. (m) for the application for the purposes of this Act, as respects auy matters to be dealt with by the i-egulations, of any provision in any Act of Parliament dealing Avith the like matters, with any necessary modifications or adaptations. Note. — S. 4 (3), (m) See " Regnlations (Organisation for Unemployed) 1905." Articles X., XVI.,XVII.,XVIII.&XXIL [5Edw. 7.] Unemjiloyed Workmen Act, 1905. [Ch. 18.] 33 Sect. 4. All regulations made under this Act shall he laid as soon as may be before Parliament. 5. In the apj^Hcation of this Act to Scotland — (1) " The Local Government Board for Scotland " shall be substituted for " the Local Govern- ment Board " : Note. — The Order.s and Regulations of tlie Local Government Board, included in this book, only applying to England and Wales, it has not been tliouglit necessary to annotate anything relating to Scotland or Ireland. (2) " Royal, parliamentary, or police burgh " shall be substituted for " municipal borough and urban district " and for " borough or district " : (3) " Parish " shall be substituted for " poor law union," "parish council" shall be substituted for " board of guardians," and "town council" shall be substituted for " council of the borough or district " and for " borough or district council " : (4) " Royal, parliamentary, or police burgh with " a population, according to the last census " for the time being, of less than fifty "thousand, but not less than twenty "thousand," shall be substituted for "county " borough " : (5) Rcfci-ences to special county purposes shall not apply : 34 [5 Edw. 7.] Unemployed Workinen Act, 1905. [Ch. 18.] Sect. 5. (6) "Burgh general improvement assessment" or any other assessment leviable in equal proportions on owners and occupiers shall be substituted for " borough fund or borough rate " : Provided that any rate under this Act shall not be reckoned in calculating the amount of such assessment for the purpose of any statutory limit on such assessment : (7) "Inspector" shall include general superin- tendent and visiting" officer : .-,7 & 58 Vict. (8) Sections foi"ty-seven, fifty-two, and fifty-thi'ee c. 58. of the Local Government (Scotland) Act, 1894, shall be substituted for sections eighty- five, eighty-six, and eighty-eight of the Local 56 & 57 Vict. 0.73. Government Act, 1894 (9) " Municipal elector " shall be substituted for " buro-ess " (10) Subsection three of section two of this Act shall not apply to any county or to any bui-gh except with the consent of the Local Government Board for Scotland expressed by order made on the application of the county council or town council, as tlie case may be. [5 Enw. 7.] Unemploiied Workmen Act, 1905. [Ch. 18.] 35 6. In the application of this Act to Ireland — • (1) "The Local Government Board for Ireland " shall be substituted for " the Local Govern- ment Board " : See note to Section 5. (2) As respects population " ten thousand " shall be substituted for " fifty thousand," and " five thousand," for " ten thousand " : (3) The provisions of this Act relating to the inclusion of a county borough in a county shall not apply : (4) Subsection three of section two of this Act shall not apply to any county in Ireland, except by order of the Local Government Board for Ireland made on the application of the council of that county : (5) Articles forty, forty-three, and forty-five of the schedule to the Local Government (Application of Enactments) Order, 1898, shall be substituted for sections eighty-five, eighty-six, and eighty-eight respectively of 56&n7Vict. the Local Government Act, 1894. 7. This Act may be cited as the Unemployed Short title. Workmen Act, 1905. 56 & 57 Vict. c. 73. 36 [oEdw. 7.] Unemployed Worlanen Act, \90b. [Ch. 18.] Duration of 8. This Act shall contintie in force for three years from the date of the passing thereof, and no longer, unless Parliament otherwise determine, and at the expiration of that period, unless this Act is so continued as aforesaid, the Local Government Board shall make such orders as they think necessary for dissolving the central bodies and distress commmittees established under this Act, and transferring their property and liabilities ; and for the purposes of such transfer sections eighty-five, eighty-six, and eighty-eight of the Local Government Act, 1894 (which relate to current rates, existing securities and debts, and pending contracts, &c.), shall apply, with such modifications and adaptations as may be made by order of the Local Government Board. Note. — The date of the Act was the 11th August, 1905, the period of the three years, therefore, commenced to run from that date. The Sections of the Local Goveniment Act, 1894, men- tioned in this Section of the Act, are as follows : — Local Government Act, 1894, 56 and 57 Vict., cap. 73. Section 85 (1) Every rate and precept for contributions made before the appointed day may be assessed, levied, and collected, and proceedings for the enforcement thereof taken, in like jnanner as nearly as may be as if this Act had not passed. (2) The accoiints of all receipts and expenditure before the appointed day shall be audited, and disallowances, sur- charges, and penalties recovered and enforced, and other consequential proceedings had, in like manner as nearly as may be as if this Act had not passed, but as soon as practicalile after the appointed day ; and every authoi'ity, connaittee, or othcer whose duty it is to make up any accounts, or to account for any portion of tlie receipts or expenditure in any account shall, until the audit is completed, lie deemed for the purpose of such audit to continue in oiHce, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the aj^pointed day. [5 Edw. 7.] Unent/dvi/cd Workmen Act, 1905. [Ch. 18.] 37 Sect. 8. — Note — (3) All proceedings, legal and other, coiniuenced before the appointed day may 1)6 carried on in like manner, as nearly as may be as if this Act had not passed, and any such legal proceeding may l)e amended in such manner as may appear necessary or proper in order to bring it into conformity with the provisions of this Act. (4) Every valuation list made for a parish divided by this Act shall continue in force until a new valuation list is made. (5) The change of name of an Urban Sanitary Authority shall not effect their identity as a corporate body or deviate from their powers, and any enactment in any Act, whether public, general, or local and personal, referring to the members of such authority shall, unless inconsistant with this Act, continue to refer to the members of such authority under its new name. Section 86 (1) Nothing in this Act shall ])re judicially affect any securities granted before the passing of this Act on the credit of any rate or property transferred to a Council or Parish Meeting by this Act, and all such securities as well as all unsecured deljts, lialnlities, and obligations incurred by any Authority in the exercise of any powers ; or in relation to any property transferred from them to a Council or Parish Meeting, shall be discharged, i)aid, and satisfied by that Council or Parish Meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power ■which would have existed but for this Act, that rate may con- tinue to be levied and that power to be exercised either by the authority who otherwise would have levied or exercised the same, or by the transferee as the case may require. (2) It shall be the duty of every authority whose powers, duties, and lial)ilities are transferred l)y this Act to liquidate, so far as practicable before the appointed day, all current debts and liabilities incurred by such authority. Section 8S (1) If at the time when any powei-s, duties, liabilities, debts, or property are by this Act transferred to a Council or parish meeting, any action or proceeding, or any cause of action or proceeding is pending or existing by or against any authority in relation thereto the sanu^ siiall not be in anywise prejudicially affected by the ])assing of this Act, but may be continued, ])rosecuted, and enforced by or against the council or parish meeting as successors of the said authority in like manner as if this Act had not been passed. 407509 38 [5 Edw. 7.] Uiiemjloyed Worhnen Act, 1905. [Cn. IS.] Sect. 8. — Note — (2) All contracts, deeds, bonds, agreements, and other instruments subsisting at the time of the transfer in this section mentioned, and effecting any of such powers, duties, liabilities, debts, or property, shall be of as full force and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as if, instead of the authority, the council or parish meeting had been a party thereto. "THE ORGANISATION (UNEMPLOYED WORKMEN) ESTABLISHMENT ORDER, 1905." [Order for London]. ^0 tl)e c£on^o^ ^ountg Council:— To the Mayor, Aldermen, and Commons of the City of London in Common Council assem- bled ; To the Councils of the several Metropolitan Boroughs ; To the Boards of Guardians of the several Poor Law Unions in the Administrative County of London ; To the several Distress Committees and to the Central Body to be established in pursuance of the Unemployed Workmen Act, 1905, for the said Administrative County ; And to all others whom it may concern. WHEREAS by sub-sections (1) and (8) of Section 1 of the Unemployed Workmen Act, 1905, it is enacted that :— "1. (1) For the purposes of this Act there "shall be established, by Order of the Local " Government Board under tliis Act, a distress 40 TJie OrgMiiscdion EstabUshnient \^London'] Order. " committee of the council of every metropolitan " borough in London, consisting partly of members " of the borough council and partly of members " of the board of guardians of every poor law " union Avholly or partly within the borough "and of persons experienced in the relief of " distress, and a central body for the whole of the '■ administrative county of London, consisting " partly of members of and selected by the distress " committees and of members of and selected by " the London County Council, and partly of " persons co-opted to be additional members of " the body, and partly, if the Order so p)rovides, " of pei'sons nominated by the Local Goverment " Board, but the number of the persons so co-opted "and nominated shall not exceed one-fourth of " the total number of the body, and every such " order shall provide that one member at least of " the committee or body established by the order " shall be a woman. " (8) This section shall apply to the City of " London as if the City of London were a metro- " politan borough, and the mayor, aldermen, '• and commons of the City of Loudon in common " council assembled were the council of the " boi-ough, and any contribution required for the " purposes of this Act shall be ]:iaid out of the " consolidated rate, but shall not be reckoned in " calculating the amount of the rate for the " purjjose of any limit on that amount." The Orgcinisation Establishment \_London^ Order. 41 And whereas by sub-sections (1) and (2) of Section 4 of the Act it is enacted that : — '■?. (1) An order of the Local Government " Board under this Act establishing a central body " or distress committee may provide for the con- " stitution and proceedings of that body or " committee, and, in the case of an order estab- " lishing a central body, for the incorporation of " that body by an ajipropi-iate name, and, where " any property or liabilities are taken over from " any other body, for effecting by virtue of the "order the transfer of that property or those " liabilities, and also for any matter for which " pi'ovisiou may be made by regulations under " this Act, and for Avhich it appears desirable to " make special provision affecting" only the body "or committee established by the order. " (2) An order of the Local Government " Board under this Act may be varied and revoked " by any subsequent order of the Board made " under this Act." NOW THEREFORE, We, the Local Government Board, in the exei^cise of Our powers in that behalf, do hei'eby Order as follows, that is to say : — Article I. Li this Order unless the contrary interpre- tation, intention appears : — (a) vVords im])()rting the masculine gender include females; 42 The Organisation EsiablisJnnent \_London^ Order. Art. I. (h) Words in the singular include the plural, and words in the plural include the singular; (c) The expression " the Act " means the Unem- ployed Workmen Act, 1905 ; The expression "the Common Council," means the Mayor, Aldermen, and Commons of the- City of London in Common Council assem- bled ; and The expression " the County Council " means the London County Council. Con- Article II. (1) There shall be established a stiiution of _ Distress Distress Committee of the Common Council, and also Committees a Distress Committee of the Council of every Metro- politan Borough. (2) The Distress Committee of the Common Council shall comprise twenty-five members, that is to say — Twelve members appointed by the Common Council from their own body ; Eight members appointed by the Common Council and being persons selected by the Board of Guardians of the City of London Union from their own body ; and Five members (of whom one at least shall be a woman) appointed by the Common Council from outside their own body, but from, persons experienced in the relief of distress. The Organisation Establishment [^Londoii'] Order. 43 Art, II. (8) Tlie Distress Committee of each Metropolitan Borough Council shall comprise the total number of members specified in relation to the Metropolitan Borough in Column 6 of the Schedule to this Order. The total number of members specified as aforesaid shall consist of — (i.) Such number of members appointed by the Borough Council from their own body as is specified in relation to the Metropolitan Borough in Column 3 of the Schedule to this Order ; (ii.) Such number of members appointed by the Box'ough Council and being persons selected by the Board of Guardians of each Poor Law Union wholly or partly in the Metropolitan Borough as in relation to the Metropolitan Borough and the Poor Law Union named in Column 2 of the Schedule to this Order is specified in Column 4 of that Schedule, opposite to the names of the Metropolitan Boi'ough and Poor Law Union ; and (iii.) Such number of members (of whom one at least shall be a woman) appointed by the Borough Council from outside their own body, but from persons experienced in the relief of distress as is s{)ecified in relation to tlie Metropolitan Borough in Column 5 of the Schedule to this Order. 44 'The Organisation Establishment [^London'\ Order. \n. [I.— Note— (1). Constitution, of Distress Committee. This estaldisliinent of Distress Committees is in accordance with the requirement of Section 1 (1) of the Act. While Section 1 (1) of the Act names the three constituent parts of each Distress Committee, it is left to the Local Government liy Section 4 (1) to prescribe the number of members each part shall have. In tiieir circular letter (20th September, 1905), accompanying the London Order, the Board say that : — "The Order prescribes the number of members of the Committee. In the case of the City of London, and of each Metropolitan Borough with a population of upwards of 150,000 persons according to the last Census the total number of members i>t fixed at 25, made uj) of twelve members appointed by the Council from their own body, eight members appointed by them but selected by the Guardians from their own boily, and five persons appointed by the Council from outside their own body but from persons experienced in the relief of distress. In the case of every other Metropolitan Borough the numbers -will be ten, six, and four respectively, making a total of twenty members." "The numbers to be appointed in any particular case will be seen on reference to Article II., and to the Schedule to the Order." "Where more than one Poor Law Union is wholly or partly within a borough the number of Guardians to be appointed has been divided between the Unions concerned, regard being had to their population and ratsable value." (2). Women I\l embers of Distress Committees. Section 1 (1) of the Act requires in respect of each Com- mittee that one memljer at least "shall be a M'oman." As women are not eligible to be elected Councillors of Metropolitan Boroitghs (London Government Act, 1899, Section 2 (1), 62 and 63 A'ict., c. 14), and as thei-e is no guarantee of there being any women members of Boards of Guardians, although women are eligible to l)e elected (Local Government Act, 1894, Section 20 (2), 56 and 57 Vict., c 73), the Board by their Order have met the requirement of the Act by providing that of persons chosen from "persons experienced in the relief of distress" to be members of the Distress Committee, one at least shall be a woman. The Local Government Board observe that "The Council maj' deem it desiralile to appoint more than one woman on the Committee, especially if the representatives of the Guardians do not include a woman." [L.G.B.C.L., 20th September, 1905.] The Organisation Establishment [Lo7idon'] Order. 45 Art. IT. — Note — (SJ. Persons crperienced in Belief of Distress. The Unemployed Workmen Bill as on<;inally introduced in the House of Commons, provided for the Distress Committees to 1)6 entirely composed of Councillors and (riiardians. In Committee the President of the Local Government Board (Mr. G. Balfour, M.P.) proposed an amendment to enlarge the con- stitution by the addition of "persons of experience in the administration of Charities." After strong objection by Mr. Keir Hardie, M. P., that the M'ords "in the administration of Charities " would lead to the setting up of invidious distinctions under which Secretaries of Trail es' Unions and other persons not members of a Charity Organisation Society might be excluded, an amendment in the words "iierson experienced in the relief of distress," was adopted. A precedent for such co-optation is found in the Elementary Education Act, 1902, Section 17 (3) (6) (2 Edwaixl VII., c. 42), where it is made obligatory that "persons of experience in Education" shall be co-opted on the Local Eilucation Committee. Tliere is no stipulation either in the present Act or the Order that the "persons experienced in the relief of distress " shall be either Ratepayers or residents of the area for whicli the Distress Committee is elected ; nor have the Local Government Board attempted to give any advice in the matter. The selection and the election of such persons from outside the Couiu'il to the nuniljcr specified in Column 5 of the Scliedule to the Order, neither more nor less [L.(i. B.C.L., 20tli Septem])er, 1905], is, therefore, a matter entirely for tiie Council. No one, however, can 1)6 elected wim is disqualitied under Article X of the Order. See Note to' that Article. Article ITI. (1) At a nieetiim- to be held within Selection ^ ^ - and three weeks from the date of this Order, or within appoint- ' ment of such further time as We may allow, the Board of ^fg^^g""^ "^^ Guardians of the City of London Union, and every Committees Board of Guardians of a Poor Law Union wholly or partly in a Metropolitan Borough shall select from their own body the pei-sons who are to be afterwards appointed, in the one case by tlie Common Council, and, in the other case, by the Boroug-h Council, as members of a Distress Committee ; and the Clei-k to 46 The Organisation Establishment [London^ Order. Art. III. the Guardians shall forthwith communicate the names, addresses, and descriptions of the said persons to the Common Council or to the Borough Council, as the case may require. (2) The Common Council and each Borough Council shall, at a meeting to be held before the expiration of five weeks from the date of this Order, or within such further time as We may allow, appoint the members of the Distress Committee of the Common Council or of the Borough Council, as the case may be. (3) The Town Clerk, or other officer or person by whom notices of meeting of the Common Council or Borough Council are given, shall give to every member not less than seven days' pi'evious notice in writing of the meeting at which the appointment of members of a Distress Committee is to be made and of the intention to make the appointment. (1) Selection of Gnardians as Members of Distress Coinmittee. The selection is to be made by each Board to M'hom the Order applies by not later than the Uth October, 1905 [three Aveeks from the date of tlie Order],. or within such further time as the Local Government Board may allow. " It is desirable that the selection should be made at the earhest possiible dace and the Board consider it should be made within tlie three weeks in all cases, unless this is really impracticable " [L.G. B.C.L., 20th September, 1905]. The Order does not require notice to be given to the Guardians of the Meeting at which the selection is to be made. Regulations wliicli the (ruardians, as empowered by Sect. 59 (l)of the Local Government Act, 1894, (56 and 57 Vic, c. 73), may have made with respect to notice of meetings and to the transaction and management of their business should however be complied with if time permit. The TJic Organisation EstahUs1nucnt[^Loiidoii'] Order. 47 Art. III. — Note— comnuinication to be made l>y the Clerk to the (4uardians of the selection made l)y the (Guardians is to be made forthwith. "Forthwith" has in a number of cases been construed as meaning "within a reasonable time," but it should be taken in the present connexion as meaning "Avithout delay" (per Jessel, M. K. , re Sonthan, ex jiarte Lamb, 51 L.J. ch. 207). The Local Government Board accordingly say that — "As soon as the selection is made, the names, addresses and descriptions of the persons selected ai'e to be sent by the Clerk to the Guardians to the Common Council or the Borough Council, as the case may requii'e." The communication should be a written notice sent to the Clerk of the Council. Although the Guardians are only to select, not to appoint, it is the duty of the Council to appoint the Guardians selected not exceeding the number allowed by the Order. (2) Appoint)?ient of the Distress Committee. The appointment has to be made not later than the 2oth Octolier, 1905 (by which date the five weeks from the date of the Order expires) or witliin such further time as the Local Govemiuent Beard may allow. "It will probably be con- venient that no appointment should be made until each Board of Guardians in the Borougli have selected their representatives, as otherwise these representatives nnist be appointed at a subsequent meeting ; but it is desirable that the ai>])ointment should take place at the earliest date practicable, and the Board suggest that the Council sliould ascertain when the names of the persons selected by the Guardians will be received, so that the appointment of the members of the Committee may be made as soon as possible afterwards [L.G.B.C.L., 20th Sep- tember, 1905]. (3) The Distress Committee a Committee oj the Council. In their ('ircular Letter of the 20th, September, 1905, the Local (xovernment Board, having in mind Section 1 (1) of the Act, point out that the "Distress Committee will lie a Com- mittee of the Borough Council." In so far as the actual appointment of the Committee has to be made by the Council, that is so. The Council, however, in appointing the Connuittee are not left with any discretion as to the size of the Committee, for they must comply with the terms of the Order. Moreover, the procedure of the Committee is prescribed by the Order [Art. XIV] ami not left to the Council to ]>rescribe. Therefore: — "Unless Bules [made under Article XIV] so require, it will not Vie necessary that the acts of the Committee sliould be submitted for continuation to the Council by whom they are ajjpointed." [L.G.B.C.L. with Regulations, 10th October, 1905]. Term of office of members of Distress Committees 48 The Organisatioii EstdhlisJinient \_London'\ Order. Art. III.— Note— (4) Notice of Council Meeting at vliich the appointincni is to be made. "Not less than seven flays' previous notice" means seven days exclusive of the daj^ on wiiich the notice is given and of the day on which the meeting is held [Zouch v. Empsey, 4 B. and Aid. 522; E.v. J. J. Salop, 7 L.J.MC. 56]. "The giving of this notice need not be deferred until the names of the selected Guardians are received, if it is ascertained at what date they will be received, and the meeting is lised for some day subsequent to that date. [L.G.B.C.L., 20th September, 1905]. Removal of difficid/ies in establishment of Committee. See Article XV. Article TV. (1) A member of a Distress Com- mittee Avlio is a member of the Common Council, of a Borouo-li Council, or of a Boai'd of Guardians shall continue in office until he dies, or resigns, or goes out of office as a member of the Council by whom he was appointed, or of the Board of Guardians bv whom he was selected for appointment as a member of a Distress Committee, or until he becomes disqualified by virtue of this Order. (2) A member of a Distress Committee who has been appointed by the Common Council or by a Borough Council from outside their own body, but from persons experienced in the relief of distress, shall continue in oifice until he dies, or resigns, or completes the period for which he was appointed to serve as a member of the Distress Committee, or until he becomes disqualified by virtue of this Order: Provided that a member of a Distress Committee who ceases to hold office in pursuance of this Article shall be re-eligible as a member of the Distress Com- mittee if, at the time of re-appointment, he is qualified to be so re-appointed. The Org(.nisation Establishment 'iLoDclon'] Order. 49 Art. IV.— Note— (1). Term of Office of Members of Distress Committees. " Neitlier the Council nor the Guardians are empowered to deal with this matter as regards their representatives on the Committee, hut as regards any memher appointed from persons experienced in the relief of distress, it will be competent for the Council to pi'escribe the period for which he is appointed to serve as a member of the Committee. The Council will probal)ly dt em it desirable to exercise this power, and the Board suggest that the first appointment migiit be made for the period up to the 31st March, 1907, inclusive. If no period is specified, the member Avill hold office v.ntil he dies, or resigns, or becomes disqualihed by virtue of the Order " [L.G.B.C.L., 20th September, 1905]. (2). Besignation. A Councillor or Guardian Member of the Committee, will be. at liberty to resign membership of the Committee witliout resigning his office as a Coi^ncillor or Guardian. The Order does not mention as to whom Notice of Eesignation is to be given, or when the IJesignation is to be considered effected. In the absence of any regulation in the matter it is submitted that a written notice of the resignation, given to the Distress Committee by the member resigning, will be a sufficient resignation, and that the resignation is completely effected on the notice being delivered at a meeting of the Committee or to the clerk of the Committee. If a similar notice be also given to the Council, and in the case of the resignation of a Guardian Member of the Committee to the Board of Guardians, no I'oom will remain for doubt as to the sufficiency of the resignation. (3). Di-iqitalifcation Jor Office. See Article X. of the Order. Article V. (1) On a vacancy occurring in a casual Distress Committee by reason of the death or resigna- m Distress 1 • T /-I -1 1 1 Committees tion ot a member, or otherwise, the Council by whom that member was appointed shall, subject to this Order, appoint another member in his place. The person appointed to fill the vacancy shall be appointed at a meeting of the Council to be lield within four weeks after the occurrence of that vacancy, 50 The Organisrdion Establishment [//OHrfow] Order. Art. V. or, where the appointment is to be made of a person selected by a Board of Guardians, at that meeting of the Council which will be held immediately after the expiration of seven days from the date of the communi- cation to the Council of the names, address, and description of the pei'son selected, or, in either case, within such further time as We may allow. (2) The Town Clerk or other officer or person by whom notices of meeting of the Council are given shall give to each member of the Council seven days' previous notice in writing of the meeting at which the appoint- ment is to be made, and of the intention to make the appointment. The Town Clerk or other officer or person as afore- said after any such appointment is made shall forthwith notify in writing to the Clerk to the Distress Committee the names, address, and description of the person appointed. (1) Notice of Vacfoicy. The terms of the Order as to the notice to he given by the Town Clerk, to each member of the Council, of meeting of the Council at which the casual vacancy is to be filled, are identical with the terms re original appointment of Committee. See Article III. (.3). But the Order cantains no directions as to who is to make communication of the fact that a vacancy has arisen. In the case of vacancy by death, resignation or other- wise of a Guardian member of the Committee it is apriarently taken for granted — (1) that the fact of the vacancy will be Mdthin the knowledge of the Board of Guardians concerned ; (2) that the Board will proceed as on the occasion of the original selection under Art. III. of the Order, to select a Guardian to fill the vacancies ; and (3) that the communi- cation of the selection will be made, again as on the original Section, by the Clerk to the Guardians [See Art. III. (1)]. The Organisation Estahlishment [^London] Order. 51 Article V — Note— Where the vacancy arises from the death or going out of office of a Councillor, the fact of course is hound to be within the knowledge of the Council and their Clerk. The deficiency of the Order in respect of explicit dii-ection as to who is to notify that a casual vacancy has arisen may be met by the Distress Committee giving, in accordance with their powers under Art. XIV. of the Order, such directions to their Clerk as may be deemed necessary. Where vacancy of seat arises from disqualification or absence, the Committee have not only to declare seat vacant, but the vacancy has to be notified in such manner as Committee shall direct. See Local Govern- ment Act, 1894 (56 and 57 Vict., c. 73), Section 46 (7), Note to Article X. (2) Time in which vacancy is to he filled. Clause (1) of the Article is not very well drawn, but the evident intention is that, where a vacancy occurs in the Distress Committee by the death or resignation of a member, or otherwise, and that member was a Councillor or a member selected from persons experienced in the relief of distress, the vacancy shall be filled within four weeks after the occurrence of the vacancy, but if the memlier was a Guardian then the vacancy shall be filled at the Council meeting held as soon as may be (for that is the meaning of the word "immediately" as used in the Art.) after communication made by the Clerk to the Guardians of the ])erson selected by the CJuardiatis to fill the vacancy, and the Town Clerk has given the requisite notice required by Clause (2) of the Article. There is no stated time in which the Guardians are to select one of their number to fill vacancy. (3) Meaning of Terms. " Within four weeks after the occurrence." The first day of the four weeks is the day that next follows the day of the occurrence. On the expre.ssion "Forthwith" see Note (1) on Art. III., and on expression "Seven days" see Note (4) on Art. III. AirncLK VI. (1) There shall be established a Consti- tution of Central Body for the Administrative County of London. <'eQtrai '' •' Body. The Central Body shall be a body corporate by the name of " The Central (Unemployed) Body for London," with perpetual succession, and a common seal, 52 The Organisation Estahlishment \_Lonclon'\ Order. Art. VI. and with power to sue and be sued in that name, and to hold lands without any licence in mortmain for the purposes of tlie Act. (2) The Central Body shall comprise — Four members selected from their own body by the County Council : Four members selected in each case from their own body by the Distress Committee of the Common Council and by the Distress Committee of the Council of the Metropolitan Borough of Westminster : Two members selected in each case from their own body by the Distress Committee of every other Borough Council : Such number of members (not exceeding eight) as ma}' be nominated by Us : and Eight persons (of whom one at least shall be a woman) co-opted to be additional members of the Central Body by the members selected and nominated as aforesaid. (1). Constitution of Central Body. This Establishment of Central Body is in accordance with requirement of Section 1 (1) of the Act. While Section 1 (1) of the Act names the four (three obligatory and one at the option of the Local (government Board) constituent parts of Central Body, it is left to the Board by Section 4 (1) to prescribe the pi'oportionate parts subject to the limitation made by The Organisation E-'^tabUslimcnt [London^ Order. 53 Art. VI.— Note — Section 1 (1) as to the number of persons co-opted by the Central Body and the persons nominated by the said Board. The total membership of the Central Body as provided for in tlie Order is 84. The number of nominated and co-opted members i)rovided for is 16, or rather less than one-fifth of the total The one-fifth proportion is the projiortion adojited for the Distress Committees in resjiect of the person elected on those Committees from "persons experienced in the relief of distress." {2 J. The Central Body a Body Corporate. The provision of the order making the Central Body a Body Corporate with perpetual succession, t*ce. , is in accordance with the delegated lejrislative authority given to the Ijocal Government Board by Section 4 of the Act. The Central Body will therefore have the status of Local Authorities under the Local Government Acts. (3). Perpetual Succession and Common Seal. The Act is only for three years and, if there should be no rpupw al or extension of, or substitution for, its provisions, the Central Body must cease to exist. The expression " Perpetual Succession " in the order means that the succession of the Central Body as a corporation is preserved and unaffected, notwithstanding any changes there may be by individuals going out of, or coming into membership. The Common Seal is the symbol of Incorporation and is in the making of contracts, &g., the corporation's "hand and mouthpiece." (4). Lands. The explanation of the right given " to hold lands without license in mortmain for the purposes of the Act" is tliat in Section 1 (1) of the Mortmain and Charitable Uses Act, 1888 (51 and 52 Vict. C. 42), it is enacted that land shall not be assured to or for the benefit of, or acquired by or on behalf of any Corporation in mortmain, otherwise than under the authority of a license from the Crown, or of a Statute for the time being in force, and that if any land is so assured otherwise than as aforesaid the land shall be forfeited to the Crown.. The said Act of 1888, is an Act amending and consolidating the old Statutes prohil»iting under iiain of forfeiture the alien- ation of land "to religious and other corporations which were supi>osed to hold them in a dead or unservicable hand." 54 The Organisation Estahlislunent [^London'] Order. Art. VI. — Note — Land is defined by Section 3 of The Mortmain and Charitable Uses Act, 1891, (54 and 55 Vict. C. 73) as including tenements and hereditaments corporeal or incorporeal of any tenure, but not money secured, or land, or other personal estate arising from or connected with land. (5). Nominated and Co-opted Members. The Unemployed Workmens Bill, as originally introduced in the House of Commons, provided for the Central Body to be constituted of members of tlie Distress Committees and of the London County Council, with po\\er to co-opt additional members up to a fourth of the total number of the body. There was no provision for the Local Govemuient Board to nominate members. This provision was added during the Committee stage in the House of Commons on an amendment (at once adopted by the House) of Captain Jessel, ]\1.P. for St. Pancras, who pointed out that such a provision would enable the Board to bring into the Central Body well-known men, such as Mr. Charles Booth, the Bishop of Stepney, and Mr. Steadman, who otherwise might not lind a seat on this body. A precedent for vesting such power in the Local Government Board is contained in Section 11 of the Metropolitan Poor Act, 1S(37 (30 Vict. C. 6) under which the said Board nominate members of the Metropolitan Asylums Board. It will be found on reference to Section 1 (1) of the present Act, that it is not insisted upon by the terms of tlie Act, that tliere shall be nominated members on " the Central (Unemployed) Body for London." There are only to be such members if the Local Government Board's Order so provides. The present Order so provides. The nomination comj)letes the Election. No ij[ualilication is laid down in the Act or Order with respect to either nominated or co-oi)ted members. They need not be resident in London, nor Katepayers, They must, however, be jjersous who are not disqualified by Article X. — See that Article and tlie note thereon. (6 J. Woollen ih embers aj the Central Body. Section 1 (1) of the Act I'equires that at least one member of the Central Body "shall be a woman." This rec^uirement is met by the Order providing that of the eight co-opted members "one at lease shall be a woman." See further Note (2) to Article II. The Organisation Establishment [London^ Order. 55 Aeticlp: V'II. (1) The County Council at a meeting Appoint- to be held within six weeks from the date of this Order, of members and each. .Distress Committee at a meeting to be held Body. within two weeks after theii- appointment, or within such further time as We 7naj allow, shall select such number of members of the Central Body as the Council or the Distress Committee are entitled to select. (2) The Clerk, or other officer or person by whom notices of meeting of the Council or Distress Committee are given, shall give to each member not less than seven days' previous notice in writing of the meeting at which members of the Central Body are to be selected and of the intention to make the selection. The Clerk or other officer or person aforesaid, after the selection of members, shall forthwith cause the names, addresses, and descriptions of the several members selected to be transmitted to Us. (3) After the selection of members of the Centi-al Body by the Council and by the several Distress Committees, and the nomination of members by Us, the members of the Central Body shall, for the ]jur})ose of co-opting additional members, attend a preliminary meeting at a time and place to be fixed by Us and in other respects in accordance with arrangements to be made by Us. 56 The Organisofion Establishment '^London'] Order. Art. vri. Every iiiember who desires to propose tliat the Central Body shall co-opt a person as an additional member shall, not less than seven days before the date appointed by Us for the preliminary meeting, transmit the names, address, and description of the person to Us. (4) The first meeting of the Central Body shall be held at a time and place to be fixed by Us. (1). Appointment of the Members oj' Central Body. The period of six weeks from the date of the Order ('20th September. 1905) expires on the 1st ^November, 1905, by that date therefore tlie County Council must appoint their members on the Central Body, unless the Local (Tovernment Board extend the time. Any Distress Committee not appointed until the 25th October, 1905 (see Article III.), will have until the 8th November for the appointment of their members on the Central Body, but if apjiointed before the 25th October, then their appointment of their members on the Central Body will be so much earlier than the 8th November, as the fourteen days from the day of the Committee itself beinc: appointed will make it. " It is desirable that the -selection should be made within the precise periods mentioned in the Article, so that the Central Body may be constituted as soon as pcssible." — [L.G.B.C.L., 20th September, 1905.] (2) Notice of Council or Distress Committee Meeting to appoint Represe n tativ es. See Note (4) to Article III. (3). Notice of desire to propose to co-opt a person. Care should be taken (1) that notice by letter, addressed to the Secretary of the Board, is sent by the time required, and (2) that it contains the information required by the Article, viz. : the full name, address, and the trade, profession or rank of the person to be proposed. The Central Body will have to make its own re^'ulations as to any notice required for proposal to co-opt on vacancy occurring, or on term of service expiring. (4)- Meaning of Terms. For the reckoning of time, and explanation of the expression "forthwith," see Note (4) and Note (1) to Article III. The Organisation Establisltinent \_Lon(ion'] Order. 57 Article VIII. A member of tlie Central Body who Term ^^^ office of lias been selected by the County Council, or by a members of Central Distress Committee, shall continue in office until he dies Body. or resigns or goes out of office as a member of the Council or Distress Committee or until he becomes disqualified by virtue of this Order. An additional member of the Central Body shall continue in office until lie dies or resigns or completes the period for which he was co-opted or until he becomes disqualified by virtue of this Order. A member nominated by Us shall continue in office until lie dies or lesigns or completes the pei'iod for which he was nominated, or until his nomination is cancelled, or until he becomes disqualified by virtue of this Order : Provided that a selected member, or an additional member of the Central Bod}-, who ceases to hold office in pursuance of this Article shall be re-eligible as a member of the Central Body if at the time of his being again selected or co-opted he is qualified to be so selected or co-opted. (1) Term of Office of Members of Central Body. The term of office is conditioned in the same way as the term of office of members of the Distress Coiiunittee under Article IV., save as to nominated members. (2) Resignation. A member of the Central Body who is a Distress Com- mittee represontative will be able to resign liis or her member- ship of tlie Cential Hody without resigning membership of the Distress Committee. 58 The Organisation Establishment [^London^ Order. Art. Vlir.— Note- As to Order making no mention as to whom Notice of Resignation is to be sent or wlien Resignation is to be considered effected, see Note (2) Article IV. In the absence of any regulation in the matter it is submitted that Resignation should be by notice delivered at & meeting of the Central Body or to the Clerk of that Body. Article IX. On a vacancy occurrino- in the Central Body by reason of the death or resignation of a member or otherwise, the Council or Distress Committee by whom tliat member was selected, or, in tlie case of an additional member, the Central Body shall, subject to this Order, select or co-opt another member in his place. The person selected or co-opted to fill the vacancy shall be selected at a meeting of the Council or Distress Committee, or co-opted at a meeting of the Central Body, to be held within four weeks after the occurrence of tlie vacancy or within such further time as We may allow. The Clerk or other officer or person by whom notices o£ meeting of the Council, Distress Committee, or Central Body are given shall give seven days' previous notice in writing of the meeting at which the selection is to be made or the additional member is to be co-opted. The Clerk or other person as aforesaid shall, after any such selection by the Council or a Distress Com- mittee, fortwith notify in writing to the Clerk to the Central Body the names, address, and occupation of the person selected. The Organisation Establislunent \_Loiidon'\ Order. 59 Art. IX. — Note— ( 1) Notice of Vacanry. The Order contains no direction as to who shall notify the County Council or the Di^^tress Committee that a vacancy has occurred in their representation on tlie Central Body — a similar deficiency exists under Article V., see Note (1) Art. V. as to how deliciency may be met, substituting in that note Central Body for Distress Committee. The terms of the Article as to notice to l)e given by Town Clerk or Committee Clerk of meeting of Council or Committee to till vacancy are not identical with the terms re original appointment (see Article VII. (2)). No doubt the intention is the same and should be observed as such. (;J) Time in tchich to fill vacancy, tbc. For reckoning of "Time" and expression "Forthwith" see Note (4) and Note (1) to Art. III. Article X. ^Section 46 of the Local Government nisquaii- flcations. Act, 1894, shall apply to a Distress Committee, and to the Central Ijodj, and to any member, as if, with the necessary modifications, the said section were herein re-enacted and in terms made applicable ; and every person disqualified by the said section as so applied shall become disqualified by virtue of this Order. Note. — The Section mentioned in this Article is as follows : — Local Government Act 1S94 [56 and 57 Vict., c. 73], Section 46 (1). A person shall be disqualified for being elected or being a member or chairman of a council of a parisli or of a district other than a borough or of a board of guardians if he («) is an infant or an alien ; or (6) has within twelve months before his election, or .sint:e his election, received union or parociiial relief ; or (c) has, within live years before his election or since his election, been convicted either on mdict- meiit or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a line, or to any greater punishment, and has not received a free pardon, or has, within or during tiie time aforesaid, been adjnilged bankrupt, or made a composition or arrangement w itli his creditors ; or 60 The Organisation Establislmcnt \^London'\ Order. Art. X. — Note — (d) holds any paid office under the parisfi c luncil or district council or board of guardians, as the case may be ; or (e) is concerned in any l)argain or contract entered into with the council or board, or participates in the profit of any such bargain or contract or of any work done under the authority of the council or board. (2). Provided that a person shall not be disqualified for being elected or being a member or chairman of any such council or board by reason of being interested — (a) in the sale or lease of anv lands or in any loan of money to the council or board, or in any contract with the council for the supply from land, of whicli he is owner or occupier, of stone, gravel, or other materials for making or repairing highways or bridges, or in the transport of materials for the repair of roads or bridges in his own immediate neighbourhood ; or (5) in any newspaper in which any advertisement relating to the affairs of the council or board is inserted ;'or (c) in any contract with the council or board as a shareholder in any joint stock company ; but he shall not vote at any meeting of the council or board on any rjuestion in which such com- pany are interested, excepted that in the case of a water company or other company estab- lished for the carrying on of works of a like public nature, this prohibition may be dispensed with by the county council. (3). Where a person who is a parish councillor, or is a candidate for election as a parish councillor, is concerned in any such bargain or contract, or participates in anv such profit, as ■svould disqualify him for being a parish councillor, the disquali- fication may be removed by the county council if they are of opinion that such removal will be beneficial to the parish. (4). Where a person is disqualified by being adjudged bankrupt or making a compi>sition or arrangement with his creditors, the disqualification shall cease, in case of Imnkrujitcy, when the adjudication is annulled, or when he obtains his discliyrge with a certificate that his bankruptcy was caused by misfortune without any misconduct on his part, and, in case of composition or arrangement, on payment of his debts in full. The Organisation Ent(iblishinrnt \_London^ Order. Gl Art. X.— Note— (5). A person disqualified for being a guardian shall also lie disqualilied for being a rural district councillor. (6). If a member of a council of a parish, or of a district other than a borough, or of a hoaid of guardians, is absent from meetings of the council or board for more than six months consecuti\ eiy, except in case of illness, or for some reason approved by the council or board, his ofhce shall on the expiration of those months become vacant. (7). Where a member of a council or a board of guardians becomes disqualihed for holding ollice, or vacates his seat for absence, the council or board shall forthwith declare the office to be vacant, and signify the same by notice signed by three members and countersigned by the clerk of the council or board, and notitied in such maimer as the council or board direct, and tlie office shall thereupon become vacant. (8). If any person acts when disqualilied, or votes when prohibited under this section, he shall for each offence be liable on summary conviction to a line not exceeding twenty pounds. (9). This section shall apply in the case of any authority whose members are elected in accordance with this Act in like manner as if that authority were a district council, and in the case of London auditors as if they were members of a district council. In the foregoing Section the following modifications should be observed : — (1). "Distress Committee" or "Central Body" should be substituted for such expressions as "Council of a Parish " or "of a District other than a Borough" or "Board of Guardians" or " I*arish Council" or " District Council " or " Council or Board " as the case may require. (2). "Members of a Distress Committee or Central Body" should be substituted for "Parish Councillor." (3). Sub-Section (5) should be read as deleted. On the provisions of the above Section it may be further stated as follows : — (a). Infiincy. Full age is attained on the day before the 21st birthday. (h). Allen. On any question as to wlio may lie an Alien, the Naturalization Act, 1S7I» (.33 and 34 Vict., C. 14), should be referred to. First meeting of Distress Committees] 62 The Organisation Establishment [^T^ondon'] Order. Art. X. — Note — (c). Relief. See Index under "Relief." (d). Crime. A conviction on an offence pnnisliable M'ith imprisonment on summary conviction is a crime that di'squalifies. Conybeare V. London School Board, 60 L..T., Q.]?. 44: 63 L.T. (N.S.) 651 : 55 J.P. 151. (e). Banlcruptcy. In R. V. Coohan f56 L.J.M.C. 33: 51 J.P. 500^ it was held that under Rule 5 of Schedule II. to Public Health Act, 1875 (38 and 39 Vict. C. 55), an a-ssignment of propprty for benefit of creditors was not necessarily a composition with creditors disqualifyintx for membership of a Local Board. Section 46 (I) (c) of the Local fiovernment Act, 1894 (56 and 57 Vict. C. 73), it will be noticed, makes "an arranarement with creditors," which the said Rule did not, a disqualification, and therefore such an assignment of property as mentioned is apparently an arrangement that disqualifies. (f) Disqualification for absence. It is advisable that before a seat is declared vacant for absence the member should be afforded an opportunity to explain his absence (Richardson v. Metley School Board 62 L.J. Ch. 943 ; 69 L.T. (N.S.) 308). (g). Declaration of Vacancy. The office is not actually vacant until the requirements of of Sub-Section (7) as to declaration has been complied with. R. V. Mayor, ».*v:c.. of Leeds, 7 A. and E. 963; Hardwicke v. Brown, 28 L.T (N.S.) .502: 37 J.P. 407; R. v. Mayor, &c., of Welshpool, 35 L.T. (N.S.) 598. Article XI. The time and place of holding the first meeting of the Distress Committee of the Common Council and of the Distress Committee of the Council of every Metropolitan Borough shall be fixed by the Common Council in the one case and by the Borough Council in every other case. Convener and Notice of Meeting. As the Order makes no provision as to who shall be convener of the first meeting of the Distress Committee, it will be necessary for the Council to appoint a convener. The first meeting should "be held as soon as possible after the appoint- ment of the Committee." [L.G.B.C.L., 20th September, 1905.] TJte Organisation EstahHslinient [^London'] Order. 63 Art. Xr.— Note- As the Committee have at their first meeting to appoint a Chairman [Article XII.], and have, within fourteen days of their appointment, to appoint representatives on the Central Body [Article VII (1)] the notice convening the meeting should state that among the items of business to he transacted at the meeting will be the appointment of a Chairman and of the rei>restntatives mentioned. A yiee-Chairman is mentioned in Article XIV., but he need not be appointed at the first meeting. Article XII. Each Distress Committee aud the Chairman of Distress Central Body at their first meetino-, and thereafter as CoM.mittee •'^ . . anii Central occasion requires, shall appoint one of their number to Body, be Chairman. The term of office of the Chairman shall be such as the Distress Committee or the Central Body appoint, but if during that terra the Chairman of the Distress Committee ceases to be a member of the Council by whom he was appointed, or of the Board of Guardians by whom he was selected for appointment as a member of the Distress Committee, or ceases to be a Member of the Distress Committee from any otlier cause, or the Chairman of the Central Body ceases to be a member of the Council or Disti'ess Committee by whom he was selected to be a member of the Central Body, or ceases to be a nominated member or to be co-opted as an additional member of the Central Body, the Distress Committee or the Central Body, as the case may be, shall foi'tliwith proceed to appoint another person to be Chairnuin for the rest of the term. Note — As to appointment of a V ice-Chairman see Article XIV., an for expression "forthwith" see Note (1) to Article III. 64 The Organisatioii Estahlinhment \^London'] Order. Article XIII. After the first meetino-, all ordinary meetings of a Disti'ess Committee or of the Central Body shall be held at such times and places as are appointed by the Disti-ess Committee or the Central Body. An extraordinaiy meetinq- of a Distress Committee or of the Central Body shall be summoned by the Chairman on his own responsibility or on the receipt of a requisition in writing from any three members of the Distress Committee or of the Central Body, but no business other than that specified in the summons for the extraordinary meeting shall be transacted at that meeting. Note. — See imder Act XIV. Article XIV. Every question at a meeting of a Distress Committee or of the Central Body shall be decided by a majority of votes of the members present and voting on that question, and in the case of equality of votes the person presiding* at the meeting shall have a second or casting vote. The quorum of a Distress Committee or of the Central Body shall be one-third of the whole number of members of the Distress Committee, or of the Central Body. A Distress Committee or the Central Body may appoint from among their members such and so many Committees, either of a general or special nature, and consisting of such number of persons as the Distress- The Organisation Estahlishvient \^London'\ Order. 65 Art. XIV. Committee oi^ the Central Body think fit for any purposes which, in their opinion, would be better regulated and managed by means of Committees, and may delegate with or without any restrictions or con- ditions any of their powers and duties ; and the quorum, proceedings, and place of meeting of any Committee shall be such as may be determined by regulations of the body appointing the Committee. Subject to the provisions of the Act and of any Regulations under the Act, a Distress Committee and the Ceutj-al Body may regulate their own procedure and may make rules with respect to the appointment and duties of a Vice-Chairman and generally with respect to the transaction and management of their business. Meetings and Procedure. As to removal of any difficulty arising with respect to first meeting see Article XV. Tlie provisions of the Order in these respects appear to have been framed on certain provisions in the Municipal Corporations Act, 188-2 [45 and 46 Vict. c. 50] Section 22 and second Schedule. In making rules under Article XIV. as regards the calling of meetings, the following rules in the said Schedule may be found suggestive. " Rule 3. The Mayor may at any time call a meeting of the Council." " Rule 4. If the Mayor refuses to call a meeting after a requisition for that purpose, signed by five members of the Council, has been presented to him, any hve members of the Council may forthwith on that refusal call a meeting. If the Mayor (without so refusing) does not within seven days after such presentation call a meeting any live members of the Council may, on the expiration of those seven days, call a meeting." E 6G The Oryanisation Establishment [^I^ondoii} Order. Art. XIV.— Note— "Kule 6 Three clear days at least before any meeting of the Council, a summons to attend the meeting, s|)ecifying the business proposed to be transacted thereat and signed by the Town Clerk, shall be left or delivered by post in a registered letter at the usual place of abode of every member of the Council three clear days at least before the meeting." " Rule 7. Want of service of the summons on any member of the Council shall not affect the validity of a meeting." " Rule 8. No business shall be transacted at a meeting other than that specified in the summons relating thereto, except, in case of a quarterly meeting, business prescribed by this Act to be transacted thereat." Removal of ARTICLE XV. If any difference or difficulty arises with respect to the establishment of a Distress Com- mittee or of the Central Body, or with respect to the appointment of members of a Distress Committee or with respect to the selection of members of the Centi-al Body or with respect to the number of members of a Distress Committee whom a Council may be entitled to a])point after selection by a Board of Guai^dians, or with respect to the first meeting' of a Distress Com- mittee or of the Central Body, We may by Order do anything which appears to Us to be necessary or expedient for the determination of any such difference or the removal of any such difficulty or for the proper establishment of a Distress Committee or of the Central Body, or for the proper holding of the tii'st meeting of a Distress Committee or of the Central Body. Short title. ARTICLE XVI. This Order may be cited as " The C)rganisation (Unemployed Woi'kmen) Establishment Order, 1905." The Organisation Establishment [^London'] Order, 67 SCHEDULE. Constitution of Distress Committees. Number of Members app ointed Metropolitan Borough, Poor Law Union From From wholly or partly in Council Guard- the Metropolitan ians. Borough. From Persons experi- enced in Relief of Distress. Total Num- ber. Battersea ... ... Wandsworth ... 12 8 5 25 Berniondsey ... Berniondsey 10 6 4 20 Bethnal Green ... Saint Matthew, Bethnal Green. 10 6 4 20 Caniberwell ... Saint Giles, Caniberwell. 12 8 5 25 Chelsea ... Saint Lake, Chelsea. 10 6 4 20 Deptfoid ... ... Greenwich 10 6 4 20 Fin&bury . . . ... Holbom 10 6 4 20 Fulham ... Fnlham 10 6 4 20 Greenwich f Greenwich \ Woolwich 10 4 2 4 — 6 20 Hackney . . . ... Hackney 12 8 5 25 Hammersmith . . . Hammersmith . . . 10 6 4 20 Hampstead ... Saint John Hampstead. 10 6 4 20 Holbom f Saint Giles-in- 1 tlie-Fields and ■{ Saint (Teorge, 1 Bloomsbury. [ Hoi born 10 3 3 4 6 20 68 The Ovga'o^SQiton S§t(ibtShment {^London'] Order. Metropolitan Borough umber of Members appointed. From Persons Poor Law Union From From experi- Total wholly or partly m Council Guard- enced Num- the Metropolitan Borough ians in KeUef of Distress ber Islington ... Saint Mary, l.slington. 12 8 5 25 Kensington 1 Saint Mary Abbots Kensington. 12 8 5 25 Lambeth ... Lambeth 12 8 5 25 Lewishaiu ... Lewisham 10 6 4 20 Paddington Paddington 10 (5 4 20 Poplar Poplar 12 8 5 25 Saint Marylebone .. Saint Marylebone. 10 6 4 20 Saint Pancias Saint Pancras 12 8 5 25 Shoreditch Saint Leonard, Shoreditch. 10 4 20 Southwark South w ark 12 8 5 25 Stepney f Mile End Old 1 Town. J Saint George in ] the East, i Stepney [^ Whitechapel ... 12 2 2 o 2 5 — 8 25 Stoke Newington Hackney 10 6 4 20 Wandsworth Wandsworth . . . 12 8 5 25 Westminster i Saint George's... Strand ... Westminster ... 12 4 •> 5 8 25 Woolwich ... 1 Lewisham Woolwich — 1 — — 10 20 The Organisation Establishment {Loi\don'\ Order. 69 Given under the Seal of OiBce of the Local Government Boai"cl, this Twentieth day of September, in the year One thousand nine hundi'ed and five. G. W. BALFOUR, President. S. B. Provis, Secretary. "THE URBAN DISTRESS COMMITTEES (UNEMPLOYED WORKMEN) ESTABLISHMENT ORDER, 1905." (Order for Provincial Boroughs and Urban Districts "\vith a population of not less than 50,000 at last census). ■^0 ti)e Council of every Municipal BorouCxH and Urban District in EnCxLAnd and Wales to which this Order applies ; — [Note. — See Schedule]. To the Board of Guardians of every Poor Law Union wholly or partly comprised in any such Municipal Borough or Urban Dis- trict ; — To every Distress Committee to be established in pursuance of this Order; — And to all others whom it may concern. WHEREAS by Section 2 (]) of the Unemployed Workmen Act, 1905, it is enacted that : — "2. (1) There shall be established by order "of the Local Government Board for each muni- " cipal borough and urban district with a popula- Tlie Organisaiioii EstahUshment [^Provincial] Order. 71 " tion uccording to the last census for the time " being of not less than fifty thousand, and not " being a borough or district to which the pro- " visions of section one of this Act have been " extended, a distress committee of the council " for the purposes of this Act, with a similar " constitution to that of a distress committee iu " London, and the distress committee so estab- '" lished shall, as regards their borough or district, " have the same duties and powers, so far as " applicable, as are given by this Act to the " distress committees and central body in " London." And whereas the effect of Section 1 (1) of the said Act, in relation to the constitution of a Distress Committee of the Council of every Metropolitan Borough in London, is that the Distress Committee shall consist partly of members of the Borough Council and partly of members of every Board of Guardians in the Borough, and of persons experienced in the relief of distress, and that every Order establishing a Distress Committee shall provide that one member at least shall be a woman ; And whereas by sub-sections (1) and (2) of Section 4 of the Act it is enacted that : — " 4. (1) An Older of the Local Government " Board under this Act establishing a central " body or distress committee may provide for the 72 Tlie Organisation EsfabUshment [^Provincials Order. " constitution and proceedings of that body or " committee, and, in the case of an order estab- " lishing a central body, for the incorporation of " that body by an appropriate name, and, where " any property or liabilities are taken over from " any other body, for effecting by virtue of the " order the transfer of that property or those " liabilities, and also for any matter for Avhich " provision may be made by regulations under " this Act, and for which it appears desii'able to " make special provision affecting only the body " or committee established by the order. " (2) An order of the Local Government " Board under this Act may be varied, and " revoked, by any subsequent order of the Board " made under this Act." NOW THEREFORE, We, the Local Government Board, in the exercise of Our powers in that behalf, do hei-eby Order as follows : that is to say — Article I. In this Order, unless the contrary intention appears : — (a) Words importing the masculine gender include females ; (6) Words in the singular include the plural, and words in the plural include the singular; The Organisation Establishment [ProvinciaV] Order. 73 Article I. (c) The expression " the Act " means the Unem- ployed Workmen Act, 1905 ; and the ex- pressions " Borough " and " Urban District " mean and include each Municipal Borough and each Urban District with a population according to the last census for the time being, of not less than fifty thousand, and not being a Borough or District to which the provisions of Section One of the Act have been extended. Note. — The present Order applies to all Outside London Urban Districts (including Boroughs) in England and \yales, of a population of net less than 50,000 at the census of 1901, named in the Schedule to the Order. See Section 1 (9) of the Act for dealing with any Borough or District adjoining or near to London, as if it were within the Administrative County of London. Article II. (I) There shall be established a Dis- [j°j"^*^'^f ss Committee of the Council of ei the Council of each Urban District. tress Committee of the Council of each Borough, and of committee. (2) The Distress Committee shall comprise the total number of members specified in relation to the Borough or Urban District in Column 6 of tlie Schedule to this Oi'der. The total number of members specified as aforesaid shall consist of — (i.) Such immber of members appointed by the Council from their own body as in relation to the Borouc:h or Urban District named in 74 The Organisation Establishment [^Provincial'\ Order. Article II. Column 1 of the Schedule to this Order is specified in Column 3 of that Schedule opposite to the name of the Borough or Urban District; (ii.) Such number of members appointed by the Council and being persons selected by the Board of Guardians of each Poor Law Union wholly or partly in the Borough or Urban District as in relation to the Borougli or Urban District and the Poor Law Union named in Columns 1 and 2 of the Schedule to this Order is specified in Column 4 of that Schedule, opposite to the names of the Borough oi' Urban District and Poor Law Union ; and (iii.) Such number of members (of whom one at least shall be a woman) appointed by the Council from outside their own body, but from persons experienced in the relief of distress as is specified in relation to the Borough or Urban District in Column 5 of the Schedule to this Order. (1). Constitution of Distress Committee. This estal)lishment of Distress Committees is in accordance with the re([uirement of Section 2 (1) of the Act. Section 1 (1) names the three constituent i)avts of eacli Distress Coiiinnttee, but it is left to the Local (Toveriuueiit Board by Section 4 (1) to pre>crihe the number of nieml)ers each part shall have. In their circular letter of the '20tii September, 1905, accompanying tlie present (Outside London) Ordei', the Board say that : — The Organisation Establishment \_Provincial'] Order. 75 Article II.— Xote— " The Order prescribes the number of members of the Distress Committee. In the case of boroughs with a popu- lation of upwards of 400,000 persons according to the last census, the total number of members is fixed at 40, made up of 18 members appointed by the council from their own bodj', 14 members ajtpomted by them but selected by the guardians from their own body, and 8 persons appointed by the council from outside their own body but from persons experienced in the relief of distress. In the case of boroughs with a population between 200,000 and 400,000 the numbers will be 16, 12, and 7 respectively, making a total of 35 meml^ers, whilst in the case of boroughs and urban districts with a population l)et\veen 100,000 and 200,000 the numbers will be 14, 10, and 6 respectively, making a total of 30 members. In the case of any other borough or urban district the numbers will be 12, 8, and 5 respectively, making a total of 25 members. "The numbers to be appointed in any particular case will be seen on reference to Article II. and to the Schedule to the Order. "Where more than ojie poor law union is wholly or partly within a borough the number of guardians to be appointed has been divided between the unions concerned, regard l)eing had to their population and rateable value." (2). Women Members of Distress Committees. AYomen are not eligible for election as Borough Councillors [Beresford Hope v. Lady Sandhurst, 58 L.J.(.i.B. 316 ; 61 L.T. (N.S.) 150 ; 53J.P. 805], but are eligible to be elected Councillors for an Urban District not a Borough [Local (lovernment Act, 1894, 56 and 57 Vict. C. 73. Section 23 (2)], and as Guardians [said Act, Section 20 (2)]. Why women are eligil)le for election to Distress Committee see Note (2) to Article II. of the London Order. (3). Persons experienced in Belief oj Distress. See Note (3) to Article II. of the London Order and read Note as if inserted here. Article III. (I) At a meeting to be held within ggigp^jQjj three weeks from the date of tliis Order, or within ^^^\ ^^^^ such further time as We may alloAv, every Board of ^embers of Guardinns of a Pooi- liaw Union wholly or partly in committeef* 76 T}ie Organisntion Establishment [^Provincial] Order. Article III. the Borough or Urban District, shall select from their own body the persons who are to be afterwards appointed by the Council as members of the Distress Committee, and the Clerk to the Guardians shall forth- with communicate to the Council the names, addresses, and descriptions of the said persons. (2) The Council shall appoint the members of the Distress Committee at a meeting' to be held before the expii'ation of five weeks from the date of this Order, or within such further time as We may allow. (8) The Town Clerk or Clerk shall give to every member of the Council not less than seven days' pi'evious notice in writing of the meeting at which the appointment of members of the Distress Committee is to be made and of the intention to make the appointment. (1). Selection oj Guardians as Members of Distress Committee. See Note (I) of the Article III. of the London Order and read Note as if inserted here, substituting for the expression "Common Council or Borough Council" the expression " Borough or Urban District Council." (2). Appointment of the Distress Committee. See Note (2) to Article III. of the London Order and read Note as if inserted here, adding after the word " Borough " in the L.G.B.C.L., 20th September, 1905, quoted in the Note the words "or Urban District." (3). The Distress Committee a Committee of the Council. In the Circular accompanying the Order the Local fTOvernment Board point out that the "Distress Connuittee will be a Committee of the liorough or Urban District Council." In as far as the Council have to appoint the Committee that is so. The Act requires it to be so [Section 1 (1) and Section 2(1), but the Council are left with no discretion as to the size of the Committee. They must comply with the The (irganisaiion Establi^lutient [^Provincial'\ Order. 11 Article III. — Note — terms of tlie Order. Moreover the procedure of the Committee is» prescribed by the Order [Article X] and not left to the Council to prescribe. Therefore: — "Unless the liules (made under Article X.) so require, it will not l)e necessary that the Acts of the Committee should be submitted for confirmation to the Council by wliom thej- are ai)pointed." (L.CB.C.L., with Regulations lOtb October, 1905). ('^). Notice of Council Meeting at u-hich ajfjiointment is to be made. See Note (4) to Article III of the London Order and read Note a.s if inserted here. ("oj. Removed of difficidties in establishment of Comviittee, ( Bramley Hoi beck Hnnslet... 2 1 2 — — Leeds — 9 — — 18 14 40 The Organisation Establishment [^Provincial] Order. Schedule— Boroughs— 85 Borough. Number of Members appointed. From Persons Poor Law Union From From experi- wholly or partly in Council Guard- enced Total Borough. ians. in ReUef of Distress Leicester ... .. Leicester .. 16 12 7 8o Liverpool ... r Liverpool \ Toxtetli Park ( West Derby IS 5 2 7 8 "^ 14 40 Manchester... ( Chorlton < Manchester ( Prestwich 18 6 5 3 8 :■ 14 40 Middlesbrough .. Middlesbrough .. 12 8 5 25 Newcastle- upou-Tyne. r Newcastle- — ■ -j upon-Tyne. (. Tyneniouth ... — 16 11 1 7 : 12 35 Newport (Mon.) .. Newport (Mon ) l--^ 8 5 25 M orthainpton f Hardingstone \ Northampton 12 1 7 5 — 8 25 Korwicli .. Norwich .. 14 10 6 30 Nottingham .. Nottingham .. 16 12 7 35 Oldham ... .. Old ham... .. 14 10 () 30 Plymouth ... .. Plymouth .. 14 10 6 30 Portsmouth .. Portsmouth .. 14 10 6 30 Preston .. Preston ... .. 14 10 6 30 Reading .. Reading .. 12 8 5 25 Kochdale ... .. Rochdale .. 12 8 5 25 86 The Orgcmisation Establishment \_Provinciar] Order. Schedule— Boroughs- Number of Members appointed. From Persons Poor Law Union From From experi- Borough. wholly or partly in Council Guard- enced Total. Borough. ians. in Relief of Distress Rotherham . Rotherham 12 8 5 25 St. Helens . Prescot 12 8 5 25 Sal ford . Salford 16 12 7 35 Sheffield ... 1 ' Ecclesall Bierlow. Sheffield IS 6 8 8 14 40 Smethwick . King's Norton... 12 8 5 25 Southampton «! ' Southampton ... [ South Stonehani. 14 6 4 6 — 10 30 South Shields .. South Shields ... 14 10 6 30 Stockport ... .. Stockport 12 8 5 25 Stockton-on-Tees .. , Stockton 12 8 5 25 Sunderland ,. Sunderland 14 10 6 30 Swansea ... .. Swansea 12 8 5 25 Tynemouth .. Tynemouth 12 8 5 25 Walsall .. Walsall 12 8 5 25 Warrington . Warrington 12 8 5 25 West Bromwich .. . West Bromwich. 12 8 5 25 West Ham... .. West Ham 16 12 7 35 West Hartlepool.. .. Hartlepool 12 8 5 25 Wigan .. Wigan 12 8 5 25 Wolverhampton . .. Wolverliampton. 12 8 5 25 York .. York 12 8 5 25 The Organisation Establishment [^Provincial] Order. 87 Urban Districts. Number of Members aDpointed, Urban District. Poor Law Union wholly or partly in Urban District. From From Council Gua'd ians. From Persons experi- enced inRelief of Distress Total. Handswortli West Broniwic] (Stafford). 1 12 8 5 25 King's Norton aiK Northtield I King's Norton.. . 12 8 5 25 Ley ton .. West Hani 12 8 5 25 Merthyr Tydfil .. Merthyr Tydfil. . 12 8 5 25 Rhondda ... .. Pontypridd . 14 10 6 30 Tottenham... .. Edmonton . 14 10 6 .SO Wallasey ... .. Birkenhead . 12 8 5 25 Walthanistow .. West Ham . 12 8 5 25 Willesden ... .. Willesden . 14 10 6 30 Given under the Seal of Office of the Local Government Board, this Twentieth day of September, in the year One thousand nine hundi^ed and five. S. B. Pkovis, Secrotai'v. G. W. BALFOUR, . President. 88 "THE REGULATIONS (ORGANISATION FOR UNEMPLOYED) 1905." Introductory Note. " The Organisation (Unemployed Workmen) Es- tablishment Order, 1905" applies to London. "The Urban Distress Committees (Unemployed Workmen) Establishment Order, 1905 " applies to every Municipal Borouo'h and Urban District outside London with a population according to last census of not less than 50,000. The follo'.ving Regulations prescribing the "Powers and Duties of Distress Committees and of the Central Body " apply not only to the areas mentioned in the two aforesaid Orders, but as will be seen from the Bodies 'to whom the Regulations are addressed, to the whole of England and Wales. Such Regulations, however, are not applicable in all areas alike ; for instance, they include provisions relating to Special Committees (Section 2 (3) of the Act) where a Central Body or Distress Committee under the Act have not been established. The Regulations {Organisation for Un'mploi/ed) 1905. 89 ^0 ever-Q Central ^065 under the Unem- ployed Workmen Act, 1905 ; — To every Distress Committee and to eveiy Special Committee under that Act ; — To the London County Council ; — To the Councils of all other Administrative Counties ; — To the Mayor, Aldermen, and Commons of the City of London in Common Council assembled ; — To the Mayor, Aldermen, and Councillors of each Meti'opolitan Borough ; — To the Council of every Municipal Borough or Urban District to which the said Act applies ; — And to all otheis whom it may concern. WHEREAS for the purposes of organisation with a view to the provision of employment or assistance for unemployed workmen in proper cases the Unemployed Workmen Act, 1905, provides for the establishment of Central Bodies and Distress Committees for London and for certain Boroughs, Urban Districts, and other areas, and for the constitution of Special Committees by the Councils of Counties and County Boroughs in certain cases ; 90 The Regulations {Orgnnisation for Unejnploi/ed) 1005. And -whereas by Section 4 (3) of the said Act it is enacted as follows : — " (3) The Local Government Board may make " regulations for carrying into effect this Act, " and may by those regulations, amongst other " things, provide — " (u) for regulating, subject to the provisions " of this Act, the conditions under which any " application may be entertained by a Distress " Committee under this Act, and the conditions " under which a Central Body may aid emigration " or removal, or provide or contribute towards the " provision of work under this Act, and otherwise " for regulating the manner in which any duties " under this Act are to be performed or powers " exercised by any Central Body or Distress " Committee or Special Committee under this " Act ; and " (h) for authorising the establishment, with " the consent of the Local Government Board, of " farm colonies by a Central Body established " under this Act, and the provision, with the like " consent, by such a body of temporary accommoda- " tion for persons for whom work upon the land is " provided ; and " (r) for authorising and regulating the " acquisition by a Central Body of land by " agreement for the purposes of this Act, and " the disposal of any land so acquired ; and The Regvlations {Orgcniisatioii for Unemployed) 1905. 91 " (tZ) for the employment of officers and 'provision of offices, and for enabling any ' inspector of the Local Government Board to ' attend the meeting- of any body or committee ' established under this Act ; and " (e) for authorising the acceptance of any ' money or property by a Central Body established ' under this Act, and for regulating the adminis- ' tration of any money or property so acquired ; ' and " (/) for the payment of any receipts of a ' Central Body to the Central Fund, and for the ' apportionment, if necessary, of those receipts ' between the Voluntary Contribution Account ' and the Rate Contribution Account of that ' Fund ; and " {g) for the audit of the accounts of any ' Central Body established under this Act in the ' same manner and subject to the same provisions ' as to any matters incidental to the audit or ' consequential thereon as the accounts of a ' County Council ; and " (/i) for enforcing the payment of contri- ' butions by any Councils liable to make such ' contributions in pursuance of this Act, and for ' authorising and regulating the borrowing of ' money by a Central Body established under ' this Act ; and 92 The Regulations {Organisation for Unemployed) 1905. " (i) for facilitating the co-operation of any " body or committee having powers under this " Act for any area with any other body or " committee, or Avith any local authority, and " the provision of assistance by one such body or " committee to another; and " (^*) for applying, with the necessary adapta- " tions, to a Disti^ess Committee having the powers " of a Central Body regulations relating to a " Central Body ; and " (l) for the holding of local inquiries by the " Local Government Board for the purposes of " this Act, and for requiring returns to be made " to the Board by any body or committee having " powers under this Act ; and " (in) for the application for the purposes of " this Act, as respects any matters to be dealt " vpith by the Regulations, of any provision in " any Act of Parliament dealing Avith the like " matters, with any necessary modifications or " adaptations." NOW THEREFORE, for carrying into effect the Unemployed Workmen Act, 1905, We, the Local Government Board, in the exercise of Our powers in thai behalf, Do hereby make the following Regulations, that is to say : — The Kegidatioun (Orffaiiisnfioii for Unchijiloycd) 1D05. 93 Articlb I. (1) In these Regulations, unless the interpre- , • , J • tation and contrary intention appears — effect of Regulations (a) Words importing the masculine gender in- clude females; (h) Words in the singular include the plural, and words in the plural include the singular; (c) The expression " the Act " means the Unem- ployed Workmen Act, 1905 ; {(T) The expression " Local Exchange " means a Labour Exchange, or an Employment Re- gister (whether in the form of a Labour Bureau, or in any other form) having for its object the supply of information either by the keeping of registers or otherwise res- pecting* employers who desire to engage workpeople and workpeojjle who seek engage- ment or employment ; and {e) The expression "Central Exchange" means a Labour Exchange having* for its object the co-ordination, or circulation of, or other dealing with information collected by two or more Local Exchanofes. (2) These Regulations shall have effect subject to the provisions of the Act. 94 The Regulations {Organisation for Unemployed) 1905. Conditions affecting applications to Distress Committee, and cases referred to Central Body. Article II. (1) The conditions under which an application may be entertained by a Distress Com- mittee under ihe Act shall be as follows : — (i) An applicant shall make his application in person to an officer, or to a member, or to any other person authorised by the Distress Com- mittee to receive and investigate applications ; and shall also, if so required, attend, for the purpose of his application, any such meeting of the Distress Committee or of a Committee of the Distress Committee, as the Distress Com- mittee or Committee appoint. (ii) An applicant shall answer all questions put to him and shall supply all such information as may be required by the Distress Committee, by a Committee of the Distress Committee, or by an officer, a member, or any other person authorised by the Distress Committee with respect to the applicant or any of his depen- dants, or with respect to any other matteis concerning which the Distress Committee or the Committee, or the officer, member, or other person may need information for the purposes of the Act or of any Regulations under the Act. (iii) An officer, a member, or any other person authorised by the Distress Committee to receive and investigate applications, shall visit and make inquiries at the home of the applicant for the verification of the statements Tlie EeQ^dations {Oryanisation Jor Uncm^iloyed) 1905. 95 Art. II. of the applicant, and shall also, Avhere the circumstances so require, with the same object, communicate with a Board of Guardians or with any other body, authority, or pei'son able to supply useful information with respect to the applicant. {'l) When Applications are to be received. In the Circular Letter, sent with the Resrulations. to "London, City pnd Metropolitan Borouq^hs" (10th October, 1905) the Local Government Board state that: — "Section 1 (2) of the Act directs that the Distress Com- mittee shall make themselves acquainted with the con'litions of labour within their area, and, when so required hy the Central Body, shall receive, inqi^ire into, and discriminate between any applications nude to them from persons unemployed. " It will be observed that this latter duty is only to be performed by the Distress Committee ivhen they are required so to do hy the Central Body. The Board think that the Committee should not be required to receive applications irrespective of the state of trade or employment which may prevail at any given time, and that when the Central Body impose this require- ment upon a Distress Committee they should do so for a period fixed by them according to the circumstances then existing. In the Circular Letter, of the same date, sent with tne I'egulations, to the Councils of populous Borough and Urban Districts in the Provinces, the Board observed that — "The Distress Committee established by the Order will have the same powers and duties, so far as applicable, as are given by the Act to the Distress Committees and Central Body in London, and Article XXI. of the Regulations provides that, so far as they relate to a Central Body, the Regulations shall apply, with the necessary adaptations, to every Distress Committee having the powers of a Central Body. '• It will be the duty of the Distress Committee to make themselves acquainted with the conditions of labour within their area, and also to receive, inquire into, and discriminate between any applications made to them from persons unemployed. As regards this latter duty, the Board think that it will be competent to the Committee to determine from time to time whether applications should be received by them, regard being had to the state of trade or employment then prevalent, and to fix a period during which a])plications will be received." 96 Tlie lirgulation:^ {Organisafion for Unemj)loyed) 1005. Art. IT. — Note — (2) Conditions affecting applicationa to Distress Coiiimittecs. Section 4 (3), (a) of the Act empowers thf> Local Govern- ment Bonrd to make Regulations "for regnlntinc^, subject to the provisions of the Act, the conditions under which any application may be entertained by a Distress Committee under this Act." As to these conditions see notes below so far as they relate to Article II. (3) The minimum questinns to applicant. For the minimum of questions which an applicant may be required to answer see the Record Paper given in the Schedule in the Regulations. (4) Unemployed WorTcwc7nen cbs ivcll as Unemployed Men may apply. Unemployed workwomen, although not mentioned in the Act, are brouirht in by the operation of " The Interpretation Act, 1889" (52 and 53 Vic, c. 63) Section 1 (1), (a), where it is enacted that " words importing the masculine gender shall include females unless the contrary intenfion appears." Article I. (1), (a), of the Regulations is in accordance. (5) Applicant's " Dependayits." Neither the Act nor the Regulations define the expression " Dependants." Under "Lord Campbell's Act" (9 and 10 Vic, c. 93) — an Act for compensating the families of persons killed by accidents — the expression "dependants" means wife, husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, and step-daughter (Sections 2 and 5). Under the Poor Law Acts liability for maintenance attaches to a person, male or female, for chargeable wife or husband, parents, children, and grandchildren ["Poor Law Relief Act, 1601 " (43 Eliz., c 2, s. 7) ; "Poor Law Amendment Act. 186S " (31 and 32 Vict., c. 122, s. 37); "Married Women's Property Act, 1882" (45 and 46 Vic, c. 75, s-s. 20. 21) ; " Poor Law Amendment Act, 1834 " (4 and 5 Will. IV., c 76, s-s. 57 and 71) ; " Bastardy Law Amendment Act, 1872" (35 and 36 Vic, c 65, s. 4)]. Under "The Workmen's Compensation Act, 1897" any question as to who is a "dependant" is, in default of agreement, to be settled by arbitration. It is submitted that the term either under the Act or Regulations should be as broadly interpreted as legal or moral liability requires. It may be pointed out that question 13 of the Record Paper in the Schedule to the Regulations mentions wife, children, " and other dependants." The Regulations {Organisation for Unemployed) 1005. 97 Art. II.— Note — (6) Delegation of Applications to Sub- Committee. Article XIV. of the London Organisation Order and Article X. of the Provincial Organisation Order enable a Distress Committee to delegate " with or without any restrictions or conditions, any of their powers and duties " to a Committee or Committees appointed from their members. In the Circular Letters accompanying the Regulations such Committees sire termed Sub-Committees. (iv) In the case of each applicant the Disti-ess Committee shall call for and consider the Record Paper which, in pursuance of these Regulations, has been provided and is in use in relation to the case, and shall satisfy themselves : (a) That the applicant is of good character ; (b) That he has not from any soui^ce sufficient means to maintain himself and his dependants; (c) That he is not, and has not been during the period of twelve months immediately pre- ceding the date of the application, in receipt of relief (other than medical relief) at the cost of the poor rate ; (d) That he has not in two successive periods of twelve months immediately preceding the date of the application, been employed on work provided by a Central Body, or on work towards the provision of which a Central Body have contributed ; and . (e) That his case is in other respects one which the Distress Committee, with due observance of the requirements of the Act, may propei-ly entertain. a 98 The Regulations {Organisation for Unemployed') 1005. Art. II.— Note— {1) Class of Applicants to ivhom the Act applies. In the Circular Letter, sent with the Resrulations, to "London, City, and any Metropolitan Boroucjhs," on 10th October, 1905, the Local Grovernment Board state that — "The Act [Section 1 (2)] expressly provid»^s that a Distress Committee shall not entertain an application from any person unless they are satisfied that he has resided in London for such period, not being less than 12 months, immediately Viefore the application as the Central Body fix as a residential qualification. Under Paraojraph (iv.) (e) of Ai'ticle II. (1) of the Regulations, it will be the duty of the Committee to satisfy themselves that this pr )hibition is not infringed, and also that the conditions mentioned in Section 1 (3) of the Act are fulfilled, viz. : — (1) That the applicant is honestly desirous of obtaining work. (2) That he is temporarily unable to do so from exceptional causes over which he has no control ; and (3) That his case is capable of more suitable treat- ment under the Act than under the Poor Law." Similar observations to the foregoing are made by the Board in their Circular Letter of the same date, sent with the Regulations, to the Councils of populous Boroughs and Urban Districts in the Provinces. In such ar^as the area of residence is to be the area of the Distress Committee, and the Distress Committee are to fix the residential qualification, though n"t at less than 12 mouths fAs to discrimination in cases see Note to Article II. (2)]. (2) Poor Law Relief Disqualification. An application from any person — male or female — who ic, or has been during a period of 12 months (calendar months — Art. II.) immediately preceding date of the application, in receipt of Poor Law Relief (other than IMedical Relief) is not to be entertained by the Distress Committee. On the face this Regulation may appear harsh, seeing that (1) Section 1 (7) of the Act preserves ^he franchise to persons who may be assisted; and (2) that food provided to school children under the recently issued Order of the Local Government Board re Underfed School Children is relief to the father. " Poor Law Amendment Act, 183-i" (4 and 5 Will. IV., c. 76, s. 56). The justification for the Regulation apparently lies in the fact that a status of irremova- bility [See Note 2 Article II. (2)] may be gained by residence The Regulations {Organisation jor Unemployed) 1905. 99 Art. II.— Note— for the aggregate period of a year, made up of shorter periods during which no relief is received [Ipswich Union v. West Ham 52 L. T. 469] therefore if the Distress Committee were to enter- tain applications from persons who, though they had been resident in the district for more than twelve months, had not obtained a status of irremovability, and such persons received assistance by being found work, that assistance might enable them to get the status of irremovability with the consequence that should such persons subsequently become chargeable as paupers the Board of Guardians in whose area the status had been obtained would not be able to shift the charge to the Union in which the Parish of settlement was situate. Medical Relief is defined by "The Medical Relief Dis- qualification Removal Act, 1S85 " (48 and 49 Vict., c 46, s. 4) as "all Medical and Surgical attendance, and all matters and things supplied by, or on the recommendation of the Medical Officer having authority to give such attendance and recom- mendation at the expense of any Poor Rate." (3) " Ca!epend'int<. See N(.te 5 to Art. IF. (1). 108 TJie Regulations {Organisation Jor Unemployed) 1905. Conditions ARTICLE V. The conditions under which a Central ftffectiiig assistance Body may provide or contribute towards the provision Body in the ,)f work Under the Act shall be as follows : — rorm ot temporary work. (i) Where the Central Body provide or conti'ibute towards the provision of temporary work for any person, the Central Body shall employ or arrange for the employment of the applicant on such terms as will enable them to enforce, and they shall, as occasion requires, enforce the observance of the following restrictions, namely : — Note. — Article V. (1) In the Circular Letter of the 10th October, accompanying the Regulations to London, City and Metropolitan Boroughs, the Local Government Board referring to the restric- tions in this Article state that " It is important that they should be carefully studied by the Central Body." They make the same observation in their Circular Letter of the same date to the Provincial populous Boroughs and Urban Districts, substi- tuting therein as the case requires " Distress Committee for Central Body." (a) That the work shall have for its object a purpose of actual and substantial utility ; Note. — Article V. (1) (a) Ajjparently work need not necessarily be of public utility — See Note below under paragraph (v). as to work done for private person. (6) That each person employed on the work shall throughout his employment be subject to effectual supervision; The Reyul((tio)>s {Organisaiion for Unriiij/loi/cd) 1905. 109 A.rt. V. (c) That each person employed on the work shall perform every task allotted to him with diligence, and shall throughout his employment attain a standard of efficiency such as, with due regard to his ordinary calling or occupation, and his age and phy- sical ability, may properly be required of him ; {d) That each person employed on the woi'k shall, as far as possible, be afforded continuous occupation thereon day by day, with such absence only as may be needed to facilitate his search for regular work or other means of supporting himself; Note. — Article V. (1) {d) It will be advisable for Central Body or Distress Committee as the case may be, to make a Kegulation of their own as to what absence will be allowed, and that the •workers should be supplied with a print of it. (e) That where the Central Body provide or contribute towards the provision of tem- porary work necessitating, during a period or a succession of periods comprising in each case four consecutive days at the least, con- tinuous absence from home of the person employed and he has a wife, child, or other dependant, the Central Body shall satisfy themselves that the cost of the lodging and maintenance of the wife, child, or other dependant will be defrayed by deduction 110 The Regulations (^Organisation Jor Uneynployed) 1905. Art. V. from the remuneration of the person em- ployed, and that he has made or will make every such agreement or arrangement as may be needed to give full effect to this restriction; Note. — Article V. (1) (e) The agreement or arrangement should be made and completed in writing at the time of the worker's engagement. The Central Body or the Distress Committee, as the case may be, should ensure an arrangement by which those in whose behalf the deduction is made will obtain the benefit of it with all due despatch and convenience so as to avoid any risk of application to the Guardians for relief. As to rate of the worker's remuneration See Condition {g). For the ex- pression "dependants" See Note (5) to Article II. (1) (i). (ii). Uii). (/) That where the person employed has no wife, child, or other dependant, or has a wife, child, or other dependant, but is not employed on temporaiy work necessitating, during a period or a succession of periods comprising in each case four consecutive days at the least, his continuous absence from home, the total remuneration of that person for any given pei-iod of continuous work shall be less than that which would under ordinary circumstances be earned by an unskilled labourer for continuous work during the same period in the place at which the work is provided ; and Note. — Article V. (1), (/"), (.g) In the Measure as originally introduced it was provided that the total weekly remuneration for any temporary work provided for the unemjDloyed should " be less than that which would under ordinary circumstances be earned by an unskilled labourer for a full week's work." The Act does not contain this condition. In effect, therefore, what was Tlie Rc'julatU ns {Qr^ci)iisntio)i Jor Unevijjloycd) 1905. Ill Art. v.— NoTB — taken out of the Measure has been put back by the Eegulations. The Local Government Board in doing so have, however, not gone outside their legislative authority [See Section 4 (3), {(()']. The restrictions imposed by the Regulations not only necessitate that the worker, irrespective of the work he does, shall be paid less than the unskilled labourer, but they also necessitate different treatment between single men and men with families who are sent to work at such distance as involves absence from home for more than four consecutive days, and men with fjimilies sent to woik at such a distance, and men with families not so sent. Clearly the Central Body, or Distress Committee, as the case may be, should determine upon such a rate of remuneration as on the one hand will not be a breach of the restrictions, and yet on the. othfr hand avoid anomalies. Taking restriction (/) with restriction {g), it is quite possible for an anomaly to arise, e.g. — If a single man and a married man are provided with temporary work at such a distance from home that absence of both from home is necessitated for a longer period than "four consecutive days," the remuneration of the single man is to be less than that of the unskilled labourer where the work is, but that of the mrrried man is to be less than that of the unskilled labourer where the family remain. If, therefore, the remuneration of the unskilled labourer in the district where the wcrk is provided is higher than that where the married worker's fi mily remain, the single man, may, unless a difference is made by the Central Body or Distress Committee to correct the anomaly, receive mere than the mairied man. (g) That where the person emploj^ed has a wife, child, or other dependant, and the remuneration of that person is subject to deduction for the purpose of defraying the cost of the lodging and maintenance of the wife, child, or other dependant, the total remuneration of the said person for any given period of continuous work shall be less than that which would under ordinary circum- stances be earned by an unskilled labourer for continuous work during the same period in the place at which the wife, child, or other dependant is lodged and maintained. 112 The, Regnlationt {Organisation for Unemjdoyed) 1D05. Art. V. (ii.) Where the Central Body contribute towards the provision of temporary work, their contribution shall be made on terms which will enable them to exercise, and they shall, as occasion requires, exercise the right to withhold the contribution or any part of the contribution on proof to their satisfaction tliat any restriction mentioned in Condition (i.) has not been observed. Note. — Article Y. (1) (ii). This should be inserted as one of the terms of the Contract made by the Local or Public Body — See Note below to ynb-division (v). (iii.) Where the Central Body provide or contribute towards the provision of temporary work in any particular case, the Central Body shall cause all such facilities as, in their opinion, are reasonable to be afforded for the purpose of putting the person for whom temporary work has been provided in a position to obtain regular work or other means of supporting himself. The Central Body, when satisfied that a person for whom temporary work has been provided has neglected to make proper use of the facilities afforded for the purpose of putting him in a position to obtain regular work or other means of supporting himself, or that the person has, without reasonable excuse, neglected or refused to avail himself of an offer of regular work or of other means of supporting himself, shall put an end to the provision of temporary work for that person. The Regulations {Organisation Jor Unemployed) 1905. 113 Art. V. — Note — NoTK. — Article V. (iii). The facilities to be allowed in behalf of the worker are such as are required by Sect. 1 (5) of the Act. (iv.) The Central Body may, in the case of a person for whom temporary work has been provided, put an end at any time to the provi.sion of temporary work for that person, and shall in no case continue the provision of temporary work for more than sixteen weeks in any period of twelve months except with the consent of the Local Government Board. (v.) The Central Body shall contribute towards the provision of temporary work in those cases only in which the work will be provided by a Local Authority or Public Body. Note. — Article V. (v). On Sub-division (v). of the Article the Local Government Board in their Circular Letter of the 10th, October, 1905, to the London, City and Metropolitan Boroughs, observe " 'I'hat, whilst it will not be competent for the Central Body to contribute towards the pi'ovision of temporary work where work is provided by a private person, it is not intended to imply that under no circumstances is work to be done by the Central Body for a private person. But in any such case the Central Body must themselves provide the work, i.e., they must be the employers and responsible for the conditions of the employment as between themselves and the persons employed. " Where the Central Body propose to contribute towards the provision of temporary work by a Local Authority or Public Body, it would appear to be desirable that an asj^reement should be entered into Vjetween the Central Body and the Authority con- cerned, and that the aj^reement should contain a stipulation for some recoupment to be made to the Central Body on account of the services of the workmen in respect of whom they contribute towards the work. The value of these services should be repre- sented by a sum which should either be fixed by the agreement itself or be determined by some easy method specified in the agreement. H 114 Tlie Regulations {Organisation ;f or Unemployed) 1905. Art. v.— Note— " Where the Central Body are themselves the employers, but the wi'rk is for the benefit of some tliii'd party, the same general principles will apply." The snme observations are made in the Circular Letter sent to the Provincial populous Boroughs and Urban Districts on the same date, " Distress Committee" being named in that Letter for •' Central Body " iu the Loudon Circular. General Note on Above. Women as well as men may be provided with wnrlc. See Note 4, Article II. (1) (i). (ii). (iii). Also see Article XXI. in reference to expression " Central Body." (vi.) In every case in which the Central Body pro- vide or contribute towards the provision of temporally work, the provision of temporary work shall be subject to this Regulation, and the conditions specified in this Regulation shall form part of the terms and conditions of the employment of any pei-son under tlie Act or these Regulations. Article VI. (1) A Distress Committee shall form Record ■ ^ Tnci'^^ "* ^'^'^ and keep a current record of every case in which they receive, inquire into, or entertain an application under the Act. (2) For those purposes, the Distress Committee shall provide for use in accordance with this Regulation a sufficient suppl}' of Record Papers in the form set forth in the Schedule to this Order. (3) All such particulars as are indicated in the Form in the Schedule to this Order and are appi-opriate to the circumstances of each case shall be entered, from time to time, and as soon as possible, upon the Record T/ie Eeytdatioiis {Orgaiiitiation for Unemployed) 1905. 115 Art. VI. Paper relating to the case by an officer or by a member or by any other person authorised by the Distress Com- mittee, by the Central Body or by a Committee of the Distress Committee or of the Central Body, according as the circumstances or any directions or regulations of the Distress Committee or of the Central Body require ; and, in other respects, the Record Paper shall be used in accordance with the instructions in the said Form. (4) The Distress Committee shall retain in their custody the Record Paper relating to every application which they receive, inquire into, or entertain under the Act, and which has not been made in a case referred under the Act to the Central Body. Where a case is referred under the Act by the Distress Committee to the Central Body, the Record Paper relating to the case shall be transferred by the Distress Committee to the Central Body, and shall be retained in the custody of the Central Body. (5) The Distress Committee and the Central Body shall each provide and by alteration, addition, or other- wise shall each keep at all times ready for use an Alphabetical Index to the Record Papers retained in their custody. NoTK. — Article VI. — The Circular Letters (10th October, 1905) of the Local Government Boai-d sent to London, City and Metropolitan Boroughs, and to Provincial populous Borouiyhs and Urban Districts, with the Regulations, state that : — " It is intended that there shall be a Record Paper for each Case." They further state (Circular to the Provinces) that the Record Paper is to be liept up to date. By "keeping up to date" should be under- stood that after the original decision or action on the case, which must be duly recorded, punctual recoi'd must be made of the " after history of the case " [See part II. of the Record Paper in the Schedule], as auch history becomes known. The 116 The Ilegulatiovs {Organisation for Unemjiloyed) 1905. Art. VI. — NoTK — Board in such Circular Letters point out that an Alphabetical Index is required, " In order that the Record Paper in any particular case may be readily found." The Transfer of Kecord Paper to Central Body (second paragraph of sub-division (4) will be necessary for the assistance of the Central Body [See sub-division (3) of Article II.]. Of course where a Distress Committee have the powers of a Central Body [See Article XXI.] no transfer is necessary. Article VII. A Distress Committee and a Central Body shall each keep a Register. The Register shall he in such form as the Distress Committee or the Central Body think fit, subject to the condition that the form shall be so arranged as to be suitable for recording the names and addresses, and the trade, calling, employment or octcupation of each person from whom the Distress Committee have received an application, and such other particulars as the Distress Committee or the Central Body, as the case may be^ cause to be extracted from any Record Paper which relates to the application. Note— Article VII. — In the Circular Letters, mentioned in Note to Article VI., the Local Government Board say that "It will be in the discretion of the Committee to determine the form of the Register " — so long, of course, as it is so arranged as to be suitable for the recording of particulars required by the Regulation. The Regulation is that "The Register shall be in such form as the Distress Committee or Central Body think fit, subject, etc." The Regulation is worded so that both Distress Committee and Central Body may each have their own form. In actual working this may be necessary as the Central Body may have to deal with cases migrating from one Com- mittee to another in the area of the Central Body. It is advisable that the form of Register should be the same for all Committees within the area of a Central Body. For the Central Body's power of co-ordination, see Section I. (4) of the Act. The Board point out [London Circulnr] that the Distress Committee on Reference of case to Central Body will have to part with the Record Paper, but by means of the Register should be able to refer to circumstances of any particular case, if they desire to do so. The Regidntlon.s {Oryruiisat'wii for Unevi ployed) 1905. 117 Article VIII. (1) Before a Central Body proceed ^^^^f" to establish a Farm Colony, the Central Body shall ^^f^y^ obtain the consent of the Local Government Board. (2) Every application by a Central Body for the consent of the Local Government Board to the estab- lishment of a Farm Colony on laud purchased by iigreement, or taken on lease for that purpose, or to the establishment of a Farm Colony on land accepted by the Central Body as a donation, shall be accompanied by particulars showing : — (i.) What is the greatest number of persons pro- jjosed to be admitted at any one time to the Farm Colony ; (ii.) What will be the arrangements for housing and maintaining the persons admitted to the Fai-m Colony and any officers of the Central Body ; (iii.) What is the total area of land which will be available for pi-oviding temporary work for persons admitted to the Farm Colony ; and (iv.) What part of this area comprises arable land, jjasture land, land under some other form of cultivation, or uncultivated land. (3) The Central Body shall, at the same time, furnish the Local Government Board with a statement which will give in relation to any land proposed to be .acquired or to be used for the purposes of a Farm 118 The Begulationa {Organmiilon for Unemployed) 1905. Art. VIII. Colony, the effect of the terms and conditions of acquisition or use and of the covenants and customs applicable to the land as an agricultural holding, and which will enable the Local Government Board to satisfy themselves that due observance of the said terms, conditions, covenants, and customs is compatible with the full and convenient use of the land for the purposes of a Farm Colony. (4) The Central Body shall likewise furnish the Local Grovernment Board with evidence that all ex- penses (other than the establishment charges of the Central Body and their expenses in relation to the acquisition of land) which will be incurred by the Cen- tral Body in connection with the establishment, maintenance, and working of the Farm Colony, the remuneration, maintenance, and accommodation of persons employed, the payment of rates, taxes, or assessments, or for any other purpose in relation to the Farm Colony, may reasonably be expected to be defrayed out of voluntai'y contributions, or otherwise than out of contributions by any Council. (1) The Local Government Board's Observations. In their Circular Letter (10th October, 1905), sent with the Rej^ulations to London, City and Metropolitan Boroughs, the Board made the following observations, viz. : — " Section 4 (3) {b) of the Act enables the Board to provide by the Kegulations for authorising the establishment, with their consent, of farm colonies l)y a Central Body, and Article VIII. of the Regulations prescribes the particulars and informa- tion to be supplied to the Board when application is made to them for their consent. The application should always be made before the Central Body definitely undertake to establish a farm colony. The Regidatioiis [Organisation for Unemployed) 1905: 119 Art. VIII.— NoTK— " The acquisition of land with the consent of the Board for any of the purposes of the Act is one of the matters the cost of which can he defrayed out of the contributions of the Com- mon Council of the City and the Metropolitan Borough Councils. Where there are buildings on the land acquired, they will, of course, pass with it, and will be taken into consideration in determining the amount of the purchase-money or of the rent, as the case may be. Where, however, there is no suitable accommodation on the land for the persons employed on the farm < olony, or the accommodation is insufficient, it will be competent for the Central Body to provide the accommodation required, but the cost cannot be defrayed out of the contribu- tions of the Councils ur out of borrowed money, and must be met from other sources. In some instances it may be practicable for the Central Body to agree with the vendor or lessor 0/ the land that he shall provide the necessary buildings on the land. The purchase- money or the rent would be increased accordingly, and the increased pnrchase-ynoney or rent might be defrayed out of the contributions of the Councils, or in the case of jjurchase- mo7iey, out of a Loan. The agreement might include an, arrangement under vjhich work would be given to a certain number of the unemployed in connection with the erection of the buildings.'^ In their Circular Letter of the same date, sent with the Regulations to Provincial populous Boroughs and Urban Dis- tricts the Board make the same observations, excepting that observations given above in ifcdics are not — for some reason known only to the Board — included in the Provincial Circular. In this Circular Letter the "Distress Committee" are named for " Central Body" [see Article XXL] in the London Circular Letter, and the contributions mentioned are the contrilnitions of the Council by whom the Distress Committee are appointed. For limitations on and ajiplication of any such contributions, see Section 1 (6) of the Act. (2) Co-operation of one Body with another. The establishment of Farm Colonies are undertakings which may in some cases be best secured by a combination of Central Bodies or Distress Committees having the p'owers of a Central Body. This, apparently — as one matter in which com- bination would be advantageous — is pro\ ided for by Article XX. See Note to that Article. (3) Donatio7hs — -See Article XIV. Application of Receipts of Farm Colony — See Article XV. Acquisition of Land and Borroiving — Sie Articles X. and XVIll. Also see Article XXI. 120 Tite Regulations {Organisation for Une7nploi/ed) 1905. Art. Vllf.— Note— (4) Definition oj ^^ Farm Colonies" and purpose. In the House of Lords (Committee Stage) Earl Camper- down pointed ont that there was no delinition in the Measure of the expression "Farm Colonies." In reply, the Marquis of Lansdowne, who had charge of the Measure, said : "I take it that what is intended is that land should be acquired in the country for the purpose of teaching and promoting an interest in agricultural occupations, road-making, and such work as that. I do not think there really is any analogy, or any close analogy, between the case of a farm colony and ordinary allot- ments let to labourers. The farm colony experiment has, in fact, been tried with considerable success at the places to which the noble Lord referred, particularly at the farm colony established by Mr. Walter Long's Central Committee in Suffolk. Tlie object of these farm colonies, I take it, is to provide a place which can be used as a kind of depot for unemployed men whom it is desired to emigrate or remove to other parts of the country, and to whom it is desired to give some kind of instruction in agricul- tural work." [Parliamentary Debates]. Article IX. (1) Before a Central Body proceed to provide temporary accommodation for persons for whom the Central Body provide work upon land, the Central Body shall obtain the consent of the Local Government Board. (2) Every application by a Central Body for the consent of the Local Grovernment Board to the pro- vision of temporary accommodation for persons for whom the Central Body provide work upon laud shall be accompanied by plans, estimates, and particulars showing : — (i.) The situation of the land and the natuie of the work to be provided thereon ; (ii.) The situation, nature, extent, and allocation of tlie temporary accommodation ; The Re'julations (Orrfcinisatiun for Un mployed) 1905. 121 Art. IX. (iii.) The cost of the provision and maintenance of the temporary accommodation ; and (iv.) Such other details as will suffice to indicate that the temporary accommodation is necessary, and will be suitable, and that the resources of the Central Body which are supplied by volun- tary contributions, or otherwise than from contributions by any Council, will be adequate to defray the cost of the provision and main- tenance of the temporary accommodation and all other expenses, including rates, taxes, or assessments, to be incurred in or about the provision and maintenance of the temporary accommodation. {!) The Observation of the Local Government Board. In their Circular Letter (10th October, 1905) sent with the Ee^ auvernment Board under or for the purposes of the Act, subsections (1) and (5) of Section 87 of the Local Grovernment Act 1888, shall apply with the following modification, that is to say : — Subsection (5) shall have effect as if the Councils and other authorities therein mentioned included any Body having powers under the Act, and as if all costs payable by any such Body under the subsection as applied were thereby authorised to be defrayed as establishment charges under the Act. NOTK.— Article XXII.— For the provisions incorporated in this Kegulation see " Enactments incorporated in the Regulations" following the Schedule to the Regulations. Short title. Article XXIII. These Regulations may be cited as " The Regulations (Organisation for Unemployed), 1906." MISCELLANEOUS NOTES. It is enacted by Section 4 (2) of the "Unemployed Workmen Act, 1905," : — "An Order of the Local Government Board under this Act may be varied and revoked by any subsequent Order of the Board made under this Act." In connection with the Regulations contained in the preceding pages, the Local Government Board state that : — "It will probably be desirable hereafter to supplement the Regulations by some further requirements as to returns to be made to the Board, but they have not thought it expedient to deal fully with this subject at the present time." [L.G.B.C.L's. 10th October, 1905.] The Regulatioui! {0 rganisation for Unemployed) 1005. 133 S C H E DU L E . Record Papek. Name of Central Body. § Name of Distress Committee. No. of Application . No. in Register_ § Insert — except where the Distress ( 'ommittee have the powers of a Central Body. 1. Name of Applicant : — Suinaiiie . . . . Cliribtian Names 2. Present Address in full, and Duration of Residence thereat 3. Preceding Address or Addresses in full, and Duration of Residence thereat 4. Age .... - 5. Trade. Calling, Employment, or Occu- pation . - . - - 6. *Condition (Married or Single, Widow or Widower) . . . - 7. Children or other Dependants : — ^ Number, Ages, and Sex Children J *Trade, Calling, Employ- (. ment or Occupation (if any) Other Dependants 8. *Actual Rent and Number of Rooms in Applicant's tenancy No. of Rooms sul)-let (if any) - Deduct Rent for Rooms sub-let Arrears of Rent - - . - *If any infor- mation under rhis head is contained in an oripinalletteror other document, or in a C"py attaclied to i>r inserted in the Api endix, give reference to the Appendix. tHere dist.ing- tiish whether Apphcant has been employed regularly, or, if not, at what time of the year he has been employed. 134 The Regulations {Organisation Jor UnemiJloyed) 1905. Schedule. 9. tNature and Duration of Applicant's last Employment - - - Full Name and Address of Employer - Name of Foreman *If any infor- mation under this head is is contained in an original letter or other document, or in a copy attached to or inserted in the Appendix, sive reference to the Appendix. 10. Date and cause of Termination of Applicant's last Employment - 11. *Rate of Wages and average Weekly Earnings received by Applicant in last Employment . . . . 12. tParticulars of other Employment of Applicant during last Five Years Full Names and Addresses of Em- ployers .... Names of Foremen 13. * Present Income of Applicant and Dependants : — Earnings of Applicant Earnings of Wife Earnings of Childifin Earnings of Other Dependants Receipts from — Club or Society ... Charitable Sources- Other Sources 14. *Relief:— If no Relief has been received by Appli- cant or any of his Dependants If Relief has been received by Appli- cant or any of his Dependants Date of last Receipt From what Poor Law Union 15. *Particulars of Membership, past or present, of Trade or other Provident Society ----- 16. *Applicant's Prospect of obtaining Reg- ular Work or other means of Support- ing himself .... The Reguhdioiis {Orydnisation for Vnemjiloijcd) 1D05. 135 Schedule. 17. Applicant's Fitness — For Work on Land in Rural Area - For Change of Occupation - - Particulars of previous Experience (if any) liS. References to res])onsible Persons — Full Names and Addresses - - ♦Application received by __^ Date II. 19. *Re}iort (with date) on Visit and In- quiries at Applicant's Home by author- ised Oflicer, Member or other Person - . 20 *Report (with date) on Case by author- ised Officer, Mem])er, or other Person- 21. * Reports ftrom References (if any) - 22. Previous Record (if any) of Applicant : — In Record Paper retained by Distress Committee - - - - In Record Paper retained by Central Body In Register .... Elsewhere . . . - 23. Decision or Action on Case (with date)- 24. Record of After History of Case- - . ♦Statements of Applicant, verified by Date III. Appendix. ft ttHere insert a copy of every letter or other document relatin to the case, or attach the original. 136 The Rrgnldtions {Organisatlo^i for Unemployed) 1905. Given under the Seal of Office of the Local Government Board, this Tenth day of October, in the year One thousand nine hundred and five. G. W. BALFOUR, President. S. B. Provis, Secretary. ENACTMENTS INCORPORATED IN "THE REGULATIONS (ORGANISATION FOR UNEMPLOYED), 1905." AcQUisiTiox OP Land. — Article X. of the Regulations. The expression " Lands Clauses Acts," in Article X. of the Reofulations, means : " The Land Clauses Con- solidation Act, 1845 ; The Land Clauses Consolidation Acts Amendment Act, 1860; The Land Clauses Con- solidation Act, 1869, and The Land Clauses (Umpire) Act, 1883, and any Acts for the time being in force amending the same." [Interpretation Act, 1889, 52 and 53 Vict., c. 63— Sect. 23.] Since 1889 there has been only one amending Act passed, namely. The Land Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict., _c. 11.) The 1845 Act was an Act passed "for consoli- dating in one Act certain provisions usually inserted in Acts authorising the taking of Lands for Undertakings of a Public Nature." It is beyond the scope of the •present work to set out at length the provisions of the said Acts applying to acquisition of land for the pur- 138 Enactments Incorporaled in ^^Regulations." Acquisition of Land. poses of the Unemployed Workmen Act, 1905. For the information of members of Distress Committees and Central Bodies it may, however, be pointed out : — (1) Land for the purposes of the Unemployed Workmen Act, 1905, can only be acquired by agreement, i.e., no powers are given to compel owners to sell. (2) The Sections 127 to 131, of the Lands Clauses Consolidation Act, 1845 (8 Yict., c. 18) which Article X. of the Regulations says shall not apply to lands acquired for the purposes of the Unemployed Workmen Act, 1905, contain pi'ovisions for the sale of superfluous land. Sections 150 & 151, also made inapplicable by Article X., contain provisions for deposit, inspection, fl tf) >> ■^ o 'QA i-H 0) a Q^ H Q -00 c 111 E o IL 03 94 o o n c3 O O u a 03 H g.s -en " MO u ^1 II art 1^ to < s ■a mi ;5 Model Rules and Forms. 167 FORM OF DAILY RETURN. Feom Superintendent of Borough Labour Exchange TO Superintendent of Central Exchange. The Centra! Employment Exchange^ 34, Yictoria Street, Westminster, S.W. Report from the Borough of Date The following have registered as Unemployed this day. Signed [Here follows printed list of Trades and Callings. ] 168 Model Rules and Forms. Form op Weekly. Return made by Borough Exchange. "^^Icfropolifan ^oroug^ of MUNICIPAL EMPLOYMENT EXCHANGE. During the Week ended 1905. Males. Females, Fresh Applications Kenewals , Total. Statement showing the Number of each Class of Workers Registered and Engaged during the Week. Divisions op Laboub os Registek Males. Females. [Here follows Printed List of Trades and Callings. ] Reg. Eng. Reg. Eng. Total Number of Persons who have secured Employment during the week through this Agency Number of Employers who have called or written during the week in want of Employees Males. Females, Superintendent. Model Rules and For>ns. 169 rORMS OF MEMOS IN USE AT THE EXCHANGE. 190 Dear Sir, I can place the following : — Please let the aj^plicants ap|)l_v to Yours faithfullv, 190 Dear Sir, I am happy to state that in consequence of information from The Central Employment Exchange I have been able to ]ilace Yours fiLitbl'ullv, THE OUT-DOOR RELIEF ORDERS. The Regulations of the Poor Law Commissioners (now the Local Government Boai^d) relating to Out- door Relief are contained in two orders, viz. " The Out-door Relief Prohibitory Order," and the " Out-door Relief Regulation Order." The " Prohibitory " Order is in operation in over three-fourths of the Unions. The " Regulation " Order is in operation in the other Unions, •which include the Unions of dense populations. Dis- tress Committees should satisfy themselves as to which Order is in operation in their areas respectively. The question of who or who is not able-bodied is one of fact, and not of age. At the time of the issue of 'the Orders, Out-Relief was a parish charge, now it is a Union charge. The two Orders are given hereunder: — OUT-DOOR RELIEF PROHIBITORY ORDER. Issued by the Poor Law Commissioners (now the Local Government Board) 21st December, 1844. Article I. Every able-bodied j;erson, male or female, requiring relief from any Parish within any of the said Unions, shall be relieved onlv in the Workhouf-e The Out-Door Ecllef Orders. l7l Article I. of the Union, together with such of the family of every such able-bodied person as may be resident with him or her, and may not be in employment, and together with the wife of every such able-bodied male person, if he be a married man, and if she be resident with him ; save and except in the following cases ; — r 1st. Where such person shall require relief on account of sudden and urgent necessity. 2nd. Where such person shall require relief on account of any sickness, accident or bodily or mental infirmity affecting such person, or any of his or her family. 3rd. Where such person shall require relief for the purpose of defraying the expenses, either wholly or in part, of the burial of any of his or her family. 4th. Where such person, being a widow shall be in the first six months of her widowhood. 5th. Where such person shall be a widow, and have a legitimate child or legitimate children dependent upon her, and incapable of earning his, her, or their livelihood, and have no illegitimate child born after the commence- ment of her widowhood, 6th. Where such person shall be confined in any gaol or place of safe custody, subject always, to the reofulation containe.l in Article 4. 172 The Out-Door Relief Orders. Article I. 7tli. Where such person shall be the wife, or child, of any able-bodied man who shall be in the service of His Majesty as a soldier, sailor, or marine. 8th. Where any able-bodied person, not being a soldier, sailor, or marine, shall not reside within the Union, but the wife, child, or children of such person shall reside within the same, the Board of Guardians of the Union, accoixling to their discretion, may, subject to the regulation contained in Article IV., afford relief in the Woi-khouse to such wife, child, or children, or may allow out- door relief for any such child or children being within the age of nurture, and resident with the mother within the Union. Article II. In every case in which out-door relief shall be given on account of sickness, accident, or infirmity to any able-bodied male person resident within any of the said Unions, or to any member of the family of any able-bodied male person, an extract from the Medical (Beer's Weekly Report (if any such Officer shall have attended the case), stating the nature of such sickness, accident, or infirmity, shall be specially entered in the Minutes of the Proceedings of the Board of Guardians of the da}^ on which the relief is ordered or subsequently allowed. The Out- Door ReUef Orders. 173 Article II. But if the Board of Guardians shall think fit, a cei-tificate under the hand of a Medical Officer of the Union, or of the Medical Practitioner in attendance on the party, shall be laid before the Board, stating- the nature of such sickness, accident, or infirmitj, and a copy of the same shall be in like manner entered in the Minutes. Article III. No relief shall be given fi^om the poor-rates of any parish comprised in any of the said Unions to any person who does not reside in some place within the Union, save and except in the following- cases : — 1st. Where such person, being casually within such paiush, shall become destitute. 2nd. Where such person shall require relief on account of any sickness, accident, or bodily or mental infirmity, affecting such, person, or any of his or her family. 3rd. Where such pei-son shall be entitled to receive relief from any parish in which he or she may not be i^esident, under any order which Justices may by law be authorized to make. 4th. Where such person, being a widow, shall be in the first six months of her widowhood. 5th. Where such person is a w^dow, who has a legitimate child dependent on her for support, and no illegitmate child born after the commencement of her widowhood, and who 174 The Old-Door Relief Orders. Art. irr. at the time of lier husband's death was resident with him in some place other thau the parish of her legal settlement, and not situated in the Union in which such parish may be comprised. 6th, Where such person shall be a child under the age of sixteen, maintained in a Work- house or Establishment for the education of pauper children not situate Avithin the Union. 7th. Where such person shall be the wife or child residing within the Union, of some person not able-bodied, and not residing within the Union. 8th. Where such person shall have been in the receipt of relief from some parish in the Union from which such person seeks relief, at some time within the twelve calendar months next preceding the date of that one of the several Orders hereinbefore recited which was applicable to that Union, being settled in such parish, and not being resident ■within the Union at the time of +.he allowance of the relief. Article IV. Where the husband of any Avoman is beyond the seas, or in custody of the law, or in confine- ment in a licensed house or asylum as a lunatic or idiot, all relief which the Guardians shall give to his wife, or her child or children, shall be given to such woman in the same manner, and subject to the same conditions, as if she were a widow. I'he Out-Door RelieJ- Orders. 175 Article V. It shall not be lawful for the Guardians, or any of their Officers, or for the Overseer or Overseers of any parish, in the Union to pay, wholly or in part, the rent of tlie house or lodging of any pauper, or to apply any portion of the I'elief ordered to be given to any pauper in payment of any such rent, or to retain any portion of such relief for the purpose of directly or indirectly discharging such rent, in full or in part, for any such pauper. Provided always, that nothing in this Article contained shall apply to any shelter or temporary lodging, procured in any case of sudden and urgent necessity, or mental imbecility, or shall be taken to prevent the said Guardians, in regulating the amount of relief to be afforded to any particular person, from considering the exjDense to be incurred by such person in providing lodging. Article VI. Provided always, that in case the Guardians of any of the said Unions depart in any particular instance from any of the regulations herein- before contained, and within fifteen days after such departure I'cport the same, and the grounds thereof, to the Poor Law Commissioners, and the Poor Law Commissi(mers approve of such departure, then the relief granted in such particular instance shall, if otherwise lawful, not be deemed to be unlawful, or be subject to be disallowed. 176 The Out-Door Relief Orders. Article VII. No relief which may be contrary to any regulation in this Order shall be given by way of loan ; and any relief which may be given to, or on account of, any person above the age of twenty-one, or to his wife, or any part of his or her family under the age of sixteen, under Article I., or any of the exceptions thereto, or under any of the exceptions to Ai'ticle III., or under Article IV., or under the proviso in Article VI., may, if the Guardians think tit, be given by way of loan. Article VIII. Whenever the word " Parisb " is used in tbis Order, it shall be taken to include any place separately, maintaining its own poor, whether parochial or extra-parochial. Article IX. Whenever the word " Union " is used in this Order, it shall be taken to include not only an Union of Parishes formed under the provisions of the hereinbefore recited Act, but also any Union of Parishes incorporated or united for the relief or maintenance of the poor under any Local Act of Parliament. Article X. Whenever the word " Guardians " is used in this Order, it shall be taken to include not only Guardians appointed or entitled to act under the provisions of the said hereinbefore recited Act, but also any Governors, Directors, Managers, or Acting Guard- ians entitled to act in the ordering of relief to the poor from the poor-rates under any Local Act of Parliament. The Out- Door Rplief Orders. 177 Article XI. Whenever in this Order any Article is referred to by its number, the Article of this Order bearing that number shall be taken to be signified thereby. OUT-DOOR RELIEF REGULATION ORDER {Dated iUh Decemher, 1852). Article I. Whenever the Guardians allow relief to any able-bodied male person, out of the Workhouse, one half at least of the relief so allowed shall be given in articles of food or fuel, or in other articles of absolute necessity. Article II. In any case in which the Guardians allow relief for a longer period than one week to an indigent poor person, resident Avithin their Union or Parish respectively, without requiring that such person shall be received into the Workhouse, such relief shall be given or administered weekly, or at such more frequent periods as they may deem expedient. Article III. It shall not be lawful for the Guard- ians or their officers To establish any applicant for relief in trade or business; Nor to redeem from pawn for any such applicant any tools, implements, or other articles ; Nor to purchase and give to such applicant any tools, implements, or other articles, except articles of clothing or bedding whex^e urgently needed, and such articles as are hereinbefore referred to in Ai^ticle I ; 178 The Out-Door Reliej Orders. Art. III. Nor to pay, directly or indirectly, the expense o£ the conveyance of any poor person, unless conveyed under the provisions of some Statute, or under an Order of Justices or other lawful authority or in conformity with some Order or Regulation of the Poor Law Commissioners or the Poor Law Board, except in the following cases ; viz. — Article III. 1st. The case of a person conveyed to or from a district school, or an hospital or infirmary, or a lunatic asylum, or a house licensed or hospital registered for the reception of lunatics ; 2nd. The case of a person conveyed to the Work- house of the Union or Parish in which such person is at the time chargeable ; 3rd. The case of a person conveyed to or from any other Workhouse or other house or establishment for the reception of poor persons, in which for the time being it shall be lawful for the Guardians to place such person ; Nor to give money to or on account of any such applicant for the purpose of affecting any of the objects in this Article mentioned ; Nor to pay, w^holly or in part, the rent of the house or lodging of any pauper, nor to apply any portion of the relief ordered to be given to any pauper in payment of any such rent, The Out-Door Relief Orders. 179 Art. III. nor to retain any portion of such relief for the purpose of directly or indirectly dis- charging such rent, in full or in part, for any such pauper; Provided always, that nothing in this Article contained shall apply to any shelter or tem- porary lodging procured for a poor person in any case of sudden or urgent necessity or mental imbecility. Article IV. No relief shall be given from the poor-rates of any of the said Parishes, or of any Parish comprised in any of the said Unions, to any person who does not reside in some place within such Parish or Union respectively, save and except in the following casefi : — 1st. The case of a person casu.ally within such Parish, and destitute. 2nd. The case of a j)erson requiring relief on account of any sickness, accident, or bodily or mental infirmity, affecting him or her, or any of his or her family. 3rd. The case of a widow\ having a legitimate child dependent on her for support, and no illegitimate child born after the commence- ment of her widowhood, and who at the time of her husband's death was resident with him in some place other than the Parish of her legal settlement, and not situated in the Union in Avhich such Parish is comprised. 180 The Out-Door Relief Orders. Art. IV. 4th. The case of a child under the age of sixteen maintained in a Workhouse or establishment for the education of poor children not situate within the Union or Parish. 5th. The case of the wife or child i-esiding within such Parish or Union of some person not residing therein. 6th. The case of a pei\son who has been in the receipt of relief from such Parish, or from some Parish in the Union from which he or she seeks relief, at some time within the twelve calendar months next preceding the date of this Order. Article Y. No relief shall be given to any able- bodied male person while he is employed for wages or other hire or remuneration by any person. Article VI. Every able-bodied male person, if relieved out of the Workliouse, shall be set to work by the Guardians, and be kept employed under their direction and superintendence so long as he continues to receive relief. Article VII. Provided that the regulations in Articles V. and VI. shall not be imperative in the following cases : — 1st. The case of a person receiving releif on account of sudden and uigent necessity. The Out-Door Rdiej Orders. 181 Art. VII, 2n(i. The case of a person receiving relief on account of any sickness, accident, or bodily or mental infirmity, affecting such person or any of his family. 3rd. The case of a person receiving relief for the purpose of defraying the expenses of the burial of any of his family. 4th. The case of the wife, child, or children of a person confined in any gaol, or place of safe custody. 5th. The case of the wife, child, or children, resident within the Parish or Union of a person not i-esiding therein. Article VIII. The Guardians shall, within thirty days after they shall have proceeded to act in execution of Article VI., report to the Poor Law Board the place or places at which able-bodied male paupers shall be set to work, the sort or sorts of work in which they or any of them shall be employed, the times and mode of work, and the provision made for superintending them while working, and shall forthwith discontinue or alter the same, if the Poor Law Board shall so require. Article IX. No i-elief which shall be contrary to any regulation in this Order shall be given by way of loan, but any relief Avhich may be given in conformity with the provisions of this Order to or on account of any person to whom relief may be lawfully given above the age of twenty-one, or to his wife, or any part of his or her family under the age of sixteen, may, if the Guardians shall think fit, be given by way of loan. 182 The Out-Door Relief Orders. Article X. If the Guardians shall, upon consider- ation of the special circumstances of any particular case, deem it expedient to depart from any of the Regulations hereinbefore contained (except those contained in Article III.): ^^^^ within twenty-one days after such departure shall report the same, and the grounds thereof, to the Poor Law Board, the relief which may have been so given in such case by such Guardians before an answer to such report shall have been returned by the said Board, shall not be deemed to be contrary to the provisions of this Order, and if the Poor Law Board shall approve of such departure, and shall notify such approval to the Guardians, all relief given in such case after such notification, so far as the same shall be in accordance with the terms and conditions of such approval, shall be lawful, anything in this Order to the contrary notwithstanding. Article XL Whenever the word " Guardians " is used in this Order it shall be taken to include not only Guardians appointed or entitled to act, under the provisions of the said hereinbefore recited Act, but also any Governors, Directors, Managers, Acting Guardians, Vestrymen, or other Officers in a Parish or Union, appointed or entitled to act as Managers of the Poor, and in the distribution or ordering of the relief of the Poor from the poor-rate, under any general or local Act. Article XII. Whenever the word "Parish" is used in this Order, it shall be taken to include any place separately maintaining its own Poor, whether parochial or extra-parochial. The Old-Door Relief Orders. 18S Article XIII. Whenever in describing any person or party, matter, or thing, the word importing the singular number only is used in this Order, the same shall be taken to include, and shall be applied to several persons or parties as well as one person or party, and several matters or things as well as one matter or thing respectively, unless there be something in the subject or context repugnant to such construction. Article XIV. Whenever in this Order any Article is referred to by its number, the Article of this Order bearing that number shall be taken to be signified thereby. INDEX. ABBREVIATIONS. " D.C.," Bistress Coininittee. "C.B.," Tentral Body." "I/.G.B.," Local Government Board. " U.W.A.," Uiiemplo.yed Workmen Act. Absence of member of D.C. or C.B. ,, workman, search of Avork ,, ,, from home on work ... Acquisition of Land (see " Land ") Act, duration of Agreement to deduct for family from wages ,, witli Local Authority, contribution for w ,, for working Labour Exchange Alien Applicant for work to attend before D.C. ,, questions to ,, class to which U.W.A. applies ,, residential qualification of ,, false statement by... Application to D.C, when maj'^ be received ,, reference of to C.B. ,, conditions afiecting Audit of Accounts Bankruptcy, disqualification attaching to Boards of Guardians (see " Guardians ") Borough Council to appoint D.C. in London ,, ,, ,, outside London ,, contributions from 21, 26, 31, 126, 145 ,, to fill casual vacancy on D.C. in London ... 49 ,, ,, ,, ,, outside London 78 ,, may apply to have D.C 24 ,) D.C a Committee of ... ... ... 45,47, 76 ,, assistance by, to D.C. or C.B 130 Borrowing Powers 31, 126, 148 PAGE 61 109 109 36 109 113 127, 128 61 94 .".'.' 94 , 96 97 99 103 .'.'. 19 , 95 19, 102 ... 30 , 94 '.'.'. 3] , 125, 138 60 ...18, 42, 45 , 67 ...24, 73, 76 , 83 Index. 185 Cancellation of record on false statement ... Cases : Conyl>eare v. London School Board Ilardwicke v. Brown Hope V. Lady (Sandhurst Ipswicii Union v. West Hani LTnion ... R. V. ]i.iighton, Directors of Poor of ... Coohan Leeds, Mayor, &c. of, St. Marylebone Salop, J.J. ... Stai)leton Tacolneston ... Welshpool, Mayor, &c. of, Richardson v. Methley School Board ... Southan, in re, ez-parte Lamb ... Wellington v. Whitechurch Zouch V. Enipsey Central Bodj', constitution of, in London ... ... 18, 51, 52 ,, ., oulside London ... „ may establish Labour Exchange ... ,, to ordinate action of D.Cs. ... ,, references of cases to ... ,, power of, re emigration „ ,, migration ,, ,, provision of work ,, voluntary contributions to ... ,, inspectors (L (i. B. ) at meetings of ,, dissolution of ... ,, a corporate body (London) ... ,, term of oiiice of members of ,, resignation ,, ,, casual vacancy in ,, notice of such vacancy ,, disqualiti(;ation for meml)erslii[) of... ,, declaration of vacancy by ... ,, appointment of chairman of... ,, meetings of ... ... ... ... ... 62 ,, may appoint committees ,', ,, vice-chairman ... ,, may make rules of procedure ,, removal of difficulties as to establishment of, &c, ,, may .send case back to IXC. ,, cancellation of case record by ,, to furnisii monthly report of cases migrated ,, when may wilidiold contribution towards tem- porary work PAGE 104 62 62 ,, 75 99 101 62 62 101 48 101 101 62 62 47 101 48 !, 55, 56 24 20 20 19, 102 20, 104 20, 105 20, 108 21, 124 30, 124 36 ". 51 , 53 57 57 58 59 59 '. 61 , 62 63 , 04 , 65 64 65 65 66 103 104 105 112 186 Index. PAGE Central Body, to keep index of cases 114 „ to keep register of cases ... ... ... ... 1]6 ,, establishment of Farm Colony by ... ... 30, 117 ,, provision of tenii)orary accoimnothition f jr workers by ."! 30, 120 ,, acqnisition of land by ... 30, 122 ,, appointment of oflicers by 30,123 ,, office accomodation for ... ... ... 30, 124 ,, audit of accounts of ... ... ... ... 31, 125 ,, borrowing of money by ... ... ... 32, 126. 14S ,, may delegate to D.C. control of Liibonr Exchange ... ... ... ... ... 12S ,, niay distribute, »Src., information f(jr unemployed 128 ,, co-operation by and with ... ' ... 130 Central Fund 21,31 See also "Contributions" Chairman, appointment of, by D.C. ... ... ... ... 63, 80 „ ,, C.B. 63 ,, term of office of ...63,80 ,, power of, to summon meeting ... ... ... ... 64, 80 Clerk to Borough Council (see "Town Clerk "). Clerk to Distress Committee, notice of ajipointment of members to be .sent to ... ... ... 50 ,, ,, to give notice of meeting to select for C B 55, 58 ,, ,, to transmit names of selected for C.B. to L.G. U 55 ,, ,, to notify selection of member to clerk to C.B. 58 Clerk to Central Body to give notice of meeting for co-optation on casual vacancy... ... ... ... ... ... ... 58 Clerk to the Guardians to notify selection of Guardians for for D.C 46,50,76,78 Clerk to London County Council to give notice of meeting to select for C.B 55, 58 ,, ,, to tran.smit names of selected persons for C.B. ... 55, 58 Clerk to Urban District Council to give notice of meeting to appoint D.C. ... ... ... 76 ,, ditto re casual vacancy ... ... ... ... 78 ,, to notify Clerk to D.C. of person to Mil casual vacancy ... ... ... ... ... 79 Common Council — London (see under "Borongli Council"). Common Seal ... ... ... ... ... ... ... ... 53 Contributions, voluntary, use of ... ... ... ... 21.124 ,, " from Councils, use of ... ... ... ... 21 ,, apportionment of ... ... ... ... ... 31 ,, recoA'ery of Council's... ... ... ... 31, 126, 145 ,, towards provision of temporary work ... ... lOS PAGK ..32, 130 127 130 '.'. 18 , -y2 .. 18 , 52 ,, 26 56 .. 51 , 03 18 31' 24 24 25 26 .. 60 , 62 96 109, 111 Index. 187 Co-operation between D.C's. and CB's „ re Labour Exchantres, iKrc. ,, re Scheme for approval of 1 J. Ct.B. ... Co-opted members of C.B, ,, proportion of for CB. ,, members of Special Committees ... ,, notice of meeting to co-opt for C.B. Corporate Body, London C.B. a County Administrative, Central Body for London ,, Council of outside London may apply for estal)lishment of organisation ,, Special Committee for ... County Borough of under 50,000 population ,, appointment of Special Committee for (See under Borough.) Crime, disqualification Dependants, meaning of term ,, deduction for from workman's wages Difficulties, removal of in respect of establislnnent of organ- isation, &c 66 82, Discrimination, by D.C 19, 97, 100 Disqualification, from membership of D.C. ... ... ... 59, 79 C.B 59 ,, by poor law relief ... ... ... ... 98 Distress Committee, constitution of, in London ... 18, 42, 44, 45, 67 ,, constitution of, outside London ... ... 24, 73, 83 ,, duties of 19, 102 ,, a committee of tlie council ... ... ... ... 47, 76 ,, term of office of memlterof... ... ... ... 48, 77 ,, resignation of memljer of ... ... ... ... 49 „ casuat vacancy on ... ... ... ... ... 49 ,, to select members to be on C.B. (London) 18, 55, 58 ,, notice of sucli vacancy ... ... ... ... 59 ,, disqualification for mend)ership of... ... ... 59, 79 ,, declaration of vacancy by ... ... ... ... 61, (52 ,, first meeting of ... ... ... ... ... 62, 79 ,, apiiointment of chairman of ... ... ... 63, 80 ,, appointment of vice-chairman of ... ... ... 65, 81 ,, meetings of ... ... ... ... ... ... 64, 80 ,, niay appoint snl)-committees ... ... ... 64, 88 ,, niay mailic Health Act, 1875, s. 205, 124 ; s. 233, 148, 9 ; s. 234, 149 ; ss. 236 to 9, 152 ; s. 247, 140 to 5 ; ss. 249, 250, —145-6 ; s. 292, 146 to 148 ; ss. 293, 4, 5—154 ; s. 296, 155 ; schedule II., 62 Elementary Edncation Act, 1876 s. 10, 22 District Auditors' Act, 1879 140 Municipal Corporations Act, 1882 s. 33, 23 ; s. 22, 65 Married Women's Property Act, 1882 ss. 20, 21, 96 Medical Relief Disqualification Removal Act, 1885 23 ; s. 4, 99 Local Government Act, 1888 ... ... ... ... ... 25 Mortmain and Charitable Uses Act, 1888 — s. 71, 138, 9 ; s. 87, 153 ; ss. 1 & 100, 25 Interpretation Act, 1889 — s. 1, 96 ; s. 3, 101 ; s. 15, 25 ; s. 16, 25 ; s. 23, 127 ^Mortmain and Charitable Uses Act, 1891 .s. 3, 54 I'ublic Health (in London) Act, 1891 s. 80, 23 192 Index. PAGE Elementaiy Education (Blind and Deaf Cluldren Act, 1893 ' s. 10, 23 Isolation Hospitals Act, 1893 s. 23 23 Local Government Act, 1894 — s8. 23, 24—25 ; s. 85. 36 ; s. 86. 37 ; s. 88, 37 ; s. 20-44. 75 ; s. 59, 46 ; s. 46—51, 59 ; s. 23, 75 London Goverament Act, 1899 s. 34, 22 • s. 2 44 Workmen's Compensation Act, 1897 ... ... ... ... 96 Cleansing of the Persons Act, 1897 ... ... ... s. 1 23 Elementary Education (Defective and Epileptic Cliildren) Act, 1S99 s. 8, 23 Elementary Education Act, 1902 ... ... ... s 17 45 Labour Bureau (in London) Act, 1902 lo6 Sub-Committees of D.C. and C.B. appointment of 64, 81 „ ,. powers 65, 81, 94*, 97 ,, ,. quorum 65, 81 Temporary Accommodation for workers on land, regulations 30, 120 ,, meaning of ad jective " tempurary " ... ... 122 Temporary Work, conditions affecting provision of ... 30, 113 Term of Office of members of C.B ... 57 DC 48, 49, 77 Town Clerk to give notice of meeting to appoint D.C 46, 76 ,, ,, to fill vacancy in D.C. ... 50, 78 ,, to clerk to D.C. on vacancy filled 50,79 Tx'ansfer of property and liabilities 29,36 Urban District (Non-Borough) Council, appointment of D.C, in 24, 73, 74, 76, 87 ,, ,, who may apply for a D.C 24 ,, ,, D. C. , a committee of 47 ,, ,, may give assistance to D.C. or C.B. ... 130 Vacancy, casual, in D.C 49, 7S in C.B 58 Vice-chairman, appointment of ... ... ... ... ... 65, 81 Voluntary contributions, purposes of ... ... ... ... 21 ,, adnunistration of ... ... ... 31 ,, for maintenance of Farm Colony ... 118 ,, for provision of temporary accommo- dation 121 Wages (see "Workman"'). / / ^ X'V^ Woman, to be on D.C. and C.B. ..r .T ../(^19, 42, 43, 52, 74 ,, may be assisted under Act... ... ... ,' ... ... 96 Work temporary (see "Temporary Work"). Workman (Unemployed), unem[)loyed, how may be aided 19, 20, 102 ,, ,, conditions as to if provided wnth work 108 >, ,, provision fur family ... ... ... 109 ,, ,, remuneration of ... ... 110,111 „ ,, facilities to, for obtaining regular work 20, 112 „ „ when his employment may be taken away ,,, 112, 113 [See also under "Applicant."] MEUN1VER% ^ ^i i WEUNIVER% A^ f S* ■^/J ^lUBRARYdK I 5 ^ ' mmim^^ ^1