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TO THE EIGHT HONOUEABLE S THE EARL OF HALSBURY, FOR THE THIRD TIME Ul LOED HIGH CHANCELLOE OF GEEAT BEITAIN, THIS WORK IS BY HIS LORDSHIP'S GRACIOUS PERMISSION EESPECTFULLY DEDICATED. CO o 3= acj4.'708 PKEFACE The idea of this work occurred to me in the year 1897 or 1898 and the more I looked into the subject the greater the need for some such book appeared to be. I soon discovered that there were large domains of this kind of law hidden away in but little known statutes and in esoteric Orders and Regulations of various kinds. To redeem these and present them in useful form is the object that I have had in view. Various descriptions have been given of the book or of some of its chapters. Some describe it or parts of it as a collection, some as a compilation and some as an index, while I prefer to call it as a whole a compendium, though it may be in a high state of condensation. Whatever it be I trust it may be of use. To have produced a commentary upon all these laws or even to have produced them in their entirety my six years of research would, I fear, have run into sixteen and this volume would have developed into tomes. It has been difiicult in some instances to decide whether certain Mork ought to be included in a book limited to manual work and labour. Many occupations, such as those of postmen, police and shop hands are on the border line. In such cases I have been influenced partly by the consideration to what extent, if at all, the subject has been treated by other text writers. Provided that a substantial amount of manual work is performed by people belonging to the working classes I have tried to find a place for that work, tliinking it better to err on Vi PREFACE. the side of inclusion rather than incompleteness. Hence there will be found the law relating to inland fishing, to gamekeepers, to organ grinders and to midwives. Trade in itself is not manual, and traders, though it may be thej' do some manual work, like some publicans for instance are not included. On the other hand, pedlars and hawkers, though they are traders, do a con- siderable amount of work and moreover have a law unto themselves that has not been sufficiently written on. A portion of Chapter XI. has therefore been set aside for the statement of that law. There is one important subject which some may be surprised to find is not included and that is Compensa- tion for Personal Injuries. It is true that such com- pensation is a considerable item afifecting the people in their work but I have elsewhere written exhaustively upon this particular branch of the law and to have treated of it here with any degree of adequacy or utility would have unduly and unnecessarily increased the bulk of this volume. Again, the law relating to common carriers is not dealt with though the work of such is largely manual. Whatever may have been the position in 1830, nearly the whole of the carrying trade of the country is now in the hands of large companies. The village carrier of to-day -is not often likely to have entrusted to his care such articles as are included in the Carriers Act, 1830, nor is the law often invoked as between him and his customer. Another matter, the housing of the working classes is omitted, as, although the manner in which workmen are housed greatly affects their health and happiness, it has but a very indirect bearing upon the actual work they do. That branch of statute law may be found in the Housing of the Working Classes Act;— 1890 (53 & 54 Vict. c. 70) ; 1893 (56 & 57 Vict. c. 33) ; 1894 (57 & 58 Vict. c. 55) ; 1900 (63 & 64 Vict. PREFACE. Vll c. 59) ; 1903 (3 Edw. VII. c. 39)— and the Orders made thereunder. There are other suhjects, such as educa- tion, taxation and, also, crime and procedure that are excluded because they are thought not to be sufficiently relevant to the main purpose of the work. The state to which our statute law has been reduced by amendments, by partial repeals, repeals for some purposes or in respect of certain persons or places, by cross references and by statutory orders, enormously increases the work of a text writer. It is not safe to use any section of any Act of Parliament without investiga- tion as to whether it has been affected by something done subsequently with legislative authority. So far as actual legislation affecting what are known as Public Statutes is concerned, this can be done by reference to the " Chronological Table and Index to the Statutes," a work remarkable for its accuracy, which is now produced annually. There is, however, no such friendly light thrown upon the "Local and Personal Acts," which includes most of the City of London Acts. True, there is an "Index to Local Acts consisting of Classified Lists " of these Acts from 41 Geo. III. to 62 &, 63 Vict. ; but as the whole is divided into only fifteen classes, and the Table of Subjects is miserably meagre, it is of but little practical use. One may happen to find the statute sought, but it is very doubtful. Therefore, so far as the law lies in these Acts, the student can only give as much time and industry as he may have at his command and for the true value of his researches trust to his good fortune. Then, we are sadly in need of an annual publication of the " Statutory Eules and Orders Kevised." The last edition was published in 1889 (a). The best, in (a) While going through the press, the third edition of the S. R. k 0. Rev. is announced, and by the courtesy of Mr. Pulling I have been able to consult some portions of the draft of that work. Vlll PREFACE. fact the quiokest, mode of ascertaining the Orders in force on any particular subject is to commence with the latest and work back year by year, noting up the repeals or modifications as one progresses. There are quoted in this book about 1,800 sections contained in 303 statutes, about 550 orders of various kinds, and over 500 reported cases, from which facts an idea maj' be formed of the numbers that have had to be consulted in making the selection. Much space has been saved in abbreviating the titles of statutes. When particular statutes are continually intermixed, only the initials of their titles appear in the footnotes and at the beginning of the chapter or of the part of the chapter the titles and ordinary citations are set out in full. Anything that appears in the " Statutory Eules and Orders " is referred to as " Or.," followed by the date on which it was made or done. A glance at some of the chapters will emphasise the demand for a codification of much of the statute law of the realm. This has been accomplished as to work in factories and workshops, in mines and on the sea, and as to some other kinds of Mork, though even here we have ever with us that constant supply of changing orders, by-laws or regulations. Look, however, at one or two other forms of work or labour. It takes ten principal statutes to regulate inland fishing and the same number for the work of naval seamen; thirteen for the slaughtering of animals, dating from the year 1627; sixteen (of which thirteen applj' to the metropolis), for the running of cabs and omnibuses ; while twenty-one have to be consulted for the law relating to policemen. The two sets of laws affecting pedlars and hawkers might well be amalgamated. They are now, for practical purposes, almost the same, save where some unimportant dis- crepancies have crept in, such as that a maker of articles may hawk them without a licence, whereas if PREFACE. IX he goes without a horse he must take out a pedlar's certificate. Again, the Bread Act, 1836, much of which is now useless, is almost a verbal reproduction of the Act of 1822, which operates onl}' within a radius of ten miles from the Eoj^al Exchange. The thirteen statutes relating to slaughterers of animals, with all their mis- chievous verbiage and prolix and unnecessary defini- tions, ought to be repealed and in their place one short enactment could be substituted to meet the requirements of the present day. Trade union law is a subject much too inflammable to be discussed in this Introduction. There is, however, one point which ought not to be a " party " question, as it is one of common justice and humanity. It is the rights of the members to enforce their contracts with their union. As it is, they are compelled to subscribe to the funds and, with the exceptions of prosecuting a defaulting treasurer and of preventing an unauthorised use of those funds, they are without legal right in respect of them. However long a man may have been investing his savings in this manner, he is liable at any time and for any or no reason to be wholly deprived of the benefit of those savings and the law is, by express enactment, powerless to assist him. This is a matter of ethical jurisprudence and I say, as I have often said before, that such a state of affairs is a disgrace to a civilised community. Legislation with the object of promoting the health and happiness of children is still progressing. Following the i)roliibition against working in mines and the regulations of their work in factories, workshops and agricultural gangs, the Education Acts further limited their hours of labour. The Children's Dangerous Performances Act, 1879, and the Prevention of Cruelty to Children Act, 1894, protected them against many dangers, physical and moral, while the recent Act of X PREFACE, 1903 empowers the local authority to regulate and restrict the work of children under fourteen in any occupation whatever, provided it be carried on by way of trade or for gain and also street trading by those under sixteen years of age. There are some unrepealed laws that are obsolete, while others are not enforced. It might be a cause of satisfaction to some people if they knew, as the fact is, that, if they abandoned their callings in life and did " use the sea," on certain conditions they may obtain a certificate exempting them for two years from impress- ment for service in His Majesty's navy. I wonder when the last prosecution took place for a servant having, without authority, fed his master's horse with his master's corn. How many cabmen in the metropolis know that they ought to hold a check string in their hand all the time they are driving a fare ? Some of the l^rovisions of the Sunday Observance Acts might worthily receive the attention of the Legislature. What is the use, for instance, of retaining a provision prohibiting on Sunday meetings of peojjle out of their own parishes for sports or pastimes, or bear or bull baiting or common plays within their parishes, under a penalty of 3s. Qd. and in default of payment to be set publicly in the stocks by the space of three hours ? The Sunday Fairs Act, 1448, was passed " considering the abominable injuries and offences done to Almighty God and to his saints always aiders and singular assisters in our necessities because of fairs and markets upon their high and principal feasts ... as though (the people) did nothing remember the horrible defiling of their souls in buying and selling," &c. Blackstone advocates " the keeping of one day in seven holy as a time of relaxation and refreshment," as " the manners of the lower classes . . . would otherwise degenerate into a sordid ferocity and selfishness of spirit." PREFACE. XI I need hardly say that I should feel myself under an obligation to any of my readers who will make suggestions for the improvement of any part of the work. My thanks are due to the following gentlemen for having either revised or read the Chapters that imme- diately precede their names: — Chapter I., E. Horton Smith, K.C., L. Horton-Smith; Chapter II., B. Francis- Williams, K.C., Herman Cohen ; Chapters III. and IV., Arthur Powell, K.C., H. W. W. Wilberforce ; Chapter V., E. J. Castle, K.C., L. Mossop ; Chapter VI., W. Pick- ford, K.C., Hans Hamilton; Chapters VII. and VIII., E. Cooper Willis, K.C., Stuart A. Moore, H. Stuart Moore; Chapter IX., J. Vesey Fitz Gerald, K.C., Hugo Young, K.C., Herman Cohen ; Chapter X., F. A. Bosanquet, K.C., Common Serjeant (Parts 1, 2), W. F. Craies, E. G. M. Carmichael (Part 4) ; Chapter XL, J. Vesey Fitz Gerald, K.C., S. L. Phipson ; Chapter XII., W. English Harrison, K.C., J. Brooke Little; Chapter XIIL, H. F. Manisty, K.C., Thomas Beven. The acknowledgment of my indebtedness would be incomplete were I to omit to mention my clerk, Mr. Nicol, who has made himself responsible for the Tables of Statutes, of Cases, and of Orders, besides otherwise assisting me in the laborious task of revision. E. M. MINTON-SENHOUSE. 5, King's Bench Walk, Temple, E.G. May, 1904, TABLE OF CONTENTS PAGE Preface v Table of Contents . xiii Table of Cases XV Defendants xxxix Table of Statutes . xlvii Table of Orders, Regulations, &c. . Ixxxv List of General Abbreviations . xciii Addenda . xcvii Chapter I. Employers }>,nd Workmen Act, 1875 Chapter II. Trade Unions 19 Chapter III. Truck — Payment of "Wages 37 Chapter IV. Sunday 50 Chapter V. Factories and Workshops 59 Chapter VI. Coal Mines; Metalliferous Mines; QuaiTies ; Stannaries 84 Chapter VII. Seamen ; Pilots 102 XIV TABLE OF CONTENTS. Chapter VIII. PAOK Sea Fishing; Shell Fish; Salmon and Freshwater Fishing . 125 Chaptee IX. Stage Carriages ; Hackney Carriages ; Motor Cars . . 145 Chapter X. Army; Navy; Coastguard; Police 176 Chapter XI. Pedlars and Hawkers ; Laundries ; Explosives ; Bread ; Slaughterers ; Offensive Trades ; Chimney Sweepers . 198 Chapter XII. Agricultural Holdings ; Small Farms and Gardens ; Allot- ments; Agricultural Gangs ; Hop Pickers; Fruit Pickers 225 Chapter XIII. (i.) Labour Bureaux; (ii.) Poor Law; (iii.) Postmen; (iv.)Fire Brigades; (v.) Eailway Servants ; (vi.) Children ; (vii.) Home Workers; (viii.) Organ Grinders and others; (ix.) Shops and other Places ; (x.) Dairies, Cowsheds and Milkshops ; (xi.) Midwives ; (xii.) Drovers; (xiii.) Carters; (xiv.) Locomotives on Highways; (xv.) Donkey Drivers and others; (xvi.) Draymen; (xvii.) Coal Porters; (xviii.) Stablemen ; (xix.) Gamekeepers; (xx.) Threshing; (xxi.) Chaff-cutting; (xxii.) Builders' Labourers and others; (xxiii.) Shoeblacks; (xxiv.) Crossing Sweepers ; (xxv.) Bill Posters ; (xxvi.) Boat- men; (xxvii.) Bathing Machine Attendants; (xxviii.) Thames Watermen and Lightermen .... 240 Index of Subjects 277 TABLE OF CASES. Aerated Bread Co. r. Gregg Afrika, The Aitken v. Associated Carpenters and Joiners of Scotland Allen V. Flood Allen V. Thompson Allen V. Tunbridge Amalgamated Society of Railway Servants for Scotland v. Motherwell Branch of the Society Amos, In re, Carrier v. Price Amphitrite, The Anderson v. Rayner Anon. Archer v. James Arina, The Arkwright v. Evans Ashersmith v. Drury Ashworth v. Heyworth Atkinson v. Hastio Attorney - General v. Bermondsey Vestry L. R. 8 Q. B. 355 ; 42 L. J. M. C. 117 ; 28 L. T. BIG ; 21 W. R. 848 . 5 P. D. 192 ; 49 L. J. Ad. 63 ; 42 L, T. 403 ; 4 Asp. 26G . . . . 213 113 25 12 R. 120G; 22S. L. R, 796 [1898] A. C. 1 ; 67 L. J. Q. B. 119 ; 77 L, T. 717 ; 46 W. R. 258 ; 62 J. P. 595 26, 27, 28, SO L. R. 5 Q. B. 336 ; 39 L. J. M. C. 102 ; 22 L. T. 472 ; 18 W. R. 1196 . . 56 L. R. 6 C. P. 481 ; 40 L. J. M. C. 197 ; 24 L. T. 796 ; 19 W. R. 849 . . 156 See M'Laren v. Miller. [1891] 3 Ch. 159; 60 L. J. Ch. 570; 65 L. T. 69 2 Hag. Ad. 403 [1903] 1 K. B. 589 ; 72 L. J. K. B. 292 ; 88 L. T. 313 ; 51 W. R. .369 ; 9 Asp. 385 (1903) The Times, October 23 31 L. J. Q. B. 153 ; 6 L. T. 167 ; 10 W. R. 489 ; 2 B. & S. 61 ; 8 Jur. 166 12 P. D. 118 ; 56 L. J. Ad. 57 ; 57 L. T. 121 ; 35 W. R. 654 ; 6 Asp. 141 49L. J. M. C. 82 28 L. J. M. C. 5 10 B. & S. ;!09; L. R. 4 Q. B.316; 38 L. J. M. C. 91 ; 20 L. T. 439 ; 17 W. R. 668 21 R. CJ. C.) 62 ; 31 S. L. R. 892 23 C. I). 60 ; 52 L. J. Ch. 567 ; 48 L. T. 445 ; 31 W. R. 463 : 47 J. P. 453 . 33 112 111 251 40 113, 116 93 40 251 83 241 XVI TABLE OF CASES. Attorney - General v. Camberwell Vestry Attorney - General v. Tomline Attorney - General v. Tongue Attorney - General v, Welsh Granite Co. Attorney - General v. Woolhouse Attorney-General for Isle of Man v. Mylchreest G3L. J. Ch. 878; 71 L. T. 478 5 C. D. 750; 4G L. J. Ch. G54; 36 084 ; 25 W. 11. 802 . 12 Price 51 35 \V. R. G17 1 Y. & J. 4G3 ; 12 Price 65 L.T. 4 A. C. 294 ; 764 . 241 94 199 94 199, 202 48 L. J. P. C. 36 ; 40 L, T. 94 Back V. Holmes Bailey, Ex p., Ex p. Collier Balchin v. Lord Ebury and Others Bannister v. Bannister Barlow v. Teal Bateson v. Oddy Baxter v. Langley Beadon v. Parrott Beale v. Thompson Beetham r. Crewdson Beever v. Hanson, Dale & Co. Bell V. Bank of London Bell V. Wilson Bellamy v. Lunn Bennett v. Harding Birch I'. Turner Bishop V. Letts Blakeney, The Blenkinsop v. Ogden 57 L. J. M. C. 37 ; 56 L. T. 713 ; 16 Cox, C. C. 263 ; 51 J. P. 693 . . 259 3 E. & B. G07 ; 2 C. L. R. 1645 ; 23 L. J. M. C. 161 ; 18 Jur. (O.S.) 930; 2 W. R. 422 6 (1903) 20 T. L. R. 60 . . . . 254 9 C. & P. 743 88 15 Q. B. D. 501 ; 54 L. J. Q. B. 564 ; 54 L. T. 63 ; 34 W. R. 54 ; 50 J. P. 100 232 43 L. J. M. C. 131 ; 30 L. T. 712 ; 22 W. R. 703 156 L. R. 4 C. P. 21 ; 38 L. J. M. C. 1 ; 19 L. T. 321 ; 17 W. R. 254 . . . 57 L. R. 6 Q. B. 718; 40 L. J. M. C. 200 ; 19 W. R. 1144 , . . . 6, 60 4 East 546 ; 1 Smith, 144 ; 3 B. & P. 405; 2M. &S. 249; 7R. R. 625 . 114 55 J. P. 55 40 25 L. J. N. C. 132 .... 70 3 H. & N. 730 ; 28 L. J. Ex. 116 . 105 L. R. 1 Ch. 303 ; 35 L. J. Ch. 337 ; 12 Jur. 263 ; 14 L. T. 115 ; 14 W. R. 493 7, 94 77 L. T. .396 ; 8 Asp. 348 . . . 115 [1900] 2 Q. B. 397 ; 69 L. J. Q. B, 701 ; 83 L. T. 51 ; 48 W. R. 647 ; 64 J. P. 676 67 29 J. P. 37 140 1 F. & F. 401 5 Sw. Ad. 428 ; 5 Jur. 418 . . . 117 [1898] 1 Q. B. 783 ; 67 L. J. Q. B. 537 ; 78 L. T. 554 ; 46 W. R. 542 . 72 3 P. D. 35 ; 38 L. T. 259 ; 26 W. R. 404 ; 3 Asp. 561 ... . 118 5 B. & A. 268 ; 24 R. R. 353 268 [1904] 1 K. B. 682 ; 73 L. J. K. B. 315 120 41 L. T. 469 ; 4 Asp. 196 . 111 [1892] 1 Q. B. 226 ; 61 L. J. M. C. 21 ; 65 L. T. 844 ; 40 W. R. 1 ; 56 J. P. 118 7,8 6 E. & B. 584 ; 25 L. J. Q. B. 371 ; 2 Jur. 1187 ; 4 W. R. 600 . 5,88 TABLE OF CASES. XVU Blessing, The Blundell v. Catterall Board of Trade v. Sail- ing Ship Glenpark, Ltd. Board of Trade, Secre- tary of, V. Sundholm Bound V. Lawrence Bowers v, Lovekiu Bowes & Partners, [1894] 1 Q. B. 202 ; 63 L. J. Q. B. 165 ; Ltd. V. Press 70 L. T. 116 ; 42 W. R. 340 ; 53 J. P. 280 13 Brace v. Abercarn [1891] 2 Q. B. 609 ; 60 L. J. Q. B. 706 ; Colliery Co. 65 L. T. 694 ; 40 W. R. 3; 56 J. P. 20 87 Branwell v. Penueck 1 Man. & R. 409 ; 7 B. & C. 536 ; 6 L. J. (0. S.) M. C. 47 . . . 3 Briggs V. Swanwick 10 Q. B. D. 510 ; 52 L. J. M. C. 63 ; 31 \V. R. 565 ; 47 J. P. 564 . . 144 Bristol City, The [1902] P. 10 ; 71 L. J. P. 5 ; 85 L. T. 694 ; 50 W. R. 383 . . . . 122 Britton v. Great Wes- L. R. 7 Ex. 130 ; 41 L. J. Ex. 99 ; tern Cotton Co. 27 L. T. 125 ; 20 W. R. 525 . . 71 Bromage v. Prosser 6 D. & Ry. 296 ; 4 B. & C. 247 ; 1 C. & P. 475 ; 3 L. J. (0. S.) K. B. 203 ; 28 R. R. 241 . . . . 27 Brough V. Homfray L. R. 3 Q. B. 771 ; 3 B. & S. 492 ; 37 L. J. M. C. 177 ; 16 W. R. 1123 . 96 Brunei, The [1900] P. 24 ; 69 L. J. P. 8 ; 81 L. T. 500 ; 48 W. R. 243 ; 9 Asp. 10 . . 105 Buchanan v. Bowman 18 R. 206 ; S. C. noni. McGill v. Bowman, 28 S. L. R. 144 . . 91,96 BurrcU v. MacBrayne 18 R. 1048 123 Burton v. Pinkerton L. R. 2 Ex. 340 ; 36 L. J. Ex. 137 ; 16 L. T. 410; 15 W. R. 1139 . . 114 Button V. Thompson L. R. 4 C. P. 330 ; 38 L. J. C. P. 225 ; 20 L. T. 568 ; 17 W. R. 1069 . . Ill Buxton Limo Firms [1900] 2 Q. B. 232 ; 69 L. J. Q. B. Co. V. Howe 498 ; 82 L. T. 422 ; 48 W. R. 472 ; 64 J. P. 503 14 Caledonian Ry. v. Patcrson 1 F. (J. C.) 24 ; 36 S. L. R. W . . 205 W.L. b XVIU TABLE OF CASliS. Ciirdif! Boarding Jlas- tors' Association v. Gory & Sou Carrier v. Price, Ju re Amos Carter i". Thomas Case I'. Storey Castlegate, The Cavill V. Amos Cayo Bonito, The Chalmers v. Scopenich Chamberlain's Wharf, Ltd. V. Smith Chandler v. Grieves Charles v. Mortgagees of PljTHouth Works Charnock v. Court Chawner v. Cummins Clark V. M'Naught Clarke v. Stanford Clayton v, Peirse Clemson v. Hubbard Cleveland, Duchess of, V. Meyrick Cljinene, The Cocks V. Mayner Coe V. Piatt Collison V. Warren Collman v. Mills 9 T. L. R. 388 See Amos, In re, Carrier v. Price. [1893] 1 Q. B. G73 ; 62 L. J. M. C. 104 ; 69 L. T. 436 ; 41 W. R. 510 ; 17 Cox, C. C. 664 ; 57 J. P. 438 L. R. 4 Ex. 319 ; 38 L. J. M. C. 113 ; 20 L. T. 618 ; 17 W. R. 802 . See Morgan v. SS. Castlegate and Others. 64 J. P. 309 ; 16 T. L. R. 156 . [1903] P. 203 ; 72 L. J. P. 70 ; 89 L. T. 260 ; 52 W. R. 133 ; 9 Asp. 445 [1S92] 1 Q. B. 735 ; 61 L. J. M. C. 117; 66 L. T. 348; 40 W. R. 477; 7 Asp. 171; 56 J. P. 521 . [1900] 2 Ch. 605 ; 69 L. J. Ch. 783 ; 83 L. T. 238 ; 49 W. R. 91 2 Bl. H. 606 (n.) ; 6 T. R. 325 (u.) ; 3 R. R. 525 60 L. J. M. C. 20 ; 64 L. T. 466 ; 39 W. R. 122 ; 55 J. P. 469 . [1899] 2 Ch. 35 ; 68 L. J. Ch. 550; 80 L. T. 564 ; 47 W. R. 633 ; 63 J. P. 456 8 Q. B. 311 ; 15 L. J. Q. B. 161 ; 10 Jur. (0. S.) 454 ... Ark. 33 L. R. 6 Q. B. 357 ; 40 L. J. M. C. 151 24 L. T. 389 ; 19 W. R. 846 . [1904] 1 K. B. 424; 72 L. J. K. B 268 ; 90 L. T. 119 . 1 Ex. D. 179 37 L. J. Ch. 125; 17 L. T. 238; 16 W. R. 104 [1897] P. 295; 66 L. J. Ad. 152; 76 L. T. 811 ; 46 W. R. 109 ; 8 Asp. 287 70 L. T. 403; 17 Cox, C. C. 745; 58 J. P. 104 7 Ex. 460; 21 L. J. Ex. 146; S. C. 22 L. J. Ex. 164 ; 16 Jur. (0. S.) 174 [1901] 1 Ch. 812 ; 70 L. J. Ch. 382 84 L. T. 482 . [1897] 1 Q. B. 396; 66 L. J. Q. B 170; 75 L. T. 590; 18 Cox, C. C 481 ; 61 J. P. 102 . PAGE 115 243 157 157 123 106 24,25 114 13,14 31 40 4 156 141 18 94 120 167 71 3 222 TABLE OF CASES. XIX Collman v. Roberts [1896] 1 Q. B. 457 ; 65 L. J. M. C. 63; 74 L. T. 198 ; 44 W. R. 445 ; 18 Cox, C. C. 273 ; 60 J. P. 184 . . . 252 Commissioners of In- See Income Tax, Commissioners of, v. come Tax v. Pemsel Pemsel. Connor v. Kent [1891] 2 Q. B. 545 ; 61 L. J. M. C. 9 ; 65 L. T. 573 ; 17 Cox, C. C. 354 ; 55 J. P. 485 30 Cook V. North Metro- 18 Q. B. D. 683 ; 56 L. J. Q. B. 309 ; politan Tramways 56 L. T. 448; 57 L. T. 476; 35 Co. W. R. 577 ; 51 J. P. 630 . . . 7, 8 Cooper, Ex p., In re Morris 26 C. D. 693 41 Cooper V. Pearse [1896] 1 Q. B. 562 ; 65 L. J. M. C. 95 ; 74 L. T. 495 ; 44 W. R. 494 ; 60 J. P. 282 234 Copeland v. Walker 65 L. T. 262 ; 55 J. P. 809 ; 17 Cox, C. C. 331 214 Core V. James L. R. 7 Q. B. 135 ; 41 L. J. M. C. 19 ; 25 L. T. 593 ; 20 W. R. 201 . . 213 Crabtree v. Fern 85 L. T. 549 ; 50 W. R. 167 ; 66 J. P. Spinning Co. 181 ; 20 Cox, C. C. 82 . . . 72, 74 Crepps V. Durden Cowp. 640 52 Crocker v. Knight [1892] 1 Q. B. 702 ; 61 L. J. Q. B. 466 ; 66 L. T. 596 ; 40 W. R. 353 ; 56 J. P. 420 24, 34 Crowe V. Price 22 Q. B. D. 429 ; 58 L. J. Q. B. 215 ; 60 L. T. 915; 37 W. R. 424; 53 J. P. 389 180 Cuckson V. Stones 1 E. & E. 248 ; 28 L. J. Q. B. 25 ; 5 Jur. 337 ; 7 W. R. 134 . . , 49 Cullen V. Ehvin and Others 88 L. T. 686 24 Cunnack V. Edwards [1896] 2 Ch. 079; 65 L. J. Ch. 801; 75 L. T. 122 ; 45 W. R. 99 . . 22 Curran v. Troleaven [1891] 2 Q. B. 545 ; 61 L. J. M. C. 9; 65 L. T. 573 ; 17 Cox, C. C. 354 ; 55 J. P. 485 30 Curtis t;. Embrcy L. R. 7 Ex. 369 ; 42 L. J. M. C. 39 ; 21 W. R. 143 167 Cutter V. Powell 6 T. R. 320 ; 3 R. R. 185 . . . 114 Cutts V. Ward L. R. 2 Q. B. 357 ; 36 L. J. Q. B. 161 ; 15 L. T. 014 ; 15 W. R. 445 . . 41, 42 Daniel v. Whitfield 15 Q. B. D. 408 ; 54 L. J. M. C. 134 ; 53 L. T. 471 ; 33 W. R. 905 ; 15 Cox, C. C. 762; 49 J. P. 694 . . . 214 h—2 XX TABLE OF CASES. Davies r. Lord Berwick I^avies r. Evans Dean v. King Deane r. Peter Robin- son, Ltd. Delaroque v. Steam- ship Oxenholme Co. Dewey v. White Dodd i". Armor Doel V. Sheppard Druce v. Gabb Drury r. Defontaine Duke V. Littleboy Dunn V. Holt 3 E. & E. 549 ; 30 L. J. M. C. 8-4 : 7 Jur. 410 ; 3 L. T. 697 : 9 W. R. 334 4 86 L. T. 419 ; 66 J. P. 392 ; 20 Cox, C. C. 177 141 4 B. & A. 517 202 67 J. P. 152 ; (1903) The Times, Jlay 1 68 Cab. & E. 122 117 Moo. & M. 56 243 31J. P. 773 141 5 E. & B. 856 ; 25 L. J. Q. B. 124 ; 2 Jur. 218 ; 4 W. R. 2-32 . 71 6 W. R. 497 201 1 Taunt. 131 51,52 49 L. J. Ch. 802 ; 43 L. T. 216 ; 28 W. R. 977 25 73 L. J. K. B. 341 261 Eden, The 2 Rob. W. 442 ; 10 Jur. (0. S.) 296 Edgill V. Alward, Ltd. [1902] 2 K. B. 239 ; 71 L. J. K. B. 690 ; 87 L. T. 121 ; 66 J. P. 760 ; 9 Asp. 341 ; 20 Cox, C. C. 302 . 8 E. & B. 698 ; 27 L. J. M, C. 151 ; 4 Jur. 166; 6 W. R. 91 . 2 T. L. R. 139 L. R. 5 C. P. 428 ; 39 L. J. C. P. 2-34 ; 22 L. T. 408 ; 18 W. R. 892 . Elias V. Nightingale Evans v. Small Everard v. Kendall 123 129 220 89 104 Falconer v, McCabe Farmer v. Wilson and Others Fearou r. Mitchell Fennell v. Riddler Ferguson and Hut- chinson, Ex 2). Fish bourne v. Hamil- ton Fisher v. Jones Foinett v. Clarke Foster v. Diphwys Casson Slate Co. 3F. 210; 38 S. L. R. 112 . . . 9 69 L. J. Q. B. 496 ; 82 L. T. 566 ; 64 J. P. 486 ; 19 Cox, C. C. 502 . . 30, 31 L. R. 7 Q. B. 690 ; 41 L. J. M. C. 170 ; 27 L. T. 33 251 8 D. & Ry. 204 ; 5 B. & C. 406 ; 4 L. J. (O. S.) K. B. 207 ; 29 R. R. 278 . 52 L. R. 6 Q. B. 280 ; 40 L. J. Q. B. 105 ; 24 L. T. 96 ; 19 W. R. 746 ; 1 Asp. 8 104 25 L. R. Ir. 483 94 32 L. J. M. C. 178 ... . 40 41 J. P. 359 157 18 Q. B. D. 428 ; 56 L. J. M. C. 21 ; 51 J. P. 470 96 TABLE OF CASES. XXI Foster v. North Hen- [1801^ 1 Q. B. 71 ; 60 L. J. M. C. 6 ; dre Lead Mining Co. 63 L. T. 458; 17 Cox, C. C. 216; 55 J. P. 103 91 Fox, Ex p., In re 17 Q. B. D. 4 ; 55 L. J. Q. B. 288 ; 54 Smith L. T. 307; 34 W. R. 535; 3 Morr. B. C. 63 48 Frazer & Co. v. Cuth- 6 Q. B. D. 03 ; 50 L. J. Q. B. 277 ; bertson 29 W. R. 396 105 Frederick, The 1 Rob. W. 16 123 Frecheville v. Soudeu 48 L. T. 612 ; 47 J. P. 613 . . . 80 Friends, The 4 Rob. C. 143 114 Garbutt r. Durham [1004] 1 K. B. 522 ; 73 L. J. K. B. 289 ; Joint Committee 90 L. T. 26 ; 68 f. P. 97 ; 2 L. G. R. 251 193,194 Garnett v. Backhouse 9 B. & S. 306 ; L. R. 3 Q. B. 699 ; 37 L. J. Q. B. 228 ; 19 L. T. 145 ; 16 W. R. 1203 141 Gas Float Whittou See Wells and Another v. Owners of No. 2 the Gas Float Whitton No. 2. Gazard v. Cooke 55 J. P. 102 139 Gibbon v. Phillips 64 L. J. M. C. 42 .... 91 Giblan v. National Amalgamated La- bourers' Union of Great Britain and [1903] 2 K. B. 600; 72 L. J. K, B. Ireland 907 ; 89 L. T. 386 . . . , 27 Gibson v. Lawson [1891] 2 Q. B. 545 ; 61 L. J, JI. C. 9 ; (••5 L. T. 573; 17 Cox, C. C. 354; 55 J. P. 485 80 Glamorgan Coal Co., Ltd., and Others v. South Wales Min- t;rs' Federation and [1903] 2 K. B. 545 ; 72 L. J. K. B. Others 893 ; 89 L. T. 393 ; 52 W. R. 165 . 27 Glasgow V. Indepen- dent Printing Co. [1901 J 2 I. R. 278 . . . . 40 Goldstein V. Vaughan [1897j 1 Q. B. 549; 66 L. J. Q. B. 380 ; 76 L. T. 262 ; 45 W. R. 399 ; 18 Cux, C. C. 523 ; 61 J. P. 277 . 73 Goodwin v. Sheffield l1902J 1 K. B. 629 ; 71 L. J. K. B. 492 ; Corporation 86 L. T. 682 ; 66 J. P. 533 . . 195 Goi'don, Ex p. 25 L. J. M. C. 12 ; 1 Jnr. 683 ; 3 W. R. 568 6 Gordon v. Jennings 9 Q. B. D. 45 ; 51 L. J. Q. B. 417 ; 46 L. T. 534 ; 30 W, R. 704 ; 46 J. P. 519 49 XXll TABLE OV CASES. Gore V, Special Com- missioners for Eng- lish Fisheries Gould V. Hayncs Grace v. Cawthora Grainger v. Aynsley Graves v. Duncan Great Eastern, The Great Eastern Steam- ship Co., Re, Wil- liams' Claim Great Northern Steamship Fishing Co. V. EdgehiU Greenock Steamship Co. V. Maritime Insurance Co. Gregg V. Smith Gregson v. Watson Groves v. Lord Wim- borne L. R. G Q. B. 5G1 ; 40 L. J. Q. B. 252 ; 24 L. T. 702 ; 19 W. R. 1083 . . 140 59 L. J. M. C. 9 ; 61 L. T. 732 ; 16 Cox, C. C. 732 ; 54 J. P. 405 . . 40 (1883) The Times, April 27 . . . 4, 12 6 Q. B. D. 182 ; 50 L. J. M. C. 48 ; 43 L. T. 608 ; 29 W. R. 242 ; 45 J. P. 142 10, 12, 29 1 F. (J. C.) 72 ; 36 S. L. R. 490 . . 60 L. R. 1 A. & E. 384 ; 36 L. J. Ad. 16 ; 17 L. T. 228 118 53 L. T. 594 ; 5 Asp. 511 . . . 113, 114 11 Q. B. D. 225 17 [1903] 2 K. B. 657 ; 72 L. J. K. B. 868 ; 89 L. T. 200; 9 Com. Cas. 41; 9 Asp. 463 106 L. R. 8 Q. B. 302 ; 42 L. J. M. C. 121 ; 28 L. T. 555 ; 21 W. R. 737 . . 199 34 L. T. 143 16 [1898] 2 Q. B. 402; 67 L. J. Q. B. 862 ; 79 L. T. 284 ; 47 W. R. 87 . 71 Hall V. Hopwood Hammond v. Pulsford Hanson v. Royden Hardy v. Ryle Hartley v. Ponsonby Hawkins v. Edwards Heath v. Brewer Hedley v. Pinkney & Sons' Steamship Co. Henry v. Newcastle Trinity House Board 49 L. J. M. C. 17 ; 41 L. T. 797 . . 89, 95 [1895] 1 Q. B. 223 ; 64 L. J. M. C. 63 ; 71 L. T. 767 ; 43 W. R. 236 ; 59 J. P. 533 : 18 Cox, C. C. 58 . . . 253 L. R. 3 C. P. 47 ; 37 L. J. C, P. 66; 17 L. T. 214 ; 16 W. R. 205 . . 108 4 Man. & R. 295 ; 9 B. & C. 603 ; 7 L. J. (0. S.) M. C. 118 . . . 6 7 E. & B. 872 ; 26 L. J. Q. B. 322 ; 3 Jur. 746 ; 5 W. R. 659 . . . 112 [1901] 2 K. B. 169 ; 70 L. J. K. B. 597 ; 84 L. T. 532; 49 W. R. 487; 65 J. P. 423; 19 Cox, C. C. 692 . . 167 15 C. B. (N. S.) 803 ; 9 L. T. 653 . 163 [1894] A. C. 222 ; 63 L. J. Q. B. 419 ; 70 L. T. 630 ; 42 W. R. 497 ; 7 Asp. 483 106 8 E. & B. 723; 27 L. J. M. C. 57; 4 Jm\ 685 ; 6 W. R. 232 ... 122 TABLE OF CASES. XXUl Hewlett V. Allen & Sons Heywood, In re, Park- ington V. Hej'wood Hickman v. Birch Higham v. Wright Highland Chief, The Hill V. Browning Hill V. George Hilton V. Eckersley Hindle v. Birtwistle Hindley v. Haslam Hoare v. Eitchie & Son Hodges V. London Trams Omnibus Co, Hodgson V. Flower Hodgson V. Little Holford V. George HoUand v. Hall Holmes v. Clarke Hooper v. Kenshole Hopkinson v. Caunt Hopkinson v. News- paper Proprietary Syndicate, Ltd. Hopton V. Thirlvvall Howard v. Lupton Howden v. Yorkshire Miners' Association PAGE [1894] A. C. 383 ; G3 L. J. Q. B. 60S ; 71 L. T. 94 ; 42 W. E. 670 ; 58 J. P. 700 37, 40, 41, 45, 46 [1897] 2 Ch. 593 ; 67 L. J. Ch. 25 ; 77 L. T. 423 ; 46 W. E. 72 ; 4 Manson 321 24 Q. B. D. 172; 59 L. J. M. C. 22 ; 62 L. T. 113 ; 54 J. P. 406 2 C. P. D. 397 ; 46 L. J. M. C. 223 ; 37 L. T. 187 [1892] P. 76 ; 61 L. J. Ad. 51 ; 66 L. T. 468; 40 W. E. 416 ; 7 Asp. 176 L. E. 5 Q. B. 453 ; 22 L. T. 584 ; 19 W. E. 21 44 J. P. 424 6 E. & B. 47; 25 L. J. Q. B. 199; 2 Jur. 587 ; 4 W. E. 326 . [1897] 1 Q. B. 192 ; 66 L. J. Q. B. 173 ; 76 L. T. 159 ; 45 W. E. 207 ; 18 Cox, C. C. 508 ; 61 J. P. 70 . 3 Q. B. D. 481 ; 27 W. E. 61 [1901] 1 K. B. 434 ; 70 L. J. K. B. 279 ; 84 L. T. 54 ; 49 W. E. 351 ; 65 J. P. 261 12 Q. B. D. 105 ; 50 L. T. 262 ; 32 W. E. 616 2 Camp. 288 .... 14 C. B. (N. S.) Ill; 32 L. J. M. C 220; 8 L. T. 358; 11 W. E. 782 10 Jur. 46 ; 9 Cox, C. C. 327 . L. E. 3 Q. B. 639 ; 37 L. J. Q. B. 185 18 L. T. 817 ; 16 W. E. 1204 !" 86 L. T. 355 ; 50 W. E. 525 ; 66 J. P 424; 20 Cox, C. C. 167 . 7 H. & N. 937 ; 31 L. J. Ex. 356 ; 7 Jur. 397 ; 9 L. T. 178 ; 10 W. E. 405 2 Q. B. D. 127 ; 46 L. J. M. C. 160 ; 36 L. T. Ill ; 25 W. E. 368 . 14 Q. B. D. 592 ; 54 L. J. Q. B. 284 ; 33 W. E. 522 ; 49 J. P. 550 . 48 162 92,98 110, 117 213 139 24 70 13,14 68 162 203 141 140 201 71 251 See Newspaper Proprietary Syndicate, III re. 9 L. T. 327 ; 12 W. E. 72 . . . 143 L. E, 10 Q. B. 598 ; 44 L. J. M. C. 150 201 [1903J 1 K. B. 308 ; 72 L. J. K. B. 176 ; 88 L. T. 134 .... 25 XMV TABLE OF CASES. Howells r. Landore Siemens Steel Co. Hudson r. Shooter Hughes, Ex p. Hughes V. Bonella Hughes V. Clyde Coal Co. Hughes V. Sutherland Humble v. Humphreys Hunt r. G. N. Ry. Hunter v. Northern Marine Insurance Co. Hurrell v. Ellis L. R. 10 Q. B. G2 ; 44 L. J. Q. B. 25 32 L. T. 19 ; 23 W. R. 335 55 J. P. 325 .... 2 C. L. R. 1542; 23 L. J. M. C. 138 IS Jur. (0. S.) 447 ; 2 W. R. 465 10 T. L. R. 197 . 19 R. 343 ; 29 S. L. R. 387 . 7 Q. B. D. 160 ; 50 L. J. Q. B. 567 45 L. T. 287 ; 29 W. R. 867; 4 Asp 459 ; 46 J. P. 6 [1902] A. C. 207 ; 71 L. J. P. C. 18 85 L. T. 563 . [1891] 2 Q. B. 189 ; 60 L. J. Q. B 498 ; 55 J. P. 648 . 13 A. C. 717 2 C. B. 265 ; 15 L. Jur. (0. S.) 1013 J. C. P. 18; 9 89 201 4 40 90,96 109 87 8 104 163 Income Tax, Commis- sioners of V. Pemsel [1891] A. C. 531 ; 61 L. J. Q. B. 265 . Ingram v. Barnes 7 E. & B. 132 ; 26 L. J. Q. B. 319 ; 3 Jur. 861 ; 5 W. R. 726 . 249 Jackson v. Hill James v, Evans & Co. Jane and ^Matilda, The Johnson v. Blenken- sopp Jones V. Huxtable Jones V. Short Jones and Parry v. Da\'ies Josephine, The Joyce V. Metropolitan Board of Works Judge V. Bennett Justitia, The 13 Q. B. D. 618 ; 49 J. P. 118 . . 8 [1897] 2 Q. B. 180 ; 66 L. J. Q. B. 742 ; 77L. T.78;45W.R.654;61J.P.631 14 1 Hag. Ad. 187 ; 33 R. R. 709 . . 103 5 Jur. (0. S.) 870 ... . 3 8 B. & S. 433 ; L. R. 2 Q. B. 460 ; 36 L. J. Q. B. 325 ; 16 L. T. .381 ; 15 W. R. 900 213 69 L. J. Q. B. 473 ; 82 L. T. 197 ; 48 W. R. 251 ; 64 J. P. 247 ; 19 Cox, C. C. 472 167 [1898] 1 Q. B. 405 ; 67 L. J. Q. B. 294 ; 78 L. T. 44 ; 62 J, P. 182 ; 18 Cox, C. C. 706 140 Sw. Ad. 152 ; 2 Jur. 148 .. . Ill 44 L. T. 811 ; 45 J. P. 667 . . . 243 36 W. R. 103 ; 52 J. P. 257 . . . 30 12 P. D. 145 ; 56 L. J. Ad. Ill ; 57 L. T. 816; 6 Asp. 198 . . Ill, 112, 114, 118 TABLE OF CASES. XXV Kearney v. White- haven Colliery Co. Keen v. Henry Kennedy v. Cowie Keslake v. Board of Trade Killarney, The Kinchant, In re, R. v. Lord Leigh King V. Eversfield King V. London Im- proved Cab Co. Kingt;. Spurr Kippins, Ex p. Knight V, Whitmore Knowles v. Dickinson Knuckey v. Redruth Rural District Council Kruse v. Johnson 63 L. J. Q. B ; 42 W. R. 211 [1893] 1 Q. B. 700 ; 62 L. J. M. C 129 ; 68 L. T. 090 ; 41 W, R. 594 57 J. P. 645 . [1894] 1 Q. B. 292; 211 : 09 L. T. 671 58 J. P. 262 . [1891] 1 Q. B. 771 ; 60 L. J. M. C 170 ; 64 L. T. 598 ; 39 W. R. 686 17 Cox, C, C. 320 ; 55 J. P. 680 [1903] 2 K. B. 453 ; 72 L. J. K. B. 829 ; 89 L. T. 534; 52 W. R. 127; 67 J. P. 356 Lush. 202 ; 30 L. J. Ad. 41 ; 5 L. T. 21 See R. r. Leigh, Lord, In re Kinchant [1897] 2 Q. B. 475 ; 66 L. J. Q. B. 809 77 L. T. 195 ; 46 W. R. 51 ; 61 J. P 740 23 Q. B. D. 281; 58 L. J. Q. B. 456 61 L. T. 34 ; 37 W. R. 737 ; 53 J. P 788 8 Q. B. D. 104 ; 51 L. J. Q. B. 105 ; 45 L. T. 709 ; 30 W. R. 152 ; 46 J. P. 198 [1897] 1 Q. B. 1 ; 66 L. J. Q. B. 95 ; 75 L. T. 421; 45 W. R. 188; 18 Cox, C. C. 459 ; 60 J. P. 791 . 53L. T. 233; 33 \V. R, 907 2 E. & E. 705 ; 29 L. J. M. C. 135 ; 6 Jur. 678 ; 2 L. T. 174 ; 8 W. R. 411 PAGE 88 160 31 113,117 122 232 160 100 158 35 90 [1904] 1 K. B. 382; 73 L. J. K. B. 265 ; 90 L. T. 226 .... [1898] 2 Q. B. 91 ; 67 L. J. Q. B. 782; 78 L. T. 647 ; 46 W. R. 630 ; 62 J. P. 469; 19 Cox, C. C. 103 . 96 251 Lamb v. G. N. Ry. Lancaster v. Greaves Lawler v. Linden Lawrence v. Todd Leconfield, Lord v. Earl of Lonsdale [1891] 2 Q. B. 281 ; 60 L. J. Q. B. 489 ; 65 L. T. 225; 39 W. R. 475; 56 J. P. 22 9 B. & C. 628 ; 7 L. J. (0. S.) M. C. 116 Ir. R. 10 C. L. 188 . 14 C. B. (N. S.) 554 ; 32 L. J. j\I. C. 238 ; 10 Jur. 179 ; 8 L. T. 505 ; 11 W. R. 835 L. R. 5 C. P. 657 ; 39 L. J. C. P. 305 ; 23 L. T. 155 ; 18 W. R. 1165 . 41,45 6 3 0,10 141 XXVI TABLE OF CASES. Leech V. Gartsidc & Co. Linaker r. Pilcherand Others Llandudno Urban Dis- trict Council r. Hughes Llandudno Urban Dis- trict Council V. Woods Lobb V. Amos London County Coun- cil V. Read London Jlerchant.Thc London and India Docks Co. V. G. E. Ry. and Mid. Ry. Lowther v. Earl Radnor Lucas V. Harris Luniley r. Gye Lj-ne V. Leonard Lyons & Sons v. "Wilkins Lyons iV: Sons v. Wilkins 78 L. T. 427 ; 1 T. L. R. 391 . 70 L. J. K. B. 396 ; 84 L. T. 421 ; 49 PAGE 5,7 W. R. 413 33, 35, 36 [1900] 1 Q. B. 472 ; 69 L. J. Q. B 803 ; 82 L. T. 147 ; 48 W. R. 366 64 J. P. 357 ; 19 Cox, C. C. 456 [1899] 2 Ch. 705; 68 L. J. Ch. 623 81 L. T. 170 ; 48 W. R. 43 ; 63 J. P, 775 7 L. R. N. S. W. 92 . . [1900] 1 Q. B. 288 ; 69 L. J. Q. B. 39 ; 81 L. T. 452 ; 48 W. R. 393 ; 63 J. P. 775 3 Hag. Ad. 394 [1902] 1 K. B. 508; 71 L. J. K. B. 369 ; 86 L. T. 339 ; 50 W. R. 461 ; 11 Ry. & Can. Traff. Cas. 57 . 8 East 113 ; 20 R. R. 542 (n.) . 18 Q. B. D. 127 ; 56 L. J. Q. B. 15 ; 55 L. T. 658 ; 35 W. R. 112 ; 51 J. P. 261 2 E. & B. 216 ; 22 L. J. Q. B. 463 ; 17 Jur. 827 ; 1 W. R. 432 9 B. & S. 65 ; L. R. 3 Q. B. 156 ; 37 L. J. M. C. 55 ; 18 L. T. 55 ; 16 W. R. 562 [1S96] 1 Ch. 811 ; 65 L. J. Ch. 601 ; 74 L. T. 358 ; 45 W. R. 19 ; 60 J. P. 325 [1899] 1 Ch. 255 ; 68 L. J. Ch. 146 ; 79 L. T. 709 ; 47 W. R. 291 ; 63 J. P. 309 200,203 268 10 213 189 71 180 26 139 31 30,31 Mac, The McGill V. Bowman McHole V. Davies Mackreth v. Nicholson M'Laren v. Miller Malta, The Malton Local Board of Health v. Malton Farmers Manure and Trading Co. Manson v. Hope 7 P. D. 126 ; 51 L. J. Ad. 81 ; 46 L. T. 907; 5 Asp. 555 ... . 104 Sec Buchanan v. Bowman. 1 Q. B. D. 59 ; 45 L. J. M. C. 30 ; 33 L. T. 502 ; 24 W. R. 343 . . . 251 19 Ves. 367 58 7 R. 867 25 2 Hag. Ad. 158 (u.) .... 114 4 Ex. D. 302; 49 L. J. M. C. 90; 44 J. P. 155 222 2 B. & S. 498 ; 31 L. J. M. C. 191 ; 8 Jur. 971 ; 6 L. T. 326 ; 10 W. R. 664 199 Maria, The 1 Rob. W. 95 Marks v. Ford 45 J. r. 157 . Marrow v. Flimby and Broughton Moor Coal and Fire-Brick [1898] 2 Q. B. Co. 97G ; 79 L. T Marshall v. Richardson 58 L. J. M. C. TABLE OF CASES. XXVll PAGE 123 157 588 ; 67 L. J. Q. B. , 397 . . . . 11 45 ; 60 L. T. 605 ; 16 Cox, C. C. 614 ; 53 J. P. 596 . . 139 Massey v. Morriss [1894] 2 Q. B. 412 ; 63 L. J. M. C. 185 ; 70 L. T. 873 ; 42 W. R. 638 ; 7 Asp. 586 ; 58 J. P. 673 . . . . 106 Maw V. Jones 25 Q. B. D. 107; 59 L. J. Q. B. 542; 63 L. T. 347 ; 38 W. R. 718 ; 54 J. P. 727 16 Maynard v. Peter Robinson, Ltd. 89 L. T. 136 9 Merryton Coal Co. v. Anderson 18 R. 203 88 Meiklereid v. West 1 Q. B. D. 428 ; 45 L. J. M. C. 91 ; 34 L. T. 353 ; 24 W. R. 703 ; 3 Asp. 129 116 Melville v. De Wolf 4 E. & B. 844 ; 24 L. J. Q. B. 200 ; 3 C. L. R. 960; 1 Jur. 758; 3 W. R. 401 115 Middleton,£a;j3. 4 D. & Ry. 824; 3 B. & C, 164; 2 L. J. (0. S.) K. B. 220 . . . 54 Midland Ry. v. Haunchwood Brick 20 C. D. 552 ; 51 L. J. Ch. 778; 46 and Tile Co. L. T. 301 ; 30 W. R. 640 . . . 94 Midland Ry. v. Robin- 15 A. C. 19 ; 59 L. J. Ch. 442 ; 62 L. T. son 194 ; 38 W. R. 577 ; 54 J. P. 580 . 94 Mile End Old Town [1903] 2 K. B. 483 ; 72 L. J. K. B. 651 ; Guardians v. Hoare 89 L. T. 276 ; 67 J. P. 395 ; 1 L. G. R. 732 ; 5 W. C. C. 100 . . 63 Mineral Water Bottle Exchange and Trade Protection Society 36 C. D. 465 ; 57 L. T. 573 ; 36 W. R. V. Booth 274 Mitcham, Ex :p. 5 B. & S. 585 ; 33 L. J. Q. B. 325; 10 Jur. 1254 ; 10 L. T. 573 ; 12 W. R. 983 Mitchcl V. Reynolds 1 P. W. 181 ; 1 Sm. L. C. 406 . Mitton V. Troke 20 L. T. 563 Mogul Steamship Co. [1892] A. C. 25; 61 L. J. Q. B. 295; V. McGregor, Gow 66 L. T. 1 ; 40 W, R. 337; 7 Asp. & Co. 120 ; 50 J. P. 101 ... . 24, 26 Moore v. Edwards 2 Chit. 213 202 Moorhouse v. Lee 4 F. & F. 355 5 24 162 24 213 XXVUl TABLE OF CASES. PAGE Morgan v. London 13 Q, B. D. 832 ; 53 L. J. Q. B. 352 ; General Omnibus 51 L. T. 213 ; 32 W. R. 759 ; 48 J. P. Co. 503 3, 4, 5, 6, 7, 8 Morgan r. SS. Castle- [1893] A. C. 38 ; 62 L. J. P. C. 17 ; gate and Others. G8 L. T. 99; 41 W. R. 349; 7 Asp. The Castlegate 284 113,116 Morteo v. Julian 4 C. P. D. 216 ; 48 L. J. M. C. 126 ; 41 L. T. 71 123 Moulton V. Wilby 2 H. & C. 25 ; 32 L. J. M. C. 164 ; 9 Jur. 472 ; 8 L. T. 284 ; 11 W. R. 670 ; 9 Cox, G. C. 318 .. . 142 Murphy v. Wilson 52 L. J. Q. B. 524 ; 48 L. T. 788 ; 47 J. P. 565 ; 48 J. P. 24 . . . 71 Musical Copyright As- sociation V. Barton (1903) The Times, Feb. 16 . . . 199 Ketherseal Colliery 14 A. C. 228 ; 59 L. J. Q. B. 66 ; 61 Co. V. Bourne " L. T. 125 ; 54 J. P. 84 . . . 87 Newspaper Proprie- tai-y Syndicate, In re, Hopkinson v. Newspaper Proprie- [1900] 2 Ch. 349 ; 69 L. J. Ch. 578 ; tary Syndicate, Ltd. 83 L. T. 341 ; 8 Mauson 65 . . 49 Nicholson v. Williams L. R. 6 Q. B. 632 ; 40 L. J. M. C. 159 ; 24 L. T. 875; 19 W. R. 973; 1 Asp. 67 104 NicoU V. Greaves 17 C. B. (N. S.) 27 ; 33 L. J. C. P. 259 ; 10 Jur. 919 ; 10 L. T. 531 ; 12 W. R. 961 3 Nimmo v. Clark and Wilson 10 M. 477 91 Nordenfelt v. IMaxim Nordenfelt Guns and [1894] A. C. 535 ; 63 L. J. Ch. 908 ; Ammunition Co. 71 L. T. 489 24 Norris v. Birch [1895] 1 Q. B. 639 ; 64 L. J. M. C. 91 ; 72 L. T. 491 ; 43 W. R. 271 ; 18 Cox. C. C. 123 163 Norton v. Powell 4 M. & G. 42 ; 11 L. J. C. P. 202 51 Nowlan v. Ablett 2 C. M. & R. 54 ; 1 Gale, 72 ; 5 Tyr. 709 ; 4 L. J. Ex. 155 ... 2 Nussey v. Birtwistle 58 J. P. 735 83 Oakes v, Monkland Iron Co., Ltd. 11 R. 579 ; 21 S. L. R. 407 . 4,12 TABLE OF CASES. XXIX O'Dea V. Crowhurst 68 L. J. Q. B, 655 ; 80 L. T. 491 ; 63 J. P. 424 ; 19 Cox, C. C. 260 . . 201 Ogle V. Morgan 1 De G. M. & G. 359 ; 16 Jur. (O. S.) 277 3 Old V. Robson 59 L. J. M. C. 41 ; 62 L. T, 282 ; 38 W. R. 415 ; 54 J. P. 597 . . . 24 Oldiug V. Wild 14 L. T. 402 ; 30 J. P. 295 . . 140 O'Neil V. Armsti-ong. [1895] 2 Q. B. 418 ; 65 L. J. Q. B. 7 ; Mitchell & Co. 73 L. T. 178 ; 8 Asp. 63 . . . 112, 114 Openshaw u. Oakeley 60 L. T. 929 ; 53 J. P. 740 ; 10 Cox, C. C. 671 202 Ormerod, Exp. 1 D. & L. 825 ; 13 L. J. M. C. 73 ; 8 Jur. (0. S.) 495 ... . 6 Osborue v. Jackson 11 Q. B. D. 619; 48 L. T. 642 . . 9 Owner v. Hooper 89 L. T. 130 ; 67 J. P. 400 ; 19 T. L. R. 001 41 Padwick v. King 7 C. B. (N. S.) 88 ; 29 L. J. :\I. G. 42 ; 6 Jur. 274 ; 1 L. T. 9S . . . 265 Palmer v. Snow [1900] 1 Q. B. 725 ; 69 L. J. Q. B. 350 ; 82 L. T. 199 ; 48 W. R. 351 ; 64 J. P. 342 ; 19 Cox, C. C. 475 . 3, 5, 52 Parkington v. Hey- wood, J?i re Hey wood 6Vc Hey wood, Lire. Passey v. Oxford Local Board of Health 43 J. P. 622 222 Puarce v, Lansdowue 62 L. J. Q. B. 441; 69 L. T. 316; 57 J. P. 760 2 Pearson v. Belgian [1896] 1 Q. B. 244 ; 65 L. J. M. C. 48 ; Mills Co. 74 L. T. 101 ; 44 W. R. 334 ; 18 Cox, C. C. 241 ; 60 J. P. 151 . . . 74 Pcatc V. Dicken 1 C. M. & R. 422; 5 Tyr. 116; 4 L. J. Ex. 28 51 Peerless, The Lush. 30 ; 2 L. T. 25 . . . . 123 Peninsular and Orien- tal Steam Naviga- [1901] 2 K. B. 686; 70 L. J. K. B. tion Co. V. The King 845 ; 85 L. T. 71 ; 9 Asp. 228 . . 105 Phillips V. Lnies 4 CI. & P. 234 4, 52 Pike V. Rossiter 37 L. T. 635 ; 42 R. R. 19 . . . 14 1 Pillar V. Llynvi Coal L. R. 4 C. P. 752 ; 38 L. J. C. P. 294 ; and Iron Co. 20 L. T. 923 ; 17 W. R. 1123 . . 41, 42 Pope V. Whalley B. & S. 303 ; 34 L. J. M. C. 36 ; 11 Jur. 444 ; 11 L. T. 769 ; 13 W. R. 402 251 Powles V. Hider E. & B. 207 ; 25 L. J. Q. B. 331 ; 2 Jur. 472 ; 4 W. R. 492 . . . IGO Princess Helena, The Lush. 190; 30 L. J. Ad. 137 ; 4 L. T. 869 11:!, 116 XXX TABLE OF CASES. Printers and Trans- ferrers Amalgama- ted Trades Protec- [1899] 2 Ch. 184 ; 68 L. J. Ch. 537 ; tion Society, In re 47 W. R. 619 22 Prior r. Slaithwaite [1698] 1 Q. B. 881 ; 67 L. J. Q. B. Spinning Co. 615; 78 L. T. 532; 46 W. R. 488; 62 J. P. 358 ; 19 Cox, C. C. 54 . 60 Purser v. Worthing 18 Q. B. D. 818 ; 56 L. J. M. C. 78 ; Local Board 35 W. R. 682 ; 51 J. P. 596 . . 233 Quinn v. Leathern [1901] A. C. 495 ; 70 L. J. P. C. 76; 85 L. T. 289; 50 W. R. 139; 65 J. P. 708 . . . . 25, 26, 28, 29, 30 R. r. Araaud and 9 Q. B. 806; IG L. J. Q. B. 50; 11 Powell Jur. (0. S.) 279 ... . 105 R. V. Chapman 7 J. P. 132 251 R. V. City of London 25 Q. B. D. 3-39 ; 59 L. J. Q. B. 427 ; 63 Court, Judge of L. T. 492 ; 38 W. R. 638 ; 6 Asp. 547 103 R. V. Cleworth See R. v. Silvester. R. V. Corporation of Trinity House 35 W. R. 835 122 R. V. Cox 2 Burr, 785 52 R. V. Druitt 16 L. T. 855 ; 10 Cox, C. C. 593 . . 30 R. V. Faraday 1 B. & Ad. 275 ; 9 L. J. (0. S.) M. C. .36 199,202 R. f. Friendly Societies, Sec R. v. Registrar of Friendly Registrar of Societies. R. V. Handley 9 L. T. 827 91, 95 R. V. Hodgkinson 10 B. & C. 74; 5 Man. & R. 162; 8 L. J. (0. S.) M. C. 47 . . . 200 R. V. Hopkins [1893] 1 Q. B. 621 ; 62 L. J. M. C. 57 ; 68 L. T. 292; 41 W. R. 431; 57 J. P. 152 251 R. V. Inhabitants of Whitnash See R. v. Whituash, Inhabitants of. R. V. Jarvis 3 E. & B. 640 ; 18 Jur. (0. S.) 1051 . 192 R. V. Johnston 55 L. T. 265 ; 16 Cox, C. C. 221 ; 6 Asp. 14 ; 51 J. P. 22 . . . 109 R. V. Kennett L. R. 4 Q. B. 565 ; 20 L. T. 656 ; 10 B. & S. 234 213 R. V. Leigh, Lord, In [1897] 1 Q. B. 132 ; 66 L. J. Q. B. 56 ; re Kinchant 75 L. T. 339 ; 18 Cox, C. C. 425 ; 61 J. P. 4 196 R. V. Little 1 Burr. 609 ; 2 Ld. Ken. 317 . . 201 R. V. Loates (1904) The Times, March 21 . . 164 TABLE OF CASES. XXXI R. V. Louth, Justices of R. V. Lyncli and Jones R. r. Mead R. V. Metropolitan Police District, Re- ceiver for R. V. Middlesex, Jus- tices of R. V. Proud R. r. Ramsay R. V. Receiver for Metropolitan Police District R. V. Registrar of Friendly Societies R. V. Rowlands R. V. Silvester R. V. Simmonds and Tiffen R. V. Smith and Aer- ated Bread Co, R. V. Stewart, Ex p. Olsen R. V. Trinity House, Corporation of R. V. Turner R. V. Walker R. V. Whitnash, I}i- habitants of R. V. Wood R. V. Wortlcy PAGE 6, 7 [1900] 2 I. R. 714 [1898] 1 Q. B. 61 ; G7 L. J. Q. B. 59 ; 77 L. T. 568; 46 W. R. 205; 8 Asp. 363 ; 18 Cox. C. C. 677. . 13, 31, 104 [1902] 2 K. B. 212 ; 71 L. J. K. B. 871 ; 87 L. T. 136 ; 50 W. R. 589 ; 06 J. P. 676 ; 20 Cox, C. C. 337 . . 52, 215 See R. V. Receiver for Metropolitan Police District. 2 B. C. R. 271 ; 17 L. J. M. C. Ill ; 11 Jur. (0. S.) 434 ; 3 New Sess. Cas. 152 L. R. 1 C. C. R. 71 ; 36 L. J. M. C. 62 ; 16 L. T. 364 ; 15 W. R. 796 ; 10 Cox, C. C. 455 16 W. R. 191 4 B. & S. 593 ; 33 L. J. Q. B. 52 ; 9 L. T. 375 ; 12 W. R. 74 . L. R. 7 Q. B. 741 ; 41 L. J. Q. B. 366 27 L. T. 229 . 2 Den. C. C. 364 ; 17 Q. B. 671 ; 21 L. J. M. C. 81 ; 16 Jur. (0. S.) 268 5 Cox, C. C. 466 .. . 33 L. J. M. C. 79 ; 10 Jur. 360 ; S. C, nom. Reg. v. Cleworth, 4 B. & S 927 ; 9 L. T. 682 ; 12 W. R. 375 38 Law Journal, 311 . 63 L. J. M. C. 67 ; 70 L. T. 373 ; 17 Cox, C. C 735; 58 J. P. 445 . [1899] 1 Q. B. 964 ; 68 L. J. Q. B. 582 80 L. T. 060 ; 47 W. R. 445 ; 63 J. P 547 ; 8 Asp. 534 .. . See R. V. Corporation of Trinity House 4 B. & A. 510 (1903) The Times, Nov. 23 . 7 B. & C. 590 ; 1 Man. & R. 452 ; 6 L. J (0. S.) M. C. 26 10 B. & S. 534 ; L. R. 4 Q. B. 559; 38 L. J. M. C. 144 ; 20 L. T. 654 ; 17 W. R. 850 2 Den. C. C. 333; T. & M. 636; 21 L. J. M. C. 44; 15 Jur. (O. S.) 1137 ; 5 Cox, C. C. 382 . 58 13 58 196 32 28 3,52 199 213 109 202 120 51. 52 213 XXXll TABLli OF CASES. PAGE 11. r. Younger 5 T. R. 449 ; 2 R. R. 638 . . . 52 Rainbow, The 53 L. T. 91 ; 5 Asp. 479 .. . 113, IIG Raiue v. Jobson & Co. [1901] A. C. 404 ; 70 L. J. K. B. 771 ; 85 L. T. 141 ; 49 W. R. 705; 17 T. L. R. 627 ; 3 W. C. C. 135 . . 64 Rawlius V. Ellis 16 ]\I. & W. 172 ; 16 L, J. Ex. 5 ; 10 Jur. (O. S.) 1039 .... 58 Rawlins r. West Derby Overseers 2 C. B. 72 ; 15 L. J. C. P. 70 . . 58 Rawstorne v. Back- L. R. 3 C. P. 67 ; 37 L. J. C. P. 26 ; 17 house L. T. 441 ; 16 W. R. 249 . . . 140 Read v. Friendly [1902] 2 K. B. 732 ; 71 L. J. K. B.994 ; Society of Operative 87 L. T. 493; 51 \V, R. 115; 66 Stonemasons J. P. 822 27, 29 Itcdgi-ave v. Kelly 37 \V. R. 543 ; 54 J. P. 70 . . . 40 Redgrave v. Lloyd [1895] 1 Q. B. 876 ; 64 L. J. M. C. 155 ; 72 L. T. 565 ; 43 W. R. 527 ; 18 Cox, C. C. 149 ; 59 J. P. 293 . . . 71 Reed v. Goldswortby 90 L. T. 126 122 Rigby V. Connol 14 C. D. 482 ; 49 L. J. Ch. 328 ; 42 L. T. 139 ; 28 W. R. 650 . . 25 Ridgway v. Ward 14 Q. B. D. 110 ; 54 L. J. M. C. 20 ; 51 L. T. 704 ; .33 W. R. 166 ; 15 Cox, C. C. 603 ; 49 J. P. 150 . . . 214 Riley v. Warden 2 Ex. 59 ; 18 L. J. Ex. 120 . . . 10 Ritchie v. Larsen [1899] 1 Q. B. 727 ; 68 L. J. Q. B. 3.35; 80 L. T. 259 ; 47 W. R. 413 ; 8 Asp. 501 115 Roberts v. Atkinson 18 R. (J. C.) 8 96 Robertson v. Johnson [1893] 1 Q. B. 129 ; 62 L. J. M. C. 1 ; 67 li. T. 560 ; 41 W. R. 223 ; 17 Cox, C. C. 580 ; 57 J. P. 39 . . . 136 Robinson v. Cliff 1 Ex. D. 294 ; 45 L. J. M. C. 109; 34 L. T. 689 214 Robinson r. Melville 17 R. (J. C.) 62 77 Rogers f. Macnamara 14 C. B. 27 ; 2 C. L. R. 569; 23 L. J. C. P. 1; 17 Jur. (0. S.) 1166; 2 W. R. 19 163 Rogers v. ilanchester [1898] 1 Q. B. 344 ; 67 L. J. Q. B. 310 ; Packing Co. 78 L. T. 17 ; 46 W. R. 350 ; 62 J. P. 166 ; 18 Cox, C. C. GD8 ... 62 Rolle V. Whyte 8 B. & S. 116 ; L. R. 3 Q. B. 286 ; 37 L. J. Q. B. 105; 17 L. T. 560; 16 W. R. 593 141 Ronaldson v. Mowat 21 R. (J. C.) 55 88 Rosario, The 2 P. D. 41 ; 46 L. J. Ad. 52 ; 35 L. T. 816; 3 Asp. 334 ... . 11-3 TABLE OF CASES. XXXIU Rossiter i'. Pike Rowlands v. Miller Ruther v. Harris Rutter V. Harris i Q. B. D. 24 ; 48 L. J. M. C. 81 ; 39 L. T. 496 ; 27 W. R. 339 ... 143 [1899] 1 Q. B. 735 ; 68 L. J. Q. B. 838 ; 80 L. T. 290 ; 47 W. R. 687 ; 63 J. P. 407 ; 8 Asp. 508 ... . 115, 118 1 Ex. D. 97 ; 45 L. J. M. G. 103 ; 33 L. T. 825 138 See Ruther v. Harris. Sailing Ship Garston Co. V. Hickie & Co. Sandeman v. Breach Sandiman v. Breach Sangster v. Noy Saunders, In re, Ex p. Saunders Saunders v. Whittle Savoy Hotel Co. v. London County Council Scarfe v. Morgan Schwerzerhof v. Wil- kins Scott, In tlte goods of Scott V. Bould Scott V. Mid. Ry. Scott V. Mid. Ry. and G. N. Ry. Secretary of Board of Trade v. Sundholm Shaffers v. General Steam Navigation Co. Sharman v. Sanders Shields i'. Howard W.L. 15 Q. B. D. 580 ; 53 L. T. 795 ; 5 Asp. 499 104 7 B. & C. 96 ; 9 D. & Ry. 796 ; 5 L. J. (0. S.) K. B. 298 ; 31 R. R. 169 . 54 See Sandeman v. Breach. 16 L. T. 157 58 [1895] 2 Q. B. 424 ; 64 L. J. Q. B. 739 ; 73 L. T. 172 ; 44 W. R. 30 ; 2 Manson, 361 ; 59 J. P. 740 . . . 180 33 L. T. 816 ; 24 W. R. 400 . . . 16 [1900] 1 Q. B. 665 ; 69 L. J. Q. B. 274 ; 82 L. T. 56 ; 48 W. R. 351 ; 64 J. P. 262 ; 19 Cox, C. C. 437 . . . 2, 252 4 M. & W. 270 ; 1 H. & H. 292 ; 7 L. J. Ex. 324 .... 51, 52 [1898] 1 Q. B. 640; 67 L. J. Q. B. 476 ; 78 L. T. 229 ; 62 J. P. 247 ; 19 Cox, C.C. 22 68 [1903] P. 243 ; 73 L. J. P. 17 ; 89 L. T. 588 180 [1895] 1 Q. B. 9 ; 64 L. J. ]M. C. 16 ; 71 L. T. 577 ; 18 Cox, C. C. 52 ; 59 J. P. 390 89 61 J. P. 358 ; 13 T. L. R. 398 . . 98 [1901] 1 K. B. 317 ; 70 L. J. K. B. 228 ; 83 L. T. 737; 49 W. R. 318; 65 J. P. 135 94, 98 See Board of Trade, Secretary of, V. Sundholm. 10 Q. B. D. 356 ; 52 L. J. Q. B. 260 ; 48 L. T. 228; 31 W. R. 656; 47 J. P. 327 9 13 C. B. 106 ; 3 C. & K. 298 ; 22 L. J C. P. 86; 17 Jur. (0. S.) 765 ; 1 W. R 152 10 [1897] 1 Q. B. 84 ; 66 L. J. Q. B. 105 45 W. R. 138 ; 60 J. P. 727 . . 250 XXXIV TABLE OF CASES. Short r. Bastard Silver Bullion, The Simmonds r. Heath Simpson r. Moore Sims V. Evans Simson v. Moss Sinnerton v. Merry and Cunninghame Skinner i'. Usher Sleeman v. Barrett Smith V. Bichmond Smith V. Sihray, Hall &Co. Smith V. Sparrow Smith V. Steele Smith V. Thomasson Smith V. Walton Smith & Son v. Kyle Southport, Mayor of, V. Morriss Southwell V. Lewis Spencer v. Livett, Frank & Son Spicer v. Barnard Squire v. Bayer & Co. Squire v. Stanley PAQE 4G J. P. 580 141 2 Spinks E. & A. 70 . . . . 189 G2 L. J. Q. B. 446 ; 69 L. T. 442 ; 42 W. R. 30 234 3 Coup. 26 89 41 L. T. 576 (n.) 94 2 B. & Ad. 543 ; 9 L. J. (0. S.) M. 0. 120 ; 36 R. R. 655 . . . . 200, 202 13 R. 1012 91, 96 L. R. 7 Q. B. 423 ; 41 L. J. M. C. 158 ; 26 L. T. 430 ; 20 W. R. 659 . . 157 2 H. & C. 934 ; 33 L. J. Ex. 153 ; 10 Jur. 476 ; 9 L. T. 834 ; 12 W. R. 411 9, 88 [1899] A. C. 448 ; 68 L. J. Q. B. 898 ; 81 L. T. 269 ; 48 W. R. 115 ; 63 J. P. 804 233 [1903] 2 K. B. 707 ; 72 L. J. K. B. 822 ; 89 L. T. 358 ; 52 W. R. 218 ; 1 L. G. R. 874;67J.P.390 .... 76 4 Bing. 84 ; 12 Moore G. P. 266 ; 2 C. & P. 544 ; 5 L. J. (0. S.) C P. 80 ; 29 R. R. 514 52 L. R. 10 Q. B. 125 ; 44 L J Q. B. 60 ; 32 L. T. 195 ; 23 W. R. 388 . . 123 62 L. T. 68 ; 16 Cox, C. C. 740 ; 54 J. P. 596 31 3 C. P. D. 109 ; 47 L. J. M. 0. 45 ; 37 L. T. 437 39 [1902] 1 K. B. 286 ; 71 L. J. K. B. 16 ; 85 L. T. 42S ; 50 W. R. 319 ; 66 J. P. 101 ; 20 Cox, C. C. 54 . . . 252. 253 [1893] 1 Q. B. 359 ; 62 L. J. M. C. 47 ; 68 L. T. 221 ; 41 W. R. 382 ; 7 Asp. 279 ; 57 J. P. 231 . . . 104 44 J. P. 796 256 [1900] 1 Q. B. 498 ; 69 L. J. Q. B. 888 ; 82 L. T. 75 ; 48 W. R. 323 ; 64 J. P. 196 ; 16 T. L. R. 179 ; 2 W C. C. 112 64 1 E. & E. 874 ; 28 L. J. M. C. 176 ; 5 Jur. 961 ; 7 W. R. 467 .. . 265 [1901] 2 K. B. 299 ; 70 L. J. K B. 705 ; 85 L. T. 247 ; 49 W. R. 557 ; 65 J. P. 629 43 84 L. T. 535 ; 65 J. P. 467 ; 19 Cox, C. 0. 695 73 TABLE OF CASES. XXXV Stallard v. G. W. Ey. Stead V. Nicholas Stead V. Tillotson Steel V. Lester and Lilee Stevens v. General Steam Navigation Company, Ltd. Stokes V. Mitcheson Strick V. Swansea Tinplate Co. Stuart V. Evans Sutherland, Duke of, V. Ross Swaine v. Wilson PAGE 2 B. & S. 419 ; 31 L. J. Q. B. 137 ; 8 Jur. 1076 ; 6 L. T. 217 ; 10 W. R. 488 67 [1901] 2 K. B. 163 ; 70 L. J. K. B. 653 ; 85 L. T. 23 ; 49 W. R. 522 ; 65 J. P. 484 : 20 Cox, C. C. 27 . . . 138 69 L. J. Q. B. 240 ; 48 W. R. 431 ; 64 J. P. 343 139 3 C. P. D. 121 ; 47 L. J. C. P. 43 ; 37 L. T. 642 ; 26 W. R. 212 ; 3 Asp. 537 105 [1903] 1 K. B. 890 ; 72 L. J. K. B. 417 ; 88 L. T. 542 ; 51 W. R. 578 ; 67 J. P. 415 ; 19 T. L. R. 416 ; 5 W. C. C. 95 59, 252 [1902] 1 K. B. 857 ; 71 L. J. K. B. 677 ; 86 L. T. 767 ; 50 W. R. 553 ; 66 J. P. 615 ; 20 Cox, C. C. 254 . . 89 36 C. D. 558 ; 57 L. J. Ch. 438 ; 57 L. T. 392 ; 35 W. R. 831 . . . . 25 49 L. T. 138 ; 31 W. R. 700 . . . 9 3 A. C. 736 143 24 Q. B. D. 252 ; 59 L. J. Q. B. 76 ; 62 L. T. 309 ; 38 W. R. 261 ; 54 J. P. 484 24 Taff Vale Ry. v. Amal- gamated Society of Railway Servants Taylor v. Laird Taylor v. Phillips Temperton v. Russell Terry v. Brighton Aquarium Co. Thomas v. Jones Thomson v. Burns Thomson v. Hart Thorpe v. Priestnall Todd V. Kellage Todd V. Kerrich Todd, Birleston & Co, and N. E. Ry., hi re [1901] A. C. 426 ; 70 L. J. K. B. 905 85 L. T. 147 ; 50 W. R. 44 ; 65 J. P 596 1 H. & N. 266 ; 25 L. J. Ex. 329 . 3 East, 155 ; 6 R. R. 575 . [1893] 1 Q. B. 715 ; 62 L. J. Q. B. 412 ; 69 L. T. 78 ; 41 W. R. 565 ; 57 J. P. 676 L. R. 10 Q. B. 300 ; 44 L. J. M. G. 173 32 L. T. 458 . 5 B. & S. 916 ; 34 L. J. INI. C. 45 ; 11 Jur. 306 ; 11 L. T. 450 ; 13 W. R 154 66 L. J. Q. B. 176 ; 76 L. T. 58 ; 18 Cox, C. C. 491 ; 61 J. P. 84 18 R. (J. C.) 3 . . . . [1897] 1 Q. B. 159; 66 L. J.Q. B. 248 45 W. R. 223 ; 00 J. P. 821 . 8 Ex. 151 ; 22 L. J. Ex. 1 ; 17 Jur (0. S.) 119 .... Sec Todd v. Kcllago. [1903] 1 K. B. 003 ; 72 Ti. J. K. B 337 ; 88 L. T. 306 ; 67 J. P. 105 c2 35 114 58 36 57 140 135 104 52 y 94 XXXVl TAP.LE OF CASES. Toller V. Spiers it [1003] 1 Ch. 3G2 ; 72 L. J. Ch. 191 ; 87 Pond, Ltd. L. T. 57S ; 51 W. R. 381 ; 67 J. P. 234 : 1 L. G. R. 193 ... 65 Turner r. Peat 53 J. P. 230 122 Umfrevillo v. London GO L. J. Q. B. 177 ; 75 L. T. 550 ; County Council 18 Cox, C. C. 464 ; 61 J. P. 84 . 256 Union Bank of London 3 C. P. D. 243 ; 47 L. J. 0. P. 409 : V. Lenanton 38 L. T. 098 ; 3 Asp. 600 . . 105 Upperton v. Ridley [1901] 1 K. B. 384 ; 70 L. J. K. B. 249 ; 84 L. T. 18 ; 49 W. R. .340 ; 65 J. P. 231 ; 19 Cox, C. C. 614 . . 195 VaUance v. Falle 13 Q. B. D. 109 ; 53 L. J. Q. B. 4.59 ; 51 L. T. 158; 32 W. R. 769 ; 5 Asp. 280 ; 48 J. P. 519 . . . 118 Vance v. Fro.st 58 J. P. 398 140 Vanguard, The 6 Rob. C. 207 114 Venables v. Smith 2 Q. B. D. 279; 46 L. J. Q. B. 470; .30 L. T. 509 ; 25 W. R. 584 . . IGO Vernon r. Watson [1891] 2 Q. B. 288 ; 60 L. J. Q. B. 472 ; 64 L. T. 723; 39 W. R. 520; 56 J. P. 85 35 V.V. Bread Co. r. 74 L. T. 704; 18 Cox, C. C. 336; 60 Stubbs J. P. 424 213 Wales V. Thomas 16 Q. B. D. .340 ; 55 L. J. M. C. 57 ; 55 L. T. 400; 16 Cox, C. C. 128 ; 50 J. P. 516 89, 95 Wallis V. Thorp L. R. 10 Q. B. 383 ; 44 L. J. Q. B. 137 ; 33 L. T. 11 ; 23 W. R. 730 . 40, 47 Walls V. Thomas Sec Wales v. Thomas. WaJsh V. Walley L. R. 9 Q. B. 367 ; 43 L. J. Q. B. 102 ; 22 W. R. 571 16 Walters v. Green [1899] 2 Ch. 696 ; 68 L. J. Ch. 780 ; 81 L. T. 151 ; 48 W. R. 23 ; 63 J. P. 742 36 Wanstead Local Board 13 C. B. (N. S.) 479; 32 L. J. M. C. of Health v. Hill 135 ; 9 Jur. 972 ; 7 L. T. 744 ; 11 W. R. 368 222 Warburtonr.Heywood See Warburton v. Hepvorth. Warburton v. Hey- 6 Q. B. D. 1 ; 50 L. J. Q. B. 137 ; 43 worth L. T. 461 ; 29 W. R. 91 ; 45 J. P. 38 16 Warner v. Brighton L. R. 10 Ex. 221 ; 44 L. J. M. C. Aquarivun Co. 175 (n.) 57 TABLE OF CASES. XXXVll Warren v. Whitting- ham IS T. L. R. 503 49 Warrior, The Lush. 476 ; 6 L. T. 133 ... lU Watts V: Lucas L. R. 6 Q. B. 226 ; 40 L. J. M. 0. 73 ; 24 L. T. 128 ; 19 W. R. 470 . . 140 Weaver v. Floyd 21 L. J. Q. B. 151 ; 16 Jur. (0. S.) 289 5. 10 Wells and Another v. The Owners of The Gas Float Whitton No. 2 Westbury upon Severn Union, In re Whitchurch, Ex p. Whitehead v. Holds- worth Whiteley v. Armitage Wilhelm Tell, The Wilkinson v. Calvert Wilkinson v. Rogers Williams v, Blackwall Williams v. Deggau Williams and Others V. North's Naviga- tion Collieries (1889), [1897] A. C. 337 ; 66 L. J. Ad. 99 ; 76 L. T. 663 ; 8 Asp. 272 . 104 4 E. & B. 314 58 1 Atk. 55 58 4 Ex. D. 13 ; 48 L. J. Ex. 254 ; .39 L. T. 638 ; 27 W. R. 94 . . 88 13 W. R. 144 b.. 10 [1892] P. 837 ; 61 L. J. Ad. 127 ; 69 L. T. 199 ; 41 W. R. 205 ; 7 Asp. 829 113 3 C. P. D. .360 : 47 L. J. C. P. 679 ; 38 L. T. 813 ; 26 W. R. 829 232 2 De G. J. & S. 62 ; 10 Jur. 162 ; 9 L. T. 096 ; 12 W. R. 284 . 251 2 H. & C. 33 ; 32 L. J. Ex. 174 ; 8 Jur. 579 ; 8 L. T. 252 ; 11 W. R. 621 . 140 16 L. T. 492 213 Ltd. Addenda Wilson V. Cookson 13 C. B. (N. S.) 496; 32 L. J. M. 0. 177; 9 Jur. 177; 8 L. T. 53; 11 W. R. 426 40 Wilson V. Glasgow Tramways and Om- nibus Co. 5 R. 981 8 Wilson V. Wishaw Coal Co. 10 R. 1021 90, 90 Wilson V, Zulueta 14 Q. B. 405; 19 L. J. Q. B. 49 ; 14 Jur. (0. S.) 306 ... . 4, 12 Winder v. Governors and Guardians of the Kingston-upon- Hull Corporation 20 Q. B. D. 412 ; 58 L. T. 583 ; 52 J. P. for the Poor 535 34 Winstone v. Linn 1 B. & C, 400 ; 2 D. & Ry, 465 ; 1 L. J. (0. S.) K. B. 126 ; 25 R. R. 455 . 16 XXX VUl TABLE OF CASES. Withingtoii Local Board of Health v. Manchester Cor- poration Wolfe V. ^Matthews Wolton V. Gavin Wood V. Bowron Wood V. McCarthy Woodhorn, The Woolwich Local Board of Health v. Gar- diner Wright V. Glyn Wright V. London General Omnibus Co. [1893] 2 Ch. 19 ; G2 L. J. Ch. 393 ; 68 L. T. 330; 41 W, R. 306; 57 J. P. 340 21 C. D. 194 ; 51 L. J. Ch. 833 ; 47 L. T. 158 ; 30 W. R. 838 . 16 Q. B. 48 ; 20 L. J. Q. B. 73 ; 15 Jur. (0. S.) 329 7 B. & S. 931 ; L. K. 2 Q. B. 21 ; 36 L. J. M. C. 5; 15 L. T. 207; 15 W. R. 58 [1893] 1 Q. B. 775 ; 62 L. J. Q. B. 373 69 L. T. 431 ; 41 W. R. 523 . 92 L. T. Jour. 113 ... [1895] 2 Q. B. 497 ; 64 L. J. M. C. 248; 73 L. T. 218 ; 44 W. R. 46 ; 18 Cox, C. C. 173 ; 59 J. P. 597 . [1902] 1 K. B. 745 ; 71 L. J. K. B. 497 ; 86 L. T. 373 ; 50 W. R. 402 . 2 Q. B. D. 271 ; 43 L. J. Q. B. 429; 36 L. T. 590 ; 25 W. R. 647 . 222 25 52, 177 30 36 114 201 264 164 Yarmouth v. France 19 Q. B. D. 647 ; 57 L. J. Q. B. 7 ; 36 W. R. 231 TABLE OF CASES-DEFENDANTS, Abercarn Colliery Co., Brace v. Ablett, Nowlan v. Allen & Sons, Hewlett v. Alward, Ltd., Edgill v. Amalgamated Society of Railway Servants, TaS Vale Ry. v. Amos, Cavill v. Amos, Lobb v. Anderson, Merryton Coal Co. v. Armitage, Whiteley v. Armor, Dodd v. Armstrong, Mitchell & Co.,0'Neilv, Arnaud and Powell, R. v. Associated Carpenters and Joiners of Scotland, Aitken v, Atkinson, Roberts v. Aynsley, Grainger v. Backhouse, Garnett v. Backhouse, Rawstorne v. Bank of London, Bell v. Bannister, Bannister v. Barnard, Spicer r. Barnes, Ingram v. Barrett, Sleeman v. Barton, Musical Copyright Asso- ciation V. Bastard, Short v. Bayer & Co., Squire v. Belgian Mills Co., Pearson v. Bennett, Judge v. Bermondscy Vestry, Attorney- General V. Berwick, Lord, Davics v. Birch, Hickman v. Birch, Norris i'. Birtwistle, Kindle r. Birtwistle, Nussey v. Blackwall, Williams v. Blenkensopp, Johnson v. Board of Trade, Keslake v. Bonella, Hughes v. Booth, Mineral Water, &c., Pro- j taction Society v. Bould, Scott V. Bourne, Netherseal Colliery Co. v. Bowman, Buchanan or McGill v. Bowron, Wood v. Breach, Sandeman or Sandi- man v. Brewer, Heath v. Brighton Aquarium Co., Terry v. Brighton Aquarium Co., Warner v Browning, Hill v. Burns, Thomson v. Calvert, Wilkinson v. Camberwell Vestry, Attorney- General V. Castlcgate, SS., and Others, Morgan v. Catterall, Blundell v. Caunt, Hopkinson v. Cawthorn, Grace v. Chapman, R. v. City of London Court, Judge of, R. r. Clark and Wilson, Nimmo v. Clarke, Foinott v. Clarke, Holmes v. xi TABLE OF CASES — DEFENDANTS. (Icworth or Silvester, R. v. Cliff, Robinson v. Clyde Coal Co., Hughes v. Collier, cxj'-. Ex 2). Bailey Connol, Rigby v. Cooke, Gazard v. Cookson, Wilson v. Corporation of Trinity House, R. v. Cory & Son, Cardiff &c. Associa- tion V. Court, Charnock v. Cowic, Kennedy v. Cox, R. V. Crewdson, Beetham v. Crowhurst, O'Dea v. Cummins, Chawner v. Cuthbertsou, Frazer & Co. v. Davies, Jones and Parry v. Davies, McHole v. Defontaine, Drury v. Deggan, Williams v. De Wolf, MelviUe v. Dicken, Peate v. Dickinson, Knowies v, Dipli\vys Casson &c. Co., Foster v. Druitt, R. V. Drury, Ashersmith v. Duncan, Graves v, Durdeu, Crepps v. Durham Joint Committee, Gar- butt V. Ebury, Lord, and Others, Bal- chin V. Eckersley, Hilton v. Edgehill, Great Northern SS- Fishing Co. v. Edwards, Cunnack v. Edwards, Hawkins v. Edwards, IMoore v, Ellis, Hurrell v. Ellis, Rawlins v. Elwin and Others, Cullen v. Embrey, Curtis v. English Fisheries, Special Com- missioners for. Gore v. Evans, Arkwright v. Evans, Davies v. Evans, Sims v. Evans, Stuart v. Evans & Co., James v. Eversfield, King v. Falle, Vallance v. Faraday, R. v. Fern Spinning Co., Crabtroe v. Flimby and Broughton Moor &c. Co., Marrow v. Flood, Allen v. Flower, Hodgson v. Floyd, Weaver v. Ford, ]\rarks v. France, Yarmouth v. Friendly Societies, Registrar of, R. V. Friendly Society of Operative Stonemasons, Read v. Frost, Vance v. Gabb, Druce v. Gardiner, Woolwich Local Board v. Gartside & Co., Leech v. Gas Float Whitton No. 2, Owners of. Wells and Another v. Gavin, Wolton v. General Steam Navigation Co., Ltd., Shaffers v. General Steam Navigation Co., Ltd., Stevens v. George, Hill r. George, Holford v. Glasgow Tramways S:g. Co., Wilson V. Glenpark, SS., Ltd., Board of Trade v. Glyn, Wright v. Goldsworthy, Reed v. TABLE OF CASES — DEFENDANTS. Xli Governors &c. Kingston-on-HuU &c., Winder r. G. E. Ry. and Mid. Ry., London and India Docks Co. r. G. N. Ry., Hunt v. G. N. Ry., Lamb v. G. W. Ry., StaUard v. Great Western Cotton Co., Britton v. Greaves, Lancaster v. Greaves, NicoU v. Green, Walters v. Gregg, Aerated Bread Co. v. Grieves, Chandler v. Gye, Lmnley r. Hall, Holland v. Hamilton, Fishbourue v. Handley, R. v. Hanson, Dale & Co., Beever v. Harding, Bennett v. Harris, Lucas i\ Harris, Ruther or Rutter v. Hart, Thomson v. Haslam, Hindley v. Hastie, Atkinson v. Haunchwood Brick &c. Co., Mid. Ry. V. Haynes, Gould v. Heath, Simmonds v. Henry, Keen v. Heyvvood, Parkington v., In re Keyvfood. Heyvvood, Warburton v. Hey worth, Ashwortli v. Heyworth, Warburton r. Hickie & Co., SS. Garston Co. i'. Hider, Powles v. Hill, Jackson v. Hill, Wanstead Local Board v. Hoarc, Mile End Old Town Guar- dians V. Hodgkinson, R. v. Holdsworth, Whiteliead v. Hokncs, Back v. Holt, Dunn v. Homfray, Brough v. Hooper, Owner v. Hope, Manson v. Hopkins, R. v. Hop wood. Hall v. Howard, Shields v. Howe, Buxton Lime Firms Co. v. Hubbard, Clemson v. Hughes, Llandudno Urban Dis- trict Council V. Humphreys, Humble v. Huxtable, Jones v. Independent Printing Co., Glas- gow V. Inhabitants of Whitnash, R. v. Innes, Phillips v. Jackson, Osborne c, James, Archer v. James, Core v. Jarvis, R. v. Jennings, Gordon v. Jobson & Co., Rainc i'. Johnson, Kruse v. Johnson, Robertson v. Johnston, R. v. Jones, Fisher v. Jones, Maw v. Jones, Thomas v. Judge of City of London Court, n.v. Julian, Morteo v. Kollage, Todd v. Kelly, Redgrave r. Kendall, Everard v. Kennett, R. v. Kenshole, Hooper v. Kent, Connor v. Kerrich, Todd v. Kinchant, In re, R. v. Lord Leigh King, Dean v. King, Padwick v. xlii TABLE OF CASES DEFENDANTS. Knight, Crocker v. Kyle, Smith & Son v. Laird, Taylor v. Landoro Siemens Steel Co., Howells V. Langley, Baxter v. Lansdowne, Pearce v. Larsen, Ritchie v. Lawrence, Bound v. Lawsou, Gibson v. Leathern, Quinn v. Lee, ]Moorhouse v, Leigh, Lord, R. v., In re Kinchant. Leuanton, Union Bank of Lon- don V. Leonard, Lyne v. Lester and Lilee, Steel v. Letts, Bishop v. Lewis, Southwell v. Linden, Lawler v. Linn, Winstone v. Little, Hodgson v. Little, R. V. Littleboy, Duke v. Livett, Frank & Son, Spencer v. Lloyd, Redgrave v. Llynvi &c. Co., Pillar v. Loates, R. v. London County Council, Savoy Hotel Co. V. London County Council, Umfre- ville V. L. G. 0. Co., Morgan v. L. G. 0. Co., Wright v. London Improved Cab Co., King v. London Trams Omnibus Co., Hodges V. Lonsdale, Earl of, Lord Lecon- field V. Louth Justices, R. i". Lovekin, Bowers v. Lucas, Watts v. Lunn, Bellamy v. Lupton, Howard v. Lynch and Jones, R. c. Macbrayiie, Burrell v. IklcCabo, Falconer v. McCarthy, Wood v. McGregor, Gow & Co., Mogul SS. Co. V. Macnamara, Rogers v, M'Naught, Clark ;•. Malton Farmers &c.^Co., Malton Local Board v. Manchester Corporation, Withing- ton Local Board v. Manchester Packing Co. , Rogers v. Maritime Insurance Co. , Greenock SS. Co. V. Matthews, Wolfe v. Maxim &c. Co., Nordenfelt\', Mayner, Cocks v. Mead, R. v. INIelville, Robinson v. Merry and Cunningham, Sinner- ton V. Met. Board of Works, Joyce v. ^let. Police District, Receiver for, n.v. Meyrick, Duchess of Cleveland v. Middlesex Justices, R. v. Mid. Ry., Scott v. Mid. Ry. and G. N. Ry., Scott v. Miller, M'Laren v. Miller, Rowlands v. Mills, Collman v. Mitchell, Fearon v. Mitcheson, Stokes v. Monklaud Iron Co., Oakes r. Moore, Simpson v. Morgan, Ogle v. Morgan, Scarf e v. Morris, In re, Ex p. Cooper, Morries, Massey v. Morriss, Mayor of Southport v. Mortgagees of Plymouth Works, Charles v. Moss, Simson v. TABLE OF CASES — DEFENDANTS. xliii Motherwell Branch, Amalgamated Society of Eaihvay Servants for Scotland v. Mowatt, Ronaldson v. Mylchreest, Attorney-General for Isle of Man v. National &c. Labourers' Union &c., Giblan v. Newcastle Trinity House Board, Henry v. Newspaper Proprietary Sjmdicate, Hopkinson v., In re Newspaper Proprietary Syndicate. Nicholas, Stead v. Nicholson, Mackreth v. Nightingale, Elias v. North Hendre Lead Mining Co., Poster V. North Metropolitan Tramways Co., Cook V. Northern INIarine Insurance Co., Hunter v. North's Navigation Collieries (1889) Ltd., Williams and Others v. Noy, Sangster v. Oakeley, Openshaw v. Oddy, Bateson v. Ogden, Blenkinsop v. Olsen, Ex p., R. v. Stewart. Overseers of West Derby, Raw- lins V. Owners of Gas Float Whitton No. 2, Wells and Another v. Oxonholme, SS.. Co., Delaroque v. Oxford Local Board, Pasaey v. Parrott, Beadon v. Paterson, Caledonian Ry. v. Pearse, Cooper v. Peat, Turner v. Pcirse, Clayton v. Pemsel, Commissioners of Income Tax V. Penneck, Bran well v. Peter Robinson, Ltd., Deane v. Peter Robinson, Ltd., Maynard v. Phillips, Gibbon v. Phillips, Taylor v. Pike, Rossiter v. Pilcher and Others, Linaker v. Pinkerton, Burton v. Pinkney &c. SS. Co., Ltd., Hedley v. Piatt, Coe V. Plymouth Works, Mortgagees of, Charles r. Ponsonby, Hartley r, Powell, Cutter v. Powell, Norton v. Press, Bowes and Partners, Ltd. v. Price, Carrier v., In re Amos. Price, Crowe v. Priestnall, Thorpe v. Prosser, Bromage v. Proud, R. V. Pulsford, Hammond v. Radnor, Earl, Lowther v. Ramsay, R. v. Rayner, Anderson v. Read, London County Council v. Rec. for Met. Pol. Dist., R. v. Redruth Rural District Council, Knuckey v. Registrar of Friendly Societies, R. r. Rex, Peninsiilar & 0. S. N. Co. y. Reynolds, Mitchell v. Richardson, Marshall v. Richmond, Smith v. Riddler, Fennell v. Ridley, Upperton v. Ritchie, Hoare v. Roberts, Collman v. Robinson, Mid. Ry. v. Robson, Old v. Rogers, Wilkinson v. Ross, Duke of Sutherland v. xliv TABLE OF CASES — DEFENDANTS. Rossiter, Piko v. Rowlands, R. i\ Roydcn. Hanson v. Russell, Temperton v. Ryle, Hardy r. Sailing Ship Castlegato and Others, Morgan v. Sailing Ship Glenpark, Ltd., Board of Trade r. Sanders, Sharman v. Scopenich, Chalmers i\ Sheffield Corporation, Goodwin v. Sheppard, Doel v. Shooter, Hudson v. Short, Jones v. Sibray, Hall & Co., Smith v. Silvester or Cleworth, R. v. Simmonds and Tiffeu, R. v. Slaithwaite Spinning Co., Prior v. Small, Evans v. Smith, In re, Ex p. Fox. Smith, Chamberlain's Wharf, Ltd. V. Smith, Gregg v. Smith, Veuables v. Smith and A. B. Co., R. v. Snow, Palmer v. Souden, Frecheville v. South Wales Miners' Federation and Others, Glamorgan Coal Co., Ltd. and Others v. Southport Corporation, R. v. Sparrow, Smith v. Special Commissioners for Eng- lish Fisheries &c., Gore v. Spiers and Pond; Ltd., Toller v. Spurr, King v. Stanford, Clarke v. Stanley, Squire v. SS. Oxenholme Co., Delaroque v. Steele, Smith v. Stewart, R. v., Ex p. Olsen. Stones, Cuckson v. Storey, Case v. Stubbs, V. V. Bread Co. v. Sundholni, Secretary of Board of Trade v. Sutherland, Hughes v. Swansea Tinplate Co., Strick v. Swanwick, Briggs v. Teal, Barlow t'. Thirlwall, Hopton v. Thomas, Carter v. Thomas, Wales or Walls r. Thomasson, Smith v. Thompson, Allen v. Thompson, Beale v. Thompson, Button v. Thorp, Wallis v. Tillotson, Stead v. Todd, Lawrence v. Tomline, Attorney-General v. Tongue, Attorney-General v, Treleaven, Curran v. Trinity House, Corporation of, B..V. Troke, Mitton v. Tunbridge, Allen v. Turner, Birch v. Turner, R. v. Usher, Skinner /•. Vaughan, Goldstein i-. Walker, Copcland v. Walker, R. v. Walley, Walsh v. Walton, Smith v. Ward, Cutts v. Ward, Ridgway v. Warden, Riley v. Warren, Collison v. Watson, Gregson v, Watson, Vernon v. Welsh Granite Co., Attorney- General r. TABLE OF CASES — DEFENDANTS. xlv West, Meiklereid v. West Derby Overseers, Rawlins v. Whalley, Pope v. White, Dewey i'. Whitehaven Colliery Co., Kear- ney V. Whitfield, Daniel v. Whitmore, Knight v. Whitnash, Inhabitants of, R. v, Whittingham, Warren v. Whittle, Saunders v. Whyte, RoUe v. Wilby, IMoulton v. Wild, Olding v. Wilkins, Lyons & Sons v. Wilkins, Schworzerhof v. Williams, Nicholson v. Williams and Others, Claim of, Re Great Eastern SS. Cy. Wilson, Bell v. Wilson, Murphy v. Wilson, Swaine v. Wilson and Others, Farmer v. Wimborne, Lord, Groves v. Wishaw Coal Co., Wilson v. Wood, R. V. Woods, Llandudno Urban District Council V, Woolhouse, Attorney-General v. Worthing Local Board, Purser v. Wortley, R. v. Wright, Higham v. Yorkshire Miners' Association, Howden v. Younger, R. v. Zulueta, Wilson v. TABLE OF STATUTES. Sunday Faxes Act, 1448 PooB Relief Act, 1601 Sunday Observance Act, 1625 Sunday Observance Act, 1627 Sunday Observance Act, 1677 Adulteration of Hops Act, 1733 Exemption from Impressment Act, 1739 Frauds by Workmen Act, 1748 . Fish Carriage Act, 1762 Frauds by Workmen Act, 1777 . Parish Apprentices Act, 1778 Sunday Observance Act, 1780 KLnackers Act, 1786 Parish Apprentices Act, 1792 Hop Trade Act, 1800 . Parish Appukntices Act, 1802 Militia Act, 1802 . Bloombbury Square Act, 1806 PAGE 27 Hen. VI. c. 5 . . 53 43 Eliz. c. 2. s. 1 . . 241 3 . . 241 1 Car. I. c. 1 . 56 3 Car. I. c. 2 64, 55, 215, 222 29 Car. II. c. 7 . 52, 85, 214, 215 s. 1 . 3, 50, 51 2 . . 55 7 Geo II. c. 19. . . 239 13 Geo. II. c. 17 . . 184 22 Geo. II. c. 27. s. 1 . . 250 2 Geo. III. c. 15 54 17 Geo. III. c. 56 . 250 18 Geo. III. c. 47 . 15 21 Geo. III. c. 49. s. 1 . . 56 2 . 57 20 Geo. ni. c. 71 . 215,217 s. 1 . 217, 218 1 ct scq. . 217 2 . . 218 3 . . 219 4 . . 219 8 . . 218 9 . . 219 10 . . 219 14 . . 217 32 Geo. III. c. 57 15 39 & 40 Geo. HI. c . 81. 239 42 Geo. III. c. 46 . 15 42 Geo. III. c. 90. s. 43 . . 193 46 Goo. III. c. cxxxiv. . 157 xlviii TARLE OF STATUTEb. Herring Fishehy (Scotl\nd) Act, 1808 48 Geo. III. c. 110. Hop Trade Act, 181 1 . Stamp Act, 1815 .... Parish AppRE^TICES Act, 1810 Bread (Londok) Act, 1822 . piaster a>"d Servast Act, 182-3 Vagbancy Act, 1824 Night Poaching Act, 1828 . Metropolitan; Police Act, 1829 Lo^•DO^• HacicsEY Carriage Act, 1831 s. 50 . 134 51 Geo. III. c. 123 239 55 Geo. III. c. 181 4 50 Geo. III. c. 139 15 3 Goo. IV. c. cvi. 2, 12 s. 1 . 213 2 . 213 4 . 213 8 . . 213 9 . 214 12 . 214 10 . 52, 214 4 Geo. IV. c. 34. s. 3 . 5 Geo. IV. c. 83. s. 3 . . 199 9 Geo. IV. 0. 09 . . 204 s. 2 . . 205 13 . . 205 10 Geo. IV. c. 44 . . 189 s. 4 . 191, 192 5 . . 102 12 . . 197 34 . . 192 35 . . 192 1 & 2 Will. IV. c. 22 . 145, 152 155, 101 s. 4 . . 150 27 . . 104 28 . . 101 33 . . 154 35 . 157, 158 30 . . 157, 158, 100 37 . 55, 157 40 . . 1.54 41 . . 159 43 . . 159 44 . . 158 45 . . 159 47 . . 159 48 . . 158 50 . . 150 51 . . 100 55 . . 157 50 . 100 TABLE OF STATUTES. xHx London Hackney Caeeiage Act, 1831, contd. PAGE s. 57 . Game Act, 1831 1 & 2 Will. IV. c. 32 8.2 . 3 . 56,265 5 . .265 6 . .265 13 . . 265 14 . . 265 15 . . 265 31 . . 265 35 . . 265 TaucK Act, 1831 1 & 2 Will. IV. c. 37 . l, 10, 37, 38, 85 s. 1 . .39 2 . .44 3 . .39 4 . .45 5 . .46 6 . .46 7 . .45 8 . .39 9 . .47 10 . .47 13 . .47 14 . .47 23 .41, 46, 46 24 . . 42 25 . .38 Stage Cabbiages Act, 1832 . . . 2 & 3 Will. IV. c. 120. 145, 150 s. 5 . . 150 6 . .151 7 . 150, 151 36 . 150, 151 37 . . 151 43 . . 152 47 . . 152 London Hackney Caebiages Act, 1833 3&4 Will.IV.c.48 145,150 s. 1 . . 151 4 . .151 Apprentices Act, 1833 . . . . 3 & 4 Will. IV. c. 63 . 15 Lighting and Watching Act, 1833 . 3 & 4 Will. IV. c. 90. s. 4 . . 243 44 . . 243 Bank of England Act, 1833 . . 3 & 4 Will. IV. c. 98. s. 6 . . 30 W.L. d 160 265 265 TABLE OF STATUTES. Poor Law Amendment Act, 1834 Naval Enlistment Act, 1835 Highway Act, 1835 Bread Act, 1936 Wills Act, 1837 Post Office (Management) Act, 1837 Post Office (Offences) Act, 1837 Metropolitan Police Act, 1839 PAGE 4 & 5 Will . IV. c .76 . 15 5 & 6 Will . IV. c .24 . 183 s. 1 . 185, 187 2 . . 187 9 . 185 5 & 6 Will . IV. c. ,50. s. 5 . 259, 260 70 . 266 72 . 200 ,203, 258 76 . 259 77 . 260 78 . 25S 1, 260 113 . 259 6 & 7 WiU. , IV. c. 37 . 212 s. 1 . 213 2 . 213 4 . 213 6 . 213 7 . 214 10 . 214 14 . 52 ,214 33 . . 213 7 Will. IV . & 1 Vict. c. 26. s. 11. 112, 180, 187 7 Will. IV. & 1 Vict. c. 33. 1 3.2 . 242 9 . , 242 12 . 242 7 Will. IV. & 1 Vict. c. 36. i 5.2 . 242 3 . 242 7 . 242 8 . 157 2 & 3 Vict. c. 47 189 s. 2 . 192 15 . 193 16 . 193 51 . 54 ,55, 164, 259 54 . 154, 251, 258, 260, 261, 268 TABLE OF STATUTES. li PAGE Pensions Act, 1839 -. . . . 2 & 3 Vict, c 51 . 183 s. 2 . . 180 3 . . 186 4 . .186 Metropolitan Police Courts Act, 1889 2 & 3 Vict. c. 71. s. 37 . . 17 County Police Act, 1839 . . . 2 & 3 Vict. c. 93 . 189 s. 6 . 191, 192 9 . .193 10 . 192, 193 13 . . 193 14 . . 193 Police (City op London) Act, 1839 . 2 & 3 Vict. c. xciv. , 190 s. 8 . . 193 9 . .191 H . . 197 12 . . 196 13 . . 197 14 . 192, 193 17 . . 193 20 . 54, 55, 164, 259 35 . 154,251, 258, 260, 261, 268 39 . . 260 40 . . 251 Chimney Sweepers and Chimneys Begulation Act, 1840 . . 3 & 4 Vict. c. 85. s. 2 . . 223 3 . .223 County Police Act, 1840 . . . 3 & 4 Vict. c. 88 . 190 s. 19 . . 191 Pabish Apprentices Act, 1842 . . 5 & 6 Vict. c. 7 . . 15 Poor Law Amendment Act, 1842 . 5 & 6 Vict. c. 57. s. 5 . . 242 Bailway Passenger Duty Act, 1842 . 5 & 6 Vict. c. 79 145, 150 s. 13 . . 151 14 . . 151 15 . . 151 16 . . 151 17 . . 151 Tobacco Act, 1842 . . . . 5 & 6 Vict. c. 93. s. 13 . . 204 14 . . 204 Parish Constables Act, 1842 . . 5 & Vict. c. 109 190, I'Jl Hosiery Act, 1843 G & 7 Vict. c. 40. ss, 1 et scq. . 250 ^/— 2 Hi TABLE OF STATUTES. London Hackney Carriages Act, 1843 Night Poaching Act, 1844 . Parish Constables Act, 1844 Trafalgar Square Act, 1844 Knackers Act, 1844 Poor Law Amendment Act, 1844 . Silk Weavers Act, 1845 Baths and Washhouses Act, 1846 Markets and Fairs Clauses Act, 1947 PAGE 6 & 7 Vict. c. 86 145, 152, 155, 161 8.7 . . 153 8 . 162, 163 10 . . 162 15 . . 163 17 . . 163 18 . . 163 19 . . 163 21 . . 162 22 . 163, 165 23 . . 165 24 . . 163 25 . . 163 27 . . 164 28 . 160, 164 29 . . 163 30 . . 157 32 . . 153 33 . 153, 154. 156 157, 160 35 . . 164 38 . 159, 164 7 & 8 Vict. c. 29 . 265 s. 1 . . 26.- 7 & 8 Vict. 0. 52 190, 191 7 & 8 Vict. c. 60 . 192 7 & 8 Vict. c. 87 . 215 s. 1 . . 218 7 & 8 Vict. c. 101 . 15 8 & 9 Vict. c. 128. s. 1 . . 83 9 & 10 Vict. c. 74. s. 1 . . 207 5 . . 207 25 . . 207 33 . . 207 34 . . 207 38 . . 207 10 & 11 Vict. c. 14 . 200, 215 219, 220 s. 3 . . 220 13 . 200, 203 17 . . 220 19 . . 220 20 . . 221 TABLE OF STATUTES. liii Towns Improvement Clauseb Act, 1847 Baths and Wabhhouses Act, 1847 Town Police Clauses Act, 1847 . PAGE 10 & 11 Vict. c. 34 . 215, 219, 220 s. 3 . . 220 126 . . 221 126 . 218, 221 127 . 218, 221 128 . 218, 221 129 . 218, 221 130 . . 218 181 . . 221 10 & 11 Vict. c. 61. 8.2 . . 207 5 . . 207 7 . . 207 10 & 11 Vict. c. 89 . 145, 7, 148, 149, 165, 167 , 190, 191 s. 1 . 166, 243 2 . 191, 243 3 . . 167 6 . . 191 7 . . 191 11 . . 193 82 . 192, 243, 244 33 . 192, 244 37 . . 168 38 . . 167 39 . . 168 41 . . 168 43 . . 168 46 . . 167 46 . . 168 48 . . 168 49 . • 168 60 . 167, 168 61 . . 169 62 . . 169 63 . . 169 64 . . 169 66 . . 169 56 . . 169 67 . . 170 68 . . 169 69 . . 170 60 . . 170 62 . . 170 63 . . 170 liy TABLE OF STATUTES. Town Police Clauses Act, 1847, contd. Cruelty to Animals Act, 1849 s. 64 . 170 65 . 170 66 . 169 68 . 170 69 . 268 12 & 13 Vict. c. 92 215 s. 7 . 215 8 . 219 9 . 219 10 . 218 11 . 219 13 & 14 Vict. c. 7 145, 155, 161 s. 2 . . 163 4 . . 157 13 & 14 Vict. c. 20 190. 191 Parish Coxstables Act, 1850 Poor Law (Apprentices, &c.) Act, 1851 14 & 15 Vict. c. 11 . 15 Herring Fishery Act, 1851 . . 14 & 15 Vict. c. 26. Naval Enlistment Act, 1853 Naval Volunteers Act, 1853 s. 2 . . 134 3 . . 134 16 & 17 Vict. c. 33 . 145, 152, 156, 161 s. 2 . . 162 4 . . 159 5 . . 159 6 . . 158 7 . . 158 8 . . 158 9 . . 158 11 . . 157 12 . . 157 14 . . 153 15 . . 161 17 . 157, 158, 159 sched. A. . 158, 159 16 & 17 Vict. c. 69 . 183 s. 4 . . 184 7 ct seq. . 184 9 . . 185 16 & 17 Vict. c. 73 . 183 s. 13 . 184, 189 14 . . 184 15 . 184, 189 16 . . 184 TABLE OF STATUTES. Iv PAGE Naval Volunteees Act, 1853, contd, s. 21 . 184, 189 22 . 184, 189 London Hackney Carriage (No. 2) Act, 1853 16 & 17 Vict. c. 127 . 146, 156, 161 s. 16 . . 164 Pilotage Law Amendment Act, 1853 . 16 & 17 Vict, c. 129. s. 8 . . 121 12 . . 124 13 . . 124 Ceuelty to Animals Act, 1854 . . 17 & 18 Vict. c. 60. s. 2 . . 260 JIetropolis Management Act, 1865 . 18 & 19 Vict. c. 120. s. 118 . .' 267 Metropolitan Police Act, 1856 . . 19 & 20 Vict. c. 2 190, 192 s. 5 . . 191 County and Borough Police Act, 1856 19 & 20 Vict. c. 69 190, 191 s. 9 . . 193 CoAST-GuABD Service Act, 1856 . . 19 «t 20 Vict. c. 83. s. 2 . . 189 3 . .188 6 . .189 7 . .189 Metropolitan ]\Iarket Act, 1857 . 20 & 21 Vict. c. cxxxv. 215, 220 s. 2 , . 220 8 . .220 11 . 221, 259 13 . . 259 14 . . 259 17 . 218, 221 18 . 54, 259 20 . . 259 21 . . 259 35 . . 221 Superannuation Act, 1859 . . .22 Vict. c. 26, s. 17 . . 243 Military Savings Banks Act, 1859 . 22 & 23 Vict, c, 20. s. 2 . . 179 County and Borough Police Act, 1859 22 & 23 Vict. c. 32 . 190 s. 3 . . 193 4 . .193 24 . . 197 Watermen's and Lightermen's Amend- ment Act, 1859 22 & 23 Vict. c. cxxxiii. 269, 273 Ivi TABLE OF STATUTES. Watermen's and Liqhtekmen's Amend- MKNT Act, 1859, coiitd. Game Licences Act, 1860 s. 2 . 269 3 . 269 8 . 269 24 . 270 25 . 270 29 . 273 30—33 . 273 34—41 . 273 46 . 270 47 . 270 48 . 270 50 . 270 51 . 270 52 . 270 S4 . 270 55 . 270 66 . 270 57 . 270 58 . 270 60 . 271 61 . 270 64 . 271 ,275 66 . 271 67 . 271 68 . 271 70 . 272 71 . 272 72 . 272 73 . 272 74 . 272 75 . 272 76 . 272 84 . 270 87 . 273 89 et seq. . 273 94 . 269 96 . 269 96 . 269 97 . 269 98 . 269 99 . 269 100 . 269 101 . 269 102 . 269 23 & 24 Vict. c. 90 265 TABLE OF STATUTES. Ivii PAGE Game Licences Act, 1860, contd. Metropolitan Police Act, i860 Admiralty Couht Act, 1861 . Locomotive Act, 1861 . Malicious Damage Act, 1861 Offences Against the Person Act, 1861 Salmon Fishery Act, 1861 . s. 2 265 6 265 7 265 8 265 9 265 23 & 24 Vict. c. 135 190 s. 5 , 193 24 & 25 Vict. c. 10. s. 10 118 24 & 25 Vict. c. 70 261 s. 4 . 262 24 & 25 Vict. c. 97. s. 3 , 239 19 239 32 142 58 29 24 & 25 Vict. c. 100. s. 26 , 15 24 & 25 Vict. c. 109 , 136 s. 4 , 137, 140, 141 ,143 5 142 8 140 9 142 10 141 11 140 12 . 142 ,143 14 142 15 143 16 143 17 138 21 • 56, 138, 144 22 . 56 144 27 143 28 . 143 31 , 138 33 138 25 & 26 Vict. c. 114 265 s. 1 , 265 Poaching Prevention Act, 1862 . ^ilbappropbiation by servants act, 1863 26 & 27 Vict. c. 103 . 264 City op London Traffic Regulation Act, 1863 26 & 27 Vict. c. ccvi. 8. 3 . . 267 Iviii TABLE OF STATUTES. Naval Agency and Distribution Act, 1864 Chimney Sweepers Regulation Act, 1864 Metropolitan Police Act, 1864 . Navy and Marines (Wills) Act, 1865 Naval and Marine Pay and Pensions Act, 1865 Locomotives Act, 1865 Metropolitan Fiee Brigade Act, 1865 Navy and Marines (Property Deceased) Act, 1865 Salmon Fishery Act, 1865 . Hop (Prevention of Frauds) Act, 1866 Naval Sa.vings Banks Act, 1866 . Naval Discipline Act .... 27 & 28 Vict. c. 24 183 ss. 12—15 . 186 27 & 28 Vict. c. 37. s. 6 . 223 7 . 223 27 & 28 Vict. c. 55. s. 1 . 251 28 & 29 Vict. c. 72 . 188 28 & 29 Vict. c. 73 . 183 s. 3 . 185 4 . 186 5 . 186 7 . 186 8 . 186 28 & 29 Vict. c. 83 261 s. 3 . 261 ,263 4 . 263 6 . 266 7 . 262 28 & 29 Vict. c. 90. s. 4 . 243 7 . 243 8 . 243 , 244 9 . 243 12 . 243 28 & 29 Vict. c. Ill . 188 28 & 29 Vict. c. 121 . 136 s. 4 et seq. . 138 27 . 138 31 . 138 34 . 138 34 et seq. . 139 39 . 140 60 . 142, ,143 64 . 138, 140, 142 29 & 30 Vict. c. 37 239 29 & 80 Vict. c. 43 185 29 & 30 Vict. c. 109 . 183, 186 s. 1 . 51, ,187 58 ct seq_. . 186 84 . 51, 183 TABLE OF STATUTES. lix PAGE Naval Discipline Act, contd. Revenue Act, 1867 Poor Law Amendment Act, 1867 . Agricultural Gangs Act, 1867 . Metropolitan Streets Act, 1867 Workshop Regulation Act, 1867 Sea Fisheries Act, 18G8 Revenue Act, 1869 .... Metropolitan Public Carriage Act, 1869 s. 88 . , 180 97 . 187 98 . 187 30 & 31 Vict. c. 90. s. 1 . . 204 17 . 204 30 & 31 Vict. c. 106 8.29 . 243 30 & 31 Vict. 0. 180 2.37 s. 3 . 237 ,238 4 . 238 5 . 238 6 . 238 7 . 239 8 . 239 9 . 238 10 . 2.38 30 & 31 Vict. c. 134 145, 152, 156 ,161 s. 2 . 258, 260, 264 ,267 3 . 267 4 . 258, 260, 264 ,267 7 . 258 8 . , 154 10 . 260, 264, 267 14 . 154 15 . 264 10 . 260^ ,267 19 . 267 20 . 267 20 . 158 30 & 31 Vict. c. 146 s. 4 . 6 31 & 32 Vict. c. 45. ss. 1— 26 130 28 et scq. 135 68 . 141 32 & 33 Vict. c. 14. s. 39 . • 150 32 & 33 Vict. c. 115 145, 150, 153, 156, 161 8.2 . 153, 156 Ix TABLE OF STATUTES. PAGE ^Iktropoutan Public Cabriage Act, 1869, cmtd. 9. 4 . 160, 163, 166 5 . .153 6 . 162, 16-1 7 . .162 8 . .162 9 . 164, 156, 157, 158, 169 11 . . 162 Wages Attachment Abolition Acr, 1870 33 & 34 Vict. c. 30 . 49 Gun Licence Act, 1870 . . . 33 & 34 Vict. c. 57 . 266 s. 7 . . 266 Life Assurance Compahieb Act, 1870 33 & 34 Vict. c. 61 22 s. 2 . .22 Elementary Education Act, 1870 . 33 & 34 Vict. c. 75 73 Juries Act, 1870 33 & 34 Vict. c. 77. 8. 9 . . 193 Tramways Act, 1870 . . . . 33 & 34 Vict. c. 78 . 166 s. 46 . 152, 154 48 . . 152 Trade Union Act, 1871 . . . 34 & 36 Vict. c. 31 19, 32 s. 2 . .23 3 . .23 4 . .24 5 . .22 6 . .31 7 . .33 8 . .36 9 . .36 10 . .36 11 . .84 12 . 25,35 13 . 31,32 14 . .32 15 . .32 16 . .34 17 . .20 23 . .21 Local Government Board Act, 1871 . 34 & 35 Vict. c. 70 . 207 Sunday Observation Prosecution Act, 1871 34 & 36 Vict. c. 87 52, 216 s. 1 . . 215 Pedlaes Act, 1871 34 & 35 Vict. c. 96 . 198 s. 3 . 199, 201 4 . .199 TABLE OF STATUTES. Ixi PAGE Pedlabs Act, 1871, contd. Petroleum Act, 1871 Pauper Inmates Discharge Kegulation Act, 1871 Merchant Shipping Act, 1872 Metalliferous Mikes Regulation Act, 1872 Parish Constables Act, 1872 Customs and Inland Revenue Act, 1873 Regulation of Railways Act, 1873 . Salmon Fishery Act, 1873 . s. 5 . 199,200 6 . 200 10 . 200 17 . 200 23 . 199 34 & 35 Vict. c. 105 203 34 & 35 Vict. c. 108. s. 6 . 241 35 & 36 Vict. c. 73. s. 10 . . 124 35 & 36 Vict. c. 77 64, 84,87 s. 3 . 7, 93,98 4 . 94 5 . 95 6 . 95 7 . . 95 9 . 47, 95,98 11 . 95,98 13 . . 96 23 . . 95 ss. 24—30 98 s. 39 . . 94 41 . 7, 93,98 35 & 36 Vict. c. 92 . 190 s. 2 . . 191 4 . . 191 36 & 37 Vict. c. 18. s. 5 . 270, 271 36 & 37 Vict. c. 48 . 71 36 & 37 Vict. c. 71 . 136 s. 4 . 140, 143 5 . . 138 13 . . 142 14 . . 141 15 . . 144 16 . . 143 17 . . 142 18 . 138,140. 142 19 . . 138 21 . . 138 21 ct scq 139 22 . . 139 20 . . 138 Ixii TABLE OF STATUTES. Salmon Fishery Act, 1873, contd. Hosiery Manufacture (Wages) Act, 1874 Slaughter-houses, &c. (Metropolis) Act, 1874 Explosives Act, 1875 Metalliferous Mines Regulation Act, 1875 Public Health Act, 1875 . s. 29 . . 138 36 . . 138 39 . . 141 S9et seq . 138 AGet seq . 143 37 & 38 Vict. c. 48. 39 , 44, 47 s. 1 . . 47 2 . . 47 3 . . 47 4 . . 47 5 . . 47 37 & 38 Vict. c. 67 . 215 s. 4 . . 221 38 & 39 Vict. c. 17 . 208 s. 3 . . 209 4 . . 209 iet seq . 208 5et seq 208 6 , . 209 9et seq. 208 10 . . 209 11 . . 209 15 . . 208 17 . . 208 21 et seq. 208 23 . . 209 ss. 30—32 . 208 s. 33 et seq. 208 39 . 209, 212 40 . 209, 212 iOet seq. 208 48 . 209, 212 60 . 204 83 . 208 104 . 209 105 . 208 108 . 209 38 & 39 Vict. c. 39 95 38 & 39 Vict. c. 55 6^ ^ 146, 165 21 6,219 s. 4 . 6 0,218 6 . 16 6,170 10 . 6 6, 207 TABLE OF STATUTES. Ixiii PAGE Public Health Act, 1875, cojitd. Friendly Societies Act, 1875 Sale op Food and Drugs Act, 1875 Chimney Sweepers Act, 1875 Remission of Penalties Act, 1875 Conspiracy and Protection of Pro- perty Act, 1875 Employers and Workmen Act, 1875 s. 38 . . 66 91 . . 66 112 . . 222 114 . . 222 126 . . 169 127 . . 169 169 . 218, 220, 221 170 . 218, 221 171 . L66— 170, 243, 268 172 . 263, 268 211 . . 234 230 . . 234 314 . . 239 38 & 39 Vict. c. 60. s. 16 . . 35 28 . . 22 38 & 39 Vict. c. 63 . 213 38 & 39 Vict. c. 70. s. 5 . . 224 6 . . 224 8 . . 224 10 . . 224 11 . . 224 12 . . 224 16 . . 223 17 . . 224 18 . . 224 38 & 39 Vict. c. 80. s. 1 . . 57 38 & 39 Vict. c. 80 19, 20, 28,31 s. 3 . . 25 4 . . 29 5 . . 29 6 . . 15 7 . . 30 8 . . 25 9et seg. 25 15 . . 29 16 . 13, 31 38 & 39 Vict. 0. 90 let scq., 4 7, 85, 245 s. 3 . . 13 Ixiv TABLE OF STATUTES. PAGE Employers and Workmen Act, 1875, contd. s. 4 . 14,17 6 . 15 7 . 15 8 . . 16 9 . . 16 10 . 2, 16, 38, 245 11 . . 16 12 . . 15 13 . 12,15 Agricultural Holdings (England; Act, 1875 88 & 39 Vict. c. 92 . 230 Salmon Fishery Act, 1876 . 30 & 40 Vict. c. 19 136, 138 s. 4 . . 138 Trade Union Act Amendment Act, 1876 39 & 40 Vict. 0. 22 19 s. 2 . . 22 3 . . 35 4 . . 33 6 . 31,32 7 . . 22 8 . . 32 9 . . 21 10 . . 34 11 . . 21 12 . . 21 13 . . 21 14 . . 22 15 . . 23 16 . . 32 Elver Fishing Act, 1870 39 & 40 Vict. c. 34 . 143 Divided Parishes and Poor Law- Amendment Act, 1876 39 & 40 Vict. 0. 61. s. 23 . . 34 Elementary Education Act, 1876 39 & 40 Vict. c. 79 . 73 s. 5 . 238, 245 52 . . 238 Fisheries (Oyster, Crab, and Lobster) Act, 1877 30 & 41 Vict. c. 42. s. 4 . . 135 5 . 135 8 . 135 10 . 135 Fisheries (Dynamite) Act, 1877 . 40 & 41 Vict. c. 65 142 Threshing Machines Act, 1878 . 41 & 42 Vict. c. 12 266 Freshwater Fisheries Act, 1878 41 & 42 Vict. c. 39 136 s. 3 . 139 TABLE OF STATUTES. IxV PAGE Freshwater Fisheries Act, 1878, conid. s. 5 . 138 142 6 . 138 7 . 138 139 10 . 138 11 . 139 12 . 142 41 & 42 Vict. c. 74. s. 34 . • 256 41 & 42 Vict. c. 77 261 8. 26 . 259 28 . 262 42 & 43 Vict. c. 12 . 34 Contagious Diseases (Animals) Act, 1878 Highways and Locomotives (Amend- ment) Act, 1878 Poor Law Amendment Act, 1879, Salmon Fishery Law Amendment Act, 1879 42 & 43 Vict. c. 26 136, 139 Children's Dangerous Performances Act, 1879 42 & 43 Vict. c. 34 . 250 Merchant Shipping (Payment of Wages and Rating) Act, 1880 . . 43 & 44 Vict. c. 16. s. 11 . 12, 15 Elementary Education Act, 1880 . 43 & 44 Vict. c. 23 . 73 8. 4 . 238, 245 Spirits Act, 1880 43 & 44 Vict. c. 24. s. 146 . . 204 Employers' Liability Act, 1880 . . 43 & 44 Vict. c. 42 . 1, 85 Alkali, &c.. Works Regulation Act, 1881 44 & 45 Vict. c. 37 - 222 Pedlars Act, 1881 . . 44 & 45 Vict. c. 45. Army Act 8.2 . 199 3t. c. 58 176 BS. 4—46 180 47—75 180 s. 76 . 178 77 . 178 78 . 178 80 . 177 81 . 177 82 . 177 83 . 178 84 . 178 85 . 178 87 . 178 88 . 179 89 . 179 90 . 181 W.L. Ixvi TABLE OF STATUTES. PAGE Army Act, contd. s. 92 . . 181 94 . . 177 95 . . 177 96 . 177, 181 100 . 177, 182 136 . . 179 ss. 138—140 . 179 s. 141 . . 179 144 . . 181 145 . . 179 173 . . 180 179 . . 183 190 . . 183 Petroleum (Hawkers) Act, 1881 . 44 & 45 Vict. c. 67 . 203 Slate Mines (Gunpowder) Act, 1882 . 45 & 46 Vict. c. 3 .96 Public Health (Fruit Pickers Lodg- ings) Act, 1882 45 & 46 Vict. c. 23 . 239 Reserve Forces Act, 1882 . . . 45 & 46 Vict. c. 48 . 176 s. 3 . . 181 5 . .182 11 . . 182 12 . . 182 14 . . 182 18 . . 182 20 . . 182 25 et scq. 182 Municipal Corporations Act, 1882 . 45 & 46 Vict. c. 50 . 190 s. 191 . 191, 192 215 . . 191 Sea Fisheries Act, 1883 . . . 46 & 47 Vict. c. 22. s. 7 . . 130 28 . . 130 Payment of Wages in Public-Houses Prohibition Act, 1883 . . . 46 & 47 Vict. c. 31 1, 87, 95 s. 2 . .47 3 . .48 Cheap Trains Act, 1883 . . . 46 & 47 Vict. c. 34. s. 3 . . 245 Provident Nominations and Small Intestacies Act, 1883 . . .46 & 47 Vict. c. 47. s. 3 . .34 Agricultural Holdings (England) Act, 1883 46 & 47 Vict. c. 61 225, 226, 232 p. 2 . 227, 229 3 . 227, 230 TABLE OF STATUTES. Ixvii Agricultural Holdings (England) Act, 1883, contd. Army (Annual) Act, 1884 Freshwater Fisheries Act, 1884 Sea Fisheries Act, 1884 Naval Discipline Act, 1884 . Naval Pensions Act, 1884 . Naval Enlistment Act, 1884 Post Office (Protection) Act, 1884 Metropolitan Streets Act, 1885 Freshwater Fisheries Act, 188G Army (Annual) Act, 1880 s. 4 . 227, ,230 5 . 231 17 . 231 29 et seq. 231 33 . 232 34 . 232 35 . 226 36 . 226 37 . 226 ss. 38—40 . 226 s. 41 . 233 44 . 233 45 . 233 47 . 233 53 . 229 64 . 226 55 . 230 59 . 229 61 . 225, 226, 233 62 . 230 47 & 48 Vict. c. 8 176 s. 7 . 183 47 & 48 Vict. c. 11 136 s. 1 . 138, , 141 2 . 138 8 . 138 6 . 187 7 . 142 8 . 139 47 & 48 Vict. 0. 27 135 47 & 48 Vict. c. 89 183, , 186 s. 8 . 51 ,183 47 & 48 Vict. c. 44 184 ,186 s. 2 . 188 47 & 48 Vict. 0. 46 184 s. 2 . 185 4 . 184 47.& 48 Vict. 0. 76. s. 10 . 243 48 & 49 Vict. c. IS 146, 15:!, 258, 260, 264, , 2G7 49 & 50 Vict. c. 2 136, , 138 49 & 50 Vict. c. 8 . 176 8.6 . 178 e 2 s. 7 . . 183 49 & 50 Vict. c. 32, s. 9 . . 256 49 & 50 Vict. c. 39 . 136 s. 3 . 137, 138 Ixviii TABLE OF STATUTES. Akmy (Anncal) Act, 1886, co7itd. Contagious Diseases (Animals) Act, 1886 Salmon and Freshwater Fisheries Act, 1886 Extraordinary Tithe Redemption Act, 1886 49 & 50 Vict. c. 54. s. 1 . . 234 Police Disabilities Removal Act, 1887 50 & 51 Vict. c. 9 190, 193 Allotments and Cottage Gardens Compensation for Crops Act, 1887 . 50 & 51 Vict. c. 26 . 234 s. 2 . . 235 4 . 234, 235 5 . .235 7 et seq. 235 18 . 230, 235 Stannaries Act, 1887 . Truck Amendment Act, 1887 50 & 51 Vict. c. 43 84 s. 2 . 99 3 . 99 4 . 100 5 . 101 G . 100 11 . 9 9, 100 12 . 99 15 . 100 16 . 101 17 . 100 18 . 101 50 & 51 Vict. c. 46 1, 37,85 s. 2 . 11,38 3 . 42 4 . 39 5 . 46 6 . 45 7 . 42 8 . 41 9 . 41,42 10 . 38,39 11 . 47 12 . 47 13 . 44, 47 15 . 47 16 . 45 17 . 42 TABLE OF BTATUTES, Ixix PAGE Allotments Act, 1887 . . . . 60 & 51 Vict. c. 48 . 236 s. 6 . . 236 7 . 230, 232, 235, 236, 237 Coal Mktes Regulation Act, 1887 . 50 & .51 Vict. c. 58 44, 64, 84, 85, 93, 95 Customs and Inland Revenue Act, 1888 Hawkebb Act, 1888 .... Local Goveenment Act, 1888 County Courts Act, 1888 . Sea Fisheries Regulation Act, 1888 Preferential pAyMENxs ii< Bank- ruptcy Act, 1888 .... 8.3 . .7,86 4 . 86 6 . 86 6 . 86 7 . 86,87 8 . 87 10 . 88 11 . 47, 87 12 87 13 . 88 14 . 88 16 . 91 18 . 91 20 et seq. 89 35 . 92 49 . 89 50 . 89 ss. 51—56 92 s. 70 . 93 71 . 86,94 75 . 7,86 61 & 52 Vict. c. 8. s. 4 . 162 9 . 204 61 & 52 Vict. c. 33 198 s. 2 . 201 3 . 202 4 . 203 6 . 203 6 . 202 61 & 62 Vict. c. 41 190 s. 6 . 243 39 . 19 1, 192 40 . 243 61 & 52 Vict. c. 43. s. 96 . 16 51 & 62 Vict. c. 5i 134 51 & 62 Vict. c. 62 i8, 49 s. 2 . 100 IXX TAHLE OF STATUTES Town Police Clauses Act, 1889 . Weights and ^Measures Act, 1889 Revenue Act, 1889 .... Interpretation Act, 1889 Infectious Disease (Notification) Act, 1889 Abmy (Annual) Act, 1890 Public Health (Rating of Orchards) Act, 1890 Infectious Disease (Prevention) Act, 1890 Reserve Forces Act, 1890 . Police Act, 1890 Tenants Compensation Act, 1890 page 52 & 53 Vict. c. 14 146, 148, 165, 1G6 s. 3 . . 166 4 . . 166, 167, 168, 169, 170 5 . . 168 G . . 170 52 & 53 Vict. c. 21. s. 32 . . 214 52 & 53 Vict. c. 42. s. 30 . . 188 52 & 53 Vict. c. 63. s. 38 . 59 52 & 53 Vict. c. 72. s. 6 . 69 53 & 54 Vict. c. 4. s. 4 . . 176 53 & 54 Vict. c. 17 . 233 53 & 54 Vict. c. 34. s. 4 . . 256 53 & 54 Vict. 0. 42 . 176 s. 1 . . 182 2 . . 182 53 & 54 Vict. c. 45 190, 193 s. 1 . . 194 2 . 194, 195 3 . . 195 4 . 193, 194 5 . 193, 194, 196 6 . . 194 7 . . 196 8 . . 196 14 . 193, 194 20 . 193, 194 23 . . 192 30 . 193, 194 32 . 194, 195 39 . . 193 sched. I. (1, 11) . 195 (9, 10) . 196 53 & 54 Vict. c. 57 227, 235 s. 3 . . 231 TABLE OF STATUTES. IxXl Public Health Acts Amendment Act, 1890 Housing of the Working Classes Act, 1890 Allotments Rating Exemption Act, 1891 Fisheries Act, 1891 .... Stamp Duties Management Act, 1891 Mortmain and Charitable Uses Act, 1891 Public Health (London) Act, 1891 . Salmon and Freshwater Fisheries Act, 1892 Shop Hours Act, 1892 Trade Union (Provident Funds) Act, 1893 ....... Regimental Debts Act, 189ci 53 & 51 Vict. c. 59 216, 219 s. 22 . . 66 29 . 218, 221 30 . 218, 221 31 . . 221 44 . . 268 53 & 54 Vict. c. 70 vi. 54 & 55 Vict. c. 33 . 233 54 & 55 Vict. c. 37 . 134 54 & 55 Vict. c. 38. s. 6 . . 204 7 . . 204 54 & 55 Vict. c. 73 . 33 54 & 55 Vict. c. 76 216, 220 s. 2 . . 66 19 . 219, 220, 221, 222 19 et seq. 217 20 . 218, 221 28 . . 256 38 . . 66 69 . 239, 256 70 . . 165 71 . . 256 141 . 217, 218, 220 , 221, 256 142 . 217, 221 55 & 56 Vict. 0. 50 . 136 s. 3 . . 144 6 . . 144 55 & 50 Vict. c. 62 43, 251, 253 s. 3 . . 253 4 . . 253 6 . . 253 9 . 251, 252 10 . 2, 252 56 & 57 Vict. c. 2 . 33 56 & 67 Vict. c. 5 . 181 56 & 57 Vict. c. 6 190, 193 Ixxii TABLE OF STATUTES. PAGE Police Act, 1893 5G & 57 Vict. c. 10 . 190 s. 1 . 192, 196, 244 2 . 192, 196, 244 3 . .195 Railway Regulation Act, 1893 . . 56 & 57 Vict. c. 29 . 244 Housing of the Wobking Classes Act, 1893 56 & 57 Vict. c. 33 . vi. Elementary Education (School At- tendance) Act, 1893 . Local Government Act, 1894 Thames Watermen's and Lightermen's Act, 1893 56 & 57 Vict. c. 51 73, 238, 245 56 & 57 Vict. c. 73 216 s. 7 . 207 10 . 230, 232, 235, 236, ,237 11 . 207 27 . 218 ,238 53 . 207 58 . 207 56 & 57 Vict. c. 81 273 s. 3 . 273 ,274 68. 4—6 274 s. 7 . 274 ss. 8—10 . 274 s. 11 . 274 16 . 274 18 . 274 19 . 274 21 . 274 23 . 274 24 . 274 25 . 274 26 . 274 33 . 273 34 . 273 35 . 273 Sea Fisheries (Shell Fish) Regula- tion Act, 1894 57 & 58 Vict. c. 26 134, 135 Locomotive Threshing Engines Act, 1894 57 & 58 Vict. c. 37 . 266 Prevention of Cruelty to Children Act, 1894 57 & 58 Vict. c. 41. s. 2 . 248, 249 3 . .250 Quarries Act, 1894 . . 67 «& 68 Vict. c. 42 84 TABLE OF STATUTES. Ixxiii PAGE QcARBiES Act, 1894, contd. s. 1 . .7,98 2 . 98 3 . 99 57 & 58 Vict. c. 51 . 223 Chimmey Sweepers Act, 1894 Coal Mines (Check Weigher) Act, 1894 57 & 58 Vict. c. 52 . 88 Housing op the Working Classes Act, 1894 57 & 58 Vict. c. 55 . vi. Diseases of Animals Act, 1894 . . 57 & 58 Vict. c. 57 . 216 s. 32 . . 222 Merchant Shipping Act, 1894 . . 57 & 58 Vict. c. 60 ss. 1—3 . 105 s. 2 . 106, 128 3 . .105 24 et seq. 105 31 et seq. 105 47 . 105, 127 59 . 105, 127 77 . 105, 127 92 . . 107 105 . . 109 lOG . . 110 107 . . 110 108 . . 109 109 . . 109 ss. 110—112 . 109 s. 113 . . 107 114 . . 107 115 . . 108 116 . . 108 120 . . 108 122 . . 108 123 . . 108 125 . . 108 126 . . 110 127 . . 118 128 . . 118 129 . . 119 130 . . 119 131 . . 117 132 . . 117 133 . . 117 134 . 113, 116, 117 136 . 113, 116 137 . . 117 Ixxiv TABLE OF STATUTES. Merchant Shippikg Act, 1894, contd. PAGE s. 140 . . 115 141 . . 115 ss. 142—144 . 115 s. 143 . . 116 144 . . 116 ss. 145—147 . 116 s. 155 . . 113 156 . . 113 157 . . 113 158 . . 115 159 . . 115 160 . - 115 161 . . 115 162 . . 114 163 . . lie 164 . . 117 165 . . 117 166 . . 117 167 . 113, 116 168 . . 110 ss. 169—171 . 112 s. 170 . . 128 171 . . 128 172 . 112, 128 174 . 112, 118, 129 176 . 112, 128 177 . 112, 129 178 . 112, 128 179 . 112, 128 182 . . 118 184 . 120 185 . . 119 186 . 119 187 . 119 188 . . 120 189 . . 117 190 . 120 192 . . 120 195 . 112, 129 ss. 195—197 . 184 s. 196 . 112, 129 198 . . Ill 199 . . Ill 200 etseg^. 110 203 . . 109 TABLE OF STATUTES. IxXV PAGE Merchant Shipping Act, 1894, contd. s. 206 111 207 111 208 111 210 105 211 111 213 110 214 120 215 120 216 121 217 120 218 120 220 et seq. 111 221 17, 112, 113 222 . 112 224 112 225 . 112 ss. 239— 243 . 112 s. 246 105 247 105 , 117 259 121 262 105, 107. 109, 112, 117 118 263 107, 127, 128 129 369 . 127 131 ss. 369— 417 . 126 s. 370 127 371 . 130 131 373 . 127 128 374 . 128 375 . 127 376 et scq. 120 379 . 129 380 . 129 381 . 129 382 . 128, 129 383 . 128 385 . 130 386 . 130 387 . 128 388 . 128 392 130, 131 393 . 129. 130 395 . 130, 131 396 . 131 Ixxvi TABLE or 6TATUTE8. Merchant Shipping Act, 1894, contd. s. 397 . 88. 399—408 8.400 . 401 . PAGE 131 131 132 132 402 . 181, 132 403 . 404 . 405 . 406 . 407 . 409 . 410 . 411 . 418 . 417 . 427 et seq 439 . 446 . 451 . 462 . 457 et seq, 458 . 459 . 462 . 668 . 572 . 673 . 577 . 578 . 581 . 682 . 123, 124 BS. 582—584 . 121 B. 584 . . 122 586 . . 122 687 . . 122 588 . . 122 589 . . 122 591 . . 123 592 . . 123 594 . . 123 SB. 596—598 . 122 8. 599 et seq. 122 BB. 603—605 . 121 8. 603 et seq. 123 606 . 122, 124 611 . . 124 132 133 133 132 132 133 133 133 133 133 106 106 106 106 106 106 106 106 106 189 121 121 121 121 121 TABLE OF aiATUTES. IxXVli PAGB Mebchant Shippikg Act, 1894, cotitd. Thames Consebvamct Act, 1891 Shop Houes Act, 1895 Market Gardeners' Compensation Act, 1895 Aqricdltural Rates Act, 1896 Friendly Societies Act, 1896 collbcting societies and industrial Assurance Companies Act, 1396 s. 612 . 124 613 . . 124 618 et sej. 124 619 . . 124 620 . . 124 622 . 121, 123 625 . . 121 SB. 630—632 . 124 s. 692 . . 106 699 . . 118 742 . 12, 103, lOi 105, 121 744 . . 127 sched. II. . 130, 131 V. . . 110 VI. . . 105 XV. . . 127 57 & 58 Vict. c. clxxxvii. 270, 271 s. 299 . . 275 301 . . 275 302 . . 275 303 . . 275 304 . . 275 305 . . 275 58 & 59 Vict. c. 5 . 253 58 & 59 Vict. c. 27 . 225 s. 1 . . 225 3 . . 226, 228, 232 4 . . 226 5 . . 226 6 . 226. 228 59 & 60 Vict. 0. 16. 8. 1 . . 234 9 . 234 59 & 60 Vict. c. 25 254 s. 22 . 33 ss. 62—6 1 22 K. 84 . 22 107 . 22 59 & 60 Vict. c. 20. 8. 13 . . 22 18 . 22 Ixxviii TABLE OF STATUTES. PAGE London Cab Act, 1806 . . . . 59 & 60 Vict. c. 27 149, 160 Conciliation Act, 1896 . . . . 59 A 60 Vict. c. 30 . 18 Locomotives on Highways Act, 1896 . 59 & 60 Vict. c. 36 . 146, 149, 150, 171, 175 Meteopolitan Market Act, 1896 Coal Mines Regulation Act, 1896 Truck Act, 1890 .... Stannaries Court (Abolition) Act, 1896 Navy and Marines (Wills) Act, 1897 Preferential Payments in Bank- ruptcy Amendment Act, 1897 . Workmen's Compensation Act, 1897 . Dangerous Performances Act, 1897 . Merchant Shipping Act, 1897 Chaff-Cutting Machines (Accidents) Act, 1897 Beserve Forces and Militia Act, 1S98 Locomotives Act, 1898 .... s. 1 . 171, 172, 174, 261 2 . 172, 173 3 . . 173 6 . . 174 59 & 60 Vict. c. xxxvi. s. 7 . . 259 59 & 60 Vict. c. 43 . 85 s. 1 . . 92 5 . 85,90 G . . 90 59 & 60 Vict. c. 44 1,37, 40, 42, 85, 256 s. 1 . 42, 256 2 . . 44 3 . . 44 4 . . 47 5 . 46, 256 6 . 44,47 7 . . 44 8 . . 44 9 . . 42 10 . 11,47 12 . 11,38 59 & 60 Vict. c. 45 . 101 60 & 61 Vict. c. 15 . 188 60 & 61 Vict. c. 19 48,49 60 & 61 Vict. c. 37 41, 83 s. 7 . 64, 245 00 & 61 Vict. c. 52 . 250 60 & 61 Vict. c. 59 . 106 60 & 61 Vict. c. 60. s. 1 . . 267 2 . . 267 61 & 62 Vict. c. 9 . 182 61 & 62 Vict. c. 29 . 261 s. 1 . . 262 2 . . 262 3 . . 262 5 . 202, 263 TABLE OF STATUTES. Ixxix PAGE Locomotives Act, 1898, contd. Seats for Shop Assistants Act, 1899 . Aemy (Axncal) Act, 1900 Police Resbevists (Allowances) Act, 1900 Mines (Prohibition of Child Labour Underground) Act, 1900 . Railway Employment (Prevention op Accidents) Act, 1900 .... Reserve Forces Act, 1900 . Agricultural Holdings Act, 1900 s. 6 . . 262 8 . . 262 9 . . 262 10 . . 262 13 . . 263 17 . 261, 262 C.2 & G3 Vict. c. 21 . 253 G3 & 64 Vict. c. 5 . 176 s. 4 . . 178 G3 & G4 Vict. c. 9 190, 190 63 & 64 Vict. c. 21 86,94 G3 & 64 Vict. c. 27. s. 1 . . 244 16 . . 71 63 & 64 Vict. c. 42 176, 181 63 & 64 Vict. c. 50 225, 226 s. 1 . 227, 231 2 . 227, 231 3 . . 231 4 . . 232 5 . . 231 6 . . 233 7 . . 231 9 . 226, 228, 231 12 . . 231 14 . . 225 63 & 64 Vict. c. 53 . 73 Elementary Education Act, 1900 Housing of the Working Classes Act, 1900 C3 & 64 Vict. c. 59 . vi Agricultural Rates Act, 1896, &c.. Continuance Act, 1901 . . .1 Edw. VII. c. 13 . 234 Factory and Workshop Act, 1901 . 1 Edw. VII. c. 22 16, 59, 83, 85, 98, 205, 246, 250, 252, 253 s. 1 66,68 ss. 1—9 . 205 s. 2 . 66,67 3 . 69 6 . 63 7 . 68 8 69 9 66 10 . 71 IXXX TABLE OF STATUTES. Factory and Workshop Act, 1901, cojitd. PAGE S3. 10—18 . 205 8. 11 . . 71 12 . .72 13 . .74 ss. 14— IG . 72 s. 19 . . 205 19 et seq. 92, 99 ss. 23—67 . 252 s. 24 . 74, 75, 78, 79 25 . 78, 79 26 . 75, 77 27 . 79,80 28 . 77,79,80 29 . .78 30 . .77 31 . 81, 253 32 . .81 33 . . 82 34 53, 73, 214 85 . .81 36 . .75 37 . .74 88 . .75 39 . . 75 40 . .82 41 . 75, 81, 82 42 .73,74,75, 81 43 . 75, 79, 80 44 . .75 45 . .81 46 . .81 47 .53,73,75, 214 48 53, 73, 214 49 . .76 50 . .76 51 . .76 52 . .77 53 . .77 54 . 56, 77, 78, 81 55 . .78 56 . .78 TABLE OF STATUTES. kxxi PAGE Factoey and Wokkshop Act, 1901, contd. W.L. s. 57 77 61 . 73, 205 62 . 205 63 . 73 68 . 205 ss. 68- -72 59,72 s. 74 . 68 75 69, 82 76 . 69 77 73, 74 78 . 82 79 70 87 . 60, 71, 72 88 . 72 89 . 73 ss. 90- -9G . 68 s. 97 . 67 99 . 67 100 . 07 101 . 68 103 . 205, 206 s. 104- -106 . 72 s. 107 . G9, 206 108 69, 206 109 . 69, 206 110 . 69, 20G 111 . 66, 68, 69, 73, 80, 81, 82 114 . 65 115 . 65 116 . 83 118 . 205 119 66, 69 121 66, 69 127 . 205 136 72 149 61, 65, 102, 214, 252 150 . 66 151 . 64 152 . 60 150 60, 252 157 65, 66, 68, 69, 83 158 . 60 166 . 59 f Ixmi TABLE OF STATUTES. Factory and Workshop Act, 1901, contd. scbed. VI. . . 214 Lakour Bureaux (London) Act, 1902 2 Edw. VII. c. 13 . 241 JIusiCAL (Summary Proceedings) Copy- right Act, 1902 2 Edw. VII. c. 15 . 204 JIiDwivES Act, 1902 .... 2 Edw. VII. c. 17 . 257 s. 1 . 257, 258 2 . . 257 3 . . 257 6 . . 257 8 . . 257 9 . . 257 10 . . 257 18 . . 257 19 . . 257 Shop Clubs Act, 1902 .... 2 Edw. VII. c. 21 43, 254 s. 1 . . 254 2 , 254, 255 3 . . 265 6 . . 254 6 . . 255 7 . . 254 CoAt, Mines Regulation Act (1887) Amendment Act, 1903 3 Edw. VII. c. 7 . . 89 Board of Agriculture and Fisheries Act, 1903 3 Edw. VII. c. 31 134, 137 s. 1 . . 231 Motor Car Act, 1903 .... 3 Edw. VII. c. 36 146, 149, 176 s. 1 . 174, 175 2 . 172, 173 3 . . 173 4 . 173 6 . 175 8 . 174 9 . 174 10 . 174 12 . 172 15 . 175 16 . 175 17 . 175 20 . 171, 172, 174 21 . . 171 Housing of the Working Classes Act, 1903 3 Edw. VII. c. 39 . vi TABLE OF STATUTES. Ixxxiii Employment of Children Act, 1903 3 Ed Iw. VII. c. 45. s. 1 . . 247 2 . •247, 248 3 . 246, 247 4 . . 246 9 . . 246 10 . . 246 11 . . 250 13 . •246, 247, 248 y-2 TABLE OF OEDEKS, KEGULA- TIONS, &c. CHAPTER I. Employers and Workmens Act, 1875. PAGE Order 1886, Jul. 16. Procedure . . .... 16 CHAPTER II. Trade Unions. Eeg. 1876, Nov. 1. No. 16. Change of name .... 21 ,, 24. 21 22. Amalgamation 21 24. 21 21. Dissolution 22 24. 22 1 10. Registration 31 2. Name 31 12—14. Cancellation. 32 15. Office. 32 6 ct seq. Rules 32 24. „ . . . 32 17—20. Transfer of stock 33 24. 33 23. Nomination (death) . 34 R. S. C. Order xvi. R 9. Procedure 36 CHAPTER III. Truck. Order 1897, Mar. 3. Exemptions . 42 IxXXvi TAULE OF ORDERS, REGULATIONS, &C. CHAPTER IV. Sunday. King's Reg. (Army) Para. 1304. Public Worship Rule 64 Courts-martial PAGE 51 58 CHAPTER V. Factories and Woekshops. Order 1897, Mar. '27 (No 226). Different branches or departments 64 1897, Mar. 27 (No 227). ,. M 64 1899, Jan. 19. »> 64 1903, Sep. 6. ,, 64 1903, Feb. 4. Sanitary conveniences . 66 1903, Nov. 2. Limewashing and painting 66,67 1902, Feb. 4. Ventilation . 68 1893, Apr. 27. Temperature 68 1898, Feb. 2. . 68 1898, Dec. 24. ,, . 68 1902, Jan. 17. Overcrowding 69 1903, Dec. 30. ,, . 69 1901, Dec. 11. Homework . . 69 1902, Jul. 14. ,, 69 1892, May 9. Dangerous or injurious trad 3s . 70 1892, Jun. 2. ,, ,, . 70 1892, Dec. 24. ,, ,, . 70 1894, Jan. 2. „ ,, . 70 1894, Jan. 3. .» .. 70 1894, May 5. „ ,. . 70 1894, Jun. 19. ,, ,, 70 1895, Apr. 9. )> n . 70 1896, Jan. 1. I! >> . 70 1896, Jul. 23. ,, ,, . 70 1896, Sep 11. ,, ,, . 70 1896, Dec. 1. ,, „ . 70 1898, Apr. 2. >> M . 70 1898, May 7. II . 70 1898, Aug. 3. „ „ . 70 1898, Dec. 17. ,, . 70 1899, Nov. 28. -. 70 1902, Aug. 12. ., 70 1903, Jun. 19. jj . 70 1903, Nov. 21. •I . 70 1897, Mar. 25. Tenement factory (grln( iing) 72 1903, Oct. 23. Creameries 73, 74 TABLE OF ORDERS, REGULATIONS, &C. IXXXvil 1882, Dec. 20. CHAPTER V.—conthmed. Textile factory - young persons • Women and 1902, 1882, May Dec. PAOB 75 75 1884, 1884, 1887, 1902, 1903, 1893, 1903, 1902, 1903, 1882, 1902, 1902, 1903, 1882, 1882, 1887, 1896, 1899, 1899, 1903, 1898, 1897, 1898, 1898, 1900, 1902, 1902, 1903, Jan. Apr. Apr. Jun. Oct. Aug. Dec. May Mar. Dec. Feb. Jun. Oct. Dec. Dec. Feb. ]\Iay Jul. Sep. Mar. Mar. Nov. Aug. Sep. Jul. Jul. Jul Dec. 12. 15. 27. 17. 23. 18. 29. 4. 11 20. 3. 17. 23. 20. 20. 24. 1. 20. 6. . 11. .23. .30. 6. 2. 12. 14 (No. 560). 14 (No. 561). 17. Non-textile lactory — Workshop —Women and young per- sons . . . .75. 76, 77 75 75 ,, -1 »» 75 75 75 76 76 . 78 78 . 80 . 80 . 81 . 81 81 . 82 82 . 82 82 82 . 82 . 83 83 83 . 83 83 . 83 83 Nigbt work . Saturday substitute Holidays >» Meals Piecework Order 1902. Dec. 20. 1903, Apr. 24. 1903, Sep. 5. Order 1894, Mar. 9. 1890, Oct. . CHAPTER VI. Part I.— Coal Minks. Explosives . CHAPTER VII. Pakt I.— Seamen. Life-saving appliances Medical stores 90 90 90 106 110 IxXXViii TABLE OF ORDERS, REGULATIONS, &C. CHAPTER \1L— continued. Part II. — Pilots. Order 1900, Juu. 29. Signals . . . . PAGE 122 CHAPTER VIII. Part I.— Sea Fishing. Order 1902, Mar. 2i. Fishing boat register 127 1889, Apr. 6. ]Maintenance of order 130 1894, Dec. 12. Sea-fishing boys 130 1899, Nov. 2. Sailing and paddle steamer trawlers . 131 CHAPTER IX. Part II.— Stage Carriages (Metropolis). Order 1897, Aug. 18. 12 (e). Carriage appointments 29. Property left in vehicle 30. ,. ., „ . 31. „ „ „ . By-laws 1875, Aug. 5. Tramway Part III. — Hackney Carriages CSIetropolis) Order 1897, Aug. 18. 19. Number of passengers (notice) 29—31. Property left in vehicle 20. 25. 27. Time : Distance . 22 et scq. Fares . 21. Hiring by distance 26. Charges for waiting 21 et scq. ,, 7. Table of fares 28. . 153 . 154 . 154 . 154 i5i, 155 156 156 158 158 158 158 158 169 159 159 159 Part IV. — Stage asd Hackxey Carriages (jMetropolis) Order 1897, Aug, 18. 12 (e). Notices and advertisements 3 — 5. Licence, vehicle 1. ,. „ . . 10. ,, ,, (partnership) 16. .. .. (suspension) 14. ,, ., (defacement) 16. ,, personal 17. ,, ., (duration) 18. 12(f) — (h).., ,, (steam power) C. Number plate .... 161 162 162 162 162 162 162 162 163 163 164 TABLE OF OEDERS, REGULATIONS, ScC. Ixxxix CHAPTER IX.— continued. Part VI. — ^Motor Cars. PAGE Order 1903, Nov. 19. Art. 1— G. Registration 172 7—10, 12. :\rarks 172 11. Lamps 172 14 — 19. Licences 173 17. D uplicate licence . 172 1903, Dec. 1. 3Ieuai Bridge .... 175 1904, Mar. 9. 1. Definition (motor car) . 171 1. Weight of vehicle . 172 2,3. Construction 172 2(7) . Lamps .... 173 4. Driving . . . .17 3,174 5. P revention of noise 174 CHAPTER X. Part I. — Army. King's Reg. (Army) 1742. Enlistment. 177 1743— 17G0. ,, .... 178 1769 et seq. Service .... 178 1747—1755. ,. .... 178 1756—1760. ., .... 178 1761 et seq. Transfer to corps 178 1769 et seq. ,, reserve 179 273 et seq. Aid to civil power 179 Army Order 88, 1897. Savings Banks . 179 King's Reg. (Army) 407 et seq. Offences .... 180 480 et seq. Courts-martial . 180 Order 1893, Nov. 23. „ ... 180 1902, Apr. ,, ... 180 1882, Feb. 6. On board H.M. ships . 180 King's Reg. (Army) 1933 et seq. Furlough .... 180 1789 et seq. Certificate on discharge 181 Order 1893, Aug. 30. Effects on death . 181 1893, Aug. 22. ,, ,, . . . 181 King's Reg. (Army) 1742. Reserves .... 182 273 et seq. ,, .... 182 (Navy) 1174 et seq. Royal ^Marines . 183 Order 1882, Feb. G. 1) )) • • • 183 Part II.— Navy. King's Reg. (Navy) 343 et seq. Enlistment 184 370 et seq. Service .... 185 1642 et seq. Wages .... 185 1639 et seq. Payment on account . 185 xc TABLE OF ORDERS, REGULATIONS, &C. CHAPTER X., Part ll.—contmued. PAOB Order 186C, Nov. 10. Savings Banks . . .185 1881, Mar. 12. >i ■. 185 1882, Mar. 10. ft »» • • 185 1890, Jun. 30. >i 185 King's Reg. (Na\7) 213i ct seq. Pay, pensions, &c. 185 1341 ct scq. ,, ,, 185 Order 1865, Dec. 5. ,, ,, 185 1868, Mar. 28. »• »» 185 King's Reg. (Na\-j-) 1490 ct seq. .• •■ 185 1365 ct scq. .1 185 1656 ct scq. Allotment of wages 186 1686 ct scq. Remitting of vfages 186 Order 1900, Sep. 17. Alienation of salvage, &c. 186 1893, Mar. 15. Poor Law Guardians 186 King's Reg. (Navy) 674 ct scq. Offences 186 766 et seq. M 186 720 ct seq. Punishments 186 626 et seq. Courts-martial . 186 667. Sunday 187 663 ct srq. Divine service . 187 Order 1865, Dec. 28. Wills . Property on death 188 188 King's Reg. (Navy) 2188 et seq. Widows 188 2225 et seq. 11 188 2218 et scq. Children 188 Part III. — Coast Guard. King's Reg. (Navy) 386 et seq. . Admission . 188 Part IV. — Police. Order 1886, Apr. 12. Qualifications— Pay . 1840, Jan. 3. Metropolitan Police District 1886, Apr. 12. Police duties as sanctioned . 1890, Nov. 28. Metropolitan pensions 1900, Slar. 5. Payment of pensions, i '1 . 212 1875, Nov. 27 (Nos. 1, 2) „ ,, floating and other magazines . 212 CHAPTER XIII. (v.) Railw AY Servants. Order 1902, Aug. 8. Danger . . 244 (x.) Dairies, Cowsheds and Milkshops. Order 1885, Jun. 15. Disease 1886, Nov. 1. 1899, Feb. 7 1903, Oct. 23. Creameries 256 256 256 257 (xi.) MiDwivES. London Gazette, 1903, Aug. 18 . Rules and regulations 257 XCii TABLE OF ORDERS, REGULATIONS, &C. CHAPTER Xlll.— continued (xiv.) Locomotives om Highways. Order 1897, Nov. 26. Construction .... 1898, Nov. 4. ., .... PAGE 262 262 (xxviii.) Thames Watermen and Lightermen. By-laws 1860, 26—28. Freemen 269 29—32. 270 16 et seq. Apprentices . 270 22. . 270 38. . 270 37. Licence 270, 271 39. . 270 83. Passenger boats . 271 1894. . 271 1860, 62 et seq. . 271 1867. . 271 1860, 70 ei seg. . 271 85. . 271 81. . 272 33. . 272 92. . 272 82. . 272 104. Bumboats 273 107. Sunday . 273 1893, 44 et seq. Barges . . 274 50. „ . . . 274 103. Boats . 274 106. . 274 LIST OF GENERAL ABBREVIATIONS A. C. Law Reports, Apiu'nl Cases. Ark. Avkley's Justiciary Cases. Asp. Aspinall's Maritime Law Cases, Atk. Atkyns' Reports. B. 0. R. Saunders and Cole's Bail Court Reports. B. & A. Barnewall and Alderson's Reports. B. & Ad. Barnewall and Adolphus' Reports. B. &; C. Barnewall and Cresswell's Reports. B. & P. Bosauquet & Puller's Reports. B. & S. Best and Smitli's Reports. Bing. Bingham's Reports. Bl. H. H. Blackstone's Reports. Bla. Com. Blackstone's Commentaries on the Laws England. Burr. Burrow's Reports. C. A. Court of Appeal. C. B. Common Bench Reports, Old Series. C. B. (N. S.) Common Bench Reports, New Series, C. C. R. Crown Cases Reserved. C. D. Law Reports, Chancery Division. C. L. R. Common Law Reports. C. M. & R. Crompton, Meeson and Roscoe's Reports. C. P. D. Law Reports, Common Pleas Division. C. & K. Carrington and Kirwan's Reports. C. & P. Carrington and Payne's Reports. Cab. & E. Cababe and Ellis' Reports. Camp. Campbell's Reports. Ch. Law Reports, Chancery. Ch. Ap. Chancery Appeal. Chit. Chitty's Rejtorts. CI. & F. Clark and Finnelly's House of Lords Cases. Com. Cas. Commercial Cases. Coup. Couper's .Justiciary Cases. Cowp. Cowper's Reports. Cox, C. C. Cox's Criminal Cases. Ct. Just. Court of Justiciary. Ct. Sess. Court of Session. Cty. Ct. County Court. D. Court of Session Cases, 2nd Series. D. k L. Dowliiig and Lowndes' Reports. D. & Ry. Dowling and Ryland's Reports. Do G. J. & S. De Gex, Jones and Smith'.s Reports. XCIV LIST OF GENERAL ABBREVIATIONS. De G. M. k G. De Gex, JIncnagliten and Gordon's Reports. Den. C. C. Denison's Criminal Cases. Div. Ct. Divisional Court. E. & B. Ellis and Hlacklnirn's Reports. E. k E. Ellis and Ellis' Reports. East East's Reports. Ex. Excheiiuer Reports. Ex. Ch. Exchequer Chamber. Ex. D. Law Reports, Exchequer Division. F. Court of Session Cases, 5th Series. F. (J. C.) Court of Justiciary Cases, 5th Series. F. k F. Foster and Finlason's Reports. Oale Gale's Reports. H. L. House of Lords. H. L. C. House of Lords Cases, H. & C. Hnrlstone and Coltnian's Reports. H. & H. Horn and Hurlstone's Reports. H. & N. Hurlstone and Norman's Reports. Hag. Ad. Haggard's Admiralty Reports. Hare Hare's Reports. I. R. Law Reports, Ireland. Ir. R. C. L. Irish Reports, Common Law. J. P. Justice of the Peace. Jur. Jurist, New Series. Jur. (0. S.) Jurist, Old Series. K. B. Law Reports, King's Bench. L. G. R. Local Government Rejiorts. L. J. Ad. Law Journal, Admiralty. L. J. C. P. Law Journal, Common Pleas. L. J. Ch. Law Journal, Chaticeiy. L. J. Ex. Law Journal, Exchequer. L. J. K. B. Law Journal, King's Bench. L. J. M. C. Law Journal, Magistrate's Cases. L. J. N. C. Law Journal, Notes of Cases. L. J. (0. S.) Law Journal, Old Series. L. J. P. Law Journal, Probate. L. J. P. C. Law Journal, Privy Council. L. J. Q. B. Law Journal, Queen's Bench. L. R. A. & E. Law Reports, Admiralty and Ecclesiastical. L. R. C. C. R. Law Reports, Crown Cases Reserved. L. R. C. P. Law Reiwrts, Common Pleas. L. R. Ch. Law Reports, Chancery. L. R. Ex. Law Report-s, Exchequer Cases. L. R. Jr. Law Rej)orts, Ireland. L. R. N. S. W. Law Reports, New South Wales. L. R. Q. B. Law Reports, Queen's Bench. L. T. Law Times Reports, New Series. L. T. Jour. Law Times Journal. Ld. Ken. Lord Kenyon's Rejiorts. Lush. Lushington's Admiralty Reports. JI. Court of Session Cases, 3rd Series. M. & G, Manning and Granger's Reports. M. & S. Maule and Selwyn's Reports. M. k W. Meeson and Welsby's Reports. Man. k R. Manning and Ryland's Reports. Manson Manson's Bankruptcy Cases. Moo. k M. Moody and Malkin's Reports. LIBT OF GENERAL ABBREVIATIONS. XCV Moore, C. P. Morr. B. C. N. S. W. W. N. New Sess. Cas. P. P. C. P. W. Pres. Price Q. B. Q. B. D. Qr. Sess. E. R. (J. C.) R. R. Rob. C. Rob. W. Ry. & Can. TraflF. Cas. S. C. S. P. Ship. Sm. L. C. Smitli Spinks, E. & A. Stip. Mag. Sw. Ad. T. L. R. T. R. T. & M. Taunt. Tyr, Ves. W. C. C. W. N. W. R. Y. &J. Moore's Reports, Common Pleas. Morrell's Bankruptcy Cases. New South Wales Weekly Notes. New Sessions Cases. Law Reports, Probate. Privy Council. Peere Williams's Reports. President. Price's Reports. Queen's Bench Reports. Law Reports, Queen's Bench Division. Quarter Sessions. Court of Session Cases, 4th Series. Court of Justiciary Cases, 4th Series. Revised Reports. C. Robinson's Admiralty Reports. W. Robinson's Admiralty Reports. Railway and Canal Traffic Cases. Same Case. Same Point. Shipping Magazine. Smitli's Leading Cases. Smith's Reports, Spink's Ecclesiastical and Admiralty Reports Stipendiary Magistrate. Swabey's Admiralty Reports. Times Law Reports. Term Reports. Temple and Mew's Crown Cases. Taunton's Reports. Tyrwhitt's Reports. Vesey's (.Tunr.) Reports. Workmen's Compensation Cases. Law Reports, Weekly Notes. Weekly Reporter. Younge and Jervis' Reports. ADDENDA. TABLE OF CASES. Board of Trade v. SS. Glcnpark, also reported 90L. T. 360 Brass V. Lo^idon County Council (1904) 20 T. L. R. 464 Page 65, note («). Corbett v. Pearce (1904) 20 T. L. R. 448 Pages 12, 103, 104. Cullen V. Elwin and Others, affirmed (1904) 20 T. L. R. 490 (C. A.) ... ' Page 24, note (2). Hickman V. Birch (1899) 2iQ.B.D. 112 Page 167. O'Donoghue v. Moo^i (1904) 20 T. L. R. 495 ... Page 173. E. V. Wells and Another (1904) The Times, May 18 Page 174, note {m). WilliajHs and Others v. North's Navigation Col- lieries (1889) Ltd. (1904) 2 K. B. 44 Page 40. TABLE OF STATUTES. Salmon Fisheries Act, 1876, should read, as it appears in the text, Salmon Fishery Act, 1870, the error having been copied from the octavo edition of the Public General Statutes. TEXT. Pages 12, 103 ... A man who assists in navigating on the Thames a sailing barge which is capable of going to sea is a seaman. Corbett v. Pearce (1904) 20 T. L. R. 448(Div. Ct.). Page 24, note (z) Ctillen v. Elivin and Others, affirmed (1904) 20 T. L. R. 490 (0. A.). Page 40 A deduction of an instalment of a judgment debt is not illegal. Williams v. Nmili's Navigation Collieries (1904) 2 K. B. 44 (C. A.). Page 05, note [n) Add " approved Brass v. London County Council (1904) 20 T. L. R. 464 (Div. Gt.)." w.L. g XCVm ADDENDA. Page 104 ... ... A sailing barge of 38 tons tonnage used on the Thames but capable of going to sea is a ship. Corbetty. Pcarce (1904) 20 T. L. E. 448 (Div. Ct.). Page 167 ... ... An excise duty is payable on every vehicle. Customs and Inland Eevenue Act, 1888 (51 & 52 Vict, c. 8), s. 4 ; Hickman v. Birch (1889) 24 Q. B. D. 172 (Div. Ct.). Page 172 ... ... The maximum weights for motor cars will probably be increased in accordance with the report of a Departmental Committee. See (1904) The Times, May 7. Page 173 An excise duty is payable on every vehicle, including motor bicycles. Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8), s. 4 ; O'Dmoghue v. Mooii (1904) 20 T. L. R. 495 (Div. Ct.). Page 174, note (?«) A conviction for having driven at a speed and in a manner dangerous to the public is bad for duplicity. R. v. Wells and Another (1904) The Times, May 18. WORK AND LABOUE. CHAPTER I. THE EMPLOYERS AND WORKMEN ACT, 1875(a). (38 & 39 Vict. c. 90.) This Act is described as " An Act to enlarge the '^powers of County Courts in respect of disputes between employers and workmen and to give other Courts a limited civil jurisdiction in respect of such disputes." The importance of it to-day is the definition of " workman," which has been used in the Truck Acts, in the Employers' Liability Act, and in the Payment of Wages in Public- houses Prohibition Act, 1883. Meaning of " WorJanan." The expression ** workman," as defined by this Act, does not include a domestic or menial servant (6), but save as aforesaid, means any person who, being a labourer (c), servant in husbandry (d), journeyman (e), artificer (/), handicraftsman (g), miner (h), or otherwise engaged in manual labour (i), whether under the age of twenty-one years or above that age, has entered into or works under (k) a contract with an employer, whether the (a) In this Part referred to as E. & W. A. 75. On this subject consult Stone's Justices' Manual, " Labour Laws," and, as to the meaning of the expression " workman," "Accidents to "Workmen." (6) See 2'ost, p. 2. (g) See post, p. 6. (c) See post, p. 3. (h) See post, p. 7. {(l) Sea post, p. 4. {i) See post, p. 7. (e) See jtosi, p. 5. {k) See jmst, p. 11. (/) See i^ost, p. 5. W.L. 1 2 WORK AND LABOUR. contrflct be made before or after tbe passing of this Act, be express or implied, oral or in writing, and be a contract of service or a contract personall}' to execute (/) any work or labour (m). Domestic or Menial Servant. — The term domestic servant has now a common signification. With regard to a menial servant the cases show that though residence may be an element in the question it is not the onl}'- test. Every case must stand on its own merits. A menial servant is one whose main duty it is to do actual bodily work as a servant for the personal comfort, convenience or luxury of the master, his famil}' and his guests, and who, for this purpose, becomes part of the master's residential or quasi-residential establishment (n). A page-boy in an hotel who sleeps on the premises and who is principally employed as a messenger but parti}' also in assisting to dust the reception rooms is not a " person wholly employed as a domestic servant " within sect. 10 of the Shop Hours Act, 1892 (o). The plaintiff was a potman at a public-house, and slept at, and went three times a day for his meals to his own home, and it was held that he was a menial servant (p). A head gardener receiving lOOZ. a year and a house to live in, who had two apprentices and five assistant gardeners under him, was held to be a menial servant liable to dismissal at one month's notice (q). A gardener feeding himself and dwelling in one of his employer's {I) See post, p. 11. (m) E. & ^y. A. 75, s. 10, (n) Pearce v. Xansrfojwic (1893), 62 L. J. Q. B. 441 (Div. Ct.). The observations in this case as to the functions of a judge and jury respec- tively must be taken as applying only to cases where there is evidence both ways. If there is any evidence, the case must be left to the jury with a proper direction. (o) 55 & 56 Vict. c. 62 ; Savoy Hotel Co. v, London County Council (1900), 1 Q. B. 665 (Div. Ct.). {_p) Pearce v. Lansdownc, sup. [q) Nowlan v. Ablett (18-35), 2 C. M. & R. 54 (Banc). THE EMPLOYERS AND WORKMEN ACT, 1875. 3 cottages was held not to form part of the employer's domestic establishment so as to entitle him to a legacy under the emplo3'er's last will and testament (r). A huntsman engaged at 1001. a year and the usual clothing and perquisites has been held to be a menial servant (s) . The position in which a governess is placed, the station which she occupies in the family and the manner in which such a person is usually treated in society place her in a different situation from menial or domestic servants {t) . In Ireland it has been decided that a housekeeper of a large hotel is not a menial servant (u). Labourer. — A labourer is a man who digs and does other work of that kind with his hands (v). A farmer is not and it has been doubted whether an agricultural labourer is a "tradesman, artificer, work- man, labourer or other person whatsoever " within the Sunday Observance Act, 1677 (x). Neither a carpenter nor a bailiff nor the clerk of a parish can be described as a labourer (y) ; nor can a man in possession under &fi.fa. (z). A bailiff in charge of a glebe at a salary of 0,51. per annum and a third of the clear annual profits was held (r) Ogle v. Morgan (1852), 1 De G. M. & G. 359 (Lord Truro, L.C.). And see Johnson v. Blenhenaopp (1841), 5 Jur. (0. S.) 870 (Banc). (s) Nicoll V. Greaves (1864), 17 C. B. (N. S.) 27 (Banc). \t) Todd V. Kellage (1852), 22 L. J. Ex. 1 (Banc), reported as Todd v. Kerrich, 8 Ex. 151. (m) Lawler v. Linden (1876), 10 Ir. R. C. L. 188 (Banc), cited in Collisoii V. Warren (1901), 1 Ch. 812 (0. A.). (y) Per Brett, M.R., Morgan v. L. G. 0. Co. (1884), 53 L. J. Q. B. 353 (C. A.) ; Lowther v. Lord Radnor (1806), 8 East, 113 (Lord Ellen- borough, C.J.). ix) 29 Car. IL c. 7, s. 1 ; R. v. Silvester (or C'leioorth) (1864), 33 L. J. M. 0. 79 (Banc). See also Palmer v. Snow (1900), 1 Q. B. 725 (Div. Ct.). (y) Per Brett, M.R., Morgan v. L. 0. 0. Co. (1884), 13 Q. B. D. 832 (C. A.). {z) Branwell v. Pcnneck (1827), 7 B. & C. 536 (Banc). 1—2 4 WORK AND LABOUR. to be a labourer witliin the meaning of the Stamp Act, 1815(a). Lord Campbell said that there was no reason to confine the meaning of the word " labourer " to a mere hedger and ditcher {h). Within the meaning of the same statute, stokers and firemen were, in 1849, held to be labourers or artificers (c). The work of a barber's assistant has been held to come within the words "handing, laboiiring, and working" in a Sunday Act relating to Scotland (d). Servant in Husbandry. — The difficulty of ascertain- ing who is a servant in husbandry arises in the case of persons who are employed partly on a farm and partly in the farmhouse. The test which distinguishes a domestic or menial servant from a servant in hus- bandry appears, however, to be — What is the nature of the principal employment ? Thus a dairj'maid who assisted in the harvesting was held to be a servant in husbandry, although she helped to perform some of the household duties (e). A person who has general duties of superintending matters about the farm, setting the men to work, keeping the farm accounts, weighing out the food for cattle and " lending a hand " all round, is rather in the position of a steward or bailiff than in that of a servant in husbandry (/) . A man employed to dig the ground is a servant in husbandry (g). (a) 55 Geo. III. c. 184. (b) R. V. Wortley (1851), 21 L. J. M. C. 44, 46 (C. C. R.). (c) Wilsm V. Zulueta (1849), 19 L. J. Q. B. 49 (Banc). See, however, Grace v. Caicthorn, and Oakea v. Monkland Iron Co., cited post, p. 12. (d) Phillips V. Innet (1837), 4 CI. & F. 234 (H. L.). \e) Ex p. Hurjhes (1854), 23 L. J. M. C. 138 (Banc) ; Clark v. M' Naught (1846), Aik. 33 (Ct. Just.). (/) Dalies r. Lord Bei-wick (1861), 30 L. J. M. C. 84 (Banc) ; and see Morgan v. L. 0. 0. Co. (1884), 13 Q. B. D. 832 (C. A.). (g) Per Brett, M.R., Morgan, t. L. G. 0. Co., sup. THE EMPLOYEES AND WORKMEN ACT, 1875. 5 Journeymail. — Et^'mologicall}' considered, a journey- man is one who is employed by the day but that is not the sense in which the word is ordinarily used, for in most trades where journeymen are employed — butchers, bakers and tailors, for instance — they are hired and paid by the week. In common i^arlance no one would call an omnibus conductor a journeyman (/i). A journeyman is a man who works with or for a master, as a carpenter (?) . Artificer. — In popular interpretation there is practi- cally no difterence between the terms artificer and handi- craftsman but from a comparison of the different ways in which the words have been used by the best English writers it seems that a handicraftsman, though not an unskilled workman, did not possess the degree of skill necessary to constitute an artificer. The latter included artists, manufacturers, inventors, silversmiths, &c. and ars was a necessary qualification. Handicraft was a term applied to any manual occupation as well as to skilled work. An artificer is a person who, unlike a barber, makes something (k). A stuft' presser or stuff" finisher of Italian goods who worked with his own hands was held to be an artificer, though he also superintended about twenty men (l). So also was a framework knitter who manufactured stockings (in). An overseer in a printing office is an artificer for the pm'poses of the Stamp Acts («). (/t) Per Day, J., iforgan v. L. G. 0. Co. (1883), 12 Q. 15, D. 201, 208 (Div. Ct.). (i) Per Brett, M. K., in Morgan v. L. G. 0. Co. (1884), 53 L. J. Q. B. 352 (C. A.). {k) Palmer v. Snow (1900), 1 Q. B, 725 (Div, Ct.), [1) Whiteleij v. Armitaye (1864), 13 W. R. 144 (Banc). See Weaver v. Floyd (1852), 21 L, J. Q. B. 151 (Banc) ; Bowers v. Lovekin (185G), 26 L. J. Q. B. 371 (Banc) ; Leech v. Gartsidt d: Co. (1885), 78 L. T. Jour. 427 (Div. Ct.). (m) Moorhmse v. Lee (1864), 4 F. & F, 355 (N. P.). (h) Bishop V. Letts (1858), 1 F. & F. 401 (N, P.), 6 WORK AND LABOUR. Handicraftsman. — A handicraftsman is a skilled workman (o), e.g., a hairdresser (p). The Master and Servant Act, 1823 (q), passed to enlarge the powers of justices in determining disputes between masters and servants, by sect. 3 embraced any servant in husbandry or any artificer, calico-printer, handicrafts- man, miner, collier, keelman, pitman, glassman, potter, labourer, or other person. The following have been held to be within the meaning of those words : — An inventor and designer of plans and patterns for printing on calico (r) ; a piecework collier (s) ; an angle-iron smith and plater who was a skilled handi- craftsman and employed men to work under him (t) ; a journeyman tailor employed to do certain piecework (m) ; but not a silk- weaver who contracted to do certain work at his own house (v) ; or a man who contracted to do a certain piece of work on a road and who employed twenty labourers (x). For the purposes of the "Workshop Regulation Act, 1867 0/), the expression "handicraft" meant "any manual labour exercised by way of trade or for purposes of gain in or incidental to the making any article or part of an article or in or incidental to the altering, repairing, ornamenting, finishing or otherwise adaj^ting for sale any article." The making of straw-plait by an apprentice was held to be a handicraft witliin that section (z). (o) Morgan v. L. G. 0. Co. (1884), 53 L. J. q. B. 352 (0. A.). See ttTUe, p. 5, ' ' Artificer. " ip) R. V. Louth JJ. (1900), 2 I. K. 714 (Q. B. D.). (?) 4 Geo. n^ c. 34. {r) Exp. Ormerod (1844), 13 L. J. M. C. 73 (Banc). [s, Exp. Bailey, Exp. Collier (1854), 23 L. J. M. C. 161 (Williams, J.). {t) Lawrence v. Todd (1863), 32 L. J. JI. C. 238 (Banc). (u) Ex p. Gordon (1855), 25 L. J. M. C. 12 (Wiglitman, J.). (/•) Hardy v. Ryle (1829), 7 L. J. (0. S.) M. C. 118 (Banc). (x) Laticaster v. Greaves (1829), 7 L, J. (0. S.) JI. C. 116 (Banc). (y) 30 & 31 Vict. c. 146, s. 4. (2) Beado7i v. ParroU (1871), L. R. 6 Q. B. 718 (Banc). THE EMPLOYEES AND WORKMEN ACT, 1875. 7 Miner. — A mine is a subterraneous excavation for the purpose of obtaining mineral substances. A quarry- is a working from the surface without going underground, as in the case of an ordinary brickfield or gravel pit (a). The distinction is immaterial, as undoubtedly a man who worked in a quarry would be engaged in manual labour ejusdem generis as a miner. Otherwise engaged in Manual Labour. — Not every person engaged in manual labour is a workman within the meaning of the statute, but onl}' those engaged in manual labour ejusdem generis with that of a laboiu'er, servant in husbandr}', journeyman, artificer, handicraftsman or miner (h). Moreover, the words "engaged in manual labour" govern all the preceding classes of workmen ; so that a hairdresser, though he may be a handicraftsman, is not a workman within the meaning of the Act (c) . It is not sufficient that a man does some manual labour; labour performed by hand must be his real and substantial business (d). " The statute does not use the expression manual work, but manual labour, for many occupations involve the former but not the latter, such as telegraph clerks and all persons engaged in Avriting. I cannot see the distinction between driving and other occupations which involve no manual labour, though they do involve manual work" {e). [a) See Bell v. Wilson (1866), L. R. 1 Ch. 303 (Ch. Ap.) ; Metalliferous Mines Regulation Act, 1872 (35 & 36 Vict, c. 77), ss. 3 and 41 ; Coal Mines Regulation Act, 18S7 (50 & 51 Vict. c. 58), ss. 3 and 75 ; and Quarries Act, 1894 (.57 & 58 Vict. c. 42), s. 1. Post, pp. 86 et seq. (b) Morgan v. L. G. 0. Co. (1883), 12 Q. B. D. 201 ; (1884) 13 Q. B. D. 832 (C. A.); Cook v. N. Met. Tramways Co. (1887), 18 Q. B. D. 683 (Div. Ct). (o) R. V. Louth J J. (1900), 2 I. R. 714 (Q. B. D.). And see per Brett, M.R., in Monjan v. L. G. 0. Co. (1884), 13 Q. B. D. 832 (C. A.). (d) Cook V. N. Met. Tramivays Co., sup. ; Bound v. Laiurencc (1892), 1 Q. B. 226 (C. A.) ; Leech v, Gartside A- Co. (1885), 78 L. T. Jour. 427 (Div. Ct.). {e) Per A. L. Smith, J., Cook v. X. Mel. Tramivays Co., sup. 8 WORK AND LABOUR. There can be no manual labour without user of the hands ; but it does not at all follow that every user of the hands is manual labour, so as to make the person who does it a manual labourer (/). A grocer's assistant who served generally in the shop, can'ied parcels up to 84 lb. in weight to the cart outside and sides of bacon in and out of the shop and once a week brought up from the cellar bags of sugar and other gi'oceries and occasionally wheeled goods in a truck from the warehouse to the shop was held not to be a workman (g). An omnibus conductor engaged at daily wages is not within the meaning of the statute, though he may help to change the horses. His real and substantial business is to invite persons to enter and take and keep the fares ; he earns his wages through the confidence reposed in his honesty (h). In this case the Court of Appeal differed from a decision of the Appeal Court in Scotland, where it was held that the conductor of a tramcar was a workman within the meaning of the Act (i). A driver of a tramcar is not a workman (A;). The guard of a goods train (and, it appears, a fortiori the guard of a passenger train) is not a workman within the meaning of the Act {I) . A man employed as a practical working mechanic to assist a firm in developing ideas which the firm might wish to carry out and to himself originate ideas and inventions which when approved of by the firm were to be completed and carried out by him has been held not to be a workman (m). (/) Per Lord Esher, M.R., Bmncl v. Lawrence (1892), 1 Q. B. 226, 228 (C. A.). (g) Bound v. Lawrence, sup, {h) Morgan v. L. Q. 0. Co. (1884), 13 Q. B. D. 832 (C. A.). ((') Wilson V. Glasgow Tramways, iScc. Co. (1878), 5 R. 981 (Ct. Sess.), \k) Cook V. N. Met. Tramways Co. (1887), 18 Q. B. D. 683 (Div. Ct.). {I) Huntv. a. N. Ry. (1891), 1 Q. B. 601 (Div. Ct.). (m) Jackson v. Hill (1884), 13 Q. B. D. 618 (Div. Ct). THE EMPLOYERS AND WORKMEN ACT, 1875. 9 A superintendent who merely gives assistance to the men under him does not thereby become a person engaged in manual labour (n). A person who has charge of a horse and trolley, part of his dutj' being to load and unload the trolley, is engaged in manual labour. His duty may be compared to that of a lighterman who conducts a barge or lighter up and down the river. The driving of the horse and trolley, and the navigating of the lighter, form the easiest part of the work ; his real labour, that which tests his muscles and his sinews, is the loading and unloading the trolley or the lighter (o) . A man whose duty it is to guide the beam of a crane by means of a gu}' rope, and also to give directions as to lowering and hoisting, is engaged in manual labour (p). It has been held that a sempstress is a workman within the meaning of the Act(q). It is necessary that some material part of the work be performed personally (r). In New South Wales it was held that the contract between the employer and employed must be one for the personal doing of the work by the plaintiif either for some period of time or for some particular work. So where a man owned some drays and horses, and either went him- self or sent some one else whenever it suited him (but (n) Osborne v. Jackson (1883), 11 Q. B. D. 619 (Div. Ct.). (o) Yarmouth v. France (1887), 19 Q. B. D. 6-17, 651 (C. A.). {p) Shaffers v. General Steam Navigation Co. (1883), 10 Q, B. D. 356 (Div. Ct.). This decision was under consideration in Osborne v. Jackson {sup.), where Denman, J., said that it was decided on the ^^roiiud tliat the negligent i)erson had two duties, and was not negligent in his duty of suiierintendence. See Falconer v. McCabe (1900), 3 F, 210 (Ct. Sess.). {q) Maynard v. Peter llobinson, Ltd. (1903), 89 L. T. 136 (Div. Ct.). Lord Alvenstone, C.J., however, expressed his doubt upon the point, and the Court gave leave to appeal. (r) Ingram v. i/rtmes (1857). 7 E. & B. 115 (Kx. Ch.) ; Sleemanv. Barrett (1864), 33 L. J. Ex. 153 (Banc) ; Stuart v. Evans (1883), 49 L. T, 138 (Div. Ct.). 10 WORK AND LABOUR. was not bound to do either ut any time) to remove bricks and received so much per 1,000 bricks removed it was hehl that he did not come within the Act (s). The mere fact that a man employs others to assist him in his work will not prevent him from being himself a workman. " It is said the man was not a * workman,' and that that word does not extend to anybody who, by custom or otherwise, has to employ others to work for him in doing his work. I do not say that it does apply to persons under sub-contracts, as if one employs a man to build anything and he employs another to build it. But it is hard to say that a man employed to do work manually who employs another to do work which, if skiKul and active enough, he could do himself is not a workman within the meaning of the Act " (t). A potter's printer under a contract to do certain work employed hands to assist him. He was held to be a workman (n). An independent contractor is not a workman (x). A man who, as an independent contractor, contracted to make a cutting on a projected line of railway at a certain sum per cubic yard and employed others with whom he himself worked was held not to be a "workman or labourer " within the Truck Act, 1831 (?/). Laundries. — The Legislature appears to have con- templated that there may be some persons working at laundries who are workmen within the meaning of the Employers and Workmen Act, because sect. 10 of the (s) Lobb V. Amos (1886), 7 L. R. N. S. W. 92 (C. A.). \t) Per Liudley, J., GmUujer v. Aynsley (1880), 6 Q. B. D. 182, 188 (Div. Ct.). And see Laurence v. Todd (1863), 32 L. J. M. C. 238 (Banc) ; Weaver v. Floyd (1852), 21 L. J. Q. B. 151 (Banc) ; Whiteley v. Aiiaitage (1864), 13 W. R. 144 (Banc). [u) Grainger v. Ayiisley, sup. [x) See this subject treated in " Accidents to "Workmen," pp. 192 — 194, 60, 70 et seq. (y) 1 & 2 Will. IV. c. 37 ; Pdley v. TFarden (1848), 18 L. J, Ex. 120 (Hanc). See also Sharmun v. Sanders (1853), 22 L. J. C. P. 86 (Banc). THE EMPLOYEES AND WORKMEN ACT, 1875. 11 Truck Act, 1896 imposes upon inspectors the duty of enforcing the Truck Acts in laundries and those Acts apply 02ily to workmen within the meaning of that Act(^). Works under a Contract. — The Act speaks of a man who "has entered into or Avorks under a contract." He may he working under a contract which he has not entered into. " What is meant by saying that a man is working under a contract which he has not entered into '? There is one obvious instance of such working under a contract, namel}", that of a volunteer who, without communication with the employer of labour, gives his services either to supplement or replace the workmen actually employed. Between such a volunteer and the employer questions have not infrequently arisen strictly analogous to those between the actually employed workman and the employer, which ought naturally to be referred to the same tribunal. The case of the volunteer would fully account for the throwing-in of the words 'works under.' For myself, I find it difficult to understand how any wider construction can be given to those words without including cases which no one has ever suggested should be brought within them. But there may be cases which have not occurred to me, and I therefore do not decide that volunteers only are aimed at (a)." Contract of Service, &C. — "What the exact meaning of the distinction between ' contract of service ' and * contract personally to execute any work or labour ' may be is not quite easy to see. The words may refer to a contract to serve, say, for a month, as distinguished from a contract to execute any work or hiboui", say, (■-) Truck Ameinlnient Act, 1887 (50 & 51 Vict. c. 46), s. 2 ; Truck Act, 1896 (59 & 60 Vict. c. 44), s. 12. See post, p. 38. («) Per Rigby, L.J., Mnrrow v. Flimhy, dc. Co. (1898), 2 Q. B, 688, 602 (C. A.). 12 WORK AND LABOUR. to dig a drain "(b). A contract of service is when a man is employed, say, as farm labourer for three months or one year. The words " contract personally to execute any work or labour " applj' to cases where a man is employed to do any specific work or labour (c). Seamen. — Though seamen are not included in the above definition of workman {d} so as to bring them within other statutes that have adopted this definition, the Act applies to seamen and apprentices to the sea service ((')• It does not define seamen but, for the purpose of the Merchant Shipping Act, 1894, the word " seaman " includes every person (except masters, pilots, and apprentices duly indentured and registered) employed or engaged in any capacity on board an}' ship : and the word "ship" includes every description of vessel used in navigation not propelled by oars (/). This definition has been used in deciding whether a person was a seaman or a workman within the meaning of this A.ct. In one case it was held that a fireman on board a ship was a seaman (ost, p. 102, (/) 57 & 58 Vict. c. 60, s. 742 ; fost, pp. 103, 104. {g) Grace v. Cawthorn (1883), The Times, April 27 (Div. Ct.). ConMilt Wilson V. Zulueta (1849), 19 L. J. Q. B. 49 (Banc), cited ante, p. 4. {h) Oakes v. Monkland Irmi Co. (1884), 11 R. 679 (Ct. Sess.). THE EMPLOYERS AND WORKMEN ACT, 1875. 13 what the name imports, one whose ordinary employment is on the sea. If he goes to sea on any craft not pro- pelled by oars, he is a seaman under the Merchant Shipping Acts, but not otherwise." This is the meaning to be given to the word "sea- men" in sect. 16 of the Conspiracy and Protection of Property Act, 1875 (i). The person must be actually employed or engaged at the time and not merely a sea- faring man; though, it appears, he may be temporarily on shore on the business of the ship (k). Settlement of Disjjutes. Adjustment of Claims. — In any proceeding before a Countj^ Court in relation to a dispute between an emploj^er and a workman arising out of or incidental to their relation as such, the Court maj'' adjust and set off all claims on the j)art of either of them arising out of or incidental to the relation between them, whether such claims are liquidated or unliquidated and are for wages, damages or otherwise or may rescind any contract upon such terms as it thinks just or may, with the consent of the plaintiff, accept security for specific performance in lieu of damages (l). There is jurisdiction under the Employers and Work- men Act, though the employment has been determined (m). Absence from work without notice, of which the employer comi^lains, constitutes a dispute (n). A refusal to work except on a condition which the man has no right to im- pose upon his employer gives rise to a cause of action (o). ii) 38 & 39 Vict. c. 86, post, p. 31 ; n. v. Lynch (1898), 1 Q. B. 61 (C. C. R.). {k) 11. V. Lynch, siq). {I) E. & W. A. 7r>, s. 3. (//O R. V. Proud (1867), 36 L. J. M. C. 62 (C. C. K.)- (?i) Clemson v. Hubbard (1876), 1 Ex. D. 179 (Banc). And see Charles V. MorUjagecs of Plymouth Works (1890), 60 L. J. M. C. 20 (Div. Ct.) ; llindky V. Haslavi (1878), 3 Q. B. D. 481 (Banc). [o) Bowes, Ltd. v. Press (1894), 1 Q. B. 202 (C. A.). 14 WORK AND LABOUll. Summary Jurisdiction. — A dispute under the Act may be heard and determined b}' a Court of summary jmisdiction which is to be deemed to be a Court of civil jm'isdiction and the Court may order paj^ment of any sum due as wages or damages or otherwise and may exercise all or an}' of the powers by that Act conferred on a County Court (^), but it cannot exercise jurisdiction where the amount claimed exceeds 101. or make an order for the payment of any sum exceeding 101., exclusive of the costs incurred in the case, or require security to an amount exceeding 10/. from an}' defendant or his surety or sureties (q) . A workman had finally left his employment and three months later the emplo^'er had claimed and recovered 10?. damages in respect of the first month. As there was but one dispute arising out of the continuous breach it was not competent to the employer to sue in respect of the breach dui'ing the second month (r). The fact that an employer has not exercised his right under the contract of service to deduct fines from the wages does not debar him from proceeding under the Employers and Workmen Act (s) ; nor does the omission to counter-claim or to claim a set-off (^). The summons may be issued any time within six 3'ears from the date of the dispute (u). Apprentices. — The Employers and Workmen Act in so far as it relates to apprentices aj^plies only to an apprentice to the business of a workman, as defined b}' the Act, upon whose binding either no premium is j)aid or the premium (if any) paid does not exceed 25Z. and {p) See ante, p. 13. iq) E. & W. A. 75, 8. 4. (r) James v. Evcou oses is no longer unlawful and criminal as a conspiracy merely because the objects of that combination are in restraint of trade^ no protection is given to any combination or conspiracy which before the passing of the Act of 1871 would have been criminal for other reasons (y). The Conspiracy and Protection of Property Act, 1875^ does not affect civil remedies (z). A combination of two or more without justification or excuse to injure a man in his trade by inducing his customers or servants to break their contracts with him or not to deal with him or continue in his employment is, if it results in damage to him, actionable (z). A conspiracy consists of an unlawful combination of two or more persons to do that which is contrary to law or to do that which is wrongful and harmful towards (u) Allen V. Flood (1898), A. C. 1 (H. L.). Refer to Trof. Dicey's- article in the Law Quarterly Review for January, 1902. (x) (1851), 2 Den. C. C. 364 (C. C. R.)- (y) Per Lord liramptou in Quinii v. Leathern (1901), A. C. 495, 52& (H. L.). (2) Quinn v. Leathern, siq). TRADE UNIONS. 29 auothei* person. It may be punished criminall}'^ by indictment, civilly by an action on the case in the nature of conspiracy, if damage has been occasioned to the person to whom it is directed. It may also consist of an unlaw- ful combination to carry out an object not in itself unlawful by unlawful means. The essential elements, whether of a criminal or of an actionable conspiracy, are the same, though to sustain an action special damage must be proved (a). To combine to coerce an employer, by threatening to create a strike among his workmen, to break his contract to employ a man is an unlawful act carried out by illegal means and, if special damage Hows therefrom and though there may have been just cause or excuse for it, it gives rise to a cause of action (h). Injury to Person or Property.— Where any person wilfully and maliciously breaks a contract of service (c) or of hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life or cause serious bodily injury or to expose valuable property, whether real or personal, to destruction or serious injury (d) or will be to deprive the inhabitants of a city, borough, town, place or part, wholly or to a great extent, of their supply of gas or water (e), he is liable to a penalty of 201. or three months' imprisonment. The act is done mahciously whether the offence be committed from malice conceived against the owner of the property in respect of which it is committed or otherwise (/). (a) PerLord Braini)ton in Quinn v. Leathern (1901), A. C. 495, 528 (H.L.). (6) Head v. Friendhj Society of Operative Stonemasons (1902), 2 K. B. 732 (C. A.). (c) As to the meaninf; of "contract of service," see Orainrjer v. Aynsley (1880), 6 Q. B. D. 182, 188 (Div. Ct.) ; ante, pp. 11, 12. ((/) C. & r. P. A. 75, 8. 5. (e) lb. s. 4. A copy of tlie section must bo posted uii at Uie gas or water works, ib. {/) Ib. s. 15; Malicious Damage Act, 18G1 (24 & 25 Vict. c. 97), s. 58. 30 WORK AND LABOUR. Interference with Rights. — Eveiy person who, with a view to compel an}' other person to abstain from doing or to do any act which such other person has a legal right to do {(/) or abstain from doing, wrong- fully and without legal authority, uses violence to or intimidates such other person or his wife or children or injures his property ; persistently follows such other person about from place to place ; hides any tools, clothes or other property owned or used by such other person or deprives him of or hinders him in the use thereof; watches or besets the house or other place where such other person resides or works or carries on business or happens to be or the approach to such house or place ; or follows such other person with two or more other persons in a disorderly manner in or through any street or road, is liable to a fine or to imprisonment (li). Attending at or near the house or place where a person resides or works or carries on business or happens to be or the approach to such house or place, in order merely to obtain or com- municate information, is not deemed a watching or besetting (?). The expression "with a view to compel" does not import motive, but purpose ; and " wrongfully and with- out legal authority " means unwarranted by law (k). A threat to go out on strike or to create a strike is not in itself intimidation (Z). It is doubtful whether a threat need be one of i^ersonal violence (m). (g) See Fanner v. JFilsoyi (1900), 69 L. J. Q. B. 496 (Div. Ct.). (h) C. & P. P. A. 75, s. 7. {i) Ih. {k) Lyons & Sons v. Wilhiiis (1899), 1 Ch. 255 (C. A.). [l) Connor v. Kcnf, Gibson v. Laicson, Curran v. Trcleavcn (1891^, 2 Q. B. 545 (Div. Ct.). (m) lb. Anil see li. v. Druitt (1867), 10 Cox, C. C. 592 (Biamwell, B.) ; Wood V. Boioron (1866), 36 L. J. M. C. 5 (Banc); Judge v. Bennett (1887), 36 W. R. 103 (Div. Ct.) ; Allen v. Flood (1898), A. C. 1 (H. L.) Quinn v. Leathern (1901), A. C. 495 (H. L.). TRADE UNIONS. 31 It is not necessary to speak in order to constitute the offence of persistently following (u). Watching and besetting one person's house with a view to compel some other person has been held to be an offence (o). Picketing is watching and besetting (jj), and need not be a lengthened operation, or limited to places that a person habitually frequents (q). Seamen. — The Conspiracy and Protection of Property Act, 1875, does not apply to seamen or apprentices to the sea service (r). This means that seamen cannot be punished under the Act, not that others may not be guilty of offences against seamen (s). The expression "seamen" does not include all seafaring men but only those employed on board a ship. A man does not cease to be a seaman because he is temporarily on shore (t). Registered Trade Unions. Registration. — Any seven or more members of a trade union may, by subscribing their names to the rules and otherwise complying with the provisions of the Acts with respect to registry, register such trade union but if any one of the purposes of such trade union be unlawful, the registration will be void (»)• Name. — A union cannot be registered in a name so nearly resembling that of an existing one as to be likely to deceive (x). If a union become divided into two hostile (n) Smith v. Thomasson (1890), 62 L. T. 68 (Div. Ct.). (o) Lyons d; Sons v. Wilkins (1899), 1 Ch. 255 (C. A.). (l)) Lyons & Sons v. Wilhlns (1896), 1 Ch. 811 (C. A.). {q) Charnock v. Court (1899), 2 Ch. 35 (Stirling, J.). (?•) C. & P. P. A. 75, s. 16. As to the lueauiiig of tho expression "seamen," see ante, p. 12. (s) Kennedy v. Cowie (1891), 1 Q. 15. 771 (Div. Ct.). And see Fai-mcr V. Wilson (1900), 69 L. J. Q. 15. 496 (Div. Ct.). {I) 11. V. Lynch (1898), 1 Q. B. CI (C. C. R.). («) T. U. A. 71, s. 6. For the procedure for registration, sec ib., s. 13, and Sched. II. ; T. U. A. 76, s. 6. ; Regs. 1—10. (x) T. U. A. 71, s. 13 (3) ; Reg. 2. As to changing the name, see an(<\ p. 21. 32 -WORK AND LABOUR. sections who both apply to be registered under the old name, the Registrar may refuse to register either of tliem (//). Cancellation. — Provision is made for the withdrawal or cancelhition of the registration on certain conditions (z). OflB.ce. — Every registered trade union must have a registered office to which all communications and notices may be addressed. ** If any trade union under this Act " (a) is in operation for seven days without having such an office, such trade union and every officer thereof are each liable to a penalt}^ not exceeding 51. for every day during which it is so in operation (i). It is not necessary that a trade union be registered. The words "any trade union under this Act" must be read as " any trade union registered under this Act " (c), and not as any trade union within the meaning of sect. 16 of the Act of 1876. Rules. — The rules of a registered union (which may be bought for Is.) must be registered (d) and contain the following provisions (e) : — the name of the trade union and place of meeting for the business of the trade union ; the whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applic- able and the conditions under which an}' member may become entitled to any benefit assured thereby and the fines and forfeitures to be imposed on any member of such trade union ; the manner of making, altering, amending, (y) E. V. Regvstrar of Friendly Societies (1872), 41 L. J. Q. B. 366 (I5auc). {z) T. U. A. 76, s. 8 ; Kegs. 12—14. (a) T. U. A. 71. (6) lb. s. 15. (c) See ib. s. 13 ; Reg. 15 and Form M. The opening words of .section 15 and the whole Act distinguish registered trade luiious from others. {d) T. U. A. 71, S.S. 13, 14 ; T. U. A. 76, s. 6 ; Regs. 6 et scq. \e) T. U. A. 71, s. 14. See Reg. 24. REGISTERED TRADE UNIONS. B3 and rescinding rules ; a provision for the appointment and removal of a general committee of management, of a trustee or trustees, treasurer and other oJBficers ; a pro- vision for the investment of the funds and for an annual or periodical audit of accounts ; and the inspection of the books and names of members of the trade union by ever}' person having an interest in the funds of the trade union. Mortmain. — Ever}' branch of a registered union may purchase, take on lease, sell, exchange, mortgage or let one acre of land (/). A devise of land to a union is invalid (g) but not a bequest secm'ed on or connected with land (//). Newspaper. — A trade union may own and pubhsh a newspaper in the interests of the members as such members (i). Stock. — Stock standing in the name of a trustee may in certain circumstances be transferred into the names of other persons as trustees (k). Friendly Society. — A registered union may con- tribute to tbe funds and take part in the government of a registered friendly society, if the purpose of the society is relief in sickness by providing medical attendance and medicine, without becoming a branch of that society (Z). Income Tax. — Funds of a registered union applied for "provident benefits" are exempt from income tax, provided the assurance does not exceed 200/. or the annuity 30Z. per annum (?n). Poor Law. — Guardians of the poor cannot be re- imbursed, under the Divided Parishes and Poor Law (/) T. U. A. 71, s. 7. iff) EeAmos, Carrier v. Price (1891), 3 Ch. 159 (Nortli, J.). (h) Mortmain and Cliaiitablp Uses Aot, 1891 (54 & 55 Vict. c. 73), s. 3. (i) Linaher v. Pilcher (1901), 70 L. J. K. 13. 396 (Mathew, J.). (k) T. U. A. 76, s. 4. ■ See Ref,'s. 17—20 and 24. (0 Friendly Societies Act, 1896 (59 & 60 Vict. c. 25), s. 22. {in) Trade Union (Provident Funds) Act, 1893 (56 & 57 Vict. c. 2). W.L. 8 3-4 ■SVORK AND LABOUR. Amendment Act, 1876 {n), out of the fmids of a miion in respect of relief given to a member who is entitled to benetits out of tliose funds (o). Nominee for Payment. — A member may nominate in writing a person, not being an ofiicer or servant of the union unless one of certain specified relations, to whom shall be paid nione3'S not exceeding 1001. {p), payable on his death (q). No action will lie by the person so nomi- nated to recover such moneys (?*). Accounts. — The treasurer or other officer must deliver proper accounts according to the rules and these accounts must be audited. He may be required to hand over any balance that appears to be due from him and any property of the union in his hands or custody and, in default of his doing so, the trustees may sue him and recover their full costs of suit to be taxed as between attorney and client (s). Annual Statement. — An annual statement of the assets, liabilities, receij^ts and expenditure must be sent to the Registrar and, on application, a copj' thereof must be sui^plied without pa^-ment to ever}' member (f). Wrongful Dealing with Property.— If any person obtain possession of any moneys or any other propert}- of a registered union by false representation or imposition or wilfully withhold or fraudulently misapply the same or wilfull}' apply the same to purposes other than those specified in the rules, he may be ordered, in addition to (n) 39 & 40 Vict. c. 61, s. 23. See Poor Law Amenament Act, 187& (42 & 43 Vict. c. 12). (o) JFinder v. Governors d-c. Kiwjston-on-Hull d:c. (1888), 20 Q. B. D. 412 (Div. Ct.). (;;) Provident Nominations and Small Intestacies Act, 1883 (46 & 47 Vict. c. 47), s. 3. This Act deals with procedure, intestacy without nomination and duties paj'able. (q) T. U. A. 76, s. 10. See Reg. 23. (/•) Crocker v. Knight (1892), 1 Q. B. 702 (C. A.). (s) T. U. A. 71, s. 11. {t) lb. s. 16. EEGISTERED TRADE UNIONS. 35 the repayment of such moneys or delivery of such property, to pay 20L and 20s. costs and, in default, be imprisoned for three months (u). Under similar words in the Friendly Societies Act, 1875 {x), it has been held that an order followed by imprisonment is a bar to a civil action (y). It appears doubtful whether a magistrate has power to make an order without inflicting a penalty or whether a distress warrant could be issued to enforce such an order (z) . Trustee. — A trustee is only liable for moneys actually received by him on behalf of the union (a). Vesting of Property. — All property belonging to a registered union or its branches is vested in the trustees but the property of a branch may be vested in the trustees of the union, if the rules of the union so provide (&). In legal proceedings such property shall be stated to be their property in their proper names (c). Property includes assets of every description (d). Legal Proceedings. — Trustees may proceed or be proceeded against in a matter touching or concerning the property of the union in their proper names without other description than the title of their office (e). The summons may be served by leaving the same at the registered office and, in the case of death, the proceedings devolve upon the successors (/). A union may be sued in its registered name (g). (u) T. U. A. 71, s. 12. (x) 38 & 39 Vict. c. 60, s. 16 (9). (y) Fernon v. rFatson (1891), 2 Q. B. 288 (C. A.). See also Knight v. Whitmore (1885), 53 L. T. 233 (Div. Ct.). (a) See Lord Esher in Fernon v. Watson, sup. \a) T. U. A. 71, «. 10. \b) lb. s. 8 ; T. U. A. 76. s. 3. (c) T. U. A. 71, s. 8. (d) See Linakcr v. Pilcher (1901), 70 L. J. K. B. 396 (Matliew, J.). (e) T. U. A. 71, s. 9. if) lb. (g) Tajf Vale Rij, v. AmaUjamatcd Society of Jiailimy Servants (1901), A. C. 426 (H. L.). 3—2 36 WORK AND LABOUR. If the trustees nre the registered proprietors of a newspaper heh^nging to a union, they may be sued in libel so as to bind the funds of the union (/<). Where the property of a union is not concerned, the trustees cannot be proceeded against under R. S. C. Ord. XVI. r. 9 as representing a numerous body of persons (i) but where some proprietary right is at issue an officer of a union may be ordered to defend even against his will (A"). Several members of an association may combine in bringing an action against several defendants in respect of a series of transactions directed against them (l). {h) Unaker v. Pilcher (1901), 70 L. J. K. B. 396 (Mathew, J.). \i) Tempertonv. Eussell (1893), 1 Q. B. 435 (C. A.), (jfc) Wood V. McCarthy (1893), 1 Q. B. 775 (Div. Ct.). (l) Walters v. Green (1899), 2 Ch. 696 (Stirling, J.). CHAPTER III. TRUCK— PAYMENT OF WAGES. The Truck Act, 1831 [a). (1 & 2 Will. IV. c. 37.) The Truck Amendment Act, 1887 (h). (50 & 51 Vict. c. 46.) The Truck Act, 1896 (f). (59 & 60 Vict. c. 44.) The workman's right to his wages in cash, without deduction, and his liberty to spend them as and where he pleases are protected by the statutes known as the Truck Acts. The intention of the Truck Acts was to ensure to workmen the payment of the entire amount of their wages in actual current coin of the realm, unfettered by any promise or obligation that it should be spent in any particular manner, or at any particular shop. The Legislature endeavoured to secure that the workman might have in his hand the very actual coin representing his wages, in order that he and liis family might freely carry it home, or expend it without impediment in the open market (d) . («) Referred to in this Chapter as T. A. 31. On the subject of truck consult Stone's Justices' Manual, " Labour Laws." {b) Referred to in this Cluipter as T. A. 87. (c) Referred to in this Chapter as T. A. S»6. {il) Per Bowen, L..I., in Ilcwldl v. Allen (1892), 2 Q. 13. 662, 664 {C. A.). yrf4'708 38 WORK AND LABOUR. Definitions. — In the Acts leluting to truck the ex- pression : — " Wurkman " or "artificer" means (c) a workman as defined by the Emploj-ers and Workmen Act, 1875 (/). " Employer " includes all masters, bailiffs, foremen, managers, clerks and other persons engaged in the hiring, employment or superintendence of the labour (g). ""Wages" means anj' money or other thing had or con- tracted to be paid, delivered or given as a recompense, reward or remuneration for anj' labour done or to be done, whether within a certain time or to a certain amount or for a time or an amount uncertain (g). "Contract" means any agreement, understanding, device, contrivance, collusion or arrangement whatsoever on the subject of wages, whether written or oral, whether direct or indirect, to which the employer and workman are parties or are assenting or by which they are mutually bound to each other or whereb}' either of them shall have endeavoured to impose an obligation on the other of them (g). Home "Work. — In some trades goods are made by the workman at home, and he is paid so much for each piece when he brings it in. In such cases sect. 10 of the Truck Act, 1887, provides as follows : — " Where articles are made b}- a person at his own home or otherwise, without the employment of any person under him except a member of his own family, the principal Act (li) and this Act shall apply as if he were a workman and the shopkeeper, dealer, trader or other person buying the articles in the way of trade were his employer and the provisions of this Act with respect to the payment of wages shall apply as if the {e) T. A. 87, s. 2 ; T. A. 96, s. 12. {/) 38 & 39 Vict. c. 90, s. 10 ; ante, p. 1. iff) T. A. 31, s. 25. (A) T. A. 31. TBUCK — PAYMENT OF WAGES. 39 price of an article were wages earned during the seven days next preceding the date at which anj- article is received from the workman by the employer. This section shall apply only to articles under the value of five pounds knitted or otherwise manufactured of wool, worsted, yarn, stufi", jersey, linen, fustian, cloth, serge, cotton, leather, fur, hemp, flax, mohair or silk or of any combination thereof or made or prepared of bone, thread, silk or cotton lace or of lace made of any mixed materials" (i)- Payment. — The entire amount of the wages earned must, save as hereinafter appears, be actually paid to a workman in the current coin of the realm and not other- wise ; and every payment made by the delivering to him of goods or otherwise than in such current coin is illegal and void {k). Payment by bank notes, drafts or orders for the pay- ment of money to bearer on demand drawn upon any persons carrying on the business of a banker within fifteen miles of the place where such drafts or orders shall be so paid, if the workman freely consent to receive them, is not invalid by reason of the Truck Act, 1831 (l). If in any contract any part of wages is made payable in any manner, save as hereinafter appears, other than in current coin, such contract is illegal and void {m). Nothing in the Truck Acts renders illegal a contract with a servant in husbandry for giving him food, drink (not being intoxicating) a cottage or other allowances or privileges, in addition to money wages, as a remuneration for his services (h). (i) T. A. 87, s. 10. Tlie operation of this section may be suspended by Order in Council, ib. (k) T. A. 31, s. 3. See Smith v. WaUo}i (1877), 3 C. V. D. 109 (Banc) ; Achleada, ante. See also Hosiery Manufacture (Wages) Act, 1874 (37 & 38 Vict. c. 48), post, p. 47. ,,^.„ „- (I) T. A. 31, s. 8. See also Bank of England Act, 1833 (3 & 4 W ill. IV. c. 98), s. 6. (7>i) T. A. 31, 8. 1. (n) T. A. 87, s. 4. 40 WORK AND LAHOUR. Deductions. — A payment of wages earned less a deduction for goods previousl}' purchased from the emphner is not a payment in current coin (o). A subsequent payment will not purge the offence {p). When employment is b}' piece-work, making charges for the use of machines, Sec, it is a question of fact whether the wages are the original price of the piece- work or that price after deducting such charges (q). A deduction for payment of shares in the employers* company agreed to be purchased by the workman is a contravention of the Truck Acts and void (r). A deduction for fines is not illegal (s) provided it does not transgress the Truck Act, 1896 (t). A payment made by an employer, at the instance of a person employed, to discharge some obligation of the person employed or to place the money in the hands of some person in whose hands the person employed desires it to be placed, is a payment to the person employed as much as if the current coin of the realm had been placed in his or her hands. Accordingly', where the employer at the request of the workman deducted a sum weekly from his wages and paid it to the treasurer of a sick and accident fund, it was held to be legal, and equivalent to a payment of the amount to the workman (w). (o) IVihoii V. Gookson (1863), 32 L. J. M. C. 177 (Banc) ; Fisher v. Jones (1863), 32 L. J. M. C. 178 (Banc) ; Gould v. Eaynes (1889), 59 L. J. M. C. 9 (Div. Ct.) ; Ashersmith v. Drury (1858), 28 L. J. M. C. 5. (Banc) ; Hughes v. Bonella (1894), 10 T. L. R. 197 (Div. Ct.). {p) Fiaher v. Jones, sup. [q] Chmcnerv. Cummins (1846), 15 L. J. Q. B. 161 (Banc) ; Archer v. James (1862), 31 L. J. Q. B. 153 (lix. Ch.) ; Heidelt v. Allen (1892), 2 Q. B. 662, 669 (C. A.). (r) Glasgoio v. Independent Printing Co. (1901), 2 I. E. 278 (C. A.). (s) Redgrave v. Kelly (1889), 37 W. R. 543 (Div. Ct.) ; Wallisv. Thorp (1875), 44 L. J. Q. B. 137 (Banc) ; Bectlmm. v. Creivdson (1890), 55 J. P. 55 (Div. Ct.). See Addenda, ante. (0 Post, pp. 42—44. (u) Hewlett v. Allen (1894), A. C. 3£3 (H. L.). See Addenda, ante. TRUCK PAYMENT OF WAGES. 41 Unless, however, it is actually paid over to the third party, and this at the request of the workman, the sum is still recoverable by the workman (x). A payment in full in current coin of the realm, with a subsequent repayment of a subscription for insurance premiums paid by the employer to cover his own liability under the Workmen's Compensation Act, 1897, is not illegal, although the total subscriptions of the men amounted to more than the premiums and so left a profit to the employer (y). No deduction can be made from a workman's wages for sharpening or repairing tools, except b}'^ an agi'eement not forming part of the condition of hiring (z). Nothing in the Truck Acts prevents any employer from suppl3'ing to a workman medicine or medical attendance or fuel, materials, tools or implements to be employed in mining or hay, corn or provender or from demising to him any tenement or from supplying him with victuals prepared under the roof of the employer and there consumed or from making any stoppage or deduction from his wages in respect of such matters or of money advanced for any such purpose, provided that such stoppage or deduction may not exceed the real and true value of such fuel, materials, tools, implements, hay, "corn and provender," and may not in any case be made uidess tlie agreement for such stoppage or deduction be in writing and signed by the workman {a). Contributions to a sick and funeral fund are within the above exemption (h). {x) Exp. Cooper, Re Murris (1884), 26 C. D, 693 (C. A.), discussed in Hewlett V. Mien (1892), 2 Q. B. G62, 672 (C. A.) : (1894) A. C. 383, 392 (H. L.). (*/) Ow7ier V. IIooiKr (1903), 89 L. T. 130 (Div. Ct). {z) T. A. 87, s. 8. {a) T. A. 31, 9. 23. See Pillar v. Llynvi Jic Co. (1869), L. R. 4 C. P. 752 (Banc) ; Cuttsv. Ward (1867), L. 11. 2 Q. B. 357 (Banc). As to audit of deductions, see T. A. 87, s. 9. {b) Lamb v. Q. N. Ilij. (1891), 2 C^. B. 281 (Div. Ct.) ; Ilciddt v. Allen (1892), 2 il B. 662, 674 (C. A.). 42 WORK AND LABOUR. Tt is not necessfli'v that the amount to be deducted in respect of each head of deduction be specified in the written contract (c) unless it is within the Truck Act, 1896 (r/). Emphi3'ers ma)' advance money to be contributed to a friendly society' or bank for savings duly established according to law or for relief in sickness or for the education of an}' child or children of a workman and may deduct such money from the wages of the workman (e). "Whenever by agreement, custom or otherwise a work- man is entitled to receive, in anticipation of the regular period of the payment of his wages, an advance as part or on account thereof, it is not lawful for the employer to withhold such advance or make any deduction in respect of such advance on account of poundage, discount, interest, or any similar charge (/). Fines may be imposed on workpeople and deducted from their wages but only under restrictions, for sect. 1 of the Truck Act, 1896 (g), provides as follows : — (1) An employer shall not make any contract with any workman for any deduction from the sum contracted to be paid by the employer to the workman or for any payment to the employer by the workman for or in respect of any fine, unless (a) the terms of the contract are contained in a notice kept constantly afiixed at such place or places open to the workmen and in such a position that it may be easily seen, read and copied by any person whom (c) Cults V. JFard (1867), L. R. 2 Q. B. 357 (Banc). (d) Infra. (c) T. A. 31, s. 24 ; T. A. 87, s. 17. See riUar v. Lhjnvi Ic Co. (1869), L. R. 4 C. P. 752 (Banc). As to amount of school fees, see T. A. 87, s. 7. As to audit of deiluctions, see T. A. 87, s. 9, {/) T. A. 87, s. 3. {g) This Act does not apply to persons engaged in any branch of the weaving of cotton in the counties of Lancashire, Cheshii-e, Derby- shire, and the "West Riding of Yorkshire. T. A. 96, s. 9 ; Or. Mar. 3, 1897. TRUCK — PAY:\rENT OF WAGES. 43 it affects or the contract is in writing signed by the workman ; and (b) the contract specifies the acts or omissions (//) in respect of which the fine may be imposed and the amount of the fine or the particulars from which that amount may be ascertained ; and (c) the fine imposed under the contract is in respect of some act or omission which causes or is likely to cause damage or loss to the employer or interrup- tion or hindrance to his business ; and (d) the amount of the fine is fair and reasonable having regard to all the circumstances of the case. (2) An employer shall not make any such deduction or receive any such payment, unless — (a) the deduction or payment is made in pursuance of or in accordance with such a contract as aforesaid ; and (b) particulars in writing showing the acts or omissions in respect of which the fine is imposed and the amount thereof are supplied to the workman on each occasion when a deduction or payment is made. (3) This section shall apply to the case of a shop assistant (i) in like manner as it applies to the case of a workman. The above provisions of sect. 1, sub-sects. 1 and 2, are applied to deductions "for or in respect of bad or negligent work or injuiy to the materials or other property of the employer," save that in lieu of sub-sect. 1 (b) and (c), it is provided that the deduction or payment to be made under the contract may not exceed the actual or estimated {h) A rule providing that "all workers shall observe good order and decorum while iu the factory " and imposing a fine for a breach of it is « sufficient comi)liance with this sub-section : Hquire v. Barjcr (1901), 2 K. H. 299 (Div. Ct.). {i) As to shop assistants, sec Shop Hours Act, 1892 (55 k 56 Vict. c. 62), post, p. 251 ; and Shop Clubs Act, 1902 (2 Ed. Ml. c. 21), post, p. 251. 44 WORK AND LABOUR. damage or loss occasioned to the employer by the act or omission of the workman or of some person over whom he has control or for Avliom he has by the contract agreed to be responsible (A). The above provisions, sect. 1, sub-sects. 1 and 2, are also aj^plied (/) to deductions "for or in respect of the use or supply of materials, tools or machines, standing room, light, heat or any other thing to be done or provided by the employer in relation to tlie work," save that in lieu of sub-sect. 1 (b) and (c) the deductions are not to " exceed in the case of materials or tools, the actual or estimated cost thereof to the employer" (/). A contract under the Truck Act, 1896 (which needs no stamp) (ui), must, on demand in writing, be produced to the inspector of factories. A copy of its terms given to the workman or shop assistant (n). Nothing in the Truck Act, 1896 makes lawful any contract or payment which is illegal under the Truck Acts, 1831 and 1887 or under the Hosiery Manufacture (Wages) Act, 1874 (d) or aftects the provisions of the Coal Mines Eegulation Act, 1887 (p) or any amending Act with respect to persons employed in mines and paid according to weight or makes lawful any deduction from payments made to those persons (q). Outlay of Wages. — If in any contract provision be made, directly or indirectly, respecting the place where or the manner in which or the person or persons with whom the whole or any part of the wages due or to become due to a workman shall be laid out or expended such contract is illegal and void {r). (k) T. A. 96, s. 2. (/) Jb. s. 3. (m) lb. a. 7. (?() Jb. s. 6. As to the powers of iuspectors see T. A. 87, s. 13 (2). (o) 37 & 38 Vict. c. 48. See pod, p. 47. (ji) &0 & 51 Vict. c. 58, 2'osl, p. 85. (2) T. A. 96, s. 8. (r) T. A. 31, s. 2. TRUCK — PAYMENT OF WAGES. 45 A woman bound herself to conform to all the rules and regulations of a firm. One of the rules was that all the workpeople should become members of the sick and accident fund and to which they should make a weekly subscription in proportion to their wages. The woman knew when she signed the contract that those subscrip- tions would be deducted from her wages. It is probable that the contract was not illegal within the above provision but on this point no decision was given by the House of Lords, it being held that b}' paying over the money deducted to the club with the woman's consent the employer had discharged his obligations to her (s). An employer may not directly or indirectly impose, as a condition, exj)ress or implied, of the employment of a workman, any terms as to the place at which or the manner in which or the person with whom his wages are to be expended or dismiss him on account of the place at which or the manner in which or the person with whom Jiis wages are or are not expended (/)• This, however, does not apply (u) to anything excej)ted by sect. 23 of the Truck Act, 1831 (.r). Recovery of Wages. — A workman may recover so much of his wages as shall not have been paid to or for liim by his employer in current coin (y). Should any of the wages earned in the preceding three months not have been paid in current coin of the realm and the workman or his wife or his widow or child under twenty-one years of age become chargeable to the parish, the guardians of the j)oor may recover them and reimburse themselves (z). («) Hewlett V. Jlkn (1892), 2 Q. [5. 662 (C, A.) ; (1894), A. C. 383 (H. L.). {t) T. A. 87, s. 6. (m) Lamb v. O. N. Ity. (1891), 2 Q. B. 281 (Div. Ct.). (x) Ante, p. 41. (y) T. A. 31, s. 4. \z) lb.s.7;T. A. 87, s. 16. 46 WORK AND LABOUR. Any woikiniin or shop assistant may recover any sum deducted by or paid to his employer contrary to the Truck Act, provided that proceedings for such recovery are commenced within six months from the date of the deduction or payment sought to be recovered and that, where he has consented to or acquiesced in any such deduction or payment, he shall only recover the excess which has been deducted or paid over the amount, if any, which the Court may find to have been fair and reasonable having regard to all the circumstances of the case (a). Goods Supplied by Employer. — An employer can- not maintain an action, in respect of goods sold, delivered or supplied by him to a workman whilst in his employ- ment as or on account of wages or at any shop or warehouse kept by or belonging to him or in the profits of which he has any share or interest (h). If a workman takes proceedings for the recovery of wages alleged to be due to him, his employer cannot set off as or on account of wages anything in respect of goods supplied by him or at any shop or warehouse kept by or belonging to him or in the profits of which he has any share or interest (c). This leaves open to the emploj'er ever}' other set-off or legal or equitable defence (d). In any action brought by a workman for the recovery of his wages, the employer may not set off or counter- claim in respect of any goods supj)lied by any person under his order or direction or by his agent, nor will an action lie in respect of goods so supplied (oa/, p. 73. For tho nicanin^ of the words woman, young person and cliild, see post, pp. 59, 60. Jews are specially excepted and regulated by ss. 47 and 48, post, pp. 73, 7'). (x) 27 lieu. VI. c. 5. 64 ^VORK AND LABOUR. Sundays, and Good Fridaj', sliall clearly cease from all shewing of any goods or merchandises, necessary victual only except, upon i)ain of forfeiture of all the goods aforesaid, so shewed, to the lord of the franchise or liberty where such goods, contrary to this ordinance, be or shall be shewed. ' and perpetrated. ' our \ ' sy 11 fully I •• wilfully more }-Kot. Pari. nu. vj. (24). * defouled j * pycchyng ■' Drovers. — No drover with any cattle may travel on the Lords Day {)/). Regulations may be made as to the route and conduct of persons driving cattle in the City of London and in certain parts of the metropolis (z) or cattle, sheep, pigs or other animals or carts during the hours of divine service on Sunday, Christmas Day or Good Friday or on any day of public fast or thanksgiving in the City of London (a) or the metropolis (h). Carriers, Carters. — No carrier with any horse, or waggon-man with any waggon, or carreman with any cart, or wa3'neman with aine wayne, may travel on the Lords Day (c). This includes a driver of a van (d), but not a driver of a stage-coach (e). Fish Carriages. — The Fish Carriage Act, 1762 (/), after an enactment, now repealed, relating to carriages for the conve3'ance of fish, which had to be registered and mai'ked with the words " Fish Machine Only " and with (?/) Sunday Observance Act, 1627 (3 Car. I. c. 2). {z) Metropolitan Market Act, 18.57 (20 & 21 Vict. c. cxxxv.), s. 18. (a) Police (City of London) Act, 1839 (2 & 3 Vict. c. xciv.), s. 20. (b) I^Ietropolitan Police Act, 1839 (2 & 3 Vict. c. 47), s. 51. (c) Sunday Observance Act, 1627, sup. See, however, s. 51 of the Metropolitan Police Act, 1839, ;ms<, p. 55. (rf) Exp. Middletoii (1824), 2 L. J. (0. S.) K. B. 220 (Banc), (e) Sanderrutn v. Breach (1827), 5 L. J. (0. S.) K. B. 298 (Banc). (/■) 2 Geo. III. c. 15. SUNDAY. 55 the name and address of the owner and with the number of the carriage, provides by sect. 7, that ** every such fish carriage as aforesaid shall be allowed to travel, pass and be drawn on Sundays and holydays on any road, whether laden or returning empt}' ; and . . . the horse or horses which shall return from drawing any such fish carriage, although rode on by any driver of any such fish carriage, or drawing back any empty fish carriage, shall also be allowed to pass on Sundays and holydays on any road, without any driver of any such fish carriage, or the rider on anj-^ such horse as aforesaid, incurring any penalty for so travelling therewith." Carts and Carriages. — Though it is expressly pro- vided that hackney carriages may ply for hire in the metropolis on Sunday {g), no similar provision seems to have been enacted in respect of stage carriages. On the application of the minister or churchwardens of a place of public worship, regulations may be made as to the route and conduct of persons driving any cart or carriage in the metropolis (/i), or any stage carriage in the City (i) during the hours of divine service on Sunday, Christmas Day and Good Friday, and any day of public fast or thanksgiving. Travelling. — No drover, horsecourser, waggoner, butcher, higler or their servants may travel or come into his or their inn or lodging upon the Lords day (/c). Butchers. — If any butcher by himself or any other for him by his privity or consent shall kill or sell any victual upon the Lords Day he shall forfeit for every such off'ence the sum of six shillings and eight pence (/). (J7) London Hackney Carriage A<:t, 1831 (1 & 2 Will. IV. c. 22), s. 37. (A) Metropolitan Police Act, 1839 C2 & 3 Vict. c. 47), s. 61. (0 Police (City of London) Act, 1839 (2 & 3 Vict. c. xciv.), s. 20. (Jc) Sunday Observance Act, 1077 (,29 Car. IL c. 7), s. 2. (/) Sunday Observance Act, 1627 (3 Car. L c. 2). 56 WORK AND LABOUR. Game. — No one may kill or take any game including hares, pheasants, partridges, grouse, heath or moor game, black game or bustards or use any dog, gun, net, or other engine or instruments; for the purpose of killing or taking game on Sunday or Christmas Day {in). An offence is committed though the offender be not upon the land (n) . Fishing. — No one may fish for, catch or kill salmon (o) on Sunday, except with a rod and line (j)) and there must then be proper openings for fish to pass (q) . Pastimes. — The Sunday Observance Act, 1625 (r), after a quaint recital of the prevailing profanation of the Lord's Day, enacts that " there shall be no meetings assemblies or concourse of people out of their owne parishes on the Lords Day . . . for any sports or pastimes whatsoever, nor any bearebaiting, buUbaiting, enberludes, cumon playes or other unlawfuU exercises or pastimes used by any pson or psons within their owne parishes " under a penalty of three shillings and four- pence for each offence, and in default of payment or distress to "be set publiquelie in the stocks by the space of three houres." Entertainments. — By the Sunday Observance Act, 1780, any house, room or other place which shall be opened or used for publick entertainment, amusement or debating upon Sunday and to which persons shall be admitted by the payment of money or by tickets sold for money is deemed to be a disorderly house or place (s). Any such place at which persons are supplied (m) Game Act, 1831 (1 & 2 Will. IV. c. 32), s. 3. (n) Alle/i V. Thompson (1870), L. R. 5 Q. B. 336 (Banc), (o) For the meaning of this expression see j^ost, p. 137. (p) Salmon Fishery Act, 1861 (24 k 25 Vict. c. 109), s. 21. See post, p. 144. (?) Jb. s. 22. (r) 1 Car. I. c. 1. (s) 21 Geo. III. c. 49, s. 1. SUNDAY. 57 with tea, coflfee or auy other refreshments at greater prices than the usual prices at which the like refresh- ments are commonly sold upon other clays at such place or at coffee houses or other houses where the same are usually sold is deemed to be a place to which persons are admitted by the payment of money, although money be not there taken in the name of or for admittance or at the time when persons enter into or depart from such place ; and any place which is opened or used for any publick entertainment or amusement or debate at the expence of any number of subscribers or contributors and to which persons are admitted by tickets to which the subscribers or contributors are entitled is deemed to be a place to which persons are admitted bj^ the payment of money (t). An aquarium with a museum, reading room, restaurants and cafe and a band playing sacred music is a place of entertainment (k). A place registered as a place of meet- ing intended to be used for religious worship, including sacred music, lectures on science, religion and other serious subjects, b}' an association known as "Recrea- tion Religionists " was held not to be such a place (x). The King raaj'' remit an}' jjenalties imposed under this Act (2/). Other Work. — Before quitting the subject of Sun- day work a few other decisions bearing upon it may be referred to. A servant of a railway company who accepts luggage on deposit at a cloak-room must deUver it out on request on a Sunday as well as on other days (z). A military court-martial may sit on Sunday, should (0 lb. 3. 2. 00 Terry v. Brirjhton Aquarium Co. (1875), L. R. 10 Q. B. 306 (IJanc) ; Warner v. Same (1875), L, R. 10 Ex. 291 (Banc), (x) Ba.dcr v. Langlcy (1868), L. R, 4 C. V. 21 (Banc), (j/) Renussion of Penalties Act, 1875 (38 & 39 Vict. c. 80), s. 1. (z) Slallo.nl V. G. W. Ry. (1862), 2 B. & S. 419 (I5anc). 68 ^YORK AND LABOUR. military exigencies or the interests of discipline require it (a). Service of legal process on Sunda}' is void (b), and so is the connuittal of a person hy a justice in default of sureties (c), but a valid notice to quit may be given on that day (d), and so may a nomination for an election for a guardian of the poor (e), or a request to be put on a list of voters (/). An arrest for crime, i.e., for an indictable offence, may always be made on a Sunday (g), and so may an arrest for contempt of Court {Jt). (a) See E. 64 of Rules of Procedure, Manual of JSIilitary Law, 1899, reprinted 1903, at i». 632. (6) Tcnjlor V. Phillips (1802), 3 East, li>5 (Banc) ; Mackreth v. Nichohmi (1815), 19 Yes. 367 (Lord Eldon, L.C.) ; 11. v. Middlesex JJ. (1848), 17 L. J. M. C. Ill (Erie, J.). (c) R. V. Itamscuj (1867), 16 W. R. 191 (Banc. Ir.). (rf) Sangster v. Nvy (1867), 16 L. T. 157 (Cty. Ct.). (e) Re Westhury upon Severn Union (1851), 4 E. & B. 314 (Bane). (/) Eaidins v. West Derby Overseers (1846), 2 C. B. 72 (Banc). ig) llawlins v. Ellis (1846), 16 M. & W. 172 (Banc). (/() Exp. Whilchurch (1749), 1 Atk. 55 (Lord Hardwicke, L.C). CHAPTER V. FACTORIES AND WORKSHOPS. Factory and Workshop Act, 1901 (a) (1 Edw. VII. c. 22). The legislation regarding factories and workshops was in 1878 consolidated by the statute passed in that year. In 1901 the Factory and Workshop Acts, 1878— 1895, were repealed and the provisions contained therein re-enacted with modifications and amendments b}' the Factory and Workshoi? Act, 1901. Any reference to those provisions in subsequent statutes will therefore refer to the corre- sponding provisions of the Act of 1901. All orders, special rules and requirements under those Acts are deemed to have been made under tbis Act{h). The law as stated in this Chapter is applicable to both factories and workshops unless it otherwise appears. Definitions. — "Child " means a person who is under the age of 14 years and who has not, being of the age of 13 years, obtained the certificate of proficiency or attendance at school mentioned in Part III. of the Act (c). (a) In this Chapter, when a section only of a statute is cited, it refers to tlie Factory and Workshop Act, 1901, unless it otherwise appears. (6) See s. 161 ; Interpretation Act, 1889 (52 & 53 Vict. c. C3), s. 38 ; Stevens v. General Steam Naviijalion. Co. (1903), 1 K. B. 890 ; 5 W. C. C. 95 (C. A.). (c) S. 156. See ss. 68—72. GO WORK AND LABOUR. "Young person " means a person who lias ceased to be a child and is under the age of 18 years (c). A young person, being a mechanic, artisan, or labourer working only in repairing either the machinery in or any part of a factory or workshop is not within the Act (c), " "Woman " means a woman of the age of 18 years and upwards (c). A person w-ho works, whether for wages or not, in any kind of work whatsoever, is, save as is otherwise provided by the Act, deemed to be employed (/). An apprentice is deemed to work for hire (/). Employment is deemed to be continuous unless inter- rupted by an interval of at least half an hour (c). " Owner " has the meaning given to it bj' sect. 4 of the Public Health Act, 1875 (c) {g). "Night" means the period between 9 o'clock in the evening and 6 o'clock in the succeeding morning (c). "Week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night (c). " Machinery " includes any driving strap or band (c). "Mill-gearing" comprehends every shaft, whether upright, oblique or horizontal and every wheel, drum (c) S. 156. (e) S. 158. (/) S. 1 52. A boy who, contrary to orders and for his own amusement, oiled some machinery duriui^ the meal-time, was held to be employed during prohibited times : Prior v. Slaithiuailc Spinning Co. (1898), 1 Q. B. 881 (Div. Ct). See Beadon v. Parrott (1871), 40 L. J. M. C. 200 (Banc). A manageress, who in addition to salary, took a share in the profits and was mistress of her own hours was held to be employed within the meaning of the Act : Graves v. Duncan (1899), 1 F. (J. C.) 72 (Ct. Just.). (g) 38 & 39 Vict. c. 55. " Owner " means the person for the time being receiving the rack rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or X)remise3 were let at a rack-rent, ib., s. 4. FACTOKIES AND 'WORKSHOPS. 61 or pulley or other appliance by which the motion of the first moving power is communicated to any machine appertaining to a manufacturing process (h). " Process " includes the use of any locomotive {h). "Factory" means textile factory and non-textile factory or either of those descriptions of factories (/)• '* Textile factory " means any premises wherein or within the close or curtilage of which steam, water or other mechanical power, is used to move or work any machinery employed in preparing, manufacturing or finishing or in any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, tow, cliina- gi'ass, cocoanut fibre or other like material, either separately or mixed together or mixed with any other material or any fabric made thereof : provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works and hat works shall not be deemed to be textile factories (i). " Non-textile factor}' " means (?) — any works, ware- houses, furnaces, mills, foundries or places named in Part I. of the Sixth Schedule (j) to the Act ; and any premises or places named in Part II. of the said schedule wherein or within the close or curtilage or precincts of which steam, water, or other mechanical power is used in aid of the manufacturing process carried on there ; and any premises wherein or within the close or curtilage or precincts of which any manual labour is exei'cised by way of trade or for purposes of gain in or incidental to any of the following purposes, namely — the making of any article or of part of any article, the altering, repairing, ornamenting or finishing of any article or the adapting for sale of any article and wherein or within the (h) S. 156. (i) S. 149. ij) Post, p. 62. 62 WORK AND LABOUR. close or curtilage or precincts of which steam, water or other mechanical power is used in aid of the manufacturing process carried on there (/.). " "NVorksliop" means (A) — any premises or places named in Part II. of tlie Sixth Schedule to the Act, which are not a factory ; and any premises, room or place, not heing a factory, in which or within the close or curtilage or precincts of which any manual labour is exercised by way of trade or for purposes of gain in or incidental to the making, altering, repairing, ornamenting, finishing or adapting for sale of any article and to or over which the employer has the right of access or control (k). It includes a tenement workshop (k). SIXTH SCHEDULE. Liit of Fadai'ies and Workshops. Part I. — Nox-Tkxtile Factories. Note. — The words that follow the expre.ssion "that is to say," are a statutory definition of, and are not qualified by, those that precede it (0- (1) " Print works," that is to say, auy premises in which any persons are employed to print figures, patterns or designs upon any cotton, linen, woollen, worsted or silken yarn or upon any woven or felted fabric not being paper; (2) "Bleaching and dyeing works," that is to say, any premises in which the processes of bleaching, beetling, dyeing, calendering, finishing, hooking, lapping and making up and packing any yarn or cloth of any material or the di-essiug or finishing of lace or any one or more of such processes or any process incidental thereto are or is carried on ; (3) "Earthenware works," that is to say, any place in which persons work for hire in making or assisting in making, finishing or assisting in finishing, earthenware or china of any description, except bricks and tiles not being ornamental tiles: (4) "Lucifer-match works," that is to say, any place in which persons work for hire in making lucifer matches or in mixing the chemical materials for making them or in any process inci- dental to making lucifer matches, except the cutting of the wood : (5) " Percussion-cap works, " that is to say, anyplace in which pei'sons (k) S. 149. \l) Rorjcrs V. Manchester Packiwj Co. (1898), 1 Q. B. 344 (Div. Ct.). FACTORIES AND WORKSHOPS. 68 work for hire in making percussion caps or in mixing or storing the chemical materials for making them or in any process incidental to making' percussion caps; (6) "Cartridge works," that is to say, any place in which persons work for hire in making cartridges or in any process incidental to making cartridges, except the manufacture of the paper or other material that is used in making the cases of the cartridges ; (7) "Paper-staining works," that is to say, anyplace in which persons work for hire in printing a pattern in colours upon sheets of paper, either by blocks applied bv hand or by rollers worked by steam, water or other mechanical power; '(8) "Fustian-cutting works," that is to say, any place in which persons work for hire in fustian cutting; (9) "Blast furnaces," that is to say, any blast furnace or other furnace or premises m or on which the process of smelting or otherwise obtaining any metal from the ores is carried on ; (10) "Copper mills" ; (11) " Iron mills," that is to say. any mill, forge or other premises in or on which any process is carried on for converting iron into malleable iron, steel or tin plate or for otherwise making or converting steel; (12) " Foundries," that is to say, iron foundries, copper foundries, brass foundries and other premises or places in which the process of founding or casting any metal is carried on, except any premises or nlaces in which such process is carried on by not more than five persons and as subsidiary to the repair or completion of some other work ; (13) "Metal and india-rubber works," that is to say, any premises in which steam, water or other mechanical power is used for moving machinery employed in the manufacture of machinery or in the manufacture of anv article of metal not being machinery or in the manufacture of india-rubber or gutta-percha or of articles made wholly or partially of india-nibber or gutta-percha; (14) " Paper mills," that is to say, any premises in which the manufacture of paper is carried on ; (15) " Glassworks," that is to say, any premises in which the manufacture of glass is carried on; (16) "Tobacco factories," that is to say, any premises in which the manufacture of tobacco is carried on ; (17) " Letter- press printing works," that is to say, any premises in which the process of lettcr-press printing is carried on ; (18) "Bookbinding works," that is to say any premises in wliich the process of bookbinding is carried on ; (19) "Flax scutch mills" ; (20) "Electrical stations," that is to say, any premises or that part of any premises in which electrical energy is generated or transfonned for the purpose of supply by way of trade or for the ligliting of any street, public place or public budding or of any hotel or of any railway, mine or other industrial undertaking (m). Part II.— Non-Textilk Factokies and Wokkshovs. (21) " Hat works," that is to say, any premises in wliicli the manu- facture of hats or any process incidental to their manufacture is carried on; (22) "Rope works," that is to say, any premises being a ropery, (m) A workhouse is a public building: Mile End OmmUamv. Iloarc (1903), 2 K. B. 483 ; 5 W. C. C. 100 (Div. Ct). CI -WORK AND LABOUR. rope walk or rope work in whioli is carried on tlie laying or twisting or other process of preparing or finishing the lines, twines, cords or ropes and in which machinery moved by steam, water or other mechanical power is not used for drawing or spinning the fibres of flax, hemp, jute or tow and which has no internal communication with any buildings or premises joining or forming part of a textile factory, except such com- munication as is necessary for the transmission of power; (23) "Bake- houses," that is to say, any places in which are baked bread, biscuits or confectionery from the baking or selling of which a profit is derived ; (24) " Lnce warehouses," that is to say, any premises, room or place not included in bleaching and dyeing works as hereinbefore defined in which persons are employed upon any manufacturing process or handicraft in relation to lace subsequent to the making of lace upon a lace machine moved by steam, water, or other mechanical power ; (25) " Shipbuilding yards," that is to say, any premises iu which any ships, boats or vessels used iu navigation are made, finished, or repaired (?t) ; (26) "Quarries," that is to say, any place, not being a mine, in which pereons work in getting slate, stone, coprolites or other minerals ; (27) "Pit-banks," that is to say, any place above ground adjacent to a shaft of a mine, iu which place the employment of women is not regulated by the Coal Mines Regulation Act, 1887 (o), or the Sletalliferous Mines Regulation Act, 1872 (p), whether such }ilace does or does not form part of the mine within the meaning of those Acts ; (28) " Dry-cleaning, carpet-beating, and bottle-washing works." DiJBferent branches or departments of work carried on in the same factor}- or workshop may, by order, be treated for some or all pm-poses as if they were different factories or workshops {q). Men's workshops are workshops conducted on the (n) A shipbuilding yard is a place where the business of making, repairing or finishing ships is carried on. One ship being repaired iu a dock does not make the dock a shipbuilding yard : Sjyenccr v. Livett, Frank and Son (1900), 1 Q. B. 498 ; 2 W. C. C. 112 (C. A.) ; and see Lord Macuaghten in Raine v. Jobson dfc Co. (1901), A. C. 404, 411 ; 3 W. C. C. 135 (H. L.). See also s. 7 (3) of the Workmen's Compensation Act, 1897 (60&61 Vict. c. 37), "Accidents to Workmen." (o) Post, p. 85. (-p) Post, p. 93. (q) S. 151. Orders have been made iu respect of premises where women are allowed to work overtime (Or. Mar. 27, 1897, No. 226) ; where there is carried on bookbinding, hat making, and, in the confectionery trade, bon-bon and Christmas present making {ib. No. 227) ; edged tools (Or. Jan. 19, 1899) ; warehouses iu works for bright or burnished goods. Or. Sep. 6, 1903. FACTOEIES AND WORKSHOPS. 65 system of not employing any woman, young person or child therein (?•). The exercise in a private house or private room by the family dwelling therein or by any of them of manual labour by way of trade or for purposes of gain in or incidental to straw plaiting, pillow-lace or glove making or to the making, altering, repairing, ornamenting, finish- ing or adapting for sale of an article, where the labour is exercised at irregular intervals and does not furnish the whole or principal means of living to the family, does not of itself constitute that house or room a workshop (s). "Domestic factory " and " domestic workshop " mean a private house, room or place which, though used as a dwelling, is by reason of the work carried on there a factory or a workshop, and in which neither steam, water nor other mechanical power is used in aid of the manu- facturing process can-ied on there and in which the only persons employed are members of the same family dwelling there (t) . " Tenement factory " means a factory where mechanical power is supplied to different parts («) of the same build- ing occupied by different persons for the purpose of any manufacturing process or handicraft in such manner that those parts constitute in law separate factories. All buildings situate within the close or curtilage of a tene- ment factory are treated as one building (x). " Tenement workshop " means any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a workshop if the persons Avorking therein were in the employment of the owner or occupier (x). (r) S. 157. («) S. 114. (0 S. 115. (w) See I'oUcr v. S/dcrs and Pond (1903), 1 Cli. 362 (Buckley, J.). {x) S, 149. W.L. 5 66 WORK AND LABOUR. Crowil. — The Act applies to factories and workshops helonging to the Crown (//). Sanitary Conveniences. — There must he provided separate sanitar}' conveniences for persons of each sex(~). Sanitation. — Every factory, other than a domestic factory, must he kept in a cleanly state and free from effluvia arising from any drain, water or earth closet, privy, urinal, or other nuisance. It must not he so overcrowded while work is carried on therein as to he dangerous or injurious to the health of the persons employed therein. It must he ventilated in such a manner as to render harm- less, so far as is practicahle, all the gases, vapours, dust or other impurities generated in the course of the manu- facturing process or handicraft carried on therein that may be injurious to health («), (6). Factories, with certain exceptions (c), must be periodi- cally limewashed and painted (a). («/) S. 150. (z) S. 9. See Or. Feb. i, 1903 ; Public Health Act, 1875 (38 & 39 Vict. c, 5o), s. 38 ; Public Health Acts Amendment Act, 1890 (53 & 54 Vict, c. 59), s. 22 ; Public Health (London) Act, 1891 (54 & 55 Vict. c. 76)^ s. 38. Sect. 9 does not apply to meu"s workshops, s. 157. (a) S. 1. This section does not apph' to men's workshops (s. 157), or to domestic factories, ss. 1, 111. The owner of a tenement factory (and not the occupier unless he is also the owner) is responsible for compliance with this section, s. 87. As to the powers of inspectors, see ss. 119, 121. {(>) As to nuisances and their abatement, see Public Health Act, 1875 (38 & 39 Vict. c. 55), ss. 10, 91 ; Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), s. 2 (1) (g), and s. 2 (2), which apply to the workshops- and workplaces dealt with in this Act, s. 2(1). (c) Blast furnaces ; iron mills ; copper mills ; stone, slate and marbl& works ; brick and tile works in which uuglazed bricks or tiles are made ; cement works ; chemical works ; gas works ; flax scutch mills in which neither children nor young persons are em])loyed ; sugar factories. The following parts of factories : — Rooms used for the storage of articles and not for the constant carrying on therein of any mauufactuiing process ; liarts in which dense steam is continuously evolved in the process of manu- facture ; parts in which pitch, tar or like material is used, except in brush works ; parts in which unpainted or unvarnished wood is manufactured ; the part of a glass factory known as the glass house ; parts in which there FACTOllIES AND WORKSHOPS. 67 Ever}^ workshop and workplace within the meaning of the Pubhc Health Act, 1875 (d), must be kept free from effluvia arising from any drain, water-closet, earth-closet, pri\\y, urinal or other nuisance (e). Bakehouses. — Bakehouses must be painted, varnished or lime washed (/). A water-closet, earth-closet, privy or ashpit must not be within or communicate directly with a bakehouse. Every cistern for supplying water to a bakehouse must be separate from one suppl^-ing water to a water-closet. A drain or pipe for carrying oJBT faecal or sewage matter must not have an opening within a bakehouse (g). A place on the same level with a bakehouse may not be used as a sleeping place unless there is a partition between it and the bakehouse and there is a window in the sleeping place of nine superficial feet (li). An underground bakehouse (i) may not be used as are no glazed windows in the walls or roof; walls or tops of rooms which are made of glazed bricks, tiles, glass, slate, marble or galvanised iron, on condition that they are washed with water and soap once at least within every foiu'teen months ; tops of rooms which are at least twenty feet from the floor ; tops of rooms in print works, bleach works or dye works, Tyith the exception of finishing rooms or warehouses or in grist mills or in works in which are carried on the processes of agricultural im[)lement making, coach making, engraving, manufacture of starch, soap, candles, salting, tanning or dressing of liides and skins, or in ship- building works, gun factories, engineering works, electric generating works, frame dressing rooms of lace factories, and foundries other than foundries in wliich brass casting is carried on, Or. Nov. 2, 1903. (d) 38 & 39 Vict. c. 55. That statute does not define "workplace." See Bennett v. Harding (1900), 2 Q. B. 397 (Div. Ct). (e) S. 2. (/) S. 99. For definition of bakehouses see ante, p. 64. (V/) S. 97. See ante, p. 64. As to the space of air to be allowed to every person working in a bakehouse, sec note (q), post, p. 69. (/i) S. 100. (i) " Underground bakehou.se " means a bakehouse any baking room of which is so situate that the surface of the floor is more than three feet below the surface of the footway of the adjoining street or of the ground adjoining or nearest to the room. " Baking room " means any room used for baking, or for any process incidental thereto, s. 101. 5—2 68 ^voI^K and labour. such unless it was so used on August 17, 1001 (k), nor, after the year 1903 without the certificate of the district council (/). Ventilation. — In every room sufficient means of ventilation must be provided and maintained (?«)• If grinding, glazing or polishing on a wheel or an}^ process is carried on by which dust or any gas, vapour or other impurity is generated and inhaled by the workers to an injurious extent the inspector may direct that a fan or other mechanical means be provided (n). Temperature. — Adequate measures must be taken for securing and maintaining a reasonable tempera- ture in each room in which an}' person is emplo3'ed but the measures so taken must not interfere with the purity of the air of any room iu which any person is employed (o). The temperature and humidity in cotton cloth and other humid factories is speciall}' regulated (j)). Overcrowding. — The number of cubic feet of space in anj' room must bear to the number of persons employed at one time in the room a proportion not less (/?•) Premises that had long previous! \' heen so used, but were on Aug. 17, 1901, vacant because the owner could not find a tenant, were held to be premises so used on that date : Schwerzerho/v. Wilkins (1898), 1 Q. B. 640 (Div. Ct.). (Z) S. 101. (/ii) S. 7. This does not apply to men's workshops (s. 157), or to a domestic factor}' or workshop, ss. 1, 111. In certain textile factories there must be at least 600 cubic feet of fresh aii- per hour for each person. Or. Feb. 4, 1902. (?i) S. 74. This section does not apply to men's workshops, s. 157. It is not necessary to prove that workers have actually sustained injury provided that the inhalation must in the long run be injurious : Hoare v. Ritchie (1901), 1 K. B. 434 (Div. Ct.). (o) S. 6. This section does not applj^ to men's workshops, s. 157. From 54 to 61 per cent, has been held to be a reasonable temperatui'e : Deanc v. Peter Eobinson, Ld. (1903), 67 J. P. 152 ; The Times, May 1 (Qr. Sess.). (i?) Ss. 90—96. See Or. Apr. 27, 1893 ; Or. Feb. 2, 1898 ; Or. Dec. 24, 1898. FACTORIES AND AVORKSHOPS. 69 than two hundred and fifty or, during any period of over- time four hundred, cubic feet of space to every person (q). Lavatories. — Where lead, arsenic or any other poisonous substance is used conveniences for washing must be provided (?•)• Floors. — Adequate means must be provided for draining off the wet on the floors (s). Wet-spinning. — Where wet-spinning is carried on means must be taken to prevent the workers being wetted (t). Home Work. — Lists («) of outworkers must be kept in such classes of work as are specified in a special order {x). No such work may be given out to be done in any place notified by the district council as injurious or dangerous to the health of those employed there (jj). Wearing apparel must not be made, cleaned or repaired where there is scarlet fever or small-pox (^). The district council maj' forbid wearing apparel and certain other work (a) being given out where there is infectious disease (h). (q) S. 3. In lieu of 250 feet, 400 feet is now substituteil in the case of workshops not being domestic workshops (Or. Jan. 17, 1902) and of bake- houses lit by artificial light other than electric light between 9 p.m. and 6 a.m. (Or. Dec. 30, 1903), and 500 feet in the case of underground bakehou.ses, ib. As to the i)Owers of inspectors generally, see ss. 119, 121. (r) S. 75. This does not ap])ly to men's workshops, s. 157. (s) S. 8. This section does not apply to men's workshops (s. 157), or to a domestic factoiy or workshop), s. 111. (<) S. 76. 00 See Or. Dec. 11, 1901. (.v;) S. 107. Orders have been made in respect of work on wearing apparel, lace, furniture, upholstery, electro-plate, liles, fur-pulling (Or. Dec. 11, 1901); cables, uliains, anchors, cart-gear, locks, latches and keys. Or. Jul. 14, 1902. iy) S. 108 ; Or. Dec. 11, 1001 ; Or Jul. 14, 1902. (3) S. 109. («) Wearing apparel, lace, upholstery and fur-pulling, Or. Dec. 11, 1901. ((>) S. 110. Infectious disease means any of Iho di.sea.ses si)ecilied or referred to in Infectious Diseases (Notitication) Act, 1889 (52^& 53 Vict, c. 72), 8. 6, iO. 70 WOllK AND LABOUR. Dangerous or Injurious Trades. — The Secretaiy of State may certify that any manufacture, machiner}', plant, process or description of manual labour is dangerous or injurious to health or dangerous to life or limb and may then make regulations to meet the necessity of the case ((•). Fencing. — In a factory, every hoist or teagle and every fly-wheel directl}' connected with the steam or water or other mechanical power, whether in the engine-house or not, and every part of any water-wheel or engine worked by any such jjower, must be securely fenced. Ever}-^ wheel-race not otherwise secured must be securely fenced close to the edge of the wheel-race. All dangerous parts of the machinery (d) and every part of the mill gearing must either be securel}' fenced or be in such (c) S. 79. Regulations have been made in respect of wliite lead, paints, colours, extraction of arsenic, enamelling iron plates (Or. Ma}- 9, 1892); lucifer matches unless made with red or ainor]>hous phosphorus (Or. Jun. 2, 1892) ; earthenware, explosives if di-nitro-beuzole be used, chemical works, quarries (Or. Dec. 24, 1892) ; red, orange or yellow lead, lead melting, tinning and enamelling of iron hollow-ware, electric accumulator works (Or. Jan. 2, 1894) ; flax mills, linen factories (Or. Jan. 3, 1894) ; brass niLxing and casting (Or. May 5, 1894) ; tinning and enamelling of metal hollow-ware and cooking utensils (Or. Jun. 19, 1894) ; yellow chromate of lead (Or. Apr. 9, 1895) ; mixing and casting of brass and of gun, bell, white or delta metal and of phosphor bronze and manilla mixture (Or. Jan. 1, 1896) ; sorting of wool, goat or camel hair (Or. Jul. 23, 1896) ; bottling aerated water (Or. Sep. 11, 1896); vulcanising india-rubber by means of bisulphide of carbon (Or. Dec. 1, 1896) ; sorting foreign and dry East India hides and skins (Or. Apr. 2, 1898) ; earthenware and china (Or. May 7, 1898) ; dusting of colours for transferiing in making earthenware and china (Or. Aug. 3, 1898) ; lead in glazing bricks (Or. Dec. 17, 1898) ; sorting, willeying, washing, combing and carding wool or goat or camel hair (Or. Xov. 28, 1899) ; any iutiammable solvent used for felt hats (Or. Aug. 12, 1902) ; file cutting by hand (Or. Jun. 19, 1903) "and electric accumulators, Or. Kov. 21, 1903. (cl) Machinery is dangerous if in the ordinarj- course of human affairs danger may be reasonably anticipated from the use of it without protection Hindu V. BirticiMe (1897), 1 Q. B. 192 (Div. Ct.), but see Beever v. Hansmi, Dale d.- Co. (1890), 25 L. J. N. C. 132 (Div. Ct.), where it was held to be no evidence of negligence to omit to fence cogAvheels over which a man at work at a machine had occasionally to step. FACTORIES AND WORKSHOPS. 71 positiou or of such construction as to be equally safe to every person employed or working in the factory as it would be if it were securely fenced. All fencing must be constantly maintained in an efficient state while the parts required to be fenced are in motion or use, except where they are under repair or under examination in connection with repair or are necessarily exposed for the purpose of cleaning or lubricating or for altering the gearing or arrangements of the parts of the machine (e). Steam Boilers. — Every steam boiler used for generating steam, except boilers of locomotives (/) belong- ing to and used b}' any railway company (g) and boilers belonging to or exclusively used in the service of His Majesty, must have attached to it a safety valve and a steam gauge and water gauge to show the pressure of steam and the height of water in the boiler; and be examined thoroughl}' by a competent person at least once in every fourteen months (/O- Self-acting Machines. — In a factory erected on or after January 1, 1896, the traversing carriage of any self-acting machine must not be allowed to run out within a distance of eighteen inches from any fixed structure not being part of the machine, if the space over which it runs out is a space over which any person (e) S. 10. Tlie owner of a tenement factory (not the occupier unless he is also the owner) is responsible for compliance with this section, s. 87. The following cases may be usefully consulted upon tliis section : — Coe V. Piatt (1852), 21 L. J. Ex. 146 (Ex. Ch.) ; S. C. 22 L. J. Ex. 164 (Banc) ; Doel v. Slieppard (1856), 25 L. J. Q. B. 124 (Banc) ; Holmes v. Clarice (1862), 31 L. J. Ex. 350 (Ex. Ch.) ; Brittonv. Great Western Cotton Co. (1872), 41 L. J. Ex. 99 (Banc) ; Rabjravc v. Lloyd (1895), 1 Q. B. 876 (Div. Ct.) ; Groves v. Lord Whiihorne (1898), 2 Q. B. 402 (C. A.). (/) See Marphy v. Wilson (1883), 52 L. J. Q. B. 524 (Div. Ct.). 0/) See Regulation of Railways Act, 1873 (36 k 37 Vict. c. 48), and Railway Employment (Prevention of Accidents) Act, 1900 (63 & 64 Vict, c. 27), s. 16 ; and Londim and India Docks Co. v. 0. E. Ilij. and Mid.Ily. (1902), 1 K. 15. 568 (C. A.). (h) S. 11. 72 WORK AND LABOUR. is liable to pass whether in the course of his employ- ment or otherwise, provided that any portion of the traversing carriage of any self-acting cotton or woollen spinning machine may run out within a distance of twelve inches from any part of the head stock of another self- acting cotton or woollen spinning machine. No person employed must be in the space between the fixed and the traversing parts of a self-acting machine, except in the space in front, unless the machine is stopped with the traversing part on the outward run (i). Tenement Factories. — The o^vner of a tenement factory whether or not he be one of the occupiers is responsible for the observance of certain provisions of the Act and, except in a textile factory, of the regulations as to grinding set out in the third Schedule to the Act (A). Fire. — Provision is made for the supply of means of escape in case of fire (l). Application of Fines. — If any person is killed or dies or suffers any bodily injury or injury to health in consequence of neglect to observe any j^rovision of this Act, the occupier is (with certain provisoes) liable to a fine not exceeding one hundred pounds (/«), the whole or any part of which may be applied for the benefit of the injured person or his family or otherwise as the Secretary of State may determine (n). Children. — Children under 12 years of age must not be employed at all (o) . (0 S. 12. An employer is not liable if the machine be accidentally started : Crabtree v. Fern Sjnnning Co. (1901), 85 L. T. 549 (Div. Ct.). (A:) Ss. 87, 88. See further, Or. Mar. 25, 1897. {I) Ss. 14—16. (m) Contributory negligence is no answer to a charge of neglecting a provision of the Act : BUnkinsop v. Ogden (1898), 1 Q. B. 783 (Div. Ct.). (n) S. 136. This section is applied to docks, &c. and to warehouses and to certain machinery, plant and railway lines and sidings, ss. 104 — 106. As to notice of accidents, see ss. 19 e^ seq. (o) S. 62. On the employment of children generally, see Cap. xiii. (\'i.), post, p. 245 ; and as to their education, see ss. 68 — 72, and Elementary FACTORIES AND WORKSHOPS. 73 Child-birth.— A woman or girl must not knowingly be employed within four weeks after she has given birth to a child {})). Certificate of Fitness.— A person under 16 years of age working in a factory must have a certificate of fitness from the certifying surgeon (q). Sunday. — No woman, young person or child may, unless specially excepted, be employed on Sunday (r). Where the occupier is a Jew and does not avail him- self of the provisions of sect. 47 of the Act (s), a Jewish woman or young person may be employed on Sunday, provided that the premises be closed on Saturday and not open for traffic on Sunday (t). Injurious Occupations.— A child must not be employed where there is carried on dry grinding in the metal trade or the dipping of lucifer matches (»). A girl under the age of 16 years must not be employed where there is carried on the making or finishing of bricks (x) or tiles, not being ornamental tiles, or of salt {it). A young person or child must not be employed where there is carried on silvering of mirrors by mercurial process, or making white lead (»)• Education Act, 1870 (33 & 34 Vict. c. 75) ; ib., 1876 (39 & 40 Vict. c. 79) ; ib., 1880 (43 & 44 Vict. c. 23) ; ib., 1900 (63 & 64 Vict. c. 53) ; Elementary Education (School Attendance) Act, 1893 (56 & 57 Vict. c. 51) ; and Ruegg and Mossoj) on Factories and Workshops. (P) S. 61. Iq) S. 63. This section applies to a domestic factory as if it were a workshop and not a fectory, s. 111. As to tenement factories, see s. 89. (r) S. 34. Under s. 42 an order has heen made allowing women and young persons on certain conditions to work ou Sunday in creameries ; Or. Oct. 23, 1903. See posf, p. 74, note (c). (.<() See post, p. 75, note (e). (0 S. 48. Premises open for the sole purpose of work heing brought to or sent out from them are not open for tiaflic : Goldsleiii v. Faughan (1897), 1 Q. B. 549 (Div. Ct.). (u) S. 77. (x) Squire V. Stanley (1901), 84 L. T. 535 (Div. Ct.), is an instance of the finishing of bricks. 74 AYORK AND LAIJOUR. A female young person, or child must not be employed in the part of a factory in which melting or annealing glass is cnvried on (//). Machinery. — A child must not be allowed (z) to clean any part of any machinery in a factory or any place under it, other tlian overhead mill gearing, while any part of it (a) is in motion by the aid of steam, water or other mechanical power {b). A young person must not clean any dangerous part of the machinery in a factory while any part of it (a) is in motion by the aid of steam, water or other mechanical power. Such parts as are so notified by an inspector are presumed to be dangerous, unless the contrary is proved (&). A woman or young person must not clean mill gearing while any part of it (a) is in motion {h). Textile Factory — "Women and Young Persons. — For women and young persons in a textile factory the period of employment begins at 6 or 7 o'clock a.m. and ends at those hours p.m. respectively. On Saturday, however, if it begins at 6 o'clock, it ends at noon (or in a manufacturing process at 11.30 o'clock), unless at least one hour is allowed for meals when it may end at 12.30 (or in a manufacturing process at noon) ; and if it begins at 7 o'clock, it ends at 1 o'clock (or in a manufacturing process at 12.30) (e). Not less than two hours (of which one hour at the same or at different times must be before 3 o'clock) or (y) S. 77. (2) See Crabtree v. Fern Spinniwj Co. (1901), 85 L. T. 549 (Div. Ct.). (a) Pcarsmi v. Belgian Mills Co. (1896), 1 Q. B. 244 (Div. Ct.). (5) S. 13. (c) S. 24. By s. 37 the period of employment for male young persons over 16 years of age in lace factories may, on certain conditions, be between 4 a.m. and 10 p.m. By s. 42, eni])loynient in creameries (places where butter is manufactured on a large scale from milk supplied by a number of producers : Murray's Diet.) is subject to Or. Oct. 23, 1903. FACTORIES AND WORKSHOPS. 76 on Saturday not less than half an lionr must be allowed for meals {d). Half an hour for a meal must be allowed immediately after ever}' four-and-a-half hours' emplo^yment (<:/)• "Where the occupier is a Jew and closes on Saturday until sunset, he may employ women and young persons until 9 p.m. If he closes all day on Saturday, he ma}' employ them one extra hour on every other day (except Sunday) at the beginning or end of the period of employment but not before 6 a.m. or after 9 p.m. (e). Non-textile Factory— Workshop— Women and Young Persons. — For women and young persons in a non-textile factory or in a workshop the period of employ- ment begins at 6 or 7 or 8 o'clock a.m. and ends at those hours p.m. respectively. On Saturday, however, it ends at 2, 3 or 4 o'clock respectively (/). (d) S. 24. By s. 39 employment may, between Nov, 1 and Mar. 31, on certain conditions, be continuous for five hours in the manufacture of elastic web, ribbon and trimming. This is extended to the manufacture of woollen goods in certain counties and to factories where the solo process is winding and throwing raw silk (Or. Dec. 20, 18 82), and to liosiery factories, Or. May 12, 1902, (e) S. 47. This applies to every factory and workshop, ib. {/) S. 26. By s. 36 the jieriod of employment for women and young persons may, except on Saturday, begin at 9 a.m. and end at 9 p.m. if a child's period in a morning set begins at 9 a.m. and in an afternoon set ends at 8 o'clock in workshops for curing fish (Or. Dec. 20, 1882), in metropolitan book-binding factories between Sep. 1 and Mar. 1 (Or. Jan. 12, 1884), in retail drapery establishments in Manchester and Salford (Or. Apr. 15, 1884) and in straw hat and bonnet works, Or. Apr, 27, 1887, By 8, 38 the jieriod of employment in bakehouses for male young persons above the age of 16 years may, on certain conditions, bo between 6 a.m, and 9 p.m. By s, 41 the provisions as to the period of emjiloyment are varied in the case of preserving or curing fish or cleaning or preparing fruit when necessary. As to fruit, see further. Or. .Tun. 17, 1902. Under s.42 an order has been made varying tlie period of employment and the meal times in creameries. Or. Oct. 23, 1903. See«;f/t', p. 74, note(c). By s. 43 some other day may by order Im substituted for Saturday, By 8. 44, in the process of Turkey-red dyeing, the period of employment for women and young jiersons on Saturday may extend to 4.30 o'clock but so as not to exceed the week's limit. 76 WORK AND LABOUR. Not less than one liour and a half (of which one hour at tlie same or different times must be before 3 o'clock) By s. 49 tlic period of eniployniciit for women, except on Saturdays, on thirty days in the year, may under certain conditions be from 6 a.m. to S p.m. or 7 a.m. to 9 p.m. or 8 p.m. to 10 p.m. in the non-textile factories and work!^hops and warehouses specified in tlie 2nd Sidiedule to the Act or named by the Secretary of State. Tlie 2nd Schedule includes flax scutch mills, the making of bricks or tiles not being orna- mental tiles, open-air rope works, open-air bleaching or Turkey-red dyeing works, glue making, letter-press printing works, bookbinding works, lithographic printing, machine ruling, iirewood cutting, the making of bon-bons, Christmas presents, almanacs, valentines, envelopes, aerated waters, jdaying cards, wearing apparel, furniture hangings, artificial flowers, fancy boxes, biscuits, job dyeing, and a warehouse not used for any manufacturing process or handicraft and in which persons are solely employed in polishing, cleaning, wrapping or packing up goods. A warehouse which is so used during the ordinary hours of employment but is not so used during overtime is within the above : Smith v. Sihray, Hall iL Co. (1903), 2 K. B. 707 (Div. Ct.). Burnishing plate is a manu- facturing process (ib.). These ])remises have been extended to the making of cardboard and millboard, postage stamps, stamped post cards, stamped envelopes, Christmas and New Year cards, cosaques, meat pies, mincemeat, Christmas puddings, boxes for aerated water bottles, fireworks, butter and cheese, to the colouring and enamelling of paper other than wall-papers, the stamping in relief on paper and envelopes, the bottling of beer, the washing of bottles for use in the preserving of fruit, the calendering, finishing, hooking, lapping or making up and packing of any yarn or cloth (except in Lancashire and Cheshire, unless such processes are the only processes carried on in tlie factory), the warping, winding or filling of yarn without the aid of mechanical power as incidental to the weaving of ribbons, Or. Dec. 29, 1903. By K. 50 the period of employment for women may, on certain conditions, for fifty days in the year, exce]it on Saturdays, be between 6 a.m. and 8 p.m. or 7 a.m. and 9 p.m. in the process of making preserves from fruit or of preserving or curing of fish or of making condensed milk. These processes are extended to include those of preparing cream and making butter and cheese, Or. Aug. 18, 1893. By s. 51 an extra half-hour is allowed, but so that the week's total be not exceeded, when at the end of a period of employment the work ia incomplete in bleaching and dyeing or print works or in iron mills* foundries or paper mills in which male young persons are not employed at night or in^places certified by the Secretary of State. Certificates have been made in respect of the baking of bread or biscuits and, in Cornwall, dressing floors, tin streams, china clay pits and quarries, Or. Dec. 20, 1882. An employer was held not to be guilty where, without his FACTOKIES AND WORKSHOPS. 77 or on Saturday not less than half an hour must be allowed for meals (^f). Half an hour for a meal must be allowed immediately after every five hours' employment (■) S. 7. (s) Sec ante, p. 86. (t) S. 8. {u) S. 11. Coniparo the provisions of the Payment of "Wages in Public- houses Prohibition Act, 1883 {ante, pp. 47, 48), and of the Jletalliferous Mines Ref,'ulation Act, 1872, jwst, p. 95. (o;) This docs not inchido payment by yardage of excavation ; Humble v. Uumphreijs (1902), A. C. 207 {P. C). (?/) S- 12. (j) Ketherseal Colliery v. Boimie (1889), 14 A. C. 223 (II. L.) ; Brace V. Abercarn Colliery (1891), 2 Q. U. 699 (C. A.). 88 WORK AND LABOUR. It is illegal to select at random some one tub and, if it contain more than a certain quantity of dirt, disallow payment for the coal contained in it (a). An agreement whereb}- no payment was made in respect of anything in any one hutch over 10 cwt. was held to be valid as an agi-eement for deductions in respect of hutches improperly filled {h). Check-weigher. — The men may at their own expense (c) appoint from among the persons employed in any mine belonging to the owner (cZ) a check-weigher to take the weight of the mineral gotten and the amount of the deductions (e). The owner must afford him every facility for fulfilling his duties (e), and must not interfere ■with his appointment (/). School Fees. — A weekly sum not exceeding 2d. per week or one-twelfth of the wages of a boy or girl may, upon the written request of the principal teacher of a public elementary school, be deducted and paid for school fees (j). Butty System. — The butty system prevailing in Staffordshire is a contract between two or more working colliers to get coal either with their own hands or by those employed by them at a remuneration fixed either by the yard or ton or, sometimes, by the da}' (/<). (a) Kearney v. Whitehavm Colliery (1893), 1 Q. B. 700 (C. A.). (h) Atkinson v. Hastie (1894), 21 R. (J. C.) 62 (Ct. Just.) ; Eonaldson V. Mowat (1894), 21 E. (J. C.) 55 (Ct. Just.). (e) See s. 14. (fO See Hopkinson v. Caunt (1886), 14 Q. B. D. 592 (Div. Ct.). The appointnieut does not hold good on resumption of work after all the miners have been dismissed : Whitehead v. Uoldsworth (1878), 4 Ex. D. 13 (Banc) ; Merryton Coal Co. v. Anderson (1890), 18 R. 203 (Ct. Sess.). (e) S. 13. (/) Coal Mines (Check Weigher) Act, 1894 (57 & 58 Yict. c. 52). (3) S. 10. (li) MacSwinney on Mines, 2nd ed., at p. 590 ; Bowers v. Lovekin (1856), 6 E. & B. 584 (Banc) ; Slecman v. Barrett (1864), 2 H. & C. 934 (Banc) ; Bannister v. Bannister (1841), 9 C. & P. 743 (Gurney, B.). COAL MINES. 89 Supervision. — Provision is made for the appointment of certified managers and for daily supervision by managers or imder-managers (i) . General Rules. The following general rules must be observed so far as is reasonably practicable (A). The expression "reasonably practicable" relates to physical, not to monetar}', difficulties, and also to those rules only that are affirmative (Z). Every person who contravenes any of these rules is guilt}' of an offence against the Act(??i). Er. 1 — 3. Ventilation. — An adequate amount of ventilation must be constantly produced and the roads be kept in a fit state. R. 4. Inspection. — Every part of the mine must be inspected before and during each shift with reference to the presence of gas, to ventilation, roof and sides, and general safety (n). R. 5. Machinery. — The external parts of the machinery and the tackle must be examined every day, and the shafts once a week (o). R. 6. Fencing. — Every entrance to places not in use must be fenced right across (j;). (t) Ss. 20 et seq. The qualifications for obtaining certificates are extended by the Coal Mines Regulation Act (1887) Amendment Act, 1903 (3 Edw. VII. c. 7). Such a manager is a fellow-workman with the miners : Howells v.Landorc Siemens Steel Co. (1874), L. R. 10 Q. B. 62 (Banc). An owner is responsible if he lies by and acquiesces in the want of supervision by the manager : Uvaiis v. Small (1886), 2 T. L. R. 139 (Div. Ct.). (^■) S. 49, which contains the rules. (0 Jf^ales V. Thomas (1885), 16 Q. B. D. 340 (Div. Ct.). See Hall v. Hoinvood (1879), 41 L. T. 797 (Div. Ct.). (m) S. 50. See Frcchevillc v. Sov.den (1883), 48 L. T. 612 (Div. Ct.) ; Stokes V. Mitchcson (1902), 1 K. B. 857 (Div. Ct.). (n) See C. II. R. A. 96, s. 5. (()) As to the report to be made, see Scott v. lioidd (1895), 1 Q. B. 9 (Div. Ct.). (;0 See Simpson v. Moore (1874), 3 Couj). 26 (Ct. Just.). 90 WORK AND LABOUR. R. 7. Danger. — If it be found that any part of the mine be dangerous the men must be withdrawn. Rr. 8 — 11. Lamps. — Locked safety lamps supplied by the owner must be used where there is a likelihood of an accumulation of inflammable gas. They must not be unlocked except at the lamp station or for fii-ing a shot, and no portion of them may be removed while in ordinary use (g). No one is allowed to cany matches or anything for striking a light, except within a closed chamber attached to the fuse of the shot. E. 12. Explosives. — The use of explosives is minutely regulated by this rule (/•)• R. 13. Water. — This rule provides for the event of a dangerous accumulation of water. R. 14. Travelling Planes. — Every undergi-ound plane on which persons travel which is self-acting or worked by an engine, windlass or gin must be provided (if exceeding thirty yards in length) with some proper means of com- municating distinct and definite signals between the stopping places and the ends of the plane and shall be provided in every case with sufficient manholes for jjlaces of refuge (s) at intervals of not more than twent)' yards or, if there is not room for a person to stand between the side of a tub and the side of the plane (unless the tubs are moved by an endless chain or rope), at intervals of not more than ten yards. R. 15. Travelling Roads. — Every road on which persons travel underground where the load is drawn by a horse or other animal must be provided at intervals of not more than fifty yards with places of refuge (s) at least three feet in width. iq) See C. M. R. A. 96, s. 5. (>•) lb. s. 6 ; Or. Dec. 20, 1902 ; Or. Apr. 24, 1903 ; Or. Sep. 5, 1903 ; Or. Dec. 10, 1903, and note thereto. (s) See JVilson v. Wishmo Coal Co. (1883), 10 R. 1021 (Ct. Sess.) ; Hughes v. Clyde Coal Co. (1891), 19 R. 343 (Ct. Sess.). COAL MINES. 91 R. 16. Manholes. — Nothing ma}' be placed in a manhole or place of refuge. Rr. 18, 19. Fencing. — The tops of shafts out of use, and the top entrances of working, ventilating or pumping shafts must be fenced (t). Rr. 20 — 22. Casing. — The roof and sides of every travelling road and working place and where the natural strata are not safe every working or pumping shaft must be cased, lined or otherwise made secure (u). Timber must be provided by the owner. R. 23. Shafts. — There is an option to use either a downcast or a furnace shaft. Rr. 24 — 30. Lifts. — Machinery for lowering or raising people must be provided with a break (x) and indicator, and be in the hands of a competent man of twenty-two years of age during the whole time any one is below (?/), and if a working shaft (^) be more than fifty yards deep, there must be means of communicating signals. R. 31. Machinery. — Every flywheel and all exposed and dangerous parts of the machinery must be kept securely fenced. R. 32. Boilers. — Steam boilers must have a safety valve and a steam and water gauge. R. 33. Barometers. — These, as also thermometers, must be placed above ground. R. 34. Stretchers. — These, as well as splints and bandages, must be ready for use. (0 Where practicable, ami unless exempted (s. 18), there must bo at least two shafts, or outlets, not nearer to one another tlian fifteen yards, and communicatinj{ with one another and witli every seam for the time being at work, as means of ingress and egress, s. 16. See Sinncrtori v. Merry (1886), 13 R. 1012 (Ct. Sess.) ; Buchanan v. Bowman (1890), 18 R. 206 (Ct. Sess.). (it) Sec Gibbon v. Phillips (1894), 64 L. J. M. C. 42 (Div. Ct.). (x) See Ni7nmo v. Clark (1872), 10 M. 477 (Ct. Sess.). (y) See E. v. Hamlley (1864), 9 L. T. 827 (Banc). (z) For the meaning of tliis expression, see Foster v. i\'. Hcndre Mining Co. (1891). 1 Q. B. 71 (Div. Ct.). 92 WORK AND LABOUR. R. 35. Damage. — Xo person shall wilfully damage or without proper authority remove or render useless any fence, fencing, manhole, place of refuge, casing, lining, guide, means of signalling, signal, cover, chain, flange, horn, break, indicator, steam gauge, water gauge, safety valve, or other appliance or thing. R. 36. Compliance. — Every person must observe any directions given as to working in a mine. E. 37. Books. — The owner must supply necessary books. E. 38. Inspection. — The persons employed may, at theu' own cost, from time to time appoint two practical working miners to inspect the mine, who shall be allowed once at least in every month to go to every part of the mine. E. 39. Experience. — Xo one may work alone as a coal or iron-stone getter in the face of the workings until he has had two j-ears' experience of such work under the supenasion of skilled workmen. Special Rules. — In every mine there must be estab- lished special rules for the prevention of accidents (a). Notice of Accidents. — AVhere loss of life or personal injury occurs, notice must be sent to the inspector of the district {h). Application of Fines. — Where a fine is imposed under this Act for neglecting to send a notice of any explosion or accident, or for any offence against this Act which has occasioned loss of life or personal injury, a Secretary of State may (if he thinks fit) direct such fine to be paid to or distributed among the persons injured and the relatives of any persons whose death may have been occasioned by the explosion, accident or offence or (a) See ss. 51—56 ; C. M. R. A. 96, s. 1. Men who, though they have validly discharged themselves, are ascending the shaft are still subject to the rules : Higham v. JFright (1877), 2 C. P. D. 397 (Banc). {h) S. 35. COAL MINES. 93 among some of them, provided that such persons did not in his opinion occasion or contribute to occasion the explosion or accident and did not commit and were not parties to committing the offence. The fact of the pay- ment or distribution is not in any way to affect, or be receivable as evidence in, any legal proceeding relative to or consequential on the explosion, accident or offence (c). Customs. — There are special customs, privileges and rights affecting mines in the Hundred of St. Briavels, in Gloucestershire {d). PART II. Metalliferous Mines. Metalliferous Mines Regulation Act, 1872 (. It appears to be doubtfnl whether the Act applies to a mine belonging to the IJuchy of Lancaster : Arkwrujht v. Evans (1880), 49 L. J. M. C. 82 (I)iv. Ct.). {g) S. 41. If the place is not a mine, it may be a quarry. Sco yost, p. 98. 94 WORK AND LABOUR. If any question arises (otherwise than in legal pro- ceedings) as to whether a mine is a mine to which the Act applies, it must be referred to the Secretary of State, whose decision will be final (/i). Underground workings by means of levels for getting slate are within the Act (i). The expression "minerals" has been held to include freestone (A-), slate (1), granite (m), limestone (n), and co^n'olites (o). Clay is a mineral and, if it is not shale or fireclay and is got from a place that is a mine, it would be a mineral within the meaning of the Act ( j)). Below Ground. — No boy under 13 (q) or any girl or woman may be employed below ground (r). A boy under 16 may not be employed below ground for more than fifty-four hours in a week commencing mid- night on Saturday or more than ten hours in any one day. There must be allowed an interval of eight hours between the employment from surface to surface on Friday and on Saturday and in other cases of twelve hours between each emploj'ment, except in the case of those who do not return to their ordinary place of residence during the intervals of labour and who are not employed during more than forty hours in any week commencing (h) S. 39. Coal Mines Regulation Act, 1887 (50 & 51 Vict. c. 68), 8. 71. (i) Sima v. Evans (1875), 41 L. T. 576 (n.). {k) Belly. Wilson (1866), 35 L. J. Cli. 337 (Ch. Ap.). (I) Cleveland v. Meyrick (1867), 37 L. J. Ch. 125 (Malins, V.-C). (wi) Att.-Gen. v. Welsh Granite Co. (1887), 35 W. R. 617 (C. A.). (?i) Fishbonrnev. Hamilton (1890), 25 L. R. Ir. 483 (Chatterton, V.-C.) ; Mid. Rij. V. Rohinson (1889), 15 A. C. 19 (H. L.). (o) Att.-Gen. v. Tvmline (\?,n\ 5 C. D. 750 (Fry, J.). (;0 Scott V. Mid. Ry. and G. N. Ry. (1901), 1 K. B. 317 ; 70 L. J. K. B. 228 (Div. Ct.). See Mid. Ry. v. Haunchioood Co. (1882), 20 C. D. 552 (Kay, J.) ; Att.-Gen. for Isle of Man v. Mylchreest (1879), 4 A. C. 294, 305 (P. C.) ; Todd v. N. E. Ry. (1903), 1 K. B. 603 (C. A.). {cf) Mines (Prohibition of Child Labour Underground) Act, 1900 (63 k 64 Vict. c. 21). (r) S. 4. METALLIFEEOUS MINES. 95 midnight on Saturcla}', when an interval of eight hours must be allowed between each employment (s). Register. — A register must be kept in which must be entered particulars of the women and children emplo^'ed (0. Windlass. — No person ma}^ have charge of an engine, windlass or gin for taking persons up or down or of anything connected with it unless he is a male of 18 years of age. If it be worked b}^ an animal the driver must be 12 years old (m). Payment of "Wages. — No wages may be paid to any person employed in or about any mine to which the Act applies at or within any public-house, beershop or place for the sale of anj^ spirits, wine, beer, cider or other spirituous or fermented liquor or other house of enter- tainment or any office, garden or place belonging or contiguous thereto or occupied therewith (r). Notice of Accidents. — Notice of accidents, if causing personal injury through explosion or serious injury through any other cause, must be sent to the inspector within twenty-four hours (x). General Rules. The following general rules must be observed as far as may be reasonably practicable. Any person who contravenes anj' of these rules is guilty of an offence against the Act (?/). (s) S. 5. (0 S. 6. See Metalliferous Mines Regulation Act, 1875 (38 & 39 Vict. c. 39). (m) S. 7. As to knowleilgo of a breach of tliis provision, see Jt. v. Eandley (1864), 9 L. T. 827 (Banc). (v) S. 0. Tills af)]ilies to (juarries, post, p. 98. Compare the provisions of the Payment of \Vaj,'es in Public-houses Prohibition Act, 1883 (ante, pp. 47, 48), and the C. M. 11. A. 1887, ante, p. 87. (a-) S. 11. Tliis applies to quarries, jmst, p. 98. (y) S. 23, whicli section contains the rules. The e.\pression "reason- ably practicable " relates to physical diniculties, not to monetary, and also to those rules only that are aflirmative : IValesv. Thomas (1885), 16 Q. B. D. 340 (Div. Ct). See Hall v. Uopwood (1879), 41 L. T. 797 (Uiv. Ct). 96 AVORK AND LABOUR. R. 1. Ventilation. — An adequate amount of ventila- tion must be constantly produced and the travelling roads must be kept in a fit state (z). m. 2. Explosives. — Regulations arc made as to the use of explosives. The}' must not be taken into a mine, except in a case (a) or canister containing not more than four pounds (/>). Rr. 3 — 5. Manholes. — Every underground plane on which persons travel which is self-acting or worked by an engine, windlass or gin, must be provided (if exceeding thirty yards in length) with some proper means of signalling between the stopping places and the ends of the plane and shall be provided in ever}' case at intervals of not more than twenty yards with sufficient manholes for places of refuge (c). Every road on which persons travel underground where the produce of the mine in transit exceeds ten tons in any one hour over any pai't thereof and where the load is drawn b}^ a horse or other animal must be provided at intervals of not more than 100 yards with places of refuge at least three feet in width and nothing may be placed therein. Rr. 6, 7. Fencing. — The top of every shaft which is out of use {(l), and the top and entrances of every working or pumping shaft, must be properly fenced (e). (z) This rule must be observed even wlien the work of the mine is suspended from Saturday to Monday : Knowles v. Dickiiison (1860), 29 L. J. M. C. 135 (Banc). See Broiujh v. Homfray (1868), L. R. 3 Q. B. 771 (Banc) ; Roherts v. Atkinson (1890), 18 R. (J. C.) 8 (Ct. Just.). (rt) Something solid and substantial, not a calico bag : Foster v. Diphivys d:c. Co. (1887), 18 Q. B. D. 428 (Div. Ct.). (i) The Secretary of State may exempt and in some cases has exempted a slate mine from this rule ; Slate Mines (Gunpowder) Act, 1882 (45 & 46 Vict. c. 3). (c) Compare Rr. 14 and 15 of tlie Coal Mine Rules, a^ite, p. 90. See IFilson V. Wishaiu Coal Co. (1883), 10 R. 1021 (Ct. Sess.) ; Eughes v. Clyde Coal Co. (1891), 19 R. 343 (Ct. Sess.). (fO See also s. 13 ; Knuclcey v. IledriUh Eural Council (1904), 1 K. B. 382 (Div. Ct.). (c) See Sinnerton v. Merry (1886), 13 R. 1012 (Ct. Sess.) ; Buchanan V. Bowman (1890), 18 R. 206 (Ct. Sess.). METALLIFEROUS MINES. 97 E. 8. Casing. — Where the natural strata are not safe, every working or pumping shaft must be securely cased, lined or otherwise made secure. R. 9. Shafts. — One portion of a shaft used for persons ascending or descending by ladders or a man -engine must be fenced oflf from another portion used for minerals. E. 10. Signalling. — Every working shaft for per- sons must, if exceeding fifty yards in depth and not exempted, be provided with means of communicating signals. R. 11. Covers. — Working shafts, with certain excep- tions, must have overhead covers. Er. 12 — 14. Lifts. — A single linked chain must not be used for lowering or raising persons. Means must be taken to prevent the rope from slipping, and there must be a break and indicator. E. 15. Ladders. — A ladder which is permanently used by persons must not be fixed in a vertical or overhanging position and must have platforms every twenty 3'ards. E. 16. Dressing Rooms. — If more than twelve persons are ordinarily employed below, dressing room accommodation must be provided above ground. E. 17. Machinery. — Every flywheel and all exposed and dangerous parts of the machiuer}' must be kept securely fenced. E. 18. Boilers. — Every steam boiler must have a proper steam ^^auge, water gauge and safet}' valve. E. 19. Damage. — No person shall wilfully damage or without proper authority remove or render useless finy fencing, casing, lining, guide, means of signalling, signal, cover, chain, flange, horn, break, indicator, ladder, platform, steam gauge, water gauge, safety valve or other ^ipjdiance or thing. Special Rules. — Special rules may bo and in many mines have been framed with tlie approval of the Secretary w.L. 7 98 WORK AND LABOUR. of State for the conduct, guidance, and discipline of persons in or about the mine (/). Customs. — There are special customs, privileges and rights aft'ecting some of the mines in Derbyshire (^). PART III. Quarries. Quarnes Act, 1894. (57 k 58 Vict. c. 42.) This Act applies to every place, not being a mine, in which persons work in getting slate, stone, coprolites, or other minerals, any part of which is more than twenty feet deep {h). Sect. 9 (relating to payment of wages in public- houses) (0, sect. 11 (relating to notice of accidents) (/c), and sects. 24 — 30 (special rules) (/) of the Metalliferous Mines Regulation Act, 1872, apply to these quarries (m). These quarries, of whatever depth, are either non-textile factories or workshops within the meaning of the Factory and Workshop Act, 1901 (»), though, if an}' part of them be more than 20 feet deep, the provisions of that Act (/) Ss. 24 — 30. These sections apply to quarries, inf. Miners who had validly discharged themselves and were ascending the shaft were held to be still subject to the special rules : Higham v. B^riglit (1877), 2 C. P. D. 397 (Banc). (^) See MacSwinney on Mines (2nd ed.), p. 570. Qi) Quanies Act, 1894, s. 1. See M. M. R. A. 72, ss. 3, 41, ante,. p. 93. Gravel and sand are minerals : Scott v. Mid. Ry. and G. N. Ry. (1901), 1 K, B. 317 ; 70 L. J. K. B. 228 (Div. Ct.). A place where furnace slag is deposited is not a quarry : Scott v. Mid. Ry. (1897), 13 T. L. R. 398 (Div. Ct.). (i) Ante, p. 95. (Jc) Ante, p. 95. (T) Sup. (m) Quarries Act, 1894, s. 2. (n) 1 Edw. VII. c. 22, ante, p. 64. QUARRIES. 99 relating to notice of and inquiry into the cause of acci- dents (o), do not apply and young jjersons within the meaning of that Act may be employed at night in three shifts of not more than eight hours each (p). PART IV. Stannaries. Stannaries Act, 1887 (q). (50 & 51 Vict. c. 43.) Application of Act. — The Act extends to all metal- liferous mines and tin streaming works within the stannaries of Cornwall and Devon (?•). The custom of tin hounding is peculiar to the counties of Cornwall and Devon (s). Definition. — The expression "miners" includes all artisans, labourers, and other persons working in or about a mine except the purser, secretary, agent or manager (t). Payment of Wages. — All wages and subsist (w) are to be paid at the account house in current coins of the realm, so as shall enable an immediate division to be made (x). Surface Miners. — A company may retain in its hands from the wages earned by any miner working at surface seven days' wages and no more. Subject to (o) lb., ss. 19 ct seq. (/j) Quarries Act, 1894, s. 3, (g) III this Part referred to by only citing the sections of it. (r) Ss. 2, 3. (s) See Ency. of the Laws of England, '• Mines" ; and MacSwinney on Mines. (0 S. 2. (m) Subsist is a payment on account equal to the amount that the agent estimates a miner has earned during the fourteen da.ys for which payment is due, s. 11. (a;) S. 12. 7—2 100 -WORK AND LABOUR. this, all surface miners must be paid once a fortnight and the amount retained be paid within seven days of the tennination of the employment (y). Underground Miners. — Wages due to miners employed by contract under ground are payable within fourteen days from the expiration of the contract. At the end of t\Yent3'-eight days from the commencement of the contract and also at the end of every subsequent fourteen days every miner is entitled to subsist (z) (y). Preference. — Three months' wages are the subject- matter of a first charge that takes priority over all other claims (a). Should a sheriff levy against a company he must enlarge the seizure to the extent of and sell for and pay to the purser before satisfj'ing the execution the amount of wages appearing in the books of the company (b). Check-weigher. — The men may appoint and pay a check-weigher, who may be present when the mineral is sampled (c). Notice to Cluit. — Where a miner contracts to work a tin stream at a fixed rate of tribute on the terms of providing and fitting up at his own expense the necessary plant and machinery, he is in anj' case entitled to not less than one month's notice to quit and to all such machinery' and plant and to all tin stufi", dressed ore or leavings that may be in and about his works at the date of his leaving and a reasonable time must be allowed to him to remove the same (d). 0/) s. 11. (2) Subsist is a pajTnent on account equal to the amount that the agent estimates he has earned during the fourteen days for which payment is due, s. 11. (a) S. 4, preserved by Preferential Payments in Bankruptcy Act, 1888 (51 & 52 Vict. c. 62), s. 2 (2). (6) S. 6. (c) S. 15. (tO S. 17. STANNARIES. 101 Tools. — Tools, implements and materials supplied must be at market prices (e). Claims on Leaving. — If a miner on leaving a mine leaves a memorandum of the wages he claims to be owing to him and his own or another's name and address, the name and address and the claim must be entered in the books, as also must be the amount of wages due or claimed in the event of notification of the death of a miner (/). Stannaries Court. — The jurisdiction of the Stannaries Court is now transferred to the County Court (g). Disputes. — Disputes may be determined by a Court of summary jurisdiction but not, without consent, where the claim exceeds 25/. (h). (e) S. 16. (/) S. 5. O) Stannaries Court (Abolition) Act, 1896 (59 & 60 Vict. c. 45). Qh) S. 18. CHAPTER VII. SEAMEN: PILOTS. PART I. Seamen. Merchant Shipping Act, 1894 (a). (57 & 58 Vict. c. 60.) The Merchant Shipping Act, 1894, contains the statute law affecting all seamen other than those in His Majesty's navy. Sailors have always been drawn from the ignorant and helpless, and until philanthropy brought pressure to bear upon the State their lot was a hard one. The day when rotten ships were sent to sea in the hope that they would be lost and the insurance money recovered, when the food and water was bad and unwhole- some, when there were no medicines or anti-scorbutics is now long past and everything in reason is done for the health and safetj^ and proper treatment of the men. Ships that are for anj' reason unseaworthy or are over- loaded may be detained. Life-saving appliances must be provided and the officers be certificated. There must be adequate sleeping and living accommodation. Should the men wish to complain to certain officials about the provisions, facilities must be given them. The Board of Trade regulate the medical stores to be carried. The terms of the employment, save for coasting ships under eighty tons tonnage, are in writing and entered into, if going abroad, before a superintendent. Apprentices to the sea service are specially protected. Advances on account (a) In tills chapter referred to by only citing the sections of it. SEAMEN. 103 of wages are permitted within limits and provision can be made for the maintenance of the family at home by means of allotment notes and money orders. The wages of a seaman cannot be attached nor can they be assigned or sold b}' him. If he dies on board, his property is looked after and perhaps sold by the master. On pay- ment (which may and in some cases must be before a superintendent) he is entitled to an account of his wages and SLuy deductions therefrom. Seamen discharged abroad must be sent home and distressed seamen ai"e helped. On shore they are protected against dishonest boarding-house keepers and local authorities may establish homes for them. Abbott's "Law of Merchant Ships and Seamen" may be referred upon any point that may arise in this Chapter. It should be borne in mind when consulting this Chapter that the scope of this book is work and labour in England and that matters affecting a seaman's work while at sea or abroad or even in Scotland or Ireland are only referred to as being incidental to an engagement or discharge in this countr}'. (i.) Definitions. ** Seaman " includes every person (except masters, pilots and ajDprentices duly indentured and registered) employed or engaged in any capacity on board any ship {h). This definition includes stevedores (c) and a woman who acts as caretaker in liarbour (d). A person discharged and verbally re-engaged for the next voyage and to re- main on board and look after the stores in harbour is (fc) S. 742. (c) Per Lord Coleridge, C.J., in JL v. JiuUje of Cltij of London Court (1890), lib Q. n. D. 339 (Div. C't.)- (t^) The Jane and Matilda (1823), 1 Hag. Ad. 187 (Lord Stowell). 104 WORK AND LABOUR. ft seaman (f). There must be an actual engagement though the seaman may be temporarily on shore (/). "Vessel" includes any ship or boat or any other description of vessel used in navigation (r/). "Ship" includes every descrij^tion of vessel used in navigation not propelled by oars (g). These definitions extend the expi'essions and are not exclusive. A fishing coble (//) and a barge (0 but not a gas float (k) or a pleasure launch on a lake half a mile long and 180 yards wide (l) is a ship. " Foreign-going ship " includes every ship employed in trading or going between the United Kingdom and some place beyond the coasts of the United Kingdom, the Channel Islands and Isle of Man and the Continent of Europe between the river Elbe and Brest inclusive (m). "Home-trade ship" includes every ship employed in trading or going within those places (m). " Master " includes every person (except a pilot) having command or charge of any ship (m). " Port " (n) includes place (o). "Harbour" includes harbours properly so called, whether natural or artificial, estuaries, navigable rivers, piers, jetties, and other works in or at which ships can obtain shelter, or ship and unship goods or passengers (o). " Tidal water " means any part of the sea and any part (e) Thomson v. Hart (1890), 18 R. (J. C.) 3 (Ct. Just.). (/) R. V. Lynch (1898), 1 Q. B. 61 (C. C. K.). ((/) S. 742. (K) Exp. Ferguson (1871), L. R. 6 Q. B. 280 (Banc). (0 T}ie Mac (1882), 7 P. D. 126 (C. A.). See JBverard v. Kendall (1870), L. R. 5 C. P. 428 (Banc). ik) Wells V. Gas Float Whittvn No. 2 (1897), A. C. 337 (H. L.). (0 Mayor of Southport V. Morriss (1893), 1 Q. B. 359 (Div. Ct.). (m) S. 742. (n) Cf. Nicholson v. Williams (1871), L. R. 6 Q. B. 632 (Banc); Sailing-ship Garston Co. v. Hickie & Co. (1885), 15 Q. B. D. 580 (C. A.) ; Hunter v. Northern Marine Insurance Co. (1888), 13 A. C. 717 (H. L.). (o) S. 742. SEAMEN'. 105 of a river within the ebb and flow of the tide at ordinary spi'ing tides and not being a harbour (g). ** Wages " inchide emokiments (q). " Superintendent" inchides any officer discharging the duties of a superintendent (r). A British ship is practically one owned by British subjects (s). The fact that some members of a corporate body are aliens is not of itself a disqualification for registration as a British ship (t). (ii.) The Ship. Registration. — Every British ship, except ships under fifteen tons nett burden (ii) employed solely on rivers and coasts of the United Kingdom (x), must be registered (y) by name (z), together with the name and address of the managing owner (a) . Accommodation. — Every place on board a British ship occupied by seamen or apprentices and appropriated to their use (h) must have for each seaman a space of not less than seventy-two cubic feet and not less than twelve superficial feet on the deck or floor of that place. It must be kept free from things not being the personal property of the crew (c). (j) S. 742. (r) 2b. See ss. 246, 247. (s) S. 1. (0 H. V. Amaud (1846), 9 Q. B. 806 (Banc). As to a ship completely built for but not delivered to, a foreigner, see Union Banlc of London v. Lenanton (1878), 3 C. P. D. 243 (C. A.). («) See s. 77 ; The Brunei (1900), P. 24 (G. A.). (?:) S. 3. (y) S. 2. See ss. 24 et scq. as to transfer, ss. 31 et scq. aa to mortgage. (2) S. 47. See Bell v. Bank of London (1858), 28 L. J. Ex. 116 (Banc). (a) S. 59. See Frazer v. Cutfibertsmi (ISSO'), 6 Q. B. D. 93 (Boweii, J.) ; Steel V. Lester (1877), 3 C. P. D. 121 (Banc). (6) Including lascars : Penhisidar and 0. SS. N. Co. v. The King (1901), 2 K. B. 686 (Mathew, J.). (c) S. 210 ; Sched. VI. Tliis does not apply to sliips belonging to the three general liglithouse authorities, or to pleasure yachts, s. 262. lOG WORK AND LABOUR. Unseaworthiness. — It is an offence to send to sea a Ihitish ship so unseaworthy that it is likely to endanger life, unless all reasonahle precautions to insure her sea- worthiness have been taken or unless there was reasonable and justifiable cause for having so sent her to sea {d). A shipowner imijliedl}^ warrants to his crew that all reason- able means have been used to insure the seaworthiness of the shij) and will be used to keep her in that con- dition (e). If a ship is so loaded as to submerge in salt water the centre of the disc indicating the load-line it is deemed to be unsafe (/). An unsafe ship, i.e., one unfit to i)ut to sea without danger to human life by reason of her condition or under-manning (g) or loading, may be detained (//). Life-saving Apparatus. — Such life-saving appliances as may be prescribed b}^ the Board of Trade must be provided (i). Freight. — There are provisions regulating the carriage of dangerous goods (A), and of grain (Z), and of timber (;»)• Officers. — Every British foreign-going and home trade passenger ship and every foreign steamship carrying passengers between places in the United (d^ Ss. 457 et seq. The omission to ship staunchions aud rails ou board to raise the bulwarks to a height necessary for the safety of the seamen does not render the ship unseaworthy, Hcdley v. Pinhney, d:c. Ltd. (1894), A. C. 222 (H. L.), but an insufficiency of coal does do so : Gremock SS. Co. v. 3IarUime Insurance Co. (1903), 2 K, B. 657 (C. A.). (e) S. 458. ( /") S. 439. The owner is not liable if the ship be overloaded without his knowledge : Mussey v. Morriss (1894), 2 Q. B. 412 (Div. Ct.). {g') Merchant Shipping Act, 1897 (60 k 61 Yict. c. 59). (/O Ss. 459, 462, 692. See Chalmers v. Scoperdch (1892), 1 Q. B. 735 (Div. Ct.). (t) Ss. 427 et seq. See Or. ilar. 9, 1894. {k) S. 446. {I) S. 452. (wi) S. 451. SEAMEN. 107 Kingdom must be l)rovided with duly certificated officers (n). (iii.) The Engagement. Agreement with Crew. — The law relating to agree- ments with the crew dealt with on this and the following page do not apply to shij^s belonging to the three general lighthouse authorities or to pleasure yachts (o) or to fishing boats exclusively used on the coasts of the United Kingdom (j)). Home trade. — The master of every ship except ships of less than eighty tons registered tonnage exclusively employed in trading between difiereni ports on the coasts of the United Kingdom must enter into an agreement in accordance with the Act with every seaman whom he carries to sea as one of his crew from the United Kingdom (q). The agreement with the crew of home-trade shii)s may be made either for service in a particular ship or in two or more ships belonging to the same owner but in the latter case the names of the ships and the nature of the service must be specified in the agreement. If the engage- ment be not made before a superintendent, the master must cause the agreement to be read and explained to each seaman. An agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master. Agreements in the case of ships of more than eighty tons burden, except time agreements with individual seamen, must not extend beyond the next 30th June or 31st December or the first arrival of the ship at her final port of destination after (w) S. 92. This does not apply to ships belonging to the three general lighthouse authorities or to pleasure yachts, s. 262. (o) S. 262. (p) S. 263. («/) Ss. 113, 114. 108 WORK AND LABOUR. that (late or the discharge of cargo consequent on that arrival (r). Foreign-going. — The agreement Avith the crew of foreign-going ships must be signed by each seaman in the presence of a sui^erintendent, who must ascertain that each seaman understands it before he signs. A running agreement ma}' be made for two or more voj^ages pro- vided they average less than six months in duration but it must not extend beyond the next following 80th June or 31st December or the first arrival of the ship at her port of destination in the United Kingdom after that date or the discharge of cargo consequent on that arrival. On every return to a port in the United Kingdom before the final termination of a running agreement, the master must make on the agreement an indorsement as to the engage- ment or discharge of seamen (s). Posting-up. — A copy of the agreement (omitting the signatures) must be posted up in some part of the ship which is accessible to the crew {t). Alterations. — No alteration in the agreement, except as to the addition of fresh hands, is operative unless witli the consent of all persons interested and unless it be attested (w). A verbal agreement varying the articles made by a first mate after the death of the captain was held to be binding upon the owners (x). Evidence. — The contents of the agreement are provable in evidence by a seaman without its production (y). Lascars. — Agreements may be made with lascars or any native of India binding them to enter into further agreements to serve on other shi^js (z). (/•) S. 116. (5) S. 115. (<) S. 120. (m) S. 122. (x) Hansm v. Royden (1867), L. R. 3 C. P. 47 (Banc). (y) S. 123. (2) S. 125. SEAMEN. 109 Licence. — A person who engages or supplies a seaman or apprentice must hold a licence from the Board of Trade unless he be the owner (a) or master or mate or bond fide the servant and in the constant emploj'ment of the owner or be a superintendent (&). Medical Inspection. — A medical inspector may be called in b}' and at the expense of the master to examine a seaman applying for employment (c). Apprentices. — There are special provisions relating to apprenticeship to the sea service, in which matters superintendents must give such assistance as may be in their power (rf). Every indenture and assignment or cancellation thereof and in case of death or desertion the fact thereof must be recorded and a duplicate of such indenture and a notification of such other matters must be sent to the Registrar- General of Shipping and Seamen or to a superintendent (e). In the case of a foreign-going ship the apprentice must aj^pear before a superintendent and particulars must be entered on the agreement with the crew (/). Boards of guardians ma)^ act as in other apprentice- ships. The indenture must be attested b}' two J.P.'s, who must ascertain that the boy is 12 years old, of sufficient health and strength and has given his consent (a) A person who has a contract enforceable in Equity to purchase a share in a sliip may, although he is not a registered owner, supply apprentices without a licence : Hughes v. Sutherland (1881), 7 Q. B. D. 160 (Div. Ct.). (6) Ss. 110—112. Tliis applies to a foreign ship : H. v. Stcicart (1899), 1 Q. B. 964 (Div. Ct.), but not to ships belonging to the three general lighthouse authorities or to pleasure yaciits, s. 262. The burden of proof as to the licence is on the person who engages or supplies the man : It. v. Johnston (1886), 6 Asp. 14 (Div. Ct.). (c) S. 203. (d) S. 105. (e) S. 108. Tliib does not apply to ships of the three general lighthouse authorities or to pleasure yachts, s. 202. (/) S. 109. 110 -WORK AND LABOUR. and tliat tlie person to wlioiii he is bound is a proper person for the pnrpi>se (//). Rescission of Contract. — Wliere a proceeding is in- stituted in relation to a dispute between an owner or master of a ship and a seaman or apprentice arising out of or incidental to their relation as such or is instituted for the purpose of sect. 168, the Court, if having regard to all the circumstances of the case they think it just to do so, may rescind any contract, including one of apprenticeship, upon such terms as the Court may think just (li). " A.B." — A seaman is entitled to be rated as an A.B., that is, an able-bodied seaman, when he has served at sea four years before the mast. Three of those years may be in decked fishing vessels provided the other one be in trading vessels (/). The master ma}' disrate and reduce the wages for misconduct (k). Recovery of Debts. — A debt exceeding five shillings incurred by a seaman after he is engaged is not recover- able until the service is concluded (Z) . (iv.) On Board. Medical Stores. — There must be provided on ships going abroad medical stores according to scale {m) and, unless bound to ports in Europe, the Mediterranean Sea or certain parts of the East Coast of America, anti- scorbutics (h). Medical Assistance. — If a master, seaman or ig) Ss. 106, 107. (A) S. 168. {{) S. 126. (k) The Highland Chief (1892), P. 76 (Div. Ct.). (1) S. 213. (m) Ss. 200 et seq. ; Or. Oct., 1890. As to damage caused by neglect to .supply medicine, see "Accidents to Workmen" (•2nd ed.), pp. 14, 15. (n) Ss. 200 et seq. ; Sched. V. SEAMEN. Ill apprentice receives anj- injiuy in the service of the ship, the expense of surgical or medical aid and of main- tenance and of removal from the ship falls upon the owner (o) but there is no duty to supply surgical or medical attendance to a seaman after his return to the home poi"t (j)). Complaints. — Three of the crew of a British ship may complain that the provisions or water are of bad quality, unfit for use or deficient in quantity to a naval officer in command, a consular officer, a superintendent or a chief officer of customs and the officer may examine them or cause them to be examined and may certify to the master that the complaint is valid and the master must thereupon provide proper provisions and water. If the officer certifies that there was no reasonable ground for the complaint, each of the complainants are liable to forfeit a sum not exceeding one week's wages (q). Allow- ances ma,j be recovered as compensation for short or bad provisions (r). Any complaints against the master or the crew may be made to a justice of the peace, British consular officer or officer in command of one of His IMajesty's ships and the master must afi'ord facilities for doing so (s). Discipline. — In order to secure due discipline various offences, e.g., neglect of dut}', drunkenness, desertion, absence without leave, disobedience, assault, damage to stores or cargo, smuggling, false statements as to last ship or as to the seaman's name, are dealt with (t). A deserter or absentee without leave may be conveyed (o) Ss, 207, 208. See Secretary of ike Board of Trade v. Sundholm (1879), 4 Asp. 196 (Div. Ct.). {p) Anderson v. Uayner (1903), 1 K. B. 589 (C. A.). (y) S. 198. The provisions on certain ships are inspected under s. 206. (r) S. 199. See The Josqyhine (1856), Sw. Ad. 152 (Dr. Lushington) ; The Juditia (1887), 12 P. D. 145 (Hannen, Pres.). {s) S. 211. {t) Ss. 220 e< ,i<;<2'. See cases on these od'ences in Mew's Dig., "Shipping," VI., 2. 112 WORK AND LABOUR. on board (»)• Men are not obliged to continue the voyage if the number of the crew be so reduced as to endanger life (.r) or if they are required to incur greater risks than they had agreed to run (i/). Entering Navy. — A seaman maj' leave his ship for tlie purpose of forthwitli entering the navy (z), and the master must then deliver to him his eifects and pay him the due proportion of his wages (a). Log-book. — The log-book, which is admissible in evidence, must contain particulars of, inter alia, all convictions, punishments, illnesses or accidents (&). Property on Death. — If a seaman or apprentice belonging to a British ship dies during a voyage which is to terminate in the United Kingdom, the master must take charge of his mone^' or effects and may cause them to be sold by public auction. The log-book must contain particulars of such property and sale (c). Should money or effects be left abroad, not on board, the chief officer of customs or the consular officer deals with them {d). The Board of Trade has power to deal with the property of deceased seamen (e) and may in certain cases refuse to pay under the provisions of a will (/) . The Wills Act, 1837, does not apply to the making of a will b}^ a seaman being at sea (g). (h) Ss. 221, 222, 224, 225 (a). See The AmpliUrite (1832), 2 Hag. Ad. 403 (Sir C. Robiusou). (x) Hartley \. Tonsonhy {IS57), 26 L. J. Q. B. 322 (Banc). (y) O'NeU v. Armstrong (1895), 2 Q. B. 418 (0. A.); The Jiistitia (1887), 12 P. D. 145 (Hannen, Pies.). (?) S. 195. (a) S. 196. (6) Ss. 239 — 243. This does not apply to ships belonging to the three general lighthouse authorities or to pleasure yachts, s. 262. (c) Ss. 169—171. (d) S. 172. (e) Ss. 176, 178, 179. See s. 174. (/) S. 177. {g) 7 Will. IV. & 1 Vict. c. 26, s. 11. SEAMEN. 113 (v.) Wages. Accrual. — A seaman's right to wages and provisions accrues either when he begins work or when b}- the agi-ee- ment he is to begin work or be on board, whichever happens first (h). Master. — The master of a ship has, so far as the case permits, the same rights, hen, and remedies for the recovery of his wages as a seaman has under this Act or l)y any law or custom (i). Freight. — The right to wages does not depend on the •earning of freight (A") . Forfeiture by Agreement. — A seaman cannot by way agreement forfeit his Hen on the ship or lose any remedy for recovering his wages or abandon his right to -salvage or to wages in case of the loss of the ship (I). Salvage. — An agreement for the apportionment of salvage is binding provided it is not inequitable and has been validly made (m). Deductions. — An agreement that a deduction should be made from wages that have been earned, to satisfy a forfeiture in respect of a desertion from another shij:) (n), is, unless under an order of the Court, illegal (o). Lien. — Seamen verbally engaged for a voyage which does not take place have a lien on tlie ship for work done upon it in harbour (p). (h) S. 155. (i) S. 1G7. A muster has not the saiiio rights as a seaman under sa. 134, 135 (2J0s(, pp. 116, 117) : The Arina (1887), 12 P. D. 118 (Div. Ct.) ; over- 4iiliiig The Princess Helena (1861), Lush. 190 (Dr. Lusliingtou). And see Lord Watson in Morrjan v, klS. Castlegatc (1893), A. C. 38, 52, 53 (H. L.) ; The Bainhow (1885), 5 Asp. 479 (Butt, J.). {k) S. 157. {I) S. 156. [m) See The Rosario (1876), 2 P. D. 41 (Sir R. Pliillimore); The Afrika (1880), 5 P. D. 192 (Sir R. Philliniore) ; The Wilhcha Tell (1892), P. 337 (Barnes, J.). (71) S. 221. (o) Kealake v. Board of Trade (1903), 2 K. B. 453 ^Div. Ct.). ill) Re Great EoMern SS. Co. (1885), 5 Asj). 511 (Chitty, J.). W.L. 8 114 WORK AND LABOUR. When Entitled. — No wages are recoverable under an illegal contract (q) or where the ship is condemned for illegal trading to which the seamen have been privy (?•). Seamen wrongfully discharged before the beginning of a voyage or before a month's wages have been earned may, in addition to wages they have earned, recover compensation, not exceeding one month's wages (s). If a contract be made for a Avhole voyage, then, unless there is anything in the contract to show that wages are to vest at certain times, e.g. monthly (t), no wages are payable until the voyage is completed («) ; but this is not so, if the master seeks to impose upon the seaman a new form of employment (v) or greater risks than he had contracted to incur (x). If seamen are seized and imprisoned when the ship is captured in war (though the ship be afterwards re-captured) the owners are not liable for wages (y), though they may be if the imprisonment be merely temporar\- and the seamen continue the voyage (z). A seaman disabled by accident in the course of his duty is entitled to wages for the whole voyage, though his accident prevents his earning the whole of it (a). Where his service is terminated before the time agreed by wreck (6), or loss of the ship, or his being left abroad (q) The Vanguard (1805), 6 Rob. C. 207 (Sir W. Scott). (r) TJi^ Malta (1828), 2 Hag. Ad. 158, 163 (Sir C. Robinsou). (s) S. 162. Where no app-eemeiit has been signed, see Ite Great Eastern SS. Co. (1885), 5 Asp. 511 (Chitty, J.). (<) Taylor v. Laird (1856), 25 L. J. Ex. 329 (Banc). See BtUton v. Thompson (1869), L. R. 4 C. P. 330 (Banc). (m) See Cutter v. Poivcll (1795), 6 T. R. 320 (Banc), 2 Sm. L. C. 1, and cases there cited. (r) Burton v. Finkerton (1867), L. R. 2 Ex. 340 (Banc). \x) O'Neil V. Armstrong (1895), 2 Q. B. 418 (C. A.); The Justitiar (1887), 12 P. D. 145 (Hannen, Pros.). (y) The Friends (1801), 4 Ro1i. C. 143 (Sir W. Scott). (2) Feale v. ThomjJson (1804), 4 East, 546 (Lord Ellenboroxigh, C.J.j. (a) Chandler V. Grieves (1792), 2 Bl. H. 606 (n.) (Banc). (6) See The Warrior (1862), 6 L. T. 133 (Dr. lAishington) ; Th- Woodhoi-n (1891), 92 L. T. Jour. 113 (Butt, J.). SEAMEN. 115 through unfitness or mability to proceed, he is entitled to wages up to the time of such termination (e). A seaman is not entitled to wages for any time during which he refuses to work or is lawfuU}' imprisoned for any offence, unless the Court otherwise direct (f?). He forfeits any wages for time wasted during an}' illness caused by his own wilfulness or default (e). The costs, not exceeding 3L, of i^rocuring his punishment for any offence may be deducted from his wages (/). The wages of a seaman sent home b}' a naval Court to give evidence at a trial in England do not continue to be •payable after he has left the ship (g). Advances. — Advances for wages conditional on a seaman going to seu may be given for a sum not exceed- ing one month's wages (h). An advance note is not a negotiable instrument (i). Allotment. — Wages ma}'^ be paid by means of allot- ment notes (A). The amounts and times of the payments to be made must be inserted in the agreement. Any part (not exceeding one-half) of the wages may be allotted in favour of the wife, father, mother, grandfather, grand- mother, child, grandchild, brother or sister of the seaman or of a savings bank (I). The payment must begin one month or, if in favour of a savings bank, three months from the date of, or such later date as may be fixed by, the agreement and nmst be j^aid at the expiration of every month or such (c) S. 158. {d) S. 159. (e) S. 160. (/) S. 161. (g) Melville v. Dc Wolf {1855), 24 L. J. Q. B. 200 (Banc). {h) S. 140. See Bellamy v. Lnnn (1897), 8 Asp. 348 (Div. Ct). This does not apply to a seaman sliipped from a foreif;n port : Ritchiev. Laraen (1899), 1 Q. B. 727 (Div. Ct.) ; Rowlaiuls v. Miller (1899), 1 Q. B. 735 (Div. Ct.). (i) Cardiff .U- Association v. Cory (1893), 9 T. L. R, 888 (Div. (Jt.). (k) S. 140 (1) (b). [1) S. 141. See 83, 142—141, 8—2 116 AVOUK AND LABOUR. other periods as may be fixed by the agreement and must be paid only in respect of wages earned before the date of payment (?«)• The person liohling an allotment note may, except in the case of the seaman having ceased to be entitled to his wages, recover its amount from the owner (n) of the ship {(>). Money Orders. — Wages of seamen or apprentices may be remitted by money orders. The Board of Trade may cause the amount of the order to be paid notwithstanding that the order ma}' not be in the possession of the applicant (_p). When Payable. — The wages of seamen on home- trade ships are payable within two days after the ter- mination of the agreement or at the time when the seaman is discharged, whichever first happens. If, without reasonable cause, wages are not so paid, the seaman is entitled to be paid two days* pay for each of the days during which payment is delayed beyond that time, but so that the sum so payable do not exceed ten days' double pay. Any sum so payable may be recovered as wages (q). In the case of foreign-going ships, except when the seamen are wholly compensated by a share in the profits, the owner or master must pay to each seaman, at the time when he lawfully leaves the ship at the end of his engagement, 21. or one-fourth of the balance of the (wi) S. 144. (7^) Not necessarily the registered owner, who may have demised and parted with all control over it : MeiUereid v. West (1876), 1 Q. B. D. 428 (Banc). (o) S. 143. ip) See ss. 145—147. (g-) S. 135. In spite of s. 167 (see ante, p. 113), a master has not the same rights as a seaman under ss. 134, 135: The Arina (1887), 12 P. D. 118 (Div. Ct.)., overruling Th-e Princess Helena (1861), Lnsh. 190 (Dr. Lnshington). See also Lord "Watson in Morgan v. SS. Castlegate (1893), A. C. 38, 52, 53 (H. L.) ; The Rainbow (1885), 5 Asp. 479 (Butt, J.). SEAMEN. 117 wages due to him, whichever be less, and the remainder within two clear days after, exclusive of any Sunday, fast day in Scotland or Bank-holiday. By consent, the final settlement may be left to a sujierintendent. In the event of any part of such wages not being paid or so settled, they continue to run and to be payable until the final settlement, unless the delay is due to the act or default of the seaman or to any reasonable dispute as to liability (r) or to any other cause not being the wrongful act or default of the owner or master (s). Account. — An account of wages and deductions therefrom must be delivered before payment off" or dis- charge (0 . Payment before Superintendent. — If a seaman be discharged before a superintendent in the United Kingdom his wages must be paid through or before him, unless a competent Court otherwise directs (x). A superintendent is entitled to refuse to receive or be present at the payment of, the wages of a seaman dis- charged before him when the account contains an illegal deduction (y). Disputes. — Superintendents may finally settle ques- tions as to wages up to 51. in the case of a foreign- going ship (z). Wages not exceeding 50^. may be re- covered in a Court of summary jurisdiction (a). The (r) A counterclaim is not within these words : Delaroque v. SS. Oxen- holme Co. (1883), Cab. & E. 122 (Steplien, J.). (s) S. 134. See note (q) ante, p. 116, As to payment of wages to a seaman left abroad, see s. 189. {t) Ss. 132, 133. This does not apjdy to ships of the three general lighthouse authorities or to pleasure yachts, s. 262. A reduction of wages upon disrating is not a deduction : The Uvjhland ChieJ (1892), P. 76 (Div. Gt.). See s. 189 where a seaman is left abroad. (x) S. 131. See s. 247. (y) Ke»lalce v. Board of Trade (1903), 2 K. B. 453 (Div. Ct.). {z) S. 137. (a) S. 164. This section applies to masters : The JJUdcaey (l8r.9), Sw. Ad. 428 (Dr. Lushington). See s. 165 as to the High Court and 8. 166 as to suing abroaij. 118 WORK AND LABOUR. Admiralty Court has jurisdiction over monej' claims by sailors {b). Attachment — Assignment. — Wages of seamen or npprt'Utices are not subject to attachment or arrestment ; an assignment or sale of them before they accrue due is not binding ; a power of attornej' or authority for their receipt is revocable ; and a payment of them is valid notwithstanding any previous sale, assignment or attachment. This, however, does not apply to allotment notes ((■). Poor Law. — Poor Law guardians may be reimbursed in certain proportions out of unpaid wages the expense of relieving the families of seamen during their absence {d). Board of Trade- — When a seaman is lost with the ship the Board of Trade may recover and deal with the wages due to him (e). (vi.) On Discharge. Certificate. — Either on discharge or on payment of wages, the master must give a certificate specifying the period of service and the time and place of discharge (/). Before Superintendent. — A seaman on a foreign- going ship, or on a home-trade ship if the master or owner so desires, must be discharged before a super- intendent {g). Report. — If the discharge be before a superintendent {b) Admii-alty Court Act, 1861 (24 & 25 Vict. c. 10), s. 10 ; Tlie Blessing (1878), 3 P. D. 35 (Sir R. Pliillimore) ; The Qreat Eastern (1867), L. E. 1 A. & E. 384 (Dr. Lusbington) ; The Justitia (1887), 12 P. D. 145 (Haniien, Pres.). (c) S. 163. See Roivlands v. Miller (1899), 1 Q. B. 735 (Div. Ct.). (fZ) S. 182. (c) S. 174. (/) S. 128. No action lies upon a refusal to give a certificate: Vallance V. Palle (1884), 13 Q. B. D. 109 (Div. Ct.), but a penalty may be imposed and compensation be made out of it, s. 699. (^) S. 127. This does not apply to ships of the thi'ee general lighthouse authorities or to pleasure yachts, s. 262. SEAMEN. Ill) the master must either make a report of the conduct, character and qualifications of the seaman or state on the form that he declines to give any opinion upon those subjects (/). Lascars. — It is the dut}' of the Secretary of State for India to take charge of and send home destitute lascars and other natives of India (k). Discharge Abroad. — Where a British ship is trans- ferred or disposed of at any port out of His Majesty's dominions and a seaman or apprentice does not with the prescribed formalities consent to complete the vo3'age if continued or where the service terminates at any such port, the master must give a certificate of discharge and in the case of any certificated officer return his certificate to him. The master must also provide sucli seaman or apprentice with employment on some othev British ship bound to the port at which he was originally shipped or to a port in the United Kingdom agreed to by him or furnish the means of sending him back to some such port or provide him with a passage home or deposit a sum of money sufficient to defray the expenses of his maintenance and passage home (/). The master of a British ship must not discharge a seaman or apprentice abroad or leave him behind abroad, ashore or at sea unless he previousl}' obtains the sanction or, in the case of leaving behind, the certificate, if at any place in a British possession, of a superintendent or, in the absence of any such superintendent, of the chief officer of Customs at or near the place or, if at any place else- where, of the 13ritish consular officer or, in the absence of any such officer, of two merchants resident at or near the place or, if there is only one merchant so resident, of that merchant. This sanction, however, is not required (i) S. 129. See s. 130. {k) S. 185. {I) S. 186. Seep. 187. 1"20 WORK AK1> liVnOUR. where the disclmrge is in the British possession where the seamnn was shipped (m). Distressed Seamen. — Certain authorities may pro- vide niaintenance and the Board of Trade may make reguhitions with respect to the rehef, maintenance and sending home of seamen and apprentices found in distress abroad («)• A fine of 30^. may be inflicted for leaving a native of Asia or Africa or of an island in the South Sea or Pacific Ocean or of any country not having a consular officer in the United Kingdom destitute in the United Kingdom, should he within six months become chargeable upon the poor rates or liable to be convicted as an idle and disorderl}' person or as a vagrant (o). Solicitation by Lodging-house Keepers. — No one on board may, within twenty-four hom's of arrival, solicit a seaman to become a paying lodger or take out of the ship any of his effects except by his direction and the master's permission (p). Lodging-houses. — A local authority may make by- laws for the licensing and regulation of seamen's lodging- houses at seaports (q). Lodging-house Keepers.— Theie are penalties for overcharging a seaman in respect of his board and lodg- ing (r) and for detaining his mone}' or effects after being (m) S. ISS. (v) Ss. 190, 192. A person may be a distressed seaman although the wages paid to him abroad are in excess of the expenses incurred for his maintenance and passage home : Board of Trade v. Sailing Ship Glenpark (1903), 2 K. ?>. 324 (Bighum, J.), all'. (1904) 1 K. B. 682 (C. A.)- Distressed seamen on board ship are not passengers so as to affect the question of pilotage : The Clyvienc (1897), P. 295 (Barnes, J.). (o) S. 184. (jo) S. 217. S. 218 provides that no unauthorised person may board a ship on its arrival without the permission of the master or remain on it afier being warned to leave, i?. v. /raZ/.er (1903), The Times, Nov. 23 (Stip. Mag.), was a prosecution under s. 218. (7) S. 214. (r) S. 215. SEAMEN. 121 required to return them. Anything, however, justly due for board and lodging may be deducted (s). Homes. — Land in ports may be appropriated for sites for sailors' homes (t). PART II. Pilots. The Merchant Shipping Act, 1894 (u). (57 .1- 58 Vict. c. 60.) Definition. — The expression "pilot" means any person not belonging to a ship who lias the conduct of it (x). Application. — Pilotage laws apply to all ships, British and foreign, in the United Kingdom and Isle of Man (?/), though certain districts may be exempted (z). Authority. — A pilotage authority includes all bodies and persons authorised to licence pilots or exercise any jurisdiction in respect of pilotage (a). Pilots may, by order of the Board of Trade, be directly represented on any pilotage authority, committee or body (h). A pilotage authority may make by-laws as to all matters relating to pilots or pilotage (c). Qualified Pilots. — A qualified pilot is one duly licensed to conduct ships to which he does not belong (s) S. 216. (0 S. 259. (m) In this chapter relerred to by only citing the sections of it. (x) S. 742. Other definitions, see ante, p. 103. (y) S. 572. (z) See ss. 578, 581, 603-605, 622, 625. (a) S. 573. (6) S. 577. (c) Ss. 582—584. As to the Cinque Ports, see Pilotage Law Amendment Act, 1853 (16 & 17 Vict. c. 129), s. 8. 122 "WORK AND LABOUR. but his qualification coases if lie acts beyond the limits of his licence ((/). Licence. — Every qualified pilot receives a licence which specifies the limits within which he is entitled to act (f). He is not entitled to act as such until his licence is registered (d). It must be produced to every person to whom he ofifers his services (/), and, if so requested, produced and delivered up to the pilotage authority (g). Pilotage Provisions.— A copy of sects. 572—633 of the Act, which contain the provisions relating to pilots, must be given to every licensed pilot, together with the rates, bye-laws and regulations which he must, if requested, produce to the master or person employing him (//). Unqualified. Pilots. — An unqualified pilot may in certain circumstances act but he must give waj' to one that is qualified and desires to supersede him (i). Masters and Mates. — A master or a mate of a ship may obtain a certificate authorising him to pilot any one or more ships belonging to the same owner as that ship within the limits of the district of the pilotage authority {k). It is renewable from year to year at the absolute discretion of the authority (?). A qualified pilot must act when requested to do so unless there be reasonable grounds for his not doing so (m). He {d) S. 586 (4). See The Killarnexj (1861), 30 L. J. Ad. 41 (Dr. Lushington) . (e) S. 589. See Eced v. GoJdsworthy (1903), 90 L. T. 126 (Div. Ct.), where two districts overlapped. (/) S. 588. {g) S. 589. It is no answer to a charge of refusal to deliver up a licence that the request was made capriciously : Henry v. Newcastle Trinity House Board (1858), 8 E. & B. 723 (Banc). (A) S. 587. (t) Ss. 596—598. See Turner v. Peal (1888), 53 J. P. 230 (Div. Ct). (*) Ss. 599 ct seq. See The Bristol City (1902), P. 10 (Jeune, Pres. ). (I) S. 599 (4) ; B. v. Corporation of Trinity House (1887), 35 W. R. 835 (Div. Ct.). (w) S. 606 (h), (k), (1). As to pilot signals, see Or. Jun, 29, 1900. PILOTS. 123 is not, however, bound to go on board a vessel in distress if he is told that he will be paid for pilotage only ; and if he does do so he will be entitled to salvage remunera- tion (n). He may not, except by unavoidable necessit}', be taken beyond his limits without his consent ; and, if he be so taken, he is entitled to 10s. Qd. a day extra (o). Duties. — A pilot has supreme control over the naviga- tion when he has taken charge of a ship ( jj) . Rates. — No rate for pilotage services, other than maj'- be demanded by law (3), may be demanded, offered or paid (r). Dues. — Pilotage dues may be recovered against the owner or the master or such consignees or agents as are liable to pay anj' other charge on account of the ship in the port, if inwards, of her arrival or discharge or, if outwards, from which she clears out (s). Owners' Liability. — Owners are not liable for the negligent acts of a compulsory j)ilot (0, though they may be for those of one taken on board voluntarih^ (u). A compulsory pilot does not impliedly contract within the doctrine of common emjiloyment to take upon himself the risk of the negligence of the shipowner's servants (;y). Other Occupations. — A quahfied pilot may not keep or be interested in keeping by an agent, servant or other person any public-house or place of public {n) The Frederick (1838), 1 Rob. W. 16 (Dr. Lusliinj,'ton). (0) S. 594. See Morteo v. Julian (1879), 4 C. P. D. 216 (Div. Ct.). ip) The Peerless (1860), Lush. 30 (Dr. Lushington). See Burrellv. Macbrayne (1891), 18 R. 1048 (Ct. Sess.); and other ca.ses cited Ency. Lawsof Eng. "Pilots." iq) See s. 582 (6). (r) S. 592. (s) S. 591. (t) The Maria (1839), 1 Rob. W. 95 (Dr. Lushington). For the places where pilotage is compulsory, see ss. 603 et seq., G22 ct seq. ; The Cayo BoiiitolimB), P. 203(C. A.) ; and Abbot's " Merchant Shipping," 14th ed., Part IL ch. vii., sect. 5, p. 310. («) The Eden (1846), 2 Rob. W. 442 (Dr. Lushington). (y) Smith V. Steele (1875), L. R. 10 Q. B. 125 (Hanc). 124! WORK AND LABOUR. entertainment or sell or be interested in selling any wine, spirituous liquors, tobacco or tea (z). Trinity House. — Trinity House pilots are licensed and governed by that body (a). They have to enter into a bond for 100/. conditioned for the observance of the regulations and bye-laws (h). They are not liable for negligence beyond that amount, ^j/j) S. 369 : Or. Nov. 2, 1899. Ss. 399—108 are next dealt ^yith. (q) S. 399. (r) S. 402. 9—2 132 WORK AND LABOUR. or in both waj's, and the time from which each seaman's remuneration is to commence ; a scale of the provisions to be furnished to each seaman ; any regulations as to conduct on board and as to fines, short allowance of provisions or other lawful punishment for misconduct, which the Board of Trade has api)roved as proper and the parties have agreed to adopt. It must be so framed as to admit of stipulations as to advance and allotment of wages and ma}- contain any other stipulations that are not contrary to law (s). There must be a special place for substitutes or persons engaged subsequently to the tirst departure (t). The agreement must be read over and explained to each seaman, unless it be otherwise ascertained that he understands it. It may be made for service either in a particular boat or in two or more boats belonging to the same owner (u). Any alteration in an agreement, except additions as to substitutes and subsequently engaged persons, is inoperative unless made with the consent of all persons interested therein (x). Running Agreements. — Running agreements may, if the voyages of the boat average less than six months in dui'ation, be made to extend over two or more voyages or any number of weeks but must not extend beyond the next following 30th day of June or 31st day of December or the first arrival of the boat at her port of destination in the United Kingdom after that date or the discharge of cargo consequent on that arrival (i/). Any change in the crew under a running agreement must, unless there be exemption, be notified by the skipper to the superintendent (z). On every return to a port in the United Kingdom before the final termination of a running agreement, the agreement (5) S. 400. (a-) S. 407. it) S. 401. (y) S. 403. (u) S. 402. (z) S. 406. SEA FISHING. 133 must be indorsed b}' the skipper as to the engagements and discharges made or to be made before leaving j^ort (a) . Report. — Within forty-eight hours of a trawler's dei)arture from port, the owner or managing owner or, if they go to sea in her, their agent must, unless exempted, make a report of the crew and of other particulars to the superintendent (h). Note. — Sailing traidcrs under fifty tons tonnage and imddle steamers are not included in the following (c) : — Officers. — Skii)pers and second hands on trawlers of not less than twenty-five tons tonnage must hold certificates of competency (^). Account. — An account of wages and deductions must be delivered to each man not less than four hours before paying off or discharge, unless it be dispensed with by notice (/t) See S. F. A. 61, s. 4 : Garuelt v. Backhouse (1867), 37 L. J. Q. B. 1 (Banc) ; llullc v. Whijtc (1868), 37 L. J. Q. B. 105 (Banc) ; Leconfidd v. Lonsflale (1870), 39 L. J. C. P. 305 (Banc) ; Jlod'jsoii v. LUUc (1864), 33 L. J. M. C. 229 (Banc). 142 WOniv AND LAnOUR. or clinrtor or ininionioriiil usage, ma}- bo used for facilitating the catcliiiig of salmon (»)• Mill-races, "Weirs and Dams. — No one may fish for salmon except with rod and line in the head or tail race of a mill or within fift}' 3'avds below a dam, unless there be a proper fish pass(()), or within fifty yards above or 100 yards below any weir or dam or in an}- mill water (p). Roe. — No one may use fish roe for fishing. No one may buy, sell or expose for sale or have in his possession any roe of salmon, trout or char, unless for artificial propagation or other scientific purpose or unless he has some other satisfactory reason (q). Explosives — Poison. — It is illegal to use dynamite or other explosive substances to catch or destroy fish (?•) or to knowingly permit poisonous matter to get into the water (s). Unseasonable Fish. — No person may wilfully take or be in possession of, kill or injure or attempt to take any unclean or unseasonable salmon, trout or char or the young of such fish or buy, sell or expose for sale or have in his possession any such fish. This, however, does not apply to persons who take or are in possession of such fish for artificial propagation or other scientific purpose. Should such fish be taken accidentally, they should be forthwith returned to the water with the least possible damage (t). 00 S. F. A. 61, s. 12. As to gaps and passes, see post, pp. 143, 144. (o) lb. See Moulton v. 7^1'% (1863), 32 L. J. M. C. 164 (Banc). (?>) S. F. A. 73, s. 17. (5) S. F. A. 61, s. 9 ; S. F. A. 65, s. 64 ; S. F. A. 73, s. 18 (7) ; F. F. A. 78, s. 5. A person nia_y be in possession of the roe of trout or char for artificial propagation or other purposes, if he has obtained the written pern)ission of the conservators : see ib. ; S. F. A. 65, s. 64. 00 Fisheries (Djniamite) Aet, 1877 (40 & 41 Vict. c. 65) ; F. F. A. 78, s. 12. («) S. F. A. 61, s. 5 ; Malicious Damage Act, 1361 (24 k 25 A'ict. c. 97), s. 32 ; S. F. A. 73, s. 13 ; F. F. A. 84, s. 7. (/) S. F. A. 61, s. 14 ; S. F. A. 65, s. 60 ; S. F. A. 73, s. 18 (3, 6, 8). SALMON AND FRESHWATER FISHING. 143 Spawning. — Xo person ma}^ wilfully disturb or attemj)t to catch salmon when spawning or when on or near their spawning beds, save for artificial propagation or other scientific purposes (») and with the Avritten consent of the conservators (jc). Young of Salmon. — The young of salmon must not be wilfully taken, destroyed or injured nor may their passage be obstructed b}' any device nor ma}' they be bought, sold or exposed for sale (y). This does not apply to obtaining them for artificial propagation or other scientific purposes (y) with the written consent of the conservators {z). Obstruction. — Salmon must not be deterred from passing up a river during either an annual or a weekly close season (a). "Within thirtj^-six hours after the com- mencement of an annual close season all obstructions to the free passage of salmon must be removed (h). This does not embrace a mill dam which has long been abandoned as a fishing mill dam (c). All fishing weirs nmst be provided with a proper free gap and fishing mill dams with a jiroper fish pass (d) . Between January 1st and June 24th neither baskets, nets, traps or devices for catching eels (e) may be hung, fixed or used in any salmon river nor may any device (ic) S. F. A. 61, s. 16. (x) S. F. A. 65, s. 60. (y) S. F. A. 61, s. 15. See Ilopfou v. Thirhvall (1863), 9 L. T. 327 (Banc). {z) S. F. A. 65, s. 60. (a) S. F. A. 73, ss. 4, 16. See Dioke of Suthciiand v. Ross (1878). 3 A. C. 736 (II. L.), where the repair of a foreshore, which to some e.\teiit, delayed but did not substiuitinlly impede the passnge of salmon, was held not to be an illegal obstruction. (b) S. F. A. 61, .«. 28. (c) Rossitcr v. Pike (1878), 4 Q. 15. D. 24 (13anc). (rf) S. F. A. 61, ss. 4, 12, 27 ; S. F. A. 73, ss. 4, 46 ct scq. (e) The fry of eels was excluded by repeal: Elver Fishing Act, 1876 (39 k 40 Vict. c. 34), which see as to the river Severn. 144 WORK AND LABOUR. wliatsoever to catch or obstruct an}' fish descending the stream be placed in any inhxnd water. No one may at any time phice upon the apron of any weir any basket, trap or device for taking fish, except wheels or leaps for taking laini)eriis, between August 1st and March 1st. These prohibitions, however, do not affect the use of eel baskets not over ten inches in diameter fished with bait and not used at any dam or weir (/). Between 12 o'clock Saturday noon and 6 o'clock jNIonday morning there must be proper openings for fish to pass (g). Putts or putchers, however, need not be removed during those hours, if proper nets are provided to prevent salmon passing into them {It). Marking Packages. — A package containing salmon, trout or char sent by any carrier between September 3rd and Februar}^ 1st inclusive must be conspicuously marked outside with the word salmon, trout or char respectively (i). (/) S. r. A. 73, s. 15. An inoperative device placed in a river before Jan. 1 and subsequently made operative by opening floodgates is witldu the prohibition : Brirjgs v. Swanuick (1883), 10 Q. B. D. 510 (Div. Ct.). ig) S, F, A, 61, s. 22. See Pike v. Rossiter (1877), 37 L. T. 635 (Banc). (/O lb. s. 21. [i See S. & F. F. A. 92, ss. 3, 6. CHAPTER IX. STAGE & HACKNEY CARRIAGES. Part I. Stage Carriages (Great Britain). Part II. Stage Carriages (The Metropolis). Part HI. Hackney Carriages (The Metropolis). Part TV. Stage and Hackney Carriages (The Metropolis). Part V. Omnibuses and Hackney Carriages (Outside the Metropolis). Part VI. Motor Cars. The following abbreviations are used in this Chapter : — L. H. C. A. 31 ... ... London Hackne}- Carriage Act, 1831 (1 & 2 Will. lY. c. 22). S. C. A. 32 Stage Carriages Act, 1832 (2 & 3 Will. IV. c. 120). L. H. C. A. 33 ... ... London Hackney Carriages Act, 1833 (3 & 4 Will. IV. c. 48). R. P. D. A. 42 Raihvay Passenger Duty Act, 1842 (5 & G Vict. c. 79). L. H. C. A. 43 ... ... London Hackney Carriages Act,1843(6&7Vict.c.86). T. P. C. A. 47 Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89). L. H. C. A. 50 .. ... London Hackney Carriages Act, 1850 (13 & 14 Vict. c. 7). L. H. C. A. 53 ... ... London Hackney Carriage Act, 1853 (16 &: 17 Vict. 0. 33). W.L. 10 146 M'ORK AND LABOUR. L. H. C. A. 53 (No. 2) ... London Hackney Carriage (No. 2) Act, 1853 (16 & 17 Yict. c. 127). M. S. A. G7 ... ... Metropolitan Streets Act, 1867 (80 cl- 31 Vict. c. 134). M. P. C. A. 69 Metropolitan Public Car- riage Act, 1869 (32 & 33 Yict. c. 115). P. H. A. 75 Public Health Act, 1875 (38 Sc 39 Vict. c. 55). M. S. A. 85 ... ... Metropolitan Streets Act, 1885 (48 & 49 Vict. c. 18). T. P. C. A. 89 Town Police Clauses Act, 1889 (52 & 53 Vict. c. 14). L. H. A. 96 .. ... Locomotives on Highways Act, 1896 (59 & 60 Vict, c. 36). M. C. A. 03 Motor Car Act, 1903 (3 Edw. VII. c. 36). INTRODUCTION. The laws relating to stage carriages and hackney carriages in the various parts of the country are in such a state of confusion that it is most difficult to present them in an intelligible form. The subjects of the two kinds of vehicles are quite different and should always have been treated as such. Apart from statutory definition a stage carriage is one that is driven in stages from jDoint to point as distinct from a hackney or hired carriage. It generally has, almost of necessity, a conductor and, as some of the statutes provide, each occupant of the carriage is charged a separate fare. As will be seen there is one set of statutes dealing with Stage Carriages throughout Great Britain ; there is another set for part of the law relating to Hackney Carriages in the Metropolis ; other Acts, in a large measure, treat of Metropolitan Stage and STAGE AND HACKNEY CARRIAGES. 147 Hackney Carriages jointly ; Stage Carriages and also Hackney Carriages in urban and some other districts are in part dealt with by public Acts and in part by local Acts and bj'e-laws. For this reason this chapter has been divided as appears at the heading with a view to make it as little complicated as possible. Taking first stage carriages throughout Great Britain, we find that the expression ** stage carriage " is not now defined except for the purposes of the Metropolis and of such districts as are governed bj- the Town Police Clauses Act, 1847. It may, however, be described as a public convej'ance that plies for hire and conveys passengers by stages for separate fares. The number of passengers it is constructed to carry, which must not be more than will allow sixteen inches of seating space for each person, must be painted on the outside and inside. Regulations as to the number of outside passengers and as to outside luggage are laid down. If there be three or more horses no one but the driver may drive. A stage carriage in the Metropolis is one for which the passengers are charged separate and distinct fares, but does not include those that go to or come from beyond it. It must be licensed, and have the number of it aflixed outside. It must not be withdrawn from use for more than two consecutive days or than two days in any one week, except on ten days' notice. A passenger applying for a seat must not be refused without good reason. No one with an infectious disease ma}- be carried. The driver and conductor, who must be 21 years of age, are licensed annually and are supplied with a numbered ticket, which they have to wear in view during employ- ment. If they change their residence their new address must be notified. Neither of them may smoke on the journey, if requested by a passenger not to do so. A table of fares must be put up inside the carriage. It is an 10—2 148 WORK AND LABOUR. oflfenoe to demaucl more than the legal fare. At the completion of the journey it is the duty of the conductor to search the vehicle and, within twenty-four hours, to take to the nearest police station any lost property he may find. The Town Police Clauses Act, 1889, deals with omnibuses working within the limits prescribed by any local Act that adopts the provisions of the Town Police Clauses Act, 1847. Those hired for particular passengers from livery stables, those used by a railway company to or from a station, and those starting outside and bringing passengers within the limits and in any such case do not ply for hire within the limits, are not included. Omnibuses are of course stage carriages, and many pro- visions with modifications (and subject to local bye-laws) are made for them similar to those for metropolitan stage carriages. Tramwaj- cars are stage carriages and work on them is regulated, subject to the provisions of the special Act, by bye-laws. The regulations in force in the Metropolis provide that the speed shall not exceed nine miles an hour, that there is to be 100 yards between a car and one that is following it and that no car shall stop within ten yards of another on the parallel lines. Passing on to hackney carriages in the Metropolis, we will first refer to some statutor}' regulations applying only to that district and later to some that equally apply to some other districts. The number of passengers the vehicle is licensed to carry must be painted and the number of the vehicle be affixed on the outside. The driver must wear his number ticket conspicuously when employed. He may ply onl}' at some appointed standing or place. It is an oiffence to wrongfully take away a fare that another driver is fairlj"" entitled to. The hiring is by distance, unless time be mentioned at the time of hiring, and a reasonable amount of luggage must be carried if desired. The cab need not STAGE AND HACKNEY CARRIAGES. 149 be driven by time between 8 o'clock p.m. and 6 o'clock a.m., or for longer than one hour, nor for more than six miles. The rate of speed must be reasonable and not less than six miles an hour. A check string must be held in the hand while driving anyone. No one may be carried without the consent of the hirer. The cab must not be withdrawn from use for more than two consecutive days or for more than two days in any week, except upon ten days' notice. At the end of each journey it must be searched and lost property must be taken to the nearest police station within twenty-four hours. The London Cab Act, 1896, gave cabmen special remedies against fraudulent passengers. The following applies to hackney carriages not only in the Metropolis but in those districts whose local Acts have incorporated the provisions of the Tdwn Police Clauses Act, 1847. The veliicle must be licensed and so must the driver. The number of persons that the vehicle is licensed to carry (and no more) must on request be carried to any place to which the driver can lawfullj' obtain access. A person with an infectious disease must not be knowingly carried in the Metropolis and should such a person be carried in any of these districts disinfection must imme- diately follow. An agreement to pay more than the legal fare is not binding but an agi'eement to pay less binds the cabman. In no case may more than the legal fare be demanded and, if such be paid, it may be recovered. When the hiring is by distance and the driver is requested to wait, lie is entitled to be paid for doing so and to receive a deposit as security for payment. A change of residence must be duly notified. Motor cars are " carriages " and they may be stage carriages or the}' may be hackney carriages, according to the purpose for which they are used. They are specially legislated for by the !Motor Car Acts, 1890 150 WORK AND LABOUR. and 1003, and are regulated by orders of the Local Govennnent Board. They must be registered, numbered ami marked, and, if they are not, the driver is resijonsible. The drivers, who must be over 17 years of age, or 14 in the case of cycles, are licensed annually. No car may be driven at a greater speed than twenty or, in certain notified places, ten miles an hour. Stringent provisions, including that conferring power of arrest without warrant, protect the public against reckless or negligent drivers. The Acts apply to persons in the public service of the Crown. PART I. Stage Carriages (Gkeat Britain). Regulations that apply only to Stage Carriages tJirongJioiit Great Britain. The following abbreviations are used in this Part of this Chapter : — S. C. A. 32 ... Stage Carnages Act, 1832 (2 & 3 Will. IV. c. 120). L. H. C. A. 33 ... London Hackney Carriages Act, 1833 (3 & 4 Will. lY. c. 48). R. P. D. A. 42 ... Railway Passenger Duty Act, 1842 (5 & 6 Vict. c. 79). M. P. C. A. 69 ... Metropolitan Public Carriage Act, 1869 (32 & 33 Vict. c. 115). Stage Carriage. — In any legal proceeding under the Stage Carriages Act, 1832, if the carriage is upon any highway or other road, having painted upon it the Chris- tian name and surname of the proprietor, it is deemed a stage carriage, unless the contrary be proved (a). (a) S. C. A. 32, ss. 7, 36. S. 5, giving a definition of a stage carriage as any carriage drawn by animal power and for which separate fares were charged, was repealed by Revenue Act, 1869 (32 k 33 Vict. c. 14), s. 39 ; but see JI. P. C. A. 69, s. 4, 2>ost, p. 153. STAGE CARRIAGES (GREAT BRITAIN). 151 The Christian name and surname of the proprietor must be painted upon the vehicle in letters at least one inch in heiglit (h). The number of passengers it is constructed to carry must be painted in words one inch at least in height on the back of the outside and on the inside (c). Accommodation. — No greater number of passengers than the vehicle is constructed to carr^'may be carried (d). At least sixteen inches in width of seating space must be allowed for each passenger, exclusive of children under 5 years of age sitting on laps (e). Any constable or passenger may, if he suspects an excess of passengers are or are going to be carried, measure the seats (/). Outside Passengers. — If the roof be more than 8 ft. 9 in. from the ground or the space between the centre of the tyres of the oflf and near wheels be less than 4 ft. 6 in., there may only be carried outside 5 passengers, if the vehicle is constructed to carry 9 passengers in the whole, or 8, if 12, or 11, if 15, or 12, if 18, and not more than 2 additional for every 3 additional in the whole (<7). No one may sit on the luggage on the roof, nor more than one, besides the driver, on the box (/i). Luggage* — No luggage may be carried on the roof, if the roof be more than 8 ft. 9 in. high or the space between the centre of the tyres of the off and near wheels be less than 4 ft. 6 in. (i). Outside luggage must not exceed 10 ft. 9 in. in height from the ground, if there are (6) S. C. A. 32, ss. 6, 7, 36. (c) R. P. D. A. 42, 3. 14. (d) lb. ss. 13, 15. (e) lb. 8. 13. (/) lb. s. 16. (g) lb. H. 17. ih) L. H. C. A. 33, s. 4. (0 S. C. A. 32, s. 37. The revised statutes contain the provisions of that section relating to outside passengers, wliich were repealed by L, H. C. A. 33, H. 1. 152 WORK AND LABOUR. four or more horses, or 10 ft. 3 in., if there are two or three {k). Driver. — A driver of three or more horses must not leave the box without reasonable occasion or for longer than is absolutely required or without either handing the reins to some fit and proper person or seeing that some one is standing at the horses' heads. He must not allow any other person to drive (kk). Tramways. — Work on a tramway is regulated, subject to the provisions of the special Act, in some respects by the local authority and in others by the promoters and their lessees (l). The local or other authority have the like powers as they have in the case of hackney carriages to make regulations and grant licences and fix standings (m). PART II. Stage Carriages (The Metropolis). Regulations that apply only to Stage Carriages in the Metropolis. The following abbreviations are used in this Part of this Chapter : — L. H. C. A. 31 ... London Hackney Carriage Act, 1831 (1 & 2 Will. IV. c. 22). L. H. C. A. 43 ... London Hackney Carriage Act, 1843 (6 & 7 Vict. c. 86). L. H. C. A. 53 ... London Hacknej" Cari'iage Act, 1853 (16 & 17 Vict. c. 33). M. S. A. 07 Metropolitan Streets Act, 1867 (30 .1' 31 Vict. c. 134). (A) S. C. A. 32, s. 43. {kk) lb. s. 47. (0 Tramwa)'s Act, 1870 (83 & 34 Vict. c. 78), s. 46. The metropolitan by-laws are set ontpost, p. 154. (r/i) lb. s. 48. STAGE CAERIAGBS (THE METROPOLIS). 153 M P C. A. 69 ... Metropolitan Public Carriage Act, 1869 (32 & 33 Vict, c. 115). M. S. A. 85 Metropolitan Streets Act, 1885 (48 & 49 Vict. c. 18). Stage Carriage.— Any can-iage for the conveyance of passengers which plies for hire in any public street, road or place within the metropolitan police district and the City of London and the liberties thereof and in which the passengers or any of them are charged separate and distinct or at the rate of separate and distinct fares for their respective places or seats therein is a stage carriage (h), but a stage carriage which on every journey goes to or comes from some town or place beyond those limits is not deemed to be a carriage plying within those limits (o) . The words "Metropolitan Stage Carriage" must be painted upon it inside and out (j;). The carriage and all its furniture and appointments and the harness must be kept in perfect order by the proprietor (q). There must be a lighted lamp inside between sunset and sunrise (r). A table of fares must be painted in a conspicuous manner inside (s). Riding on Steps.— No one is allowed to ride upon the steps or in the place provided for the conductor (t). Stopping.— The Lord Mayor and Aldermen in the City and in the Borough of Southwark (w), and elsewliere the Commissioner of Police may fix the time for remaining at places, plying for passengers {x). Drivers nmst not within six (?/) miles of Charing Cross stop to taUe up or in) M. P. C. A. C9, ss. 2, 4. (s) L. H. C. A. 43, s. 7. (0) lb. s. 5. «) ^l'- «• 33. {p) L. H. C. A. 43, s. 7. (") ^''- «• 32. (g) Or. Aug. 18, 1897, 12 (e). (.t) lb. s. 29. (r) L. H. V. A. 53, .s. 14. {y) M. S. A. 85. 154 WORK AND LABOUR. set down except as near as may be to the near side of the road (*) at any prohibited place (a). Search. — Immediately after the completion of any journey, the conductor must search the vehicle for property left therein aiul must, in the absence of the owner, take anything he finds to the nearest police-station within twenty-four hours. He may be remunerated for so doing (b). Offences. — It is an offence for a driver or conductor to cause obstruction by loitering or to cause delay (c) or to wilfully deceive in respect of the route or to refuse unreasonabl}' to carry anybody or to demand more than the legal fare or, except in case of unavoidable necessity, to stop opposite the end of any street or upon any place where foot passengers cross or to ply by blowing a horn within three miles of the General Post Office ((f). Neither the driver nor the conductor is permitted to smoke after objection is taken by a passenger (e). Tramways (/). — Subject to the provisions of the special Act, the following by-laws and regulations are to be observed by all tramway companies and persons running carriages on the roads in which tramways are laid within the Metropolis (g) : — 1. The rate of speed to be observed for tramway traffic shall in no case exceed nine miles an hour nor shall it be less than six miles an hour, excepting on inclines and curves of a radius of sixty feet and under. (z) M. S. A. 67, 8. 8. (a) lb. s. 14. (I) M. P. C. A. 69, s. 9 (5) ; Or. Aug. 18, 1897, 29, 30, -31. (c) See also Metropolitan Police Act, 1839 (2 & 3 Vict. c. 47), s. 54 (6) ; aud Police (City of London) Act, 1839 (2 & 3 Vict. c. xciv.), s. 35 (6), post, p. 261. (d) L. H. C. A. 43, s. 33 ; L. H. C. A. 31, s. 40. («) Ih. 3. 33. (/) See ante, p. 152. (g) Tramways Act, 1870 (33 k 34 Vict. c. 78), s. 46 ; By-laws, Aug. 6, 1875. See Archibald's Met. Police Guide (3rd ed.), p. 1304. STAGE CAKRIAGES (THE METROPOLIS). 155 2. No carriage using a tramway shall follow another carriage using the same tramwa}- at a less distance from such other carriage than one hundred yards, except at junction points and on single lines of tramway. 3. No carriage using a tramway shall stop, except at junctions or terminal stations or when necessary to preserve the distance required by by-law No. 2 or when changing horses or when required to take up or set down a passenger, and then no longer than is absolutely necessary. No carriage using a tramway shall stop within ten yards of another carriage on a parallel line of tramwa}'. 4. No person shall in any way wilfully impede or interfere with the traffic on a tramway. 5. No driver of an omnibus or other stage carriage, other than a carriage using a tramway, shall stop to take up or set down passengers except as close to the kerb as possible. 6. Any person infringing any of the foregoing by-laws shall be subject to a penalty not exceeding 40s. for each offence. PART III. Hackney Carriages (The Metropolis). Regulations that apply only to Hackney Carriages in the Metropolis. The following abbreviations are used in this Part of this Chapter : — L. H. C. A. 31 ... London Hackney Carriage Act, 1831 (1 & 2 Will. IV. c. 22). L. H. C. A. 43 ... London Hackney Carriages Act, 1843 (G &. 7 Vict. c. 86). 156 WOliK AND LABOUR. L. II. C. A. 50 ... London Hackney Carriages Act, 1850 (13 & 14 Yict. c. 7). L. H. C. A. 53 ... London Hackney Carriage Act, 1853 (16 .t 17 Vict. c. 33). Ij. H. C. a. 53 (No. 2) . . . London Hackney Carriage (No. 2) Act, 1853 (16 .^- 17 Vict, c. 127). M. S. A. 67 Metropolitan Streets Act, 1867 (30 .^^ 31 Vict. c. 134). M. P. C. A. 69 ... Metropolitan Public Carriage Act, 1869 (32 tl- 33 Vict. c. 115). Hackney Carriage. — Hackney carriage means any carriage for the conveyance of passengers which plies for hire within the metropolitan police district and the City of London and the liberties thereof and is not a stage carriage (Ji). The number of persons the carriage is licensed to carry must be painted on the outside (/). No one may ride or be carried in or upon or about a hired carriage without the express consent of the hirer (k) nor, whether hired or not, may the driver allow anyone besides himself, not being the hirer or some one employed by him, to ride on the driving box (1). The vehicle must be carefully searched after every hiring and property left in it be taken to the nearest {h) L. H. C. A. 31, s. 4 ; M. P. C. A. 69, ss. 2, 4. A carriage on premises of a railway company, on contract to await the trains for the conveyance of any passengers who may choose to hire it is a hackney carriage, and must be licensed : Clarke v. Stanford (1871), L. R. 6 Q. B. 357 (Banc) ; Allen v. Tunhridgc (1871), L. R. 6 C. P. 481 (Banc). And see Bateson v. Oddy (1874), 43 L. J. il. C. 131 (Banc). As to the meaning of stage carriage, see ante, pp. 150, 153. (t) M. P. C. A. 69, s. 9 (1) ; Or. Aug. 18, 1897, 19. \k) L. H. C. A. 31, s. 50. (I) L. H. C. A. 43, s. 33. HACKNEY CARRIAGES (tHE METROPOLIS). 157 police station within twentj'-four hours. The driver is entitled to be remunerated bj' the owner of the property (m). If a cab be left unattended in a street or at a place of public resort, a policeman may drive it to some neighbouring livery stables (»). Plying for Hire.— The driver must not ply for hu'e, except at some appointed standing or place (o), or stand or ply for hire opposite the Post Office in St. Martin 's-le- Grand (j)) or in or near Bloomsbury Square (q). Cabstands are appointed and regulated by the Commissioner of Police (?•). It is possible that a man might ply for hire with a carriage by going round touting for customers without exhibiting the carriage (s). A driver may pi}-- for hire on Sunday and if he does he is compellable to drive as on other days (0- It is an offence to ply for hire with a carriage or a horse unfit for public use (u). If a numbered hackney carriage be standing in a street or place, it is deemed to be plying for hii*e {x). (m) L. H. C. A. 53, s. 11 ; M. P. C. A. 69, s. 9 (o) ; Or. Aug. 18, 1897,29—31. (n) L. H. C. A. 31, 9. 55. (o) L. H. C. A. 43, s. 33. This does not apply to private property which the public frequent, but over which there is no right of way ; Skinner v. Usher (1872), L. R. 7 Q. B. 423 (Banc). See Marls v. Ford (1881), 45 J. P. 157 (Div. Ct.) ; Foinett v. Clarke (1877), 41 J. P. 359 (Banc). ip) Post Office (Offences) Act, 1837 (7 Will. IV. and 1 Vict. c. 36), s. 8 ; L. H. C. A. 43, 3. 31. (q) Bloomsbury Square Act, 1806 (46 Geo. III. c. cxxxiv.) ; L. H. C. A. 60, 8. 6. (r) L. H. C. A. 50, s. 4 ; L. H. C. A. 53, s. 12 ; L. II. C. A. 43, s. 30 ; M. P. C. A. 69, 8. 9 (2). (s) Per Channell, J., Cavill v. Amos (1900), 64 J. P. 309 (Div. Ct.). {t) L. H. C. A. 31, 8. 37. (u) L. II. C. A. 63, s. 17 (3). {x) L. H. C. A. 31, 8. 35. This means a public place, not a railway station : Case v. Storey (1868), L. R. 4 Ex. 319 (Banc). 168 WORK AND LABOUR. Duties of Driver. — The driver, if plying for hire and not actually hired, is obliged to go with a person desirous of hiring the carriage {y). The driver must, if requested, take as many persons as (and no more than) are mentioned on the vehicle or it is licensed to carry and carry them, together with a reason- able amount of luggage (z), to any place to which he can lawfully obtain access (a). He need not drive for more than six miles or, if by time, for more than one hour (h). He need not drive by time between 8 o'clock p.m. and 6 o'clock a.m. (c). Any person may require to be driven for a stated sum of money a distance in the discretion of the driver and, if the legal distance be exceeded, no further fare must be demanded (d). The table of distances issued by the Commissioner of Police is conclusive evidence of the accuracy of its contents (e). The carriage must be driven at a reasonable and proper speed not less than six miles an hour, except in cases of unavoidable delay or when required by the hirer to drive slower (/). The driver must hold a check string or wire in his hand while driving any person (g). (y) L. H. C. A. 31, s. 35. See ib. s. 36 ; L. H. C. A. 53, s. 17. (2) As to what is luggage, see Mew's Digest, " Gamers." (a) L. H. C. A. 53, ss. 8, 9, 17 (2) ; M. P. C. A. 69, s. 9 (1) ; Or. Aug. 18, 1897, 20, 25 ; Ex ]). Kimnns (1897), 1 Q. B. 1 (Div. Ct.). (I) L. H. C. A. 53, 8. 7 ; M. P. C. A. 69, s. 9 (2) : Or. Aug. 18, 1897, 27. (c) L. H. C. A. 53, Sched. A. (d) L. H. C. A. 31, s. 44. (e) L. H. C. A. 53, s, 6 ; M. P. C. A. 69, s. 9 (4). (/) L. H. C. A. 53, s. 17. S. 7 provides for au increase of fare if tlie hiring be by time and a request be made to drive more than four miles an hour. The eectious are inconsistent. (g) L. H. C. A. 31, s. 48. HACKNEY CARRIAGES (THE METROPOLIS). 159 Fares. — Fares are regulated by the Secretary of State (/O. The hiring is by distance unless time is expressed at time of hirmg (i). If there are two horses, one-third more than the ordinary fare must be paid (/i). If a hackney carriage is hired by distance and is requu'ed to wait, the driver may demand a reasonable sum as a deposit to be accounted for (l) and an extra charge may be made for every completed fifteen minutes, either in one stoppage or several stoppages (w). An agreement to pay more than the legal fare is not binding, and over-jjayment may be recovered back {n). If there be an agreement for less than the legal fare the driver may not exact or demand more (o). It is an ofience for a driver to demand or take more than the proper fare (p). A table of fares is fixed upon every hacknej' carriage (q) and the driver, if requested to do so, must produce a book or table with these fares and the proprietor's name and address upon it (r). Compensation. — If anyone refuses to pay his fare or injures a cab, he may be ordered b}^ a magistrate to pay damages and to compensate the driver for his loss of time (s). Compensation out of a fine imposed may be (h) M. P. C. A. G9, s. 9 (3) : Or. Aug. 18, 1897,22 et scq. See M. S. A. 67, s. 26. (i) Or. Aug. 18, 1897, 21. (k) L. H. C. A. 53, Sched. A. (Z) L. H. C. A. 31, s. 47. (vi) L. H. C. A. 63, s. 4 ; M. P. C. A. 69, s. 9 (3) ; Or, Aug. 18, 1897, 26. (n) L. H. C. A. 31, s. 43. (o) Jb. s. 45. {p) L. H. C. A. 63, s. 17 : Or. Aug. 18, 1897, 21 d serj. {(/) Or. Aug. 18, 1897, 7. (r) L. H. C. A. 63, s. 5 ; Or. Aug. 18, 1897, 28. (s) L. H. C. A. 31, s. 41. Complaint must be made within seven days : L. H. C. A. 43, s. 38. 100 WORK AND LABOUR. pnid to a driver, if any person hires a cab knowing or having reason to beUeve that he cannot pay the lawful fare or with intent to avoid payment of the lawful fare or fraudulently endeavours to avoid payment of a fare lawfully due from him or, having failed or refused to pay a fare lawfully due from him, either refuses to give to the driver an address at which he can be found or, with intent to deceive, gives a false address (t). Compensa- tion for loss of time may be ordered to be paid to a driver who has been improi)erly summoned (u). Offences. — The following are some specific offences : obstruction by loitering or wilful misbehaviour (x), standing across a street, common passage or alley or within eight feet of the curbstone thereof or alongside any other hackney carriage or two in a breadth, feeding horses, except out of a bag or with hay held with the hands, refusing to give way to a private coach or other carriage, if it conveniently can be done, obstructing another hackney carriage taking up or setting down, wrongfully, in a forcible or clandestine manner, taking away a fare that another driver is fairly entitled to (y), intoxication, furious driving, wilful misconduct, insulting language or rude behaviour to anyone, obstructing the police (z). Master and Servant. — The proprietor is, so far as the public is concerned, responsible for the acts of the driver, as if the relationship of master and servant existed between them (a). (t) London Cab Act, 1896 (59 & 60 Vict. c. 27). (m) L. H. C. a. 31, ss. 36. 57. {x) L. H. C. A. 43, s. 33. (!/) L. H. C. A. 31, s. 51. {/) L. H. C. A. 31, 8. 66 ; L. H. C. A. 43, s. 28. («) Keen v. Henry (1894), 1 Q. B. 292 (C. A.); King v. London Improved Cab Co. (1889), 23 Q. B. D. 281 (C. A.) ; overruling King v. Spurr (1881), 8 Q. B. D. 104 (Div. Ct.), and aiiproviug Powles v. Hider (1856), 25 L. J. Q. B. 331 (Banc), and VenaUes v. Smith (1877), 2 Q. B. D. 279 (Banc). STAGE AND HACKNEY CARRIAGES (tHE METROPOLIS). 161 PART IV. Stage and Hackney Carriages (The Metropolis). Regulations that apply to both Hackney and Stage Carriages in the Metropolis. The following abbreviations are used in this Part of this Chapter : — L. H. C. A. 31 ... London Hackney Carriage Act, 1831 (1 &2 Will. IV. c. 22). L. H. C. A. 43 ... London Hackney Carriages Act, 1843 (G & 7 Vict. c. 86). L. H. C. x\. 50 ... London Hackney Carriages Act, 1850 (13 & 14 Vict. c. 7). L. H. C. A. 53 ... London Hackney Carriage Act, 1853 (16 & 17 Vict. c. 33). L. H. C. A. 53 (No. 2) . . . London Hackney Carriage (No. 2) Act, 1853 (16 Sc 17 Vict. c. 127). :\r. S. A. 67 Metropolitan Streets Act, 1867 (30 & 31 Vict. c. 134). M. P. C. A. 69 ... Metropolitan Public Carriage Act, 1869 (32 & 33 Vict. c. 115). Advertisements. — No advertisement, printed bill, names, letters or number may appear upon the outside of a vehicle in such a manner as to obstruct the light or ventilation or on the inside in such i)osition that such notice, advertisement or printed bill obstructs the light or ventilation or causes annoyance to any passenger inside (6). No printed, written or other matter may appear by way of advertisement inside or outside unless it is approved by the Commissioner (c). (t) L. H. C. A. 53, s. 15. (f) Or. Aug. 18, 1897, 12(e). W.L. 11 162 WORK AND LABOUR. Licence for Vehicles. — No veliicle may ply for hire ill any pubhc street, roiul or place unless it is licensed (d). The licence costs 2/. (c), remains in force for a year and is transferable on death or marriage (/). It is only granted to persons over 21 years of age (//) and, if owned jointly, to the senior partner of a partnership or to the secretary or manager of a company (/i). It may be suspended if the vehicle or the horses be unfit for public use (0- It is void if it be erased or defaced (k). When the licensee ceases his connection with the business he may enjoin the contmued user of his name (0. An excise duty is payable on every vehicle {m). Driver's and Conductor's Licence. — No one may, unless there be unavoidable necessity and then for not more than twenty-four hours, act as a driver or conductor without a personal licence (»). Licences are issued to fit persons, not under 21 years of age (o). They remain in force for a year and cost 5s. (j)). A licence is retained by the proprietor of the vehicle while the licensee is in his service but it may be endorsed with offences by a justice of the peace (q). The proprietor must enter on the licence his own name and address and the days on which the licensee enters and quits his (d) M. P. C. A. 69, ss. 6, 7, 11. (e) Or. Aug. 18, 1897, 3—5. (/) M. P. C. A. 69, s. 6. {g) Or. Aug. 18, 1897, 1. (h) lb. \0. (i) L. H. C. A. 53, s. 2 ; Or. Aug. 18, 1897, 15. (it) Or. Aug. 18, 1897, 14. {I) Uodges V. London Trams Omnibus Co. (1883), 12 Q. B. D. 105 (Div. Ct.). (m) Customs aud Inland Revenue Act, 1888 (51 k 52 Vict. c. 8), s. 4. The duty on an omnibus is two guineas: Hickman v. Birch (1889), 24 Q. B. D. 172 (Div. Ct.). (m) L. H, C. a. 43, s. 10. (o) 7Z». s. 8 ; M. P. C. A, 69, .s. 11 ; Or. Aug. 18, 1897, 16. See Ex p. Mitcham (1864), 33 L. J. Q. B. 325 (Bane). (i?) M. P. C. A. 69, s. 8 ; Or. Aug. 18, 1897, 17. (g) L. H. C. A. 43, s. 21. STAGE AND HACKNEY CARKIAGES (THE METROPOLIS). 163 service (/•)• If ^^ makes any prejudicial statement thereon it is actionable and compensation may be awarded in respect of it (s). He must, if it be demanded, return the licence at the expiration of the service or, within twenty-four hours of such demand, deposit it at the police court and apply for a summons {t). If the particulars on the licence be erased or defaced the licence is void {u). It may be revoked or suspended by a justice of the peace (a;). Within three days after a licence has expired it and the ticket must be delivered to the Commissioner of Police {y). The driver of a hackney or stage carriage propelled by steam must have a special licence (z). Ticket. — A metal ticket, with the licensee's office or employment and his number upon it, accompanies the licence (a). If it be lost or defaced a new one can be obtained for ds. {h). It must be worn conspicu- ously upon the breast during employment or at any hearing before any justice of the peace (c). Residence.— Change of abode must be notified to tlie Commissioner of Police within two dayB(. 173. (a) L. H. C. A. 43, s. 8. (/>) lb. s. 19. See L. ]I. C. A. 50, s. 2. (c) L. H. C. A. 43, K. 17. (d) lb. s. 15 ; L. H. C. A. 50, s. 2. 161 WORK AND LABOUR. Meti-opolis ((■) or any stftge carriage in the City (/) during the hours of divine service on Sunday, Christmas-Day, Good Friday and any day of public fast or thanksgiving. Number Plate. — A phito with the number of the vehicle must be aflfixed inside and outside of hackney carriages and outside stage can-iages {(/). Withdrawal of Vehicle. — Unless ten days' notice be given to tlie Commissioner of Police, the vehicle must not be withdrawn without just cause for two consecutive days or for any two days in one week (/t). Misbehaviour. — If a man be guilty of wanton or furious driving, or by carelessness or wilful misbehaviour causes any hurt or damage to any person or property being in any street or highway, or during his employ- ment be drunk, make use of any insulting or abusive language, or be guilty of any insulting gesture or mis- behaviour, he may be fined £3 or imprisoned for two months. The proprietor may, in the first instance, be ordered to pay compensation not exceeding £10 to any person who has suffered such hurt or damage (i). Such an order is a bar to further proceedings in respect of the same damage {k). Complaints can only be made to the Court within seven days from the date of the offence {I). A proprietor may be summoned to produce before the Court the driver or conductor (?/i). No one may drive or act as conductor without the consent of the proprietor {n). (e) Metropolitan Police Act, 1839 (2 & 3 Vict, c, 47), s. 51. (/) Police (City of London) Act, 1839 (2 k 3 Vict. c. xciv.), s. 20. (g) M. P. C. A. 69, s, 6 : Or. Aug. 18, 1897, 6. (A) L. H. C. A. 53 (No. 2), s. 16. (0 L. H. C. A. 43, s. 28. In B. v. Loates (1904), The Tiroes, Mar. 21 (Stip. Mag.), the London County Council was ordered to pay compensation under this section. See L. H. C. A. 31, ss. 27, 28. {k) Wrirjht V. L. G. 0. Co. (1877), 2 Q. B. D. 271 (Banc) [I) L. H. C. A. 43, s. 38. (w) lb. s. 35. (n) lb. 8 27. STAGE AND HACKNEY CARKIAGES (THE METROPOLIS). 165 Disputes-— Disputes between the men and the pro- prietor may be settled by a justice of the peace (o), but it is not lawful in any court of law or before any justice of the peace to enforce the payment of any sum of money claimed by a proprietor on account of the earnings of a vehicle, except under an agreement in writing signed and witnessed {p). Disease. — A man must not knowingly cairy a person with infectious disease and if he has done so the vehicle must be disinfected. The expenses of disinfection may be recovered from the person carried (q). PART V. Omnibuses (r) and Hackney Carriages (Outside the Metropolis). Regulations that apply to both Omnihmes and Hackney Carriages outside the Metropolis, unless Hackney Carriages are expressly mentioned. The following abbreviations are used in this Part of this Chapter : — T. P. C. A. 47 ... Town Police Clauses Act, 1847 (10 & 11 Vict c. 89). P. H. A. 75 ... Public Health Act, 1875 (38 & 39 Vict. c. 55). T. P. C. A. 89 ... Town Police Clauses Act, 1889 (52 & 53 Vict. c. 14). The principal provisions regarding hackney carriages outside the Metropolis are those of the Town Police Clauses Act, 1847. They apply to such towns or districts (o) Ih. 8. 22. (p) lb. a. 23. Such au aj,'recmeiil is not liable to stainii duty, ih. (q) Piililic Health (London) Act, 1891 (54 & 55 Vict. c. 7(J), s. 70. (/•) For tranicars, .see ante, pp. 148, 152. 1(>(5 WORK AND LAnOUR. rts arc ooiiiprised in an Act of Parliament which declares that they shall be incorporated therewith (s). By this mians they were applied to every urban district (0. Many of those provisions were subsequently applied to omnibuses (u), and the expression " driver " was for that purpose t'xtended so as to include a conductor (.r). Omnibus. — The term " omnibus," when used in the Town Police Clauses Act, 1889, includes: — Every onniibus, char-a-banc, waggonette, brake, stage coach and other carriage plying or standing for hire by, or used to carry passengers at separate fares to, from or in any part of the prescribed distance, but not any tramcar or tram carriage duly licensed under the provisions of the Tramways Act, 1870 (y) or of any provisional order made thereunder and confirmed by Parliament or under the provisions of any local Act of Parliament, any carriage starting from (and previously hired, for the particular i)assengers thereby carried, at) any livery stable yard, (witliin the prescribed distance,) whereat horses are stabled and carriages let for hire, the said carriage starting from the said stable yard and being bond fide the property of the occupier thereof and not standmg or plying for hire within the prescribed distance, any omnibus belonging to or hired or used by any railway company for the conveying of passengers and their luggage to or from any railway station of that company and not standing or pl3'ing for hire within the prescribed distance, or any omnibus starting from outside the prescribed distance and bringing passengers within the prescribed distance and not standing or plying for hire within the prescribed distance (z). (s) T. P. C. A. 47, s. 1. (x) lb. s. 4 (2). (0 P. H. A. 75, ss. 6, 171. " (y) 33 & 34 Viet. c. 78. (m) T. p. C. a. 89. (z) T. P. C. A. 89, s. 3. OUTSIDE THE METROPOLIS. 167 Hackney Carriage.— The Town Police Clauses Act, 1847, provides that every wheeled carriage, what- ever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required bj-- this or the special Act to be fixed upon a hackne}' carnage or having thereon &uj plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise the term " hackney carriage " shall be sufiicient to describe anj' such carriage : provided always, that no stage coach used for the purpose of standing or plying for passengers to be carried for hii*e at separate fares and duly licensed for that purpose and having thereon the proper numbered plates required by law to be placed on such stage coaches shall be deemed to be a hackney carriage within the meaning of this Act (a). In this definition, street includes any road, square, court, allej' and thoroughfare or public passage (b). A licensed hackney carriage continues its character throughout the existence of the licence, even while it is not used in standing or plying for hire in any street and though the number on the plate be covered up (c). Licence for Vehicle. — No vehicle may be driven for hire unless it is licensed or during such time as the licence may be suspended {d). It is granted by the («) T. P. C. A. 47, s. 38. As will appear below, an oinuibus is iiiclmlod for the purposes of some sections : T. P. C. A. 89, s. 4. (i) T. P. C. A. 47, s. 3. This means a public place over which the public have a rij^ht of pa.ssa;,'e, not a private piece of ground used as au approach to a railway station, although it be nut fenced off from the hi^^hway : Curtis v. Emhrcy (1872), L. R. 7 Ex. 36'.) (Banc) ; Jones v. lihoH (1900), 69 L. J. Q. B. 473 (Div. Ct.). [c) Hairkins v. Edwards (1901), 2 K. B. 169 (Div. Ct.). \d) T. P. C. A. 47, ss. 45, 50 ; T. P. C. A. 89, .s. 4 ; P. II. A. 75, s. 171. Tliis cannot be evaded by a notice that the omnibus is free but that voluntary subscriptions are welcomed : Cocks v. Maijacr (1893), 70 L. T. 403 (Uiv. CI.). 1(38 WORK AND LABOUR. Commissioners umler the special Act (<'), and costs 5s. (J'). It renuiins in force for twelve months or until the next general licensinj,' meeting, if one be appointed (o fti'counted for wlieii he is discharged (c). Strangers. — No one is allowed to act as driver or c-oiuhut.ir without the consent of the proprietor of the Vehicle ((/). The proprietor is liable to be ordered to pay a sum not exceeding £5 for any hurt or damage caused by a driver or conductor who has been convicted but he may recover it from the offender {e). No person may be carried in or on a hackney carriage without the express consent of the hirer (/). Obstruction. — It is an offence to stand for hire across any street or alongside any other hackney carriage or omnibus respectively, or to obstruct or hinder any other carriage, or to wrongfully and in a forcible manner endeavour to prevent another hackney carriage being hired (g). Compensation. — Compensation for loss of time may be awarded to a driver or conductor if he is improperly summoned (h). Vehicle Unattended.— If a vehicle be left unattended in any street or place of public resort or entertainment, a constable may drive it to some livery stables or other place of safe custody (i). By-laws. — The Commissioners (A) under the special Act may make by-laws to regulate these employments (l). (c) T. P. C. A. 47, s. 57 ; P. H. A. 75, s. 171. id) T. P. C. A. 47, s. 60 ; T. P. C. A. 89, s. 4 ; P. H. A. 75, s. 171. (e) T. P. C. A. 47, s. 63 ; T. P. C. A. 89, s. 4 ; P. H, A. 75, s. 171. (/) T. P. C. A. 47, s. 59 ; P. H. A. 75, s. 171. iff) T. P. C. A. 47, s. 64 ; T. P. C. A. 89, s. 4 ; P. H. A. 75, s. 171. (A) T. P. C. A. 47, s. 65 ; T. P. C. A. 89, s. 4 ; P. H. A. 75, s. 171. (i) T. P. C. A. 47, s. 62 ; T. P. C. A. 89, .s. 4 ; P. H. A. 75, s. 171. (k) The Commissioners in urban districts are the urban authority : P. H. A. 75, s. 6. (I) T. P. C. A. 47, s. 68 ; T. P. C. A. 89, s. 6 ; P. H. A. 76, s. 171. MOTOR CARS. 171 PART VI. MOTOR CARS. The following abbreviations are used in this Part of this Chapter: — L. H. A. 96 ... Locomotives on Highways Act, 1896 (59 & 60 Vict. c. 36). M. C. A. 03 ... Motor Car Act, 1903 (3 Edw. VII., 0. 36) (m). Or. 03, Art. ... Motor Car (Registration and Licensing) Order, 1903 (No. 998, Nov. 19, 1903), Article. Or. 04, Ai-t. ... Motor Cars (Use and Construction) Order, 1904 (No. 315, Mar. 9, 1904), Article. As there are some and will be many more motors on the road which are eitlier stage or liackne}' carriages (n), to which the law as stated in the preceding pages is or will be applicable, this seems tlie fittest place in which to refer to the work of the drivers of these machines. 1'liose other than " light locomotives " are dealt with in Part XVI. of Chapter XIII. Definition. — A light locomotive or motor car is any vehicle used upon a highway or a roadway to which the public are granted 'access (o) propelled b}' mechanical power under three tons in weight unladen and is so constructed that no smoke or visible vapour is emitted except from a temporary or accidental cause and is not used for the purpose of drawing more than one vehicle (7w) This Act remains in force only until Dec. 31, 1906, unless Parliament otherwise determines : M. C. A. 03, s. 21. (71) L. H. A. 96, s. 1 (1) (b). (o) M. C. A. 03, s. 20 ; Or. 04, Art. 1. 172 WORK AND LABOUR. ^\huli, witli its locomotive, does not exceed in weight unhult'U four tons (p). Carriage. — A light locomotive is deemed to be a carriage within the meaning of any Act of Parliament, whether public, general or local, and of an)' rule, regula- tion or by-law made under any Act of Parliament and, if used as a carriage of any particular class, is deemed to be a carriage of that class and the law relating to carriages of that class applies accordingly (q). Registration. — Every motor car, but not a vehicle drawn by one (r), must be registered with the council of a county or count}' borough, who assign a separate number to every car registered with them (s). The driver is responsible if the car is not registered, unless he has had no reasonable opportunity of registering hit). Mark Plates. — A plate on which is the mark indi- cating the number of the car and the registering council must be affixed both in front of and at the back of the car or of a vehicle attached to it, as the case may be (u). Between one hour after sunset and one hour before sunrise, the mark at the back of the car or of the vehicle attached must be illuminated b}' a lamp (x). The driver is responsible if the mark be not properly fixed or be in any way obscured, unless he has taken all (p) L. H. A. 96, s. 1 ; M. C. A. 03, s. 20 ; Or. 04, Art. 1. In these weights the weight of water, fuel, or accumulators, is not included : L. H. A. 96, s. 1 (2). The Local Government Board may, by regula- tions, increase these weights with respect to any specified class of vehicle : M. C. A. 03, 8. 12. As to the construction of motor cars, see Or. 04, Arts. 2, 3. (q) L. H. A. 96, s. 1 (1) (b). {r) M. C. A. 03, 8. 20. («) lb. a. 2 (1). See Or. 03, Arts. 1—6. Vehicles di-awn by motor cars need not be registered or numbered : M. C. A. 03, 8. 20. it) M. C. A. 03, s. 2 (4) (rt). (u) Jb. s. 2(2). See Or. 03, Arts. 7—10, 12. (x) L. H. A. 96, s. 2 ; Or. 03, Art. 11. MOTOR CARS. 173 steps reasonably practicable to prevent the mark being obscured (y). Bell. — A bell or other instrument capable of giving audible and sufficient warning must be carried (z). Lamp. — Between one hour after sunset and one hour before sunrise a lamp, showing a white light in front and a red one behind, must be attached to the oif side («). Licence. — Every person who drives a motor car must be licensed. A council must grant a licence to drive on payment of a fee of 5s. to anyone over 17 3'ears of age (or over 14 in the case of cycles) who resides in the county and is not disqualified b}' reason of having com- mitted some offence under the Act (6). If it is lost or defaced a duplicate can be obtained for Is. (c). A licence remains in force for twelve months and may then be renewed (d). It must be produced when demanded by a police constable (e). A licence may be endorsed or suspended and the holder disqualified from obtaining another one, if the holder be " convicted of an offence under this Act or of any offence in connection with the driving of a motor car other than a first or second offence consisting solely of exceeding any limit of speed fixed under this Act"(/). Driving. — The driver must not cause a car to travel backwards further than is requisite for safety or con- venience. He must take precautions against it being started in his absence, keep to his near side, sound his bell when necessary (g) and when stopping, except (y) M. C. A. 03, 8. 2 (4). (z) L. H. A. 96, s. 3. (a) lb. s. 2 ; Or. 04, Art. 2(7). (b) M. C. A. 03, 8. 3 ; Or. 03, Arts. 14—19 (c) Or. 03, Art. 17. {'I) M. C. A. 03, 8. 3 (3). {«) lb. 3. 3 (4). (/) lb. 8. 4. ig) Or. 04, Art. 4. 174 WORK AND LABOUR. through traffic, stop the luachiner}' so far as ma}' be uecessarv for the prevention of noise (h). If a police constable in uniform or a person having charge of a horse request or put up his hand for the purpose of requesting a car to be stopped, the driver must cause it to be stopped and to remain stationary so long as may be reasonably necessary (i). No one may in any circumstances drive a motor car on a public highway at a speed exceeding twenty miles an hour. AVitliin any limits or place referred to in regulations made by the Local Government Board with a view to the safety of the public, on the application of the local authority of the area in which the limits or place are situate, a person may not drive a motor car at a speed exceeding ten miles per hour (A:). The local authority must signify such limits and places, together with dangerous corners or cross-roads or precipitous places, by signs on or near the highway (l). No person ma}' drive a motor car recklessly or negligentl}' or at a speed or in a manner which is dangerous to the public, having regard to all the cir- cumstances of the case, including the nature, condition, and use of the road and to the amount of traffic which is at the time actually or which might reasonably be expected to be on the road (ni). Special Places. — The Local Government Board ma}' prohibit or restrict the driving of any motor cars or of any special kind of motor cars on any specified highway or part of a highway which does not exceed sixteen feet in width or on which ordinary motor car traffic would, in their opinion, be especially dangerous («). A local authority may make by-laws preventing or re- stricting the use of these cars on bridges within its area (o). (h) Or. 04, Art. 5. (m) Ik ss. 1, 20. (0 lb. Art. 4 (6). (h) lb. 6. 8. See L. H. A. 96, s. 6. (t) M. C. A. 03, s. 9 (1). (o) L. H. A. 96 s. 1 (1) (a). (/) lb. s. 10. MOTOR CARS. 175 No one may drive a motor car on or over Menai Bridge, except one under three tons unladen and not used for the purpose of drawing more than one vehicle and, then, at a speed not exceeding four miles an horn' (p). Accident. — If an accident occurs to any person, whether on foot, horseback or in a vehicle or to an}' horse or vehicle in charge of any person, owing to the presence of the motor car on the road, the driver must Btop and, if required, give his and the owner's name and address and the registration mark or number of the car (q). Arrest. — A driver may be arrested by a constable without a warrant if he sees him driving recklessly or negligentl}' or should the driver refuse on demand to give his name and address or to produce his licence or if the car does nut bear the requisite marks (r). Should he refuse to give or gives falsely his name or address, the owner must give all the information in his power which may lead to his identification and apprehension (s). Existing Liability. — The liability of the driver or owner by virtue of any statute or at common law is not affected b}' anything in the Motor Car Act, 1903 (t). Crown. — The provisions of the Locomotives on High- ways Act, 1896 and of the Motor Car Act, 1903 apply to persons in the public service of the Crown {u). (p) M. C. A. 03, s. 17 ; Or. Dec. 1, 1903. (q) lb. s. 6. (r) lb. s. 1 (2). («) lb. sub-s. 3. (0 lb. s. 15. (m) Jb. s. IG. CHAPTER X. ARMY— NAVY— COASTGUARD— POLICE. PART I. Army. The following abbreviations are used in this Part of Army Act (a) (44 & 45 Vict. c. 58). Reserve Forces Act, 1882 (45 & 46 Vict. c. 48). Army (Annual) Act, 1884 (47 & 48 Vict. c.'8). Army (Annual) Act, 1886 (49 & 50 Vict. C.8). Amiy (Annual) Act, 1890 (53 & 54 Vict. c.'4). Reserve Forces Act, 1890 (53 & 54 Vict. c. 42). Army (Annual) Act, 1900 (63 & 64 Vict. c. 5). Reserve Forces Act, 1900 (63 .1- 64 Vict. c. 42). King's Regulations and Orders for the Army. (i.) fVith the Colours. The conditions under which a soldier performs his work are contained principally in the Army Act and the King's Regulations and Army Orders. They deal with (a) See A. A. 90, s. 4. this < Chapter : — A. A. K. F. A. 82 ... A. A. 84 A. A. 86 A. A. 90 R. F. A. 90 ... A. A. 00 R. F. A. 00 ... Re K- ARMY. 177 enlistment, length of service, transfer from one corps to another or to the reserve, discipline, discharge and pensions. The Militia do not come within the scope of this work hut the position of men in the Army Reserve and in the Royal Marines will be stated. On this subject consult " The King's Regulations and Orders for the Army " and ** Manual of Military Law." Enlistment. — The enlistment of a soldier must be by declaration and oath before a justice of the peace (b). It maybe on a Sunday (c). Aliens with His Majesty's con- sent and persons of colour may be enlisted but a corps may not contain more than one alien, other than persons of colour, to every fifty British subjects (d). No question as to the validity of the enlistment or of a re-engagement may be raised after three months' receipt of pay as a soldier (e). A recruit may within three months after attestation of his enlistment obtain his discharge upon payment of 10/. to the Crown, except at such times as transfer to the reserve is suspended (/). A master may claim his apprentice within one month of his enlistment, provided the apprentice be then under 21 years of age and was originally bound for at least four years by a regular indenture and was under 16 years when so bound {[/). Ordinarily enlistment is for general service but a recruit ma}', under regulations made by the Secretary of State, enlist for service in a particular corps (//). A soldier cannot enlist for longer than twelve years or (b) A. A, s. 80. See Reg. 1742. As to enlistment outside the United Kingdom, see s. 94. (c) Woltonw. G-'rtcm (18.50), 16 Q. B. 43 (Banc). id) A. A. s. 95. («) lb. 8. 100. (/) lb. s. 81. ((/) lb. s. 96. (h) lb. s. 82. W.L. 12 178 WORK AND LABOUR. siu'h slunter period as may be prescribed (/). The original ciilistinent inny be either entirely for army service or partly t\)r that and the rest for service in the reserve for such periods as may be prescribed (A). Service. — The Secretary of State may vary the con- ditions of the service so as to permit immediate transfer to the reserve, extension of army service for all or any part of the unexpired residue of the term of the original enlistment or extension of the term of the original enlist- ment up to the full term of twelve years (l) or any shorter period (»/). After the expiration of nine years from the date of his original term of enlistment (n), a soldier may be re-engaged but so that the whole term does not exceed twenty-one years inclusive of previous service in the reserve (o). On or within a year of completion of twenty-one years' seiwice (including service in the reserve), a soldier may give notice of his desire to continue in the army, and, if approved, he may then continue in the service with the right to give a quarter's notice (p). Transfer. — When enlisted for a particular corps he may, with his own consent and in certain cases without his consent, be transferred from one corps to another (5). Tlie service may be prolonged for twelve months after the time a soldier would be entitled to be discharged if that time expires in timejof war or when he be on service beyond the seas or when the reserves are called out(r). In case of imminent national danger or of great emergency, soldiers who would in ordinary ^course be entitled to pass (i) A. A. s. 76. (k) lb. s. 77. (/) lb. s. 78. See Regs. 1743— 1760,[1769 et s'-q. (m) A, A. 00, s. 4. (n) A. A. 86, s. 6. (o) A. A. s, 84. See Regs. 1747—1755. {p) lb. s. 85. See Regs. 1756—1760. (j) lb. s. 83. See Regs. 1761 e/ scq. ir) lb. s. 87. ARMY. 179 into the reserve may by proclamation be continued in army service (s). A soldier who has been invalided from service beyond the seas or who is by reason of his health unfit to go with his corps which has been ordered beyond the seas or who is within two years of the expiration of his original enlistment may be transferred to the reserve (0- Aid to Civil Power. — Troops may be called upon to aid the civil power but no officer, except in cases of great and sudden emergency, may order or take them out except on a requisition in writing or by telegram of a chief constable or magistrate (m)- Savings Bank. — Military savings banks may be esta- blished both at home and abroad except in India (r). Deductions from Pay. — Certain deductions from pay are authorised but they may be remitted (/y). Maintenance of Wife and Children.— A soldier is liable to contribute to the maintenance of his wife and children and of any child in respect of whom a bastardy order has been made against him. Execution may not issue in respect of a maintenance order or decree against his person, pay, arms, ammunition, equipment, instruments, regimental necessaries or clothing but a sum not exceeding 3J. or, in the case of a N.C.O. not below the rank of a sergeant, Gd. per day may be deducted towards the satisfaction of tlie maintenance order (z). Assignment. — Every assignment of or charge on pay, pension, reward or allowance is void, unless made in pur- suance of a Royal Warrant for the benefit of the soldier's family or authorised by an Act of Parliament (a). Where (a) lb. s. 88. (() lb. s. 89. See Regs. 1769 et seq. (?t) Regs. 273 et seq. (x) Military Savings Banks Act, 1859 (22 & 23 Vict. c. 20), s. 2 ; Army Order 88, 1897. (u) A. A., 83. 136, 138— UO. (2) lb. 8. 145. (a) lb. 8.141. \0 2 180 WORK AND LABOUR. poor liiw relief is granted to a pensioner or to any person whom he is liiihh' to niaintnin, tlie guardians may require tlie pension to be paid to them(/^). An order of the Court appointing a receiver of a pension is consequently invalid (r). Will.— The Wills Act, 1837 (). There is a provision enabling seamen to be discharged at any time during their term of service provided they find approved substitutes (p). The term of service may by Royal Proclamation be extended for five years {q). If the commanding officer deem it hazardous to the public service on account of some special emergency to discharge a seaman on the expiration of his term of service, such seaman may be detained for a further six months or until the emergency shall have ceased (r). Pay, Pensions, &C. — Wages are settled on a quarterly settlement (s) but the men may in certnin cases draw moneys on account (t). Pensions and gratuities, according to i egulations, are granted at the discretion of the Admiralty to men who have been injured or fallen sick in the service {u). All pay, wages, pensions, bounty money, grants and other allowances are paid in such manner and subject to such conditions as directed by Order in Council (.t). (n) N. E. A. 84. s. 2. 8ee Regs. 370 d seq. (o) N. E. A. 35, s. 1. ip) lb. s. 9. iq) N. E. A. 53, s. 9. {/•) N. E. A. 35, s. 1. (s) Regs. 1642 cl seq. {<) Regs. 1639 ct seq. Naval savings banks are established on all Hia Majesty's ships. See Naval Savings Banks Act, 1866 (29 k 30 Vict. e. 43) ; Or. Nov. 10, 1866 : Ur. Mar. 2, 1881 : Or. Mar. 10, 1882 : Or. Jan. 30, 1890. (h) Sec Regs. 2134 et seq. (X) N. & M. 1'. & P. A. 65, s. 3. Sec Regs. 1341 et seq.; Or. Dec. 5, 1865. Or. Mar. 28, 1868. Extra iiay wiien on extra duty is inovidcd for by Regs. 1490 el seq., and sjieciul allowances by Kegs. 1365 et seq. 18G WOKK AND LABOUR. Pi-ovision is imuU' lor the allotment (y) and remitting (2) of wages. Any assiginiR'nt, sale or contract in relation to pay, wages or other allowances or to a pension or allowance from the Compassionate Fund or marine half-pay, is void (a). This does not, however, aftect the distribution of salvage, bounty, prize or other moneys by a ship's agent, though assignments of such moneys by petty officers and seamen and by non-commissioned officers and i)rivates of the marines are void vmless made in conformity with the Orders in Council (6). Where poor law relief is granted to a naval pensioner or to any person whom he is liable to maintain the guardians maj-^ obtain a justice's order for the payment of the pension to them{c). Where temporary relief is applied for by such a pensioner, the guardians, as a condition of granting relief, may require him to assign the pension to them (d). Should the wages of a seaman or marine be claimed under an indentm'e of apprenticeship by his master, thej^ will not be handed over to the master miless he produces the indenture and proves that it was in full force during the period for which he claims the wages and that the apprentice was at the time of its execution under 18 years of age and had not previousl}' been at sea (e). Courts-Martial. — Offences (/) against naval discix^line are triable by com'ts-martial(//). [y) Regs. 1656 et seq. (r) See Regs. 1686 et seq. (a) X. & M. P. & P. A. 65, ss. 4, 5. See N. P. A. 84. (6) N. & M. P. k P. A. 65, s. 8 ; N. A. & D. A. 64, ss. 12—15. See Or. Sep. 17, 1900. (c) P. A. 39, s. 4. .See Or. Mar. 15, 1893. (d) P. A. 39, s. 3. (c) X. & M. P. & P. A. 65, s. 7. (/) See N. D. A. ; Regs. 674 et seq., 766 el seq. As to imuishments, see Regs. 720 et seq. (fj) N. D. A., ss. 58 el seq. : N. D. A. 84. See Regs. 626 el seq. NAVY. 187 Sunday. — The ship's company may not be employed on Sundays in any work or duty other than that which the public service may absolutely require (h). Officers in command of His Majesty's ships of war must cause the public worship of Almighty God, according to the liturgy of the Church of England established by law, to be solemnly, orderly and reverently performed in their respective ships and must take care that prayers and preaching by the chaplains in holy orders of the respective ships be performed diligently and that the Lord's Day be observed according to law (^). Arrest for Debt. — A seaman may not be arrested for a debt contracted while he belonged to the service (k). On Discharge. — When a ship is abroad a seaman who is about to become entitled to his discharge has the right to be sent at the earliest convenient opportunity to a port in the United Kingdom, to be there dis- charged, unless retained in the service in consequence of special emergency rendering it hazardous to the public service to send him home at once but he nmst perform the duties of his station and is subject to the discipline of the Navy until he is actually discharged (/). On being discharged from the Navy, a seaman who has served for five years is entitled to a certificate of his service and he is also entitled to a protection from service, i.e., from impressment, for two years. Should he, however, have been discharged, except upon his own application, before the expiration of five years' service, he will only be entitled to protection for one year (m). Will.— The Wills Act, 1837, does not apply to the making of a will by a seaman being at sea {n). (h) Reg. 667. (i) N. D. A., 8. 1. See Regs. 068 ct scq. (A) N. ]). A., 8. y? ; aiul see ib. s. 98. (/) N. E. A. 35, s. 1. {vi) lb., s. 2. (n) 7 Will. IV. fi 1 Vict. c. 26, s. 11. 188 WORK AND LABOUR. Seftmen's wills are regulated by an Order in Council (o) made under the Xavv and Marines (Wills) Acts, 1865 and 1807 (;>). Property on Death. — Special po\Yers and duties are conferred on the Admiralty as to the disposal of money and effects under its control on the death of a seaman or person in the civil service of the navy (q). Relatives. — On the death of a seaman, his widow is, in certain circumstances, entitled to a pension (r) and his children are educated (s) and receive an allowance from the Compassionate Fund(?0. PART III. Coast Guard. The abbreviations used are set out at the head of Part II. of this Chapter. From the earliest times there were a number of forces upon the coast for the purpose of protection against inva- sion and to prevent smuggling. The}' used to be raised and paid by the maritime counties. In 1856 it was resolved to reorganise the coastguard service and the Admiralty was empowered to raise and maintain such a force not exceeding 10,000 men. The coastguard is, therefore, now raised and governed by the Admiralty (0, and all the rights, powers and duties (o) Or. Dec. 28, 1865. (;>) 28 k 29 Yict. c. 72 ; 60 & 61 Vict. c. 15. (q) The Navy and Marines (Property of Deceased) Act, 1865 (28 k 29 Vict. c. Ill) ; X. P. A. 84, s.2 ; Revenue Act, 1889 (52 & 53 Vict. c. 42), s. 30; Or. Dec.28, 1865. (r) See Regs. 2188 et seq., and 2225 ef seq. (s) See Regs. 2218 ct seq. {t) See Coast Guard Service Act, 1856 (19 & 20 Vict. c. 83), s. 3. As to the qualifications needed and conditions to be complied with for admission into the coastguard, see Regs. 3S6 et seq. COAST GUARDS. 189 of the old coastguard existing in 1856 are transferred to a body called " The Coast Guard" («). Coastguardmen are liable on emergency to be called on to serve in the navy (x). Men borne on a naval ship's books have the same rights as naval seamen (?/) of making allotments or remittances of wages (a), of discharge (b) and of counting time for the purposes of pensions (c). Men of the coast guard ma}'^ receive and recover re- muneration for watching or protecting shipwrecked property unless their services were declined at the time they were tendered (f/) and for salvage (e). PART IV. POLICK. The following abbreviations are used in this Part of tliis Chapter : — M. P. A. 29 Metropolitan Police Act, 1829 (10 Geo. IV. c 44). M. P. A. 39 Metropolitan Police Act, 1839 (2 c't. 3 Vict. c. 47). C. P. A. 39 County Police Act, 1839 (2 & 3 Vict. c. 93). P. (C. L.) A. 39 ... Police (City of London) Act, 1839 (2 & 3 Vict. c. xciv.). (m) See Coast Guard Service Act, 18.56 (19 & 20 Vict. c. 83), ss. 2, 6. {x) N. V. A. 53, ss. 13, 15, 21, 22. (?/) Coast Guard Service Act, 1856 {sup.), s. 7. (a) See ante, p. 186. (b) See ante, p. 187. (c) See ante, p. 185. (il) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s, 568. (c) The London Merchant (1837), 3 Hag. Ad. 394 (Sir John Nicholl) ; The Silver Bullion (1854), 2 Spinks E. & A. 70 (Dr. Lushington). 190 "WORK AND LABOUR. C. P. A. 40 County Police Act, 1840 (3 & 4 Vict. c. 88). P. C. A. 42 Parish Constables Act, 1842 (5 & 6 Vict. c. 109). P. C. A. 44 Parish Constables Act, 1844 (7 & 8 Vict. c. 52). T. P. C. A. 47 ... Town Police Clauses Act, 1847 (10 .1- 11 Vict. c. 89). P. C. A. 50 Parish Constables Act, 1850 (13 & 14 Vict. c. 20). M. P. A. 56 Metropolitan Police Act, 1856, (19 & 20 Vict. c. 2). C. & B. P. A. 56 ... County & Borough Police Act, 1856 (19 & 20 Vict. c. 69). C. & B. P. A. 59 ... County & Borough Police Act, 1859 (22 & 23 Vict. c. 32). M. P. A. 60 Metropolitan Police Act, 1860 (23 & 24 Vict. c. 135). P. C. A. 72 Parish Constables Act, 1872 (35 & 36 Vict. c. 92). M. C. A. 82 Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50). P. D. R. A. 87 ... Police Disabilities Removal Act, 1887 (50 & 51 Vict. c. 9). L. G. A. 88 Local Government Act, 1888 (51 & 52 Vict. c. 41). P. A. 90 Police Act, 1890 (53 & 54 Vict. c. 45). P. D. R. A. 93 ... Police Disabilities Removal Act, 1893 (56 cl- 57 Vict. c. 6). P. A. 93 Police Act, 1893 (56 & 57 Vict. c. 10). P. R. (A.) A. 00 ... Police Reservists (Allowances) Act, 1900 (63 & 64 Vict. c. 9). The law relating to the police is another branch that greatly stands in need of codification. It will be seen POLICE. 191 that there are over twenty principal statutes affecting it and practically the same provisions are enacted and re- enacted for each of the various forces. That this is so is shown by the fact that it has seldom been necessary in the following notes to differentiate between those forces, though a proposition may have had to be supported by the citation of several statutes. A constable's wages depends upon the length of his service and the class in which he is serving. If he wishes to leave he must give one month's notice. He may not hold any other office for hire or gain. Pensions, gratuities or allowances are provided in cases of death or incapacity for work or for meritorious service. Carmichael's "Police Acts" should be consulted on this subject. Appointment. — Policemen in counties are appointed bj' the chief constable (/) ; in boroughs, by the watch com- mittee of the town council or the chief constable of the county (g) ; in the Metropolis by the Commissioner of the Metropolitan Police (gg) ; and in the City of London, by the Commissioner of the City Police (/?). The appointment of constables under the Town Police Clauses Act, 1847, is now unnecessary (t). Pai'ish constables can now be appointed only where a resolution of a Court of quarter sessions has determined that the}' are necessary for the preservation of the peace of a parish or the due discharge of business therein (k) or by justices in petty sessions on the aijplication of a parish council (/) . In counties and boroughs a policeman's age when (/) C. p. A. 39, s. 6 ; C. P. A. 40, s. 19. (g) M. C. A. 82, s. 191 ; L. G. A. 88, s. 39. See M. C. A. 82, s. 215. {fj;/) M. P. A. 29, s. 4 ; M, P. A. 39, s. 4 ; M. P. A. 56, s. 5. (h) P. (C. L.) A. 39. s. 9. (i) T. P. C. A. 47, ss. 2, 6, 7 ; C. & B. P. A. 56. (Jfc) P. C. A. 72, 8. 2. See P. C. A. 42 ; P. C. A. 44 ; P. C. A. 50. (?) P. C. A. 72, s. 4. 192 WORK AND LABOUR. appointed must not exceed 34 and be must be 5 ft. 7 in. bipli and of uMod cliuractev and sound constitution (???)• Govermnent. — Tbe general government of tbe force is, in counties, in tbe bands of tbe cbief constable (n) ; in borougbs, of tbe watcb committee of tbe town council or of tbe cbief constable of tbe county (o) ; in tbe Metropolitan Police District (ji), of tbe Commissioner of Police of the Metropolis ((/) ; and in tbe City of London, of tbe Com- missionor of tbe City Police (r). Remuneration. — Policemen's wages in counties and borougbs range, according to tbeir class and to tbe number of years tliey bare served, from 19s. lOd. to 29s. 2d. a week. Sergeants are paid from 26s. lOd. to 33s. dd. a week {m). Tbe fees to be paid to them for serving summonses and otber occasional duties are regulated by tbe Secretary of State (s). Other Employment. — Tbey may not be otherwise employed in any office or employment for bire or gain(0, unless tbe duties are sanctioned as police duties by tbe Secretary of State (u). An appointment of an inspector of police to be an inspector of weights and measures without remuneration has been held to be valid (x). Fire. — In certain circumstances policemen may be du'ected or employed to act as firemen in extinguishing fires (y). im) Or. A).!-. 12, 1886. («) C. P. A. 39, s. 6. (o) M. G. A. 82, s. 191 ; L. G. A. 88, s. 39. {p) See M. P. A. 29, ss. 4, 34, 35 ; M. P. A. 39, s. 2 ; Trafalgar Square Act, 1844 (7 & 8 Vict. c. 60) ; Or. Jan. 3, 1840. (5) II. P. A. 29, s. 5 ; M. P. A. 56. (r) P. CC. L.) A. 39, s. 14. (s) P. A. 90, s. 23. The table of these fees, authorised Mar. 3, 1899, for the Metropolis, is set out iu Archibald's Met. Police Guide, Srded., p. 136. (0 C. P. A. 39, s. 10. (u) Or, Apr. 12, 1886. {x) II. V. Jarcia (1854), 3 E. & B. 6i0 cBaiic). iy) T. P. C. A. 47, ss. 32, 33 ; P. A. 93, ss. 1, 2. POLICE. 193 Franchise. — Though all constables otherwise qualified are entitled to vote at both parliamentary (z) and muni- cipal (a) elections, they must not canvass any elector for his vote, in a municipal election, while acting or, if borough constables, within six months after (b) or, in a parliamen- tary election, while acting or within six months after (e). Exemptions.— They are exempt from service on and then- names may not be inserted in the list of juries or inquests {d) and from service in the militia {e). Resignation. — A constable cannot resign or withdraw from his duties unless he either gives a month's notice or has the written consent of the chief constable or super- intendent. If he does do so, he is liable to a penalty not exceeding 5L, and to forfeit all arrears of pay (/). On ceasing to hold office a constable must return all clothing, accoutrements, &c., which have been supplied to him (g). Pensions, &c., Outside City.— The Police Act, 1890, does not apply to the City police force, and that body is excluded from the following (h). A constable who has completed not less than twenty- five years continuous (i) approved service (A) and where a limit of age is prescribed by the pension scale in force is of an age not less than the age so prescribed (z) P. D. R. A. 87. (a) P. D. R. A. 93. (6) C. k B. P. A. 56, s. 9 ; C. & B. P. A. 59, s. 3. (c) C. P. A. 39, s. 9 ; M. P. A. 60, s. 5. For the City of London, see P. (C. L.) A. 39, s. 8. (d) C. P. A. 39, s. 10 ; Juries Act, 1870 (33 & 34 Vict. c. 77), s. 9. (e) Militia Act, 1801 (42 Geo. III. c. 90), s. 43. (/) C. P. A. 39, s. 13 ; C. & B. P. A. 59, s. 4 ; M. P. A. 39, 3. 15 ; P. (C. L.) A. 39, s. 17. (g) P. (C. L.) A. 39, s. 14 ; M. P. A. 39, s. 16 ; C. P. A. 39, s. 14 ; T. P. C. A. 47, s. 11. {h) P. A. 90, 3. 39. (i) Garbult v. Durham Joint Committee (1904), 1 K.B. 522 (Div. Ct.). {k) Approved service means certilied diligent and faithful service after deductions in respect of sickness or misconduct. See P. A. 90, S3. 4, 5, 14, 20, 30 (8). W.L. 1^ 194 WORK AND LABOUR. is, on the expiration of such time not exceeding four months, and after he has given such written notice to the police authority of his desire to retire as the police authority may fix, entitled without a medical certificate to retire and receive a pension for life (/). If, after he has completed fifteen years continuous (m) approved service (»)> he is incapacitated (o) for the per- formance of his duty by infirmity of mind or body, he is entitled, on a medical certificate, to retire and receive a pension (jj) for life(/). If, before he has completed fifteen years continuous(m) approved service {»), he is incapacitated (o) for the per- formance of his dut}' by infirmity of mind or body, he is entitled, on a medical certificate, to retire and thereupon the police authority (q) may, if the}' think fit, grant him a gi-atuity (/). If at any time he is incapacitated (o) for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, he is entitled, on a medical certificate, to retire and receive a pension for life (r). If a constable dies whilst in a police force from the effect of an injury received in the execution of his dut}' without his own default, the police authority {q) must grant a pension to his widow and allowances to his children and if from any other cause they may, if the}' think fit, grant gratuities to his widow and children or any of them (s). {1} P. A. 90, s. 1. (m) GarbiUt v. Durham Joint Committee (1904), 1 K. B. 522 (Div. Ct.). {n) Approved service means certified diligent and faithful service after deductions in respect of sickness or misconduct. See P. A. 90, ss. 4, 5, 14, 20, 30 (8). (o) See ib, s. 5. ilj) See ih, s. 6. (q) In the Metropolis, the Secretary of State, ih. s. 32. (r) lb. s. 1. («) R.S.2. . , POLICE. 196 If a constable to whom a pension has been granted because he was incapacitated for the performance of his duty by an injury received in the execution of his duty without his own default dies from the effects of the injury within twelve months after the grant of the pen- sion, the police authority {t) may, if they think fit, grant a pension to his widow, either for a term of years or otherwise {u). If a constable to whom a pension has been granted dies within twelve months after the grant of the pension, the police authority (t) ma}', if they think fit, gi'ant gratuities to his widow and children or any of them (u) . Pensions, allowances and gratuities are in accordance with the pension scale for the force which must be, as regards ordinary pensions, a fixed scale adopted by the police authority {t) within the limits set forth in Part I. of Sched. I. to the Police Act, 1890 and, as regards special pensions and allowances and gratuities, the scale set forth in Part II. thereof (a;). Pensions granted on the scale applicable to partial disablement may within three years be increased if the disability has become total (i/). The Secretary of State has fixed a scale for ordinary pensions in the Metropolis {z). Pensions are calculated on the amount of the annual pay (a). Extra remuneration for special duty, e.g, at the House of Lords, does not form part of such pay (b). The value of residence rent free, with fuel, gas and water, does not form part of pay (c) . {t) In the Metropolis, the Secretary of State, ib. s. 32. (u) Ib. s. 2. {x) Ib. s. 3. A return of these scales is made in Pari. Paper No. 142, Vol. 64, 1890—1891. (y) P. A. 93, s. 3. (2) Or. Nov. 28, 1890. (a) P. A. 90, Sched. I., 1, 11. (6) Upperton v. liUlley (1903), A. C. 281 (H. L.). (c) Goodwin v. She^lield Corporation (1902), 1 K. B. 629 (Div. Ct.). 13—2 196 AVORK AND LABOUR. The duties include assisting to extinguish a fire in pursuance of any general or special direction (. 199. (2/) H. A. 88, s. 2, («) R. V. Little (1758), 1 Burr. 609 (Banc). See Hudson v. Shooter (1891), 55 J. P. 325 (Div. Ct.). (a) O'Dea v. Crowhurst (1899), 68 L. J. Q. B. 655 (Div. Ct.), (6) Holland v. Hall (1902), 86 L. T. 355 (Div. Ct.). (c) Drxice v. Qahb (1858), 6 W. K. 497 (Banc). 202 WORK AND LABOUR. statute ((0- 1'lie goods need not actually accompany the owner while he is travelling (»■)• Licence. — Every hawker must have a licence except a person selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein, and who huy to sell again ; the real worker or maker of any goods, wares or merchandise, and his children, apprentices, and servants usually residing in the same house with him, selling or seeking orders for goods, wares or merchandise made by such real worker or maker; a person selling fish, fruit, victuals (/), or coal ; or a person selling or exposing for sale goods, wares or merchandise in any public mart, market, or fair legally established (//). The exemption only applies to an excise licence and not to a licence provided for by a local Act (h). A licence does not confer the right to hawk in a borough where, bj' a by-law made pursuant to charter and ancient custom, strangers are not permitted to trade (i). Manufacturers on a large scale, who themselves do no manual labour, are within the exception (/). A person who buys sheets of letterpress and makes them up into books is not a maker of the books (A) . An excise duty of 2,1. is payable upon each licence (/). The licence must be produced upon demand by any- one (m). A hawker must not let to hire or lend his licence to (cO Att.-Gen. v, Woolhouse (1827), 1 Y. A: J. 463 (Banc) ; see R. v Faraday (1830), 1 B. k Ad. 275 (Banc), ante, p. li»9. (e) Deua v. King (1821), 4 B. & A. 517 (Abbott, C.J.) ; E. v. Turner (1821). 4 B. & A. 510 (Bane). (/) See ante, p. 200. Ig) H. A. 88, ss. 3, 6. (K) Openahaw v. Oakcley (1889), 60 L. T. 929 (Div. Ct.). (t) Simson v. Mvss (1831), 2 B. & Ad. 543 (Banc). (/) Ji. V. Faraday, sup. (At) Moore v. Edicards (1320), 2 Chit. 213 (Banc). (0 H. A. 88, s. 3. (in) lb. s. 6. PEDLARS AND HAWKERS. 203 any person but a servant may travel witli his master's licence and trade for his master's benefit (n). A new licence cannot be granted to any person except on a certificate signed by a clergyman or minister of the parish or place wherein such person resides and two householders of such parish or place or b}' a justice for the county or place or superintendent or inspector of police for the district wherein the ofticer to whom application is made for the grant of a licence resides, attesting that such person is of good character and is a l>roper person to be licensed as a hawker (o). Marking of Packages and Vehicles. — Every hawker must keep his name and the words " licensed hawker" visibly and legibly written, painted or printed upon every box or other package and ever}' vehicle used for the carriage of his goods and upon every room or shop in which his goods are sold and upon every hand- bill or advertisement which he distributes or publishes (_/?). Highway. — No hawker, higgler, gipsy or other person travelling is allowed to pitch any tent, booth, stall or stand or encamp upon any part of any highway (q). Market Districts. — The Markets and Fairs Clauses Act, 1847, exempts licensed hawkers froui its provisions as to trading within a market district (r). Petroleum. — A hawker or a pedlar may hawk petroleum provided he has taken out a licence under the Petroleum Act, 1871 (s), and complies with the provisions of the Petroleum (Hawkers) Act, 1881 (0- Gunpowder. — Gunpowder must nut be hawked, sold (n) lb. s. 5. See Hodgson v. Floxver (1809), 2 Camp. 283 (Lord Ellen- borough, C.J.). (o) H. A. 88, s. 4. {})) lb. s. ;"). {q) Highway Act, 1835 (5 ic 6 Will. IV. c. 50), s. 72. (/•) 10 & 11 Vict. c. 14. s. 13. Sec Llandudno Voancil v. Jlughcs {VJOO), 1 Q. B. 472 (Uiv. Ct.). (5) 34 k 35 Vict. c. 105. (0 44 k 45 Vict. c. 67. 204 WORK AND LABOUR. or exposed for sale \\\Mn any highway, street, public thoroughfare or public place under a penalty of 40s. and the forfeiture of the gunpowder (u). Tobacco. — No one may peddle or hawk tobacco or snutl" of any description (r). Musical Copyright. — Pirated copies of musical copy- right work being liawked, carried about, sold or offered for sale may be seized by the police (x). Spirits. — Hawking, selling or exposing for sale spirits otherwise than in j^remises for which the hawker is licensed to sell spirits is punishable by 100/. fine and forfeiture of the spirits iy). Stamps. — No person, whether licensed to deal in stamps or not, may hawk or carry about for sale or exchange any stamps for denoting any duty or fee, whether they be impressed by means of a die or adhesive stamps (4). Gold and Silver. — Every person exercising or carry- ing on the trade or business of a hawker, pedlar or petty chapman, who in the ordinar}' course of his trade sells articles comjjosed wholly or in part of gold or silver, must take out a licence to deal in plate and pay excise duty thereon (a). (w) Explosives Act, 1875 (38 & 39 Vict. c. 17), s. 80. (v) Tobacco Act, 1842 (5 & 6 Vict. c. 93), ss. 13, 14. (a;) Musical (Summary Proceedings) Copyright Act, 1902 (2 Edw. YII. c. 15). (y) Spii-its Act, 1880 (43 & 44 Vict. c. 24), s. 146. See Revenue Act, 1867 (30 & 31 Vict. c. 90), s. 17. {z) Stamp Duties Management Act, 1891 (54 & r>5 Vict. c. 38), ss. 6, 7. (a) Revenue Act, 1867 (30 & 31 Vict. c. 90), s. 1 ; Customs and Inland Revenue Act, 1888 (51 & 52 Vict. c. 8), s. 9. LAUNDRIES. 205 PART II. Laundries. Factory and Workshoj) Act, 1901 (h). (1 Ed. VII. c. 22.) The provisions of the Factory and Workshop Acts, or some of them, were first applied to Liundries by the Act of 1895. They are now included in the Act of 1901. The Act does not apply to laundries other than those carried on by way of trade or for purposes of gain (c) or where the only persons employed are inmates of any prison, reformatory, industrial school or other institution for the time being subject to inspection under any other Act or are inmates of an institution conducted in good faith for religious or charitable purposes or are members of the same family dwelling there or where not more than two persons dwelling elseAvhere are employed (d). Application of Act. — The provisions of the Act relating to health (e), safety (/"), accidents (•). Sunday. — A baker must not make or bake bread rolls or cakes of any sort on Sunday nor may he, after 1.30 p.m. on that day, sell them or expose them for sale or bake or deliver any meal, pudding, pie, tart or actuals or in any other manner exercise his trade, except it be necessary for the preparation of the baking for the next day (s). An}' person may institute a prosecution under the Bread Acts without the consent in writing of the chief {fi B. A. 22, s. 9 ; B. A. 36, s. 7. (7?i) Weights and Measures Act, 1889 (52 & 53 Vict. c. 21), s. 32. See Copeland v. Walker (1891), 65 L. T. 262 (Div. Ct.). in) Robinson v. Clif(187 thougli, in the case of a partnership, only one need be taken out (c). A certificated chimney sweeper must, if so requested b}' any person for whom he acts or offers to act, by a justice of the peace or by a constable or peace officer, produce and show his certificate and allow it to be read and copied (/). The certificate may not be lent or transferred to another {(j). (a) Chimney Sweepers Act, 1875 (38 & 39 Vict. c. 70), s. 5. (6) n. 8. 10. (c) lb. s. 11. The Secretary of State has the power to order that all these certificates shall expire on the same day of the year (ib. s. 12), but that power has not been exercised. (d) lb. s. 6. {c) lb. 8. 8. (/) Ib. s. 17. (sr) lb. s. 18. CHAPTER XII. AGRICULTURAL HOLDINGS— SMALL FARMS AND GARDENS — ALLOTMENTS — AGRI- CULTURAL GANGS — HOP PICKERS — FRUIT PICKERS. PART I. Agkicultural Holdings. Agricultural Holdings (England) Act, 1883 (a). (46 & 47 Vict. c. 61.) Market Gardeners' Compensation Act, 1895 (6). (58 & 59 Vict. c. 27.) Agricultural Holdings Act, 1900(c). (63 & 64 Vict. c. 50.) The object of the Agricultural Holdings (England) Acts, 1883 to 1900 {d), was to provide compensation for improvements made by a tenant on his landlord's property. In these Acts — A " holding " means any parcel of land held by a tenant (e), which is either wholly agricultural or wholly pastoral or in part agricultural and as to the residue pastoral or in whole or in part cultivated as a market (a) In this Part referred to as A. H. A. 83. (6) In this Part referred to as M. G. C. A. 95. (c) In this Part referred to as A. H. A. 00. {d) A. H. A. 00, s. 14(2) ; M. G. C. A. 95, s. 1. (c) A. H. A. 83, 3. 61. W.L. 15 226 WORK AND LADOrR. garden, except one let to a tenant during his continuance in any office, appointment or employment held under the landlord (/) ; or which is a market garden, which after the year 1895 has been agreed in writing shall be let or treated as a market garden (g) or, under a tenancy current on the Ist January, 189G, was at that date so used with the knowledge of the landlord and on which the tenant has executed anj' of the improvements mentioned below, without having previously received a written notice of dissent by the landlord (h). A " market garden " is a holding or that part of it which is cultivated wholly or mainly for the purpose of the trade or business of market gardening (i) . "Tenant" means the holder of land under a landlord for a term of years, for lives, for lives and years or from year to j'ear and includes the executors, adminis- trators, assigns, legatee, devisee, next-of-kin, husband, guardian, committee of the estate or trustees in bank- ruptcy of a tenant or any person deriving title from a tenant {k). The Acts apply to Crown (Z), Duchy (m), ecclesiastical and charity (71) lands (0) . Improvements. — The Agricultm-al Holdings Act, 1900, provides that where a tenant has made on his holding any improvement comprised in the first schedule thereto he shall, subject as in the Agricultural Holdings Act, 1883 and in this Act mentioned, be entitled, at the determination of a tenancy, on quitting his holding (/) A. H. A. 83, 8 . 54 ; A. H. A. 00, s. 9 (2). ig) M. G. C. A, 95, s. 3. (A) lb. 8. 4. (i) lb. s. 6. (k) A. H. A. 83, s. 61. {1} lb. s. 35. (»0 Ih. 89. 36, 37. (n) lb. 83. 38—40, (0) And see M. G. C. A. 95, a. 5. AGEIOULTUKAL HOLDINGS. 227 to obtain from the landlord, as compensation for the improvement, such sum as fairly represents the value of the improvement to an incoming tenant (p). The First Schedule to the Act of 1900 is as follows :— Part I. Improvements to which consent of landlord is re- quired (q) : — (1) Erection, alteration or enlargement of buildings. (2) Formation of silos. (3) Laying down of permanent pasture. (4) Making and planting of osier beds. (5) Making of water meadows or works of irrigation. (6) Making of gardens. (7) Making or improving of roads or bridges. (8) Making or improving of water courses, ponds, wells or reservoirs or of works for the application of water power or for supply of water for agricultural or domestic purposes. (9) Making or removal of permanent fences. (10) Planting of hops. (11) Planting of orchards or fruit bushes. (12) Protecting young fruit trees. (13) Eeclaiming of waste land. (14) Warping or weiring of land. (15) Embankments and sluices against floods. (16) The erection of wirework in hop gardens. (N.B. — This Part is subject as to market gardens to the provisions of Part III.) Part II. Improvements in respect of which notice to landlord is required (r) : — (17) Drainage. (p) A. H. A. 00, ss. 1, 2. Where the laud is in mortgage, and the mortgagee desires to take or is in possession, see Tenants' Compensation Act, 1890 (53 & 54 Vict. c. 67). {q) See A. H. A. 83, ss. 2 (2), 3. (r) See ih. s. 4, wliich provides for dispensing with such notice, and pott, p. 229. 15—2 228 WORK AND LABOUR. Part III. Improvements in respect of which consent of or notice to landlord is not required : — (18) Chalking of land. (19) Clay hurning. (20) Claying of land or spreading blaes upon land. (21) Liming of land. (22) Marling of land. (23) Application to land of purchased artificial or other purchased manure. (24) Consumption on the holding by cattle, sheep, pigs, or by horses other than those regularh' employed on the holding, of corn, cake or other feeding stuff not produced on the holding. (25) Consumption on the holding by cattle, sheep or jngs or by horses other than those regularly employed on the holding, of corn proved by satisfactory evidence to have been produced and consumed on the holding. (26) Laying down temporary pasture with clover, gi-ass, lucerne, sainfoin or other seeds sown more than two 3'ears prior to the determination of the tenancy. (27) Li the case of a holding as to which sect. 3 of the Market Gardeners' Compensation Act, 1895, applies (s) — (i.) Planting of standard or other fruit trees permanently set out ; (ii.) planting of fruit bushes permanently set out ; (iii.) planting of strawberry plants ; (iv.) planting of asparagus, rhubarb and other vegetable crops which continue productive for two or more years ; (v.) erection or enlargement of buildings for the purpose of the trade or business of a market gardener. Last Year of Tenancy. — A tenant is not entitled to compensation in respect of any improvements, other than manures (0, begun by him, if he holds from year to 3'ear, within one year before he quits his holding or at any time after he has given or received final notice to (s) A holding agreed in writing to be let or treated as a market gardea : M. G. C. A. 95, 83. 3, 6. (0 Improvements 23 — 25 in the above schedule ; A. H. A. 00, 8. 9. AGRICULTURAL HOLDINGS. 229 quit (w) and, if he holds as a lessee, within one year before the expiration of his lease, except where a tenant from year to year has begun such improvement during the last year of his tenancy and, in pursuance of a notice to quit thereafter given by the landlord, has quitted his holding at the expiration of that year or where a tenant, whether a tenant from year to year or a lessee, previously to beginning any such improvement, has served notice on his landlord of his intention to begin the same and the landlord has either assented or has failed for a month after the receipt of the notice to object to the making of the improvement (v). Prior to 1884. — No compensation is payable in respect of improvements executed before the year 1884, except where a tenant has since 1874 made an improve- ment mentioned in the third Part of the above Schedule or, with the consent in writing of the landlord given before the year 1885, an improvement mentioned in the first or second Parts thereof and in neither case is otherwise entitled to compensation (x). Drainage. — No compensation is payable in respect of drainage unless the tenant has given a written notice of his intention and of the manner in which he jiroposes to do the work not more than three or less than two months before beginning such work. Upon such a notice being given compensation may be agreed upon in substitution for that provided by the Act or the landlord may, unless the notice is previously withdrawn, execute the improvement himself in any reasonable and proper manner he thinks fit and charge the tenant with a sum not exceeding five pounds per cent, per annum on the outlay incurred in executing the improvement or not (it) "A final notice to quit means a notice to quit which has not been waived or witlidrawn but has resulted in the tenant quitting his holding. " A. H. A. 83, 8. 69. ('•) lb. (x) lb. 68. 2, 53. 230 AVORK AND LABOUR. exceeding such nnnunl sum payable for a pei'iod of twenty-five years as will repay such outlay in the said period, with interest at the rate of three per cent, per annum, such annual smn to be recoverable as rent (;/). Under Two Acres. — Nd claim for compensation can be made under these Acts for anything in respect of which a claim is made under the Allotments and Cottage Gardens ("ompensation for Crops Act, 1887 (-?). Allotments. — No compensation is payable in respect of a building erected on an allotment under the Allot- ments Act, 1887 (a) or the Local Government Act, 1894(6). Contracting Out. — An agreement which deprives a tenant of his statutory compensation, unless it be one providing compensation permitted to be substituted for that compensation (c), is void (f^- Substituted Compensation. — For the statutory compensation for the improvements within Parts I, and II. of the above Schedule, executed after the year 1883, there may be substituted such compensation as may be agreed to in writing by the landlord and tenant («). Where, in the case of a tenancy current on the 1st January, 1884, specific compensation for any improve- ment mentioned in the above Schedule is provided by an agreement in writing or by custom or by the Agricultural Holdings (England) Act, 1875 (/) or where, in the case of a tenancy either current or beginning after that date, fair and reasonable compensation is provided for any improvement mentioned in the third Part of the above (y) A. H. A. 83, s. 4. (z) 50 & 51 Vict. c. 26, s. 18. See post, p. 234, (o) 50 & 51 Vict. c. 48, s. 7 (&) J post, p. 236. {h) 56 & 57 Vict. 0. 73, s. 10 (6) ; post, p. 236. (c) See infra. (d) A. H. A. 83, s. 55. (e) lb. 8S. 3,4. (/) 38 & 39 Vict. c. 92, coinpensatiou payable thereunder being saved by A. H. A. 83, s. 62. AGRICULTUBAL HOLDINGS. 231 Schedule, such compensation may be substituted for the statutory compensation ( is liable to a fine of 25/. and to imprisonment for three months. The above does not apply in the case of any occa- sional sale or entertainment, the net proceeds of which are wholly applied for the benefit of any school or to any charitable object (x), if such sale or entertainment is hehl elsewhere than in premises which are licensed for the sale of any intoxicating liquor but not licensed according to law for public entertainments or if, in the case of a sale or entertainment held in any such premises as aforesaid, a special exemption from the provisions of this section has been granted in writing under the hands of two justices of the peace (y). A petty sessional Court may grant a conditional licence (u) This parafji-aph docs not apply in any case in respect of which a licence granted under this Act is in force, so far as that licence extends ; P. C. C. A. 94, s. 2. ((■) This paragraph does not apply in the case of a person who is the parent or legal guardian of a cliild and himself trains the child, ib. s. 2. (.'•) This expression is not restricted to relief of poverty hut includes the support of missionary establishments among heathen nations : Com- missioitcrs of Income 7'ax v. I'emscl (1891), A. C. 531 (II. L.). See cases collected in Mews's Dig. " Charity." iy) P. C. C. A. 94, s. 2. 250 WORK AND LABOUR. for a child over 10 (~~) to take part in such entertainments or to be trained as aforesaid (a). Dangerous Performances. It is illegal for a boy under 16 {h) or a girl under 18 (6) to be allowed to take part in dangerous public per- formances and if an accident occurs to such a child in the course of such a performance the employer may be ordered, in addition to other punishment, to pay 20L as compensation for the injuries the child may suffer (c). (vii.) Home "Workers. Those who do their work at home are specially affected by certain of the sections of the Factory and Workshop Act, 1901 ((?) ; and in addition, in the iron, leather, fur and hemp trades, it is punishable for them to purloin, embezzle, secrete, sell, pawn, exchange, or otherwise unlawfully dispose of materials entrusted to their care to be made up into merchantable Avares (c). Similar legisla- tion applies to the woollen, worsted, linen, cotton, flax, mohair, and silk trades, where the offences are ex- tended to include tools and other apparatus (/). (viii.) Organ Grinders and Others. Any householder in the Metropolis, personally or by bis servant or by a police constable, may, if he give his reason (). (xxv.) Billposters. It is an offence for a billposter, without the consent of the owner or occupier, to affix any bill or paper against (i) Chaff-cutting Machines (Accidents) Act, 1897 (60 L 61 Yict. c. 60), s 1. (k) lb. s. 2. (I) Metropolitan Streets Act, 1867 (30 & 31 Vict. c. 134), ss. 16, 10, 2, 4 ; ib. 1885 (48 & 49 Vict. c. 18). (m) City of London Traffic Regulation Act, 1863 (26 k 27 Vict. c. ccvi.), 8. 3. (w) Metropolitan Streets Act, 1867 (30&31 Vict. c. 134), ss. 19, 20, 2, 3. (o) Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), s. 118. 268 •vvoniv and labour. or upon or write upon or mark any building, wall, fence or pale within the Metropolis (p) or City of London {q). (xxvi.) BOATMEX. An urban authority may license the proprietors of pleasure boats and vessels and the boatman and other persons in charge thereof and may make by-laws for regulating the number and naming of such boats and vessels, the number of persons to be carried therein, the mooring places for the same, for fixing rates of hire, the qualification of such boatmen or other persons in charge and for securing their good and orderly conduct while in charge (r). (xxvii.) Bathing Machine Attendants. At common law the public has no right to be upon the foreshore for the purpose of bathing or amusement (s), but, where the right to bathe exists, by-laws may be framed regulating the position and iiser of and charges for bathing machines on the seashore or strand of a river (t). (xxviii.) Thames Watermen and Lightermen (u). The by-laws referred to are those made by the Water- men's Company. The Acts and by-laws are set out in ip) Metropolitan Police Act, 1839 (2 & 3 Vict. c. 47), s. 54 (10). iq) Police (City of London) Act, 1839 (2 & 3 Vict. c. xciv.), s. 35 (10). ()•) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 172; Public Health Acts Amendment Act, 1890 (53 & 54 Vict. c. 59), s. 44 (2). See ToAra Police Clauses Act, 1847 (10 & 11 Vict, c S9), s. 69. (5) SeeBhinrJell v. Catterall (1821), 5 B. & A. 268 (Banc) ; Llandudno Urban Council v. JFoods (1899), 2 Ch. 705 (Cozens-Hardy, J.). {t) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 69 ; Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 171. («) Mr. Louis S. White, Secretaiy to the AVatennen's Company, has kindly revised this Part of this Chapter. THAMES WATERMEN AND LIGHTERMEN. 269 a small book, without a title, issued b)' the Watermen's Company. Watei'men'g and Lightermen'' s Amendment Act, 1859 (^). This Act applies to the Kiver Thames from Teddington Lock to Lower Hope Point, near Gravesend, and to all docks, canals, creeks and harbours of or out of it so far as the tide flows therein (?/). There are saving clauses relating to the rights of Trinity House (z), the City of London (a), the manor of Gravesend {h), the inliabitants of Gravesend and Milton (c), Westminster Bridge (fZ), existing ferries (e), docks and canals (/), and the Thames Conservancy (g) and to the Merchant Shipping Acts (h). "Court" means the Court of the Master, Wardens and Assistants of the Watermen's Company (i). "Passenger boat" means any sailing-boat, river steam- boat, row-boat, wherry or other like craft used for carrying passengers (,;) . "Lighterman" means any person working or navi- gating for hire a lighter, barge, boat or other like craft (A). " Waterman " means any person navigating, rowing or working for hire a passenger boat (/f). Freeman. — Anyone who has served an apprentice- ship is entitled to become a freeman of the Company («) 22 & 23 Vict, c. cxxxiii., here referred Itol )y only citin; of it. (y) S. 8. {z) S. 94. (/) S. 100. (a) S. 95. (g) S. 101. (*) S. 96. (h) S. 102. (<;) S. 97. (i) S. 3. {(l) S. 98. U) S. 2. (e) S. 9J. (it) S. 3. '270 WORK AND LABOUR. upon payment of i'2 7s. nnd complying with the reguhxtions(/). Every hohier of a licence and every registered owner of a barge, lighter, boat or craft is qualified to be and may be admitted as a freeman upon pa3'ment of £5 but such holder not being an apprentice and the owner of a barge, lighter or other like craft not being a licence holder must obtain the concurrence of three-fifths of the members of the Court {in). The annual quarterage payable to the Company by freemen is, for registered owners of craft for carrying goods, 6s. ; for others, 3s. {n). Apprentices. — Apprentices must, at the time of being bound to a freeman or his widow, be between 14 and 20 years of age(o). They are bound for five, six or seven years (jj). If the master or mistress ceases to exercise his or her employment, an apprentice may, at his request, be assigned over to another ((j') . An apprentice of two 3'ears' standing may obtain a licence to take sole charge of a boat or barge (r). Licence. — No one but a licensed freeman, a qualified apprentice or a person qualified under the Thames Conservancy Act 1894 (s), may act as a waterman or lighterman {t) . Any person of 19 years of age who has served as an apprentice for five years and has worked continuously for the two years preceding his application may obtain a lighterman's or a waterman's licence (?t). No licence is (l) S. 61 ; By-laws, 1860, 26—28. The stamp duty was remitted by Customs and Inland Revenue Act, 1873 (36 & 37 Vict. c. 18), s. 5. On) Ss. 24, 25. See By-laws, 1860, 29—32. (n) S. 84. (o) S. 48. (p) Ss. 46, 47, 50, 51 ; By-laws, 1860, 16 et seq. (q) By-laws, 1860,22. ()•) S. 52. See By-laws, 1860, 38. (s) See imst, p. 275. {t S. 54. See, however, Thames Conservancy Act, 1894, 2^ost, p. 275. {it) Ss. 55, 56, 57 ; By-laws, 1860, 37. THAMES WATERMEN AND LIGHTERMEN. 271 granted for a longer period than three years (r). A fee of 2s. 6d. is payable on the grant or renewal of a licence, except on the grant of a lighterman's licence to a person other than a freeman, when it is £2 lls.(x). Ever}'^ licence has a distinctive number (?/). The Court may endorse, suspend or cancel a licence but the holder may appeal to the Conservators (z). Barges. — No one may work a barge or other like craft unless a lighterman or qualified apprentice is in charge of it. Should a barge be so worked a penalty of £5 is im- posed upon the owner, unless he prove that he was unable for the usual compensation to obtain such services (a). Passenger Boats. — No one may row, steer or navi- gate for hire a passenger boat unless he is licensed (h). On compliance with the by-laws in that belialf (c), the Court must grant to a freeman or his widow a licence to use and work for hire a wherry, boat or other vessel for carrying persons, except a steamboat (d) . No one may ply or carr}' passengers for hire without such licence (e). The licence, which costs Is., must express the number of the boat and tbe number of passengers it is permitted to carry (/). There must be i)ainted on the boat the number of it, the usual plying place, the number of passengers it is {v) By-laws, 1860, 39. (x) Ss. 58, 60; By-laws, 1860, 37. The sum of £3 lis. mentioned in s. 58 and By-laws, 1860, 37, include a £1 stamp duty which was remitted by Customs and Inland llevenue Act, 1873 (36 & 37 Vict, c. 18), 8. 5. (*/) By-laws, 1860, 37. (;:) S. 64. (a) S. 66. See Thames Conservancy Act, 1894, jwst, p. 275. (h) S. 67; By-laws, 1860, 83; By-laws, 1894. As to steamboats, see Thames Conservancy Act, 1894, post, p. 275. (c) By-laws, 1860, 62etsef/. See also By-laws, 1867. {d) S. 68. (e) 2b. The regulations as to plying places and turnway societies, fcc, are set out in By-laws, 1860, 70 ct seq. (/) S. 68. 272 WORK AND LABOUR. licensed to carry and the name of the owner (c/). It is an offence for a waterman to hinder anyone reading the particuhirs on his boat(/0. No greater number of passengers ma}' be taken in a passenger boat than she is licensed to carry («). A waterman must with due diligence carry any passenger who desires to take his boat {k). There must be a second licensed waterman or appren- tice when carrying persons to or from ships in small boats between Broadness Pomt and Lower Hope Point (l). The charges for conveying passengers are fixed b}' the Court with the sanction of the Thames Conservancy. They are set out in tables appended to the By-laws, 1860(?»)- A list of fares is to be carried by every waterman, who must produce it on demand by a person by whom a fare is payable and must allow such person to examine it {)i). It is illegal to demand more than the fare fixed by the by-laws or any lesser sum that ma}' have been agreed on beforehand (o). A freeman or apprentice must, on request, give to any ofl&cer of the Company or to any person landing or having landed or about to take water his own name or the name of an}- other freeman or apprentice or other person standing or being at or near any stairs or plying place (p). Bumboats. — Boats or vessels kept or used for selling to seamen or other persons employed upon the river liquors or slops or buying or selling other articles in like manner must be registered every three years, at a charge of 2s. 6d., and must have painted on them the name and (r/) II. ; By-laws, 1860, 85. OO S. 76. (i) S. 70. (/.) Ss. 73, 74. See By-laws, 1860, 81. (0 By-laws, 1860, 33. ()/i) S. 71. C)0 S. 72. (o) S. 75 ; By-laws, 1860, 92. ip) By-laws, 1860, 82. THAMES WATERMEN AND LIGHTERMEN. 273 number of the boat and the name of the person keepin^^ or using it(q). Complaints. — The Court may hear complaints, as to offences against the Acts or by-laws, made by and against freemen, their widows or apprentices and in certain cir- cumstances may impose fines (>•). Sunday.— Though the Court has a discretion to appoint any number of watermen to work on Sundays between Chelsea and Bow Creek and pay them for their services (s), the ferries on that part of the river are annually farmed out to tlie highest bidder by tender (t). A small red flag must be carried on Sunday (u). The charge must not exceed 2d. for carrying any person across the river or to or from any vessel (x). Thames Watermen's and Lir/htcrmen's Act, 1893 (y). The Act applies to the same places as the Watermen's and Lightermen's Amendment Act, 1859 (z). There are saving clauses relating to the rights of the Thames Conservancy (a), the Grand Junction Canal Company (h), and the owners of craft passing along the Kiver Lea or its branches (c). *' Craft " means and includes any lighter barge or other like craft for carrying goods (d). (5) By-laws, 1860, 104. This by-law is not enforced. (r) S. 87. For this and other procedure, see ss. 89 ct seq. (s) S. 29. See further ss. 30—33. (0 See ss. 34—41. (m) liy-laws, 1860, 107. (x) S. 30. (y) 56 & 57 Vict. c. Ixxxi., liere referred to by only citing the sections of it. (£) S. 3. See ante, p. 269. (a) S. 33. (6) S. 34. (c) S. 35. id) S. 3. W.L. 18 274 ^vo^K and labour. *' Boat" means and includes an}'- boat, wherry or other such vessel let for hire for carrying persons, except a steamboat (c). Craft. — No craft may be worked or navigated unless there be in force a certificate in respect of it (/) . The certificate remains in force for one year but may be renewed (g). A craft must bear its name and number, the name and number of the owner and the tonnage of it (li). Boats. — Xo boat may be let for hire or engaged in carrying persons unless a licence relating to such boat be in force (/)• It remains in force for three years but may be renewed (,;'). A boat must bear the name and number of it, the name of the owner and the number of persons that may be carried in it (k). No greater number of persons may be taken than a boat is licensed to carry (/). Certificates and Licences. — If a certificate or a licence be lost or destroyed a duplicate of it may be obtained {m). A certificate or licence ceases to be in force if the carrying capacity of the craft or boat be altered (n) or if there be a change of ownership (o) . A change of address must be forthwith notified to the Company (79) . (e) s. 3. (/) S. 7. See ss, i—% 16, 19 ; By-laws, 1893, 44 et seq. (?) S. 23 (1). (h) S. 7. 336 cs. 4-6 ; By-laws, 1893, 50. (i) S. 11, See ss. 8—10, 16, 19 ; By-laws, 1893, 103. (i) S. 23 (2). (k) S. 11. See ss. 9—10 ; By-laws, 1893, 106. (0 S. 21. (//i) S. 24. 00 S. 18. (0) S. 25. Cp) S. 26. THAMES WATEBMEN AND LIGHTERMEN. 275 Thames Conservancy Act, 1894 (q). Lighters and Steamboats. — A male person above tlie age of 20 years may, though he has not heen previously hound apprentice, contract in writing to serve in assisting to navigate a lighter or a steamboat (r). Such a contract must be executed at Watermen's Hall and registered upon payment of the fee (s). If a person has served for two years under such a contract he may, within three years of the registration of it or of the first, if there have been more than one of such contracts, and upon payment of the fee, obtain a certificate authorising him to act as a lighterman {t) or to navigate a steamboat, according to the tenor of his contract (n). He will then be subject to the regulations and control of the Company (x). The certificate is liable to be revoked, cancelled or suspended (?/). (^q) 67 & 58 A'ict. c. clxxxvii. ('/•) lb. s. 301. (s) Ik s. 302. (i) That is, to work or navigate for hire a lighter, ib. s. '29'J. (m) lb. s. 303. (x) Ib. 8. 305. (?/) Ih. s. 304. See Watermen's and Iiighternien'.s Amendment Act, 1859 (22 & 23 Vict. c. cxxxiii.), s. 64, ante, p. 271. 18—2 INDEX OF SUBJECTS. ACCIDENTS. See Notice of Accidents ; Personal Injuries ; Com- pensation. ACROBAT, child, 249 ADAPTING article for sale, 6, Gl, 62, 65 AERATED WATER, period of employment, 76 bottling, 70 AFRICA, native seamen, 120 AGREEMENT, rescission. See Rescission. specific performance, 13 unlawfal, 19, 23 et seq. trade union, ix., 19, 20, 21, 23, 25 breach of, inducing, 25 — 29 endangering human life, 31 serious injury to persons, 31 valuable property, 31 depriving of gas, 31 water, 81 within the Truck Acts, 38, 42—44 for hosiery frame rents, 47 seaman's, 107 ct seq. to forfeit rights, 113 sea fishing, 131 fares in stage carriages, 169 hackney carriages, 159, 169 market garden, 226 agricultural holding, compensation, 230 notice to quit, 232 land for allotments, 236 AGRICULTURAL GANG, definition, child, 237 young person, 237, 238 woman, 238 gangmastcr, 238 agricultural gang, 238 employment, children, 238 females, 238 female gangmastcr, 238 278 INDEX OF SUBJECTti. AGRICULTURAL GANG -co« 290 INDEX OF SUBJECTS. CHILD— co)i/i/. trade union — conld. life insurance, 22 over 14 years, Sundav, 51 education, 59, 72, 73^ 238, 245 father's wages not paid in coin, 45 guardians of poor, 45 factory and workshop, definition, GO age, GO school certificate, 60 deductions, absence, 16 leaving ofi work, 16 under 12 years, 72 education, 59, 72, 73 Sunday, 52, 53, 73 injurious occupations, 73. 74 silvering mirrors, 73 white lead, 73 dry grinding, 73 lucifer matches, 73 glass melting, 74 annealing, 74 girls under IG, bricks, 73 tiles, 73 salt, 73 employment inside and outside, 80, 81, 240 posting up, 81 period of employment, 81 meal-times, 81 change of hours, 81 how often, 81 period of employment, 81 meal-times, 81 inspector, 81 holidays, different days, 81 meals, 82 same hour, 82 remaining in room, 82 factory, certificate of fitness, 73 domestic, 80 period of employment, 80 cleaning machinery, 74 textile, sets of work, 78, 79 alternate days, 78, 79 period of employment, 79 meals, 79 non-textile, sets of work, 77 alternate days, 79 period of employment, 79 meals, 80 workshop, sets of work, 79 alternate days, 79 period of employment, 79 INDEX OF SUBJECTS. 291 CHlUD—contd. workshop — conUl. meals, 80 domestic, 80 period of employment, 80 coal mines, 8G, 87 school fees, 88 metalliferous mines, 9i, 95 quarries, 99 seaman's wages, allotment to, 115 fishing boys, 130, 131 apprentices, 130, 131 under 5 years in stage carriage, 151 of soldiers, maintenance, 179 of policemen, 194 — 196 in laundry, 205, 206 explosive factory or magazine, 211, 212 chimney sweepers, 222 agricultural gangs, 237 — 239 under Poor Law, 241 Employment of Children Act, 1903, 246 objects, street trading, 246 overworking, 246 meaning of " child," 246 industrial schools, 246 reformatories, 246 schools of instruction, 246 factories, 246 mines, 246 by-laws, 246 employment for trade or gain, 246 hours of, 246 half-time in factory or worksliop, 246 heavy weights, 246 injury to life, 246 limb, 246 health, 246 education, 246 street trading under 11 years, 247 by-laws, 247 employment, 247 age, 247 hours daily, 247 weekly, 247 specified occupations, 247 prohibiting, 247 conditions, 247 City of London, 247 street trading, 247 under 16 years, 247 prohibiting, 247 conditions, 247 licence, 247 conditions of, 247, 248 hours, 247 days, 247 places, 247 10—2 202 INDEX OF SUBJECTS. CHILD— fOH/d. by-laws— co;i7(y. street trading — contd. badges, 247 conduct, 247 hawking newspapers, &c., 248 matches, &c., 248 flowers, &c. , 248 singing, 248 performing, 248 shocblacking, 248 girls under 16 years, 248 Prevention of Cruelty to Children Act, 1894, 248 under 11 years, 248, 249 14 years, 248 16 years, 248, 249 street, premises or place, 248 licensed premises, 248, 249 circus, 249 place of amusement, 249 begging, 248 singing, 248, 249 plajdng, 248, 249 performing, 248, 249 offering for sale, 248, 249 acrobat, 249 contortionist, 249 circus performer, 249 charitable object, 249 occasional sale, 249 entertainment, 249 meaning of charity, 249 exemption, special, 249 licence, 249 entertainments, 250 training, 250 dangerous performances, 250 accidents, 250 compensation, 250 See Apprentice ; I^tfakt ; YouxG Person. CHIMNEY SWEEPER, child working for, 223 entering premises, 223 apprentice to, 223 name and address, giving, 223 solicitation, 223 knocking at doors, 223 ringing beU, &c. , 223 certificate, 223, 224 discretion as to granting, 223, 221 cost, 224 duration, 224 when necessary, 224 partnership, 224 production, 224 lending, 224 day of expiration, 224 INDEX OF SUBJECTS. 293 CHINA CLAY PIT AISTD QUAERY peiiod of employment, 76 nightwork, 78 Saturday substitute, SO meal-times, 82 CHINA-GRASS, factory, 61 CHINA WORKS, factory, 62 meaning of, 62 regulations, 70 CHRIST5IAS DAY, drover, 54, 258 driving cart, 55, 164 carriage, 55, 164 game, 56 factory and workshop, 81 gamekeeper, 265 CHRISTMAS PRESENT, making, 64, 76 CHRISTMAS PUDDING, making, 76 CINQUE PORTS, pilots, 121, 124 CIRCUS, child, 249 CLAIM. See Dispute. CLERK, manual work, 7 priority in bankruptcy, 49 CLOTH, home work, 39 COACH making, 67 coach:man, master's credit for corn, 264 See Driver. coal, porter loading or unloading across footway, 264 Th.ames, 17 whipper, 17 COAL MINE, application of Act, 1887, 85 ironstone, shale, fireclay, 85 294 INDEX OF SUBJECTS. COAL MlNE-coH/J. doiiuitions. mine, 8G decision of Secretary of State, 8G shaft, 86 boy, 8G girl, 80 woman, 86 week, 80 below ground, boys, 86 girls, 86 women, 86 above ground, boys, 86, 87 girls, 86, 87 women, 87 meals, 87 register of boys, girls and women, 87 wages, paid in public-house, &c., 87 by weight gotten, 87, 88 deductions, 87, 88 check-weigher, 88 school fees, deductions for, 88 butty system, 88 supervision, 89 manager, 89 general rules, 89 et seq. ventilation, 89 inspection, 89, 92 machinery, 89, 91 fencing, 89, 91 danger, 90 lamps, 90 explosives, 90 water, 90 travelling plane, 90 road, 90 manholes, 91 casing, 91 shafts, 91 lifts, 91 boilers, 91 barometers, 91 stretchers, 91 wilful damage, 92 compliance with rules, 92 books, 92 previous experience, 92 special rules, 92 notice of accidents, 92 fines, 92 compensation out of, 92, 93 evidence of, 93 customs, privileges, 93 See Metalliferous Mine. INDEX OF SUBJECTS. 295 COASTGUAKD, old service, 188 raising, 188 admission into, 188 government of, 188 Admiralty, 188 service in Navy, 189 wages, allotment, 189 remitting, 189 discharge, 189 pensions, 189 shipwreck, 189 salvage, 189 COCOA NUT FIBKE, making, 61 COD fishing, 127 CODIFICATION, of law, viii. factory and workshop, viii. mine, viii. seaman, viii. fisherman, viii. slaughterer, viii., ix. _ cab and omnibus, viii. policeman, viii. pedlar and hawker, viii. bread, viii., ix. COLOUR making, 83 COLOUR FOR TRANSFERRING, dusting of, 70 COLOURED PERSON entering army, 177 COMBINATION. Sec Conspieacy. COMBING wool, hair, 70 COMMERCIAL TRAVELLER, pedlar's certificate, 199 COMMON CARRIER, not dealt with, vi. Sunday, 54 COMPANY in liquidation, 48 priority for wages, 48 COMPENSATION for personal injuries, vi. , „ ^ , payable out of fnic, < 2 coal mines, 92, 93 296 INDEX OF SUBJECTS. C0MPENSAT10N-co»/(/. for seamen, overdue wages, IIC, 117 sea lishermcn wrongly discharged, 133 loss of time, cabdriver, 169, IGO improvements in land, 225 — 237 fire brigade, family, 243, 244 gratuities, 244 CONCILIATION, BOARD OF TRADE, enquiry into cause, 17 meeting of parties, 17 appoint conciliator, 18 board of conciliation, 18 arbitrator, 18 conciliator, 18 enquiry, 18 report to Board of Trade, 18 settlement, 18 signed memorandum, 18 copy kept by Board of Trade, 18 CONDENSED MILK, making, 76 CONDUCTOR, omnibus, journeyman, 5 nianual labour, 8 stage-carriage, 153 — 155, 161 et scq, horses, ponies, mules, asses, 263 See Stage Caeeiage. CONFECTIONERY, work, branches of, 64 departments of, 64 CONSPIRACY, meaning of, 28, 29 threat to create strike, 29 in restraint of trade, 19, 21, 23, 24 when not criminal, 25 trade union, 19, 20, 21, 23, 25—29 Conspiracy and Protection of Property Act, 75, 2 indictable, 25 similar act by one person, 25 under other statutes, 25 riot, 25 unlawful assembly, 25 breach of the peace, 25 sedition, 25 offence against State, 25 civil remedies, 28 endangering human life, 31 serious injury to persons, 31 valuable property, 31 depriving of gas, 31 water, 31 seamen and apprentices to sea service, 31 offences against, 31 meaning of, 31 INDEX OF SUBJECTS. CONSTABLE. See Police. CONTORTIONIST, child, 249 CONTRACT. See Agreement. CONTRACT OF SERVICE, Employers and Workmen Act, 1875, 2 meaning of, 11, 12 CONTRACT PERSONALLY TO EXECUTE, Employers and Workmen Act, 1875, 2 meaning of, 11, 12 CONTRACTOR, personal work, 6, 9, 10 COPPER MILL, factory, 63 meaning of, 63 limewashing and painting, 66 CORNWALL, factory, workshop, 76, 78, 80, 82 mine, 84 Stannaries, 99 seine-fishing, 141 agricultural holding, 226. COSAQUE, making, 76 COTTON, home work, 39, 250 factory, 61 piece work, 83 lace, 39 weaving, 42 COUNTERCLAIM. See Set-off. COUNTY COUNCIL, LONDON, slaughterers, 221 fire brigade, 243 COUNTY COURT. Sec Procedure. COURT. See Procedure. court-:martial, army, 180 Sunday, 57 COWSHED, regulation of, 256 sanitary arrangements, 256 CREAM, preparing, 76 Sec Creamery ; Dairy. 297 21»8 INDEX OF SUBJECTS. CliEAMERY, moaning of, 74, '25G Sunday, 73 employment in, 74, 16, 256, 267 holidays, 81 meals, 257 CRIME, not specifically dealt with, vii. Sec Offencks. CROSSING SWEEPER, appointment, 267 public servant, 267 dress, 267 mark, 267 CROWN, factory, 66 workshop, 66 service, motor car, 175 steam boiler, 71 agricultural holding, 226 CURRIER, Knackers Act, 1786, 217 CUSTOM, coal mines, 93 metalliferous mines, 98 tin bounding, 99 DAIRY, regulations, 256 registration of milk purveyors, 256 sanitary arrangements, 256 creamerj-. See Creamery. DANGEROUS PERFORMANCE, child, 250 DEATH, trade union, insurance, 22 nominee for pajTueut, 24, 34 devolution of legal proceedings, 35 recovery of wages, 45 guardians of poor, 45 compensation for, factory, workshop, 72 coal mines, 92, 93 Starmaries, claim for wages, 101 apprentice to sea service, 109 seaman, property of, 112 sea fisherman, 128 stage, hackney carriage, transfer of licence, 162 soldier's efiects, 181 naval seaman's effects, 188 police pensions, 194 ct sc([. fire brigade, 243, 244 widows of freemen of Watermen's Company, 270 et scq. INDEX OF SUBJECTS. DEDUCTION FROM WAGES. See Truck. DELTA-METAL, mixing, casting, 70 DERBYSHIRE, mines, 98 weaving cotton, 42 DESIGNER OF PATTERNS, handicraftsman, 6 DEVON, mines, 84 Stannaries, 99 DIGGING, servant in husbandry, 4 drain, 12 DIPPING lucifer matches, 73 metal in solution, 82 DISEASE, home work, 69 district council, 69 infectious, 69 meaning of, 69 stage, hackney carriage, 165, 160 TiT^iPT^TE Employers and Workmen Act, 1875, 1 et seq_. workman, definition of, 1 —13 servant, domestic, 2 menial, 2 in husbandry, 4 labourer, 3 journejTiian, 5 artificer, 5 handicraftbman, 6 miner, 7 , , u n m otherwise engaged in manual labour, i — lu laundries, 10 works under a contract, 11 contract of service, 11 seaman, 12 adjustment of claims, 13 county court, 13 set-off, 13 rescission, 13 specific performance, 13 when employment determined, 13 what is a dispute, 13 absence, 13 refusal to work, 13 summary jurisdiction, 14 continuous broach, 14 299 300 INDLX OF SUBJECTS. DISPUTE— con W. Employers aiid Workmen Act, 1875 — contd. summary jurisdiction — contd. when fines not deducted from wages. 14 limitation of proceedings, 14 procedure, 1, 13 ct scq., 16, 17 apprentices, 14 — 16 See Apprkxtick. women, 16. See Woman, children, 16, See Child. other remedies, 17 river Thames, 17 conciliation. See Conciliation. trade union. See Trade Union. combination, 25 Stannaries, 101 seamen, 110 sea fishenuan, 128 stage, hackney carriage, between proprietor and men, 165 fi-cemen of Watermen's Company, 273 DOCK, shipbuilding yard, 64 compensation for injury, 72 shop club, 254 thrift fund, 254 DOG as beast of burden, 260 DOMESTIC FACTORY OR WORKSHOP, meaning of, 65 work in, 73, 80, 81, 82 See Factory, Workshop, DOMESTIC SERVANT. See Servant DONKEY, See Ass. DONKEY DRIVER, licence, 263 proprietor, 263 driver, 263 conductor, 263 by-laws, 263 stands, 263 rates of hire, 263 driver and conductor, 263 qualifications, 263 conduct, 263 DRAPERY, retail, 75 DRAYMAN, lowering casks across footway, 264 INDEX OF SUBJECTS. 301 DRESSING FLOOR, period of emploj-meut, 76 night work, 78 Saturday substitute, SO meal-times, 82 DRIVER, manual labour, 7, 8, 9 of asses, 263 fish carriage, 5i, 55 hackney carriage, 55, US, 149, 155, 161 et seq. horses, 263 locomotive on highway, 2*51 — 268 motor car, li9, 171 — 175 mules, 263 omnibus, 165 — 170 stage carriage, 147—155, 161 et scq. coach, 54 tramcar, 8, 148, 152, 154 DROVER, footpath by side of road, 258 horse, ass, mule, 258 swine, cattle, 258 carriage, truck or sledge, 258 Sunday, 54, 258 Charing Cross, within six miles of, 258 10 a.m. to 7 p.m., 258 ^letropolis, City, Divine Service, hours of, 258, 259 Sundav, 258, 259 Christmas Day, 258, 259 Good Friday, 258, 259 fast days, 258, 259 thanksgiving days, 258, 259 licence, 259 badge, 259 number, 259 markets, metropolitan, 259 by-laws, 259 tolls, 259 charges, 259 payable by drover, 259 on entering, 259 DRY CLEANING WORKS, factory or workshop, 63, 64 DRY GRINDING, children, 73 DUSTING, colours for transferring, 70 rags, 82 DYEING WORKS, factory, 61 meaning of, 62 limcwashing, painting, 67 802 INDEX OF SUBJECTS. DYEING WORKS— co)i/(Z. extra half hour, 7G period of oinploymcnt, 77 meals, 77, 82 children, 79 EARTHENWARE WORKS, factory, G2 meaning of, 62 china, 62 regulations, 70 EDGED TOOL, making, 64 EDUCATION, not specially dealt with, vii. statutes cited, 72, 73 school fees, deduction, truck, 42 coal mines, 88 ELASTIC, weh, ribhon, trimming, 75 ELBE, RIVER, seamen, 10-4 ELECTRICAL STATION, factory, 63 meaning of, 63 limewashing and painting, 67 regulations, 70 night work, 78 meal-times, 82 ELECTRO-PLATE, work on, 69 EMPLOYER, Truck Acts, meaning of, 38 machine accidentally starting, 72 payment in public-house, 48 liability for, 48 bankruptcy, 48 liability of, for cab driver, 160, 170 omnibus driver, conductor, 170 of apprentice who has enlisted, 177 slaughter-house occupier, liability of, 221, 222 EMPLOYERS AND WORKMEN ACT, 1875, meaning of workman, 1 et seq. procedure, 1, 13 et seq., 16, 17 See DisPL'TE. ENAMELLING, regulations, 70 ENGINEERING WORKS, limewashing and painting, 66, 67 INDEX TO SUBJECTS. 303 ENGEAVING WOKKS, limewashiug, 66, 67 entertain:ment, Sunday, 56 debating, 56 tickets for, 66 supply of refreshments, 56, 57 payment of money, 56, 57 meaning of, 56, 57 subscriptions, 57 aquarium, 57 registered for public worship, 57 remission of penalties, 57 See Child ; Pastime. ENVELOPE making, 76 stamping, 76 EXPLOSIVE, regulations, 70 coal mines, 90 metalliferous mines, 96 manufacture, 208 storage, 208 sale, 208 carriage, 208 packing, 208 factory, magazine, 208 definition of explosive, 208 what are included, 208, 209 licence, factory, 209 magazine, 209 store, 209 ship, 209 precautions, 209 rules, general, gunpowder, 209 — 212 buildings, 209, 210 " danger," 209 fittings, 209, 210 lightning conductor, 210 charcoal, oiled waste, &c., 210 repairs, 210 affixing notice, 210 tools for repairing, 211 elements of danger, 211 searching, 211 matches, 211 iron, &c., 211 grit, &c., 211 artificial light, 211 smoking, 211 conveyance of gunpowder, 211 persons under 10, 211, 212 removal of ingredients, 212 finished gunpowder, 212 sifting ingredients, 212 other explosives, general rules, 212 801 INDEX TO SlTJliCTS. FACTORY, NYOKKSlIOr. factory, workshop. Act, 1901, 6'J old rules and orders, &c., 59 definitions, 59 et seq. child, 59 youug persou, 60 woman, GO young person repairing, GO employment, 60 apprentices' work, 60 owner, GO night, CO week, GO mill-gearing, GO machinery, 60 process, 61 factory, 61 textile factory, 61 non-textile factory, 61 et seq. workshop, 62 et seq, men's workshops, 6'1 branches or departments, 61 private house, 65 room, 65 domestic factory, 65 workshop, 65 tenement factory, 65 workshop, 65 Crown, 66 sanitary conveniences, G6 men's workshop, 6G ventilation, 68 workshop, men's 68 domestic, 68 textile factory, 63 fan, 68 men's workshop, 68 temperature, 68 men's workshop, 68 overcrowding, 68 domestic workshop, 69 bakehouse, 69 lavatories, 69 men's workshop, C9 floors, wet, 69 domestic factories and workohops, 69 wet-spinning, 69 children under 12, 72 education, 72, 73 child-birth, 13 inside and outside employment, 80, 81 children, 80, 81, 216 youug person, 81 women, 81 shops, 81 INDEX OF SUBJECTS. 305 FACTORY, WORKSHOP— co7iif(7. factory, workshop — contd. notices, of period of emplojonent, 81 meal-times, 81 employment of children, 81 change of period of employment, 81 meal-times, 81 emplojonent of children, 81 holidays, 81 domestic factories and workshops, 81 meals, same hours, 82 remaining in work-room, 82 domestic factories and workshops, 82 in certain parts of premises, 82, 83 night work, male young persons, 78 employments, 78 Sunday, 73 Jews, 53, 73, 75 Saturday, Jews, 75 injurious occupations, 73 children, 73 dry grinding, 73 lucifer matches, 73 and young persons, 73 silvering mirrors, 73 white lead, 73 girls under 16, 73 bricks, tiles, salt, 73 home work, 69 list of out-workers, 69 injurious or dangerous premises, 69 wearing apparel, 69 disease, 69 meaning of, 69 district council, 69 dangerous or injurious trades, list of, 70 regulations, 70 powers of inspectors, 66, 69 domestic, period of employment, 80 young persons, 80 children, 80 piece work, particulars, 83 rates of wages, 83 work, 83 given to workman, 83 laundry, 83 hilk weaving, ticket, 83 of work, price, Ac, S3 given to workman, 83 duplicate, 83 W.L. tiO 306 INDEX OF SUBJECTS. FACTORY, WORKSHOP— con W. factory, woiksbop — contd. bakehouse, definition, 6i closets, 67 ashpits, 67 water cisterns, 67 drains, 07 sleeping places, 67 underground, 07, 68 meaning of, 67 fire, 72 fine, 72 compensation for injuries, 72 notice of accidents, 72 Bhop club, 254 thrift fund, 254 See Work. factory. See ante, factory, workshop, law relating to workshops, 59 defiuitiou of, 61 et scq. tenement factory, 65 sanitation, 60 drains, 66 closets, 66 overcrowding, 66 ventilation, 66 limewasbing and painting, 06 owner's liability, 06 temperature in humid factories, 68 fencing machinery, &c., 70, 71 self-acting machines, 71, 72 Bteam boilers, 71 safety-valve, 71 gauges, 71 examination, 71 owner of tenement, liability of, 72 fencing machinery, 71 fitness of persons under 16, 73 certificate of, 73 domestic factory, 73 tenement factory, 73 glass. 74 females, melting or annealing, 74 cleaning machinery in motion, 74 dangerous, 74 presumption of, 74 mill-gearing, 74 self-acting machines, 71, 72 Saturday substitute, 80 domestic, sanitation, 00 tenement, sanitation, 66 textile, ventilation, 08 women and young persons, employment, 74, 75 meals, 74, 75 INDEX OF SUBJECTS. 807 FACTORY, WORKSHOP— cou^d. factory — contd. textile — contd. children, sets of work, 78, 79 alternate days, 78, 79 period of employment, 79 meal-times, 79 non-textile, women and young persons, employment, 75, 7G, 77 meals, 76, 77 children, sets of work, 79 alternate days, 79 employment, 79 meal-times, 80 Saturday substitute, 79, 80 workshop. See ante, factory, workshop, definition, 62 et seq. men's, 64 private house or room, 65 tenement, 65 drains, closets, 67 nuisances, 66, 67 fitness of person under 16, 73 women, if no child or young person, 77, 78 women and young persons, employment, 75, 78 meals, 76, 77 children, sets of work, 70 alternate days, 79 employment, 79 meal-times, 80 Saturday substitute, 79, SO piece work, particulars, 83 rates of wages, 83 work, 83 given to workman, 83 FAIR, Sunday, 53 Good Friday, 53 church festival, 53 FANCY-BOX MAKING, period of employment, 76 meal-times, 82, 83 FARM, servant in husbandry, 4 labourer hired quarterly or annually, 12 See Small Farm and Garden. FARMER, Sunday Observance Act, 1677, 3, 52 selling milk, 250 '20—2 308 INDEX OF SUl'JECTS. FARRIER, Kuackcrs Act, 178G, 217 FAST DAY, fairs, 53 markets, 53 drovers, 54, 258 carts, 55 carriages, 55 in Scotland, seamen's wages, 117 FELLMONGERING, offensive business, 222 FELT HAT, making, 70 piece-work, 83 FELTMAKER, Knackers Act, 1786, 217 FENCING, factory, 70, 71 fly-wheel, 70 water-wheel, 70 engine, 70 machinery, 70 mill-gearing, 70 maintenance of, 71 mine, coal, 89, 91 metalliferous, 96, 97 machine, threshing, 266 ploughing, 266 chafi-cutting, 266 FERRY, Thames, 269 Sunday, 273 FILE, home work, 69 cutting by hand, 70 FINE, deduction for. See Truck. FINISHING article, 6, 61, 62, 65 FIRE, precautions, 72 police extinguishing, 192 FIRE BRIGADE, MEIMBERS OF, police assisting, 192, 196, 2U fire brigade, 243 regulation, 243 appointment, 243 pay, 243 government, 243 INDEX OF SUBJECTS. 309 FIEE BKIGADE, MEMBERS OF— cmtd. interference with work, 243 persons, 243 property, 243 accident, compensation, 243 death, wives, 243 families, 243, 244 gratuities, 244 FIREMAN, labourer, 4 on steam barge, 12 ship, 12 FIREWOOD, cutting, 7G FIREWORKS, making, 76 See ExPLOsi\'E. FISH, curing, employment, 75, 76 holidays, 81 meal-time;<, 82 carriage, Sunday, 54, 55 use of fish roe, 142 char, 138, 139, 142, 144 cockle, 134 crab, 134, 135 eels, 143 lobster, 134, 135 mussel, 134 oyster, 134— 13G pollen, 138 prawn, 134 salmon, 13G et seq. Eca fish, 125 et seq. shrimp, 134 trout, 138, 139, 142, 144 See FisuiNG. FISHING, manual work, vi. Sunday, 56 sea fishing, 125 et seq. shellfish, 134 salmon and freshwater fishing, 136 See Fish; Sea Fishing; Shell Fish; Salmon and Fresh- water Fishing. FLAX, home work, 39, 250 factory, 61 mill, 70 meal-times, 82 810 INDEX OF SUBJECTS. FLAX SCUTCH :\IILLS. factory, CI. 63 limowashiiig and painting, 66 period of employment, 76. 77 piece work, 83 FLOWER SELLER, street trading, 2i8 FOOD MAKING. Sunday, 52, 214 Saturday substitute, 80 holidaj-s, 81 FORFEITURE OF WAGES. See Truck. FOUNDRY, factory, 63 meaning of, 63 extra half-hour, 76 FRESHW^ATER FISHING. See Salmon and Feeshwater Fishing. FRIENDLY SOCIETY, Truck Acts, advances, 42 payment to, 40, 42, 45 Shop Clubs Act, 1902, 254 FRUIT. cleaning, 75, 81, 82 preparing, 75, 81, 82 presen-e, making, 76 pickers, 239 lodging, 289 picking with disease, 239 See Agbiccltoeal Gang. FUR, home work, 39, 2.50 FUR-PULLING, home work, 69 meal-times, 82 FURNACES, night, 78 FURNITURE, home work, 69 hangings, 76 FUSTIAN, cutting works, 63 meaning of, 63 home work, 39 GALVANIZING, night work, 78 INDEX OF SUBJECTS. 811 GAMEKEEPER, Sunday, 56 appointment, 265 licence, 265 cost of, 265 limits of employment, 265 Sunday, 265 Christmas Day, 265 close seasons, 265 transfer to successor, 265 gun licence, 265 arrest, 265 night poachers, 265 trespassers, 265 game, meaning of, 265 GANGMASTER. Sec Agriculturai, Gang. GARDEN. See Small Farm and Garden, GAS, deprivation of, breach of contract, 20, 29 works, limewashing and painting, 66 GASSING, meal-times, 82 GIPSY on highway, 203 GIRL. See Apprentice ; Child ; Infant ; Young Person. GLASS WORKS, factory, 63 meaning of, 63 night work, 78 holidays, 82 glass house in, 66 GLAZING ON WHEEL, fan, 68 meal-times, 82 GLAZING BRICKS, lead in, 70 GLOVE making, 65 GLOUCESTERSHIRE, mines, 93 GLUE making, 76 GOOD FRIDAY, markets, 63 fairs, 53 buying and selling, 53 drovers, 54, 258 fish carriages, 51, 55 factories and workahopb, 81 312 INDEX OF SUBJECTS. (GOVERNESS, domestic or menial servant, 3 GRINDING ON WHEEL, moal-timcs. 82 fan, 08 GRIST MILL, limewashing, painting, 6G, G7 GROCER'S ASSISTANT, manual labour, 8 GUARD OF TRAIN, manual labour, goods, 8 passenger, 8 GUN FACTORY, limewashing, painting, GG, G7 GUTTA PERCHA WORKS. See India-rubber Works. HACKNEY CARRIAGE, Sunday, 55 See Stage, Hackney Carriage. HAIR, factory, 61 combing, 70 sorting, 82 HAIRDRESSER. See Barber. HANDICRAFTSMAN, workman, 1 artificer, 5 meaning of, G skilled workman, 6 hairdresser, 6 Master and Servant Act. 1323, G inventor, G designer of plans, 6 patterns, 6 piece-work collier, G angle-iron smith, 6 plater, 6 journeyman tailor, G silkweaver at own house, G contractor, G Workshop Regulation Act, 1867, 6 stra\vplait, 6 H-\RVESTING, servant in husbandry, 4 HATWORKS, factory or warehouse, 61, 0.9 meaning of, 03 branches of, G4 INDEX OF SUBJECTS. HATWORKS— coufd. departments of, 64 piece work, 83 straw, 75 HAWKER, manual work, vi., 198 meaning of, 201 with a horse, 201 single act of selling, 201 delivery, previous order, 201 showing on approval, 201 barter, 201 sale by agent, 201, 202 licence, 202 exemptions, 202 licence vmder local Act, 202 prohibited borough, 202 manufacturers, 202 maker of books, 202 duty, 202 production, 202 lending, 202, 203 servant, 203 to whom granted, 203 marking packages, 203 vehicles, 203 highway, stalls, &c., 203 market districts, 203 petroleum, 203 gunpowder, 203 tobacco, 204 music, 204 spirits, 204 stamps, 204 gold and silver, 204 children, 248 newspapers, 248 matches, 248 flowers, 248 articles, 248 See Pedlar. HEMP. home work, 39, 250 meal-times, 82 HIDES, Knackers Act, 1786, 217, 219 HIGHWAY. See Street, Highv.ay. HIGGLER, Sunday, 55 on highway, 203 HOLIDAY, fast day, 54 thanksgiving day, 54 313 1314 INDEX OF SUBJECTS. HOLIDAY-co»i/rf. factory, 81 workshop, 81 See Fair ; Market ; Saikt's Day ; Good Friday ; Slnday. HOME WORK, Truck Act, 1887, 38 provisions of, as to paymout, 38, 3!) articles under £5, 39 members of family, 38 person buying articles, 38 list of materials, 39 Factory and Workshop Act, 1901, 69, 83 list of outworkers, 69 injurious and dangerous premises, 69 wearing apparel, 69 disease, 69 piecework, 83 particulars, 83 rates of wages, 83 work, 83 given to workman, 83 disposing of materials, tools, &c., 250 iron, 250 leather, 250 fur, 250 hemp, 250 woollen, 250 worsted, 250 linen, 250 cotton, 250 flax, 250 mohair, 250 silk, 250 See Weaving. HOOKING yarn or cloth, 76 HOP-PICKER, lodging, 239 firing hop-oasts, 239 destruction of hop-binds, 239 hop trade, 239 tithe charges, 23i HORN, blowing, 251 HORSE, exchange of, Sunday, 52 driving or leading on footpath by road, 258 metropolitan markets, 259 See Deoveb ; Poxy Driver ; Slaughterer. HORSEDEALER, slaughterer, 219 INDEX OF SUBJECTS. 315 HOSIERY TRADE, truck, 44, 47 HOTEL, Shop Hours Act, 1892, 2, 252 housekeeper of, 3 page boy in, 2 HOUSEKEEPER, menial servant, 3 HOUSING of working classes, vi. HUNTSMAN, menial servant, 3 INDIA, natives of, seamen, 108, 119 INDIA-RUBBER WORKS, factory, 63 meaning of, 63 vulcanizing, 70 INDUSTRIAL, Schools, 205, 246 INFANT, suing as if of full age, 16 trade union, committee, 21 trustee, 21 treasurer, 21 See Child ; Apprentice ; Youkg Person. INNKEEPER, exchanging horses on Sunday, 52 INSPECTOR, Truck Acts, 11 factory, workshop, 66, G9, 81 INSURANCE, life, by trade union, 22 railway, Shop Clubs Act, 1U02, 254 INVENTOR, artificer, 5 handicraftsman, 6 working mechanic, 8 IRON MILL, factory, 63 meaning of, 63 washing and painting, 66 extra half-hour, 76 night work, 78 holidays, 81 meal-times, 82 816 INDEX OF 8VBJECTS. ISLE OF :\IAN, seomcu, 104 pilots, 121 IVORY, meal-times, 82 JERSEY, home work, 39 JEW, Sunday, 53, 73 Saturday, 75 JOB DYEING, emijloyment in, 76 JOURNEYMAN, workman, 1 meaning of, 5 butchers, 5 bakers, 5 tailors, 5 omnibus conductor, 5 carpenter, 5 handicraftsman, 6 manual labour, 7 JUTE, meal-times, 82 KEY, home work, 69 piece work, 83 KNACKER See Slaughteker. KNITTING, frame, 5 home work, 39 LABOUR. See Work. LABOUR BUREAUX, Metropolis, 241 LABOURER, workman, 1, G who is, 3 farmer, 3 carpenter, 3 bailiff, 3 parish clerk, 8 fi. fa. possession, 3 hedger, 4 ditcher, 4 stokers, 4 firemen, 4 INDEX OF SUBJECTS. 317 LABOURER— con^d. barber's assistant, 4 farm, 12 on river Thames, 17 in husbandry, 48 priority of, in bankruptcy, 48 Sunday, 51 agricultural, 3 stannaries, 99 LACE FACTORY AND WORKSHOP. Sec Lace Warehouse. LACE WAREHOUSE, factory, 61, 64 workshop, 61, 64 meaning of, 64 manufacture, 64 limewashing and painting, 67 home work, 38, 39, 69 period of employment, 74 piece work, 83 LANCASHIRE, factory, workshop, 76 cotton weaving, 42 LANCASTER, DUCHY OF mines, 93 agricultural holding, 226 LAND. See Agriculture, LAPPING, yarn, cloth, 76 LASCAR, native of India, 108 agreement with, 108 destitute, 119 Secretary of State, 119 distressed seamen, 120 LATCH, home work, 69 piece work, 83 LAUNDRY, workman in, 10 truck, 11 inspectors, 11 Factory and Workshop Act, 1901, 205 trade, purpose of gain, 205 prison, 205 reformatory, 205 industrial school, 205 institution under inspection, 205 religious, 205 charitable, 205 818 INDEX OF BUBJECTS. LAUNDRY— con/d. family, 205 health, 205 safety, 205 accidents, 205 education, 205 notices, 205 inspection, 205 child-birth, 205 children, 205 employment, period of, 206, 206 meal hours, 205, 206 absence from woi'k, 205, 206 continuous, 206 overtime, 206 holidays, 206 mechanical power, 206 ironing-room, 206 fan, 206 temperature, 206 stoves in, 206 gas irons, 206 •vvashhousc, steam in, 206 floors, 206 draining, 206 wearing apparel, 206 list of outworkers, 206 unwholesome premises, 206 infectious disease, 206 public washhouse, 207 by-laws, 207 number of tubs, 207 charges, 207 unpaid, 207 detention of clothes, &c. , 207 sale of clothes, &o., 207 LAW PROCEEDINGS, printing, 80, 81 LEAD, lavatories, 69 melting, 70 glazing bricks, 70 mine, 78 LEATHER, home work, 39, 250 LETTER-PRESS PRINTING WORKS, factory, 63 meaning of, 63 period of employment, 76 night work, 78 holidays, 81 meal-times, 82 LIGHT LOCOMOTIVE. See Motor Car. INDEX OF SUBJECTS. 319 LIGHTERMAN. See Waterman and Lighterman. LIGHTHOUSE AUTHORITY, ships belonging to, 105, 107, 109, 112, 117, US LINEN, home work, 39, 250 factory, 70 LIQUIDATION of company, 43 LITHOGRAPH PRINTING, period of employment, 76 meal-times, 82, 83 LOCAL AND PERSONAL ACTS, index to, vii. LOCAL GOVERNMENT BOARD, motor cars, 150 regulations, weights, 172 speed 10 miles, 174 may prohibit use of, 174 allotments, 236 dairies, 256 cowsheds, 256 milkshops, 256 LOCK, home work, 69 piece work, 63 LOCOMOTIVE, light. Sue Motor Car. steam power, 261 animal power, 261 registration, 261, 262 agricultural locomotive, 261, 262 meaning of, 261, 262 not used for haulage, 261, 262 belonging to road authority, 261, 262 threshing, 261, 262 ploughing, 261, 262 used on own farm, 261, 262 licence, 262 steam roller, road authority, 262 owner's name and address, 262 plate, 262 number of licence or registration, 262 date of licence, 262 council granting licence, 262 weight, 262 wheels, 262 regulations, 262 restricted use, 262 UBO prohibited, 262 320 INDEX OF SUBJECTS. LOCOMOTIVE— ro?i/-MEiyT ; Pastime. PERIODICAL, printing, 80, 81 PERSONAL INJURY, not specially dealt with, vi. See CoMPE>'s.\TiON. PHOSPHOR BRONZE, mixing, casting. 70 PHOTOGRAPH printing, 80 PIECE WORK emplojonent, 0, 16, 88, 40, 69, 83, 250 PIG. See Swine. PILLOW-LACE making, 65 PILOT, meaning of, 121 pilotage laws, 121 authority, 121 representation on, 121 by-laws, 121 INDEX OF SUBJECTS. 331 PILOT— COTiicZ. qualified pilots, 121, 122 Cinque Ports, 121 licence, 122 registration, 122 production, 122 delivery, 122 unqualified, 122 must give way, 122 masters and mates, 122 certificate, 122 duty to pilot, 122, 123 salvage, 123 beyond limits, 123 control of ship, 123 rates for services, 123 dues, 123 compulsory pilotage, 123 common emplojTnent, 123 owner's liability, 123 other occupations, 123, 121 public-house, &c., 123, 121 place of entertainment, 123, 121 Trinity House pilots, 124 licence, 124 bond, 124 regulations, 124 liability for negligence, 124 Pilot Fund, 124 superannuation, Sec, 124 boats, 124 licence, 124 marking, 124 number, 124 flag, 124 PIT BANK, factor}-, workshop, 63, 64 meaning of, 64 PITCH used in factory, 66 PLATE-GLASS making, 81 PLAYING, children, 248 PLAYING-GAKD making, 76, 83 PLEASURE YACHT. Sec Shu-. PLOUGHING MACHINE, locomotive, 261 within 25 yards of highway, person on road, 26i''> signalling to stop, 266 stopping engine, 266 382 INDEX OF SUBJECTS. POLICE, manual work, v. statvitcs. 189, 190 coditication of law, 191 appointmont, 191 government, 192 qualifications, 191, 192 wages, 192 occasional duties, fees for, 192 other emploj-ment, 192 inspector of weights and measures, 192 as fireman, 192, 19G franchise, 193 service on jurj', 193 resignation, 193 withdrawal, 193 return of kit, &c., 193 pensions, kc, outside Citj', 193 et se(i pensions, 194, 195 gratuities, 194 — 19G widow, 194— 196 children, 194—190 allowances, 195, 196 approved service, 193, 194 continuous service, 193, 194 increase of pension, 195 pay, meaning of, 195 reservists, allowances, 196 gratuities, 196 mode of payment, 196 medical examination, 196 assignment, 196 charge, 196 bankruptcy, 196 forfeiture, 196 City of London, 196 allowances, 196, 197 contributions, 196, 197 metropolis, 197 counties, 197 boroughs, 197 POLISHING, on wheel, 68, 82 in glass works, 82 PONY. See Hohse. PONY DKIVER, licence of proprietor, 263 driver, 263 conductor, 263 by-laws, 263 stands, 263 rates of hire, 263 driver and conductor, 263 qualifications, 263 conduct, 263 INPKX OF SUBJECTS. 333 POOR LAW, apprentices, 15 to sea service, 109 reimbursement of guardians, 33, 3i, 118, 180 nomination of guardinn, Sunday, 58 paupers, 241 children, 241 POSTAGE-STAMP making, 7G POSTCARD making, 7G POSTMAN, manual work, v. entering army, 182 appointment, 242 service on juries, 2i2 in the militia, 242 persons riding with, 242 safety of letters, 242 acting outside ordinary duties, 242 loitering, 242 termination of service, 243 return property, 243 civil servants, 243 pensions, 243 allowances, &c., 243 PRESSGANG, navy, 184 PRINTING, law proceedings, SO, 81 letter-press, G3, 7G, 78, 81, 82 lithographic, 76, 83 newspapers, 78, 80, 81 parliamentary proceedings, 80, 81 periodicals, 80, 81 photographs, 82 railway time-tables, 80, 81 on fabric other than paper. See Print Wokk: PRINT WORKS, factory, Gl meaning of, G2 fabrics, G2 liniewashing and painting, 67 extra half-hour, 7G period of emplovment, 77 meals, 77, 82 children, 7'J piece work, 83 PRISON laundry, 205 334 INDEX OF SUBJECTS. PRIVATE Acts, Tables and Index, vil. work in, house, G5 room, G5 place, G5 l^ROCEDURE, not specially dealt with, vii. Employers and Workmen Act, 1875, 1, 13 ci scq. 16, 17 :Merchant Shipping Act, 1894, 17 river Thames, 17 conciliation, 17 Conspiracy and Protection of Property Act, 1875, 25 trade union, 35, 36 registration of, 31 Truck Acts, 4G, 47 hosieiy trade, 47 prosecution, Sunday, 52, 214 Stannaries Court, 101 seaman's debt, 110 misconduct, 115, wages, 117, 118 stage and hackney carriages, 164, 165, 1G9 soldiers, 180, 181 PROCESS IN MANUFACTURE, locomotive, 61 PUBLIC-HOUSE, payment of wages, 1, 47, 48, 87, 95 pilots keeping, 123, 124 Shop Hours Act, 1892, 251 PULLING FUR, home work, 69 meal-times, 82 QUARRY, Quarries Act, 1894, 84, 93 meaning of, 7, 64, 98 payment of wages in public-houses, 98 notice of accidents, 98, 99 regulations, 70 special rules, 98 factory, 98, 99 workshop, 98, 99 young person, 99 meal-times, 82 QUAY. See Dock. RAG AND BONE depot, 222 RAGS, sorting, 82 dusting, 82 grinding, 82 INDEX OF SUBJECTS. :)35 RAILWAY, guard, manual labour, 8 Board of Trade, 2U hours of labour, 2ii intervals of rest, 244 Sunday, 244 dangers and risks, 244 Workmen's Compensation Act, 1897, 244, 245 Employers and Workmen Act, 1875, 245 workmen's trains, 245 shop club or thrift fund, 255 cloak-room, Sunday, 57 servants entering army, 182 compensation out of fine, 72 time-tables, printing, 80, 81 locomotive boilers, 71 RECRUITING SERGEANT, Sunday Observance Act, 1G77, 52 RED LEAD, regulations, 70 REFINING, loaf sugar, 78 REFORIMATORY, laundry, 205 children, 246 REFRESHMENT HOUSE, Shop Hours Act, 1892, 251 REFUSAL to work, 13 REGISTRAR, of Friendly Societies, 20 trade unions, 20, 31 ct scq, change of name, 21 dissolution, 22 refusal to register, 31, 32 RELIGIOUS INSTITUTION, laundry, 205 REPAIRING article, 6, 61, G2, 65 RESCISSION, of contract, 13, 15 seamen's, 110 apprenticeship indenture, 15, 110 RESERVE FORCES. Sec Ahmy. RESTAURANT, Shop Hours Act, 1892, 252 836 lNDi:X OF SUHJECTS. ItESTKATNT OF TRADl-:, common law, I'J, 23, 21. 25—29 trade miioii, 19, 21, 23- 29 purposes of, 23 couspiracy, 23 agreements, 23 trusts, 23 RETAIL SHOP, Saturday substitute, 80 holidays, 81 Shop Hours Act, 1892, 251 lUBBON making, elastic, 75 RIVER THAMES. See Thames, Rivl;r. ROAD. See Street, Highway. ROPE WORKS, factory, workshop, Gl, G3 meaning of, G3, G4 period of cmiDloymcnt, 7i> piece work, 83 ROYAL EXCHANGE, radius from, bread, 212, 213 RULES AND ORDERS, annual publication, vii. table of, Ixxxv. RULING by machinery, 7G SAILOR. Sec Seaman ; Navy. ST. MARTIN'S-LE-GRAND, Post Oflice, hackney carriage, 157 SAINT'S DAY, markets, 53 fairs, 53 buying and selling, 53 drover, 54 fish carriages, 54, 55 SALARY, payment of, during sickness, 49 SALFORD, retail drapery, 75 SALMON, FRESHWATER FISHING, freshwater fishing, 136 ct seg. statutes, 13G definition, salmon, 137 freshwater fish, 137 INDEX OF SUBJECTS. 337 SALMON, FRESHWATER FISHING— roJi^cf. Board of Agriculture and Fisheries, 137 inspectors, 137, 138 Boards of Conser\-ators, 138 Overseers, 138 by-laws, 138 licences, grant of, 138 water bailiffs, 138 close seasons, 138, 141, 143, 144 salmon fishing, 138 trading, 138 being in possession of, 138 trout, char, 138 freshwater fish, 138 eels, 138 Norfolk, 139 Suffolk, 139 trading, 139 being in possession of, 139 putts, putchers, 139 licences, grant of, 138 fishing weirs, &c., 139 fixed nets, &c., 139 rod and line, 139 catching fish, 139 prohibited methods of, 139, 140 implements, 139, 140 explosives, 142 poison, 142 fixed engine, 140 meaning of, 140 possession of, 139, 140 destruction of, 140 fishing mill dam, 140 meaning of, 140 nets, 141, 143 size of mesh, 141 seining, 141 coast, Cornwall, 141 dams, 141, 142 mill races, 142 weirs, 139, 142, 143 fish pass, 142, 143 roo, fishing with, 142 trading in, 142 in possession of, 142 explosives, 142 poison, 142 unseasonable fish, 142 taking, 142 in possession of, 142 injuring, 142 young of fish, 142 taking, 142 in possession of, 142 injuring, 142 spawning salmon, 143 w.L. 22 338 INDEX OF SUBJECTS. SALMON, FRESmVATER FISHING— cou/J. spawning salmon — contd. disturbing, 143 young of salmon, 143 taking, 143 injury, 143 trading, 143 passage of, 143 free gaps and passes, 143 eel baskets, &c., 143, 144 obstruction of descending fish, 143, 144 openings, Saturday to ^Monday, 144 putts, putchers, 144 marking packages, 144 SALTING, hides, 67 herrings, 134 SAND pits, 98 SANITARY CONVENIENCE, factory, workshop, 66 bakehouse, 67 SCHOOL, industrial, 205, 246 reformatory, 205, 246 of manual labour, 246 See Education. SANITATION, factory, 66 workshop, 67 workplace, 67 bakehouse, 67 SEA FISHING, Merchant Shipping Act, 1894, 125 application of, 126, 127 definition, fishing boat, 127 second hand, 127 voyage, 127 boats, registration, 127 managing owner, 127 name, 127 lettering, 127 numbering, 127 official papers, 127 life-saving appliances, 127 unregistered, 127, 123 detention, 128 wages, accrual of, 128 account, 128 deductions, 128 INDEX OF SUBJECTS. 339 SEA FlSBmG- cmtd. disputes, superintendent, 128 death, property, 128 sale, 128 log-book, 128 when abroad, 128, 129 Board of Trade, 128, 129 will, 129 desertion, 129 absence without leave, 129 on 48 hours' notice, 129 leaving ship to join navy, 129 property, 129 wages, 129 order to join boat, 129 superintendent, 129 discipline, 129 occurrences, 129 record of, 129 deaths, 129 injuries, 129 ill treatment, 129 punishments, 129 production of, 129 report of, 130 enquiry into, 130 exclusive limits, 130 regulations, 130 boats over 25 tons, 130 employment of boys, 130 apprentices, 130 trawlers, agreement with crew, 131 apprentice, 131 form and contents, 131, 132 voyage, 131 crew, 131 commencement, 131, 132 work, 131 wages, 131 provisions, 132 regulations, 132 punishments, 132 advances, 132 allotment of wages, 132 explanation, 132 for two or more boats, 132 alterations, 132 running, 132 duration of, 132 change in crew, 132 engagements, 132 discharges, 132, 133 report to superintendent, 133 of crew, 133 of other particulars, 133 officers' certificates, 133 22—2 310 INDEX OF SUBJECTS. SEA FISHING— coH/J. trawlers — contd. account of wages, 133 deductions, 133 certificate of discharge, 133 period of service, 133 discharge, time of, 133 place of, 133 wrongful discharge, 133 compensation, 133 conveyance of fish, 133 herring i)acking, 134 barrels branding, 13i sea:man, Employers and Workmen Act, 1875, 12 Employers' Liability Act, 1880, 12 Payment of Wages in Public-houses Prohibition Act, 1883, 12 meaning of, 12 master, 12 pilot, 12 apprentice, 12 fireman, 12 Conspiracy and Protection of Property Act, 1875, 13, 31 seafaring man, 13, 31 temporarily ashore, 13, 31 on river Thames, 17 Merchant Shipping Act, 1894, 102 et seq. Scotland, Ireland, 103 definitions, seaman, 103 in harbour, 103 on shore, 104 vessel, 104 ship, 104 fishing coble, 104 barge, 104 gas float, 104 pleasure launch, 104 foreign-going ship, 104 home-trade ship, 104 master, 104 port, 104 harbour, 104 tidal water, 104 wages, 105 superintendent, 105 British ship, 105 registration, 105 accommodation for seamen, 105 kept free, 105 ships of lighthouse authorities, 105 pleasure yachts, 105 seaworthiness, 106 life-saving apparatus, 106 freight, 106 dangerous goods, 106 INDEX OF SUBJECTS. 311 SEAMAN— cohW. freight — contd. grain, 106 timber, 106 officers, 106 engagement, 107 agreement with crew, 107 ships of lighthouse authorities, 107 pleasure yachts, 107 fishing boats, 107 home-trade, 107 for service in two or more ships, 107 explanation of, 107 period of service, 107 foreign-going, 108 signed before superintendent, 108 running agreements, 108 period of, 108 endorsement on, 108 posting up copy, 103 alterations, 108 evidence of, 108 lascars, 108 licence to engage or supply seamen, lO'J medical inspection, 109 apprentices, 109 superintendents, 109 indentures, 109 assignment, 109 lighthouse authorities, 109 pleasure yachts, 109 foreign-going ship, 109 Poor Law guardians, 109, 110 disputes, 110 rescission of contract, 110 " A.B.," rated as, 110 disrating, 110 recovery of debts after engagement, 110 when on board, 110 ct seq. medical stores, 110 attendance, 110, 111 after return home. 111 complaints. 111 provisions, 111 water. 111 unfounded, 111 compensation. 111 facilities for making, 1 1 1 discipline, 111 offences, 111 desertion, 111, 112 absence without leave, 111, 112 crew insufficient, 112 increased risk, 112 entering navy, 112 effects and wages, 112 log-book, 112 842 INDEX OF 8UB.TRCTS. SEA>rAN— conirf. when on board— co»7(/. log-book — coiitd. entries in, 112 lighthouse authorities, 112 pleasure vachts, 112 death, 112 property, 112 sale, 112 log-book, 112 when left abroad, 112 Board of Trade, 112 will. 112 Board of Trade, 112 salvage, forfeiture of, 113 wages, 113 commencement, 113 master's, 113 dependence on freight, 113 forfeiture, 113 salvage, 113 deduction for desertion, 113 lien, 113 when entitled, 114 illegality, 114 wrongful discharge, 114 incomplete voyage, 114 disablement, 114 loss of ship, 114, 115 left abroad, 114, 115 misconduct, 115 advance notes, 115 allotment notes, 115 recovery on, 116 money orders, 116 when payable, 116, 117 home-trade, 116 foreign-going, 116, 117 to master, 116 overdue, 116, 117 account, 117 deductions, 117 payment before superintendent, 117 disputes, 117 superintendent, 117 Court of Admiralty, 117, 118 attachment, 118 assignment, 118 sale, 118 Poor Law guardians, reimbursement, 118 on death. Board of Trade, 118 on discharge, 118 ct seq^. certificate, 118 before superintendent, 118 lighthouse authorities, 118 pleasure yachts, 118 report of character, &c., 118, 119 INDEX OF 8UBJECTS. 343 SEAi\IAN— co»W. on discharge — contd, abroad, 119, 120 destitute lascars, 119 transfer of ship, 119 certificate, 119 sending home, 1]9 sanction or certificate, 119 of superintendent, 119 distressed seamen, 120 destitute natives in U. K., 120 lodging houses, 120 solicitation on board, 120 licensing, 120 overcharges, 120 detaining property, 120 taking property off ship, 120 sites for homes, 121 lighthouse authorities, 105, 107, 109, 112, 118 accommodation for crew, 105 agreements with crew, 107 apprentices, 109 log-book, 112 discharge before superintendent. 118 pleasure yachts, 105, 107, 109, 112, 118 accommodation for crew, 105 agreements with crew, 107 apprentices, 109 log-book, 112 discharge before superintendent, 118 See Coastguard ; Pilot. SEAT, for " shop" assistant, 253 SEMPSTRESS, manual labour, 9 SERGE, home work, 39 SERVANT, domestic, 1, 2 Shop Hours Act, 1892, 251 menial, 1, 2 page boy at hotel, 2 potman, 2 gardener, 2, 3 huntsman, 3 governess, 3 housekeeper, hotel, 3 See Servant in Hubbanury. SERVANT IN HUSBANDRY, meaning of, 4 domestic or menial, 4 dairymaid harvesting, 4 farm steward, 4 bailiff, 4 341 INDEX OF SUBJECTS. S1•:RVA^'T IN HUSB-\NDBY— cohM. digging, 4 Truck Acts, 39 food, 39 drink, 39 cottage, 39 allowances, 39 priority of, in bankruptcy, 48 See Servant. SET-OFF, Employers and Workmen Act, 1875, 13, 14, 10 for goods supplied, 4G hosiery trade, 47 SEVERN, RIVER, fishing, 143 SHAVING, work of, 4, 5, 6 Sunday, 52 SHEEP. Sec Deover ; Slacghterer. SHELL-FISH, Board of Agriculture and Fisheries, 134 sea fishery districts, 134 by-laws, 134 committees, 134 cockles, 134, 135 crabs, fishing for, taking, 135 buying and selling, 135 lobsters, 135 mussels, 134, 135 oysters, 134, 135 buying and selling, 135 prawns, 134 shrimps, 134 SHIP, meaning of, 12, 13, 104 of war, Sunday, 51 belonging to lighthouse authority, 105. 107, 109, 112, 117, 118 pleasure yachts, 105, 107, 109, 112, 117, 118 wreck, coastguard, 189 for storing explosive, 209 See Seaman ; Sea Fishery. SHIPBUILDING YARD, factory, workshop, 63, 64 meaning of, 64 limewashing and painting, 67 SHIPWRECK, coastguard, 189 SHOE-BLACK, street-trading, 248 places for standing, 267 INDEX OF SUBJECTS. SHOE-MAKING,' piece work, 83 SHOOTING. See Gamekeeper. SHOP, manual work, v. labour, 8 retail, 80, 81, 251 Shop Hours Act, 1892, 251 shop, meaning of, 251 markets, 251 stalls, 251 warehouses, 251 public-houses, 251 refreshment houses, 251 young person, meaning of, 252 special definitions, 252 newsagent, 252 boy delivering papers, 252 stall of, 252 hotel and restaurant, 252 members of same family, 252 domestic servant, 252 page boy, 2, 252 employment, duration, 252 in factory or workshop, 252, 253 notice of provisions of Act, 253 number of hours, 253 at newspaper stall, 253 seats, 253 ^„ _ ^. „._ shop assistants. Truck Act, 1896, 43, 46, 250 shopkeeper. Truck Act, 1887, 38 See Shop Club. SHOP CLUB. Shop Clubs Act, 1902, 254 object of, 254 meaning of shop club, 254 thrift fund, 254 friendly society, 254 branch, 254 condition of employment, 254 joining shop club, 254 friendly society, joining, 254 discontinuing, 254 railway society, 254 certificate, 254 views of workmen, 254 objections, 255 conditions, 255 employers' contributions, 255 division of funds, 255 membership on leaving employment, i.j.) end of employment, 255 membership, 255 share of funds, 255 rules, 255 matter of, i;55, 250 345 846 INDEX OF SUIiJECTS. SICKNESS, payment during, 49 SILK, home work, 30, 250 factory, 61 piece work, 83 spiuniug, 82 weaving. See Weaving. SILVERING mirrors, 73 SILVERSMITH, artificer, 5 SINGEING, in print, 82 SINGING, children, 246 ct scq. SKILLED WORKMAN, artificer, 5 handicraftsman, 6 SLATE works, 66 mine, 94 SLAUGHTERER, statutes, 215, 216 classes of, 216 knackers, 216 those who kill for human food, 216 animals fit for human food, 216 metropolitan markets, 216 object of Knackers Act, 1786, 216 London, county of, 217 cattle, meaning of, 217 exemptions, 217 carrier, 217 felt-maker, 217 tanner, 217 dealer in hides, 217 farrier, 217 killing for own use, 217 licence, 217 killing or flaying, 217, 218 annual, 218 district council, 218 suspension, 218 revocation, 218 by-laws, 218 licensing, 218 registration, 218 inspection, 218 registration, 218 occupier, change of, 218 INDEX OF SUBJECTS. 347 SLAUGHTERER— co?^W. notice on premises, 218 record, 218 particulars of animals brought, 218 killing or flaying, 218, 219 particulars of owner, 219 person bringing, 219 reasons why brought, 219 killing, 219 cutting hair off, 219 animals, using, 219 feeding, 219 within 3 days, 219 hours for, 219 hides, destroying, 219 trading as horsedealer, 219 London, new business, 219 human food, killing for, 219 statutes, 215, 216, 219, 220 places and districts, 219, 220 cattle, meaning of, 220 horses, asses, sheep, 220 goats, swine, 220 slaughter-houses, 220 public, 220 private, 220 London, county of, 221 new, 221 licence, 221 registration, 221 inspection, 221 meat, unfit for food, 221 seizure, 221 notice on premises, 221 occupier, change of, 221 liability of, 221, 222 by-laws, 221 licensing, 221 regulating, 221 inspection, 221 Sunday, 222 foreign animals, 222 SLEDGE, on footpath by side of road, 258 standing, 260 on crossing, 260 obstruction, 261 SMALL FARM AND CtARDEN, definitions, 234, 235 allotment, 234, cottage garden, 234 holding, 235 compensation for improvcmcntH, 235 buildings under Allotments Act, 1887, 23ft Local Govcrnniont Act, 1894, 23ft land on mortgage, 235 818 INDEX OF SUBJECTS. SJFALL FARM AND GAUBEiJ -cmtd. arbitration as to amount, 235 clftini under Agricultural Holding Acts, 235 See Ac.uicuLTURAt, Hoi.dixg ; Allotment. SNAIL-SHELL, cutting, turning, polishing, 82 SOAP, making, 67 SOAP BOILING, offensive business, 222 SOLDIER. See Aemy. SOETING, hides, skins, 70 wool, hair, 70, 82 rags, 82 SOUTH SEA ISLANDER, seaman, 120 SOUTHWARK, BOROUGH OF, stage carriages, 153 SPECIFIC PERFORMANCE, of contract, 13, 15 apprenticeship indenture, 15 SPINNING, self-acting machine, 71, 72 silk, 82 SPORTS. See Pastime. STABLEMAN, taking corn, &c., for master's horse, 2G4 coachman, 264 master's credit, 264 STAGE CARRIAGE, Sunday, 55 See Stage, Hackney Carriage. STAGE, HACKNEY CARRIAGE, statutes, 145, 146 introduction, 146 — 150 state of the law, 146, 147 epitome of chapter, 147 et seq. tramways, 148 motor cars, 149, 150, 171 stage carriage. Great Britain, statutes, 150 what is a, 150 painting on, name of proprietor, 150, 151 number of passengers, 151 accommodation, 151 outside passengers, 151 INDEX OF SUBJECTS. 349 STAGE, HACKN'EY CAERIAGE— ca?i/rf. stage carriage, Great Britain — contd. luggage, 151, 152 driver's duties, 152 tramways, 152 See further, inf. d^nd. post ; INIotor Cab. stage carriage, Metropolis, statutes, 152, 153 what is a, 153 painting on, 158 table of fares, 153 appointments and harness, 158 lamp inside, 153 riding on steps, 153 stopping places, 154, 155 property left in vehicle, 154 offences, 154 loitering, 155 deception as to route, 155 refusing to carry, 155 demanding more than legal fare, 154 stopping, end of street, 154 where foot passengers cross, 154 smoking, 154 tramway, 154, 155 by-laws, 154, 155 speed, 154 following another car, 155 stopping, 155 not to be impeded, 155 other stage carriages stopping, 155 See further, sup. and post ; JIotor Car. hackney carriage, ^Metropolis, statutes, 155, 156 what is a, 156 painting on, number of passengers, 156 strangers riding on or in, 156 property left in, 156 unattended, 157 pl}nng for hire, 157 when deemed to be, 157 cabstands, 157 Sunday, 157 when unfit for use, 157 duties of driver, 158 not refuse, 158 number of persons, 158 luggage, 158 limit of distance, 158 time, 158 between 8 p.m. and 6 a.m., 158 agreement as to fare, 158 demanding more, 158 distances, table of, 158 speed, 158 chock string, 158 fares, regulation of, 159 350 INDEX OF SUBJECTS. STAGE. HACKNEY CATIRIAGE— conW. hackney carriage, Tilctropolis — contci. farob, by distance, 150 more than one horse, 159 waiting, 159 agreement as to, 158, 159 demanding more than legal, 159 taking more than legal, 159 table of fares, 159 production of, 159 refusal to pay, 159 defrauding driver, 159, ICO compensation, 159, 100 refusal to pay, 159 injuring cab, 159 when defrauded, 160 when improperly summoned, 160 offences, loitering, 160 standing across street, 160 two in a breadth, 160 feeding horses, 160 obstruction, 160 taking fare of another, 160 insulting language, 100 rude behaviour, 100 liability of proprietor, 160 See further inf. ; IMotor Car. stage, hackney carriage. Metropolis, statutes, 161 advertisements, &c., 161 notices affixed, &c., 161 licence, 162 vehicle, 162 cost, 162 duration, 162 transfer, 162 to whom granted, 102 suspension, 162 defacement, 162 injunction, 102 excise duty, 162 driver, conductor, 162 to whom granted, 162 duration, 162 retention by proprietor, 162 endorsement by justices, 162 particulars, 162, 163 return by proprietor, 103 summons, 103 defacement, 103 revocation, 103 suspension, 103 delivery on expiration, 103 when propelled by steam, 163 excise duty, 102 ticket, metal, 103 holder's number, 163 INDEX OF SUBJECTS. 351 STAGE, HACKNEY CARRIAGE— conYd. stage, hackney carriage, Metropolis — contd. ticket, lost, 163 defacement, 163 •worn by bolder, 163 residence, change of, 163 Divine Service, hours of, 163, 16^ number plate, vehicle, 164 withdrawal of vehicle, 164 misbehaviour, 16-4 proprietor's liability, 164 complaints, 164 production of driver or conductor, 164 strangers driving, 164 disputes, 165 agreements in writing, 165 stamp duty, 165 disease, carrying when, 165 disinfection, 165 expenses of, 165 See further sup. ; I\roTOB Cab. outside Metropolis, omnibus, hackney carriage, statutes, 165 tramcars, 148, 162, 165, 166 towns and districts, 165, 166 urban districts, 166 driver includes conductor, 166 omnibus, 166 meaning of, 166 waggonettes, 166 tramcars, 166 from livery stables, 166 railway, 166 outside prescribed distance, 166 hackney carriage, 166 meaning of, 167 in legal proceedings, 167 stage coach, 167 street, 167 licence for vehicle, 167, 168 cost of, 168 duration, 168 suspension, 168 revocation, 168 name of licensee, 168 change of residence, 168 driver, conductor, 168 cost, 168 duration, 168 suspension, 168 revocation, 168 retention by proprietor, 168 endorsement, 168 return by proprietor, 168 summons, 168 passengers, 168 number to be carried, 168, 169 352 INDEX OF SUBJECTS. STAGE, HACKNEY CXRRl AGE -contd. outside Metropolis, omnibus, hackney carriage — contd. passengers — contd. number painted on, 169 disease, 169 notification of, 169 carrying persons suffering from, 169 fares, 169, 170 recovery of, 169 agreement as to, 169 strangers acting, 170 proprietor's liability, 170 obstruction, 170 compensation if summoned, 170 vehicle unattended, 170 by-laws, 170 See stage carriage, Great Britain, ante. hackney carriage, 169, 170 where to drive to, 169 distance at discretion of driver, 169 agreement to pay more, 169 when more than legal fare paid, 169 waiting, 169 deposit, 169, 170 carrying strangers, 170 preventing another being hired, 170 See Motor Car. STALL, Shop Hours Act, 1892, 251 STAMPING, in relief, 76 STANNARIES, Act, 1887, 84, 99 application of, 99 tin bounding, 99 miner, meaning of, 99 artizans, 99 persons about mine, 99 purser, 99 secretary, 99 agent, 99 manager, 99 payment of wages, 99, 100 subsist, 99, 100 subsist, meaning of, 99 surface -m.iners, 99 company retaining wages, 99 underground miners, 100 wages, preference, 100 first charge, 100 execution, 100 claim for, on leaving, 101 check weigher, 100 notice to quit, 100 removal of property, 100 INDEX OF SUBJECTS. 353 STANNARIES— co?^frf. charges for tools, &c., 101 claims on leaving, 101 disputes, 101 STARCH, manufacture, 67 STEAMBOAT (THAMES), passenger boat, 269, 271, 274 contract to serve on, 275 execution, 275 registration, 275 certificate to navigate, 275 revocation, 275 cancellation, 275 suspension 275 control of Watermen's Company, 275 STEAM ROLLER, locomotive, 261 et seq. STEEL WORKS. See Ieon Mill, STEVEDORE, seaman, 103 STOKER, labourer, 4 STONE WORKS, limewashing, painting, 66 STORAGE, rooms used for, 66 factory, 66 STRAW, hats, 75 plait, 6, 65 STREET, HIGHWAY, trading, children, x., 246, 248 following in, 30 Sunday, 54, 55 pedlars, 200 hawkers, 203 musicians, ^letropolis, 250 drovers, 54, 55, 258, 25U carts on, 259, 260 drawn by dogs, 260 carriages on, 259, 260 sledges, 260 trucks, 260 barrows, 260 locomotives, 261 — 263 threshing engine within 25 yards, 266 ploughing engine within 25 yards, 260 carrying ladders, &c., 267 scaffold-polos, &c. 267 W.L. '^3 354 INDEX OF SUBJECTS. STREET, HIGHWAY— con W. shoeblacks, 267 crossing sweepers, 267 See Stage, Hackney CAnniAOE ; Motor Car. STUFF, home work, 39 finisher, 5 presser, 5 SUFFOLK, fishing, 139 SUGAR, factory, G6 limewasbing, painting, 66 refining, 78 SUMMARY JURISDICTION. See Procedure. SUNDAY, work on, 50 et sci}. Blackstone, 50 public worship. 50 navy, 187 army, 51 uavy, 51 tradesmen, 51 workman, 51 artificer, 51 labourer, 51 charity, necessity, 51 public selling, 51, 53 barber's apprentice, 52 horsedealer, 52 innkeeper, 52 broker, 52 master barber, 52 farmer, 52 recruiting sergeant, 52 enlistment iu army, 177 hiring servants, 52 baking dinners, 52, 214 bread rolls, 52, 214 bread, rolls, cakes, 52, 214 selling bread, rolls, cakes, 52, 214 baking or delivering meat, 52, 214 puddings, 52, 214 pies, 52, 214 tarts, 52, 214 victuals, 52, 214 prosecution. Act of 1C77, 52, 214, 215 factories and workshops, 52, 53, 73 fairs, 53 markets, 53 drovers, 54, 55 carrier, 54 carter, 54, 55 INDEX OF SUBJECTS. 356 SUNDAY— co»ii application of, 269 exceptions, 269 definitions, 269 Court, 269 passenger boat, 269 lighterman, 269 waterman, 26'.( freeman, 269 who entitled, 269, 270 864 INDEX OF SUBJECTS. WATERMAN AND LIGHTERMAN, THAMES— coniJ. Watermen's and Lightermen's Act, lS59—contd. freeman — contd. charges, 270 election, 270 quarterage, 270 apprentices, 270 age, 270 period, 270 assignment over, 270 licence, 270 licence, 270 person acting without, 270 who may obtain, 270 duration, 270, 271 renewal, 271 fees, 271 stamp duty, 271 number, 271 endorsement, 271 suspension, 271 cancellation, 271 barges, who may work, 271 passenger boats, 271 licence to row, 271 steer, 271 navigate, 271 who may obtain, 271 cost, 271 number of boat, 271 of passengers, 271 painting on, 271 phang place, 271 number of passengers, 271 owner's name, 272 reading, 272 number to be carried, 272 duty to carry, 272 two boatmen, 272 table of charges, 272 to be carried, 272 production, 272 examination, 272 demanding more than legal fare, 272 agreed fare, 272 disclosing own name, 272 name of other watermen, 272 bumboats, 272 obsolete laws, 273 what are, 272 registration, 272 painting on, 272, 273 complaints before Court, 273 Sunday, between Chelsea and Bow Creek, 273 ferries tendered for, 273 carry flag, 273 charges, 273 INDEX OF SUBJECTS. 365 WATERMAN AND LIGHTERMAN, THAMES— cmtd. Thajnes Watermen's and Lightermen's Act, 1893, application of, 273 exceptions, 273 definitions, craft, 273 boat, 274 craft certificate, 274 duration, 274 renewal, 274 name, 274 number, 274 owner's name, 274 number, 274 tonnage, 274 boat licence, 274 duration, 274 renewal, 274 name, 274 number, 274 owner's name, 274 nimiber, 274 number of persons, 274 certificates and licences, 274 duplicates, 274 carrying capacity altered, 274 change of ownership, 274 change of address, 274 Thames Conservancy Act, 1894, 275 lighters and steamboats, 275 contract to serve on, without apprenticeship, 275 execution, 275 registration, 275 certificate to act, 275 revocation, 275 cancellation, 275 suspension, 275 WEARING APPAREL, home work, 69 scarlet fever, 69 small-pox, 69 infectious disease, 69 period of employment, 76 holidays, 81 meal-times, 82 piece work, 83 WEAVING, cotton, 42 ribbon, 76 silk goodri, 83 ticket, 83 signature, 83 particulars of work, 83 name of manufacturer, 63 weaver, 83 date, 83 price per yard, 83 366 INDEX OF SUBJECTS. WEAVING— COH/rf. silk goods— contd. ticket— con^/. duplicate, 83 dispensing with, 83 WEB, elastic, making, 75 WEEK, meaning of, factory, workshop, GO hiring by, 16 forfeiture, 16 WET SPINNING, ■workers in, 69 WHAEF. See Dock. WHITE LEAD, regulations, 70 child, 73 young person, 73 meal-times, 82, S3 WHOLESALE SHOP, Shop Hours Act, 1892, 251 WILL, seaman's, 112, 187, 188 soldier's, 180 WILLEYING, wool, hair, 70 WINDING, raw silk, 75 WOMAN, factory, workshop, definition, 60 deductions for absence, 16 leaving work, 16 Sunday, 52, 63, 73 creamery, 73 Jews, 78 emplovmeut, after child-birth, 73 inside and outside, 81 shop, 81 holidays, different days, 81 meals, same hours, 82 remaining in room, 82 factory, domestic, emplo5Tnent, 80 cleaning mill-gearing, 74 textile, employment, 74, 75 meals, 74, 75 non-textile, employment, 75 — 77 meals, 76, 77 INDEX OF SUBJECTS. 867 WOMAN— con^d. factory, workshop — contd. workshop, employment, 75 — 77 meals, 77 domestic, employment, 80 where no child or young person, 77 employment, 77, 78 husband's wages not paid in coin, 45 guardians of poor, 45 coal mines, 86, 87 metalliferous mines, 94 soldiers' wives, maintenance, 179 policemen's widows, 194 — 196 laundry, 205, 206 agricultural gangs, 237 — 239 WOOD, manufacture of, 66 WOOL, home work, 39, 250 factory, 61 continuous employment, 75 workshop, 83 sorting, regulations, 70 meal-times, 82 WORK. See Workman. adapting articles for sale, 6, 01, 02, 05 aerated waters, 70 agricultural gangs, 237 holdings, 225 implement making, 67 locomotives, 261 alkali, 222 allotments, 230, 234, 236 almanacs, 76, 83 altering articles, 0, 61, 62, 05 anchors, 09, 83 annealing glass, 74 army, 170 ct scq. arsenic, 69, 70 artificial flowers, 76, 83 manures, 82, 83 bakehouses, 64, 67, 69, 75, 82, 214 barges, 9, 269, 271, 273, 274 bathing-machines, 268 bear-baiting, 50 beer-bottling, 70 begging, 248 beU-mctal, 70 biscuits, 70, 82 blast furnaces, 03, 60, 78, 81, 82 bleaching, 61, 62, 67, 76, 77, 79, 82 boats, 269 ct scq., 274 bon-bons, 64, 76 bone, 39, 82 368 INDEX OF SUBJECTS. WORK— coK/J. bonnets, 75 bookbinding, G3, Gl, 75, 70 bootmaking, 83 bottlo-washing, 64 bottling, 70 boxuiaking, 76 brass casting, 67, 82 mixing, 70 bread. See Bread. brickmaking, 60, 73, 70, 2'22 brush works, GO bull-baiting, 56 bumboats, 272 burnishing plate, 76 butter, 74, 76 butty system, 88 cab. See Hackney Carriage. cables, 09, 83 calendering, 76 camel-hair sorting, 70 candles, 67 cardboard, 76 carding, 70 carpet-beating, 64 cart-gear, 69, 83 cartridge-works, 63 catgut, 82 cement, 66 chaff-cutting, 266 charitable institutions, 205 cheese, 70 chemicals, 66, 70, 82 china, 62, 70 clay, 76, 78, 80, 82 grass, 61 Christmas presents, 64, 76 puddings, 76 circus, 249 cloth, 39 coachmaking, 67 coal mines, 44, 47. 84 cocoanut fibre, 61 colours, 70 colour-making, 83 combing, 70 condensed milk, 76 confectionery, 64 copper mills, 63, 66 cosaques, 76 cottage gardens, 2-30, 234 cotton, 39, 61, 63, 250 lace, 89 weaving, 42 cowsheds, 256 cream, 76 creameries, 73, 74, 81, 256 INDEX OF SUBJECTS. 369 \YO'RK—cmtd. Crown, 66, 175, 226 dairies, 256 dangerous performances, 250 delta-metal, 70 digging, 4, 12 dipping lucifer matches, 73 metal, 82 dock. See Dock. domestic factory, 65, 73, 80, 81, 82 workshop, 65, 73, 80, 81, 82 drapery, 75 dressing floors, 76, 78, 80, 82 hides and skins, 67 dry-cleaning, 64 dry-grinding, 73 dusting of colours, 70 dyeing. See Bleaching and Dyeing. earthenware, 62, 70 edged tool, making, 64 elastic, 75 electric station, 63, 67, 70, 78, 82 electro-plate, 69 enamelling, 70 engineering works, 67 engraving, 67 envelopes, 76 explosives, 70, 208 factories, 52, 59 et seq. fairs, 53 fancy-box making, 70, 83 farms, 234 felt hats, 70, 83 ferries, 209, 273 files, 09, 70 finishing articles, 6, 62, 65 yarn, 76 firewood cutting, 76 fireworks, 76 fish-curing, 75, 76, 81, 82 fishing. Sec Fishing . flax, 39, 61, 70, 82, 250 scutch mills, 61, 03, 66, 75, 77, 83 food, making of, 52, 80, 81, 214 foundries, 63, 76 fruit, 75, 76, 81, 82, 239 fur, 39, 250 fur-pulling, 09, 82 furnaces, 78 furniture, 09 hangings, 76 fustian, 39 cutting works, 03 galvanising, 78 gassing, 82 gasworks, 20, 29, 66 glass, 63, 06, 78, 82 w.L. 24 370 INDEX OF SUBJECTS. WORK— cou/J. glazing on wheel, 82 gloves, 65 glue, 76 gravel, 98 griuding ou wheel, 68, 82 rags, 82 grist-mill s, 67 guu factories, 67 metal, 70 gutta percha works, 63 hackney carriage, 55, 115 et scg^. hair, 61 combing, 70 sorting, 82 handicraft, 5, 6 handing, i harvesting, 4 hatworks, 61, 63, 6i, 75, 83 hawking. See Hawkee. hemp, 39, 82, 250 herring barrels, branding, 134 packing, 134 home work, 38, 69, 83, 250 hooking yarn, 76 hosiery, 44, 47 hotel, 2, 3, 252 india-rubber, 63, 70 industrial schools, 205, 246 iron, 250 miUs, 63, 66, 76. 78, 81, 82 ivory, 82 jersey, 39 job dyeing, 76 jute, 82, 83 keys, 69, 83 knitting, 5, 39 lace, 38, 39, 61, 64, 67, 69, 74, 83 lapping yarn, 76 latches, 69, 83 laundries, 10, 11, 205 law proceedings, printing, 80, 81 lead, 69, 70 mines, 78 leather, 39, 250 letter-press printing, 63, 76, 78, 81, 82 lighters. See Barge. lighthouse authorities' ships, 105, 107, 109, 112, 117 Unen, 39, 70, 250 lithographic printing, 76, 83 locks, 69, 83 lucifer match works, 62, 70 dipping, 73 machine ruling, 76 majolica painting, 82 making articles, 61, 62, 65 maniila mixture, 70 INDEX OF SUBJECTS. 371 \YOB.K—co7itd. manual labour, 7 et scq. manures, artificial, 82, 83 marble, 66 market gardens, 225 et seq. markets, 53, 251 meat pies, 76 melting glass, 74 men's workshops. See Factoet, Wobkshop. metal bronzing, 82 dipping, 82 works, 63 metalliferous mines, 84, 93, 99 midwifery, 257 milkshops, 256 millboard, 76 mincemeat, 76 mines. See iliNE ; Miner. mirror silvering, 73 mohair, 89, 250 motor cars, 171 navy, 183 New Year cards, 76 newspaper printing, 78, 80, 81 stall, 252, 253 night work, 60, 78 offensive trades, 222 omnibus, 148, 165 et seq, orange lead, 70 ornamenting articles, 6, 61, 62, 65 packing yarn, cloth, 76 paints, making, 70 paper colouring, 76, 83 enamelling, 76, 83 mills, 61, 63, 76, 78, 81, 82, 83 staining works, 63, 83 stamping, 76 Parliamentary proceedings, printing 60, HI pastime. See Pastime. pearl shell, 82 peddling. See Pedlar. pens, 83 percussion cap works, 62 performing, children, 248 periodicals, 80, 81 phosphor bronze, 70 photograph printing, 82 piece work, 6, 16, 38, 40, 69, 83, 250 pillow laco, 65 pit banks, 64 pitch, 66 plate glass, 81 playing cards, 76, 83 ploughing, 261, 266 polishing in glass works, 82 on wheel 68, 82 postage stamps, 76 21—2 372 INDEX OF SUBJECTS. \\OB,K- contd. postcards, 76 printing. Seo Printing. prison laundry, 205 private house, 05 room, 65 public-house e. See Public-HOUSE. pulling fur, 69, 82 quarries, 64, 70, 82, 84, 98 quay. See Dock. rag and bone depot, 222 rags, 82 railway. See Railway. red lead, 70 refining loaf sugar, 78 reformatories, 205, 246 refreshments. 251 religious institutions, 205 repairing articles, 6, 62, 65 restaurant, 252 retail shops, 80, 81, 251 ribbon, 75 roadmaking, 6 ropeworks, 61, 63, 64, 76, 83 ruling by machinery, 76 salmon fishing, 135 ct seq. salting hides, 67 herrings, 184 sand pit, 98 schools of manual labour, 246 industrial, 205, 246 reformatory, 205, 246 sea fishing, 125 et scq. serge, 39 shaving, 4, 5, 6, 52 sheU fish, 134 ship. See Ship. shipbuilding, 64, 67 shipwreck, protecting, 189 shoeblacking, 248, 267 shoemaking, 83 shops. See Shop ; Shop Club. silk, 39, 61, 82, 83, 250 silvering mirrors, 73 singeing in print, 82 singing, children, 248 skiUed, 5 slate, 66, 94 snaU-shell, 82 soap, 67 sorting hides, 70 wool, hair, 70, 82 rags, 82 spinning machine, 72 silk, 82 sports. See Pastime. stage carriage. See Stage Carbiage. INDEX OF SUBJECTS. 373 VfOBK—contd. stamping iu relief, 76 staniaaries, 84, 99 et seq. starch, 67 steam boats, 269, 271, 274, 275 roller, 261 steelworks. See Iron Mills. stoneworks, 66 storage, 66 straw hat, 75 plait, 6, 65 stuff, 39 sugar, 66, 78 tailoring, 6, 83 tanning, 67 tar, 66 tenement factory or workshop. See Factoky, Workshop. thread, 39 threshing, 261, 265 throwing silk, 75 tiles, 66, 73, 76 tin streams, 76, 80, 82, 99 works. See Iron Mills. tinning, 70 tobacco, 63 trading, street, 246—248 tramways, 148, 152, 154 trimming, 75 turkey-red dyeing, 75, 76, 77 typefounding, 82 underground, 84, 86, 94, 100 upholstery, 69 valentines, 76 vulcanising india-rubber, 70 warehouses, 72, 76, 251, 254 washing wool, hair, 70 bottles, 76 washhouses. See Laundries. water mills, 77 works. 20, 29 wearing ai^parel, 69, 76, 81, 82, 83 weaving cotton, 42 ribbons, 76 web, 75 wet spinning, 69 wharf. See Dock. white lead, 70, 73, 83 wholesale shops, 251 willeying, 70 winding silk, 75 wood manufacture, 66 wool, 39, Gl, 75, 83, 250 sorting, 70, 82 workplace, 65, 67 workshops. See Factory, Workhhoi-. worsted, 39, 250 writing, 7 874 INDEX OF SUBJECTS. WOliK—contd. yachts, 105, 107, 109, 112, 117, 118 yarn, 39 yellow lead, 70 zinc mines, 78 See WOUKMAN. WORKMAN, See Work. acrobat, 249 African seamen, 120 agricultural labourer, 3 alien, soldier, 177 angle-iron smith, 6 apprentice. See Apprentice. artificer. See Artificer. artisan, 99 artist, 5 Asiatic seaman, 120 bailiff, farm, 3, 4 baker. See Baker. ballast-man, 17 barber, 4, 5, 6, 7, 52 barge fireman, 12 biUposter, 267 blood-boiler, 222 boatman, 268, 271 bone-boiler, 222 boy. See Child. broker, 52 builder, 10 labourer, 267 butcher, 5, 55, 219 et scq. caretaker of ship, 103 carpenter, 3, 5 carrier, vi. , 54 carter, 54, 55, 259, 260 caster of metals, 198 caulker, 17 chair-mender, 193 check-weigher, 84, 85, 88, 100 child. See Child. chimney-sweeper, 223 clerk, 7, 49 coachman, 264 coal porter, 17, 264 whipper, 17 coast guard, 188 collier, 6 commercial traveller, 199 conductor. See Conductor. constable, 189, 244 contortionist, 249 crane man, 9 crossing sweeper, 267 currier, 217 dairy maid, 4 INDEX OF SUBJECTS. 375 WORK^IAN— COTzW. designer, 6 director, 49 ditcher, 4 dock labourer, 17 domestic servant. See Servant. donkey driver, 263 draymen, 264 driver. See Deiver. drover, 54, 55, 258 farmer, 3, 52, 256 farm bailiff, 1, 3, 4 labourer, 12 farrier, 217 fellmonger, 222 felt-maker, 217 fire brigade, 243 fireman, 4, 12 fisherman. See Fishing. flower seller, 248 framework knitter, 5 freeman, Watermen's Company, 269 fruit picker, 239 gamekeeper, 56, 264 gangmaster, 238 gardener, 2 gipsy, 203 girl. See Child. glassman, 6 governess, 3 grocer's assistant, 8 guard, train, 8 hairdresser. See Barber. handicraftsman, 1, 5, 6, 7 hawker. See Hawker. hedger, 4 hides, dealer in, 217 higler, 55, 203 home worker, 38, 69, 83, 250 hop picker, 239 horse courser, 55 dealer, 52, 219 hotel housekeeper, 3 servant, 2 housekeeper, 3 huntsman, 3 infant. See Infant. innkeeper, 52 inventor, 5, 6, 8 Jew, 53, 73, 75 journeyman. See Journeyman. keclniun, G knacker. See Slaughtkreh. labourer. Sco LAnouREU. lascar, 108, 119 lighterman, 17, 208—275 lumper, 17 376 INDEX OF SUBJECTS. WORKINIAN— couW. manufacturer, 5 marines, Royal, 177, 182 master of ship, 12 match seller, 2i8 mechanic, 8 mender of chairs, 198 menial servant. Sec Servant. messenger, 2, 252 midwife, 257 militiaman, 177 milk purveyor, 256 miner. See Miner. motor car driver. See !M0T0R Car. muffin seller, 251 musician, street, 250 newsagent, 252, 253 newspaper seller, 248 organ grinder, 250 overseer, 5 Pacific Ocean seaman, 120 page boy, 2, 252 parish clerk, 3 pauper, 241 pedlar. See Pedlar. petty chapman, 198 piece worker, 6, 16, 38, 40, 69, 83, 250 pilot, 12, 103, 121 ct seq. pitman, 6 plater, police, 189 et seq., 244 porter, coal, 17, 264 possession man, 3 postman. See Postman. potman, 2 potter, 6 potter's printer, 10 presser, 5 printer. See Printing ; Print Works. quarry man. See Quarry. recruiting sergeant, 52 reserve forces, 181 rigger, 17 sailor. See Seaman ; Navy. salaried servant, 49 seafaring man, 13, 31 seaman. See Seaman. sempstress, 9, 17 servant. See Servant; Serv.\nt in Husbandry. sheriS's officer, 3 shipwright, 17 shoeblack, 248, 267 shop assistant, 8, 43, 46 silversmith, 5 skiUed, 6 slaughterer. See Slaughterer. smith, 6 INDEX OF SUBJECTS. 377 WORKjMAN-con/i. N- th ud '3. le it. 0. .V. 9. w lir )- t. _1. ' JVKtKE'S Epitome 5rTBT55iiarTropeITy~Ea\v. 6s. 1901. Williams' (Joshua) Principles of the Law of Personal Property, intended for Students. l.'^th Kdit. 21s. 1900. Privy Council. — Practice of the Privy Council on Appeals from British and ColDiiial Courts. With Forms and Prece- dents. 15y F. Staff(juu and G. Wiikklku. 21. lOs. 190L Probate. — Powles «fe Oakley. A Treniise on the Principles and Practice of the Court, of Probate in Contentious and Non-Contentious business. Heinf(tlie3rd Kd. of I'.impwnk CM Pkouate. 1vol. 30s. 1892. Practice. — Strin