UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SCHOOL OF LAW
LIBRARY
A COLLECTION
OF
FORMS AND PRECEDENTS
OTHER THAN CONVEYANCING, COMPANY,
LOCAL GOVERNMENT AND
PRACTICE FORMS,
OF THB MIDDLE TEMPLE, BARRI8TER-AT-LAW,
ASSISTED BY
MONTAGUE R. EMANUEL, M.A., B.C.L.,
OF THE INNEB TEMPLE, BARRISTER- AT -LAW.
IN TWO VOLS.
YOL. II.
LONDON :
SWEET & MAXWELL, LTD.,
3, CHANCERY LANE.
'
STEVENS & SONS, LTD.,
119 & 120, CHANCERY LANE.
1914.
WITHDRAWN
^
;
)w
H.M. IWOMEM OFFICE
T
3
1914-
859
MORTGAGES ().
1. MORTGAGE of a POLICY of ASSURANCE effected on the
LIFE of the MORTGAGOR (6). PROVISO, that PRINCIPAL
shall not be called in for a specified time.
THIS INDENTURE, made the day of , 19, BETWEEN
[mortgagor], of, &c., of the one part; and [mortgagee], of, &c.,of Parties,
the other part, WITNESSETH that in consideration of the sum Tntatwn.
of , now paid to the said [mortgagor] by the said [mortgagee']
of which sum the said [mortgagor] hereby acknowledges the receipt,
the said [mortagor] hereby covenants with the said [mortgagee] Covenant for
to pay to him, his executors, administrators, or assigns, on the
day of - , 19 , the sum of , with interest thereon in the interest.
meantime at the rate of per centum per annum, and also (c) so
(a) For mortgages of patents, see " Patents."
(6) Policies of life assurance seldom form the sole security for an Mortgages of
advance, but are usually supplemented either by a mortgage of other
property, or by the concurrence of sureties in the transaction for the
purpose of guaranteeing the payment of the interest and premiums, and,
sometimes, also of the principal. This concurrence may be effected either
by an independent deed or by making the surety a party to the mortgage
of the policy.
(c) A separate covenant for payment of interest enables the mortgagee
to recover the interest without calling in the principal. Where a mortgage
deed contained a covenant for payment of the principal sum on a specified
day, with interest in the meantime at the rate of 10 per cent., but thero
was no covenant for payment of interest after that day if the principal
should be then unpaid, it was held that interest after the day fixed for
payment was recoverable only as damages at the rate of 5 per cent. Re
Poberts, 14 Ch. D. 48.
p. VOL. II. 1
860
MORTGAGES.
Second
Testatnm.
Aftsignment
of policy.
llabenchtm,
subject to
redemption.
Proviso that
money shall
not be called
in for a
specified
time (rf).
Covenants by
mortgagor to
keep up
policy, &c.
long after that day as any principal money shall remain due under
this mortgage, to pay to the said [mortgagee] his executors, ad-
ministrators, or assigns, interest thereon at the same rate, by equal
half-yearly payments, on the day of - - and the -
day of - in every year. AND THIS INDENTURE
ALSO WITNESSETH, that for the consideration aforesaid,
the said [mortgagor] assigns, and, as beneficial owner, conveys
unto the said [mortgagee'], ALL THAT policy of assurance
on the life of the said [mortgagor], to which he, the said
[mortgagor], is entitled in the Life Assurance Society,
for the sum of , dated this day of , 19 , and
numbered - - at an annual premium of ; AND ALSO the
said sum of thereby assured, and all monies to be recovered
or received under or by virtue of the said policy by way of bonus
or otherwise: To HOLD all the premises UNTO the said [mort-
gagee], subject to redemption by the said [mortgagor], his execu-
tors, administrators, or assigns, on repayment of the said principal
sum of and interest for the same after the rate aforesaid in
pursuance of the covenant in that behalf hereinbefore contained,
and of all other monies (if any) owing on the security of these
presents: PROVIDED ALWAYS, that if the said [mortgagor] shall
pay the interest on the said sum of - half-yearly, or within
thirty days after the same shall become due, and shall commit no
breach of any of the covenants hereinafter contained, the said
[mortgagee'}, his executors, administrators, or, assigns, shall not
require payment of the said sum of before the day of
, 19 , unless the said [mortgagor] shall previously depart this
life, in which case all principal and other monies hereby secured
shall immediately become payable: AND THE SAID [mortgagor]
hereby covenants with the said [mortgagee] that the said policy
is now valid and subsisting for the said sum of , and that all
premiums thereon have been duly paid down to the date of these
presents, and that he, the said [mortgagor], his heirs, executors, or
administrators, will not do, or omit to do, any act whereby the
said policy or any other policy to be effected as hereinafter
mentioned may become void or voidable, but will regularly pay
the premiums payable for keeping on foot the said policy hereby
assigned, and from time to time deliver the receipt for the
premium for the current year to the said [mortgagee'], his execu-
(d) This proviso may, of course, be omitted, if desired.
POLICY OF ASSURANCE. 861
tors, administrators or assigns, within days after the same
shall have become payable; AND THAT if the said policy hereby
assigned shall become voidable, the said [mortgagor] will im-
mediately, at his own cost, do all things necessary for restoring
and keeping on foot the same, and if the said policy shall become
void, will immediately, at his own cost, effect a new policy or
policies on his life in the name or names of the said [mortgagee],
his executors, administrators, or assigns, in an office to be ap-
proved of by him or them, for the sum of at the least; AND Power for
in case he shall at any time refuse, neglect, or omit to pay, e*ff ecfne w 3 **
produce, restore, or effect any such premium, receipt, or policy policy on
within the times or manner respectively aforesaid, it shall be default,
lawful for but not obligatory upon the said [mortgagee], his exe-
cutors, administrators, or assigns, to pay the premium, or restore
or effect the policy to which any such default, refusal, neglect,
or omission shall relate; AND the said [mortgagor], his executors, Coats of new
administrators, or assigns, will on demand repay to the said [mart-
gagee], his executors, administrators, or assigns, all monies which
he or they shall disburse for any of the purposes aforesaid, with
interest thereon at the rate aforesaid, until payment thereof; AND
will do and concur in all acts to enable him and them to effect any
such new or other policy as aforesaid; AND every new policy to
be effected as hereinbefore provided, and the monies to become
payable thereunder, shall be a security for all the monies intended
to be hereby secured, and subject to the covenants and provisions
herein contained in like manner as the said policy and premises
hereby assigned. IN WITNESS, &c.
2. DEED OF COVENANT by two SURETIES that a MORT-
GAGOR shall regularly pay the INTEREST payable under
a MORTGAGE of a POLICY on his LIFE, and the PREMIUMS
in respect of the POLICY, for a given time.
THIS INDENTUKE, made the day of ,19, BETWEEN
[mortgagor], of, &c., of the first part; [surety], of, &c., and [surety], Parties,
of, &c., of the second part; and [mortgagee] of the third part;
WHEREAS by ian indenture of mortgage bearing even date herewith Recitals;
but executed before these presents, and made between the said of mortgage;
1(2)
862 MORTGAGES.
[mortgagor] of the one part, and the said [mortgagee] of the other
part, in consideration of the sum of paid to the said [mort-
gagor] by the said [mortgagee], the said [mortgagor] has cove-
nanted with the said [mortgagee] for the repayment to him the
said [mortgagee], or his executors, administrators, or assigns, on
the day of next, of the principal sum of , with
interest for the same in the meantime after the rate of- -per
cent, per annum; And if the said principal sum shall not bo so
paid on the said day of next, for payment of interest for
the same after the rate aforesaid by equal half-yearly payments on
the - - day of , and the - - day of - - in every year, And
by the indenture now in recital, a policy of assurance for the sum of
effected by the said [mortgagor] on the day cf ,
19 , on his own life with the Life Assurance Company, has
been assigned by the said [mortgagor] unto the said [mortgagee]
for securing the payment of the said principal sum and interest:'
And it is thereby provided that if the said [mortgagor] should
pay the interest [recite fully proviso that money shall not be
called in, see ante, p. 860]: And the said [mortgagor] has cove-
nanted with the said [mortgagee] for payment of the premium
and other monies, which from time to time shall become payable,
for keeping on foot the said policy of assurance, days at
least before the last day allowed for the payment thereof re-
of agreement spectively ; AND WHEREAS upon the treaty for the said mortgage,
and* premiums & was agreed that the payment of the interest of the said principal
should be gum up to and including the said day of (e), if the said
guaranteed
by sureties. principal sum or any part thereof should so long remain unpaid,
and also the payment of the premium and other monies which
during the first years of the continuance of the said policy of
assurance (if the said principal sum or any part thereof should
so long remain unpaid) should become payable for keeping the
said policy of assurance on foot, should be further secured by
the joint and several covenants of the said [sureties] as sureties
Tettatum. f or t h c said [mortgagor]: NOW THIS INDENTURE WIT-
severalove- NESSETH, that in pursuance .of the said agreement, and in
nants of consideration of the premises, the said [sureties], at the request and
with the privity of the said [mortgagor] testified by his execution
of these presents, do and each of them doth hereby covenant with
(e) I.e., the date specified in the proviso not to call in the money.
POLICY OF ASSURANCE. 863
the said \mortcmqee] that the said \mortqaqorl, his heirs, executors. that mor *-
, , n J L gagorwUlpay
or administrators, shall on every day of , and day interest;
of , up to and including the said day of (if the said princi-
pal sum of or any part thereof shall so long remain unpaid),
pay to the said [mortgagee], his executors, administrators, or
assigns, the interest to become due on those days respectively for
the said principal sum of , or for so much thereof as shall
for the time being remain unpaid; AND ALSO shall pay - - days
at least before the last day allowed for payment of the same
respectively, the premium and other monies which during the first and
years of the continuance of the said policy of assurance (if the
said principal sum of , or any part thereof, shall so long re-
main unpaid), shall from time to time become payable for keeping
the said policy respectively on foot: PROVIDED ALWAYS, and it Indulgence to
is hereby agreed, that the giving of time to the said [mortgagor],
his heirs, executors, or administrators, for the payment of any sureties,
principal money or interest hereby secured, or any other indulgence
or arrangement which may be shown or entered into with him or
them, shall not in anywise release or discharge the said [sureties],
or either of them, or their or either of their heirs, executors, or
administrators, from their or his respective liability under the cove-
nants hereinbefore contained. IN WITNESS, &c.
3. MORTGAGE of a POLICY of ASSURANCE effected in the
NAME of the MORTGAGEE; Two SURETIES covenant for
PAYMENT of PRINCIPAL and INTEREST, and of PREMIUMS
on the POLICY.
THIS INDENTURE, made the day of , 19 BETWEEN
[mortgagor], of, &c., of the first part; [surety], of, &c., and Parties.
[surety], of, &c., of the second part; and [mortgagee], of, &c., of
the third part; WHEREAS the said [mortgagee] has agreed to lend Recitals;
tothesaid[mor#gior]thcsum of on having the repayment of agreement
thereof with interest at the rate hereinafter mentioned, secured
in manner hereinafter appearing, and for the purpose of securing O f policy of
such repayment has effected an assurance in his own name on the JJ^J ce 3
life of the said [mortgagor], in the Life Assurance Office for mortgagee ;
the sum of , by a policy dated the day of , 19 ,
864
MORTGAGES.
of agreement
by sureties to
join.
Testalitm.
Joint and
several cove-
nants by
nmrtgagor
and sureties
for payment
of principal
and interest.
Declaration of
charge.
Joint and
several cove-
nants by
mortgagor
and sureties
that policy is
valid ;
to keep policy
on foot ;
numbered and under the annual premium of ; AND
WHEREAS the said [sureties'] have agreed to join in these presents
as sureties for the said [mortgagor] in manner hereinafter appear-
ing: NOW THIS INDENTURE WITNESSETH, that in pur-
suance of the said agreements, and in consideration of the sum of
, this day paid to the said [mortgagor] by the said [mort-
gagee] with the privity of the said [sureties], the receipt and pay-
ment whereof the said [mortgagor] and the said [sureties] hereby
respectively acknowledge, the said [mortgagor] and [sureties]
do, and as separate covenants each of them doth, hereby covenant
with the said [mortgagee], that they the said [mortgagor] and
[sureties], or their respective heirs, executors, or administrators, or
some or one of them, will on the day of , 19 , pay to the
said [mortgagee], his executors, administrators, or assigns, the
sum of , with interest in the meantime at the rate of
per cent, per annum; AND WILL ALSO, as long after that day
as any principal money shall remain due under this mortgage,
pay to him or them interest thereon at the rate aforesaid by equal
half-yearly payments on the day of , and the day of
in every year: AND IT is HEREBY DECLARED that so long as
any principal, interest, or other monies shall remain due on the
security of these presents, the said policy hereinbefore recited
to have been effected, and all monies recoverable or receivable under
or by virtue of the same policy, shall stand charged with, and
shall be redeemable only upon payment of the monies for the
time being so due and owing, and shall thereupon, at the request of
the said [mortgagor], his executors, administrators, or assigns, be
assigned to him or them, or as he or they shall direct; AND the
said [mortgagor] and [sureties] do, and as separate covenants each
of them doth, hereby covenant with the said [mortgagee] as
follows, that is to say, that the said policy is now valid and sub-
sisting for the sum of , and not void nor voidable, and is
free from incumbrances, and that the said [mortgagor] will not
do, or omit to do, nor suffer any act or thing whereby the said
policy or any other policy to be effected as hereinafter mentioned
may become void or voidable, but that the said [mortgagor] and
[sureties], or their respective heirs, executors, or administrators,
or some or one of them, will duly and regularly pay all premiums
and sums of money payable for keeping on foot the said policy,
and from time to time deliver or produce the receipt for every
POLICY OF ASSURANCE. 865
such premium or sum to the said [mortgagee], his executors, ad-
ministrators, or assigns, within -- days after every such premium
or sum shall have become payable: AND that if the said policy to restore
hereinbefore recited to have been effected shall become voidable, P 011 ^ 01 "*? 60 *
' a new policy
the said [mortgagor] and [sureties], and the respective heirs, exe- fa Hen thereof
cutors, or administrators of the said [sureties], or some or one of vo ia
them, will immediately at their or his own cost do, or cause to be
done, all things necessary for restoring and keeping on foot the
same, and if the said policy shall become void, will immediately
at the like cost effect a new policy or policies on the life of the
said [mortgagor] in the name or names of the said [mortgagee],
his executors, administrators, or assigns, in an office to be approved
of by him or them, for the sum of - at the least: AND in case Power for
there shall at any time be any default, refusal, neglect, or ^^? agee to
omission to pay, produce, restore, or effect any premium, receipt, policy on
or policy within the times, and in manner respectively aforesaid,
it shall be lawf ul for but not obligatory on the said [mortgagee],
his executors, administrators, or assigns, to pay the premium or
restore or effect the policy to which any such default, refusal,
neglect or omission shall relate; AND the said [m-ortgagor] and
[sureties], their respective heirs, executors, or administrators, or
some or one of them, will on demand pay to the said [mortgagee],
his executors, administrators, or assigns, all monies which he or
they shall disburse with interest thereon at the rate aforesaid until
payment thereof, and will do and concur in all acts to enable him
and them to revive or effect any such new policy as aforesaid, and
every new policy to be effected as hereinbefore provided, and the
monies to become payable thereunder shall be a security for all
the monies intended to be hereby secured, and subject to the
covenants and provisions herein contained in like manner as the
said policy hereinbefore recited to have been effected, and the
monies to become payable under the same : PROVIDED ALSO, that Proviso that
although as between the said [mortgagor] and the said [sureties], J^bfe"^ 11
the said [sureties] are only sureties for the said [mortgagor], never- mortgagee as
theless as between the said [sureties] respectively and the said
[mortgagee], the said [sureties] shall be taken to be principal
debtors for all monies intended to be hereby secured, so that they
shall not, nor shall either of them, nor the heirs, executors, or ad-
ministrators of them, or either of them, bo released from their or
his liability, under these presents, by reason of time being given
866 MORTGAGES.
to th(5 said [mortgagor], his heirs, executors, or administrators, or
by the release of any collateral securities for the monies intended
to be hereby secured, or by any other forbearance, act, or omission
of the said [mortgagee], or such other person or persons as afore-
said, or by any other matter or thing whereby the said [sureties],
or either of them, or the heirs, executors, or administrators oi'
them, or either of them, would be so released, but for this pro-
vision. IN WITNESS, &c.
4. MORTGAGE of a POLICY of ASSURANCE on the
LIFE of the MORTGAGOR, issued under SPECIAL CON-
DITIONS, a certain number of Premiums having been
paid in advance. INTEREST in advance for a certain
number of years* is DEDUCTED from the PRINCIPAL ;
COVENANT for payment of INTEREST in advance there-
after; PROVISO that the PRINCIPAL shall NOT be CALLED
in for a certain time if the Mortgagor shall so long
live; and other SPECIAL PROVISIONS.
THIS INDENTURE, made the- -day of -- , 19, BETWEEN
Parties. [mortgagor], of, &c., of the one- part; and [mortgagee], of, &c., of
Recitals; the other part; WHEREAS by a policy of assurance, effected by the
of policy of sa i(i [mortgagor] with the - Assurance Society, dated the
assurance . . , .
effected under day of - , 19 , and numbered -- , in consideration oi
s?a certain P aid b > tnc said [mortgagor] to the said society, the sum of
number of is assured to be paid to his executors, administrators, or assigns,
hav^ng'been within .one calendar month after satisfactory proof of his death
paid m shall have been received at the office of the said society, without
advance ;
any further payment, if such death shall happen on or before the
- day of , 19 , but thenceforth, at and under the
annual premium of , and subject to certain conditions and
regulations endorsed upon the said policy, as far as the same were
or should be applicable, in the same manner as if the same ro-
of agreement spectively were repeated and incorporated therein; AND WHEREAS
the said [mortgagee] has agreed to lend to the said [mortgagor] the
sum of , upon having the repayment thereof with interest at
the rate hereinafter mentioned, secured in manner hereinafter ap-
ft * iin Soiild l )Curin fc r; ^ ND WHEREAS, upon (ho treaty for the said loan it was
POLICY OF ASSURANCE. 867
agreed that the said [mortgagor] should, out of the said principal
sum of -- , pay to the said [mortgagee] the sum of -- , being a certain'
the amount of - years' interest at the rate hereinafter mentioned numbe f " f
J ... years interest
on the same sum, and that in consideration thereof, the repayment in advance.
of the said principal sum of - should be deferred for the
term of - years, that is to say, until the -- day of -- , unless
the said [mortgagor] should die in the meantime, and that such pro-
vision should be made as is hereinafter contained in the event of
the said [mortgagor] dying before the -- day of- aforesaid
for a deduction or allowance of a proportionate part of the said
sum of -- for the portion of the term which shall then remain
unexpired. NOW THIS INDENTURE WITNESSETH that, T*iat um .
in pursuance of the said agreement, and in consideration of the
sum of -- this day paid to the said [mortgagor] by the said
[mortgagee], the receipt whereof the said [mortgagor] hereby ac-
knowledges, but out of which sum of - the said [mortgagor]
has paid to the said [mortgagee] the sum of -- , in pursuance
of the hereinbefore recited agreement in that behalf, the receipt of
which sum of - the said [mortgagee] hereby acknowledges,
the said [mortgagor] hereby covenants with the said [mortgagee] Covenant for
that he the said [mortgagor], his heirs, executors, or administrators,
will, on the - day of - - next, pay to the said [mortgagee], interest
his executors, administrators, or assigns, the sum of -- , tho
interest whereon, to accrue duo in the meantime, and also there-
after, until the day of -- , 19 , aforesaid, has been already
paid by the said [mortgagor] as aforesaid; AND will also, if and
so long as after the -- day of -- -, 19 , aforesaid, any principal
money shall remain due under this mortgage, pay to the said
[mortgagee], his executors, administrators, or assigns, interest
thereon at the rate of per cent, per annum, without any de-
duction, by equal half-yearly payments in advance on the -- day
of -- and the -- day of in every year. AND THIS IN- Second
DENTURE ALSO WITNESSETH that, in further pursuance Tesl
of the said agreement and in consideration of the premises the said
[mortgagor] hereby assigns, and, as beneficial owner, conveys unto Assignment of
the said [mortgagee] ALL THAT the said policy of assurance here- po cy *
inbefore described, Together with the said sum of -- thereby
assured, and all other monies assured or to become payable by
virtue thereof, and the full benefit thereof; To HOLD the said
policy and premises hereby assigned unto the said [mortgagee],
SUBJECT to the proviso for redemption hereinafter contained: PRO-
868
MORTGAGES.
Proviso for
redemption.
Proviso that
the principal
shall not be
called in for
a certain
time.
VIDED ALWAYS, that if the said [mortgagor], his heirs, executors, ad-
ministrators, or assigns, shall pay to the said [mortgagee], his exe-
cutors, administrators, or assigns, the said principal sum of
(subject to such deduction or allowance as is hereinafter provided)
on the day of - - next, then the said [mortgagee], his exe-
cutors, administrators, or assigns, will, at any time thereafter, at
the request and at the cost of the said [mortgagor], his heirs, execu-
tors, administrators, or assigns, re-assign the said policy to
the said [mortgagor], his executors, administrators, or assigns,
or as he or they shall direct [Covenant by mortgagor to
keep up policies and power for mortgagee to effect insurances
on default, <&c., ante, pp. 860, 861] : PROVIDED ALWAYS
that if and so long as all the covenants and stipulations
(other than the covenant hereinbefore contained for payment of
the said principal sum of hereby secured) herein contained or
implied by statute or otherwise, and on the part of the said [mort-
gagor] to be observed or performed, shall be observed and performed
by him, and if the said [mortgagor] shall not, in the meantime,
become bankrupt or enter into any statutory or other composition
or scheme for the arrangement or liquidation of his affairs for the
benefit of his creditors, the said principal sum of shall not,
nor shall any part thereof, be called in nor shall payment thereof,
nor of any part thereof, be enforced until the day of , 19 ,
Provisoes that
if mortgagor
shall die or
repay the
the fixed day then and in such case the said principal sum of shall become
if the said [mortgagor] shall so long live: PROVIDED ALWAYS, that
if the said [mortgagor] shall die before the day of , 19 ,
of repayment,
the surplus
interest shall
be deducted
from the
principal ;
payable to the said [mortgagee], his executors, administrators, or
assigns, immediately after the death of the said [mortgagor], de-
ducting therefrom a proportionate part of the said sum of
[sum retained for interest] for the period which shall then remain
unexpired of the said term of years from the date of these
presents, and that if the said principal sum of , after such
deduction therefrom as aforesaid, shall not be so paid, then interest
shall thenceforth be payable on the said principal sum of ,
after such deduction therefrom as aforesaid, at the rate of
per cent, per annum, until payment thereof, anything hereinbefore
contained to the contrary notwithstanding: PROVIDED ALWAYS that
if the said [mortgagor] shall, before the day of , pay the
said principal sum of (which, upon giving calendar
months' notice in writing, he shall be at liberty to do), then he
the said [mortgagor] shall bo entitled to deduct therefrom a pro-
POLICY OF ASSURANCE. 869
portionate part of the said sum of -- for the period which shall
then remain unexpired of the said term of years from the date
of these presents: AND IT is HEREBY FURTHER AGREED that if de- that costs, &c.,
fault shall be made in payment of the said principal sum of -- , solicitor and
or any part thereof, contrary to the covenant for payment thereof c lent
hereinbefore contained, then the said policy of assurance and prc- themortgaged
rnises hereby assigned, and also such policy or policies as shall be po lcy *
effected in pursuance of the covenant in that behalf hereinbefore
contained, shall stand charged with the payment of all such costs,
charges, and expenses (if any) as shall be incurred by the said
[mortgagee], his executors, administrators, or assigns, in or about
the exercise or attempted exercise, or in any wise relating to any
statutory power of sale, or other power herein contained, or con-
ferred or implied by statute, by virtue of or incident to these
presents, or in or about any action or other proceeding or pro-
ceedings for the recovery of the principal monies and interest
hereby secured, or foreclosing the equity of redemption of the
mortgaged premises, or for obtaining payment of any monies
hereby assigned or otherwise, in relation to these presents, such
costs to be reckoned and allowed as between solicitor and client:
PROVIDED ALWAYS that it shall be lawful for the said [mort- Proviso as to
gagee], his executors, administrators, or assigns, to exercise the ""^^
power of sale conferred on mortgagees by statute so soon after any payment.
principal monies hereby secured shall become payable and liable
to be called in, as notice, pursuant to the 20th section of the Con-
veyancing and Law of Property Act, 1881, requiring payment of
such monies, shall have been served on the said [ntortgagor], his
heirs, executors, or administrators, or some or one of them, and
default shall have been made in payment of such monies, or any
part thereof, for one calendar month after such service, or so
soon as some interest under this mortgage shall be in arrear and
unpaid for one calendar month after becoming due: PROVIDED Proviso
ALSO, and it is hereby expressly declared, that the 17th section rio-hTof^on-
of the said Act shall not apply to these presents, it being the solidation.
intention of the parties thereto that it shall be lawful for the
said \_mortgagee~], his executors, administrators, and assigns, to
consolidate this security with any security held by him or them
or property other than that herein comprised.
IN WITNESS, &c.
870
MORTGAGES.
Parties.
Recital of
will be-
queathiug
legacy.
Of death of
testator and
probate of
will;
That mort-
gagor is
entitled to
legacy;
That legacy
5. MORTGAGE of a LEGACY. VARIATION where the Mort-
gage is of a REVERSIONARY UNDIVIDED SHARE in
GENERAL PERSONAL ESTATE ; Also, where it is of a
FUND in COURT.
THIS INDENTURE, made the day of , 19 BETWEEN
[mortgagor], of, &c., of the one part; and [mortgagee], of, &c.,
of the other part; WHEREAS [testator], of , deceased, the father
of the said [mortgagor], by his will dated the day of ,
19 , bequeathed unto each of his children the sum of 1,000, to
be payable when such children should respectively attain the ago
of twenty-one years (/), and appointed [executors], executors of
his said will; AND WHEREAS the said [testator] died on the
day of without having revoked or altered his said will, which
was d,uly proved by the said [executors], on the day of ,
in the Principal Registry of the Probate Division of His Majesty's
High Court of Justice (gr); AND WHEREAS the said [mortgagor]
attained the ago of twenty-one years on the - - day of - (h) ;
AND WHEREAS the said legacy has not yet been paid, and the
(/) Or, " bequeathed unto [trustees] all his personal estate what-
soever and wheresoever, upon trust to pay the income thereof to
[ivife] his wife, during her natural life, and, at her decease, to
divide the same personal estate equally between his children, share
and share alike, for their respective absolute use and benefit."
(#) "And whereas the said [wife] the widow of the said [testator]
is still living; and whereas the said [testator] left four children
living at his decease, and the said [mortgagor] is one of such
children."
(A) If an action has been instituted for carrying into effect the trusts
of the testator's will, in which an order has been made, say:
" And whereas by an order of the Chancery Division of His
Majesty's High Court of Justice, dated the day of , made
by his Lordship Sir [A. B.] one of the judges of the said Court, in
an action wherein [C.D.] and others are plaintiffs, and the said
[executors] are defendants: [recite the introductory part of the
order] It was ordered that the trusts of the said [testator's] will
should be established and carried into execution, and that it should
bo referred," &c. [state the terms of the order, and the subsequent
proceedings (if any] in chambers'].
LEGACY. 871
said [mortgagee] has agreed to lend the said [mortgagor] the sum 8ti N unpaid
of , at interest, on the security thereof: NOW THIS IN- mentfor
DENTUEE WITNESSETH, that, in consideration of the sum loan -
of this day paid by the said [mortgagee] to the said [mort-
gagor], (the receipt whereof the said [mortgagor] hereby acknow-
ledges), he the said [mortgagor] covenants [Covenant to pay princi-
pal and interest] : AND THIS INDENTURE ALSO WIT- Second
NESSETH, that, for the consideration aforesaid, he the [mort- . ,
fjagor] hereby assigns, and, as beneficial owner, conveys unto the of legacy,
said [mortgagee], ALL THAT the (i) legacy or sum of 1,000 so
bequeathed to him the said [mortgagor] by the hereinbefore recited
will of the said [testator], deceased, as aforesaid, and all monies to
become due and payable in respect of the same legacy (fr), TO-
GETHER with full power to demand, sue for, recover, receive, and
give effectual discharges for the same legacy and monies in the
name or names of the said [mortgagor], his executors or administra-
tors, or otherwise: To HOLD the said legacy (?) and other the Habendnm.
premises hereby assigned unto the said [mortgagee], his executors,
administrators, and assigns, UPON TRUST to receive the same, and
thereout in the first place to pay all costs and expenses of and inci-
dental to obtaining payment thereof, and in the next place to,
retain to himself and themselves all principal monies and interest
which shall then be due to him or them under or by virtue of this
security; AND to pay the surplus (if any) of the said legacy and
premises unto the said [mortgagor], his executors, administrators,
or assigns (m) ,
IN WITNESS, &c.
(i) " one undivided fourth part or share of him the said [mort-
gagor], and all other his part and share of and in the personal estate
of the said [testator] deceased, given and bequeathed in and by
his hereinbefore-recited will, and all and every sums," &c.
(&) Add, if the assignment is of a fund in Court
" and all and every such sums or sum of money as shall be payable
to or recoverable by the said [mortgagor] under or by virtue of
the hereinbefore-recited order, or otherwise in the hereinbefore-
mentioned action."
(/) "undivided part or share."
(TO) If the assignment is of a fund in Court, proceed as follows:
"And the said [mortgagor] hereby empowers the said [mortgagee],
MORTGAGES.
Parties.
Recitals :
of title or
claim of
mortgagor ;
of proceedings
in action, and
state of fund
in Court ;
of agreement
for loan.
Testatiim.
6. MORTGAGE of REVERSIONARY INTEREST in a FUND
in COURT. PROVISO for CAPITALIZATION of INTEREST.
POWERS for MORTGAGEE to obtain a STOP ORDER and
INSTITUTE and DEFEND PROCEEDINGS in ACTION.
THIS INDENTURE, made the- -day of , 19 , BETWEEN
[mortgagor], of, &c., of the one part; and [mortgagee], of, &c. and
[mortgagee] of, &c., of the other part; WHEREAS the said [mort-
gagor] as one of the children of [A. B., mother of mortgagor], is
or claims to be entitled, under a will dated the day of ,
19 , of [testator], deceased, in reversion expectant on the death
of [person entitled to life interest in the fund], to one equal -
part, or share of and in the residuary estate of the said [testator]
and the monies, stocks, funds, and securities for the time being
constituting or representing the same; AND WHEREAS [Recite any
proceedings in the action]; AND WHEREAS the stocks, funds, and
investments constituting or representing the residuary estate
of the said [testator] are now the following, that is to say, the
sum of- and , standing in the name of the Paymaster-
General of the Chancery Division of His Majesty's High Court
of Justice in the said action; AND WHEREAS the said [mortgagees]
have agreed to lend to the said [mortgagor] the sum of upon
having the repayment of the same with interest at the rate here-
inafter mentioned secured in manner hereinafter appearing; AND
it has also been agreed that the said loan shall be continued and
the interest to accrue upon the said sum of shall be forborne
and allowed to accumulate by way of compound interest at the
option of the said [mortgagor] in manner hereafter appearing:
NOW THIS INDENTURE WITNESSETH, that in pur-
his executors, administrators, and assigns, at the cost of the said
[mortgagor], his executors or administrators, to apply for, and ob-
tain, and in the name or names of the said [mortgagor], his execu-
tors or administrators, to concur in obtaining, or to consent to
an order in the said action for the purpose of preventing the
payment or transfer of the monies and premises hereby assigned
to any person or persons other than the said [mortgagee], his
executors, administrators, or assigns, without due notice thereof
to him or them, and to instruct solicitor and counsel accordingly."
REVERSIONARY INTEREST. 873
suance of the said agreement and in consideration of the sum of Covenant to
-- now paid to the said [mortgagor] by the said [mortgagees] and merest*
out of monies belonging to them on a joint account (the receipt
of which sum of - the said [mortgagor] hereby acknow-
ledges), the said [mortgagor] hereby covenants, &c. [Covenant for
payment of principal and interest, ante, p. 859]: AND THIS IN- Second
DENTUEE ALSO WITNESSETH, that in further pursuance *
of tho said agreement and for the consideration aforesaid, the said
[mortgagor] hereby assigns, and, as beneficial owner, conveys unto
the said [mortgagees], ALL THAT part or share to which he the said
[mortgagor], as one of the three children of the said [A. B., mother
of mortgagor], is entitled under the hereinbefore recited will of
the said [testator], or otherwise, of or in the said sums of stock
respectively now constituting or representing the residuary estate
of the said [testator] as aforesaid, and of or in all other (if any)
the monies, stocks, funds, and securities, for the time being con-
stituting or representing the said residuary estate; To HOLD all Hnbendum,
the premises hereby assigned UNTO the said [mortgagees], their
executors, administrators, and assigns, SUBJECT to the proviso of subject to
redemption following, that is to say, that if the said [mortgagor], redem P tlon -
his executors, administrators, or assigns, shall on the -- day of
, 19 , pay to the said [mortgagees^, their executors, adminis-
trators, or assigns, the sum of - and interest thereon at the
rate aforesaid, then the said [mortgagees], their executors, adminis-
trators, or assigns, will, at the request and cost of the said [mort-
gagor], his executors, administrators, or assigns, reconvey the
premises to the use of the said [mortgagor], his executors, adminis-
trators, and assigns, or as he or they shall direct. PROVIDED Proviso that
ALWAYS, that during the period of- years from the date of noTbe P called
these presents, if the said [person entitled for life] and [mortgagor] in during
shall both of them so long live, the said principal sum of - life tenant and
shall not, nor shall any part thereof, be called in, and in the like
event the interest accruing upon the said principal sum of - capitalization
during such period of years, and also all interest accruing
upon that or any other interest forborne and allowed to accumulate
by virtue of this present proviso, shall from time to time, and as the
same shall accrue half-yearly, bo forborne and added to the said
principal sum of -- as or in the nature of a further advance;,
AND shall carry interest at the rate of - per cent, per annum,
which shall be considered to be accrued due and payable from
time to time on the respective half-yearly days hereinbefore ap-
874
MORTGAGES.
Proviso that
mortgagor
may never-
theless pay
interest so as
to prevent
capitalization.
Proviso deter-
mining
provision for
continuance of
loan and
capitalization
of interest in
certain events.
pointed for payment of interest on the said principal sum of ,
so that by the addition and capitalization of interest as aforesaid,
the total principal monies hereby secured may be augmented upon
the footing of an accumulation at compound interest computed at
the rate of per cent, per annum, with rests taken or made
half-yearly on the day of and the day of - respec-
tively ; AND IT is HEREBY AGREED that all such additions by means
of capitalized interest, whether on the said principal sum or any
interest added thereto in the nature of further advances, shall be
charged upon all and singular the premises hereby assigned, and
shall to all intents and purposes be within the scope and operation
of the present security; AND FURTHER, that all such additions to
the said principal sum in the nature of further advances shall bo
payable by the said [mortgagor], his heirs, executors, and ad-
ministrators, upon the same being demanded by the said [mort-
gagees], their executors, administrators, or assigns; AND he the
said [mortgagor] hereby covenants for payment thereof upon de-
mand accordingly; BUT, nevertheless, it is hereby agreed that
in the event hereinbefore specified for the continuance of the said
principal sum of , any additions made thereto as aforesaid
shall not, nor shall any part thereof or interest thereon, be called 1
in during the said determinable period of years from the date
of these presents: PROVIDED ALWAYS, that notwithstanding any-
thing hereinbefore contained, it shall be lawful for the said [mort-
gagor], at any time Avithin days after any half -yearly day
appointed for the payment of interest under these presents, to pay
the interest accruing on such half-yearly day, which would under
the proviso hereinbefore in that behalf contained be treated as
or on the footing of a further advance made on that day; AND
every such payment of interest within days after the appointed
half-yearly day, shall wholly prevent the capitalization of the
interest so paid, but without interfering with the computation
and capitalization of prior or subsequent interest; AND THAT in
the event of the death of the said [person entitled to life interest]
or of the said [mortgagor] taking place within the said period
of - years, then immediately and without any notice being given
or any step taken for the purpose, the said provisions hereinbefore
contained for continuance of the said principal sum of and
forbearance of interest shall cease to have any further or pro-
spective operation, except so far as may be necessary for ascer-
taining the amount of the principal monies and interest owing
REVP:RSIONARY INTEREST. 875
upon the present security at the time of the happening of such
event: PROVIDED ALWAYS that it shall be lawful for the said Power to
[mortgagees], their executors, administrators^ and assigns, at any r ^J. n p
time during the subsistence of this security, to appear either as
plaintiffs or defendants for the said [mortgagor], his executors or
administrators, in the said action or any proceedings taken or to
be taken therein for the purpose of obtaining a stop order or
stop orders, or of protecting the share, right, and interest of the
said [mortgagor] in the premises and otherwise to act in relation
to the premises as the said [mortgagees], their executors, adminis-
trators, or assigns, shall from time to time think proper, without
the necessity of serving any notice or order upon the [mortgagor],
his executors, administrators, or assigns, or any person or persons
in his or their behalf, or of obtaining his or their concurrence, and
for the purposes aforesaid to instruct solicitors, counsel, and others,
as the said [mortgagees], their executors, administrators, or assigns,
may be advised : PROVIDED ALSO that for the purpose of enabling Power for
the said [mortgagees], their executors, administrators, and assigns, fagtitSfTntT
to obtain the full benefit and advantage of the assignment hereby defend pro-
made the said [mortgagor] hereby authorises and empowers the
said [mortgagees], their executors, administrators, and assigns, to
institute, prosecute, defend, appear or concur in, or compromise, or
put an end to all such actions or other proceedings as the said [mort-
gagees] shall think expedient to institute, or which shall have been
instituted either for recovering possession or obtaining payment
of the several parts, shares, and premises hereby assigned, or any
of them, or any monies which shall or may become recoverable or
receivable in respect of the same or any of them, when and as
the premises shall cease to be reversionary and become recoverable
or receivable, and generally for such purposes, or any of them, to
execute and give all such receipts, agreements, and releases by
deed or otherwise as he or they shall think reasonable and proper,
and to use the name or names of the said [mortgagor], his executors
or administrators, as the said [mortgagees] shall think fit; AND
it is hereby expressly agreed that all costs, charges, and expenses
as between solicitor and client to be incurred in the exercise of the
powers hereby given, or any of them, shall be considered as covered
by this present security, and bo allowed accordingly.
IN WITNESS, &c.
B. VOL. ii. 2
MORTGAGES.
Parties.
Recitals:
of partner-
ship ;
of agreement
for loan.
Textatum.
Covenant to
pay principal
and interest
by monthly
instalment*.
Second
Tfstalum.
Charge of
shares in
partnership
Covenants by
mortgagor ;
7. MORTGAGE of a SHARE in a PARTNERSHIP BUSINESS,
the PRINCIPAL to be PAID by MONTHLY INSTALMENTS (w).
THIS INDENTURE, made the
day of
19-,
BETWEEN [mortgagor], of, &c., of the one part; and [mortgagee],
of, &c., of the other part; WHEREAS the said [mortgagor] is a
partner in the firm of - , carrying on the business of - , at
, in the county of , under articles of partnership dated
the - - day of - ; AND WHEREAS the said [mortgagee] has
to lend to the said [mortgagor] the sum of ,
upon having the repayment of the same by instalments, with
interest for the same, or for so much thereof as shall for the time
being remain unpaid secured in manner hereinafter appearing:
NOW THIS INDENTURE WITNESSETH that, in pur-
suance of the said agreement and in consideration of the sum
of - now paid to the said [mortgagor] by the said [mort-
gagee'] (the receipt whereof the said [mortgagor] hereby acknow-
ledges), the said [mortgagor} hereby covenants with the said
[mortgagee] to pay to him the sum of (o) within the period
of calendar months from the date of these presents by equal
monthly instalments, the first of such payments to be made on
the day of next, and the last of such payments to be
made on the day of , 19: AND THIS INDENTURE
ALSO WITNESSETH that the said [mortgagor] hereby
charges ALL THAT his share and interest in the said business,
and in the goodwill thereof, and in the capital, book debts, and
assets thereof, other than personal chattels within the meaning of
the Bills of Sale Acts, with the repayment to the said [mort-
gagee], his executors, administrators or assigns, of the monies
hereby secured at the times and in manner aforesaid; AND
the said [mortgagor] hereby covenants with the said [mortgagee]
() The assignment or mortgage by a partner of his share in the
business is now provided for by sect. 31 of the Partnership Act, 1890.
The assignee is not entitled to interfere in the management, require
accounts, or inspect books, but only to receive the assigning partner's share
of profits. A loan of money to a person engaged in business in return for
a share of profits, or at a rate of interest varying with profits, does not
necessarily make the lender a partner.
(o) This sum will be the aggregate amount of principal and interest,
an equal part of which will be repaid monthly by way of instalments.
SHARE IN PARTNERSHIP. 877
that he the said [mortgagor] will, so long as he shall continue a to observe
partner in the said firm, and during the continuance of this partnership;
security, duly observe and perform all the covenants, conditions
and stipulations contained in the said articles, and on his part
to he observed and performed; AND that he will not do or suffer
-anything whereby the said partnership may be determined, or the
said share or interest, and premises hereby charged, or any of
them, may be incumbered or alienated, save in the ordinary course
-of business, or otherwise prejudicially affected in any way what-
soever; AND that he will at all times devote his time and atten- to devote
tion to the said business, and diligently and faithfully employ, business:
himself therein, and use his utmost endeavour to carry on the
same to advantage; AND that he will from time to time inform to give
and keep informed the said [mortgagee], his executors, adminis- to state of"*
trators and assigns, if and whenever requested so to do, of the business;
state and condition of the affairs of the said business, and of the
liabilities, assets, profits and losses thereof; AND will insure or to insure the
cause to be insured the leasehold premises in street, in premises ;
aforesaid, or any other premises in which the same business may
for the time being be carried on, together with the fittings and
fixtures thereof, against loss or damage by fire to the full value
thereof: PROVIDED ALWAYS, that any insurance of the same insurance
premises, effected or to be effected pursuant to the covenants in be pro tanto
t'hat behalf contained in the lease or leases under which such performance
of this cove-
-premises are held, shall be deemed to be pro tanto a performance nant.
of this covenant; AND the said [mortgagor] hereby irrevocably Power of
appoints the said [mortgagee], his executors, administrators and
assigns, to be his lawful attorney and attornies in the name and
on behalf of the said [mortgagor] to give notice of dissolution of
the said partnership, and to demand and take all accounts pur-
suant to the said articles of partnership, and to demand, sue for,
recover, receive and give valid receipts for all monies, effects and
things to which the said [mortgagor] is entitled under the said
articles of partnership, or otherwise in relation to the premises,
and for the purposes aforesaid or any of them to execute and do
all such instruments and things as may be deemed necessary or
expedient: PROVIDED ALWAYS, that if the said [mortgagor] shall Proviso that
die, or if he or the said firm shall become bankrupt, or enter into events the
any composition or scheme for the arrangement or liquidation, whole amount
statutory or otherwise, of his or their affairs, for the benefit of become pay-
2 (2) able "
878 NOTICES.
his or their creditors generally, or if he shall fail to observe amf
perform any of the covenants herein contained and on his part
to be observed and performed, and particularly if he shall at any
time during the continuance of this security absent himself from
the said business at any time for more than days, except in
case of illness, without the consent of the said [mortgagee], his
executors, administrators, and assigns, then and in any such case-
the whole of the said sum of [principal and interest] shall
Proviso as to immediately become due and payable: PROVIDED ALWAYS, that
exercise of . , . , /
power of if the whole of the said sum shall become so due and payable as
sale - aforesaid, then the statutory powers of salo conferred on mort-
gagees by the Conveyancing and Law of Property Act, 1881,
shall immediately become exercisable without any restrictions as
to giving notice or otherwise.
IN WITNESS, &c.
NOTICES (MISCELLANEOUS).
1. CESTUI QUE TRUST to TRUSTEES, calling upon them to
sell STOCK, and place out MONEYS on MORTGAGE.
I HEREBY authorise and request you to sell the sum of
Two and a Half per centum Consolidated Stock, now standing
in your names, as trustees of the will of [testator], my late hus-
band, deceased, and to lend the moneys arising therefrom to
[intended mortgagor], on the mortgage security of two leasehold
messuages, situate in , held for the remainder of a term of
seventy years, commencing in the year 1900, and respectively
subject to the general ground rents of and .
As WITNESS my hand, this - - day of - , 19.
To [Trustees]. (Signed) [Cestui que trust].
NOTICES. 879
2. STATUTORY NOTICE to CREDITORS (a).
[A. B.], deceased. PURSUANT to the Act of Parliament 22nd and
23rd Viet. c. 35, notice is hereby given that all creditors and
other persons having any claims or demands upon the estate of
[A. B.], late of, &c., deceased (who died on the - - day of
, 19 , and whose will was proved in the District Registry at
, of the Probate Division of the High Court of Justice, on
the day of - , 19 , by [executor], of, &c., the sole executor
named in the said will), are hereby required to send in writing;
full particulars of such claims and demands to the said executor
or to the undersigned Messrs. [C. D.] & Co., of No. - , -
Street, in the city of London, his solicitors, on or before the
- day of - next, after which date the said executor will
proceed to distribute the assets of the said testator among the
persons entitled thereto, having regard only to the claims and
demands of which he shall then have notice, and that he will not
be liable for the assets of the said testator, or any part thereof,
so distributed, to any person of whose debt or claim ho shall not
then have had notice.
Dated this - day of -.
[C. D.]&Co.,
Solicitors for the Executor.
3. GRANTOR of ANNUITY to GRANTEE, of intention to RE-
PURCHASE.
I HEREBY give you notice, that, pursuant to a power contained
in an indenture of grant of annuity, dated the day of - ,
executed by you to me, I intend to re-purchase the said annuity
at the expiration of three calendar months from the date hereof.
And that I shall be prepared to pay to you at that time all
arrears of the said annuity, together with the sum of , the
(a) As to the distribution of the assets of a testator or intestate after
notice given by the executor or administrator to creditors to send in their
claims, see stat. 22 & 23 Viet. c. 35, s. 29.
880 NOTICES.
price stipulated for the redemption thereof by the terms of the-
said indenture.
As WITNESS my hand, this - - day of , 19 .
To Mr. [Grantee]. [Signature of Grantor],
4. PURCHASER to VENDOR, of Appointment of REFEREE
to value FIXTURES.
I HEREBY give you notice that pursuant to the contract
entered into on the - - day of - , for the purchase by me,
of you, of a messuage or dwelling-house, situate in - , and
the fixtures therein, I have appointed [referee] as my nominee, to
make the valuation of the said fixtures; [and I beg to remind
you, that unless you also nominate some person on your behalf
to concur with the said [referee] in making such valuation, within
- days, my said nominee is empowered to proceed therein
alone].
As WITNESS my hand, this - - day of - , 19 .
To [Vendor]. (Signed) [-Purchaser].
5. VENDOR'S SOLICITORS to PURCHASER to complete PUR-
CHASE.
SIR,
We hereby give you notice, on behalf of our client, Mr. - ,
of, &c., the vendor of the freehold house and lands lately contracted
to be purchased by you by an agreement dated the - - day of
, that the day thereby fixed for completion of the purchase
is now long past, and that the vendor is ready and willing to make
and execute, and to procure the concurrence of all necessary parties
(if any) to a conveyance to yourself, or as you shall direct, of the
fee simple in possession of the premises comprised in the said
agreement, in accordance with the conditions and stipulations of
the same; and that the vendor requires you, within - - days
from this date, to complete the purchase, and pay the remainder,
of tho purchase-money with interest up to the day of such com-
pletion, as provided by the said agreement: And I further give
you notice, that the vendor will hold you liable for all loss ox
NOTICES.
damage which may be incurred by him by reason of any delay-
er default on your part in completing the said purchase, or other-
wise in relation to the said agreement.
We are, &c.,
A. B. &Co.,
To [Purchaser], Esq. Vendor's Solicitors.
6. PURCHASER to VENDOR that his MONEY is producing
no INTEREST.
I HEREBY give you notice, that the sum of , the unpaid
portion of the purchase-money, payable by me to you under the
contract between us, bearing date the day of - , is now
in the hands of my bankers, Messrs. - , having been appro-
priated to a special account to my credit, and is producing no
interest or advantage whatsoever [and therefore I shall hold myself
discharged from any obligation henceforth to pay interest for
the same].
As WITNESS my hand, this - - day of - , 19 .
To [Vendor], (Signed) [Purchaser].
7 . TO produce TITLE-DEEDS.
I HEREBY give you notice, and require you to produce to Mr.
[solicitor], of - , solicitor, on the day of - - next, on
his application at your residence in the city of - , all the deeds
and writings mentioned or referred to in an indenture dated the
day of - , by which the same were covenanted to be pro-
duced by you to me [or, by which you acknowledged my right
to production of the same] ; and I hereby undertake to pay you the
reasonable costs and charges which may attend the production of
the said deeds and writings, on your informing me of the amount
thereof.
As WITNESS my hand, this day of , 19 .
To Mr. [Covenantor]. (Signed) [Covenantee].
$88
NOTICES.
8. ONE PARTNER to another, of INTENTION to dissolve
PARTNERSHIP.
UNDER and by virtue of the power in this behalf contained
in the deed of articles establishing the partnership subsisting
between you and me, dated the day of - , 19 , I hereby
give you notice, that it is my intention to dissolve the said partner-
ship on the day of - - next.
As WITNESS my hand, this - - day of - , 19 .
To Mr. [Partner]. [Signature of Partner].
9. ONE PARTNER to his CO-PARTNERS, of INTENTION to
RETIRE from the PARTNERSHIP.
GENTLEMEN,
Being desirous wholly to determine our present partnership so
far as relates to myself on the - - day of - next, and toi
retire from the same on that day, I hereby, pursuant to the
power enabling me so to do contained in our deed or articles of
partnership, dated the day of - , 19 , give you notice
in writing of such my desire: And I declare that our partnership
shall, so far as relates to myself, be hereby wholly determined
on the said - - day of - , and that I shall retire from the
same on that day.
I am, &c.
[Signature of Partner].
To Messrs. - .
Dated. &c.
10. ONE PARTNER to another, dissolving PARTNERSHIP, in
consequence of BREACH of ARTICLES.
I HEREBY give you notice, that, in consequence of your having
broken the - - article of our partnership deed, bearing date
the - - day of - , whereby it is provided (transcribe article),
I hereby, in pursuance of the power in that behalf contained in
the said deed, dissolve the said partnership from the day of
next, on which day I shall be prepared to pay you the amount
declared to be the value of your share in the partnership effects
NOTICES. 88*
at our last annual settlement of accounts, and interest thereon, as
provided by the said partnership deed.
As WITNESS my hand, this - - day of - , 19 .
To Mr. [Partner]. [Signature of Partner].
11. ONE PARTNER to another, dissolving a PARTNERSHIP,
subsisting without DEED.
I HEREBY give you notice, that the partnership subsisting
between you and me in the trade or business of - is here-
by dissolved: And I request that you will concur with me in
taking the necessary steps for winding up the affairs of the said
joint concern, in order that all the engagements thereof may
bo forthwith discharged, and the remaining effects disposed of
and converted, and the moneys arising therefrom divided between
us in proportion to our respective shares therein.
As WITNESS my hand, this - - day of , 19 .
To Mr. {Partner]. [Signature of Partner].
12. OF DISSOLUTION of PARTNERSHIP, to be inserted in the
LONDON GAZETTE.
NOTICE is hereby given, that the partnership lately subsist-
ing between us in the city of Bristol, in the trade or business of
merchants, was this day dissolved by mutual consent [or " effluxion
of time," or otherwise, as the case may be].
As WITNESS our hands, this - - day of - , 19 .
(Signed) [A. B.]
[C. D.]
13. PARTNERS, after DISSOLUTION of PARTNERSHIP, to
a DEBTOR of the FIRM to pay DEBT to the JOINT AGENT
of the PARTNERS.
WE hereby give you notice that the partnership lately subsist-
ing between us under the firm of & Co., was dissolved on
the day of - - last, and we request you to pay the debt
owing by you to us to Mr. [receiver], who is duly authorised to
884 NOTICES.
receive the same, and whose receipt shall be your sufficient dis-
charge.
As WITNESS our hands, this - - day of , 19 .
To Messrs. [Debtors]. (Signed) [A. B.]
[C. D.]
14. OF MORTGAGE by the MORTGAGEE to the MORTGAGOR'S
TENANT.
To Mr. C. D.
Sir. Take notice, that by an indenture dated the - - day of
, 19 , and made or expressed to be made between [as the
case may be], the [messuage or dwelling-house and land, or as
the case may be], with the appurtenances situate and being [at
or in the parish of ], in the county of - , now in your
possession (together with other hereditaments) were conveyed and
assured unto and to the use of me, the said E. F., my heirs and
assigns [or executors, administrators and assigns, for a term of
years from the day of - , 19 ], for securing the
sum of with interest for the same at the rate of per
cent, per annum [at a day now past, or on the day of -
next], and you are hereby required to pay to me all rent and
arrears of rent due and payable, and hereafter to become due
and payable from you in respect of the said premises in your
possession: And in case of any default I shall distrain or sue for
the said rent, or bring an action of ejectment to recover possession
of the said [messuage or dwelling-house and land], with the appur-
tenances in your possession, or otherwise put the law in force as
I may be advised.
Dated this - day of , 19 .
Yours, &c.,
E. F., of .
15. THE LIKE, by MORTGAGEE'S SOLICITOR.
To Mr. C. D.
Sir, Take notice, that by an indenture dated the - - day of
case may be~\, the [farm and lands, or as the case may be], with
NOTICES.
the appurtenances situate [at or in the parish of - ], in
the county of , now in your possession (together with other
hereditaments) were conveyed and assured to the said E. F. (the
mortgagee], his heirs and assigns [or his executors, administrators
and assigns, for the term of years from the day of - ,
19 ], for securing the sum of with interest for the same at
the rate of per cent, per annum [at a day now past, or on
the day of next]: Now I do hereby as the solicitor of
and for the said E. F. and on his behalf, give you notice of the
said indenture, and require you to pay to the said E. F. all rent
and arrears of rent now due and payable, and hereafter to become
due and payable from you in respect of the said premises in your
possession: And take notice, that in case of any default the said
E. F. will distrain or sue for the said rent, or bring an action
of ejectment to recover possession of the said [farm and lands],
with the appurtenances in your possession, or otherwise put the
law in force, as he may be advised.
Dated this - - day of , 19.
Yours, &c.,
G. H., of ,
Solicitor for the said E. F.
16. RECEIVER for MORTGAGEE to TENANT.
I HEREBY give you notice, that by an indenture dated the
day of last, made between [mortgagor], of - , of the
first part, [mortgagee], of , of the second part, and me, the
undersigned [receiver], of the third part, the messuage and piece
of ground situate in the parish of , in the county of ,
in your occupation, were, with other hereditaments, conveyed by
the said [mortgagor] unto and to the use of the said [mortgagee]
in fee simple by way of mortgage, for securing the sum of
and interest; and by the same indenture full power and authority
were given to me, as the agent and receiver of the said [mort-
gagee], to receive the rents thereof, and to give effectual dis-
charges for the same. And I accordingly require you to pay to
me the rent now due, and hereafter to become due from you, in
respect of the said premises accordingly.
As WITNESS my hand, this day of .
To Mr. [Tenant]. (Signed) [Receiver].
886 NOTICES.
17. SECOND to FIRST MORTGAGEE.
I HEREBY give you notice, that by an indenture dated the
- day of - , and made between [mortgagor], of the one
part, and me, the undersigned [mortgagee], of the other part,
the several messuages, lands, and hereditaments, situate in -
now in mortgage to you, were conveyed to me by the said [mort-
gagor] in fee simple by way of mortgage, for securing the sum
of and interest.
As WITNESS my hand, this day of -
[Signature of Second mortgagee'].
To Mr. [First mortgagee].
18. MORTGAGOR to MORTGAGEE, of INTENTION to pay
off MORTGAGE DEBT.
I HEREBY give you notice, that I shall pay the principal sum
of and interest owing from me to you, secured by an
indenture of mortgage dated the day of , at the expira-
tion of six calendar months from the date hereof.
As WITNESS my hand, this - - day of .
To Mr. [Mortgagee]. [Signature of Mortgagor .
19. MORTGAGEE to MORTGAGOR of INTENTION to SELL,
unless PRINCIPAL and INTEREST MONEYS be paid at a
CERTAIN TIME.
I HEREBY give you notice, that I require you to pay off within
- calendar months from the date hereof (6), the principal and
interest moneys (c), owing to me by virtue of the indenture of
mortgage executed by you to me, dated the day of - ,
19 , and further that in default of your so doing, I shall imme-
(6) To enable a mortgagee to exercise the statutory power of sale,
three months' notice is required, unless otherwise provided by the mortgage
deed.
(c) Add " and costs," if any.
NOTICES. 887
diately proceed to a sale of the messuages and hereditaments in
the said indenture comprised, or such part or parts thereof as I
may think fit.
As WITNESS my hand, this - day of , 19 .
To Mr. [Mortgagor] (d). [Signature of Mortgagee]. ,
20. MORTGAGEE to MORTGAGOR, requiring immediate
PAYMENT where the ADVANCE and INTEREST are PAYABLE
on DEMAND.
I HEREBY demand of you immediate payment of the principal
sum of , now owing from you to me on tlie security of an
indenture of mortgage, dated the - day of - , 19 , and
the interest at the rate of - per cent, per annum as from, the
- day of last, owing in respect thereof.
As WITNESS toy hand, this day of , 19 .
To Mr. [Mortgagor]. [Signature of Mortgagee].
21. PURCHASER of an EQUITY of REDEMPTION, to MORT-
GAGEE.
I HEREBY give you notice, that by an indenture dated the
day of last, made between [vendor], of - , of the
one part, and me, the undersigned [purchaser], of the other part,
all and singular the lands and hereditaments situate in the parish
of - , in the county of , now in mortgage to you from the
said [vendor], for securing and interest, were, for a
pecuniary consideration, absolutely conveyed and assured unto
and to the use of me, the said [purchaser], my heirs and assigns
for ever, subject to your said mortgage thereon.
As WITNESS my hand, this day of , 19 .
To Mr. [Mortgagee]. (Signed) [Purchaser].
(d) If it is not known who are the persons interested in the equity of
redemption, the notice should be left on the premises (see sect. 67 of the
Conveyancing and Law of Property Act, 1881), addressed as follows:
" To Mr. [Mortgagor] if living, or his legal representatives,
or other the persons interested in the equity of redemption of
the messuage and premises referred to in the above notice."
NOTICES.
22. TO ABATE a NUISANCE (e).
[After statement of circumstances causing the nuisance']: Now
without any prejudice to any right of action for the damages I
have already sustained, or may sustain in consequence of the
premises, I hereby give you notice, and require you immediately to
remove the said nuisance and obstruction: and I further give you
notice, that if such removal shall not take place before, &c., I
shall with such workmen as may be necessary, immediately pro-
ceed to abate and remove such nuisance, as I am by law entitled
to do, and shall require you to pay the expenses attendant there-
upon. I further apprise you, that should you wish any other
reasonable time in lieu of the above, I will alter the time accor-
dingly; and I further beg to inform you, that the materials of such
obstruction shall be deposited at any place you may name, and in
default of your mentioning any place, I shall cause them to be
deposited at, &c.
DATED, &c.
23. TO PAY INTEREST on SIMPLE CONTRACT DEBT
under 3 & 4 Will. 4, c. 42, 9. 28.
MR. .
I hereby require payment of the debt of , due from
you to me, and give you notice that I shall claim interest from
the date of this demand on the account of such debt until the actual
payment thereof.
DATED, &c.
24. TO SHERIFF. Of GOODS TAKEN under Fi. Fa. being
only LET to DEFENDANT and not his PROPERTY (/) .
I HEREBY give you notice that the several goods and chattels
specified in the schedule at the foot thereof [hereunto annexed], and
(e) When a nuisance is anticipated, notice should be given as soon
as possible and before action brought, and the form would then run
" I, &c., give you notice that the building, &c., now being erected
is likely to become and to be a nuisance, &c."
(/) A similar notice can be given to a County Court bailiff and hi?
officers where execution levied from County Court.
NOTICES.
taken by you under a writ of fieri facias against) , are not
the property of the said , but are my property [and are let to
the said for the term of , expiring at or whatever the terms
are ], and further take notice that I shall claim damages
against you if you fail to give up possession immediately.
DATED, &c.
To , Esq., sheriff of the county of - , and to , his
officer, in possession, and to whomsoever else the same
may concern.
(Signed) - .
25 . TO AN INFANT to RETURN GOODS (in order to support
an ACTION).
Sir,
On, &c., you obtained from me certain goods, viz. [stating
them] under colour and pretence of purchasing and paying for
them on, &c., and you have refused to pay for the same under the
pretence of your being or having been an infant at the time you
obtained the same, and you have refused to pay for the same, or
to return them: Now, therefore, I hereby demand and require you
immediately to pay for the same, and in case you refuse to do so,
and you are or were an infant at the time you obtained the said
goods, then I hereby demand and require you immediately to
return and to deliver the said goods to me, or I shall immediately
commence an action to recover the same or their value .
DATED, &c.
26. BY INNKEEPER of SALE of GOODS.
If J. T., of - , does not remove the [horse and carriage, or as
the case may be] which he left on the day of at the
Hotel in - - by the - day of next, the same will be sold
by public auction at Messrs. rooms in on the day of
, to defray the expenses incurred in connection therewith.
To J. T.,of .
(Signed) [the fond-lord].
890 NOTICES.
27. OF THE AUTHORITY of an AGENT having CEASED.
NOTICE is HEREBY GIVEN that E. F., &c., is no longer authorised
by me, A. B., of, &c., to draw, accept, or indorse any bill or note*
or sell goods, or contract on credit or otherwise on my behalf, or
to transact any business for me as my agent or otherwise.
DATED, &c.
28. OF BILLS having be.en FRAUDULENTLY OBTAINED.
Caution Bills of Exchange.
WHEREAS [three] several bills of exchange, bearing date re-
spectively, &c. [add description of same], were severally obtained
from me under false pretences, and without any consideration
whatever for the same: Now I do hereby caution all persons. from
receiving or negotiating the same or any of them.
Every information respecting the above bills will be given on
application to, &c.
DATED, &c.
29. NOT TO TRUST a WIFE.
TAKE NOTICE that Mrs. E. B., my wife, is no longer autho-
rised by me to make any purchase or contract on my behalf, and
that I will not be responsible for the performance of any engage-
ments she may enter into or for any debts she may contract after
this date.
DATED, &c.
30. ON MAKING a TENDER.
Sir,
The bearer is directed by me to pay or tender you the sum of
[thirty pounds ten shillings and sixpence'], in respect of the debt
or sum of money claimed by you, and such tender and offer is and
will be made unconditionally, and without any reserve or any
condition or terms whatever; and to avoid all possible doubt, I
beg you to understand that the said sum of money is to be offered,
MODEL RAILWAY BILL. 891
paid, and received without prejudice to any claim you may have
on me for any larger or different sum of taoney.
DATED, &c.
31. NOT to TRESPASS. Common Form.
To A.
I do hereby give you notice not to shoot, hunt, course, fish,,
hawk, fowl, enter, or come upon the lands and premises, or any
part thereof, in my occupation in the parishes of or elsewhere
in the County of S . on any pretence whatever, for if you do after
this notice you will be deemed a wilful trespasser and an action
will be brought against you for damages.
DATED, &c.
(Signed) .
PARLIAMENTARY DOCUMENTS (a).
1. MODEL KAIL WAY BILL.
WHEEEAS, &c.
And whereas plans and sections showing the lines and levels
of the railways authorised by this Act and also books of reference
containing the names of the owners and lessees or reputed owners
and lessees and of the occupiers of the lands required or which
may be taken for the purposes or under the powers of this Act
were duly deposited with the clerk of the peace for the county
of and are hereinafter respectively referred to as the deposited
plans, sections and books of reference:
And whereas the purposes of this Act cannot be effected with-
out the authority of Parliament:
May it therefore please Your Majesty that it may be enacted
(a) See also " Railways," " Tramways."
B. VOL'. II. 3
892
PARLIAMENTARY DOCUMENTS.
Short title.
Incorporation
Interpreta-
tion of term
"parish
Deposit of
coun "
[Ireland only.'}
and be it enacted by the King's most Excellent Majesty by and
with the advice and consent of the Lords Spiritual and Temporal
and Commons in this present Parliament assembled and by the
authority of the same as follows:
i r. n i s Act may fe c j te( j as tne -- Eailway Act 19.
[This Bill is drawn for a railutay, but many of the clauses
are (mutatis mutandis) applicable to other Bills.']
2. The -- &c., &c., are (except where expressly varied by this
Act) incorporated with and form part of this Act.
[It is advisable that in incorporating specified sections of
any Acts the marginal notes as well as the numbers
of the sections incorporated should be given. 1
3. In this Act the several words and expressions to which
meanings are assigned by the Acts wholly or partially incorporated
herewith have the same respective meanings unless there be some-
thing in the subject or context repugnant to such construction:
and
The expression '* the company " means the company incor-
porated by this Act; the expressions " the railway " and " the
undertaking " mean respectively the railway and the undertaking
by this Act authorised.
[All words in the Bill requiring interpretation should be
dealt with in this clause.']
4 phc expressions "parish clerks" and "clerks of the several
parishes " in sects. 7, 8 and 9 of the Railways Clauses Consolida-
tion Act 1845 sh]a11 ' ** re gards the Administrative County of
London, mean the town clerks of the metropolitan boroughs and
the town clerk of the City of London.
5. T ne provisions of sects. 7, 8 and 9 of the Railways Clauses
Consolidation Act 1845 shall for the purposes of this Act be
read and construed as if the expression " clerks of the district
councils within which such parishes are included in Ireland" or
the words "clerks of the district councils" (as the case may.be)
had been inserted in those sections in lieu of the expression " the
postmasters of the post towns in or nearest to such parishes in
Ireland " or in lieu of the word " postmasters " (as the case may
be).
MODEL RAILWAY BILL. 893
6. A. B., C. D. &c. (6) and all other persons who have already Company
subscribed to or shall hereafter become proprietors in the
undertaking and their executors, administrators, successors and
assigns respectively shall be and are hereby united into a company
for the purpose of making and maintaining the railway and for
other the purposes of this Act, and for those purposes shall be
and are hereby incorporated by the name of the - - Railway
Company, and by that name shall be a body corporate with per-
petual succession and a common seal, and with power to purchase,
take, hold and dispose of lands and other property for the purposes
of this Act. ' i
7. Subject to the provisions of this Act the Company may Power tomake
make and maintain in the line and according to the levels shown
on the deposited plans and sections the railway hereinafter
described with all proper stations, sidings, approaches, works and
conveniences connected therewith and may enter upon, take and
use such of the lands delineated on the deposited plans and de-
scribed in the deposited books of reference as may be required for
that purpose. The railway hereinbefore referred to and authorised
3by this Act is:
A railway in length commencing at and terminating
at .
[The Standing Orders require that the length of each rail-
way shall be set forth in miles, furlongs, chains, and
links or yards or decimals of a chain.']
CAPITAL AND BORROWING.
8 . The capital of the company shall be pounds in Capital.
shares of ten pounds each.
9 . The company shall not issue any share created under the Issue of
authority of this Act nor shall any such share vest in the person
accepting the same unless and until a sum not being less than one
fifth of the amount of such share is paid in respect thereof.
10. One fifth .of the amount of a share shall be the greatest Calls.
amount of a call and months at least shall be the interval
between successive calls and of the amount of a share shall be
the .utmost aggregate amount of the calls made in any year upon
any share.
(&) At least five names should be given.
3(2)
894
PARLIAMENTARY DOCUMENTS.
Receipt in
case of
persons not
\n i jurix.
Power to
borrow.
Appointment
of receiver.
11. If any money is payable to a shareholder or mortgagee or
debenture stock holder being a minor, idiot or lunatic, the receipt
of the guardian or committee of his estate shall be a sufficient
discharge to the company.
[Here insert every special or other provision affecting the
share capital of the company ; and if shares are to be
taken by another company, the clause allowing this
should be here inserted, but the provisions for enabling
the other company to raise money for that purpose must
appear in a subsequent part of the Bill. See Special
Clauses, p. 916.]
12 . The company may borrow on mortgage of the undertaking
any sum not exceeding in the whole pounds but no part thereof
shall be borrowed until the whole capital of- pounds is issued
and accepted and one half thereof is paid up, and the company have-
proved to the justice who is to certify under the fortieth section of
the Companies Clauses Consolidation Act 1845 before he so certi-
fies that the whole of such capital has been issued and accepted and
that one half thereof has been paid up, and that not less than one-
fifth part of the amount of each separate share in such capital has-
been paid on account thereof before or at the time of the issue
or acceptance thereof, and that such capital was issued bona fide
and is held by the persons to whom the same was issued, or their
executors, administrators, successors or assigns, and that such
persons, their executors, administrators, successors or assigns are
legally liable for the same; and upon production to such justice
of the books of the company and of such other evidence as he
shall think sufficient, ho shall grant a certificate that the proof
aforesaid has been given, which shall be sufficient evidence thereof.
13. The mortgagees of the undertaking may enforce payment
of arrears of interest or principal or principal and interest due on
their mortgages by the appointment of a receiver. In order to-
authorise the appointment of a receiver in respect of arrears of
principal the amount owing to the mortgagees by whom tho ap-
plication for a receiver is made shall not be less than pounds
in the whole.
[About one-tenth of the sum to be borrowed is the usual
amount to be here inserted but not exceeding 10,000. 1
[When further borrowing pouters are given to an existing
company, all powers under previous Acts for the ap-
MODEL RAILWAY BILL. 895
pointment of a receiver are to be repealed (without
prejudice to any appointment theretofore made or
proceedings then pending), and the above clause is to
be substituted.]
14. The company may create and issue debenture stock subject Debenture
to the provisions of Part III. of the Companies Clauses Act 1863,
but notwithstanding anything therein contained the interest of all
debenture stock and of all mortgages at any time [after the passing
of this Act] created and issued or granted by the company under
[any previous Act or] this [Act] or any subsequent Act shall
subject to the provisions of any subsequent Act rank pari passu
(without respect to the dates of the securities or of the Acts of
Parliament or resolutions by which the stock and mortgages were
authorised), and shall have priority over all principal moneys
secured by such mortgages. Notice of the effect of this enactment
shall be endorsed on all mortgages and certificates of debenture
stock .
[This clause is to be inserted in the case of all new companies,
and of all existing companies, which have not issued
debenture stock. In the latter case the ivords " after
the passing of this Act " must be inserted if there is
cmy mortgage, debt.]
\ln the case of existing companies which have already adopted
the model debenture stock clause the folloiving may be
used.]
14A. The company may create and issue debenture stock subject Debenture
to the provisions of sect. - - of the Act of . Notice of the
effect of that enactment shall be endorsed on all mortgages and
certificates of debenture stock.
[Here ins-ert all special provisions (if any] affecting the
borrowing powers of the company .]
15. All moneys raised under this Act whether by shares [de- Application of
benture stock] or borrowing shall be applied only to the purposes
of this Act to which capital is properly applicable.
MEETINGS, DIRECTORS, &c.
10. The first ordinary meeting of the company shall be held First ordinary
within six months after the passing of this Act.
PARLIAMENTARY DOCUMENTS.
Number of
directors.
Qualification
of directors.
Quorum .
First aud
Hubsequeut
directors.
[Here insert any clauses as to general meetings and scale
of voting, if the provisions of the general Act are de-
parted from.]
17. The number of directors shall be ; but the company
may vary the number, provided that the number be not at any time
more than or less than .
18. The qualification of a director shall be the possession in
his own right of not less than shares.
19. The quorum of a meeting of directors shall be .
20. A.B., C.D. &c. [and - - persons to be nominated by them
or the majority of them and consenting to such nomination] shall
be the first directors of the company, and shall continue in office
until the first ordinary meeting held after the passing of this Act.
At that meeting the shareholders present in person or by proxy
may either continue in office the directors appointed by this Act
[or nominated as aforesaid] or any of them, or may elect a new
body of directors or directors to supply the place of those not
continued in office, the directors appointed by this Act [or nomi-
nated as aforesaid] being if they continue qualified eligible for
election .
At the first ordinary meeting to be held in every year after
the first ordinary meeting the shareholders present in person or
by proxy shall (subject to the power hereinbefore contained for
varying the number of directors) elect persons to supply the
places of the directors then retiring from office, agreeably to the
provisions of the Companies Clauses Consolidation Act 1845.
The several persona elected at any such meeting being neither
removed nor disqualified nor having died or resigned shall continue
to be directors until others are duly elected in their stead .
Lands for
extraordinary
nurposes.
LANDS.
21. The quantity of land to be taken by the company by
agreement for the extraordinary purposes mentioned in the Rail-
ways Clauses Consolidation Act 1845 shall not exceed acres,
but nothing in that Act or in this Act shall exempt the company
from any indictment, action or other proceeding for nuisance in
the event of any nuisance being caused or permitted by them upon
any land so taken .
MODEL RAILWAY BILL. 897
22. The powers of the company for the compulsory purchase Period for
of lands for the purposes of this Act shall cease after the expiration
of three years from the passing of this Act. lands.
23 . Persons empowered by the Lands Clauses Acts to sell an'd Persons under
convey or release lands may if they think fit subject to the pro- SSt!Se^* y '
visions of those Acts and of this Act grant to the company any ments, &c.
easement, right or privilege (not being an easement, right or privi-
lege of water in which persons other than the grantors have an
interest) required for the purposes of this Act in, over or affecting
any such lands, and the provisions of the said Acts with respect to
lands and rentcharges so far as the same are applicable in this
behalf shall extend and apply to such grants and to such ease-
ments, rights and privileges as aforesaid respectively.
24. And whereas in the construction of the railways and'workfi Owners may
hereby authorised or otherwise in exercise of the powers of this to^dl parts
Act it may happen that portions only of the houses or other only of certain
buildings or manufactories shown on the deposited plans may be bnildinjrs.
sufficient for the purposes of the same, and that such portions may
be severed from the remainder of the said properties without
material detriment thereto ; therefore notwithstanding section
ninety-two of the Lands Clauses Consolidation Act 1845 the
owners of and other persons interested in the houses or other
buildings or manufactories described in the Schedule to this Act,
and whereof parts only are required for the purposes of this Act,
may, if such portions can in the opinion of the jury, arbitrators
or other authority to whom the question of disputed compensation
shall be submitted be severed from the remainder of such pro-
perties without material detriment thereto, be required to sell
and convey to the company the portions only of the premises so
required without the company being obliged or compellable to
purchase the whole or any greater portion thereof, the company
paying for the portions required by them and making compen-
sation for any damage sustained by the owners thereof and other
parties interested therein by severance or otherwise.
[The following clause is admissible in the case of well
established companies, especially in connection ivith
uridenings oj existing works J]
25 And whereas in the construction of the works by this Act Owners may
... PL 06 required tc*
authorised or otherwise in the exercise by the company 01 the se ii parts only
PARLIAMENTARY DOCUMENTS,
of certain powers of thia Act it may happen that portions only of certain
lauds aiid . , , . , , .,, ,
properties shown or partly shown on the deposited plans will be
sufficient for tho purposes of the company, and that such portions
or some other portions loss than the whole can be severed from the
remainder of the said properties without material detriment
thereto, therefore the following provisions shall have effect:
(1) The owner of and persons interested in any of the properties
whereof the whole or part is described in the Schedule
to this Act, and whereof a portion only is required for
the purposes of the company, or each or &ny of them
are hereinafter included in tho term "the owner" and
the said properties are hereinafter referred to as " the
scheduled properties":
(2) If for twenty-one days after the service of notice to treat
in respect of a specified portion of any of the scheduled
properties the owner shall fail to notify in writing to
the company that he alleges that such portion cannot
be severed from the remainder of the property without
material detriment thereto, he may be required to sell
and convey to the company such portion only without
the company being obliged or compellable to purchase
the whole, the company paying for the portion so taken
and making compensation for any damage sustained by
the owner by severance or otherwise:
(3) If within such twenty-one days the owner shall by notice
in writing to the company allege that such portion can-
not be so severed, the jury, arbitrators or other authority
to whom the question of disputed compensation shall
be submitted (hereinafter referred to as " the tribunal ")
shall, in addition to the other questions required to be
determined by it, determine whether the portion of tho
scheduled property specified in the notice to treat can
be severed from the remainder without material detri-
ment thereto, and if not whether any and what other
portion less than the whole (but not exceeding the portion
over which tho company have compulsory powers of pur-
chase) can bo so severed:
(4) If the tribunal determine that the portion of the scheduled
property specified in the notice to treat or any such
other portion as aforesaid can be severed from the re-
MODEL RAILWAY HILL. 899
mainder without material detriment thereto, the owner
may be required to sell and convey to the company the
portion which tho tribunal shall have determined to be
so severable without the company being obliged or coin-
pellable to purchase the whole, the company paying such
sum for the portion taken by them including compen-
sation for any damage sustained by the owner by
severance or otherwise as shall be awarded by the
tribunal :
(5) If the tribunal determine that the portion of the scheduled
property specified in the notice to treat can notwith-
standing the allegation of the owner be severed from
the remainder without material detriment thereto, the
tribunal may in its absolute discretion determine and
order that the costs, charges and expenses incurred by
the owner incident to the determination of any matters
under this section shall be borne and paid by the owner:
(6) If the tribunal determine that the portion of the scheduled
property specified in the notice to treat cannot be severed
from the remainder without material detriment thereto,
(and whether or not they shall determine that any other
portion can be so severed), the company may withdraw
their n.otice to treat and thereupon they shall pay to
the owner all costs, charges and expenses reasonably and
properly incurred by him in consequence of such notice:
(7) If the tribunal determine that the portion of the scheduled
property specified in the notice to treat cannot be severed
from the remainder without material detriment thereto,
but that any such other portion as aforesaid can be so
severed, the company in case they shall not withdraw
the notice to treat shall pay to the owner all costs,
charges and expenses reasonably and properly incurred
by him in consequence of such notice or such portion
thereof as the tribunal shall having regard to the cir-
cumstances of the case and their final determination
think fit.
The provisions of this section shall be in force notwithstanding
anything in the Lands Clauses Consolidation Act 1845 contained,
and nothing contained in or done under this section shall be held
.as determining or as being or implying an admission that any of
900 PARLIAMENTARY DOCUMENTS.
the scheduled properties or any part thereof is or is not or but for
this section would or would not be subject to the provisions of
sect. 92 of the Lands Clauses Consolidation Act 1845:
The provisions of this section shall be stated in every notice
given thereunder to sell and convey any premises.
Power to cross
certain roads
on the level.
Inclination of
roads.
ROADS AND BRIDGES.
26. Subject to the provisions in the Railways Clauses Consoli-
dation Act 1845 and in Part I. (relating to the construction of a
railway) of the Railways Clauses Act 1863 contained in reference
to the crossing of roads on the level, the company may in the
construction of the railway carry the same with a single line onfy
whilst the railway shall consist of a single line and afterwards
with a double line only across and on the level of the roads next
hereinafter mentioned (that is to say):-r-
No. on deposited
Plan.
Parish.
Description of Road.
27. In altering for the purposes of this Act the roads next
hereinafter mentioned, the company may make the same of any
inclinations not steeper than the inclinations hereinafter mentioned
in connection therewith respectively (that is to say) :
No. on deposited
Plan.
Parish.
Description of
Road.
Intended
Inclination.
Height and 28. The company may make the arches of the bridges for
bnd)reN. carrying the railway over the roads next hereinafter mentioned
of any heights and spans not less than the heights and spans herein-
MODEL RAILWAY BILL.
901
after mentioned in connection therewith respectively (that is to
say):
No. on deposited
Plan.
Parish.
Description of
Road.
Height.
Span.
29 . The company may make the roadway over the bridges Width of
by which the following roads will be carried over the railway
of such width between the fences thereof as the company think
fit not being less than the respective widths hereinafter mentioned
in connection therewith respectively (that is to say):
No. on Plan .
Parish.
Description of
Roadway.
Width of
Roadway.
DIVERSION OF AND STOPPING UP ROADS.
30. The company may divert the roads [and public foot- Power to
paths] referred to in the next following table (or if a single
road, describe it} in the manner shown upon the deposited plans
and sections and subject to the provisions of this Act may stop
up and cause to be discontinued as a road [or footpath] so much
of each existing road [or footpath] as will be rendered unnecessary
by the new portion of road [or footpath] so shown on the said
plans (that is to say):
Railway.
Parish.
No. of Road
on Plan.
902
PARLIAMENTARY DOCUMENTS.
Stopping up 31 Where this Act authorises the diversion of a road [or public
road* in case . . . , r ri- P
of diversion, footpath j and the stopping up of an existing road [or public toot-
pathj or any portion thereof, such stopping up shall not tako
place until [in the case of a new road] the new road is completed
to the satisfaction of the road authority and is open for public
use, or in case of difference between the company and the road
authority until two justices shall have certified that the new road
has been completed to their satisfaction and is open for public
use [and in the case of a public footpath until two justices shall
have certified that the new footpath has been completed to their
satisfaction and is open for public use].
Before applying to the justices for their certificate [in the case
of a new road] the company shall give to the road authority seven
days' notice in writing of their intention to apply for the same.
As from the completion of the new road to the satisfaction of
the road authority or as from the date of the said certificate as the
case may be all rights of way over or along the existing road oc
portion [or over or along the existing footpath or portion thereof]
shall be extinguished, and the company may, subject to the pro-
visions of the Railways Clauses Consolidation Act 1845 with
respect to mines lying under or near to the railway, appropriate
and use for the purposes of their undertaking the site of the
portion of road [or footpath] stopped up as far as the same is
bounded on both sides by lands of the company:
Provided that the company shall make full compensation to all
parties interested in respect of any private rights of way extin-
guished by virtue of this section, and such compensation shall be
settled in manner provided by the Lands Clauses Acts with
reference to the taking of lands otherwise than by agreement.
[The jollomng clause may be used where a new road is not
substituted.]
* tOP 3lA> Tne com P an y ma J st P U P tne portion of road [or foot-
path] [describing if] and thereupon all [public] rights of way
over that portion of road shall be extinguished; but such road shall
not be stopped up unless the company are owners in possession
of all houses and lands on both sides thereof, except so far as
the owners, lessees and occupiers of those houses and lands may
otherwise agree:
MODEL RAILWAY BILL. 903
[(c) Provided that the company shall make full compensation
to all parties interested in respect of any private rights of way
extinguished by virtue of this section, and such compensation shall
be settled in manner provided by the Lands Clauses Acts with
reference to the taking of lands otherwise than by agreement.]
[The following clause may be used for extinguishing private
rights of way over lands compulsorily acquired, but is
not to be extend-ed to public rights of way, interference
with which is allowed only in case of specified roads
in. accordance with clause 31 .]
31s. All private rights of way over any lands which shall As to private
under the powers of this Act be acquired compulsorily shall as over lands
from the date of such acquisition be extinguished : Provided that tak .<j n com P ul -
the company shall make full compensation to all parties interested
in respect of any such rights, and such compensation shall be
settled in manner provided by the Lands Clauses Acts with
reference to the taking of lands otherwise than by agreement.
GAS AND WATER MAINS.
32. The provisions of sects. 18 to 23 of the Railways Clauses Protection of
Consolidation Act 1845 shall for the purposes of this Act extend ^dnfoMocJ
and apply to the water and gas mains, pipes and apparatus of any authorities,
local authority, and shall be construed as if " local authority "
were mentioned in those sections in addition to " company or
society": Provided that any penalties recovered under sect. 23
shall be appropriated to that fund of the local authority to which
their revenues in respect of water or gas (as the case may be) are
appropriated.
UNDERPINNING.
33. And whereas, in order to avoid in the execution and Underpinning-
maintenance of any works authorised by this Act injury to the
houses and buildings within one hundred feet of the railway, it
may be necessary to underpin or otherwise strengthen the same,
therefore the company at their own costs and charges may and
if required by the owners or lessees of any such house or
(c) The provieo is omitted only where the clause is limited to public
rights of way.
904 PARLIAMKNTARY DOCUMENTS.
building shall, subject as hereinafter provided, underpin or
otherwise strengthen the same and the following provisions shall
have effect (that is to say):
(1) At least ten days' notice shall unless in case of emergency
be given to the owners, lessees and occupiers or by the
owners or lessees of the house or building so intended
or so required to be underpinned or otherwise
strengthened:
(2) Each such notice if given by the company shall be served
in manner prescribed by sect. 19 of the Lands Clauses
Consolidation Act 1845, and if given by the owners or
lessees of the premises to be underpinned or strengthened
shall be sent to the principal office of the company:
(3) If any owner, lessee or occupier of any such house or build-
ing or the company as the case may require shall within
seven days after the giving of such notice give a counter-
notice in writing that he or they as the case may be dis-
putes the necessity of such underpinning or strengthen-
ing, the question of the necessity shall be referred to
the arbitration of an engineer to be agreed upon or in
case of difference appointed at the instance of either
party by the Board of Trade, and the Arbitration Act
1889 shall apply to the reference:
(4) The arbitrator shall forthwith upon the application of either
party proceed to inspect such house or building and
determine the matter referred to him and in the event
of his deciding that such underpinning or strengthening
is necessary he may and if so required by such owner,
lessee or occupier shall prescribe the mode in which the
same shall be executed and the company may and shall
proceed forthwith so to underpin or strengthen the said
house or building:
(5) The company shall be liable to compensate the owners,
lessees and occupiers of every such house or building
for any inconvenience, loss or damage which may result
to them by reason of the exercise of the powers granted
by this enactment:
(6) If in any case in which any house or building shall have
been underpinned or strengthened on the requisition of
the company such underpinning or strengthening- shall
MODEL RAILWAY BILL. 905
prove inadequate for the support or protection of the
house or building against further injury arising from
the execution or use of the works of the company, then
and in every such case, unless such underpinning or
strengthening shall have been done in pursuance of and
in the mode prescribed by the referee, the company shall
make compensation to the owners, lessees and occupiers
of such house or building for such injury provided the
claim for compensation in respect thereof be made by
such owners within twelve months and by such lessees or
occupiers within six months from the discovery thereof:
(7) Nothing in this enactment contained nor any dealing with
any property in pursuance of this enactment shall relieve
the company from the liability to compensate under
sect. 68 of the Lands Clauses Consolidation Act 1845
or under any other Act:
(8) Every case of compensation to be ascertained under this
enactment shall be ascertained according to the pro-
visions of the Lands Clauses Acts:
(9) Nothing in this section shall repeal or affect the application
of sect. 92 of the Lands Clauses Consolidation Act 1845.
COMPLETION OF WORKS.
34. If the railway is not completed within five years from Period
the passing of this Act, then on the expiration of that period the
powers by this Act granted to the company for making and com-
pleting the railway or otherwise in relation thereto shall cease
except as to so much thereof as is then completed.
DEPOSIT OR PENALTY.
35. Whereas pursuant to the Standing Orders of both Houses Deposit
of Parliament and to the Parliamentary Deposits Act 1846 a ^"erodd*
sum of [stock, Exchequer bills] being five per cent, upon the except so far
.amount of the estimate in respect of the railway has been opened,
deposited with [transferred into the name of] the Paymaster [A r w_#J-
General for and on behalf of the Supreme Court [Accountant
General of the Supreme Court in Ireland] in respect of the applica-
tion to Parliament for this Act, which sum [stock, Exchequer bills]
PARLIAMENTARY DOCUMENTS.
is [are] referred to in this Act as the deposit fund: Be it enacted
that notwithstanding anything contained in the said Act the said
deposit fund shall not be paid or transferred to or on the applica-
tion of the person or persons or the majority of the persons named
in the warrant or order issued in pursuance of the said Act or the
survivors or survivor of them (which persons, survivors or sur-
vivor are or is in this Act referred to as "the depositors ")
unless the company shall previously to the expiration of the period-
limited by this Act for completion of the railway open the same
for the public conveyance of passengers, and if the company shall
make default in so opening the railway the deposit fund shall be
applicable and shall be applied as provided by the next following
section : Provided that if within such period as aforesaid the com-
pany open any portion of the railway for the public conveyance
of passengers, then on the production of a certificate of the Board
of Trade specifying the length of the portion of the railway
opened as aforesaid and the portion of the deposit fund which
bears to the whole of the deposit fund the same proportion as the
length of the railway so opened bears to the entire length of the
railway, the High Court shall on the application of the depositors
order the portion of the deposit fund specified in the certificate to
be paid or transferred to them or as they shall direct, and the
certificate of the Board of Trade shall be sufficient evidence of
the facts therein certified and it shall not be necessary to produce
any certificate of this Act having passed anything in the above-
mentioned Act to the contrary notwithstanding.
36 ' If thc com P an y do not previously to the expiration of the
period limited for the completion of the railway complete the
same and open it for the public conveyance of passengers, then
and in every such case the deposit fund or so much thereof as
shall not have been paid to the depositors shall be applicable and
after duo notice in the London Gazette shall be applied towards
compensating any landowners or other persons whose property
has been interfered with or otherwise rendered less valuable by
I he coininenccment, construction or abandonment of the railway
or any portion thereof, or who have been subjected to injury or
loss in consequence of the compulsory powers of taking property
conferred upon the company by this Act and for which injury or
loss no compensation or inadequate compensation has been paid,
and shall be distributed in satisfaction of such compensation as-
MODEL RAILWAY BILL. 907
aforesaid in such manner and in such proportions as to the High
Court may seem fit, and if no such compensation is payable or
if a portion of the deposit fund has been found sufficient to satisfy
all just claims in respect of such compensation, then the deposit
fund or such portion thereof as may not be required as aforesaid
shall, if a receiver has been appointed or the company is insolvent
or the undertaking has been abandoned, be paid or transferred
to such receiver or be applied in the discretion of the Court as
part of the assets of the company for the benefit of the creditors
thereof, and subject to such application shall be repaid [retrans-
f erred] to the depositors: Provided that until the deposit fund has
been repaid [retransferred] to the depositors or has become other-
wise applicable as hereinbefore mentioned any interest or dividends
accruing thereon shall from time to time and as often as the same
shall become payable be paid to or on the application of the
depositors.
[Substitute for last two preceding clauses in case of new lines
of existing companies (d) .]
35A . If the company fail within the period limited by this Act Penalty im-
to complete the railway, the company shall be liable to a penalty theTiiue^s 688
of fifty pounds a day for every day after the expiration of the opened with-
.,-..., ., , ., . in the time
period so limited until the railway is completed and opened for limited,
the public conveyance of passengers or until the sum received in
respect of such penalty amounts to five per cent, on the estimated
cost of the works, and the said penalty may be applied for by
any landowner or other person claiming to be compensated or
interested in accordance with the provisions of the next follow-
ing section of this Act and in the same manner as the penalty
provided in sect. 3 of the Railway and Canal Traffic Act 1854,
and every sum of money recovered by way of such penalty as
aforesaid shall be paid under the warrant or order of such Court
or judge as is specified in that section to an account opened or
(d~) The two following clauses are to be inserted in every railway Bill
whereby the construction of any new line of railway is authorised, or the
time for completing any line already authorised is extended, promoted by
an existing railway company which is possessed of a railway already
opened for public traffic, and which has during the year last past paid
dividends on its ordinary share capital, and which does not propose to raise
under the Bill a capital greater than its existing authorised capital.
B. VOL. II. 4
908 PARLIAMENTARY DOCUMENTS.
to be opened in the name of the Paymaster General for and on
behalf of the Supreme Court [the Accountant General of the
Supreme Court in Ireland] in the bank [and to the credit]
-I .reified in such warrant or order, and shall not be paid thereout
pt as hereinafter provided; but no penalty shall accrue in
respect, of any time during which it shall appear by a certificate
to be obtained from the Board of Trade that the company was
prevented from completing or opening such line by unforeseen
accident or circumstances beyond their control: Provided that the
\\ant of suilicient funds shall not be hold to be a circumstance
beyond their control.
Application 3(J A . Every sum of money so recovered by way of penalty as
aforesaid shall be applicable and after due notice in the London
(iazcttc shall be applied towards compensating any landowners or
other persons whose property has been interfered with or otherwise
rendered less valuable by the commencement, construction or
abandonment of the railway or any portion thereof or who have
been subjected to injury or loss in consequence of the compulsory
powers of taking property conferred upon the company by this
Act, and for which injury or loss no compensation or inadequate
oinpeusation has been paid, and shall be distributed in satisfaction
of such compensation as aforesaid in such manner and in such
proportions as to the High Court may seem fit; and if no such
compensation is payable or if a portion of the sum or sums of
money so recovered by way of penalty as aforesaid has been found
>ullicient to satisfy all just claims in respect of such compensation,
tin -ii the said sum or sums of money recovered by way of penalty
or such portion thereof as may not be required as aforesaid shall,
if a receiver has been appointed or the company is insolvent or
tin- railway or railways in respect of which the penalty has been,
incuiTi'd or any part thereof has been abandoned, be paid or
transt'rrml to such receiver or be applied in the discretion of the
( 'oiirt as part of the assets of the company for the benefit of the
creditors thereof and subject to such application shall be repaid or
retransferred to the company.
MODEL RAILWAY BILL. ! 909
BATES, CHARGES, AND FARES.
37. The company may demand and take for the use of the Tolls,
railway by any other company or person with engines and
carriages such reasonable tolls as they think fit.
38. The classification of merchandise traffic, including perish- Rate.- for
uble merchandise by passenger train, and the Schedule of maxi- "
mum rates and charges applicable thereto and the regulations and
provisions contained in the Schedule to " The Railway Eates and
Charges (No. - ) Order 189 " (which Order is scheduled to and
confirmed by " The Railway Rates and Charges (No. ) Order
Confirmation Act 189 ' shall be applicable and apply to the
company as if it were one of the railway companies named in the
[appendix to the Schedule to the] Order confirmed by the said
Act Provided that in respect of the conveyance of a consignment
of perishable merchandise not exceeding 56 Ibs. in weight by
passenger train, the company shall not be entitled to charge a
higher rate than the maximum rate ivhich they are authorised to
charge for the conveyance of parcels of the same weight.
39. For the conveyance on the railway of small parcels not Charges for
exceeding five hundred pounds in weight by passenger trains the sma11 P arcels -
company may demand and take any charges not exceeding the
following (that is to say):
For any parcel not exceeding seven pounds in weight three-
pence :
For any parcel exceeding seven pounds but not exceeding
fourteen pounds in weight fivepence:
For any parcel exceeding fourteen pounds but not exceeding
twenty-eight pounds in weight sevenpence:
For any parcel exceeding twenty-eight pounds but not
exceeding fifty-six pounds in weight ninepence:
And for any parcel exceeding fifty-six pounds but not exceed-
ing five hundred pounds in weight the company may
demand any sum they think fit:
Provided always that articles sent in large aggregate quantities,
although made up in separate parcels, such as bags of sugar, coffee,
meal and the like shall not be deemed small parcels but that term
shall apply only to single parcels in separate packages.
4(2)
910
PARLIAMENTARY DOCUMENTS.
Maximum
f area for
Pataengers'
luggage.
40. The maximum fares to be charged by the company for the
conveyance of passengers upon the railway, including every
expense incidental to such conveyance, shall not exceed the follow-
ing (that is to say):
For every passenger conveyed in a first-class carriage three-
pence per mile:
For every passenger conveyed in a second-class carriage
twopence per mile:
For every passenger conveyed in a third-class carriage one
penny per mile:
For every passenger conveyed on the railway for a less
distance than three miles the company may charge as for
three miles, and every fraction of a mile beyond three
miles or any greater number of miles shall be deemed
a mile.
41 . Every passenger travelling upon the railway may take with
him his ordinary luggage not exceeding one hundred and fifty
pounds in weight for first-class passengers, one hundred and
twenty pounds in weight for second-class passengers, and one
hundred pounds in weight for third-class passengers without any
charge being made for the carriage thereof.
42 . The restrictions as to the charges to be made for passengers
shall not extend to any special train run upon the railway, in
respect of which the company may make such charges as they
think fit, but shall apply only to the ordinary and express trains
appointed from time to time by the company for the conveyance of
passengers upon the railway.
WORKING AGREEMENTS, RUNNING POWERS, &c.
Power to 43. The company on the one hand and the A.B. Railway Corn-
working pany on the other hand may subject to the provisions of Part III.
wUhthe nt8 of the Railwa y 8 Clauses Act 1863 as amended or varied by the
A. B. railway Railway and Canal Traffic Acts 1873 and 1888 enter into agree-
ments with respect to the following purposes or any of them (that
is to say):
The maintenance and management of the railways of the
companies respectively or any one or more of them or
any part thereof respectively and of the works connected
therewith respectively or any of them:
Foregoing
charges not
to apply
to special
trains.
MODEL RAILWAY BILL.
The use or working of the railways or railway or of any
part thereof and the conveyance of traffic thereon:
The supply and maintenance by the ivorking company under
and during the continuance of any such agreement as
aforesaid for the working of the railways of engines, stock
and plant necessary for the purposes of such agreement
and the employment of officers and servants :
The fixing subject to the authorised maximum rates and
the collecting and apportionment of the tolls, rates, charges,
receipts and revenues levied, taken or arising in respect of
traffic.
[This clause (except the portion in italics} is in the terms
of Part III. of the Railways Clauses Act 1863, which
should be followed as far as possible with such variations
only as may be necessary in particular cases.]
44. (1) The company and any company or person lawfully Running
working or using the railways may run over and use with their p
engines, carriages and waggons, officers and servants whether in
charge of engines and trains or for any other purpose whatsoever
and for the purposes of traffic of every description
So much of the railway of the A.B. Company as lies
between &c.
Together with all other stations and all roads, platforms, points,
signals, water, water engines, engine sheds, standing room for
engines, booking and other offices, warehouses, sidings, junctions,
machinery, works and conveniences on or connected with the said
portion of railways and station respectively, and as regards traffic
of every description conveyed by them the company may demand
and take upon and in respect of the said portion of railway the
rates and charges which the A.B. Company are entitled to
demand and take.
(2) The terms, conditions and regulations to be observed and
fulfilled and the tolls, charges, rent or other considerations to be
paid by the company for and in respect of the use of the said
portion of railway, stations, works and conveniences shall be such
as may be agreed upon between the company and the A.B.
company or failing agreement as may be determined on the
application of either of the companies or persons interested by
the Eailway and Canal Commissioners or any two of them.
912
Short li--
tanoe ohargft*
f.>r p:i-~.'M-. r
Interest not
to be paid out
of capital.
PARLIAMENTARY DOCUMENTS.
(3) In running over and using the said portion of railway and
using tho stations, sidings and conveniences in accordance with
the provisions hereinbefore contained, the regulations and bylaws
for the time being in force on the railway so used shall be at all
times observed so far as such bylaws shall be applicable.
45. In respect of passengers conveyed partly on the railway of
^ company and part i y on t he railway of the A.B. Company rates
and charges may be charged as for - - miles and for every mile
or fraction of a mile beyond - - miles as for one mile only.
[Here insert dames (if any} of agreement with local autho-
rities and others, and giving powers to other companies
to raise money for subscription to the undertaking (see
Special Clauses, p. 914); and saving clauses (if any}.]
INTEREST OUT OF CAPITAL, &c.
46. No interest shall be paid out of any share or loan capital
which the company are by this or any other Act authorised to
raise to any shareholder on the amount of the calls made in respect
of the shares held by him; but nothing in this Act shall prevent
the company from paying to any shareholder such interest on
money advanced by him beyond the amount of the calls actually
made as is in conformity with the Companies Clauses Consolida-
tion Act 1845.
Power to
pay interest
out of capi-
tal during
construction.
[Alternative Clause allowed in case of new companies.]
47. Notwithstanding anything in this Act or in any Act or
Acts incorporated herewith the company may out of any money
by this Act authorised to be raised pay interest at such rate not
exceeding four pounds per centum per annum as the directors
may determine to any shareholder on the amount from time to
time paid up on the shares held by him from the respective times
of such payments until the expiration of the time limited by this
Act for the completion of the works by this Act authorised or such
less period as the directors may determine, but subject always to
the conditions hereinafter stated (that is to say):
(a) No such interest shall begin to accrue until the company
shall have deposited with the Board of Trade a statutory
declaration by two of the directors and the secretary of
MODEL RAILWAY BILL. 913
the company that two-thirds at least of the share capital
authorised by this Act in respect of which such interest
may be paid has been actually issued and accepted and
is held by shareholders who or whose executors, adminis-
trators or assigns are legally liable for the same:
(b) No such interest shall accrue in favour of any shareholder
for any time during which any call on any of his shares'
is iii arrear:
(c) The aggregate amount to be so paid for interest shall not
exceed - - pounds and the amount so paid shall not be
deemed share capital in respect of which the borrowing
powers of the company may be exercised, but such
borrowing powers shall be reduced to the extent of one-
third of the amount paid for interest as aforesaid:
(d) Notice that the company has power so to pay interest out of
capital shall be given in every prospectus, advertisement
or other document of the company inviting subscriptions
for shares and in every certificate of shares:
(e) The half-yearly accounts of the company shall show the
amount of capital on which and the rate at which
interest has been paid in pursuance of this section.
Save as hereinbefore set forth no interest shall be paid out
of any share or loan capital which the company are by this or
any other Act authorised to raise to any shareholder on the amount
of the calls made in respect of the shares held by him, but nothing
in this Act shall prevent the company from paying to any share-
holder such interest on money advanced by him beyond the amount
of the calls actually made as is in conformity with the Companies
Clauses Consolidation Act 1845.
48. The company shall not out of any money by this Act Deposits for
authorised to be raised pay or deposit any sum which by any not^tobepaid
Standing Order of either House of Parliament now or hereafter in out of capital,
force may be required to be deposited in respect of any applica-
tion to Parliament for the purpose of obtaining an Act authorising
the company to construct any other railway or to execute any other
work or undertaking.
914
PARLIAMENTARY DOCUMENTS.
Provwionn of
general
Railway
Act.
SAVING FOR GENERAL ACTS.
49. Nothing in this Act contained shall exempt the company or
the railway from the provisions of any general Act relating to
railways or the better and more impartial audit of the accounts
of railway companies passed before or after the commencement
of this Act, or from any future revision or alteration under the
aut hority of Parliament of the maximum rates of fares and charges
or of the rates for small parcels authorised by this Act.
COSTS OF BILL.
50. All costs, charges and expenses of and incident to the pre-
paring for obtaining and passing of this Act or otherwise in
relation thereto shall be paid by the company.
2. SPECIAL CLAUSES in KAILWAY BILLS.
1. DIVISION OF SHARES INTO PREFERRED AND DEFERRED HALF
SHARES.
Power to 1 . Subject to the provisions of this Act the company with the
divide share-. . iutnor i ty o f three-fourths of the votes of the shareholders present
in person or by proxy at a general meeting of the company
specially convened for the purpose may divide any shares in their
(pital into half shares of which one shall be called " preferred
half share" and the other shall -be called "deferred half share";
but the company shall not divide any share under the authority of
i his, Act unless and until not less than sixty per centum upon such
share has been paid up and upon every such division fifty per
centum upon the entire share shall be carried to the credit of the
deferred half share (being the whole amount payable thereon)
in 1 the residue to the credit of the preferred half share.
Dividends on 2. The dividends which would be payable on any divided share
if the same had continued an entire share shall be applied in
payment of dividends on the two half shares in manner following
(that is to say) first in payment of dividend after such rate not
exceeding - per centum per annum as shall be determined once
for all at a general meeting of the company specially convened
SPECIAL CLAUSES IN RAILWAY BILLS.
for the purpose, on the amount for the time being paid up on
the preferred half share, and the remainder if any in payment of
dividend on the deferred half share, and the company shall not
pay any greater amount of dividend on the two half shares than
would have been payable on the entire share if the same had not
been divided.
3 . Each preferred half share shall be entitled out of the protits Dividend
of each year to the dividend which may have been attached to n i? r tf erre< L
it by the company as aforesaid in priority to the deferred half be paid out of
share bearing the same number; but if in any year ending the only 18
thirty-first day of December there shall not be profits available
for the payment of the full amount of dividend on any preferred
half share for that year, no part of the deficiency shall be made
good out of the profits of any subsequent year or out of any
other funds of the company.
4. Forthwith after the creation of any half shares the same Half shares
shall be registered by the directors, and each ; half share shall tol ? e
registered and
bear the same number as the number of the entire share certificate certificates
in respect of which it was issued, and the directors shall issue u
certificates of the half shares accordingly, and shall cause an entry
to be made in the register of the entire shares of the conversion
thereof; but the directors shall not be bound to issue a certificate
of any half share until the certificate of the existing entire share
be delivered to them to be cancelled unless it be shown to their
satisfaction that such certificate is destroyed or lost, and on any
certificate being so delivered up the directors shall cancel it.
5 . The terms and conditions on which any preferred half share Terms of
or deferred half share created under this Act is issued shall be i 8811 ? * .
be stated m
stated on the certificate of each such half share. certificates.
6. The provisions of the Companies Clauses Consolidation Act Forfeiture of
1845 with respect to the forfeiture of shares for nonpayment of preferred half
calls shall apply to all preferred half shares created under the autho-
rity of this Act, and every such preferred half share shall for that
purpose be considered an entire share distinct from the corre-
sponding deferred half share; and until any forfeited preferred
half share shall be sold by the directors all dividends which would
be payable thereon if the same had not been forfeited shall be
applied in or towards payment of any expenses attending the
declaration of forfeiture thereof and of the arrears of calls for the
time being due thereon with interest.
PARLIAMENTARY DOCUMENTS.
Preferred half 7. No preferred half share created under the authority of this
btSlSedOT Act shall be cancelled or be surrendered to the company.
""rendered. 8. The several half shares under this Act shall be half shares
to be hair* in the capital of the company and every two half shares (whether
preferred or deferred or one of each) held by the same person
shall confer such right of voting at meetings of the company
and (subject to the provisions hereinbefore contained) shall confer
and have all such other rights, qualifications, privileges, liabilities
and incidents as attach and are incident to an entire share.
2. POWER TO ANOTHER COMPANY TO SUBSCRIBE TO THE UNDER-
TAKING AND TO RAISE MONEY FOR THAT PURPOSE.
Power to 1 . The Middlesex Railway Company may, with the authority of
subscribe and three-fourths of the votes of their shareholders present in person
to apply funds or ^y p rox y a t a general meeting of the said company specially
purpose. convened for the purpose, subscribe such monies as they may
think fit towards the undertaking not exceeding in the whole -
pounds; and the said company may with the like authority con-
tribute and apply in or towards payment of their said subscrip-
tion any monies which they are already authorised to raise and
which may not bo required by them for the purposes of their
undertaking, and also any monies which they are by this Act
authorised to raise, and the said company shall in respect of the
sums to be subscribed and the corresponding shares in the company
to be held by them have all the powers, rights and privileges
(except in regard to voting at general meetings, which shall be
as hereinafter provided) and be subject to all the obligations and
liabilities of proprietors of shares in the company : Provided always
thai the Middlesex company shall not sell, dispose of or transfer
any of the shares in the company for which they may subscribe.
[The above clause should be inserted immediately before the
borrowing powers. The following clauses should be in-
serted in the latter part of the Bill immediately before
the saving clauses (if any] or Standing Order clauses. .]
\JBorrowing powers will not be allowed for the purposes of
contribution.']
Power to 2. The Middlesex company may raise for the purposes of their
raise moncv i . , , . .
subscription to the undertaking any capital not exceeding in
SPECIAL CLAUSES IN RAILWAY BILLS. 917
nominal amount pounds by the issue at their option of new b / && crea-
ordinary shares or stock or new preference shares or stock or or stock,
wholly or partially by any one or more of those modes respectively;
and the clauses and provisions of the Companies Clauses Consoli-
dation Act 1845 with respect to the following matters (that is
to say):
The distribution of the capital of the company into shares;
The transfer or transmission of shares;
The payment of subscriptions and the means of enforcing
the payment of calls;
The forfeiture of shares for nonpayment of calls;
The remedies of creditors of the company against the share-
holders;
The consolidation of the shares into stock;
The general meetings of the company and the exercise of the
right of voting by the shareholders;
The making of dividends;
The giving of notices; and
The provision to be made for affording access to the special
Act by all parties interested.
and Part I. (relating to cancellation and surrender of shares) and
Part II. (relating to additional capital) of the Companies Clauses
Act 1863 shall extend and apply to the Middlesex company and to
the additional capital which they are by this Act authorised to
raise.
[This clause mill require modification in all cases where the
provisions of the special Acts of the subscribing company
differ from those of the general ActJ]
3 . The Middlesex company shall not issue any share under Shares not to
the authority of this Act of less nominal value than ten pounds nor ^^ft^ mitl1
shall any share vest in 'the person or corporation accepting the paid up.
same, unless and until a sum not being less than one-fifth of the
amount of such share shall have been paid in respect thereof.
4. All monies which the Middlesex company may raise under Application
the powers of this Act shall be applied for the purposes of the rais
before-mentioned subscription only. company.
5. The Middlesex company, whilst shareholders of the com- Votes of M.
pany, may by writing under their common seal from time to time J^^ J at
appoint some person to attend any meeting of the company and meetings.
918
PARLIAMENTARY DOCUMENTS.
Debenture
took.
Priority
of principal
secured
by existing
mortgages.
Exuiting
mortgages to
hare priority.
Powor to
raise
additional
capital.
such person shall have all the privileges and powers attaching to
a shareholder of the company at such meetings and may vote
thereat in respect of the capital hel'd by the Middlesex company.
3. DEBENTURE STOCK.
[Where Clause 14, page 895, has been already adopted in
an existing Act.]
1 . The company may create and issue debenture stock subject
to the provisions of Part III. of the Companies Clauses Act 1863
and of sect. - - of the Act 18 (the Act by uihich the de-
benture stock is originally authorised).
2. The principal monies secured by all mortgages granted by
the company in pursuance of the powers of any Act of Parliament
before the passing of this Act, and subsisting at the passing
hereof, shall during the continuance of such mortgages have
priority over the principal monies secured by any mortgages
granted by virtue of this Act.
[The following older form gives priority to both principal
and interest in the case of mortgages.]
2A. All mortgages [and bonds] granted by the company in
pursuance of the powers of any Act of Parliament before the
passing of this Act and subsisting at the passing hereof shall
during the continuance of such mortgages [and bonds], and subject
to the provisions of the Acts under which such mortgages [and
bonds] were respectively granted, have priority over any mortgages
granted by virtue of this Act; but nothing in this section con-
tained shall affect any priority of the interest of any debenture
stock at any time created and issued by the company.
4. POWER TO RAISE ADDITIONAL CAPITAL.
1. The company may subject to the provisions of Part II. of
the Companies Clauses Act 1863 raise any additional capital not
exceeding in the whole pounds nominal capital by the issue
at their option of new ordinary shares or stock or new preference
shares or stock or wholly or partially by any one or more of
those modes respectively; but the company shall not issue any
share of less nominal value than ten pounds nor shall any share
vr>t in the person accepting the same unless and until a sum not
SPECIAL CLAUSES IN RAILWAY BILLS. 919
being less than one-fifth of the amount of such share shall have
been paid in respect thereof.
2. [Except as by this Act otherwise provided] the capital in New shares or
new shares or stock created "by the company under this Act and ^subject to
the new shares or stock therein and the holders thereof respectively the same
shall be subject and entitled to the same powers, provisions, liabili- other shares
ties, rights, privileges and incidents whatsoever in all respects as if or 8tock -
that capital were part of the now existing capital of the company
of the same class or description and the new shares or stock were
shares or stock in that capital.
3 . The capital in new shares or stock so created shall form New shares or
stock to form
part 01 the capital ot the company. part of capital
4. Every person who becomes entitled to new shares or stock D^-J
shall in respect of the same be a holder of shares or stojck in the new shares or
company and shall be entitled to a dividend wit'h the other holders 8
of shares or stock of the same class or description proportioned to
the whole amount from time to time called up and paid on such new
shares or to the whole amount of such stock as the case may be.
5. Except as otherwise expressly provided by the resolution Restriction as
creating the same no person shall be entitled to vote in respect * 8 te e Ct O f
of any new shares or stock to which a preferential dividend shall preferential
i j shares or
be assigned. stock .
6. Subject to the provisions of any Act already passed by New aud
which the company are authorised to raise capital by new shares or
stock and to the provisions of this Act, [and any other Act passed stock may be
in the present Session of Parliament whether before or after the
passing of this Act by which the company may be authorised to
raise capital by new shares or stock,] the company may if they
think fit raise by the creation and issue of new shares or stock of
one and the same class all or any part of tine aggregate capital
which they are by such other Act and this Act respectively
authorised to raise by the creation and issue of new shares or stock.
7. The company may in respect of the additional capital of Power to
- pounds which they are by this Act authorised to raise borrow-
on mortgage of the undertaking any monies not exceeding in
the whole -- pounds ; but no part thereof shall be borrowed until
shares for so much of the said additional capital as is to be raised
by means of shares are issued and accepted and one half of such
capital is paid up, and the company have proved to the justice who
PARLIAMENTARY DOCUMENTS.
is to certify under the fortieth section of the Companies Clauses
Consolidation Act, 1845, before he so certifies, that shares for the
whole of such capital have "been issued and accepted, and that
one half of such capital lias been paid up, and that not less than
one-fifth part of the amount of each separate share in such capital
has been paid on account thereof before or at the time of the
issue or acceptance thereof, and until stock for one half of so
much of the said additional capital as is to be raised by means of
stock is fully paid up and the company have proved to such justice
as aforesaid before he so certifies that such shares or stock as the
case may be were issued and accepted [and to the extent aforesaid
paid up] bona fide, and are held by the persons to whom the same
\\ (! issued or their executors, administrators, successors or assigns,
and also so far as the said additional capital is raised by snares
that such persons or their executors, administrators, successors or
assigns are legally liable for the same, and upon production to
such justice of the books 'of the company and of such other evidence
as he shall think sufficient he shall grant a certificate that the
proof aforesaid has been given, which certificate shall be sufficient
evidence thereof.
5. RAILWAY CONSTABLES.
Subject to the conditions hereinafter set forth, any two justices
having jurisdiction in any one of the counties, cities or boroughs
in which the constables hereinafter mentioned are to act may on
the application of the company appoint all or so many as they
think fit of the persons recommended to them for that purpose by
the company to act as special constables upon and within the
whole of the railways, stations and works belonging to or worked
by the company, [either solely or jointly with any other company,
companies or committee,] and the following provisions shall apply
to every appointment so made:
(1) Every person so appointed shall make oath or declaration
in due form of law "before any justice having jurisdiction
in any one of the counties, cities or boroughs in which
such person is to act duly to execute the office of a
constable:
(2) Every person so appointed and having been sworn or having
made declaration as aforesaid shall 'during the con-
tinuancn of his appointment have all the powers, pro-
SPECIAL CLAUSES IN RAILWAY BILLS.
tection and privileges of a constable in respect of the
exercise of his duties, and may follow and arrest any
persons who has departed from any of the said railways,
stations or works after committing therein or thereon
any offence for which he might have been arrested while
within or upon the said railways, stations or works:
(3) Any two justices assembled and acting together or the
company may dismiss from his office \_or accept the resig-
nation of] any constable so appointed, and thereupon
all powers, protection and privileges belonging to such
person by virtue of such appointment shall wholly cease.
No person so dismissed [or resigning] shall be capable
of being re-appointed except with the consent of the
authority by whom he was dismissed:
(4) The local authorities of any county, city or borough shall
not be liable for any expense of or be responsible for
any acts or defaults of such constables or for anything
connected with or consequent upon their appointment,
and nothing in t,his Act contained shall restrict or affect
the jurisdiction or powers of 'the respective local authori-
ties of the county, .city or borough as the case may be or
of any police force:
(5) A constable appointed as aforesaid shall not act as such
unless he be in uniform or provided with an authority
to act as a constable, which authority the justice before
whom such constable makes oath or declaration as afore-
said is hereby empowered to grant, and if the constable
be not in uniform he shall show such authority whenever
called upon to do so.
6 . USE OF ELECTRICAL POWER .
1. Subject to the provisions of this Act and of any regulations Railway may
to be prescribed by the Board of Trade (in this Act referred to J^^f by
as the Board of Trade Regulations) the company may work the power,
traffic on the railway by electrical power and for that purpose
may lay down along the railway and maintain and use mains, lines
and apparatus for transmitting 1 electrical energy.
2. Subject to the provisions of this Act the company may Lands for
appropriate and use as stations for generating electrical energy and j^tioi
922
PARLIAMENTARY DOCUMENTS.
Power to
hold patent
righto.
Provisions a
to use of
electrical
power.
for providing and working thereon engines, dynamos and other
electrical plant and works the lands described in the schedule
but the company shall not create or permit any nuisance on such
lands and shall not erect any generating station except upon the
said lands [or the lands described in the Act].
3. The company may acquire and hold patent and other rights
and licences (not being exclusive) in relation to the use of electrical
power for the purposes of this Act.
4. (e) The following provisions shall apply to the use of elec-
trical power under this Act unless such power is entirely contained
in and carried along with the carriages:
(1) The company shall employ either insulated returns or un-
insulated metallic returns of low resistance:
(2) The company shall take all reasonable precautions in con-
structing, placing and maintaining their electric lines
and circuits and other works of all descriptions and
also in working their undertaking so as not injuriously
to affect by fusion or electrolytic action any gas or water
pipes or other metallic pipes, structures or substances,
or to interfere with the working of any wire, line or
apparatus from time to time used for the purpose of
transmitting electrical power or of telegraphic, tele-
phonic or electric signalling communication or the
currents in such wire, line or apparatus:
(3) The electrical power shall be used only in accordance with
the Board of Trade Regulations, a.nd in such regulations
provisions shall be made for preventing fusion or in-
jurious electrolytic action of or on gas or water pipes
or other metallic pipes, structures or substances and for
minimising as far as is reasonably practicable injurious
interference with the electric wires, lines and apparatus
of other parties and the currents therein whether such
lines do or do not use the earth as a return:
(4) The company shall be deemed to take all reasonable and
proper precautions against interference with the working
of any wire, line or apparatus if and so long as they
(e) In Bills containing this clause, provisions rendering the company
liable in any event for injurious interference with pipes or wires of other
parties are not allowed.
SPECIAL CLAUSES IN RAILWAY BILLS. 923
adopt and employ, at the option of the company, either
such insulated returns or such uninsulated metallic re-
turns of low resistance and such other means of pre-
venting injurious interference with the electric wires,
lines and apparatus of other parties and the currents
therein as may be prescribed by the Board of Trade
regulations, and in prescribing such means the Board
shall have regard to the expense involved and to the
effect thereof upon the commercial prospects of the
undertaking:
(5) At the expiration of two years from the passing of this
Act the provisions of this section shall not operate to
give any right of action in respect of injurious inter-
ference with any electric wires, lines or apparatus or the
currents therein, unless in the construction, erection,
maintaining and working of such wires, lines and appa-
ratus all reasonable and proper precautions including the
use of an insulated return have been taken to prevent
injurious interference therewith and with the currents
therein by or from other electric currents:
(6) If any difference arises between the company and any other
party with respect to anything in this section contained,
such difference shall unless the parties otherwise agree
be determined by the Board of Trade or at the option
of the Board by an arbitrator to be appointed by the
Board and the costs of such determination shall be in
the discretion of the Board or of the arbitrator as the
case may be:
(7) (/) When any department of His Majesty's Government [obsfrmtm-ifs
represents to the Board of Trade that the use of protection.']
electrical power under this Act injuriously affects or is
likely to injuriously affect any instruments or apparatus
whether electrical or not used in any observatory or
laboratory belonging to or under the control of that
Department, the Board of Trade after such inspection
or inquiry as they may think proper may by their regu-
(/) London district, and elsewhere in neighbourhood of observatories,
&c.
B. VOL. II. 5
924 PARLIAMENTARY DOCUMENTS.
lations require the company, to use such reasonable and
proper precautions including insulated returns as the
Board of Trade may deem necessary -for the preven-
tion of such injurious affection. For the purposes of
this subsection any inspector of the Board of Trade may
during his inspection of the company's works and ap-
paratus be accompanied by any person or persons
appointed in that behalf by the Government Depart-
ment concerned and the company shall give all due facili-
ties for the inspection. Provided always that, in the
case of any observatory or laboratory established after
the passing of this Act or of any instruments or ap-
paratus hereafter used in any existing observatory or
laboratory which may be of greater delicacy than those
used therein at the passing of this Act, the Board of
Trade shall consider to what extent if any it is ex-
pedient in the interests of the public that the powers of
this subsection should be exercised, regard being had
to the site of the observatory or laboratory or the pur-
poses of the instruments or apparatus as the case may
be:
iv. (8) The company using electrical power contrary to the pro-
visions of this Act or of the Board of Trade regulations
shall for every such offence be subject to a penalty not
exceeding ten pounds, and also in the case of a continuing
offence to a further penalty not exceeding five pounds
for every day during which such offence continues after
conviction thereof. Provided always that, whether any
such penalty has been recovered or not, the Board of
Trade, if in their opinion the company in the use of
electrical power -under the authority of this Act have
made default in complying with the provisions of this
Act or the Board of Trade regulations, may by order
direct the company to cease to use electrical power, and
1 hereupon the company shall cease to use electrical power
and shall not again use the same unless with the au-
thority of the Board of Trade; and in every such case
the Board of Trade shall make a special report to
Parliament notifying the making of such order:
(9) The expression " company " in this section includes licensees
SPECIAL CLAUSES IN RAILWAY BILLS. 925
and any person owning, working or running carriages
over any railway of the company.
5. In the event of the railways of the company or any part clause for
thereof being worked by electricity the following provisions shall protection of
have effect: General^).
(1) The company shall so construct their electric lines and
works of all descriptions and shall so work their under-
taking in all respects as to prevent any interference
whether by induction or otherwise with the telegraphic
lines from time to time laid down or used by the Post-
master-General or with telegraphic communication by
means of such lines :
(2) If any telegraphic line of the Postmaster-General situate
within one 'mile of any portion of the works of the
company is injuriously affected, and he is of opinion
that such injurious affection is or may be due to the
construction of the company's works or to the working
of the undertaking, the engineer-in-chief of the Post
Office or any person appointed in writing by him may,
at all times when electrical energy is being generated
by the company, enter any of the company's works for
the purpose of inspecting the company's plant and the
working of the same; and the company shall in the
presence of such engineer-in-chief or such appointed,
person as aforesaid make any electrical tests required
by the Postmaster-General, and shall produce for the
inspection of the Postmaster-General the records kept
by the company pursuant to the Board of Trade
regulations:
{3) If a telegraphic line of the Postmaster-General situate
within one mile of any portion of the works of the
company be injuriously affected, and he is unable to
ascertain whether such injurious affection is caused by
the company or by any other persons generating or using
electrical currents for traction purposes, the Postmaster-
General may give notice to the company requiring them
to make at such times as he may specify such experi-
(</) This clause is required to be inserted in Bills for underground
electric railways.
5(2)
926
PARLIAMENTARY DOCUMENTS.
meats (by working their generating stations, running
their cars or otherwise working any part of their under-
taking, or in case of continuous working by stopping
the current generated for the purpose of their under-
taking at such times as would not unduly interfere with
the traflic) as he may deem necessary to enable him to
discover which of the undertakings causes the disturb-
ance, and such tests shall be carried out by the company
as and when required by the Postmaster-General:
(4) In the event of any contravention of or wilful non-com-
pliance with this section by the company or their agents
the company shall be liable to a fine not exceeding ten
pounds for every day during which such contravention
or non-compliance continues, or if the telegraphic com-
munication is wilfully interrupted not exceeding fifty
pounds for every day on which such interruption
continues:
(5) This section shall not apply to any telegraphic line of the
Postmaster-General laid down or placed by him on or
along the railway:
(6) In this section the expression "electric line " has the same
meaning as in the Electric Lighting Act 1882 and the
expression " telegraphic line " has the same meaning as
in the Telegraph Act 1878:
(7) Nothing in this section contained shall be held to deprive
the Postmaster-General of any existing right to proceed
against the company by indictment, action or otherwise
in relation to any of the matters aforesaid.
Company
may abandon
portions
of authorised
line.
Compensa-
tion for
damage
to land
by entry, Ac.
for purpose*
of railways
abandoned.
7. ABANDONMENT 01 KAILWAY.
1. The company shall abandon the construction of so much
of the railway authorised by the Act - as lies between .
2. The abandonment by the company under the authority of
this Act of any portion of any railway or works shall not prejudice
or affect the right of the owner or occupier of any land to receive
compensation for any damage occasioned by the entry of the
company on such land for the purpose of surveying and taking
I, or probing or boring to ascertain the nature of the soil, or
setting out of tlu- line of railway, and shall not prejudice or affect
MODEL TRAMWAY BILL. 927
the right of the owner or occupier of any land which has been
temporarily occupied by the company to receive compensation for
such temporary occupation, or for any loss, damage or injury which
has been sustained by such owner or occupier by reason thereof
or of the exercise as regards such land of any of the powers con-
tained, in the Railways Clauses Consolidation Act 1845 or the
Act.
3. Where before the passing of this Act any contract has been Compensa-
entered into or notice given by the company for the purchasing ^^g*^ 6
of any land for the purposes of or in relation to any portions of respect of
the railways or works authorised to be abandoned by this Act, O f railways
the company shall be released from all liability to purchase or to abandoned,
complete the purchase of any such land, but, notwithstanding, full
compensation shall be made by the company to the owners and
occupiers or other persons interested in such land for all injury or
damage sustained by them respectively by reason of the purchase
not being completed pursuant to the contract or notice, and the
amount and application of the compensation shall be determined in
manner provided by the Lands Clauses Acts for determining the
amount and application of compensation paid for lands taken
under the provisions thereof.
3. MODEL TRAMWAY BILL.
1. The Companies Clauses Consolidation Act 1845, Part I. incorporation
(relating to cancellation and surrender of shares) of the Companies ^ c f s eneral
Clauses Act 1863 as amended by subsequent Acts, the Lands
Clauses Acts, and sect. 3 (Interpretation of terms) Part II. (Con-
struction of tramways) and Part III. (General provisions) of
the Tramways Act 1870, are (except where expressly varied by this
Act) incorporated with and form part of this Act.
2. In this Act the several words and expressions to which i n terpreta-
meanings are assigned by the Acts wholly or partially incor- tion -
porated herewith have the same respective meanings unless there
be something in the subject or context repugnant to such con-
struction: And in this Act unless the context otherwise requires
" The company " means the company incorporated by this
Act;
928 PARLIAMENTARY DOCUMENTS.
" The tramways " and " the undertaking " mean respectively
the tramways and other works and the undertaking by
this Act authorised;
"Mechanical power " includes electrical and every other
motive power not being steam or animal power;
" Engine" includes motor.
"Contingencies" in sect. 122 of the Companies Clauses Con-
solidation Act 1845 include the contingency of the undertaking
being sold to the local authority under sect. 43 of the Tramways
Act 1870 at a sum less than the aggregate amount of the capital
and debts of the company.
[And in this Act and for the purposes of this Act in the Tram-
ways Act 1870 and the incorporated Acts the expression "local
authority " shall mean in reference to a rural district the district
council of that district.]
incorporation 3. [Incorporation clause; see p. 893.]
of company.
POWER TO CONSTRUCT.
Power to 4. Subject to the provisions of this Act and of Parts II. and
w*y'-- rj /// of the Tramways Act 1870 the Company may make, form,
lay down, work, use and maintain the tramways hereinafter
described in the lines and according to the levels and within the
limits of deviation shown on the deposited plans and sections and
in all respects in accordance with those plans and sections with all
proper rails, plates, works and conveniences connected therewith:
Provided that nothing in this Act shall authorise any interference
"with electric lines and works of any undertakers under the Electric
Lighting Acts 1882 and 1888 to which the provisions of sect. 15
of the former Act apply except in accordance with and subject to
the provisions of that section.
The tramways hereinbefore referred to and authorised by this
Act are
A tramway (single line in length commencing at -
and terminating at .
[The Standing Orders require that the length of each tram-
way shall be set forth in miles, furlongs, chains, and
links or yards, or decimals of a chain ; also a statement
ivhether the trannoay is a single or double line.]
MODEL TRAMWAY BILL. 929
5. The company may erect, maintain and use, on the lands Power to
described in the First Schedule to this Act annexed, a station or
stations for producing and generating, transforming, storing and
applying electrical power with all such buildings, engines, bat-
teries, dynamos, accumulators and other plant, machinery,
apparatus, works and conveniences as may be necessary or suitable
for those purposes and may produce, generate, transform, store,
use and apply such power accordingly, but the company shall not
create or permit any nuisance on such lands, and shall not erect
any generating station except upon the said lands [or the lands
described in the Act].
6. (1) The company may, in, under or over the surface of the Astoelec-
streets or roads in which the tramways by this Act authorised will & c .
be situate, or in which it may be necessary so to do in order to
connect the tramways with any generating station, construct, lay
down, erect, maintain, renew and repair electric wires, conductors,
posts, tubes, boxes and other electrical apparatus, and may make
and maintain openings and ways for the purpose of working the
tramways by electrical power, and may for that purpose subject
to the provisions contained in Part II. of the Tramways Act 1870
and to the provisions of this Act open and break up any such
street or road and any sewers, drains, water or gas pipes, tubes,
wires, telephonic and telegraphic apparatus therein or thereunder:
Provided as follows:
(a) All posts and apparatus erected by the company under the
powers of this Act in any street or road shall be of such
design as the local authority may approve and shall be
placed in such position as the local authority and road
authority may approve: Provided that no post or other
apparatus shall be erected on the carriageway except with
the consent of the Board of Trade;
(b) The route in which any electrical apparatus is to be laid or
erected for the purpose of connecting the tramways
with a generating station shall be approved by the
local authority and the road authority, within whose
jurisdiction each portion of the route is situate.
(2) Nothing in this section shall extend to or authorise aoy
interference with any works of any undertakers within the mean-
ing of the Electric Lighting Acts 1882 and 1888 to which the
provisions of sect. 15 of the former Act apply.
930
PARLIAMENTARY DOCUMENTS.
Temporary
tramways
may be nml
when
ary.
Company
may reduce
footpath for
instructing
tramway.
Shelter*
or waiting-
n rns.
7. When by reason of the execution of any work affecting the
surface or soil of any road along or across the carriageway of
which any of the tramways are or is laid it shall in the opinion
.f the road authority be expedient temporarily to remove or
discontinue the use of such tramway or any part thereof, the
company may, with the consent of the road authority and subject
io -iich conditions as the road authority may impose, construct in
tin- same or any adjacent road and (so long as occasion may,
require) maintain a temporary tramway in lieu of the tramway or
part of the tramway so removed or discontinued.
If any difference arises between the company and the road
authority with respect to any conditions or with respect to the
mode of constructing any temporary tramway under the authority
of tli is section, the same shall be settled by arbitration under
this Act.
8. The company may increase the roadway of the portions of
streets mentioned in this section to such extent as may be necessary
to leave a space of nine feet and six inches between the outside of
the footpath on each or either side of such street and the nearest
rail of the tramway by reducing the width of the footpath on each
>r cither side of such street Provided that no footpath shall be
reduced in width so as to be less than six feet wide .
The portions of streets referred to in this section are the
following, that is to say:
9. The company may erect and maintain shelters or waiting-
rooms for the accommodation of passengers, and may with the
consent of the local authority and road authority use for that
purpose portions of the public streets or roads.
Gauge of
: im\v.i\ I.
MODE OF CONSTRUCTION, RESTRICTIONS, &c.
10. (1) The tramways shall be constructed on a gauge of four
feet eight and a half iiu-hcs or such other gauge as may from time
to time be approved by the Board of Trade but carriages or trucks
adapted to run on railways shall not be run thereon.
(2) In tin- event of the tramways being constructed on a less
aaugr than four feet eight and a half inches so much of sect. 34
.f the Tramways Act 1870 as limits the extent of the carriage
used on any tramway beyond the edge of the wheels of such
carriage shall not apply to carriages used on the tramways but
MODEL TRAMWAY BILL. 931
no carriage or engine shall exceed six feet three inches in width
or such other width as may from time to time be prescribed by
the Board of Trade.
11. The rails of the tramways shall be such as the Board of Rails of
Trade may approve. tramways.
12. In addition to the requirements of sect. 26 of the Tram- Plan of
ways Act 1870 the company shall lay before the Board of Trade SeTf*
and the road authority a plan showing the proposed mode of construction,
constructing, laying down and renewing such tramways, and a
statement of the materials intended to be used therein, and the
company shall not commence the construction, laying down and
renewal of any of the tramways or part of any of the tramways
respectively until such plan and statement have been approved by
the Board of Trade, and after such approval the works shall be
executed in accordance in all respects with such plan and state-
ment and under the superintendence and to the reasonable
satisfaction of the surveyor of the road authority as provided by
sect. 26 of the said Act.
13. (1) The company shall at all times maintain and keep Penalty
in good condition and repair and so as not to be a danger or ff not mam-
annoyance to the ordinary traffic the rails of the tramways by this and roads.
Act authorised and of all other tramways of the company and
the sub-structure upon which the same rest, and if the company
at any time fail to comply with this provision or with the pro-
visions of sect. 28 of the Tramways Act 1870, they shall be liable
to a penalty not exceeding five pounds and to a daily penalty not
exceeding five pounds. The tramways of the company for the
purposes of this section include any tramways purchased by the
company or taken on lease by them during the continuance of any
such lease.
(2) In case it is represented in writing to the Board of Trade
by the road authority of any district in which the tramways or
any portion thereof are or is situate or by twenty inhabitant
ratepayers of such district that the company have made default
in complying with the provisions in this section contained or with
any of the requirements of sect. 28 of the Traimvays Act 1870,
the Board of Trade may if they think fit direct an inspection by
an officer to be appointed by the said Board, and if the officer
reports that the default mentioned in such representation has been
proved to his satisfaction, then and in every such case a copy of
982
PARLIAMENTARY DOCUMENTS.
Tramway to
be kept
on level
of Murface of
road.
Application
of road
materials
excavated in
construction
of works.
Sanitary
authority to
have access
t wt-r-.
such report certified by a secretary or an assistant secretary of the
Board of Trade may be adduced as evidence of such default and
of the liability of the company to such penalty or penalties in
respect thereof as is or are by this section imposed.
14. If and whenever after the passing of this Act any road
authority alters the level of any road along or across which any
part of the tramway is laid or authorised to be laid, the company
may and shall from time to time alter or (as the case may be) lay
their rails so that the uppermost surface thereof shall be on a
level with the surface of the road as altered .
15. Any paving, metalling or material excavated by the com-
pany in the construction of the tramways from any road under
the jurisdiction or control of any road authority may be applied
by the company so far as may be necessary in or towards the-
reinstatement of the road and the maintenance for six months
after completion of any of the tramways within the district of
such road authority of so much of the roadway on either side of
such tramways as the company are by sect. 28 of the Tramways
Act 1870 required to maintain; and the company shall if so
required deliver the surplus paving, metalling or material not used
or required to be retained for the purposes aforesaid to the sur-
veyor of the road authority or to such person or persons as he may
appoint to receive the same: Provided that if within seven days
after the setting aside of the surplus arising from the excavation
of any such paving, metalling or material and notice duly given
such surplus is not removed by such surveyor or by some other
person named by him for that purpose, such surplus paving,,
metalling or material shall absolutely vest in and belong to the
<!>, /xtny and may be dealt with, removed and disposed of by them
in such manner as they may think fit. Any difference between the
company and any road authority or surveyor or other person with
reference to any of the matters aforesaid shall be settled by an
arbitrator to be nominated by the Board of Trade on the applica-
tion of either party.
16. Every sanitary authority shall at all times have free access
to and communication with all their sewers and drains and
power to lay lateral and private drains to communicate therewith
without the consent or concurrence of the company, and the pro-
visions contained in sects. 32 and 33 of the Tramways Act 1870
shall be applicable in the case of any sewer or private drain of or
MODEL TRAMWAY BILL.
933
under the control of the said authority as if the same were a pipe
for the supply of gas or water.
17. Where in any road in which a double line of tramway is Cross-overs to
laid there shall be less width between the outside of the footpath fcjjjj * 6 *
on either side of the road and the nearest rail of the tramway cases,
than nine feet six inches, the company shall if and where
required by the Board of Trade construct a cross-over or cross-
overs connecting the one tramway with the other and by the
means of such cross-over or cross-overs the traffic shall when
necessary be diverted from one tramway to the other.
18. (1) The company may subject to the provisions of this Act Power to
Avith the consent of the Board of Trade make, maintain, alter and ^iiti ona i
remove such cross-overs, passing-places, sidings, junctions and other cross-overs
,.,,.. -i -n i 1-1 and * doiWe
works in addition to those particularly specified in and authorised tramway
by this Act as they find necessary or convenient for the efficient nep '
working of the tramways or for providing access to any ware-
houses, stables or carriage-houses or works of the company.
(2) Notwithstanding anything shown on the deposited plans the
compwny may, with the consent of the Board of Trade, lay down
double lines in lieu of single or interlacing lines or single lines
in lieu of double or interlacing lines or interlacing lines in lieu of
double or single lines on any of the tramways, and may with the
like consent at any time alter the position in the road of any of
the tramways or any part thereof .
(3) Provided that if in the construction of any works under
this section any rail is intended to be laid nearer to the footpath
than previously authorised in such a manner that, for a distance of
thirty feet or upwards, a less space than nine feet six inches would
intervene between it and the outside of the footpath on either side
of the road, the company shall not less than one month before
commencing the works give notice in writing to every owner and
occupier of houses, shops or warehouses abutting on the place where
such less space would intervene, and such rail shall not be so laid
if the owners or occupiers of one-third of such houses, shops or
warehouses by writing under their hands addressed and delivered
to the company within three weeks after receiving the notice from
the company express their objection thereto.
PARLIAMENTARY DOCUMENTS.
USE OF MECHANICAL POWER.
Provide. I.MIB 19 The carriages used on the tramways may be moved by
to motive ., . . , i i
power. animal power or subject to the following provisions by mechanical
power (that is to say):
(1) The mechanical power shall not be used except with the
consent of and according to a system approved by the
Board of Trade:
(2) The Board of Trade shall make regulations (in this Act
referred to as "the Board of Trade regulations") for
securing to the public all reasonable protection against
danger arising from the use under this Act of mechanical
power on the tramways and for regulating the use of
electrical power:
(3) The company (h) or any [other] company or person using
any mechanical power on the tramways contrary to the
provisions of this Act or of the Board of Trade regula-
tions shall for every such offence be liable to a penalty
not exceeding ten pounds and also in the case of a
continuing offence to a further penalty not exceeding
five pounds for every day during which such offence is
continued after conviction thereof:
(4) The Board of Trade if they are of opinion
(a) That the company or such [other] company or
person have or has made default in complying with
the provisions of this Act or of the Board of Trade
regulations, whether a penalty in respect of such non-
compliance has or has not been recovered; or
(b) That the use of mechanical power as authorised
under this Act is a danger to the passengers or the
public ;
may by order either direct the company or such [other]
company or person to cease to use such mechanical power
or permit the same to be continued only subject to such
conditions as the Board of Trade may impose, and the
company or such [other] company or person shall comply
with every such order. In every such case the Board of
Or corporation, district council, or as the case may be.
MODEL TRAMWAY BILL. 935
Trade shall make a special report to Parliament notify-
ing the making of such order.
20 (i) . The following provisions shall apply to the use of Special pro-
electrical power under this Act unless such power is entirely l > * g^.
contained in and carried along with the carriages: triad power.
(1) The company shall employ either insulated returns or
uninsulated metallic returns of low resistance:
(2) The company shall take all reasonable precautions in
constructing, placing and maintaining their electric
lines and circuits and other works of all descriptions,
and also in working their undertaking, so as not in-
juriously to affect by fusion or electrolytic action any
gas or water pipes or other metallic pipes, structures or
substances or to interfere with the working of any wire,
line or apparatus from time to time used for the
purpose of transmitting electrical power or of tele-
graphic, telephonic or electric signalling communication
or the currents in such wire, line or apparatus:
(3) The electrical power shall be used only in accordance with
the Board of Trade regulations and in such regulations
provision shall be made for preventing fusion or in-
jurious electrolytic action of or on gas or water pipes
or other metallic pipes, structures or substances, and for
minimising as far as is reasonably practicable injurious
interference with the electric wires, lines and apparatus
of other parties and the currents therein, whether such
lines do or do not use the earth as a return:
(4) The company shall be deemed to take all reasonable pre-
cautions against interference with the working of any
wire, line or apparatus, if and so long as they adopt
and employ at the option of the company either such
insulated returns or such uninsulated metallic returns
of low resistance and such other means of preventing
injurious interference with the electric wires, lines and
apparatus of other parties and the currents therein as
may be prescribed by the Board of Trade regulations.
(t) Provisions in protective clauses, rendering the company liable in
any event for injurious interference with pipes or wires of other parties,
are not allowed.
PARLIAMENTARY DOCUMENTS.
and in prescribing such means the Board shall have
regard to the expense involved and to the effect thereof
upon the commercial prospects of the undertaking:
(5) At the expiration of two years from the passing of this
Act the provisions of this section shall not operate to
give any right of action in respect of injurious inter-
ference with any electric wire, line or apparatus or the
currents therein, unless in the construction, erection,
maintaining and working of such wire, line and appa-
ratus all reasonable precautions including the use of an
insulated return have been taken to prevent injurious
interference therewith and with the currents therein by
or from other electric currents:
(6) If any difference arises between the company and any other
party with respect to anything hereinbefore in this
section contained, such difference shall unless the parties
otherwise agree be determined by [arbitration] the Board
of Trade or at the option of the Board by an arbitrator
to be appointed by the Board, and the costs of such
determination shall be in the discretion of the Board or
of the arbitrator as the case may be:
(7) When any Department of His Majesty's Government repre-
sents to the Board of Trade that the use of electrical
power under this Act injuriously affects or is likely to
injuriously affect any instruments or apparatus ivhether
electrical or not used in any observatory or laboratory
belonging to or under the control of that Department,
the Board of Trade after such inspection or inquiry as
they may think proper may by their regulations require
the company to use such reasonable and proper precau-
tions tiirl tilling insulated returns as the Board of Trade
may dfem necessary for the prevention of such injurious
affection. For the purposes of this subsection any in-
spector of the Board of Trade may during his inspection
of the company's works and apparatus be accompanied
by any person or persons appointed in that behalf by
the Government Department concerned, and the corn-
pan u shall give all due facilities for the inspection.
Provided always that in the case of any observatory or
laboratory rsUiltlishrd after the passing of this Act or
MODEL TRAMWAY BILL. 937
of any instruments or apparatus hereafter used in any
existing observatory or laboratory which may be of
greater delicacy than those used therein at the passing
of this Act, the Board of Trade shall consider to what
extent if any it is expedient in the interests of the
public that the poicers of this subsection should be exer-
cised, regard being had to the site of the observatory
or laboratory or the purposes of the instruments or
apparatus as the case may be :
(8) The expression " company " in this section shall include
[lessees (A;)] licensees and any person owning, working or
running carriages over any tramway of the company.
21. Notwithstanding anything in this Act contained, if any Alteration of
of the works authorised to be executed by this Act involves or is
likely to involve any alteration of any telegraphic line belonging Postmaster-
to or used by the Postmaster-General the provisions of sect. 7 of
the Telegraph Act 1878 shall apply (instead of the provisions of
sect. 30 of the Tramways Act 1870) to any such alteration.
22 (Z). In the event of any tramways of the company being For protection
worked by electricity the following provisions shall have effect: telegraph
(1) The company shall construct their electric lines and other s "
works of all descriptions and shall work their under-
taking in all respects with due regard to the telegraphic
lines from time to time used or intended to be used by
His Majesty's Postmaster-General and the currents in
such telegraphic lines, and shall use every reasonable
means in the construction of their electric lines and
other works of all descriptions and the working of their
undertaking to prevent injurious affection whether by
induction or otherwise to such telegraphic lines or the
currents therein. Any difference which arises between
the Postmaster-General and the company as to com-
pliance with this subsection shall be determined by
arbitration :
(2) If any telegraphic line of the Postmaster-General is
(fc) Where the promoters are a local authority.
(Z) This clause is proper to be used also in the case of above-ground
railways worked by electricity.
9-'5S PARLIAMENTARY DOCUMENTS.
injuriously affected by the construction by the company
of their electric lines and works or by the working of
the undertaking of the company, the company shall pay
the expense of all such alterations in the telegraphic
lines of the Postmaster-General as may be necessary to
remedy such injurious affection:
(3) Before any electric line is laid down or any act or work
for working the tramways by electricity is done within
ten yards of any part of a telegraphic line of the
Postmaster-General (other than repairs), the company
or their agents not more than twenty-eight nor Irss
than fourteen days before commencing the work shall
give written notice to the Postmaster-General specifying
the course of the line and the nature of the work
including the gauge of any wire, and the company
and their agents shall conform with such reasonable
requirements (either general or special) as may from
time to time be made by the Postmaster-General for
the purpose of preventing any telegraphic line of the
Postmaster-General from being injuriously affected by
the said act or work. Any difference which arises
between the Postmaster-General and the company as
to any requirement so made shall be determined by
arbitration:
(4) If any telegraphic line of the Postmaster-General situate
within one mile of any portion of the works of the
company is injuriously affected and he is of opinion
that such injurious affection is or may be due to the
coi iM ruction of the company's works or to the working
of the undertaking, the engineer-in-chief of the Post
Office or any person appointed in writing by him may
at all times when electrical energy is being generated
by the company enter any of the company's works for
the purpose of inspecting the company's plant and
the working of the same, and the company shall in the
presence of such engineer in chief or such appointed
pereon as aforesaid make any electrical tests required
by the Postmaster-General, and shall produce for the
inspection of the Postmaster-General the records kept
MODEL TRAMWAY BILL.
by the company pursuant to the Board of Trade regu-
lations: (m)
(5) In the event of any contravention of or wilful non-com-
pliance with this section by the company or their agents
the company shall be liable to a fine not exceeding ten
pounds for every day during which such contravention
or non-compliance continues or if the telegraphic com-
munication is wilfully interrupted not exceeding fifty
pounds for every day on which such interruption
continues:
(6) Provided 'that nothing in this section shall subject the com-
pany or their agents to a fine under this section if they
satisfy the court having cognisance of the case that the
immediate doing of any act or the execution of any work
in respect of which the penalty is claimed was required
to avoid an accident or otherwise was a work of emer-
gency, and that they forthwith served on the postmaster
or sub-postmaster of the postal telegraph office nearest
to the place where the act or work was done a notice
of the execution thereof, stating the reason for doing or
executing the same without previous notice:
(7) For the purposes of this section a telegraphic line of the
Postmaster-General shall be deemed to be injuriously
affected by an act or work if telegraphic communication
by means of such line is whether through induction or
otherwise in any manner affected by such act or work
or by any use made of such work:
(8) For the purposes of this section and subject as therein pro-
vided sects. 2, 10, 11 and 12 of the Telegraph Act
1878 shall be deemed to be incorporated with this Act:
(9) The expression "electric line" has the same meaning in
this section as in the Electric Lighting Act 1882:
(10) Any question or difference arising under this section which
is directed to be determined by arbitration shall be de-
termined by an arbitrator appointed by the Board of
Trade on the application of either party, whose decision
(TO) Where this clause is applied to a company having a separate
electrical undertaking, this sub-section may be confined to the works
" by this Act authorised " and to the generation of electrical energy " for
the purposes of this Act."
B. VOL. II. 6
940
PARLIAMENTARY DOCUMENTS.
Use of tram-
way pontti by
P-Kiiii iMt r-
Oeneral
tshall be linal, and sects. 30 to 32 both inclusive of the
Regulation of Hail ways Act 1868 shall apply in like
manner as if the company or their agents were a
company within the meaning of that Act:]
(11) Nothing in this section contained shall be held to deprive
tho Postmaster-General of any existing right to pro-
ceed against the company by indictment, action or other-
wise in relation to any of the matters aforesaid:
(12) In this section the expression "the company" includes their
lessees and any person owning, working or running
carriages on any of the tramways of the company.
23. (1) It shall be lawful for the Postmaster-General in any
street or public road or part of a street or public road in which he
is authorised to place a telegraph to use for the support of such
telegraph any poots and standards (with the brackets connected
therewith) erected in any such street or public road by the company
in connection with the tramways authorised by this Act, and to
lengthen, adapt, alter and replace sush posts, standards and
brackets for the purpose of supporting any telegraph, and from
time to time to alter any telegraph so supported, subject to the
following conditions:
(a) In placing, maintaining, or altering such telegraph no ob-
struction shall be caused to the traffic along or the
working or user of the tramways:
(b) The Postmaster-General shall give to the company not less
than twenty-eight days' notice in writing of his in-
tention to exercise any of the powers of this section, and
shall in such notice specify the streets or public roads
or parts of streets or public roads along which it is
proposed to exercise such powers, and the manner in
which it is proposed to use the posts, standards and
brackets, and also the maximum strain and the nature
and direction of such strain. Any difference as to any
matter referred to in such notice shall be determined
as hereinafter provided:
(c) Unless otherwise agreed between the Postmaster-General
and the company the Postmaster-General shall pay the
expense of lengthening, adapting, altering or replacing
under the provisions of this section any post, standard or
bracket, and the expense of providing and maintaining
MODEL TRAMWAY BILL. 941
any appliances, or making any alteration, rendered
necessary in consequence of the exercise of the powers of
this section for the protection of the public or the un-
obstructed working or user of the tramways, or to pre-
vent injurious affection of the Postmaster-General's
telegraphs or any telegraphic or telephonic line or
electrical apparatus of the company or by any regu-
lations which may from time to time be made by the
Board of Trade arising through the exercise by the Post-
master-General of the powers conferred by this section:
(d) Unless otherwise agreed, or in case of difference deter-
mined as hereinafter provided, all telegraphs shall be
attached to the posts, standards or brackets below the
level of the trolley wires, and on the side of such posts
or standards farthest from the trolley wires. Any
difference as to the conditions of attachment shall be
determined as hereinafter provided:
(e) Unless otherwise agreed, no telegraph shall be attached to
any post or standard placed in or near the centre of any
street or public road:
(f) The Postmaster-General shall cause all attachments to
posts, standards, or brackets used by him under the
powers of this section to be from time to time inspected
so as to satisfy himself that the said attachments are
in a proper state of condition and repair:
(g) The Postmaster-General shall make good to the company
and shall indemnify them against any loss, damage, or
expense which may be incurred by them through or in
consequence of the exercise by the Postmaster-General
of the powers conferred upon him by this section unless
euch loss, damage, or expense be caused by or arise from
gross negl : gence on the part of the company, their officers
or servants:
(h) The Postmaster-General shall make such reasonable con-
tribution to the original cost of providing and placing
any post, standard, or bracket used by him, and also
to the annual cost of the maintenance and renewal of
any such post, standard, or bracket, as having regard
to the respective interests of the company and the Post-
master-General in the use of the post, standard or
6(2)
942 PARLIAMENTARY DOCUMENTS.
bracket, and to all the circumstances of each case, may
bo agreed upon between the Postmaster-General and the
company or, failing agreement, determined as herein-
after provided:
(i) The company shall not be liable for any interference with,
or damage, or injury to the telegraphs of the Post-
master-General arising through the exercise by the Post-
master-General of the powers conferred by this section
and caused by the maintaining and working of the
tramways, or by any accident arising thereon, or by
the authorised use by the company of electrical energy,
unless such interference, damage, or injury be caused by
gross negligence on the part of the company, their officers
or servants:
(j) If it shall become necessary or expedient to alter the position
of or remove any post, standard, or bracket, the Post-
master-General shall, upon receiving twenty-eight days'
notice thereof, at his own expense, alter or remove the
telegraph supported thereby, or at his option retain the
post, standard, or bracket, and pay the company the
value .of the same. Provided that if the company or
the body having the control of the street or public road
object to the retention of the post, standard, or bracket
by the Postmaster-General, a difference shall be deemed
to have arisen, and shall be determined as hereinafter
provided.
(2) Nothing in this section contained shall prevent the company
from using their posts, standards, or brackets for the support
of any of their electric wires and apparatus in connection with
their tramways, or shall take away any existing right of the
local authority of using the posts, standards, or brackets of the
company in connection with the lighting of the streets or other-
wise. Provided that any difference between the Postmaster-
General and the local authority in relation to the use of the posts,
>tundards or brackets by the Postmaster-General and the local
authority respectively shall be determined as hereinafter provided .
[(2) (n) Nothing in this section contained shall prevent the cor-
(n) Substitute this sub-clause where the promoters are a local
authority.
MODEL TRAMWAY BILL. 943
poration from using their posts, standards, or brackets for the
support o^' any of their electric wires and apparatus, whether in
connection with their tramways or other municipal undertakings,
or shall take away any existing right of the corporation of per-
mitting the use by any company or person of their posts, standards,
or brackets in connection with the lighting of the streets or other-
wise. Provided that any difference between the Postmaster-
General and such company or person in relation to the use of the
posts, standards, or brackets by the Postmaster-General and such
company or person respectively shall be determined as hereinafter
provided.]
(3) All differences arising under this section shall be determined
in manner provided by sects. 4 and 5 of the Telegraph Act, 1878,
for the settlement of differences relating to a street or public
road.
(4) In this section the expression " company " includes their
lessees; the expression "telegraph" has the same meaning as in
the Telegraph Act, 1869, and other expressions have the same
meaning as in the Telegraph Act, 1878.
24. The company may with the consent of the owner of any Attachment
building attach to that building such brackets, wires and apparatus
as may be required for the working of the tramways by mechanical
power: Provided that
(1) Where in the opinion of the company any consent under
this section is unreasonably refused, they may appeal
to a petty sessional court, which shall have power having
regard to the character of the building and to the other
circumstances of the case to allow the attachment subject
to such terms as to compensation or rent and otherwise as
it may think reasonable or to disallow the same and
. may determine by which of the parties the costs of the
appeal are to be paid:
(2) Any consent of an owner and any order of a petty sessional
court under this section shall not have effect after that
owner ceases to be in possession of the building, but
any attachments fixed under the provisions of this section
shall not be removed until the expiration of three months
after any subsequent owner shall have given to the
company notice in writing requiring the attachments
to be removed. Where such notice is given the preceding
PARLIAMENTARY DOCUMENTS.
Apparatus
UHrd for
mechanical
power to be
deemed part
of tramway.
By-laws.
provisions of this section shall apply and the petty
sessional court shall have the same powers as under
proviso (1):
(3) The owner may require the company temporarily to re-
move the attachments where necessary during any re-
construction or repair of the building.
For the purposes of this section any occupier of a building whose
tenancy exceeds one year unexpired and in the case of any other
tenancy the person receiving the rackrent shall be deemed to be
the owner.
25. The provisions of sects. 26 to 33 [(o) and 41] of the Tram-
ways Act 1870 (except so much of sect. 28 as relates to the repair
of the road between and on each side of the rails of a tramway)
shall apply as if all posts, tubes, pipes, wires and other apparatus
used or to be used by the company for the purposes of mechanical
power were parts of the tramway.
26. Subject to the provisions of this Act the Board of Trade
may make by-laws with regard to any of the tramways upon which
mechanical power may be used, for all or any of the following
purposes (that is to say):
For regulating the use of any bell, whistle or other warning
apparatus fixed to the engine or carriages:
For regulating the emission of smoke or steam from engines
used on the tramways:
For providing that engines and carriages shall be brought to
a stand at the intersection of cross streets and at such places
and in such cases of horsas being frightened or of impending
danger as the Board of Trade may deem proper for securing
safety:
For regulating the entrance to exit from and accommodation
in the carriages used on the tramways and the protection
of passengers from the machinery of any engine used for
drawing or propelling such carriages:
For providing for the due publicity of all by-laws and Board
of Trade regulations in force for the time being in relation
to the tramways by exhibition of the same in conspicuous
places on the carriages and elsewhere:
Any person offending against or committing a breach of any
(o) Reference to sect. 41 should be omitted in local authorities' Bills.
MODEL TRAMWAY BILL. 946
of the by-laws made by the Board of Trade under the au-
thority of this Act shall be liable to a penalty not exceeding
forty shillings.
WORKING BY LOCAL AUTHORITY.
27. Notwithstanding anything in the Tramways Act 1870 to Power to
the contrary the corporation (p) may place and run carriages on to^rk'tram-
and may work and may demand and take tolls and charges in wa 7 8 -
respect of any tramways within the borough now belonging to
tho corporation or authorised in or prior to the present session of
Parliament to be constructed by them and in respect of the use of
such carriages and may provide such stables, buildings, carriages,
trucks, harness, engines, machinery, apparatus, horses, steam, cable,
electric and other plant, appliances and conveniences as may be
requisite or expedient for the convenient working or user of the
said tramways by animal or mechanical power, but nothing in
this section shall empower the corporation to create or permit a
nuisance or to manufacture any such plant, appliances and con-
veniences required for the working or user of the said tramways.
28. The regulations authorised by the Tramways Act 1870 to, Regulation*
be made by the promoters of any tramway and their lessees may ''7 cor J> ora -
with respect to any tramways or portions of tramways for the time
being belonging to and worked by the corporation be made by the
corporation alone. <
COMPLETION.
29. The tramway shall not be opened for public traffic until inspection by
it has been inspected and certified to be fit for such traffic by the
Board of Trade.
30. The tramway shall be completed within five years from p er iodfor
tho passing of this Act and on the expiration of that period the completion of
powers by this Act granted to the company for executing the same
or otherwise in relation thereto shall cease except as to so much
thereof as shall then be completed.
DEPOSIT OR PENALTY.
31. Whereas pursuant to the Standing Orders of both Houses Deposit
of Parliament and to the Parliamentary Deposits Act 1846 a money not to
be repaid
(p) Or as the case may be.
94<i
PAKLIAMKNTAKY DOCUMENTS.
until line
opened.
Application
of deposit.
sum of - - [stock, Exchequer bills], being five per cent, upon
the amount of the estimate in respect of the tramway, has been
deposited with [transferred into the name of] the Paymaster
(ieneral for and on behalf of the Supreme Court [Accountant
General of the Supreme Court in Ireland] in respect of the appli-
r;iti<m to Parliament for this Act, (which sum [stock, Exchequer
bills] is [are] referred to in this Act as the deposit fund) : Be it
enacted that notwithstanding anything contained in the said Act
the said deposit fund shall not be paid or transferred to or on the
application of the person or persons or the majority of the persons
named in the warrant or order issued in pursuance of the .said
Act or the survivors or survivor of them (which persons, survivors
or survivor are or is in this Act referred to as the depositors)
unless the company shall previously to the expiration of the period
limited by this Act for completion of the tramway open the same
for the public conveyance of passengers, and if the company
shall make default in so opening the tramway the deposit fund
>holl be applicable and shall be applied as provided by the next
following section: Provided that if within such period as afore-
said the company open any portion of the tramway for the public
on\eyance of passengers, then on the production of a certificate
of the Board of Trade specifying the length of the portion of the
tramway opened as aforesaid and the portion of the deposit fund
which bears to tho whole of the deposit fund the same proportion
as the length of the tramway so opened bears to the entire length
of the tramway hereby authorised, the High Court shall on tho
application of the depositors order the portion of the deposit fund
specified in the certificate to be paid or transferred to them or as
they shall direct, and the certificate of the Board of Trade shall
be sufficient e\ iilence of tho facts therein certified and it shall not
be necessary to produce any certificate of this Act having passed.
anything in the above mentioned Act to the contrary notwith-
standing.
32. If the company do not pre\ iously to the expiration of the
period limited for the completion of the tramway complete the
-ame and open it for the public conveyance of passengers, then and
in every such case the deposit fund or so much thereof as shall not
ha\v been paid to the depositors shall be applicable and after due
notice in the Lmulon Gazette shall be applied towards compen-
>;iting any landowners or other persons whose property has been
MODEL TRAMWAY BILL.
interfered with or otherwise rendered less valuable by the com-
mencement, construction or abandonment of the tramway or any
portion thereof; or who have been subjected to injury or loss in
consequence of the compulsory powers of taking property conferred
upon the company by this Act, and also in compensating all road
authorities for the expense incurred by them in taking up any
tramway or materials connected therewith placed by the company
in or on any road vested in or maintainable by such road
authorities respectively, and in making good all damage caused to
such roads by the construction or abandonment of such tramway
and shall be distributed in satisfaction of such compensation
as aforesaid in such manner and in such proportions as to the
High Court may seem fit; and if no such compensation is payable
or if a portion of the deposit fund has been found sufficient to
satisfy all just claims in respect of such compensation, then the
deposit fund or such portion thereof as may not be required as
aforesaid shall, if a receiver has been appointed or the company
is insolvent and has been ordered to be wound up or the under-
taking- has been abandoned, be paid or transferred to such receiver
or to the liquidator or liquidators of the company or be applied in
ths discretion of the Court as part of the assets of the company for
the benefit of the creditors thereof and subject to such application
shall be repaid or retransf erred to the depositors: Provided that
until the deposit fund has been repaid [retransferred] to the
depositors or has become otherwise applicable as hereinbefore
mentioned any interest or dividends accruing thereon shall as
and when the same become payable be paid to or on application of
the depositors.
[The two following clauses are to be substituted in every Bill
iriicrcbij the construction of any new line of tramway is authorised,
or the time for completing any line already authorised is extended,
promoted by an existing tramway company which is possessed of
a tramway already opened for public traffic, and which has during
the year last past paid dividends on its ordinary share capital,
and which does not propose to raise under the Bill a capital greater
than its existing authorised capital.']
31 A. If the company fail within the period limited by this Penalty
Act to complete the tramway and open the same for public traffic ^j^g the
the company shall be liable to a penalty of fifty pounds a day for line is opened
J . . . within the
every day after the expiration of the period so limited until the time limited.
948 PAKLIAMKNTARY DOCUMENTS.
tramway is completed and opened for publio traffic or until the
sum received in respect of such penalty amounts to five per cent.
on the estimated cost of the works, and the said penalty may be
applied for by any road authority, landowner or other person claim-
ing to be- compensated or interested in accordance with the pro-
visions of the next following section of this Act and in the same
manner as the penalty provided in sect. 3 of the Railway and iCanal
Traffic Act 1854; and every sum of money recovered by way of
such penalty as aforesaid shall be paid under the warrant or order
of such court or judge as is specified in that section to an account
opened or to be opened in the name of the Paymaster-General for
and on behalf of the Supreme Court [the Accountant 6-eneral of
the Supreme Court in Ireland] in the bank [and to the credit]
specified in such warrant or order and shall not be paid thereout
except as hereinafter provided, but no penalty shall accrue in
respect of any time during which it shall appear by a certificate
to be obtained from the Board of Trade that the company was
prevented from completing or opening such line by unforeseen
accident or circumstances beyond their control, provided that the
want of sufficient funds shall not be held to bo a circumstance
beyond their control.
32A. Every sum of money so recovered by way of penalty as
aforesaid shall be applicable and after due notice in the London
Gazette shall be applied towards compensating any landowners
or other persons whose property may have been interfered with or
otherwise rendered less valuable by the commencement, construc-
tion or abandonment of the tramway or any portion thereof, or
who may have been subjected to injury or loss in consequence of
tltc compulsory powers of taking property conferred upon the com-
pany by this Act, and also in compensating all road authorities
for the expense incurred by them in taking up any tramway or
materials connected therewith placed by the company in or on any
road vested in or maintainable by such road authorities respec-
tively and in making good all damage caused to such roads by
the construction or abandonment of such tramway, and shall be
distributed in satisfaction of such compensation as aforesaid in
such manner and in such proportions as to the High Court may
Boom fit; and if no such compensation shall be payable or if a
portion of the sum or sums of money so recovered by way of
penalty as aforesaid shall have been found sufficient to satisfy all
MODEL TRAMWAY BILL. 949
just claims in respect of such compensation, then the said sum! or
sums of money recovered by way of penalty or such portion thereof
as may not be required as aforesaid shall, if a receiver has been
appointed or the company is insolvent and has been ordered to be
wound up or the undertaking [tramway or tramways in respect of
which the penalty has been incurred or any part thereof] has
been abandoned, be paid or transferred to such receiver or to the
liquidator or liquidators of the company or be applied in the
discretion of. the Court as part of the assets of the company for
the benefit of the creditors thereof, and subject to such application
shall be repaid or retransf erred to the company.
FARES, RATES, AND CHARGES.
33. The company may demand and take for every passenger Passenger*'
travelling upon the tramway or any part or parts thereof, includ- farefl -
ing every expense incidental to such conveyance, a fare not
exceeding one penny per mile; and in computing the said fare
the fraction of a mile shall be deemed a mile, but in no case shall
the company be bound to charge a less sum than one penny.
34. Every passenger travelling upon the tramway may take
with him his personal luggage not exceeding twenty-eight pounds
in weight without any charge being made for the carriage thereof,
all such luggage to be carried by hand and not to occupy any part
of a seat nor to be of a form or description to annoy or incon-
venience other passengers.
35. The company shall not be bound unless they think fit to Company not
carry passengers' luggage exceeding - - pounds in weight nor bound to
any parcel or goods (q) .
36. Goods, animals, articles or things (other than passengers Goods traffic
and passengers' luggage and parcels not exceeding fifty-six pounds ^"tain houra.
in weight) shall not be conveyed on the tramway between the hours
of eight in the morning and eight in the evening without the
consent of the local authority and the road authority.
// the company is not to be authorised to take rates and charges Company not
for animals and goods the following clause is to be inserted:
37. The company shall not carry on the tramways any goods, goods.
(q) Where animals and goods are intended to be carried, a clause
should be inserted fixing the maximum rates for such carriage. See, for
instance, Nottinghamshire, &c. Act, 1903, c. 202, s. 49.
950
PARLIAMENTARY DOCUMENTS.
passengers and passengers'
in this Act in that behalf
AH to fan-* mi
Sundays
or holiday*.
Chrap fan-s
Periodical
revision
of rat<- Mini
animals or other things other than
luggage not exceeding the weight
mentioned and small parcels.
18. The company shall not take or demand on Sunday or any
pul)li(j holiday any higher fares or charges than those levied by
tin -in on ordinary week days.
'W. (1) The company at all times after the opening of the
tramways for public traffic shall and they are hereby required to
run a proper and sufficient service of carriages for artizans,
mechanics and daily labourers each way every morning and every
evening (Sundays, Christmas Day and Good Friday always
excepted), at such hours not being later than eight in the morning
or earlier than five in the evening respectively as may be most
convenient for such workmen going to and returning from their
work, at fares not exceeding one halfpenny for every mile or
fraction of that distance. On Saturdays the company in lieu of
running such carriages after five o'clock in the evening shall run
the same at such hours between noon and two o'clock in the after-
noon as may be most convenient for the said purposes.
(2) If complaint is made to the Board of Trade that such
proper and sufficient service is not provided, the Board after
considering the circumstances of the locality may by order direct
the company to provide such service as may appear to the Board
to be reasonable.
(3) The company shall be liable to a penaltj- not exceeding
five pounds for every day during which they fail to comply with
any order under this section.
40. If at any time after three years from the opening for
public traffic of the tramways or any portion thereof or after three
years from the date of ;m\ order made in pursuance of this section
in respect of the tramways or any portion thereof it is represented
in writing to the Board of Trade by the local authority of any
district in which the tramways or such portion are or is wholly or
partly situate or by twenty inhabitant ratepayers of that district
or by the company that under the circumstances then existing all
or any of the fares or other charges demanded and taken in respect
of the traffic on tin- tramways or on such portion should be revised,
the Board of Trade may (if they think fit) direct an inquiry by a
referee to be appointed by the said Board in accordance with the
provisions of the Tramways Act 1870; and if the referee reports
MODEL TRAMWAY BILL.
that it has been proved to his satisfaction that all or any of the
fares or charges should be revised, the said Board may, subject to
the maximum fares and charges authorised by this Act, by order in
Avriting alter, modify, reduce or increase all or any of the fares or
charges to be taken in respect of the tramways or on any portion
thereof and thenceforth such order shall be observed until tho
same is revoked or modified by an order of the Board of Trade
made in pursuance of this section: Provided that a copy of this
section shall be annexed to every table or list of fares published
or exhibited by the company.
LANDS .
41. Subject to the provisions of this Act the company may Power to
enter upon, take, hold and use for the purposes of their undertaking
the following lands shown on the deposited plans and described in
the deposited book of reference (that is to say) &c.
42. The powers of the company for the compulsory purchase of Period for
lands for the purposes of this Act shall cease after the expiration purchase
of three years from the passing of this Act. uf lands -
43. If there be any omission, mis-statement or wrong descrip- < 'urrectiou of
tion of any lands or of the owners, lessees or occupiers of any lands deposited plan
shown on the deposited plan or specified in the deposited book of a ? d ^ ok
* . c , . . ot reference.
reference, the company after giving ten days notice to the owners,
lessees and occupiers of the land in question may apply to two
justices acting for the county of - - for the correction thereof;
;md if it appear to the justices that the omission, mis-statement or
wrong description arose from mistake they shall certify the same
accordingly, and they shall in their certificate state the particulars
of the omission and in what respect any such matter is mis-stated
or wrongly described, and such certificate shall be deposited with
the clerk of the peace for the county of - - and a duplicate
thereof shall also be deposited with the clerks of the parish councils
[or as the case may be] in which the lapds affected thereby are
situate, and such certificate and duplicate respectively shall be
kept by such clerk of the peace and clerks of parish councils respec-
tively with the other documents to which the same relate; and
thereupon the deposited plan and book of reference shall be
deemed to be corrected according to such certificate, and it shall
PARLIAMENTARY DOCUMENTS.
I'nn tiii*<- of
land* by
agreement.
Nuiaance.
ie lawful for the company to take the lands and execute the works
in accordance with such certificate.
44. In addition to the other lands which the company are by
this Act authorised to purchase and acquire they may purchase,
take on lease or acquire by agreement and may hold for the pur-
poses of their undertaking any lands not exceeding ten acres, and
they may on such lands erect or construct and hold depots, yards,
wharves, offices, buildings, sidings, works and other conveniences
in connection with their undertaking.
45. Nothing in this Act shall exonerate the company from any
indictment, action or other proceeding for nuisance in the event
of any nuisance being caused or permitted by them on any lands
purchased or used by them for the purposes of their undertaking.
Company not
to create
(1 (!> nt ure
stock.
of
on Bile of
tramway.
CAPITAL, &c.
[Here insert clauses for CAPITAL, &c.: see p. 893 et seq. ;
but the following clauses are necessary in Tramway
Bills.]
46. The company shall not create debenture stock.
47. Every mortgage of the company's undertaking shall be
deemed to comprise all purchase money which may bo paid to
the company in the event of a sale to the local authority under
sect. 43 of the Tramways Act 1870, and may comprise all or any
moneys carried to the contingency fund according to the terms
of the mortgage; and every mortgage deed shall be endorsed with
notice that the mortgage will not be a charge upon the tramways
or the tramway undertaking in the event of such sale.
By-laws
by i. .- .1
authority.
MISCELLANEOUS .
48. The provisions of the Tramways Act 1870 relating to the
making of by-laws by the local authority with respect to the rate
of speed to be observed in travelling on the tramways shall not
authorise the local authority to make any by-laws sanctioning
a higher rate of speed than that authorised by this Act or by the
Board of Trade regulations, but the by-laws of the looal authority
may restrict the rate of speed to a lower rate than that so
authorised.
MODEL TRAMWAY BILL. 953
49. If any person wilfully does or causes to be done with Penalty for
malicious
respect to any apparatus used for or in connection with the work- damage,
ing of any tramway of the company anything which is calculated
to obstruct or interfere with the working of such tramway or to
cause injury to any person, he shall (without prejudice to any
proceedings by way of indictment or otherwise to which he may be
subject) be guilty of an offence punishable on summary conviction
-and every person convicted of such offence or of any offence under
sect. 50 of the Tramways Act 1870 with respect to any tramway
of the company shall be liable to a penalty not exceeding twenty
pounds.
50 . Where the consent or approval of any local or road autho- Consents
rity is by this Act required before the exercise of any powers by r r ' ^ au
the company, such consent or approval shall not be unreasonably thority.
withheld and if any difference arises as to whether any consent or
approval is unreasonably withheld that difference shall be referred
to arbitration.
51. Where under this Act any question or dispute is to be References to
referred to arbitration, then, unless other provision is made, the
reference shall be to an arbitrator appointed by the Board of
Trade.
52. All orders, regulations and by-laws made by the Board of Orders, &o. of
Trade under the authority of this Act shall be signed by a Secre- Trade.
tary or an Assistant Secretary of the Board.
53. Any penalty under this Act or under any by-laws made Recovery
t ^' A , u J -j J of penalties.
in pursuance of this Act may be recovered in manner provided
by the Summary Jurisdiction Acts.
[In the case of Companies' Bills, here insert clauses " Interest
not to be paid out of capital " and " Deposits for future
Bills not to be paid out of capital," see pp. 912, 913.]
54. Nothing in this Act contained shall exempt the company Provision as
or the tramway from the provisions of any general Act relating to g eneral
tramways passed before or after the commencement of this Act, Acts.
or from any future revision or alteration under the authority of
Parliament of the maximum fares, rates or charges authorised by
this Act.
964
PARLIAMENTARY DOCUMENTS.
Incorporation
of Act*.
Interpreta-
tion.
Limits of
Act.
Incorporation
of company.
4. MODEL GAS BiLL(r).
1. The following Acts and parts of Acts are hereby incor-
porated with this Act (namely):
The Companies Clauses Consolidation Act 1845 (except the
provisions relating to the conversion of borrowed money
into capital), Part I. (relating to cancellation and sur-
render of shares), and Part III. (relating to debenture
stock) of the Companies Clauses Act 1863 as amended by
subsequent Acts; and
The Gasworks Clauses Act 1847 ((s) except sect. 7): Pro-
vided that sect. 13 shall be read as if the words " or any
premises" were inserted after the words "private build-
ing " and as if the words " Provided also that every such
contract entered into by the company shall be alike in
terms and amount under like circumstances to all con-
sumers " were added at the end of that section.
2. In this Act the several words and expressions to which mean-
ings are assigned by the Acts wholly or partially incorporated
herewith shall have the same respective meanings unless there
be something in the subject or context repugnant to such con-
struction:
The expression " the company " shall mean the company
incorporated by this Act;
The expression " the works " " the gasworks " and " the
undertaking " shall respectively mean and include the gas-
works and works connected therewith by this Act vested in
or authorised to be made or maintained by the company
and any improvement thereof which they may construct
under the powers of this Act and the lands, buildings,
estate, right, title, property, privileges and effects and the
undertaking of the company and every part thereof
respectively .
3. The limits of this Act shall be, &c.
4. [Incorporation of company ; see p. 893, clause 6.]
(r) Clauses 415 and 22 are not applicable to Bills of local authorities;
clauses 13, 16 21, 23 37 may be applied with the necessary modifica-
tions.
() Tho exception of sect. 7 will, in effect, authorise the breaking up of
private streets for the purpose of laying pipes. See also clause 17.
MODEL GAS BILL.
5. The company shall be established for the purpose of marm- General pur-
facturing and supplying gas for lighting, heating, motive power company-
and other purposes within the limits of this Act, and may convert,
manufacture and sell all residual products resulting from the
manufacture of gas by them and generally may carry on the
business usually carried on by a gas company (t).
CAPITAL.
[Here insert clauses as to capital, issue of shares, and calls;
see p. 893.]
6 (u) . The company may from time to time raise additional Power to
capital not exceeding in the whole pounds by the creation co . m P a y to
r P r raise addi-
and issue of new ordinary shares or stock or new preference shares tional capital,
or stock, or wholly or partially by one or more of those modes
respectively, but the company shall not issue any share of less
nominal value than ten pounds: Provided that it shall not be
lawful for the company to create and issue under the powers
of this Act any greater nominal amount of capital than shall
be sufficient to produce, including any premium which may be
obtained on the sale thereof, the sum of pounds: Provided also
that the company shall not create and issue within the year fol-
lowing the passing of this Act any greater nominal amount of
capital than shall be sufficient to produce in manner aforesaid
- pounds or within any subsequent year - pounds : Provided
also that the company shall not raise by the issue of preference
shares or stock a greater amount of such additional capital than
pounds.
7 . If in any year or years the company have not created and if authorised
capital for any
(t) The following clause, in restriction of powers granted in previous
Acts, was inserted in some Acts of 1912: -
" The company (notwithstanding anything in any Act relat-
ing to their undertaking) shall not purchase or use in any process
of manufacture any materials other than those required for the
making and supply of gas or for the working up of their own
residual products or for the construction, maintenance and repair
of their gasworks, plant and buildings or for the maintenance and
repair of gas fittings."
(w) Applicable only to existing companies.
B. VOL. II. 7
PARLIAMENTARY DOCUMENTS.
year not raited issued capital to the full amount hereinbefore prescribed in rela-
amount may be
made up in
year*.
Power to
borrow.
Application
of
,T i_ .1
to such year or years, they may in any subsequent year
create and issue in addition to the amount prescribed for such
i/ear such a nominal amount of capital as shall be sufficient to-
gether with the amount then raised to produce in manner afore-
said - - pounds in respect of the year following the passing of
this Act, and - - pounds in respect of every subsequent year
then expired.
8. The company may subject to the provisions of this Act
borrow on mortgage of the undertaking any sum or sums not
exceeding in the whole one-third part of the amount of the [addi-
tional] capital which at the time of borrowing has been raised
under the powers of this Act. But no sum shall be borrowed in
respect of any capital so raised until the company have proved
to a justice of the peace before he gives his certificate under the
fortieth section of the Companies Clauses Consolidation Act 1845
that the whole of the stock or shares at the time issued together
with the premium (if any) realised on the sale thereof have been
fully paid up.
9. All moneys raised under this Act including premiums shall
be applied only to purposes to which capital is properly applic-
able, and any sum of money which may arise by way of premium
from the issue of shares or stock under the provisions of this Act
shall not be considered as part of the capital of the undertakers
entitled to dividend.
\Then insert the clauses Priority of money already bor-
rowed on mortgage (p. 918), debenture stock clauses
(p. 918), and clauses as to general meetings, and
directors (p. 895).]
Profit* of
the company
limited.
(Standard
rates of
dividend.)
LIMITATION OF PROFITS.
10. Except as by this Act provided the profits of the com-
pany to be divided among the shareholders in any year shall not
exceed the following rates (which are in this Act referred to as
the standard rates of dividend), that is to say, on the original
capital the rate of ten pounds in respect of every one hundred
pounds of such capital, and on the additional capital to be raised
under the powers of this Act the rate of seven pounds in respect
of every one hundred pounds actually paid up of such capital
MODEL GAS BILL. 957
as shall be issued as ordinary capital, and the rate of five pounds
in respect of every one hundred pounds actually paid up of such
capital as shall be issued as preference capital.
11. In case in any half-year the funds of the company Dividends on
applicable to dividend shall be insufficient to pay the full amount
of dividend at the prescribed maximum rate on each class of Btock r
, . . , , , shares to be
ordinary stock or shares in the capital of the company a propor- pa id propor-
tionate reduction shall be made in the dividend of each class. tionately.
12. (1) The Directors of the company may if they think tit Power to
in any year appropriate out of the revenue of the company as g^ciaVpur-
part of the expenditure on revenue account any sum not exceed- poses fund
ing an amount equal to one per cent, of the paid-up capital of the
company, including premiums, to a fund to be called the "Special
Purposes Fund."
(2) The Special Purposes Fund shall be applicable only to meet
such charges as a chartered accountant or incorporated accountant
being the auditor of the company or appointed for the purpose
by the Board of Trade shall approve as being
(a) expenses incurred by reason of accidents, strikes or circum-
stances which due care and management could not have
prevented, or
(b) expenses incurred in the replacement or removal of plant
or works other than expenses requisite for maintenance
and renewal of plant and works.
(3) The maximum amount standing to the credit of the Special
Purposes Fund shall not at any time exceed an amount equal
to one-tenth part of the paid-up capital of the company including
premiums.
(4) The moneys forming the Special Purposes Fund or any
portion thereof may be invested in securities in which trustees
axe authorised by law to invest or may be applied for the general
purposes of the company to which capital is properly applicable,
or majr be used partly in the one way and partly in the other.
(5) Resort may from time to time be had to the Special Pur-
poses Fund notwithstanding that the sum standing to the credit
of the Fund is for the time being less than the maximum allowed
by this section.
(z) This clause is not applicable except where there is a sliding scale,
7 (2)
PARLIAMENTARY DOCUMENTS.
Application of
excess of
profits over
authorised
rates of
dividend.
Power to
create a
reserve fund.
(6) [(y) The money or securities standing to the credit of the
Insurance Fund of the company at the passing of this Act shall
be credited to the Special Purposes Fund and section - - of
the Act of - - is hereby repealed.]
13. If the clear profits of the undertaking of the company
in any year amount to a larger sum than is sufficient to pay
[the dividend on the preference capital and] the dividend at the
authorised rate on the ordinary capital of the company the excess
shall be carried to the credit of the divisible profits of such under-
taking for the next following year.
Provided that the sum standing to the credit of such divisible
profits shall not at any time exceed the amount required to pay
one year's dividend at the authorised rate.
14. Where in any year the dividend of the company on the
ordinary capital of the company shall exceed the standard rate
by reason of the price charged by the company for gas in such
year being below the standard price, then out of the amount of
the divisible profits of the company applicable to the payment
of such excess of dividend the company may in such year set
apart such sum as they shall think fit, and all sums (if any) so
set apart by the company, and any reserve or other fund of the
company existing at the passing of this Act, may be invested in
Government or other securities, and the divid-ends and interest
arising from such securities may also be invested in the same or
the like securities, in order that the same may accumulate at
compound interest; and the fund so formed shall be called " the
Reserve Fund," and shall be applicable to the payment of divi-
dend in any year in which the clear profits of the company shall
be insufficient to enable the company in such year to pay the
dividend at the authorised rate on the ordinary capital of the
company, and save as in this Act provided no sum shall in any
year be carried by the company to any reserve fund.
AUCTION CLAUSE (2).
New shares 15. (1) All shares or stock created under the powers of this
to be sold by ^ ct 8na ^ ^e i ssue d in accordance with the provisions of this
auction section .
or tender.
(y) Insert where an insurance fund already exists and repeal section
authorising creation of that fund.
(z) This clause is also applicable to Bills of water companies.
MODEL GAS BILL. 969
(2) All shares or stock so to be issued shall be offered for
sale by public auction or tender in such manner, at such times,
and subject to such conditions of sale as the company shall from
time to time determine. Provided as follows:
(a) Notice of the intended sale shall be given in writing to
the town clerk of and to the secretary of the
London Stock Exchange at least twenty-eight days
before the day of auction or the last day for the recep-
tion of tenders as the case may be, and shall also be
duly advertised once in each of two consecutive weeks
in one or more local newspapers circulating within the
said borough:
(b) A reserve price shall be fixed and notice thereof shall be
sent by the company in a sealed letter to be received
by the Board of Trade not less than twenty-four hours
before, but not to be opened till after, the day of auction
or last day for the receipt of tenders as the case may be :
(c) No lot offered for sale shall comprise shares or stock of
greater nominal value than one hundred pounds:
(d) In the case of a sale by tender no preference shall be
given to one of two or more persons tendering the same
sum; in the case of a sale by auction a bid shall not be
recognised unless it is in advance of the last preceding
bid:
(e) It shall be one of the conditions of sale that the total sum
payable by the purchaser shall be paid to the company
within three months after the date of the auction or of
the acceptance of the tender as the case may be.
(3) Any shares or stock ;which have been so offered for sale
and are not sold may be offered at the reserve price to the holders
of ordinary [(a) and preference] shares or stock of the company
in accordance with the provisions of sections 18, 19, and 20 of
the Companies Clauses Act, 1863, and to the employees of the
company, and to the consumers of gas supplied by the company,
in such proportions as the company may think fit or to one or
more of these classes of persons only: provided, in the case of an
offer to holders of shares or stock, that if the aggregate amount
(a) Omit words in brackets where there are no preference shares or
stock.
PARLIAMENTARY DOCUMENTS.
Powers a to
and mainto-
ft
'pwertolay
prirate
of shares or stock applied for shall exceed the aggregate amount
so offered as aforesaid the same shall be allotted to and distri-
buted amongst the applicants as nearly as may be in proportion to
the amounts applied for by them respectively.
(4) Any shares or stock which have been offered for sale in
accordance with sub-section (2) or with sub-sections (2) and (3)
and are not sold, shall be again offered for sale by public auction
or by tender in accordance with the provisions of this section, and
any such shares or stock then remaining unsold may be otherwise
disposed of at such price and in such manner as the directors may
determine for the purpose of realising the best price obtainable.
(5) As soon as possible after the conclusion of the sale or sales,
the company shall send a report thereof to the Board of Trade,
stating the total amount of the [(&) respective] shares or stock
sold, the total amount obtained as premium (if any), and the
highest and lowest prices obtained for the [(&) respective] shares
or stock.
CONSTRUCTION OF WORKS.
16. Subject to the provisions of this Act, the company may
upon the lands described in the Schedule to this Act erect, main-
^ n ' a ^ ter ' i m P rove > enlarge, extend and renew or discontinue gas-
works, retorts, gasometers, receivers, mains, pipes, stop-cocks,
machinery and other works and apparatus and conveniences, and
may do all such acts as may be proper for making and storing
gas and for supplying gas within the limits of this Act, and may
on the said lands manufacture and convert all residual products
resulting from the manufacture of gas by them.
17 ( c ) The company may on the application of the owner or
occupier of any premises within the limits of this Act abutting
on or being erected in any street laid out but not dedicated to
public use, supply those premises with gas, and for that purpose
the Gas Works Clauses Act, 1847, shall apply as if section 7 of
that Act were excepted from incorporation in the Act of - .
(6) Omit word in brackets where there are no preference shares or
stock.
(c) This clause may be used in cases where sect. 7 of the Clauses Act
is incorporated in a previous Act of the company. It will be unnecessary
where there is no previous Act, or where the previous Act is being
repealed, if the Bill excepts sect. 7 from incorporation.
MODEL GAS BILL. 961
LANDS.
18. The company may for the purposes of their undertaking Power to
purchase, take and hold (by agreement but not otherwise) in land's by*
addition to the lands described in the Schedule to this Act any agreement,
lands and hereditaments not exceeding in the whole - - acres
which the company may require for the purposes of their works
and undertaking; but the company shall not create or permit a
nuisance on any such lands and no lands shall be used by the com-
pany for the purpose of manufacturing gas or residual products
except the lands described in the Schedule to this Act.
SUPPLY OF GAS.
19. The price to be charged by the company for gas supplied Limit of
by them to persons who shall burn the same by meter shall not at P nce -
any time exceed per thousand cubic feet.
Alternative (in Companies' Bills) Sliding Scale.
20. The standard price to be charged by the company for gas Dividend
supplied by them shall be per thousand cubic feet: dependent on
T> i . . price charged.
Jrrovided that the company may increase or reduce the price
charged by them for gas above or below the standard price, sub-
ject to a reduction or increase in the dividend payable by the
company on the ordinary share capital or stock as follows:
In respect of any year during any part of which the price
charged by the company shall have been one penny or part
of a penny above the standard price the dividend payable
by the company shall in respect of each penny or part of
a penny by which the standard price shall have been in-
creased be reduced below the standard rate of dividend by
five shillings on every hundred pounds of ordinary paid-
up capital with a ten per centum standard rate of divi-
dend, and by three shillings and sixpence on every one
hundred pounds of such capital ivith a seven per centum
standard rate of dividend, and so in proportion for any
fraction of one hundred pounds;
And in respect of any year during the whole of which the
price charged by the company shall have been one penny
PARLIAMENTARY DOCUMENTS.
Discount*.
Charge for
gas supplied
by means of
prepayment
meters.
or more below the standard price, the dividend payable by
the company may in respect of each penny by which the
vhuulanl price shall have been reduced, be increased above
the standard rate by five shillings on every hundred pounds
of ordinary paid-up capital with a ten per centum standard
rate, of dividend, and by three shillings and sixpence on
every one hundred pounds of such capital with a seven
per centum standard rate of dividend, and so in proportion
for any fraction of one hundred pounds.
21. (d) The company may if they think fit allow discounts or
rebates to consumers of gas in consideration of prompt payment
of gas charges not exceeding in any case ten per centum, and
in addition thereto or irrespective thereof they may if they think
fit allow discounts or rebates to large consumers not exceeding
in any case fifteen per centum: Provided that all discounts or
rebates shall be of equal amount under like circumstances to all
consumers: Provided also that notice of the effect of this enact-
ment shall be endorsed on every demand note for gas charges.
22. (1) The company may demand for any gas supplied
through a prepayment meter a not greater charge than for gas
supplied to private consumers within their limits of supply
through any other kind of meter or by any other method of
supply.
(2) The charge for the hire of any pre-paynient meter and
fittings to be used therewith shall be a sum of money calculated
according to the quantity of gas supplied through the prepayment
meter, and the maximum charge shall be at the rate of tenpence
per one thousand cubic feet supplied in manner aforesaid, such
sum to include the hire of meter and the fittings used therewith,
or at the rate of one shilling per one thousand cubic feet, if
such fittings include a cooking stove.
(3) The charge for the hire of any prepayment meter without
fittings shall be a sum of money calculated according to the
quantity of gas supplied through the prepayment meter, and the
maximum charge shall be at the rate of sixpence per one thousand
cubic feet supplied in manner aforesaid or at the rate of ten per
(d) This clause is not required where sect. 13 of the Gasworks Clauses
Act, 1847, is amended as appears in clause 1, p. 954.
MODEL GAS BILL. 963
centum per annum on the cost of the meter whichever shall be
the higher.
(4) The said charges shall include the providing, letting,
fixing, repairing and maintenance of the meters and fittings or
of the meters (as the case may be) and the cost of collection and
other costs incurred by the company in connection therewith.
(5) For the purpose of this section the expression " prepay-
ment meter " means any meter or appliance by which the
quantity of gas supplied is regulated according to the amount
of money prepaid therefor.
23. The prescribed number of candles shall not be less than Quality
fourteen.
24. For the purposes of the Gasworks Clauses Act, 1871, the Testing
prescribed testing place shall be a testing place which shall be p ce '
provided by the company on the lands described in the schedule
to this Act [or otherwise describe position] before supplying or
within three months after beginning to supply gas under the
authority of this Act.
25. .(!} The quality of the gas supplied by the company Testing
shall with respect to its illuminating power be such as to produce, q
at the testing place when burned at the rate of five cubic feet
per hour, a light equal in intensity to the light produced by
fourteen sperm candles of six to the pound, each consuming
120 grains of sperm per hour, and shall be in all respects in
accordance with the provisions of the Gasworks Clauses Act,
1871.
(2) For testing the illuminating power of the gas the burner
to be used shall be that known as the Metropolitan Argand No. 2,
the photometer shall be the Bar Photometer (or the Table Photo-
meter), the standard light shall be that supplied by Harcourt's
Ten-Candle Pentane lamp, and in making the test the burner
shall be so used as to obtain from the gas when burned at the
rate aforesaid the greatest amouint of light: provided that the
Board of Trade may on the application of the company or
the local authority ((e) the Council or any five consumers) ap-
prove the use of any other burner, photometer, or standard light
which may appear to the Board to be equally or more suitable for
the testing.
(e) Substitute these words in local authorities' Bills.
964
PARLIAMENTARY DOCUMENTS.
Pressure.
Saving aa to
penalties.
As to
construction
and placing
of pipes, &c.
between
mains
and meters.
(3) The compcmy shall before supplying or within three
months after beginning to supply gas under this Act provide all
tho apparatus required by this Act for the testing of gas and
shall at all times keep the same in proper order and repair.
26. (1) All gas supplied by the company to any consumer
of gas shall be supplied at such pressure as to balance a column
of water not less than eight-tenths of one inch in height at the
main or as near as may be to the junction therewith of the
service pipe supplying the consumer.
(2) An}' gas examiner appointed under the Gasworks Clauses
Act, 1871, may, for the purposes of this Act, subject to the
terms of his appointment, at the testing place or at any public-
lamp (/), as and when he thinks fit, test the pressure at which the
gas is supplied. The company shall afford to the examiner all
reasonable facilities for making the test.
27. No penalty shall be incurred by the company for insuffi-
ciency of pressure, defect of illuminating power, or excess of
impurity in the gas supplied by them in any case in respect of
which it is proved that suteh insufficiency, defect, or excess was
produced by any circumstances beyond the control of the company.
Provided that the want of sufficient funds shall not be held to be
a circumstance beyond the control of the company.
28. In order to enable the company bo ensure a satisfactory
supply of gas to their consumers the following provisions shall
have effect:
(1) The company may specify the si^e and material of the
pipes with the fittings thereof which are to be laid by
the consumer on his own premises, either in the first
instance or on the occasion of any renewal, between the
company's mains and the meter so far as such pipes
and fittings are intended to be covered over:
(2) The company may 'if they think fit make different speci-
fications for different classes of premises having regard
to the probable maximum consumption of gas thereon at
any one time:
(3) The specification shall be published twice in some news-
paper (once in each of two newspapers) circulating
(/) In cases where there are no public lamps, provision may be made
for testing elsewhere than at the testing place.
MODEL GAS BILL. 965
within the limits of supply, and a copy thereof shall
be kept exhibited in the office of the company :
(4) Every meter to be used in a new building, or a building
not previously supplied with gas, or in connection with
a new or substituted pipe laid by the consumer between
the main and the consumer's meter, shall be placed as
near as reasonably practicable to the company's main,
but within the outside wall of the building:
(5) When any such pipe or meter as aforesaid has been laid
or placed, notice thereof shall be given to the company
and the pipe shall not be covered over until after the
expiration of twenty -four hours from the service of such
notice on the company ; Any officer of the company
duly appointed may between nine o'clock in the morning
and five o'clock in the afternoon attend and inspect such
pipes (with their fittings) and meter, and if the officer
is not permitted to make the inspection, or if the pipes
or fittings are not according to the company's speci-
fication, or if the meter is not placed as required by
this section, the company may refuse to supply gas to
the premises until the provisions of this section have
been complied with:
(6), Any person to whom the company refuses a supply of
gas under the provisions of this section may appeal to
a petty sessional court against such refusal, and the
court may after hearing the parties and considering any
questions as to the reasonableness of the company's speci-
fication make such order as seems to them proper in
the circumstances, and may order by which of the parties
the costs of and incident to the appeal shall be paid.
29 . If any person is required by the company to give to them Company to
security for any supply of gas or for the payment of the price or
rent of a meter, and such security is made by way of deposit, deposited as
sccuritv for
the company shall pay interest after the rate of jour pounds per ga8 m eter, &c.
centum per annum on every sum of ten shillings deposited by
way of such security for every six months during which the
same remains in their hands.
30. (1) The company may purchase, sell, let for hire, fix, Power to
repair and remove, but shall not manufacture, engines, stoves,
ranges, pipes and other gas fittings for lighting, motive, heating.
966 PARLIAMENTARY DOCUMENTS.
ventilating, cooking or any other purposes, and may provide all
materials and work necessary or proper in that behalf, and with
respect thereto may demand and take such remuneration or rents
ami charges, and make such terms and conditions as may be agreed
upon.
(2) (ff) The corporation may enter into contracts for the exe-
cution of any of the powers of this section, and shall not them-
selves lay any pipes on the consumer's premises except between
tho main of the corporation and the consumer's meter, nor shall
they sell any such gas fittings as aforesaid except through a
contractor.
(3) Any fittings let for hire under the provisions of this section
shall not be subject to distress or to the landlord's remedy for
rent or be liable to be taken in execution under process of any
court or proceedings in bankruptcy against the person in whose
possession the same may be: Provided that such fittings are marked
or impressed with a sufficient mark or brand indicating the
company as the actual owners thereof.
(4) (0) Provided as follows:
(a) The corporation shall so adjust the charges to be made
by them for any such fittings, or for the fixing, repair-
ing or removal thereof as to meet any expenditure by
them under the powers of this section in connexion
therewith (including interest upon moneys borrowed
for those purposes and all sums applied to sinking
fund for repayment of moneys so borrowed):
(b) Every sum charged by the corporation in respect of the
provision of such fittings or the fixing, repairing or
removal thereof shall be separately stated on every
demand note delivered by the corporation to the con-
sumer:
(c) The total sums expended and received by the corporation
in connexion with the purposes in this section
mentioned in each year (including interest and sinking
fund) shall be separately shown in the published
accounts of the gas undertaking of the corporation for
that year,
ramers to 31 . At least twenty-four hours' notice shall be given to the
(0) Applicable to Bills of local authorities.
MODEL GAS BILL. 967
company by every gas consumer either personally at the office give notice to
of the company or in writing before he shall quit any premises before^
supplied with gas by meter by the company, and in default of rem vmg.
such notice the consumer so quitting shall be liable to pay to
the company the money accruing due in respect of such supply
up to the next usual period for ascertaining the register of the
meter on such premises, or the date from which any subsequent
occupier of such premises shall require the company to supply gas
to such premises whichever shall first occur. Notice to the effect
of this enactment shall be endorsed upon every demand note for
gas charges payable to the company .
32. If a person requiring a supply of gas from the company Power to
has previously quitted premises at which gas was supplied to persons^/
him by the company without paying to them all gas charges and debt for other
meter rent due from him to the company, they may refuse to p
furnish to him a supply of gas until he pays the same .
33. A notice to the company from a consumer for the dis- Notice to
continuance of a supply of gas shall not be of any effect unless
it be in writing signed by or on behalf of the consumer and be
left at or sent by post to the office of the company, or be given
by the consumer personally at the office of the company.
34. In the event of any meter used by a consumer of gas being Period of error
tested in manner provided by the Sale of Gas Act 1859 and m Defective
r _ meters.
being proved to register erroneously within the meaning of the
said Act, such erroneous registration shall be deemed to have
first arisen during the then last preceding quarter of the year unless
it be proved to have first arisen during the then current quarter.
The amount of 'the allowance to be made to or of the surcharge
to be made upon the consumer by the company shall be paid by
or to the company to or by the consumer as the case may be, and
shall be recoverable in the like manner as gas charges are re-
coverable by the company.
SUPPLY OUTSIDE LIMITS.
35. The company may contract with any local authority, com- Company may
pany or persons authorised to supply gas under Parliamentary ^^local
powers in any district adjacent to the company's limits of supply authority, &c.
for the supply to them respectively of gas in bulk upon such terms i n bulk,
and conditions and for such periods not exceeding in any case
96H
On failure uf
company,
other under-
takers may
apply for
powers.
PARLIAMENTARY DOCUMENTS.
seven years from the making of the contract as may be agreed
upon, but nothing in this section shall authorise the company to
lay any mains or interfere with any street beyond their limits of
supply.
FAILURE TO SUPPLY.
36. If after the expiration of five years from the passing of
this Act the company have not laid down mains for the supply
of gas in [describe district] the local authority of that district or
any company or person may apply for an Act of Parliament or
Provisional Order for the purposes of providing such a supply and
for the repeal of the powers of the company in that behalf.
SCHEDULE referred to in the foregoing Act.
[Insert description and extent of all lands on which gas and
residual products may be manufactured by the company.]
Incorporation
of Acts.
5.. MOD EL WATER BILL.
1. The following Acts (so far as the same are applicable for
the purposes and are not inconsistent with the provisions of this
Act) arc hereby incorporated with this Act (namely):
(1) The Waterworks Clauses Acts 1847 and 1863 except
(a) the words " with the consent in writing of the
owner or reputed owner of any such house or of the
agent of such owner" in Section 44 of the Waterworks
Clauses Act 1847:
(b) (&) Sections 75 to 82 of the Waterworks Clauses
Act 1847 with respect to the amount of profit to be
received by the undertakers when the waterworks are
carried on for their benefit and Section 83 relating to
accounts.
(2) The Lands Clauses Acts.
(3) .
(fe) Omit in case of a company's Bill.
MODEL WATER BILL. 969
CONSTRUCTION OF WORKS.
2. Subject to the provisions of this Act the corporation may Power to
wholly in the county of - - and in the lines and situation and
upon the lands delineated on the deposited plans and described in
the deposited book of reference make and maintain the following
works shown on the deposited plans and sections (that is to say):
(a) A reservoir &c.
(b) A conduit or line of pipes &c.
In addition to the foregoing works the corporation may upon
the said lands make and maintain all such cuts, channels, catch-
waters, tunnels, adits, pipes, conduits, culverts, drains, sluices, bye-
washes, shafts, wells, bores, water towers, overflows, waste-water
channels, gauges, filter beds, tanks, banks, walls, bridges, embank-
ments, piers, approaches, engines, machinery and appliances as
may be necessary or convenient in connection with or subsidiary to
the before-mentioned works or any or either of them, but nothing
in this section shall exonerate the corporation from any action,
indictment or other proceeding for nuisance in the event of any
nuisance being caused or permitted by them.
3 . In the construction of the works authorised by this Act Limits of
the corporation may deviate laterally to an extent not exceeding
the limits of lateral deviation shown on the deposited plans and
where on any road no such limits are shown the boundaries of such
road shall be deemed to be such limits and they may also deviate
vertically from the levels shown on the deposited sections to any
extent not exceeding in the case of the reservoir three feet upwards
and five feet downwards and in the case of other works three
feet upwards and ten feet downwards: Provided as follows (that
is to say):
The corporation shall not construct any embankment or wall
of such reservoir of a greater height above the general
surface of the ground than that shown on the deposited
sections in respect of the corresponding embankment or
wall and three feet in addition:
Except for the purposes of crossing over a stream no part of
the pipes shall be raised above the surface of the ground
unless and except so far as is shown on the deposited
sections.
970
PARLIAMENTARY DOCUMENTS.
Power to
Auto
water? 8 '
4. Subject to the provisions of this Act the corporation may
collect, impound, take, use, divert and appropriate for the purposes
of their waterworks the waters of the following streams, namely
- and all such springs, streams and waters as may be inter-
cepted by the works by this Act authorised.
5. (1) Until the date of the completion of the said reservoir
the corporation may take from the River A. any water they may
require subject to the following restrictions:
(a) They shall place a gauge weir across the said river at or
near the proposed intake through an aperture in which
- gallons of water shall be allowed to pass and flow
down the river every working day of twenty-four hours :
(b) On any such day during such time as the flow of water in
the said river shall be less than at the rate of -
gallons per day of twenty-four hours the corporation
shall not be entitled to draw any water therefrom; but
during such time as the flow is in excess of such rate
the corporation may take all or such part of the excess
as they may require.
(2) After the said reservoir is completed the following pro-
visions shall apply:
(a) The corporation shall during every working day of twenty-
four hours discharge or deliver into the River A. at a
point therein situate not more than two hundred yards
below the foot of the embankment of the reservoir not
less than gallons of water in a continuous flow:
(b) For the purpose of measuring the quantity of water to be
so discharged or delivered into the River A. the cor-
poration shall erect and maintain at a point on the said
river below the said reservoir not more than 200 yards
from the foot of the embankment thereof a proper and
suitable measuring gauge over or through which the
said compensation water shall flow, and the same shall
be open to the inspection and examination of [the
Fishery Board and of] all persons interested therein.
(3) In case of any neglect on the part of the corporation to
maintain any gauge in a state of efficiency, and in case of any
other neglect by or in consequence of which the said respective
quantities of compensation water shall not so flow, the corpora-
tion shall for every day on which such neglect occurs forfeit and
MODEL WATER BILL. 971
pay to each, of the persons affected thereby [including the said
Fishery Board] (who may sue for and recover the same) the sum
of five pounds, and shall in addition make compensation for any
loss, damage or injury sustained by such occupiers or any of them.
(4) If any difference arises between the corporation and the
Fishery Board, or any person so interested with respect to
the construction or use of any gauge or the state of repair or
condition thereof such difference shall be referred to the arbitra-
tion of an engineer to be nominated (unless otherwise agreed) on
the application of either of them by the Board of Trade.
(5) The provisions of this section shall be accepted and taken
by all persons interested as full compensation for all water of the
River A. which the corporation can divert, collect, impound or
appropriate by means of the works by this Act authorised, except
in respect of any lands situate between the foot of the said em-
bankment and the said point of disci) arge of water into the river.
6. The corporation may make and carry into effect agreements Power to
with the owners, lessees or occupiers of any lands within the amfnageof
drainage area of the reservoirs and works by this Act authorised lands, &c.
with reference to the execution by the corporation or such owners,
lessees or occupiers of such works as may be necessary for the
purpose of draining such lands or any of them, or for more effec-
tually collecting, conveying and preserving the purity of the waters
by this Act authorised to be diverted, collected and appropriated
by the corporation flowing to, upon or from such lands directly
or derivatively into such reservoirs and works.
7 . The corporation may hold any lands acquired by them under Power to hold
the powers of this Act which they may deem necessary for the protection of
purpose of protecting their waterworks against pollution, fouling waterworks,
and contamination, and so long as such necessity shall continue
such lands shall not be deemed to be superfluous lands within
the meaning of this Act or the Lands Clauses Acts respectively;
but the corporation shall not create or permit a nuisance on any
such lands, and shall not erect any buildings thereon other than
offices and dwellings for persons in their employ and such build-
ings and works as may be incident to or connected with their
water undertaking.
8. The corporation shall not construct any works for taking Limiting
or intercepting water from any lands acquired by them unless corporation
the works are authorised by and the lands upon which the same to abstract
water.
B. VOL. II. o
972
PARLIAMENTARY DOCUMENTS.
Corporation
easement*
are to bo constructed are specified in this or some other Act
of Parliament.
g ^ rpj ic cor p 0ra ti(m may in lieu of acquiring any lands
for the purposes of the works authorised by this Act, where the
gftme ftrc j nten( j e( } to b e constructed underground, acquire such
easements only in such lands as they may require for such pur-
poses and may give notice to treat in respect of such easements
describing the nature thereof, and the provisions of the Lands
Clauses Acts shall apply to and in respect of the acquisition of
such easements as fully as if the same were lands within the
meaning of those Acts.
(2) As regards any lands in respect of which the corporation
have acquired easements only under the provisions of this section
the corporation shall not be required or entitled to fence off or
sever such lands from the adjoining lands but the owners or
occupiers for the time being shall subject to such easements have
the same rights to use and cultivate the said lands at all times
as if this Act had not passed.
(3) Provided always that nothing in this section contained shall
authorise the corporation to acquire by compulsion any such ease-
ment in any case in which the owner in his particulars of claim
shall require the corporation to acquire the lands in respect of
which they have given notice to treat for the acquisition of an
easement only and every notice to treat for the acquisition of an
easement shall be endorsed with notice of this provision.
Rates for
Mij .ply of
water for
domestic
purposes.
SUPPLY OF WATER.
10. The corporation shall at the request of the owner or
occupier of any dwelling-house or part of a dwelling-house en-
titled under the provisions of this Act to demand a supply of
water for domestic purposes furnish to such owner or occupier a
sufficient supply of water for such domestic purposes at rates not
exceeding the rates per annum hereinafter specified (that is to
say):
(i) Where the rateable value of the premises so supplied with
(t) Where the rate is a percentage of the rateable value, the following
provision is inserted at the end of the clause:
" Nothing in this section shall entitle the corporation in any
MODEL WATER BILL. 973
water does not exceed pounds the sum of eight shil-
lings and eightpence:
Where such rateable value exceeds pounds and does not
exceed pounds the sum of shillings:
Where such rateable value &c. &c. &c.
The rateable value of any such premises as aforesaid shall be
-ascertained by the valuation list in force at the commencement of
the quarter for which the rate accrues or if there is no such list in
force by the last rate made for the relief of the poor: Provided
that where the water rate is chargeable on the rateable value of a
part only of any hereditament entered in the valuation list such,
rateable value shall be a fairly apportioned part of the rateable
value of the whole tenement ascertained as aforesaid, the appor-
tionment in case of dispute to be ascertained by a court of sum-
mary jurisdiction.
In addition to the foregoing charges the corporation may
charge in respect of every watercloset beyond the first (for which
no additional charge shall be made) on any premises within the
limits of this Act a sum not exceeding five shillings per annum,
and for every fixed bath capable of containing not more than
fifty gallons a sum not exceeding seven shillings and sixpence
per annum, and for every fixed bath capable of containing more
than fifty gallons such sum as the corporation may think fit,
:such additional sum to be paid quarterly in advance and to be
recoverable in all respects with and as the water rate.
11. Where a house supplied with water is let to monthly or Rates payable
weekly tenants or tenants holding for any other period less than
a quarter of a year, the owner instead of the occupier shall if
the corporation so determine pay the rate for the supply; but the
rate may be recovered from the occupier and may be deducted by
him from the rent from time to time due from him to the owner:
Provided that no greater sum shall be recovered at any one time
case to demand for the water rate for any house or part of a house
included in any division of the above scale, a greater sum than
they would be entitled to demand if the house or part thereof were
of just sufficient rent or value to bring it within the next division
of the said scale relating to premises of a higher rent or value
whereon a lower rate per centum is chargeable."
8(2)
974
PARLIAMENTARY DOCUMENTS.
C'orpuruttou
not bound
to supply
several houses
by one pipe.
Notice of dis-
continuance.
By-laws for
preventing
waste of
water.
from any such occupier than the amount of rent owing by him or
which shall have accrued due from him subsequent to the service-
upon him of a notice to pay the rate.
12. The corporation shall not be bound to supply more than
one house by means of the same communication pipe, and they
may if they think fit require that a separate pipe be laid from the
main pipe into each house supplied by them with water.
13. A notice to the corporation from a consumer for the dis-
continuance of a supply of water shall not be of any effect unless
it be in writing signed by or on behalf of the consumer and bo left
at or sent by post to the office of the corporation or be given
by the consumer personally at the office of the corporation.
14. (1) The corporation may make by-laws for the purpose
of preventing the waste, undue consumption, misuse or contamina-
tion of water and may by such by-laws prescribe the size, nature,
materials, workmanship and strength and the mode of arrange-
ment, connection, disconnection, alteration and repair of pipes,
meters, cocks, ferrules, valves, soil-pans, waterclosets, baths, cis-
terns and other apparatus (in this section referred to as " water-
fittings ") to be used, and forbid any arrangements and the use of
any water fittings which may allow or tend to waste, undue con-
sumption, misuse, erroneous measurement or contamination.
(2) Such by-laws shall apply only in the case of premises to-
which the corporation are bound to afford and do in fact afford
or are prepared on demand to afford a constant supply [(&) and
the provisions with respect to by-laws contained in sections 182
to 185 (1) of the Public Health Act 1875 shall apply to all by-
laws so made].
(3) In case of failure of any person to observe such by-laws -
as are for the time being in force the corporation may if they
think fit after twenty-four hours' notice in writing enter and by
and under the direction of their duly authorised officer repair,
replace or alter any water fittings belonging to or used by such
person and not being in accordance with the requirements of
(&) The words in brackets are not required where clause 22 (on p. 999)
is inserted in the Bill.
(Z) To 186, in case of a district council or other authority, not being a
municipal corporation. In a company's Bill, sect. 185 must be varied so
as to provide that the by-laws shall be printed and hung up in the office,.
or an office, of the company within the limits of supply.
MODEL WATER BILL.
:such by-laws, and the expense of every such repair, replacement
or alteration shall be recoverable by the corporation as the water
rates in respect of the premises are recoverable.
15. The corporation may supply water for other than domestic Supply by
purposes on such terms and conditions as the corporation think measure -
iit, and may supply water by measure either for domestic or other
purposes and the moneys payable for the supply of water under
this section shall be recoverable in the same manner as water
rates: Provided always that no person shall be entitled to a
supply of water for other than domestic purposes if such supply
would interfere with the sufficiency of the supply of water for
domestic purposes.
16. The corporation shall not be bound to supply with water Supply to
otherwise than by measure any building used by an occupier as a hou | es partly
dwelling-house whereof any part is used by the same occupier for trade, &c.
any trade or manufacturing purpose for which water is required.
17. The price to be charged for a supply of water by measure Price of
shall not exceed one, shilling per thousand gallons. measure. 7
18. The corporation may sell meters and any fittings con- Power to
jaected therewith upon and subject to such terms (pecuniary or 8I
otherwise) and conditions as they think fit.
19. Before any person connects or disconnects any meter by Notice to
means of which any of the water of the corporation is intended corporation
ot connecting
to be or has been registered he shall give not less than twenty- or disconnect-
four hours' notice in writing to the corporation of his intention m & m
to do so and all alterations or repairs and the connecting and
disconnecting of meters shall be done at his cost and under due
superintendence of any officer of or person authorised by the
corporation and any person offending against this enactment shall
for every such offence be liable to a penalty not exceeding forty
shillings.
20. Every person who wilfully, fraudulently or by culpable injuring
negligence injures or suffers to be injured any pipe, meter or meters &c -
other instrument for measuring water, or any fittings belonging.
to the corporation, or who fraudulently alters the index to any
meter or other instrument for measuring water, or prevents any
meter or other instrument for measuring water from duly regis-
tering the quantity of water supplied, or fraudulently abstracts,
consumes or uses water of the corporation, shall (without pre-
judice to any other right or remedy for the protection of the
U7tt PARLIAMENTARY DOCUMENTS.
corporation) be liable to a fine not exceeding five pounds and
the corporation may in addition thereto recover the amount of
any damage by them sustained. :
And in any case in which any person has wilfully, fraudu-
lentty or by culpable negligence injured or suffered to be injured
any pipe, meter, instrument or fittings belonging to the corpora-
tion or has fraudulently altered the index to any meter or other
instrument for measuring water or prevented the same from duly
registering the quantity of water supplied or has fraudulently
abstracted, consumed or used water of the corporation, the cor-
poration may also enter upon the premises occupied by the offender
and repair such injury and do all such works, matters and things
as may be necessary for insuring the proper registering by such
meter of the quantity of water supplied by means thereof, and
the expense of such repair and of all such works, matters and things
shall be repaid to the corporation by the person so offending and
may be recovered by them as water rates are recoverable: The
existence of artificial means for causing such injury, alteration
or prevention or for abstracting, consuming or using water of the
corporation when such pipe, meter, instrument or fittings is or
are under the custody or control of the consumer shall be prima
facie evidence that such injury, alteration, prevention, abstraction,,
consumption or use, as the case may be, has been fraudulently,
knowingly and wilfully caused by the consumer using such pipe,
meter, instrument or fittings.
wrapT* ^' (*) ^ ie corporation ma J if requested by any person sup-
fittings, plied or about to be supplied by them with water furnish to-
him and repair or alter but shall not manufacture any such pipes,.
valves, cocks, cisterns, baths, meters, soil-pans, waterclosets and
other fittings as are required or permitted by their regulations,
and may provide all materials and work necessary or proper in
that behalf and the reasonable charges of the corporation in pro-
viding such materials and executing such work shall be paid by
the person requiring the same.
(2) Any fittings let for hire under the provisions of this-
section shall not be subject to distress or to the landlord's remedy
for rent or be liable to be taken in execution under any process
of any court or any proceedings in bankruptcy against the persons
in whose possession the same may be: Provided that such fittings
have upon them respectively a distinguishing metal plate affixed
MODEL WATER BILL. 977
to a conspicuous part thereof or a distinguishing brand or other
mark conspicuously impressed or made thereon sufficiently indi-
cating the corporation as the actual owners thereof.
Provided as follows:
(a) The corporation shall so adjust the charges to be made
by them for any such fittings or for the fixing,
repairing or removal thereof as to meet any expendi-
ture by them under the powers of this section in con-
nection therewith (including interest upon any moneys
borrowed for those purposes and all sums applied to
sinking fund for repayment of moneys so borrowed:
(b) Every sum charged by the corporation in respect of pro-
vision of such fittings or the repairing, fixing or
removal thereof shall be clearly stated in every demand
note delivered by the corporation to the consumer:
(c) The total sums expended and received by the corporation
in connection with the purposes in this section men-
tioned in each year (including interest and sinking
fund) shall be separately shown in the published
accounts of the water undertaking of the corporation
for such year.
22. The corporation may, on the application of the owner or Power to
occupier of any premises within the limits of this Act abutting J^te* 58
on or being erected in any street laid out but not dedicated to streets.
public use. supply those premises with water, and for that purpose
the Waterworks Clauses Acts 1847 and 1863 shall apply as if
the street were a street within the meaning of those Acts.
23. The corporation may enter into and carry into effect agree- Contracts for
ments with any local authority, company or persons for the supply 8u Pplyi n
of water beyond the limits of this Act to any such authority, com-
pany or persons respectively in bulk for any purpose and for
such remuneration and on such terms and conditions and for such
period as may be agreed upon. Provided that such supply shall
not be given except with the consent of any company or person
supplying water under Parliamentary authority within the area
to be supplied and of the local authority of the district comprising
that area, nor if and so long as such supply would interfere with,
the supply of water for domestic purposes within the limits of this
Act. Provided also that nothing in this section shall authorise
the corporation to lay any mains beyond the limits of this Act.
978 PARLIAMENTARY DOCUMENTS.
Power to local 24. If after the expiration of five years from the passing of
to supply &C ' this Act the corporation are not furnishing or prepared on demand
water in case to f urn i 8 h a sufficient supply of water in accordance with the
' provisions of this Act throughout the district of any local autho-
rity within the limits of supply, the local authority of that district
may provide a supply in accordance with the provisions of the
Public Health Act 1875, or the local authority or any company,
body or person may apply for an Act of Parliament or Pro-
visional Order for the purpose of supplying water in any part
of such district not sufficiently supplied by the corporation and
for the repeal of the powers of the corporation in that behalf.
If any difference shall arise between the corporation and any
such local authority, company, body or person as to the sufficiency
of the supply of water in any part of such district such difference
shall be settled by an arbitrator to be appointed on the applica-
tion of either party by the (m) Local Government Board [Board
of Trade].
6. PROTECTIVE CLAUSES for GOVERNMENT DEPART-
MENTS.
Crown rights. 1. Nothing in this Act affects prejudicially any estate, right,
power, privilege or exemption of the Crown.
[Where the Bill has any relation to shore or bed of the sea,
<&c., the following words should be added: ]
And in particular nothing herein contained authorises the com-
pany to take, use or in any manner interfere with any portion of
the shore or bed of the sea or of any river, channel, creek, bay or
estuary, or any land, hereditaments, subjects or rights of what-
soever description belonging to His Majesty in right of His Crown
and under the management of the Commissioners of Woods or of
the Board of Trade respectively without the consent in writing
of the Commissioners of Woods or the Board of Trade as the
case may be on behalf of His Majesty first had and obtained for
(m) The appointment is made by the Local Government Board where
the undertakers are a local authority; by the Board of Trade where they
are a company.
PROTECTIVE CLAUSES. 979
?that purpose (which consent the said Commissioners and Board
,are hereby respectively authorised to give).
[Where the Bill has relation to property or rights of the
Crown, under the management of the Commissioners of
Woods, other than shore or bed of the sea, &c., the
following words should be substituted: ]
And in particular nothing herein contained authorises the company
to take, use or in any manner interfere with any land or hetre-
ditaments or any rights of whatsoever description belonging to
His Majesty in right of His Crown and under the management of
the Commissioners of Woods without the consent in writing
of the Commissioners of Woods on behalf of His Majesty first
had and obtained for that purpose (which consent the said Com-
missioners are hereby authorised to give).
2. Subject to the provisions of this Act any of the works autho- Works below
rised by this Act to be constructed on, over or under tidal lands ^ark tcTbe
below high-water mark of ordinary spring tides shall be con- subject to
structed only in accordance with such plans and sections and Board of
subject to such restrictions and regulations as previous to such Trade,
works being commenced have been approved by the Board of
Trade in writing under the hand of one of the Secretaries or
Assistant Secretaries of the Board of Trade.
Any alteration or extension of any such works shall be subject
to the like approval.
If any such work be commenced or completed contrary to the
provisions of this section the Board of Trade may abate and
remove the same and restore the site thereof to its former con-
dition at the cost of the company and the amount of such cost
shall bo a debt due from the company to the Crown and shall be
recoverable as a Crown debt or summarily.
3 . If at any time the Board of Trade deems it expedient for Survey of
the purposes of this Act to order a survey and examination of a Board of
work constructed by the company on, in, over, through or across Trade,
tidal lands or tidal water or of the intended site of any such
work, the company shall defray the expense of the survey and
examination and the amount thereof shall be a debt due from
the company to the Crown and be recoverable as a Crown debt
or summarily.
4. If a work constructed by the company on, in, over, through Abatement
of work
980
PARLIAMENTARY DOCUMENTS.
abandoned
or decayed.
Aooesato
and from
shore, fee.
Lights on
works daring
construction.
Permanent
lights on
works.
Provision
against
danger to
navigation.
or across tidal lands or a tidal water is abandoned or suffered to-
fall into decay the Board of Trade may abate and remove the work
or any part of it and restore the site thereof to its former con-
dition at the expense of the company and the amount of such
expense shall be a debt due from the company to the Crown and be
recoverable as a Crown debt or summarily.
5. During the construction of the railway by this Act autho-
rised on or near the foreshore [describing it] and also at all times
after completion thereof the company shall make and permanently
maintain at their own expense and to the satisfaction of the
Board of Trade for the free use of the public such footways
iuul carriageways over, under or across the railway as the Board
of Trade may from time to time direct or approve and shall also
niiikc and permanently maintain at the like expense and to the
lik<- satisfaction on the seaward side of the embankments of the
railway such boat slips or other facilities for boats and for pas-
sengers landing therefrom or embarking thereon as the Board
of Trade may from time to time direct or approve.
6. The company shall at or near the works below high-water
mark hereby authorised during the whole time of the construct-
ing, altering or extending the same exhibit and keep burning at
their own expense every night from sunset to sunrise such lights
(if any) and take such other steps for the prevention of danger to
navigation as the Board of Trade from time to time require or
approve. If the company fail to comply in any respect with the
provisions of this section they shall for each day in which they so
fail be liable to a penalty not exceeding twenty pounds.
7. The company shall at the outer extremity of their works,
below high water exhibit and keep burning from sunset to sunrise
such lights (if any) and take such other steps for the prevention
of danger to navigation as the [General Light House Authority']
shall from time to time direct. If the company fail to comply in
any respect with the provisions of this section they shall for each
day in which they so fail be liable to a penalty not exceeding
twenty pounds.
8. In case of injury to or destruction or decay of the pier
<>r works or any part thereof the company shall lay down such
buoys, exhibit, such lights or take such other means for preventing
so far as may be danger to navigation as shall from time to time-
be directed by the [General Light House Authority} and shall
MISCELLANEOUS. 981
apply to [tjiat authority] for directions as to the means to be taken,
and the company shall be liable to a penalty not exceeding ten
pounds for every calendar month during which they omit so to
apply or refuse or neglect to obey any direction given in reference
to the means to be taken.
9 . The company shall at all times keep at the outer extremity Life-buoy*
of the piers and at reasonable distances along such piers and in t 01 * 1 "'? 4 -
accordance with any requirements which may be made by the
Board of Trade a sufficient number of life-buoys and lines in good
order and fit and ready for use.
10. Notwithstanding anything contained in this Act any Cables, pipes
cables, pipes or wires to be laid or placed by the company under or across*
or across any tidal water shall be laid or placed at such depth tidal waters,
under or such height over the tidal water as the Board of Trade
may require.
7. MISCELLANEOUS.
1. RECITAL OF ESTIMATES.
[Where by the Bill the exercise of the borrowing powers is
not made subject to the approval of a Government
Department, a recital to the folloiving effect is to be
inserted in the preamble.]
And whereas estimates have been prepared by the corporation
[council, commissioners] for the purchase of land for and the
execution of the various works by this Act authorised and such
estimates are as follows:
For waterworks .....
For
For
And whereas the several works included in such estimates
respectively are permanent works and it is expedient that the
cost thereof should be spread over a term of years.
2. RECITAL UNDER BOROUGH FUNDS ACTS, 1872 AND 1903.
[When it is intended that the expense of promoting any Bill
shall be paid or charged: under the Borough Funds Acts,
982 PARLIAMENTARY DOCUMENTS.
1872 and 1903, the Bill as introduced into Parliament
must contain recitals to the -following effect, the neces-
sary alterations being made ivhen the Bill is promoted
by a local authority other than a municipal corpora-
tion.']
And whereas an absolute majority of the whole number of the
council at a meeting held on the day of after ten clear
days' notice by public advertisement of such meeting and of the
purpose thereof in the a local newspaper published and cir-
culating in the borough, such notice being in addition to the
ordinary notices required for summoning such meeting, resolved
that the expense in relation to promoting the Bill for this Act
should be charged on the borough fund and borough rate :
And whereas the said resolution was published twice in the
- a newspaper published and circulating in the borough and
has received the approval of the Local Government Board :
And whereas the propriety of the promotion of the Bill for
this Act was confirmed by an absolute majority of the whole
number of the council at a further special meeting held in pur-
suance of a similar notice on the day of being not less
than fourteen days after the deposit of the Bill in Parliament:
And whereas in relation to the promotion of the Bill for this
Act the requirements contained in the First Schedule to the
Borough Funds Act 1903 have been observed.
3. CONFIRMATION OF AGREEMENT.
(1) The agreement made the - - day of - - 1912 between
confirmed. the of the one part and the - - of the other part set forth
in the - - schedule to this Act is hereby confirmed and made
binding on the parties thereto.
[Where the agreement as confirmed differs from the agree-
ment made between the parties the confirmation clause
must be in the folloiving form.']
(2) The terms of agreement set forth in the Schedule to this
Act are hereby confirmed and made binding upon [insert the
names of the parties'] as if the same were contained in an agree-
ment duly entered into by those parties and confirmed by Act
of Parliament and the agreement dated the day of j
and made between the same parties is hereby declared to be null
MISCELLANEOUS. 98$
and void so far as the same differs from the terms of agreement
hereby confirmed.
[In every case the agreement must, in accordance with Stand-
ing Order 104, contain a clause to the folloiving effect.']
This agreement is made subject to such alterations as Parlia-i
ment may think fit to make therein but in the event of either
House of Parliament making any material alteration therein
either party may withdraw from the agreement.
4. PRIORITY OF MORTGAGES.
(This clause is applicable in the case of nearly all Bills by which
money is authorised to be raised on the security of land or
works, except Railway Bills, in which it is unnecessary.}
All money [raised or] to be raised by the company on mort- Priority of
gage or debenture stock under the provisions of [any former Act
relating to the company or under] this Act shall have priority stock over
against the company and the property from time to time of the
company over all other claims on account of any debts incurred
or engagements entered into by them after the passing of this
Act : Provided always that this priority shall not affect any claim
against the company or their property in respect of any rent-
charge granted or to be granted by them in pursuance of the
Lands Clauses Acts, or in respect of any rent or sum reserved
by or payable under any lease granted or made to the company
which is entitled to rank in priority to or pari passu with the
interest on their mortgages or debenture stock [nor shall anything
in this section contained affect any claim for land taken, used
or occupied by the company for the purposes of the company's
undertaking and works or injuriously affected by the construc-
tion thereof or by the exercise of any powers conferred on the
company'].
[The last words in brackets may be omitted when there are
no compulsory powers to take or enter upon land.'}
5. As TO DIRECTORS OF COMPANIES.
1. Notwithstanding anything in the Companies Clauses Con- As to quail
solidation Act 1845 no person shall be disqualified from being directors.
a director of the company by reason of his holding any office
PARLIAMENTARY DOCUMENTS.
Continuing
directors.
Notice of
candidature
for office of
director.
As to appoint-
ment <>f
managing
director.
or place of trust or profit under the company or by reason of
his being interested in any contract with the company nor shall
any director be required to cease from voting or acting as a
director by reason of his accepting any such office or place of
trust or profit or becoming interested in any such contract Pro-
vided that in the case of his being or becoming interested in any
contract with the company, whether such interest shall arise before
or after his appointment as a director, the nature of his interest
in the contract shall be disclosed by him at the meeting of the
directors at which the contract is determined on if his interest
then exists or in any other case at the first meeting of the directors
aft or the acquisition of his interest or after his appointment and
also in the next annual report of the company and that no director
shall as a director vote in respect of any such contract and if he
does so vote his vote shall not be counted, but this prohibition
.<hall not apply to any contract by or on behalf of the company
to give to the directors or any of them any security by way of
indemnity.
2. The continuing directors may act notwithstanding any
vacancy in their body but so that if at any time the number of
directors of the company holding office shall be less than the
minimum number prescribed by this Act the directors shall not
except for the purpose of filling vacancies and allotting shares to
any proposed director or directors act so long as the number
is below such minimum.
3. Except in the case of a director retiring by rotation and
oik-ring himself or being proposed for re-election no person shall
bo capable of being elected a director of the company in place
cither of a director retiring by rotation or of a director dying,
refusing to act or ceasing to be qualified or being disqualified
to act unless notice in writing that such parson intends to offer
himself or will be proposed for the office of director shall have
been given to the secretary of the company or left at the office
of the company fourteen days at least before the day of election.
4. (1) The directors of the company may appoint one or
more of their body to be managing director or managing directors
of the company either for a fixed term or without any limitation
as to time and may remove or dismiss him or them from office
and appoint another or others in his or their place or places.
(2) A managing director shall not while holding that office be
MISCELLANEOUS. 985
subject to retirement by rotation and shall not be taken into
account in determining the rotation of retirement of directors
but if he ceases to hold the office of director from any other
cause ho shall ipso facto immediately cease to be a managing
director.
(3) The remuneration of a managing director shall from time
to time be fixed by the directors and may be by way of salary
or commission or participation in profits or by any or all of
those modes.
(4) The directors may entrust to and confer upon any manag-
ing director such of the powers exerciseable by the directors and
subject to such conditions as they may think fit and may from
time to time revoke, withdraw, alter or vary all or some of such
powers. Provided that the directors shall be responsible for the
acts of any managing director acting under the powers of this
section.
6. COMPANY MEETINGS.
1. Notwithstanding anything in the Companies Clauses Con- Astoappoint-
solidation Act 1845 the attorney of any shareholder duly autho- Doxies,
rised in writing may appoint a proxy to vote for and on behalf
of the shareholder and for that purpose may execute on behalf
of the shareholder the necessary form of proxy. Provided that
the instrument appointing the attorney shall be transmitted to
the secretary of the company at the same time as the instru-
ment appointing the proxy.
2. Notwithstanding anything contained in the Companies Joint holders.
Clauses Consolidation Act 1845, where several persons are jointly
entitled to and registered as holders of any share, any one of
those persons may vote at any meeting either personally or by
proxy in respect of the share as if he were solely entitled thereto,
but if more than one of the joint holders be present at any meet-
ing personally or by proxy that one of the said persons so present
whose name stands first on the register in respect of the share
shall alone be entitled to vote in respect thereof. Several execu-
tors or administrators of a deceased member in whose name any
share stands shall for the purposes of this section be deemed
joint holders thereof.
986 PARLIAMENTARY DOCUMENTS.
7. REMOVAL OF HUMAN REMAINS.
(1) If and when the () corporation shall acquire the burial
ground of - - they shall before applying or using any part
thereof for any of the purposes of this Act remove or cause to be
removed the remains of all deceased persons interred in the said
burial ground.
[(o) Provided that a Secretary of State on the application of
the corporation and on being satisfied that such removal is not
necessary or desirable may dispense with all or any of the require-
ments of this section on such conditions (if any} as lie thinks
/.]
(2) Before proceeding to remove any such remains the cor-
poration shall publish a notice for three successive days in two-
local newspapers circulating in the borough to the effect that it is
intended to remove such remains and such notice shall have em-
bodied in it the substance of sub-sections (3) (4) (5) (6) and (7)
of this section.
(3) Any time within two months after the first publication
of such notice any person who is an heir, executor, administrator
or relative of any deceased person whose remains are interred
in the said burial ground may give notice in writing to the
corporation of his intention to undertake the removal of such
remains, and thereupon he shall be at liberty [(p) without any
faculty for the purpose but subject as hereinafter mentioned to>
any regulations made by the Bishop of the diocese of ] to
cause such remains to be removed to and re-interred in any
[(p) consecrated] burial ground or cemetery in which burials may
legally take place.
(4) If any person giving such notice as aforesaid shall fail to
satisfy the corporation that he is such heir, executor, administrator
or relative as he claims to be the question shall be determined
on the application of either party in a summary manner by the-
(n) Or " company," or as the case may be.
(o) This proviso is to be added only in cases where the works to be
carried out are such as not to involve the disturbance of remains.
(p) In the case of a Nonconformist or Eoman Catholic burial ground
omit words in brackets.
MISCELLANEOUS. 987
registrar [(#) of the consistory court of the diocese of ], who
shall have power to make an order specifying who shall remove
the remains.
(5) The expense of such removal and re-interment (not exceed-
ing in respect of remains removed from any one grave the sum
of ten pounds) shall be defrayed by the corporation, such sum
to be apportioned if necessary equally according to the number of
remains in the grave.
(6) If within the aforesaid period of two months no such notice
as aforesaid shall have been given to the corporation in respect of
the remains in any grave or if after such notice has been given
the persons giving the same shall fail to comply with the pro-
visions of this section [(r) and with any regulation of the Bishop],
the corporation may [($) without any faculty for that purpose]
remove the remains of the deceased person and cause them to be
interred, in such other [(s) consecrated] burial ground or cemetery
in which burials may legally take place as the corporation think
suitable for the purpose [(s) subject to the consent of the Bishop].
(7) All monuments and tombstones relating to the remains of
any deceased person removed under this section shall at the expense
of the corporation be removed and re-erected at the place of re-
interment of such remains or at such place within the borough as
the [Bishop ()] may direct 'on the application (if any) of such
heir, executor, administrator or relative as aforesaid or failing such
application on the application of the corporation.
(8) The removal of the remains of any deceased person under
this section shall be carried out under the supervision and to the
satisfaction of the medical officer of health of the borough.
8. SALE or PLANT OUTSIDE DISTRICT (WATER AND GAS).
If at any time after the passing of this Act any local authority
whose district is beyond the district of the council, but as to the
(q) In the case of a Nonconformist or Eoman Catholic burial ground,
substitute " of . . . County Court."
(r) In the case of a Nonconformist or Eoman Catholic burial, omit
words in brackets.
(s) In the case of a Nonconformist or Eoman Catholic burial ground,
omit words in brackets.
(t) In the case of a Nonconformist or Eoman Catholic burial ground,
substitute " the registrar of the . . . County Court."
B. VOL. II. 9
988 PAKl.IAMKNTAKY DOCUMENTS.
whole or any part thereof within their limits for the supply of
water [gas], shall give not less than six months' notice in writing
to the council of their desire to purchase such portion of the water-
works [gasworks] and plant of the council as is contained within
the district of any such local authority, and shall obtain the
consent of the Local Government Board to such purchase, and shall
apply to Parliament or the Local Government Board for power to
purchase such portion of the waterworks [gasworks] and plant
of the council (except the reservoirs, mains and pipes or other
apparatus which shall be necessary for supplying with water [gas]
any other part of the limits of the council for the supply of water
[gas]) and to supply water [gas] within such district, then it shall
not be lawful for the council to oppose such application (except as
to the details thereof), and if such powers of purchase and supply
bo granted, the council shall sell and such local authority shall
purchase the portion of the waterworks [gasworks] and plant of
the council (except as aforesaid) within the district of such local
authority at such price being a sum in gross and upon such terms
and conditions as shall be fixed in default of agreement by arbi-
tration under the provisions of the Lands Clauses Acts. Any
such purchase shall be deemed to be a purpose of the Public
Health Act 1875 except so far as may be otherwise provided
for by Parliament. The council shall apply the proceeds of cut if
wle under this section in the sam<e manner as they are required to
apply money received from sales of land under this Act. Provided
that after the completion of such purchase all obligations on the
part of the council to supply water [gas] within the district of
the purchasing authority shall cease and determine.
9. TRANSFER OF COMPANY'S UNDERTAKING TO A LOCAL
AUTHORITY (SAVING).
Saving clause. Nothing in this Act contained shall be deemed to transfer
any powers that may be vested in the company under the -
Act [or memorandum or articles of association] with reference to
the manufacture of any (u) carriages, trucks, harness, engines,
machinery, apparatus, steam, cable, electric or other plant,
() For variations in case of gasworks, see p. 965; waterworks, p, 976;
electrical undertakings, next clause.
MISCELLANEOUS. 989
appliances and conveniences required for the working or user of
the tramways.
10. ELECTRICAL FITTINGS (LOCAL AUTHORITY).
(1) The corporation may subject to the provisions of this section Electrical
sell, let for hire and lix, repair and remove but shall not manufac- fittln 8 -
ture lamps, meters, electric lines, fuses, switches, lampholders,
-motors .and other electrical fittings for lighting, motive or other
purposes and may provide all materials and work necessary or
proper in that behalf and with respect thereto may make such
charges and subject to such terms and conditions as may be agreed
upon.
(2) The corporation shall not themselves execute the wiring
of private property except between the main of the corporation and
the consumer's meter but they may enter into contracts for the
execution of any of the powers of this section, including the wiring
of private property, provided that the contractor acts independently
of the corporation in the execution of the contract. The corpora-
tion shall not sell any such electrical fittings except through
& contractor carrying on his business independently of the
corporation.
(3) Any electrical fittings let for hire under the provisions of
this section shall not be subject to distress or to the landlord'.s
remedy for rent or liable to be taken in execution u rider process
of law or proceedings in bankruptcy against the person in whose
possession the same may be : Provided that such fittings are marked
or impressed with a sufficient mark or brand indicating the cor-
poration as the actual owners thereof.
(4) Provided as follows:
(a) The corporation shall so adjust the charges to be made
by them for any such fittings or for the fixing, repair-
ing or removal thereof as to meet the sum properly
chargeable for the costs and expenses incurred by them
under the powers of this section in connection there-
with (including interest upon moneys borrowed for
those purposes and all sums applied to sinking fund
for repayment of moneys so borrowed).
(b) The sums properly chargeable and received by the cor-
poration in connection with the purposes in this section
mentioned in each year (including interest and sinking
9 f
990
PARLIAMENTARY DOCUMENTS.
fund) shall be separately shown in the published
accounts of the electricity undertaking of the cor-
poration for that year.
(c) Every sum charged by the corpomtion to a consumer
in respect of the provision of such fittings or the fixing,
repairing or removal thereof shall be separately stated
on every demand note delivered by the corporation
to the consumer.
Power to
provide and
run motor
omnibusex.
11. MOTOR OMNIBUSES (LOCAL AUTHOEITY).
(1) The corporation may provide (but shall not manufacture)
motor omnibuses and may run the same within the borough, de-
manding and taking such reasonable fares and charges for the
conveyance of passengers therein as may be approved by the Board
of Trade.
(2) The corporation may purchase by agreement, take on lease
and hold lands and buildings and may erect on any lands acquired
by them omnibus carriage and motor houses, buildings and sheds
and may provide such plant, appliances and conveniences as may
be requisite or expedient for the establishment, running and equip-
ment of such motor omnibuses; but the corporation shall not
create or permit any nuisance on any such lands .
(3) The corporation may make by-laws for regulating the
travelling and for the prevention of nuisances in their motor
omnibuses: Provided that any such by-law shall be made subject
and according to 'the provisions of the Tramways Act 1870 with
respect to the making of by-laws.
(4) Every motor omnibus moved by electrical power shall be
so equipped and worked as to prevent any interference with tele-
graphic communication by means of any telegraphs of the Post-
master-General.
(5) All provisions of the Conveyance of Mails Act 1893 relating
to the conveyance of mails on tramways shall apply and have
effect in relation to the motor omnibuses provided under this
section as if such omnibuses wore carriages on tramways authorised
after the first day of January one thousand eight hundred and
ninety-three.
(6) In this section the expression " motor omnibuses " moans
any stag? carriage moved by mechanical power including in that
MISCELLANEOUS. 991
expression steam, electrical and every other motive power not being
animal power.
12. MOTOR OMNIBUSES (RAILWAY COMPANY).
Where the company work or use any motor omnibuses on Conveyance
regular or periodical services in connection with or in extension motor 1 omm-
of their railway system the following provisions shall apply (that buses -
is to say):
(1) The company shall convey by any such omnibus all such
mails (with the officers of the Post Office in charge thereof) as
may be tendered by the Postmaster-General for conveyance by
such omnibus and shall receive and deliver such mails from or
to any Post Office or officer of the Post Office on the route of such
omnibus:
Provided as follows:
(a) If the omnibus is intended to convey passengers only
without luggage the company shall not be bound to
convey Post Office parcels;
(b) If the omnibus is intended to convey passengers and
their luggage but 'not goods or parcels the company
shall not be bound to convey Post Office parcels which
in the aggregate exceed the limits of weight or size
from time to time prescribed by the company for
the luggage of an ordinary passenger;
(c) If the omnibus is intended to convey passengers and their
luggage and parcels but not goods the company shall
not be bound to convey Post Office parcels exceeding
in the aggregate such limits of weight and size as may
be agreed between the company and the Postmaster-
General or in default of agreement settled by arbi-
tration ;
(d) Except where the omnibus is in charge of a guard (other
than the driver) and except in the case of an omnibus
carrying goods the company shall not be bound to
convey any mails unless they are in charge of an
officer of the Post Office:
(2) The remuneration for any services performed in pursuance
of this section shall be such as may be from time to time deter-
mined by agreement between the Postmaster-General and the
PARLIAMENTARY DOCUMENTS.
As to
jreneratinv'
company or in default of agreement by the Railway and Canal
Commission and any question to be settled by arbitration under
this section shall be determined by the said Commission, who in
all proceedings relating to any matter of difference referred to-
them under this section shall have the same powers as if it had
been a matter referred to them in pursuance of the Railway and
Canal Traffic Act's 1873 and 1888 or any Act amending the
same:
(3) The expression "motor omnibus" means any carriage
running -on a road moved by steam, electrical or other mechanical
power, the expression " mails " has the same meaning as in the
Regulation of Railways Act 1873 and the expression " Post Office
parcel" means a 'parcel as defined by the Post Office (Parcels)
Act 1882.
13. GENERATING STATIONS- (a?)--
The company shall not erect any generating station or take
a supply of energy from any generating station unless the site
for such generating station is specified in an Act of Parliament or
in an Order confirmed by or having the effect of an Act of
Parliament. Provided always that this section shall not apply to
any sub-station for the transformation and distribution of elec-
trical power.
Accommoda-
tion for work-
men employed
on construc-
tion i if works.
14. ACCOMMODATION OF WORKMEN EMPLOYED ON AUTHORISED
WORKS (/) .
(1) The 'Board shall erect, fit up and maintain or provide:
(a) Such huts or buildings for the accommodation of the
workmen emploj^ed in and about the construction of
the works authorised by this Act:
(b) Such hospital accommodation for the treatment of cases
of sickness or accident among such workmen, in-
cluding accommodation for dealing with infectious
diseases.
(x) See also Electric Lighting Act, 1909, c. 34, s. 2.
(y) In pursuance of H. L. Standing Order lllA (H. 0. 184A), a clause
in this form may be required by the committee where the works authorised
are outside the county of London or any municipal borough.
MISCELLANEOUS. 99$
as shall be reasonably necessary having regard to the accommo-
dation available in the neighbourhood of or conveniently accessible
from the said works, and shall provide and maintain proper and
sufficient sanitary accommodation in connexion with every such
building and hospital.
(2) The Board shall pay all reasonable costs and expenses in-
curred in respect of the medical and surgical treatment of any
workman employed on the construction of the said works who is
treated in any hospital accommodation provided by them, except
in so far as such costs and expenses are payable under the pro-
visions of the National Insurance Act 1911, or otherwise.
(3) The Medical Officer of Health of the County Council [and
the Medical Officer of Health and Inspector of Nuisances of the
District Council of ] shall be entitled at any time to enter
into and inspect and examine any accommodation afforded under
this section in order to ascertain whether overcrowding exists
therein, and whether proper and sufficient sanitary arrangements
arc provided.
(4) The Board shall give [every] such officer all facilities and
information which he requires for the purpose of the performance
of his duties, including the right to enter upon the said works,
and any person obstructing such officer in the performance of his
duty under this section shall be liable on summary conviction to
a fine not exceeding forty shillings.
(5) If at any 'time it appears to the County Council that the
Board have failed to afford or maintain accommodation in accor-
dance with sub-section (1) of this section the Board shall afford
and maintain such accommodation as the County Council may
require. Provided that if within fourteen days after the receipt of
notice of any requirement of the County Council under this sub-
section the Board give notice to the County Council that they
dispute the reasonableness of any such requirement, the difference
shall be determined by the Local Government ^Board on the ap-
plication of either of the parties to the difference, and the Local
Government Board may make such requirements (if any) in
variation of the requirements of the County Council as they may
think fit.
(6) If the Board fail to afford and maintain accommodation
in accordance with the provisions of this section they shall be '
1*94 PARLIAMENTARY DOCUMENTS.
liable on summary conviction to a penalty not exceeding twenty
pounds and to a further daily penalty not exceeding five pounds
for every day on which the offence is continued after conviction
and such penalties may be recovered by the County Council.
(7) Any expenses incurred by the County Council in carrying
out the provisions of this section shall be repaid to the County
Council by the Board and shall be recoverable as a debt due
from the Board to the County Council.
(8) The Board shall pay to the Local Government Board any
expenses incurred by that Board under this section, including a
sum not exceeding three guineas a day for the services of any in-
spector in connexion with any local inquiry or investigation which
they may consider necessary in the exercise of their powers under
sub-section (5) of this section and the expenses of any witnesses
summoned by the inspector.
15. STATUTORY BORROWING POWER (DEFINITION).
" Statutory borrowing power " means any power, whether or
not coupled with a duty, of borrowing or continuing on loan or
re-borrowing money or of redeeming or paying off or creating or
continuing payment of or in respect of any annuity, rentcharge,
rent or other security representing or granted in lieu of considera-
tion money for the time being existing under any Act of
Parliament, public or local, passed or to be passed or under any
Provisional Order confirmed by Act of Parliament passed or to
be passed or under any order or sanction of any Government
Department made or given or to be made or given by authority of
any Act of Parliament passed or to be passed.
16. STATUTORY SECURITY (DEFINITION).
"Statutory security" means any security in which trustees
are for the time being by or under any Act of Parliament passed
or to be passed authorised to invest trust money and any mortgage,
bond, debenture, debenture stock, stock or other security authorised
by or under any Act of Parliament passed or to be passed of any
county council or municipal corporation or other local authority
as defined by sect. 34 of the Local Loans Act 1875 but does not
include annuities, rentcharges or securities transferable by delivery
or any securities of the corporation.
MISCELLANEOUS.
995
17. POWER TO RE-BORROW (LOCAL AUTHORITY) (2).
(1) The corporation shall have power
(a) to borrow foi % the purpose of paying off any moneys
previously borrowed under this Act [any statutory
borrowing power] which are intended to be forth-
with repaid; or
(b) to borrow in order to replace moneys which during the
previous twelve months have been'temporarily applied
from other funds of the corporaticm in repaying
moneys previously borrowed under this Act [any
statutory borrowing power] and which at the time of
such repayment it was intended to replace by borrowed
moneys.
(2) Any .moneys borrowed under this section shall for the
purposes of repayment be deemed to form part of the original
loan and shall be repaid within that portion of the prescribed
period [period prescribed for the repayment of that loan] which
remains imexpired, and the provisions which are for the time
being applicable to the original loan shall apply to the moneys
borrowed under this section.
(3) The corporation shall not have power to borrow for the
purpose of making any payment to a sinking fund or of paying
any instalment or making any annual payment which has or may
become due in respect of borrowed moneys.
(4) The corporation shall not have power to borrow in order
to replace any moneys previously borrowed which have been
repaid
(a) by instalments or annual payments; or
(b) by means of a sinking fund; or
(o) out of moneys derived from the sale of land ; or
(d) out of any capital moneys properly applicable to the purpose
of the repayment other tha'n moneys borrowed for that
purpose.
Power to
re-borrow.
(z) The words in italics may be substituted where the clause is intended
to apply to loans under any other statutory borrowing power as well as
to loans authorised by the Bill.
996
PARLIAMENTARY DOCUMENTS.
Return to
Local
Goyernmeiit
Board aa to
repayment
of debt.
18. RETURN TO LOCAL GOVERNMENT BOARD WITH RESPECT TO-
REPAYMENT OF DEBT.
[A clause to the following effect is to be inserted in all Bills
by which any local authority is authorised to borrow
money and provision is made for repayment of debt.]
(1) The town clerk shall, within twenty -one days after the
thirty-first day of March in each year, if during the twelve months
next preceding the said thirty-first day of March any sum is.
required to be paid as an instalment or annual payment or to be
appropriated or to be paid to a sinking fund in pursuance of the
provisions of this Act or in respect of any money raised thereunder,
and at any other time when the Local Government Board may
require such a return to be made, transmit to the Local Government
Board a return in such form as may be prescribed by that Board,,
and if required by that Board, verified by statutory declaration of
the town clerk, showing for the year next preceding the making
of such return or for such other period as the Board may prescribe
the amounts which have been paid as instalments or annual pay-
ments, and the amounts which have been appropriated, and the
amounts which have been paid to or invested or applied for the-
purpose of the sinking fund, and the description of the securities
upon which any investment has been made, and the purposes to
which any portion of the sinking fund or investment or of the
sums accumulated by way of compound interest has been applied
during the same period, and the total amount (if any) remaining
invested at the end of the year; and in the event of his failing to
make such return the town clerk shall for each offence be liable
to a penalty not exceeding twenty pounds to be recovered by action
OIL behalf of the Crown in the High Court, and notwithstanding the
recovery of such penalty the making of the return shall be en-
forceable by writ of mandamus to be obtained by the Local
Government Board out of the High Court.
(2) If it appears to the Local Government Board by that return
or otherwise that the corporation have failed to pay any instalment
or annual payment required to be paid or to appropriate any sum
required to be appropriated or to set apart any sum required for
any sinking fund (whether such instalment or annual payment
or sum is required by this Act or by the Local Government Board
MISCELLANEOUS.
iii virtue thereof to be paid, appropriated or set apart), or have
applied any portion of : a"ny sinking fund to any purpose other than
t hose authorised, the Local Government Board may by order direct
that the sum in such order mentioned not exceeding 1 double the
amount in respect of which default has been made shall be paid or
applied as in such order mentioned, and any such order shall be
enforceable by writ of mandamus to be obtained by the Local
Government Board out of the High Court.
19. AUDIT OF ACCOUNTS.
(1 ) Of borough under special Act (a) .
The provisions of the Municipal Corporations Acts relating to Audit of
the keeping and auditing of accounts and the accounts kept of sums
of money received and paid under those Acts shall extend to the
keeping and auditing of accounts and to the accounts kept of sums
of money received and paid under this Act.
(2) Of borough by District Auditors (a) .
(1) From and after the day of - sects. 25, 26 and 27 of Audit of
the Municipal Corporations Act 1882 and sect. 246 of the account "
Public Health Act 1875 shall cease to apply to any accounts of
the corporation or of the treasurer of the borough or of the officers
of the corporation and all accounts of the corporation and of the
treasurer and the officers of the corporation under any public
or private Act of Parliament or otherwise relating to matters
dealt with by the corporation in any capacity and including the
accounts of any joint committee and of the officers of any joint
(a) Many municipal corporations under statutory powers, and others
without special powers, employ professional accountants in addition to
the auditors appointed under the Municipal Corporations Act, 1882. The
accounts of the following corporations are audited by the district auditors
of the Local Government Board: Tunbridge Wells (1890), Bournemouth
(1892), Southend-on-Sea (1895), Plymouth (1904), Swindon (1904),
Merthyr Tydvil (1905), Cheltenham (1905), Poole (1905), Chelmsford
(1907), Monmouth (1908), East Ham (1908), Margate (1908), Shrews-
bury (1909), Southampton (1910), Hastings (1911), Warrington (1911),
Lancaster (1911), Christchurch (1911), Newcastle-under-Lyme (1912),
Barnsley (1912). The corporation of Folkestone, by their Act of 1901,
have power to adopt audit by a district auditor on resolution of the council .
998 PARLIAMENTARY DOCUMENTS.
committee appointed by the corporation with the council of any
county borough or district or any parish council shall be audited
by a district auditor appointed by the Local Government Board
in like manner as accounts of an urban authority and their officers
are audited under sects. 247 and 250 of the Public Health Act
1875, and those sections and all enactments amending them or
applying to audit by district auditors, including the enactments
imposing penalties and providing for the recovery of sums as well
as all enactments relating to matters incidental to or consequential
upon any such accounts or audit, shall apply in like manner as if
so far as they relate to an audit of the accounts of an urban
authority and the officers of that authority they were herein re-
enacted with the necessary modifications, and accordingly all
burgesses of the borough and all ratepayers and owners of property
in the borough shall have the like rights and there shall be t!he
same appeal as in the case of that audit: Provided that for the
purposes of this section the First Schedule to the District Auditors
Act 1897 shall be modified in the manner described in the Second
Schedule to the Local Government Act 1888.
(2) Nothing in sub-section (1} of this section shall apply to
the audit of the accounts of the corporation for the financial year
ending the 31st day of March 19 .
(3) The corporation may out of the borough fund
(a) Pay reasonable subscriptions whethar annually or other-
wise to the funds of any association of municipal
corporations or other local authorities or their officers
formed for the purpose of consultation as to their
common interests and the discussion of matters re-
lating to local government and any reasonable ex-
penses of the attendance of any members or officers
of the corporation not exceeding in any case jour at
conferences or meetings of the said associations or
any of them and of purchasing reports of the pro-
ceedings of any such conferences or meetings; and
(b) Pay the reasonable expenses of the corporation in pro-
viding public entertainments on the occasion of public
ceremony or rejoicing and in the reception and enter-
tainment of distinguished persons residing in or
visiting the borough.
MISCELLANEOUS. 999
(3) Of Joint Board.
The provisions of sect. 58 of the Local Government Act 1894 Audit of
shall apply to the accounts of the Board and of their committees
and officers and to the audit thereof. And the accounts of the
Board shall be made up yearly to the thirty -first day of March in
each year.
20. APPEAL TO QUARTER SESSIONS.
Any person deeming himself aggrieved by any order, judgment, As to appeal,
determination or requirement or the withholding of any certificate,
licence or consent or approval of or by the corporation or of or by
any officer or valuer of the corporation or by any conviction or
order by a court of summary jurisdiction under any provision of
this Act may appeal to the next practicable court of quarter
sessions under and ac'cording to the provisions of the Summary
Jurisdiction Acts.
21. AUTHENTICATION AND SERVICE OF NOTICES.
(1) Where any notice or demand under this Act [or under any As to notice?.
local 'Act, Provisional Order or by-law for the time being in force
within the Borough] requires authentication by the corporation,
the signature of the town clerk or other duly authorised officer of
the corporation shall be sufficient authentication.
(2) Notices, demands, orders and other documents required or
authorised to be served under this Act [or under any local Act,
Provisional Order or by-law for the time being in force within
the borough] may be served in the same manner as notices under
the Public Health Act 1875 are by sect. 267 of that Act authorised
to be served: Provided that in the case of any company any such
notice, demand, order or document shall be delivered or sent by
post addressed to the secretary of the company at their principal
office or place of business.
22. CONFIRMATION OF ;BY-LAWS.
The provisions of sects. 182 to (b) 185 of the Public Health Confirmation
Act 1875 so far as they relate to by-laws made by an urban ofb 7- laws -
(6) Sect. 186 should be substituted where the local authority is not a
municipal corporation.
Recovery of
penalties.
PAKLIAMBNTAHY DOCUMENTS.
sanitary authority shall apply to all by-laws made by the cor-
jwration under the powers of this Act [except by-laws to which
the provisions of soct. 23 of the Municipal Corporations Act 1882
are applied by this Act]: [Provided that as respects by-laws nm<K>
under the section of this Act whereof the marginal note is - - the
Secretary of State (Board of Trade} shall be substituted for I he
Local Government Board.] ,
23. EECOVERY OF PENALTIES.
Save as otherwise by this Act expressly provided all offences
ugainst this Act and all penalties, forfeitures, costs and expenses
imposed or recoverable under this Act or any by-law made in
pursuance thereof may be prosecuted and recovered in a summary
manner: Provided that costs or expenses except such as are re-
coverable along with a penalty shall not be recovered as penalties
but may be recovered summarily as civil debts.
24. RECOVERY OF DEMANDS.
Proceedings for the recovery of any demand made under the
authority of this Act [or the former Acts] or any incorporated
enactment, whether provision is or is not made for the recovery in
any specified court or manner, may be taken in any county court
having otherwise jurisdiction in the matter, provided that the
demand does not exceed the amount recoverable in that court in a
personal action.
25. ARBITRATION.
Application of Where under this Act any question or dispute is to be referred
Act, 1 1889 n to an arbitrator or to arbitration, other than questions or disputes
to which the provisions of the Lands Clauses Acts apply, then
unless other provision is made the reference shall be subject to
the provisions of the Arbitration Act 1889.
_Rt- overy of
demands.
Ctmtoof
arbitration in
i ortain cases.
26. COSTS OF ARBITRATION UNDER LANDS CLAUSES ACTS.
The tribunal to whom any question of disputed purchase money
or compensation under the Act is referred shall if so required by
the corporation award and declare whether a statement in writing
of the amount of compensation claimed has been delivered to
MISCELLANEOUS. 1001
the corporation by the claimant giving sufficient particulars and
in sufficient time to enable the corporation to make a proper
offer and if the tribunal shall be of opinion that no such state-
ment giving sufficient particulars and in sufficient time shall have
been delivered and that the corporation has been prejudiced
thereby the tribunal shall have power to decide whether the
claimant's costs or any part thereof shall be borne by the claimant:
Provided that it shall be lawful for any judge of the High
Court to permit any claimant after seven days' notice to the
corporation to amend the statement in writing of the claim de-
livered by him to the corporation in case of discovery of any error
or mistake therein or for any other reasonable cause, such error,
mistake or cause to be established to the satisfaction of the judge
after hearing the corporation if they object to the amendment and
such amendment shall be subject to such terms enabling the cor-
poration to investigate the amended claim and to make an offer de
novo and as to postponing the hearing of the claim and as to costs
of the enquiry and otherwise as to such judge may seem just and
proper under all the circumstances of the case:
Provided also that this section shall be applicable only in cases
where the notice to treat under the Lands Clauses Consolidation
Act 1845 either contained or was endorsed' with a notice of the
effect of this section.
27. JUDGES NOT DISQUALIFIED.
A judge of any cou,rt or a justice shall not be disqualified from Judges not
.noting in the execution of this Act by reason of his being liable dl8( i ual1
to any rate.
28. COPY OF ACT TO BE REGISTERED.
(a) In Company's Bill.
The company shall deliver to the Registrar of Joint Stock Copy of Act
Companies a printed copy of this Act and he shall retain and
register the same and if such copy is not so delivered within three
months from the passing of this Act the company shall incur a
penalty not exceeding two pounds for every day after the ex-
piration of those three months during which the default con-
tinues and any director or manager of the company who knowingly
1002 PATENTS.
and wilfully authorises such default shall incur the like penalty.
Every penalty under this section shall be recoverable summarily.
There shall be paid to the Registrar by the company on such
copy being registered the like fee as is for the time being payable
under the Companies (Consolidation) Act 1908 on registration
of any document other than the memorandum or the abstract
required to be filed with the Registrar by a receiver or manager
or the statement required to be sent to the Registrar by the liqui-
dator in a winding-up in England.
(6) In Bill of Local Authority.
The council shall forward to the Registrar of Joint Stock Com-
panies a printed copy of this Act and it shall be recorded by him
and if such copy is not forwarded within three months from the
passing of this Act the council shall incur a penalty not exceeding
two pounds for every day after the expiration of those three
months during which the copy is omitted to be forwarded and
every penalty shall be recovered summarily.
There shall be paid to the registrar by the council on such
copy being registered the like fee as is for the time being pay-
able under the Companies (Consolidation) Act 1908 on registration
of any document other than a Memorandum of Association.
PATENTS.
1. AGREEMENT for LOAN by INSTALMENTS to enable IN-
VENTOR to TAKE OUT the PATENT and WORK the INVEN-
TION PROVISIONAL PROTECTION [or ACCEPTANCE of
Complete Specification] already obtained PRELIMINARY
TRIAL of Invention Option to make Advances Patent
to be taken out in JOINT NAMES and MORTGAGED to
Lender INTEREST half-yearly AT FIXED RATE, and ALSO-
ACCORDING TO PROFITS TERM CERTAIN.
AN AGREEMENT made the - - day of , 19, BETWEEN
A. B., of, &c., of the one part, and C. D., of, &c., of the other
AGREEMENTS. 1000
part: WHEREAS the said A. B. as inventor of a new and improved Jtecitah.
process, &c. [title of invention] made his application for letters Application-
patent on the day of last and has obtained provisional ^ovfsionai
protection (a) : AND WHEREAS the said A. B. has requested the protection [or
said C. D. to lend him the sum of - to enable him to obtain complete^-
the patent for and establish himself at - - in the business of *Pfication}.
working the said invention: NOW IT IS AGREED AND S'C*
DECLARED as follows:
1. The said A. B. shall at his own expense in the presence of Trial of
the said C. D. and any agent of his make trial of the said inven- invention,
tion and manufacture according thereto some good specimens (6)
of , and shall give to them respectively all necessary explana-
tion of the process and details of such manufacture, and the mode
of application of the said invention, so as to enable them respec-
tively to form an opinion as to the utility and value thereof, but
neither the said C. D. nor his agent shall, except for any of
the purposes hereof, hereafter make use of the invention [or com-
municate the secret thereof to any person or persons (c)] without
the written consent of the said A. B.
2. If the said invention shall not be tried as aforesaid within Option after
calendar months from the date hereof, or if within advances"* 1 "*
weeks after such trial the said C. D. shall not give notice in
writing to the said A. B. of his intention to make any advances
in the terms of this agreement, the same shall at the end of such
period absolutely determine (d}.
3. If the said C. D. shall give such notice as aforesaid he shall If C. p.
advance the said sum of by instalments (e), namely
(a) Or say, if the case,
"has obtained the acceptance of a complete specification."
As to provisional protection, and the patent rights obtained on the accept-
ance of the complete specification, see sects. 4 and 10 of the Act of 1907.
(&) Or,
" a quantity not exceeding Ibs.," or &c.
(c) If the complete specification has been accepted, omit the words
in brackets. ,
(d} Until C. D. has advanced any money the parties will be under no
binding agreement, and each can withdraw at any time before the period
fixed for the first advance. The first two clauses are, therefore, only
preliminary to the agreement proper.
(e) In case the complete specification has been accepted at the date of
B.-^VOL. n. 10
1004 PATENTS.
made to when he shall be satisfied that the said A. B. has prepared the
obtain patent. completo specification of the said invention (/), and a further sum
of - within - - days after the acceptance of the complete
specification shall have been duly notified to the said C. D. from
the patent office in respect of the joint application for the patent
as hereinafter provided to be made, and the balance of the said
sum of - upon the execution of the mortgage hereinafter
mentioned.
4. As soon as the said C. D. shall have advanced the said A. B.
o-applicant the said sum of -- , whether he shall have given such notice as
aforesaid or not, he shall be entitled to be made an applicant for
the grant of the patent for the United Kingdom and the Isle of
Man jointly with the said A. B., who shall procure the amend-
ment of his application in this respect accordingly.
Joint grant of 5 After the said application shall have been amended as afore-
obtained and said, the said patent shall with all due speed and at the expense of
' ^' ^ e obtained in the joint names of the said parties,
and immediately after the grant thereof, the said A. B. shall at his
own expense execute a mortgage thereof or of all his interest
therein so that thereby the entirety thereof shall be vested in the
said C. D., to secure the repayment of all advances here under,
together with interest as hereinafter provided and so that on re-
demption the entirety of the said patent shall be assigned to the
MI id A. B. (g).
tho agreement, it may be suitable to substitute the following clause in lieu
of clauses 3 and 4:
" If the said C. D. shall give such notice as aforesaid he shall
jidvancc the said sum of in two instalments, namely, the
sum of - on the said A. B. making him a co-applicant for
the grant of the patent and the sum of upon the execution
of the mortgage hereinafter mentioned."
(/) Or say,
"satisfied that Mr. X., of, &c., or other patent agent nominated
by or approved of by the said C. D. has under the instructions of
the said A. B. prepared, &c."
The sum of is suggested in order to defray the expenses of the
preparation of the complete specification, and obtaining the acceptance
thereof.
(g) Tho patent could, of course, be taken out by the inventor alone, and
then mortgaged. The above method is, however, advised, in order to
AGREEMENTS. 1005
6 (h). Provided, however, that the said C. D. may at any time No further
a-ef use to make any advance unless satisfied with the application of Un i ft n8 former
.all previous sums advanced, or being dissatisfied therewith shall be ones properly
unable or fail to make or sustain any reasonable objection thereto.
7. The said A. B. shall pay to the said C. D. half-yearly on Interest
-every - - day of - - and - - day of -- , commencing as
from the time of advancement thereof, interest on every sum interest out of
advanced and for the time being remaining unpaid hereunder, no t exceeding
that is to say, firstly, a fixed interest at the rate of - per cent. a percentage
on moneys
por annum, and, secondly, a further interest to the extent of owing.
one-third share of the net profits (if any) of the said business for
the half-years then ending respectively, or such part of the said
one-third share as shall be equal to - - per cent. ({) of the
total sum advanced as aforesaid and for the time being remain-
ing unpaid.
8. Notwithstanding anything hereinbefore contained, all ad- Moneys to
Tances shall, except as next provided, be repaid at the end of six m certain
calendar months from the respective times thereof. Provided, if interest
however, that if the said patent shall be obtained within - paid , &c. y
calendar months herefrom, and the said mortgage shall be duly
executed as aforesaid, then so long as the said A. 'B. shall on or
\\ithin thirty days after every half-yearly day aforesaid until the
- day of - , 19 , pay all interest for the time being due
.as aforesaid, and perform and observe all his obligations for the
.time being hereunder, or under the said mortgage, and shall on or
before the - day of - , 19 (fc), have finally established
himself in the said business, the said C. D. shall not before the
.said - day of -- , 19 (I), call in the principal moneys so
.advanced, or any part thereof respectively. Provided also that the
said C. D. shall not before the said - day of - , 19 (Z), be
compelled to receive the said principal moneys or any part thereof
respectively.
prevent adverse dealings with the patent before the execution of the
mortgage.
(h) Omit this clause if the sum is to be advanced in only two instal-
ments, as mentioned in note (e), ante.
(i) In fixing this percentage, it should be noticed that the period is
.half a year only.
(&) Some early date.
(Z) The first-mentioned date.
10(2)
1000
PATENTS.
Half-yearly
accounts, in-
upcirtion, &o.
Content*
of mortgage
deed.
9. The said A. B. shall keep at his usual place of business all
proper books of account, and shall make true and perfect entries
therein, at the earliest opportunities, of all particulars relating to
the manufacture or sale of the articles made according to the said
invention, and the licences (m) granted by him in respect thereof.
and all other dealings by him with or in relation to the said inven-
tion and patent rights subject hereto, and to the said business, or
any of them, and shall balance his accounts at the end of each half-
year aforesaid, and shall at all times during the continuance and
for the purposes hereof give the said C. D. or his agents all infor-
mation, and at the expense of the said A. B. evidence by statutory
declaration or otherwise as to the truth of any particulars aforesaid,
and suffer him or them to inspect and make copies or extracts from
the said books, or any of them, as and when reasonably required
by him or them, and shall pay the expenses (not exceeding )
of a chartered accountant (if any) employed by the said C. D. for
any half-year to investigate the said books and state of the said
business for the purposes aforesaid, and shall at the end of each
half-year aforesaid send to the said C. D. a full account and
balance sheet for such half-year.
10. The said mortgage deed shall contain all such covenants
and provisions as shall be necessary to carry out the terms of this
agreement so far as they shall remain to be performed or observed,
together with absolute covenants for title to the said invention and
patent rights subject to this agreement, and as to the validity of
the patent and for the payment by the said A. B. of all renewal
fees, and for the maintenance and protection by him of the patent,
but shall reserve to the said A. B. the right at any time or times
before the said C. D. shall become entitled to exercise the power
of sale, to grant licences other than exclusive ones, but at the
highest royalties obtainable, and not at fines or premiums, and
containing provisions enabling the licensor to revoke the same
respectively on default in payment of any royalties for the space
of thirty days, or on breach of any other covenants or conditions
therein contained, and shall enable the said C. D. at any time
(T) There will be a check on the grant of licences by the mortgagor
alone if the mortgage, or, in default of the latter" being executed, the
agreement itself, bo registered immediately after the grant of the patent.
See note (o), infra, as to the registration of this agreement if no mortgage-
be executed.
AGREEMENTS. 1007
or times after he shall become entitled to exercise the power of sale
to grant licences without restriction, and shall as far as can be
include the benefit of any extension of the patent, and of any
improvements or additions to the said invention, or any new dis-
covery relating- to the subject-matter thereof, now (if at all) in
the knowledge and possession of or which may hereafter be made
by the said A. B., either solely or in conjunction with any other
person or persons, and of all patent rights obtainable by him in the
United Kingdom and Isle of Man in respect thereof respectively,
and lastly shall contain all such other clauses or provisions as shall
be necessary, usual, or convenient for securing to the said C. D.
payment of the moneys and interest intended to be secured as
aforesaid (ri).
11. Until the said mortgage shall be executed, the patent rights Charge
for the time being comprised herein shall stand charged with the declaration of
repayment of the principal moneys and interest as aforesaid, and tru8t -
the said A. B. shall hold the same patent rights in trust for the
said C. D. to enable him more effectively to enforce the said charge
wtiere necessary, and shall perform and observe the covenants and
provisions to be comprised in the said mortgage deed so far as
possible as if the same had been duly executed.
IN WITNESS, &c. (0).
() If any colonial or foreign patents are intended to be also a security Foreign and
they cannot, of course, be comprised in the mortgage. There should be a colonial
recital in the agreement of such intention, and also of applications being, P atents -
or about to be, made for the respective patents. A clause should then be
inserted, providing that A. B. will, with all due speed, or within specified
times, make or prosecute his applications, and obtain the respective
patents, and execute a proper mortgage of them to C. D., according to
the laws of the different countries.
(o) By the Conveyancing Act, 1881, ss. 19, 20, certain powers of sale This agree-
and other powers are given to mortgagees where the mortgage is by deed, ment to be
By sect. 2 (6) a mortgage includes "a charge." It seems, therefore, deecHn order
advisable that, in view of possible delay in the execution of the mortgage, to enforce the
the above agreement should be executed as a deed. The declaration of powers under
trust above made may be useful in enabling C. D. to get in the legal jggj
estate under the Trustee Acts on any sale by him to enforce the charge Declaration of
in case A. B. refuses to concur in the sale. Should there fce delay in the trust to ^ tor
execution of the mortgage the agreement itself should be registered, as O f Trustee
Iseing a document defining the interests of co-grantees. Acts.
Registration.
I(M)S
PATENTS.
2. AGREEMENT by a MANUFACTURER to pay expenses of
obtaining a PATENT No APPLICATION yet made JOINT
PATENT MANUFACTURER ALONE to work PATENT PAY-
MENT of ROYALTIES OPTION to PURCHASE PATENT-
PROVISION for RENEWAL of AGREEMENT by SURVIVING
PARTNERS (if any) of MANUFACTURER.
AN AGREEMENT made, &c., BETWEEN W., of, &c., of the one
part, and B., of, &c., of the other part: WHEREAS W. claims to
be the true and sole inventor of a method of determining the
distances of certain objects from the eye of the observer by means
No patent yet of an adaptation of the telescope: AND WHEREAS W. has not yet
applied for. U ppii ec i f or anv letters patent in respect of the said invention:
R. established AND WHEREAS R. is established at - - as a manufacturer and
in munufao. ^^ Q telescopes and other optical instruments: NOW IT IS
HEREBY AGREED as follows:
Rrcital*.
Invention.
Di-i-losure of
invention.
R. to make
and try speci-
men, and
if not elect to
carry out
agreement
the same to
be void with-
out compensa-
tion.
After R.'s
election,
patent to
be obtained at
his expense in
joint 11:111105.
W. to
pay expenses
of abortive
proceedings if
caused by
him, together
with interest.
1. W. shall forthwith fully disclose to R. the nature and extent
of the said invention.
2. Within one calendar month after such disclosure, and at his
own expense, R. shall make or adapt a telescope or other instru-
ment in accordance with or exhibiting the said invention, and
make trial of the same, and within a further period of one calendar
month he shall in writing state his willingness to carry out the
obligations on his part hereinafter contained, or in default of such
statement this agreement shall become null and void as to any-
thing remaining to be done thereunder, and the said invention
shall continue to be the sole property of W., who shall not be
liable in respect of any sum or sums expended by R. under this
clause.
3. After R. shall have stated his willingness to carry out the
obligations aforesaid, the said parties shall at his expense apply
for and obtain a patent in their joint names for the said invention
for the United Kingdom and Isle of Man. Provided, however,
that all moneys paid by R. in respect of any application or pro-
ceedings thereon which by reason of any wilful act or default
of W. shall become abortive or abandoned (whether revivable or
not) shall be repaid by W. on demand with interest thereon at
the rate of per cent, per annum from the respective times
AGREEMENTS.
when the same were so paid until the repayment thereof respec-
tively (p).
4. Subject and without prejudice to the provisions hereinafter Subject
contained, the said parties hereto shall hold the said invention and
patent and all other inventions and patent rights for the time the patent
being subject hereto equally between them as tenants in common, "eld equally
5. R. ehall have the sole right for himself and partners (if any) as tenants in,
i> ITT i 11 i i - common.
ior the time being exclusive ot W . and all other persons ol using,
working and vending the said inventions and patent rights, in- >le right to
eluding the granting of licences at royalties. Provided, however, and grant
that both parties shall concur in the sale or assignment (if any) ences
v J ' at, royalties..
of any patent rights for the time being subject hereto, or any part other deal-
thereof. or share therein, respectively, and also in the grant of mgs jointly,
r J ' . and all sums
licences under any of the said patent rights at fines or premiums, received on
and they shall be entitled to the net proceeds of any such sale, or ^^j
the lines or premiums or any royalties aforesaid in equal shares. equally.
6. R. shall at the end of each half-year hereinafter mentioned R- to pay
pay to W. the royalty of - shillings in respect of each instru- \y. O n instru-
ment aforesaid made or adapted by him according to the said
or any other invention for the time being subject hereto, and in
such half-year sold by him, whether he shall actually have
received the price thereof or not.
7. All fees, and the costs and expenses of and attending the Fees and cost
maintenance and protection of the said patent rights, shall in the fo. 1 ^^ ^'
first instance be paid and borne by R., who shall be entitled in the R- firstly,
half-yearly accounts hereinafter provided to be furnished to charge equally.
W. with one moiety of the same respectively.
8. R. shall keep at his usual place of business all proper books Accounts.
of account, and shall make true and complete entries therein, at inspection
_ _ allowed,. &c..
(p) No new initiatory application can. of course, be made after the
acceptance of the complete specification, as publication then takes place.
Sect. 9 of the Act of 1907. After expiration of the time for acceptance,
if no acceptance has been obtained, it seems that, as by sect. 69, no
publication by the office is to ensue, the applicants may begin their
applications de novo. This is, in fact, an abandonment of a provisional
specification. In Oxley v. H olden, 8 C. B. N. S. 666, it was held (under
old law) that the abandonment of a provisional specification [it had not.
been published by the office] was not a dedication to the public of the
invention. No provision is made above for the default of E. in advancing
moneys, or neglecting to co-operate in the application, as he would
probably be in the position to make his own terms.
101*
PATENTS.
Half-yearly
settlements.
Improve-
ments, &c. by
either party
to be in -
eluded.
R. may
I > ill ! ill-- W,%
interest
at fixed price-
on notice.
On death of
R. his sur-
viving part-
ners may
elect to
continue tbe
agreement.
the earliest opportunities, of all particulars necessary or convenient
for the purposes hereof, relating to the manufacture and sale of the
instruments made or adapted as aforesaid, and the licences granted
in respect thereof, and shall produce the said books to W. or his
agents or agent at all reasonable times for inspection and the
taking copies or extracts therefrom, and shall at his own expense
obtain and give to him or them from time to time all such infor-
mation as to any item or matter contained or which ought to be
contained therein as shall be reasonably required.
9. Accounts between the said parties shall be settled at the end
of each half-year, the first whereof commencing at the date when
complete protection shall have been obtained in respect of the said
invention.
10. Every improvement in or addition to the said invention or
new discovery useful in the manufacture or adaptation of tele-
scopes for the like purpose as aforesaid now (if at all) in the
knowledge and possession of or which hereafter may be made by
either party either solely or in conjunction with any other person
or persons shall as far as practicable, but subject to the rights
therein of any such person or persons, be treated as part of or as
comprised in the said invention, and except as to costs (if any)
out of pocket occasioned thereby, be communicated and explained
by him free of charge to the other of them, but no patent shall be
applied for or taken out in respect thereof unless R. shall think
fit, and then as between the said parties at their joint cost and in
their joint names subject to the rights of any such person or
persons, and such patent (if any) shall, subject as aforesaid, be
-also subject to this agreement, in the same manner as far as pos-
sible as the letters patent to be obtained in respect of the said;
invention.
11. R. may, at the end of any half-year aforesaid, after having
served W. with one calendar month's previous notice in writing
for that purpose, and satisfying all sums (if any) then due to W.
hereunder, purchase for the sum of all the estate and interest
of W. in the said patent, and any patent rights then subject
hereto.
12. If R. shall die during the continuance of any patent rights
for the time being subject hereto before he shall have elected to
purchase; the same as aforesaid, his surviving partner or partners
(if any) shall, subject to any provisions in the articles of partner-
AGREEMENTS. 1011
->hip to the contrary, have the option to be declared in writing and
.served on W. within - - calendar months from the date of the
-death of R. to continue to carry out his part of this agree rnent
upon the like terms as aforesaid except as provided in Clause 11.
IN WITNESS, &c.
3. AGREEMENT for LOAN to a FIRM ADVANCES with
INTEREST repayable only out of FIXED SHARE of NET
PROFITS half-yearly PRESENT ADVANCE OTHER SUMS
advanced according to STATE of PROFITS CHARGE on
PATENTS No PERSONAL LIABILITY to REPAY.
-AX AGREEMENT made the - - day of -- , 19, BETWEEN
A. B. and C. D., of, &c. (hereinafter called "the firm"), of B*Ual*.
-.the one part, and E. F., of, &c., of the other part: WHEREAS the Title to
Jinn is absolutely entitled to the patent rights mentioned in the ET schedule.
.Schedule hereto: AND WHEREAS the firm has for some time past Business
been engaged at its address aforesaid in co-partnership in the
business of Avorking the said patent rights and the granting of
licences thereof: AND WHEREAS the said E. F. has agreed to Agreement
-advance the firm the sum of - by instalments repayable to- tcTfirm 811
gether with interest at th,e rate of - per cent, per annum out repayable out
of one-third share of the net profits derivable from the said patent and charged '
rights as from the - - day of - last, but charged on the said on P atents -
patent rights as hereinafter provided, and not to be repayable by
-the firm or any member thereof personally: AND WHEREAS the Last^half-
last half -yearly accounts of the said business have been duly made accounts
up and ascertained as on the said - day of - last: AND made U P-
WHEREAS the said E. F. has inspected the books of the said busi-
ness and ascertained the state thereof and the amount of net profits inspected by
-derived from the said business during the two years immediately accepted
preceding the said - day of - last, and for the purposes ascorrect
hereof has accepted all the accounts relating to such period as
entirely correct: AND WHEREAS the method by which the said Past method
-accounts have been taken is intended, subject as hereinafter men-
1 ioned, to be also applied in ascertaining the amount of future net accepted for
ascertaining
profits: AND WHEREAS in part pursuance or the said agreement future profits.
"the said E. F. has immediately before the execution hereof ad- Part of
Danced the firm the sum of - part of the said sum of - advanced.
1012
PATENTS.
Operative
part.
Advances and
interest only
repayable out
of profits
or the patent
rights.
Repayments
half-yearly.
the receipt of which sum of the firm doth hereby acknow-
ledge. NOW IT IS HEREBY AGREED as follows:-
1. The said sum of - and all other sums advanced here-
under shall bear interest at the rate of - - per cent, per annum
from the respective times of advancement thereof, but except as to-
the charge on the said patent rights hereinafter contained shall,
together with the interest aforesaid, be repayable only out of one-
third share of the net profits derivable from working the said
patent rights, and not by the firm or either member thereof per-
sonally (q).
2. The said payments out of net profits shall be made half-
yearly on every - - day of - - and day of - - com-
mencing with the
An instalment
to be ad-
vanced each
half-year
if lender's re-
ceipts are of
dehned extent
at least.
When legal
mortgage.
Mode of
estimation of
net profits.
day of
next or within thirty days
thereafter respectively (r), and shall be made, firstly, in discharge
of all interest aforesaid, and then in or towards satisfaction of
the principal moneys for the time being due hereunder and
remaining unpaid.
3. The sum of - (being the balance of the said sum of
) shall be advanced in four equal instalments of
each (s) at the respective times hereinafter mentioned, that is to-
say if and whenever the said E. F. shall for any half-year afore-
said so long as any moneys advanced hereunder shall remain
unpaid be entitled to receive out of the said net profits as herein-
before provided a sum equal to or exceeding - - per cent, of the
entire principal sum advanced and then remaining unpaid, and
the firm shall have duly performed its obligations hereunder up to
the time of accounts being furnished for such half-year as here-
inafter provided, and shall not nor either member thereof ha\r
become bankrupt or committed any act of bankruptcy, whether
(g) If the firm are to be personally liable a formal legal mortgage
instead of this agreement should be executed. In the estimation of net
profits for any half-year, and in the absence of an agreement to the
contrary, interest on borrowed capital, and a fortiori the estimated receipts
by the lender as above provided, would not apparently be first deducted,
from the gross returns. See as to the mode of ascertaining profits when
the person entitled is not a partner (e.g., a manager or foreman), Rishtor*
v. Grissell, L. E. 5 Eq. 326; Geddes v. Wallace, 2 Bligh, 270.
(r) These extra days are mentioned in view of the charge made by-
Clause 4.
() Or unequal instalments.
AGREEMENTS. 1013
available for adjudication or not, the said E. F. shall then forth-
with, subject to the satisfaction of any moneys due to him on the
said accounts, advance one of the said instalments.
4. The said patent rights and all extensions thereof, together charge of
with the interest of the firm in any patents hereinafter obtained by patent rights
J (with decla-
it in respect of any improvements or additions to the several ration of
inventions mentioned in the Schedule hereto, or of any new dis- enforceable 10 '
coveries useful for the manufacture of , are hereby charged while firm
with the repayment of the said principal moneys and interest, and obligations or
the firm shall hold any patent rights sold by the said E. F. in
enforcement of the said charge or any part thereof in trust for the
purchaser or purchasers at any such sale, but such charge shall not
be enforced so long as the firm shall perform and observe its obliga-
tions hereunder, and work the said patent rights at such a profit at
least as will admit of the said E. F. receiving each half-year out
of the one-third share of the net profits for that period as aforesaid
all interest then due on the principal moneys then already ad-
vanced by him and remaining unpaid, but in case the firm shall
make default in the performance or observance of any obligation
hereunder, and (where such default is capable of being made
good) shall for days after a notice in writing shall have been
served on the firm by the said E. F. requiring it to make good the
same omit so to do, or in case the said share of net profits for any
half-year shall not admit of the receipt by the said E. F. of the
full interest thereout as aforesaid, then the said E. F. may at an}'
time thereafter, notwithstanding any further advances made by
him to the firm in the meantime, call in the principal moneys
advanced and for the time being remaining unpaid hereunder,
together with all interest thereon aforesaid, and in default of pay-
ment thereof or any part thereof respectively forthwith may en-
force the said charge ().
() A formal legal mortgage could, of course, be executed, comprising
the terms of this agreement, except as to the mere charge, and then
registered. The object here, however, is to leave the firm quite unfettered
in its dealings with the patents before the charge becomes enforceable,
and to avoid any exposure of the affairs of the firm, which might result
from registration of the mortgage. Notice of the charge is to be indorsed
on the patent (Clause 6). If the agreement be executed as a deed, then
sects. 19 and 20 of the Conveyancing Act, 1881, conferring powers of
sale, &c. will operate. By sect. 2 (vi) of that Act, " a mortgage " may
1014 PATENTS.
Account*, 5. The firm shall keep at its usual place of business all proper
nupeo on, book ^ &c |- eZaMSe 9j Agreement 1, p. 1006, ante].
Payment 6. [For Clause as to payment of fees, use Sp. Cl. 37, p. 1161.]
7. The firm shall at all times during the continuance hereof
of e putent. defend every proceeding for revocation of any letters patent com-
prised herein, and protect the same from infringement.
Notice of thi 8. Notice of the effect of this agreement shall forthwith be
beindoraed indorsed on the deed of partnership dated, &c., of the firm, and
on partner- g^ so on the severa l letters patent mentioned in the Schedule hereto,
ship deed and . , .
patents. and signed in each case by the several persons parties thereto (u).
IN WITNESS, &c. (#).
THE SCHEDULE.
4. AGREEMENT for SALE of MOIETY of a PATENT PRO-
VISIONAL PROTECTION obtained PURCHASE-MONEY in
THREE INSTALMENTS payable (1) at DATE, (2) on
ACCEPTANCE of COMPLETE SPECIFICATION, (3) on GRANT
of PATENT CONDITIONS of WORKING RESCISSION
before GRANT in certain events.
Recitals. AN AGREEMENT made the - - day of BETWEEN A. B.,
Invention and of, &o. (hereinafter called " the inventor "), of the one part, and
provisional Q D O f & c o f tne other ^ t: WHEREAS the inventor has
protection.
mean " any charge on any property for securing money." A declaration
of trust, as above, is recommended. The object is to obtain, if necessary,
an order under the Trustee Acts vesting the legal estate in the purchaser,
in case the patentee will not, or cannot, join in the assignment.
(w) The indorsement seems advisable, as the agreement, not being a
legal mortgage, will not be registered. The notice will prevent licences
being granted at premiums, or sales of the patents, without the concur-
rence of E. F. See as to assignees of patents taking with notice of the
claims of a prior assignor to a share of the net profits being bound to
account to him for the profits received by them, Werdermann v. Societe
Agreement to Generate d'Electricite, 19 Ch. D. 246 (Jessel, M. E., and Lush and
be by deed. Lindley, L. JJ.).
Stamp duty. ( x ) This agreement should be by deed (see note (<), ante), but cannot
No liability be registered. Ibid. The lender will be under no liability as a partner.
as partner. See Partnership Act, 1890, s. 2. For a clause as to service of notices, see
Service of &P- Cl. 51, post, p. 1165.
notices.
AGREEMENTS. 1015
invented certain improvements in, &c. [title of invention], and has
obtained provisional protection within the realm in respect of such
invention as from the day of - - last: AND WHEREAS it Agreement
is agreed that the said C. D. shall for the sum of pur- JjJiJjJf^
chase one half -share in the patent and any extension thereof home patent,
obtainable in respect of the said invention: AND WHEREAS as part c '
of the said purchase-money the said C. D. has immediately before purchase-
the execution hereof paid the inventor the sum of
receipt whereof is hereby acknowledged (?/). NOW
HEREBY AGREED as followe:-
1. The inventor shall forthwith prepare a complete specifica- Complete
tion of the said invention, and with all due speed procure the same specification
to be accepted at the patent office. prepared.
2. Within days after written notice of the acceptance of Further part
the complete specification shall have been served on him by the m oney C to be
inventor, the said C. D. shall pay to the inventor the sum of paid after
(z) further part of the said purchase-money.
3. On payment of the said sum of the said C. D. shall be On such
entitled to be made an applicant for the patent jointly with the (^D^to be
inventor, who shall then forthwith obtain the amendment of his made co-
application in this respect accordingly.
4. All costs and expenses incurred by the said parties on account Cost of oppo-
of any opposition to the grant of the patent shall be borne by the ^^torne" 1 *
inventor exclusively. by inventor.
5. As soon as the patent shall be granted as aforesaid and After sealing-
duly sealed, the said C. D. shall pay the inventor the balance of balancTof
the said purchase-money. purchase-
A . money to be
6. The patent and every extension thereof shall be held and paid."
enioyed by the parties in equal shares as tenants in common, sub- Conditions of
. ,. . ownership.
ject to the following conditions:
(a) The fees for renewal shall be the annual ones, and together Renewal fees
with any fees payable for extension of the times for f^^ share"*
renewal respectively shall be borne equally by and be-
tween the parties, and if either party shall at any time or
(y~) This should be a small percentage by way of deposit. Until the
complete specification is accepted a purchaser would hardly pay a sub-
stantial part of the purchase-money. After the acceptance the purchaser
pays a more substantial sum, and then should be entitled, as above
provided, to"be made a co-applicant.
(z) A substantial part of the purchase-money. See note (y).
t6l6
PATENTS.
Unrentrioted
working, &c.,
except as to
licences, at
premiums.
Siime condi-
tions to apply
to patents for
improve-
ments, &c.
If specifica-
tion not
accepted,
C. D. may
abandon pur-
chase and
claim return
of deposit
with interest.
times hereafter make default in or object to continue the
payment of the said fees the other party shall be at
liberty to pay the same, or to continue the payment
thereof, as for the remainder of the term, or any shorter
period, and may claim from the defaulting or objecting
party aforesaid a return of one-half of any payment so
.made, and shall have a charge on his share in the patent
and extension (if any) thereof for the sum so returnable,
together with interest thereon from the time of demand
thereof at the rate of 5 per cent, per annum.
(b) Each party shall be unrestricted in the working of the
patent and grant of licences at royalties, and shall not
be liable to account for any profits or royalties receivable
by him thereby or thereunder, but no licence except at
royalties shall be granted otherwise than by the parties
jointly, who shall be entitled to all fines and premiums
thereunder in equal shares (a) .
(c) The conditions in this clause shall as far as possible apply
to any patent obtained by the parties for any improve-
ment, addition, or discovery hereinafter mentioned.
7. If the inventor shall under the present or any new applica-
tion fail to obtain the acceptance of a complete specification (&), he
shall then forthwith give notice in writing to the said C. D. of
such failure, and the said C. D. may within weeks after the
receipt of such notice abandon the said purchase and claim a
return forthwith of the said sum of - together with interest
thereon at the rate of - - per cent, per annum from the date
hereof until repayment, but if the said C. D. shall within the said
period omit to give notice in writing to the inventor of his having
abandoned the said purchase, he shall be deemed to have elected to
take the benefit of another application, and in that case the said
parties shall thereupon forthwith (if not precluded) jointly (but
at the expense of the inventor) make and prosecute a new appli-
cation for the said patent.
(a) Condition (b) may be modified by providing for the partition of the
patent in some respects. For a partition deed, see post, p. 1092. For
further provisions, see post, pp. 1105 1108.
(6) As to the time for obtaining the acceptance, see sects. 5 and 6
of the Act of 1907.
AGREEMENTS. 1017
8. Each party shall from time to time after making any im- Improve-
provement in or addition to the said invention or discovery useful be shared
.in the manufacture of - - (including any improvement, addi- equally m the
tion or discovery aforesaid now (if so) in his knowledge and pos-
session), forthwith give notice thereof in writing to the other of
them; and, as and when reasonably required by the latter and at
his expense as to actual costs (if any) out of pocket occasioned
thereby, communicate and explain to him or his agents such im-
provement, addition, or discovery; and the said other party, in case
the communicating party shall not intend to take out letters patent
in respect thereof, shall be entitled to use the same free of charge;
but in case the communicating party shall intend to apply for
letters patent in respect thereof, shall pay one moiety (c) (not,
however, exceeding altogether the sum of ) of the current
costs and expenses of and attending the application for and obtain-
ing the said letters patent, and shall be entitled to be made a
co-applicant therefor, and the same when obtained shall be held
.and enjoyed by the said parties in equal shares (c) subject to the
terms of Clause 6 hereof.
9. If by reason of opposition to the grant thereof or otherwise If patent not
the said patent cannot be obtained, the said C. D. shall be entitled moneys to
forthwith (subject to the provisions of Clause 7) to the return of be returned,
all moneys paid by him as aforesaid, but without interest thereon, any claim
or, in default of payment after demand, together with interest fordama & es -
thereon from the time of demand thereof at the rate of per
cent, per annum until repayment, but without prejudice to any
claim for damages by either party against the other of them on
account of any act or default whereby such failure to obtain the
patent ensued (d}.
10. Except where in any case the context requires a different Transmission
interpretation, the expression "the inventor," or "the said clause -
O. D.," or other expression referring to either of the said parties
wheresoever used herein shall extend and be construed to apply
also as far as possible to the assigns of the persons so designated.
IN WITNESS, &c. (e).
(c) Or in unequal shares, as may be intended.
(d) There is no implied warranty of title to the invention in an agree-
anent to sell a patent (or share therein).
(e} For a clause as to service of notices, see Sp. Cl. 51, post, p. 1165.
1018
PATENTS.
5. AGREEMENT to OBTAIN and ASSIGN LETTERS PATENT
for an INVENTION, in consideration of a SUM of MONE\V
and DELIVERY of certain number of the PATENT
ARTICLES.
AN AGREEMENT made the
day of
BETWEEN [in-
Recital of
invention.
Testatniti.
In considera-
tion of a -inn.
and of ih'
purchaser'*
covenant-.
inventor cove-
nants with
purchaser,
to solicit grant
of letters
patent ;
and to assign
letters pati-nt ;
ventor], of, &c., of the one part; and [purchaser], of, &c., of the
other part. WHEREAS the said [inventor] claims to have invented
a new and improved kind of , a plan or drawing of which
is hereunto annexed. AND WHEREAS the said [purchaser] has
arranged with the said [inventor] for the sale to him of the
benefit of the said invention, in the manner and upon the
terms hereinafter expressed. NOW IT IS HEREBY AGREED
that, in consideration of the sum of - to the said [inventor]
now paid by the said [purchaser], the receipt whereof is hereby
acknowledged, and also in consideration of the agreements here-
inafter contained on the part of the said [purchaser], he the said
[inventor^ hereby agrees with the said [purchaser] in manner fol-
lowing (that is to say), that he the said [inventor] will, at any time
or times hereafter within the term of fourteen years, to be com-
puted from the day of the date of these presents, upon the request
and at the cost of the said [purchaser], his executors, admini-
strators, or assigns, take and use all such steps, means, and pro-
ceedings, as shall be requisite or proper for obtaining, and use
his the said [inventorja utmost endeavours to obtain, in the name-
of bin. the said [inventor], a patent for the sole and exclusive-
making, using, exercising, and vending of the said invention
within the United Kingdom of Great Britain and Ireland, and
the Isle of Man, as the said [purchaser], his executors, admini-
strators, and assigns, may desire, during the term or terms for
which patents for inventions are usually granted; AND FURTHER,.
that the said [inventor], his executors or administrators, will, at
any time or times after obtaining any such patent, upon the
request and at the cost of the said [purchaser], his executors,
administrators, or assigns, make, do, and execute all such assign-
ments, deeds, matters, and things, as the said [purchaser], his-
executors, administrators, and assigns, shall reasonably require
for assigning and transferring unto the said [purchaser], his execu-
tors, administrators, and assigns, for his or their absolute benefit^
the said patent, and the full benefit and advantage thereof; ANJ>
AGREEMENTS.
FURTHER, that he the said [inventor] will, at any time or times to instruct
hereafter, upon every reasonable request of the said [purchaser], the invention *
his executors, administrators, or assigns, more particularly and
sufficiently describe to him or them, or his or their agents or
workmen, either in writing or by personal explanation and in-
struction, or otherwise, the nature of the said invention, and in
what manner the same, and every part thereof, and every process
relating thereto, are to be performed or carried into effect and
used ; AND FURTHER, that he the said [inventor], his executors or not to use-
administrators, will not, nor shall any person or persons claim-
ing by, from, through, or under him or them, at any time or purchaser'*
times hereafter, during the term of fourteen years to be com-
puted from the day of the date of these presents, without the
consent or licence of the said [purchaser], his executors, admini-
strators, and assigns, either alone or in co-partnership, or in any
other manner howsoever, directly or indirectly, make or assist in
the making of any - of the new and improved kind herein-
before mentioned, or in the construction of which the aforesaid
invention shall be used ; or (except by any specification or speci- nor, except by
fications which may have to be executed and enrolled for the pur-
poses of the application for the said patent) describe, either in vention;
writing or otherwise, to any person or persons other than the said
[purchaser], his executors, administrators, or assigns, the nature
of the said invention, or in what manner the same is to be .
performed or carried into effect, or give any information, or do or
permit, or be party or privy to, any act, matter, or thing whereby
or by means whereof the same respectively may be known by any
person or persons other than as aforesaid, or whereby or by
means whereof the said [inventor] may be prevented or hindered
from obtaining the said patent for the purposes hereinbefore men-
tioned; AND FURTHER, that he the said [inventor] has not at that inventor
any time or times heretofore described, either in writing or other- hath not dis-
closed mven-
wise, to any person or persons other than the said [purchaser] (/), tion, and is
the nature of the said invention, or in what manner the same is fonf obtain-
_ ing patent ;
(/) Such a previous disclosure is no objection to the novelty of the Novelty of
invention at the time of the grant of the letters patent. To invalidate the inventlon -
patent on the ground of want of novelty, there must be a prior publication
to the world, or public use.
B. VOL. II. 11
PATENTS.
for further
assurance.
to be performed or carried into effect, or given any information, or
done or permitted, or been party or privy to, any act, matter, or
thing, whereby or by means whereof the same respectively may
have been or may be known by any person or persons other than
as aforesaid, or whereby or by means whereof he may be prevented
or hindered from obtaining the said patent for the purposes here-
inbefore mentioned; AND FURTHER, that he the said [inventor]
will, at any time or times hereafter, upon every request, and at
the cost of the said [purchaser], his executors, administrators, or
assigns, make, do, execute, and perfect all such lawful acts, deeds,
disclaimers, amendments, and other matters and things, for the
better or more satisfactorily or effectually sustaining or main-
taining such paten'; as aforesaid, and assuring the same, and the
full benefit thereof, and of the said invention unto the said [pur-
chaser], his executors, administrators, and assigns, as by him or
Purchaser them shall be reasonably required. AND IN CONSIDERATION of
nmkcacertain the agreements hereinbefore contained on the part of the said
[inventor], he the said [purchaser] hereby agrees with the said
[inventor], his executors and administrators, that he the said [pur-
chaser], his executors or administrators, will, within the space of
one year, to be computed from the day of the date of the patent
to be so obtained as aforesaid, at his or their cost, make and
deliver, for and to the said [inventor], his executors and admini-
strators, - - complete, perfect, and well made and finished -
to indemnify of the new and improved kind hereinbefore mentioned; AND will,,
from time to time and at all times hereafter, save, defend, and
number of
articles, and
deliver them
to the
inventor ;
obtaining keep harmless and indemnified the said [inventor], his heirs, execu-
tors, and administrators, and his and their estates and effects
whatsoever and wheresoever, of, from, and against all costs and
charges to be incurred or sustained in, about, or in anywise relat-
ing to the obtaining of the said patent, and the preparing any
specification or specifications which may be necessary for the pur-
poses of the application for the same, and of, from, and against
Proviso that all claims and demands on account thereof. PROVIDED ALWAYS,
app^inTsoli- an( ^ ^ is hereby agreed and declared, that the solicitor or agont
citororagent, to be employed in obtaining the said patent, and in preparing any
inventor shall such specification or specifications as aforesaid, shall be appointed
n -K t i b * re l p - n " by the said [purchaser], his executors, administrators, or assigns;
tjinle tor bis .
default. And that the said [inventor], his heirs, executors, or admini-
strators, shall not be "answerable or accountable for any neglect or
AGREEMENTS. 1021
-default of such solicitor or agent, anything hereinbefore contained
to the contrary thereof in anywise notwithstanding.
As WITNESS, &c.
6. AGREEMENT far SALE of Patent after acceptance of
Complete Specification VENDOR TO MANUFACTURE FOR
PURCHASER within District EXCLUSIVE LICENCE for
same District ROYALTIES on Goods sold to strangers
Clauses as to prices, delivery ( , accounts, and disposition
of Goods on determination of Licence.
AN AGREEMENT made the -- day of - - 19, BETWEEN s*itab.
A . B . , of, &c . , of the one part, and C . D . , of , &c . , of the other part :
WHEREAS the said A. B. as the inventor of a new and improved Acceptance
process, &c. [title] made his application for letters patent on the of complete
- day of -- last, and obtained the acceptance of a complete
specification in respect of the said invention on the - day of
last: AND WHEREAS the said A. B. has established himself Vendor
P i i_i i_ j> P i i i? T established in
at -- aforesaid in the business Of, &c., and is possessed 01 divers b U8 i ne8 8.
plant, machinery, utensils and other effects necessary or suitable
and ready for the manufacture of the said -- : AND WHEREAS Desire to
the said C. D. is desirous of purchasing the said invention and the patent^and
letters patent obtainable in respect thereof, and every extension for vendor to
p i i i ii 1-1 n i" manuiacture
of the said letters patent, and the exclusive benefit of all improve- for purchaser.
ments in or additions to the said invention, or any new discovery
useful for the manufacture of - now (if at all) in the knowledge
.and possession of .or which hereafter may be made by the said A. B.
.and of securing the services of the said A. B. in the manufacture
of -- . NOW IT IS HEREBY AGREED as follows :-
1. The said A. B. shall sell and the said C. D. shall purchase Sale for sum
the said invention, patent and rights aforesaid for the sum of
-- , of which the sum of -- has now been paid (the receipt (one now
whereof is hereby acknowledged), and the sum of - the re-
mainder thereof shall be paid at or immediately before the exe-
cution of the assurance hereinafter mentioned.
2. The said C. D. shall 'be entitled to be made an applicant for C. D. to be
the grant of the said patent jointly with the said A. B. who shall
at his own expense forthwith procure the amendment of his ap-
plication in this respect.
11 (2}
1022
PATENTS.
Cost* of
opposition to
grant borne
by A. B.
Assignment
of patent to
C. D. after
jrrant.
If patent not
obtained,
deposit to be
returned
without
prejudice to
claim for
damages (if
any).
Vendor to
manufacture
for purchaser
at fixed prices
for a term.
Good manu-
facture.
Vendor may
manufacture
and sell
goods to
others within
district.
3. All costs and expenses incurred >by the said parties on account
of any opposition to the grant of the said patent and of obtaining
the grant thereof shall be borne exclusively by the said A. B. (#).
4. The said patent shall be obtained with all due speed, and
immediately after the sealing thereof shall at the expense of the
said C. D., but subject to the payment of the balance of the said
purchase-money, be assured, together 'with the exclusive benefit of
any extension thereof, to the said C. D. by the said A. B. so that
the entirety thereof shall become vested in the said C. D.
5. If by reason of opposition to the grant thereof or otherwise
the said patent cannot "be obtained, the said C. D. shall be entitled
forthwith to the return of the said sum of without interest,
or, in default of payment, &c. [Clause 9, ante, p. 1017.]
6. Subject as aforesaid, the said A. B. shall for a term of -
years from the date hereof, within the borough of - - or other
place or places in the eaid county of approved of by the
said C. D., manufacture for and supply to the said C. D. or hi&
nominees all such articles aforesaid which can be manufactured
according to the said invention as the said C. D. shall from time
to time require not exceeding - - in number per calendar month,
and at prices not exceeding the prices mentioned in the Schedule
hereto in respect of the class of articles so supplied, and shall manu-
facture the same in a good and workmanlike manner, and execute
all such orders with due and necessary dispatch.
7. The said A. B. shall at all times during the said term, subject
as aforesaid, be at liberty within the said borough or other place or
places aforesaid to manufacture the said articles in such numbers
as he may think fit, and within the said county to sell the same to
any person or persons other than the said C. D. or his nominees
at such prices respectively as shall not be less than per cent.
over and above the prices for the time being payable by the said
C. D. for corresponding articles as aforesaid (ft), and so that the
eaid A. B. shall pay to the said C. D. on all such articles when sold
(g) Or equally between the parties, or otherwise.
(h) This clause will operate as a licence, which, by Clause 10, is to be
exclusive for the county, except that it is implied that C. D. himself may
also use the invention within the same district. The agreement can, of
course, be added to by the insertion of other clauses relating to licences.
AGREEMENTS. 1023
by him the royalties mentioned in the schedule hereto according to
the class thereof respectively () .
8. All accounts between the said parties shall be made up and Monthly
settled at the end of every calendar month, the first whereof com-
mencing at the date of the said assurance, and accordingly the said
A. B. shall keep at the said manufactory or other usual place of
business of his for the time being, all proper books of account, &c.
[Clause 10, p. 1006, ante, omitting reference to licences and other
dealings, substituting "month" for "half-year," and omitting
reference to pat/ing expenses of an accountant and the remaining
matter.']
9 . All articles so supplied to the said C . D . or his nominees shall Expenses of
if delivered within the said borough (fc), be delivered free of ex- delivery of
M I'T 1 1 * ' S .
pense to him or them, but otherwise shall be delivered at his or their
expense. !
10. The said C. D. shall not during the said, term license within Purchaser not
the said county any other person or persons than the said A. B. to ^kerThan
manufacture or sell the said articles. vendor
11. The said A. B. shall from time to time .after making any district,
improvement in or addition to the said invention or discovery improve-
useful in the manufacture of - - (including any improvement, ment8 &c -
addition, or discovery aforesaid now (if so) in his knowledge and
possession), forthwith give notice thereof in writing to the said
C. D. or his assigns, who shall be entitled to the sole and exclusive
benefit thereof [except as to the personal use thereof by the vendor];
and as and when reasonably required by the said C. D. or his
assigns, but at his or their expense as to actual costs (if any)
out-of-pocket occasioned thereby, communicate and explain to the
said C. D. or his assigns, or his or their agents, any such improve-
ment, addition, or discovery [and at the like expense and also
for such remuneration, not being less than at the rate of per
day, as the said C . D . or his assigns shall think fit to allow therefor,
himself personally, and to the best of his ability, instruct, superin-
tend, and assist on any business premises of the said C. D. or
(i) The royalties become payable as soon as the sale is effected that
is, when the legal title of the purchaser to the articles first accrues.
Consequently, the actual payment for the articles is not necessarily an
element in the question of sale or no sale.
(k) Or the limits within wffich A. B. will send his own carriers.
1024
PATENTS.
Vendor not to
be concerned
in trade in
similar
articles.
Determina-
tion of agree-
ment to em-
ploy vendor
on default in
supplying
gooda or
bankruptcy.
his assigns, not less than workmen or other persons named
by him or them in the process and details of the manufacture of
articles with the use of such improvement, addition or discovery,
so as to make them proficient therein]. And shall, at the expense
(not, however, exceeding the sum of ) of the said C. D. or
his assigns, if he or they shall require the same, apply for and
obtain, or (if he or they shall so think fit) join with him or them
in applying for and obtaining, letters patent in respect of any such
improvement, addition or discovery; and execute and do all such
assurances and things as shall 'be necessary or convenient for
vesting the same letters patent and the exclusive benefit thereof in
the said C. D. or his assigns [subject to the personal use by the
eaid A. B. of the invention comprised therein] as by the said C. D.
or his assigns shall be reasonably required.
AND FURTHER, the foregoing provisions in this clause (including
as to the limit of expense to the said C. D. or his assigns) shall, as
far as possible, apply to the interest of the said A. B. in every such
improvement, addition, or discovery aforesaid, which he may, in
conjunction with any other person or persons, now have in his
knowledge and possession, or hereafter make, and every such
improvement, addition, or discovery shall, if the said C. D. shall
not otherwise direct, be applied to the manufacture of the said
articles to be supplied to him or his nominees as aforesaid.
12. The said A. B. shall not during the continuance of the said
patent, or any renewal thereof, or any other patents for the time
being comprised therein (except as hereinbefore provided), manu-
facture or sell any articles aforesaid, or such as shall be similar in
character to the said articles, or be engaged or concerned in or pro-
mote any business or company for the manufacture or sale of any
such articles respectively, or do any act or thing calculated to-
depreciate the value to the said C. D. of the said invention.
13. The said C. D. shall be at liberty to determine the agree-
ment and licence aforesaid relating to the manufacture, supply and
sale of the said articles on the said A. B. wilfully neglecting or
refusing, or for the space of one calendar month becoming unable
from any cause whatever to execute any order aforesaid, or other-
wise making default in the performance or observance of any of
his obligations hereunder, or on the said A. B. becoming bankrupt,
or committing any act of bankruptcy whether available for ad-
judication or not.
AGREEMENTS. 1025
14. In the event of the said agreement and licence as to the Disposition of
manufacture, supply and sale of articles becoming determined by fn^determimi-
effluxion of time or any other event, the said C. D. shall be at tionof
agreement
liberty, so long as the same shall remain unsold by the said A. B., and licence,
to call for the supply to him or his nominees at the said prices
respectively mentioned in the Schedule hereto of all articles (if
any) manufactured as aforesaid, or any of them then in the
possession and ownership of the said A. B. and not subject to any
previous orders of the said C. D., or, at the option of the said
C. D., as to any such articles to claim royalties thereon payable on
demand of the respective amounts mentioned in the Schedule hereto
less - - per cent, in lieu of any royalties on the sale thereof re-
spectively. Provided always, that subject as above mentioned,
the said A. B. shall be at liberty at any time or times after the
determination of such agreement and licence to sell any such
articles last aforesaid at any prices respectively whatever, but
shall immediately after any such sale pay to the said C. D.
royalties thereon of the respective amounts mentioned in the said
Schedule and that after such determination the said A. B. shall
give the said C. D. every facilit}^ at all reasonable times to ascer-
tain the number and class of such articles, and the transactions of
the said A. B. in regard thereto respectively.
IN WITNESS, &c. (?.).
THE SCHEDULE.
7. AGREEMENT for SALE of FOREIGN and COLONIAL
Patents (in course of being obtained') Special Clause
enabling Purchaser to retire from any Purchase.
AN AGREEMENT made, &c. BETWEEN A. B., of, &c. (herein-
after called "the vendor"), of the one part, and C. D., of, &c.
(hereinafter called "the purchaser"), of the other part [recite the Recitals..
(I) In respect of the licence, this agreement should be executed as a
deed.
This agreement should be registered, qua the licence, after the assign-
ment has been registered.
For a clause as to service of notices, see Sp. Cl. 51; post, p. 1165.
PATENTS.
Applications
pending for
colonial and
foreign
patent*.
Separate
contracts to
aell same to
<3. D.
Payment of
deposit.
Vendor to
continue
proceedings.
Balance of
purchase-
moneys
payable in in-
stalments, as
per Schedule.
Retirement
by purchaser
from any pur-
chase on re-
linquishment
of moneys
paid, \r.
invention and that provisional protection has been obtained at home,
as ante (m), p. 1014]: AND WHEREAS the vendor has lately made or
is about to make application for patent or other similar privileges
(hereinafter called "patents") for the colonies and foreign
countries mentioned in the Schedule hereto in respect of the said
invention: AND WHEREAS the vendor has agreed with the pur-
chaser (by separate contract as to each patent ()) to sell to him the
said patents at the respective prices mentioned in the said Schedule :
AND WHEREAS the purchaser has immediately before the exe-
cution hereof paid to the vendor the sum of - (apportioned
between the said patents as in the said Schedule mentioned) part
of the said purchase-money, the receipt whereof is hereby ac-
knowledged. NOW IT IS HEREBY AGREED asfollows:-
1 . The vendor shall at his own expense forthwith commence or
continue, and with all due speed take and prosecute the necessary
steps and proceedings for obtaining the said several patents.
2. The balance of the purchase-money for any patent shall be
payable by instalments in the amounts and at the times respectively
in the Schedule hereto mentioned, and any instalment not paid at
or before the time appointed for payment shall thenceforth bear
interest at the rate of - - per cent, per annum until actual pay-
ment thereof.
3. The purchaser may at any time not later than - - weeks
before the time fixed in the Schedule for the completion of the
purchase of any patent, retire therefrom by then serving the
vendor with a written notice for that purpose, whereby also the
purchaser shall offer to relinquish all claim to any moneys paid by
him in respect of the said purchase, and also to pay on demand any
moneys then already due in the like respect and remaining unpaid.
(m) Except (if time admits) as to countries which are members of the
International Union, a provisional, not a complete, specification should
only bo furnished, because publication first takes place on the acceptance
of the complete specification (sect. 9 of the Act of 1907), which would
be a bar in many colonies and foreign countries to the obtaining patents
there.
(n) An entire contract cannot be apportioned. The contracts are here
to be supposed to be verbal ones, as, if in writing, they should either be
fully recited here or be sufficient without the necessity of this agreement.
AGREEMENTS. 1027
4. Tho purchase of each patent shall be completed at the time Purchases
and place in respect thereof mentioned in the Schedule (o) . times and &
, . . . places as per
5. If the vendor shall unreasonably make delay in or discontinue schedule.
the proceedings in respect of his application for any patent, and If . vendor
shall for more than - - days after he shall have been requested purchaser 6 '
in writing by the purchaser to continue the same omit so to do, the
purchaser may at any time thereafter before the vendor shall (if at moneys and
all) continue such proceedings, either retire from the purchase of
that patent, and shall then accordingly be entitled to a return of all
moneys (if any) paid by him in respect of such purchase together
with interest thereon respectively (as for money lent) at the rate
of - per cent, per annum from the times of payment until the
repayment thereof respectively, or if time will so admit, may at the Or, with
expense of the vendor and by means of a power of attorney or ^^iThim-
other (if any) necessary powers given by him (who shall ac- self continue
cordinglj confer the same) himself continue or cause to be con-
tinued the said application and all proceedings consequent thereon,
until the said patent shall be granted and vested in the purchaser,
and all moneys (if any) paid by the purchaser in the due and proper Expenses of
exercise of any such powers shall be repaid by the vendor on
demand, together with interest thereon respectively at the rate last interest.
.aforesaid from the time of payment until the repayment thereof
respectively, notwithstanding that from any cause not attributable
to the purchaser the patent shall not finally be obtained.
6 . If through any cause attributable to the state of the title to if any patent
the invention in any country aforesaid the patent in respect thereof u ob!;a " ie(i
cannot be obtained, the purchaser shall be entitled on demand to defect in title,
;a return of all moneys paid by him for the purchase of such patent,
but without any interest thereon or (subiect as in the last clause ?vit
i . . P interest, &c.
provided) any claim for damages or compensation on account of
the failure to obtain the patent.
7. [For a clause as to services of notices, use Sp. CL 51, post, service of
p. 1165.] notices.
IN WITNESS, &c.
THE SCHEDULE.
(o) This can, of course, only be finally effected in each, country itself,
;and according to the laws thereof.
1028
PATENTS.
Recitah.
Vendor
entitled by
aNUgnmeut to
puteiit.
Agreement to
ell to com-
pany for
the
patent and
an equal in-
terest in any
improve-
ment*.
Company to
be formed to
purchase
patent.
M emoranduni
and articles
already
prepared.
Capital and
share*.
Sale for
.
8. AGREEMENT for SALE of PATENTS to a TRUSTEE for
a JOINT STOCK COMPANY (in course of formation}
PURCHASE- MONEY in CASH and SHAKES (p).
AN AGREEMENT made, &c., BETWEEN A. B., of, &c. (herein-
after called " the vendor "), of the one part, and C. D., of, &c., as
trustee for the company (hereinafter mentioned and called " the
company ") now in course of formation of the other part:
WHEREAS the vendor is entitled under an assignment dated, &c.,.
and made, &c., to the invention and patent in respect thereof men-
tioned in the Schedule hereto: AND WHEREAS the vendor has
agreed with the said C. D. as such trustee for the sale to the
company at the price of of the said patent and all exten-
sions thereof, and the exclusive benefit of all improvements in or
additions to the said invention, or any new discovery relating
to the manufacture of , now (if at all) in the knowledge and
possession of or which hereafter may be made by him: AND-
WHEREAS the company is about to be formed under the Com-
panies (Consolidation) Act, 1908, with the name of The -
Company, Limited, having the object (amongst others) of acquir-
ing the said patent: AND WHEREAS the memorandum and articles
of association of the company have with the privity of the vendor
been already prepared: AND WHEREAS the nominal capital of the
company is provided to be - divided into 15,000 shares of
each (#). NOW IT IS HEREBY AGREED as follows:
1 . The vendor shall sell and the company shall purchase at the
price of the invention and patent mentioned in the Schedule
hereto, and the sole and exclusive benefit of the said patent, and
all extensions thereof (r), and the like benefit of all improve-
ments, additions or new discoveries aforesaid.
(p) This precedent is intended to answer the double purpose of an
ordinary agreement for sale to an individual of a patent already
obtained, and of dealing with the case of an inchoate company as the
purchaser.
(<7) The above agreement involves the adoption of it by the company
when formed. This will be done by an agreement between the vendor, the
trustee, and the company, which is intended for indorsement on the
original contract with or without modifications thereof.
(r) See sect. 18 of the Act of 1907 as to extensions. An assign can
petition, as the term " patentee " means " the person for the time being;
entitled to the benefit of a patent" (sect. 93).
AGREEMENTS. 1029
2. The said purchase-money of -- shall be satisfied by the Purchase -
payment of - in cash, and the allotment to the vendor or and share*.
his nominees of - shares in the company numbered - to
- both inclusive, which shall be deemed for all purposes to be
fully paid up (s).
3. The purchase of the said patent shall be completed on the Day fixed for
- day of - - next, at No. -- , &c., the offices of Messieurs
E. F. & Co., the solicitors of the vendor, or if from any cause the payable if
same shall not be then completed, the company shall pay interest nottheiT
on the said sum of - at the rate of - per cent, per annum completed.
from that day until the completion thereof.
4. The vendor shall from time to time after making any im- improve-
provement in or addition to the said invention, &c. [ante, ^\^K&
p. 1023 ()]. instruction
5. The adoption of this agreement by the company shall operate f , r
to discharge the said C. D. from all liability in respect thereof (u). ment adopted
by company,
C. D. to be
(s) By sect. 88 of the Companies (Consolidation) Act, 1908, it is neces- from liability.
sary to file with the registrar of companies, within one month of allot-
ment, a contract in writing, as therein provided, in the case of shares
allotted as fully or partly paid up otherwise than in cash.
() A clause might follow the above one as to the vendor not engaging
in the manufacture or sale of similar articles. Thus:
'' The vendor shall not, during the continuance of the said Vendor not to
patent or any extension thereof [except as herein provided], manu- 3
facture for sell I any articles aforesaid, or such articles as shall in similar
~* i I
be similar in character to the same, or be engaged or concerned in
or promote any business or company for the manufacture, sale, or
letting on hire of any such articles respectively, or do any act or
thing calculated to depreciate the value to the company of the
said invention."
(u} The liability of C. D. so far, until the company adopts the agree-
ments, is to pay for the patents himself at the total fixed price in cash.
See Kelner v. Baxter, L. E. 2 C. P. 174, which was a case of an
open contract by persons on behalf of an unformed company to buy goods
for cash. The company was formed, and the goods handed over and con-
sumed in its business, but they were not paid for. The company collapsed
without making the payment, and it was held that no adoption by
the company could relieve the persons from liability without the assent
of the vendors. See, also, Scott v. Lord Ebury, L. E. 2 C. P. 255, where,
in the case of an advance being made to promoters of a company to be
repaid out of the calls on shares, it was held that on the collapse of the
1030
PATENTS.
by
either party
if minimum
number
of shares not
subscribed
within certain
time.
Rescission
also, if agree-
ment not
adopted
by company
by certain
date.
Agreement to
be filed before
issue of
shares.
6. Either party hereto may in writing rescind this agreement
unless before the - - day of - - next - - shares at least
of the company shall have been duly subscribed for and
per share at least paid by the subscribers thereon.
7. If this agreement shall not be adopted by the company before
the - - day of - - next (x) either party may by writing re-
scind the same.
8. This or some other contract in writing constituting the title
of the allottee to the allotment, together with any contract of sale,
or for services or other consideration in respect of which the
allotment shall be made (if any such there be) shall, within one
month of allotment, be filed by the company with the Registrar
of Companies.
IN WITNESS, &c. (/).
THE SCHEDULE.
9. AGREEMENT betiveen JOINT APPLICANTS for a Patent,
defining their respective INTERESTS and POWERS on
working SEPARATELY.
Recitals. AN AGREEMENT made, &c., BETWEEN A. B., of, &c., of the
Joint appli- one p&rt, and C. D., of, &c., of the other part: WHEREAS the said
Acceptance of P ar ties on the - - day of - - last jointly applied for letters
complete patent for the United Kingdom and the Isle of Man in respect of
an invention for, &c.: AND WHEREAS the complete specification of
company without payment, and notwithstanding its adoption of the con-
tract, the promoters were personally liable. Clause 5, above, is therefore
essential to the discharge of C. D. Further, the next two clauses provide
for rescission by either party. It seems impossible, however, to contend
that C. D. would be liable at all under the above form of agreement as it
stands, except in the case of his refusal to assent to the assignment to the
company. This exception will apparently prevent the above agreement
from being treated as a contract in which one of the parties shall not be
personally liable. Such a stipulation, if expressed at least in the con-
tract, would be void, as being repugnant to the nature of a contract. See
the cases of Furnivatt v. Goombes, 5 Man. & Or. 736; Williams v.
Hathaway, 6 Oh. D. 544; and Wailing v. Lewis, [1911] 1 Ch. 414.
() Some day prior to the day of completion fixed by Clause 3.
(y) For a clause as to service of notices, see Sp. Cl. 51, post, p. 1165.
AGREEMENTS. 1031
the invention was accepted on the -- day of - last: AND Desire to
WHEREAS the said parties are desirous of defining the terms and respective
conditions under which they respectively shall use, work and vend interests.
the said invention and letters patent. NOW IT IS HEREBY
AGREED as follows:
1. The said A. B. shall henceforth be entitled to use, work, and Exclusive use
vend the said invention, and assign, grant licences in respect of, and ^stricte to
otherwise deal with, the said patent, for the residue of the term to one or the
be comprised therein, and any extension thereof, to the exclusion
of the said C. D., for the districts or places mentioned in the first
schedule hereto, as effectually in all respects as if he were the
absolute owner of the said patent for such districts or places, and
the said C. D. shall henceforth be entitled to similar rights for the
like period or periods to the exclusion of the said A. B. in and for
the districts or places mentioned in the second schedule hereto.
2. Except as aforesaid, each party shall be at liberty to work Except as
the said patent and grant licences in respect thereof for his own ^^may
exclusive benefit, for any district or districts or place or places work for any
within the United Kingdom or Isle of Man, at any annual royal- gianT licences
ties he may think proper, without the consent or concurrence of at royalties
the other party, and shall not be liable to account for any profits accounting.
or royalties received by him thereby or thereunder, but shall not Licences at
grant any such licences at fines or premiums unless with such be granted
consent or concurrence, and all fines, premiums, or other moneys J oiu %-
(except royalties) payable under any such licences shall be divided
equally between the said parties (0).
3. The fees for the continuance or renewal of the patent shall Fees, how
be the annual ones, and together with any fees payable for exten- P a 7 aWe -
sion of the times of renewal respectively shall be borne equally
between, &c. [Clause 6 (a), ante, p. 1015.]
4. This agreement shall as far as possible also apply to any Agreement to
patent obtained by the parties for any improvement, addition, or *mprovs any
discovery hereinafter mentioned. ments, &c.
5. Each party shall from time to time after making any im- improve-
provement in, &c. [Clause 8, ante, p. 1017, " subject to the terms {?har * c ' *
of Clause 4 hereof."] equally in
terms hereof.
(z) Licences at fines or premiums will be granted by the co-owners
jointly, and the payments made accordingly, so that there seems no need
for providing for accounts between them.
1032
PATENTS.
Transmission
6. Except where in any case the context requires a different
interpretation, &c. [Transmission Clause as ante, p. 1017] (a).
IN WITNESS, &c.
FIRST SCHEDULE.
SECOND SCHEDULE.
10. AGREEMENT for WORKING and SELLING an INVENTION,
in respect of which an APPLICATION for a PATENT has
been made, for the JOINT BENEFIT of the INVENTOR
and ANOTHER PERSON.
Parties.
Recitals of
application
for patent ;
of acceptance
of specifica-
tion ;
of agreement
for arrange-
ment as to
working, &c.
the invention.
Tatittinn.
Agreement.
< '.ipituliM to
contribute
8inn for
expenses.
Inventor to
endeavour to
obtain patent,
nnd assign the
same when
required.
AN AGREEMENT, made the day of
19 , BETWEEN
[inventor], of, &c., of the one part; and [capitalist], of, &c., of
the other part. WHEREAS the said [inventor] has, under the
Patents and Designs Act, 1907, made an application, dated the
- day of , 19 , number - , for a patent for an inven-
tion of [title of invention], which application was accompanied by
a complete specification: AND WHEREAS the said complete speci-
fication has been accepted: AND WHEREAS the parties hereto agreed
to enter into the arrangements hereinafter mentioned in respect
of the said invention, and application, and the patent to be ob-
tained thereupon. NOW THESE PRESENTS WITNESS
that it is hereby agreed as follows, that is to say:
1. The said [capitalist] shall, immediately upon the execution
of these presents, pay to the said [inventor] a sum of , to be
applied by him towards the expenses of working and developing
the said invention.
2. In consideration of the payment so agreed to be made as
aforesaid, and of the agreements on the part of the said [capitalist]
hereinafter contained, the said [inventor] shall use his best en-
deavours to perfect the said invention, and to obtain the grant
of the said patent in his own name, and shall, whenever required
by the said [capitalist] after the granting of such patent, assign
the same, so that the same premises may be legally and bene-
(o) As the agreement may be taken to be a final, and not an executory,
instrument, it should be executed as a deed. If by deed, it should also
be registered after the sealing of the patent, as conferring legal rights
(by way of licence, at least, if not assignment).
AGREEMENTS. 1033
ficially vested in the said parties hereto as tenants in common in
equal shares, and the said parties hereto shall as well before as
after such assignment, be entitled to the said patent in the shares
.aforesaid.
3. The said [inventor], without any further remuneration than Inventor to
the moneys hereinafter agreed to be paid by the said [capitalist], imrove-
will communicate to the said [capitalist] all improvements which ment8 -
the said [inventor] has already invented, discovered, or made.,
or may, during the continuance of the said patent, or of any
other patent which may become subject to the provisions of these
presents, invent, discover, or make in, or in connection with the
said invention, and also all improvements, whether patented or
not, in, or in connection with the said invention, of which the said
[inventor] shall become the owner, or have the control.
4. The said [inventor] will also, at the expense in the first Inventor to
instance of the said [capitalist], such expense to be considered, foreign and
as an advance, and to be reimbursed as hereinafter mentioned, coloni fl
patents.
apply for, and endeavour to obtain in such foreign countries,
or British colonies, or dependencies, as the said [capitalist] shall
think proper, and shall require, the like privilege for the inven-
tion comprised in the application, and for any such improvements
as aforesaid; and will, as far as practicable, at the request and
expense, in the first instance, of the said [capitalist], such expense
to be considered as an advance, and to be reimbursed as herein-
after mentioned, render all such foreign and colonial patents, and
the said improvements available for the exclusive use of the said
parties hereto in equal shares; and execute and do every act, deed,
and thing which may be necessary or expedient for effectually
vesting the same in the said parties hereto in the shares aforesaid.
5. The said [capitalist] shall advance from time to time such Capitalist
monies as he shall think fit for working and developing the patent advances for
to be obtained on the aforesaid application numbered , or working and
the said foreign and colonial patents, or like privileges, or any invention,
such patents for improvements as aforesaid (all which patents and
privileges are collectively referred to as the " said patents "),
.and for defraying the costs and expenses of obtaining and com-
pleting the said patents respectively, and keeping the same on
foot, and for protecting or defending the same from, or obtaining
damages or other compensation for infringements, or otherwise
-defending the said patents, or of obtaining renewals and exten-
1034
PATENTS.
Charge of
advances on
patents.
Application of
royalties,
proceeds of
sale of patent
rights, &c.
sion of the term of the patents, or amending the specification^
thereof, or working, or developing the working comprised in the.
said patents (hereinafter referred to as the said patented inven-
tions), or introducing the same to the public, or exercising or
using the said patented inventions, or any of them, or any parts
thereof respectively, or for any purpose whatever in connectioa
with the said patents, or any of them; and the said advances,
and also the aforesaid sum of - shall be repaid to the
said [capitalist] as hereinafter mentioned; and if there shall at
any one time during the continuance of this agreement be owing
to the said [capitalist] in respect of such advances in the aggregate
the sum of , or upwards, then any excess of such advances
over the sum of , shall carry interest at the rate of 51. per
cent, per annum, from the date when such excess shall have become
due to the said [capitalist], until the same shall be paid.
6. All advances made by the said [capitalist] as aforesaid and
all interest shall be and the same are hereby charged upon the-
said patents as a first charge upon the same.
7. All monies which shall be received by way of royalties,
or otherwise, as the consideration for any licence granted for
the use of the said patented inventions, or any of them r
or any part thereof respectively, or which shall be received
as the proceeds of the sale or other disposition of the said patents,
or any share or interest therein, or which shall be received in
respect of any working, using, or exercising by or on behalf
of the said parties hereto, or either of them, of the said patented
inventions, or any of them, or any part thereof respectively, or
which shall in any manner whatever arise or be received out of,
or in respect of the said patents, or any of them, all which monies
are hereinafter referred to as " the proceeds of the said patents,"
shall be applied as follows that is to say, in the first place, in
payment of the costs and charges incurred with the consent of
the said [capitalist], attending the licence, sale, disposition, or
working in respect of which the same respectively shall be
received; and in the next place, and as a charge upon the
said proceeds of the said patents, and in priority to any
other payments hereinafter mentioned, in payment to the
said [capitalist] of all advances made by the said [capitalist]
as aforesaid, with interest thereon, in the events, and at
the rate, and in manner aforesaid; And in the next place,
in
AGREEMENTS. 1035
payment of all expenses of working the said patents (hereinafter
referred to as the patent expenses, and defined as hereinafter men-
tioned); And the balances which shall remain of the proceeds
of the said patents, after making the same payments aforesaid,
shall be divided between the parties hereto in equal shares.
8. For the purposes of this agreement, the expression " patent Definition of
expenses " shall mean and include all moneys which, with the con- " P atent
expenses.
sent of the said [capitalist], shall be expended for any of the pur-
poses mentioned in the 5th Clause of these presents, which shall
not have been defrayed by moneys advanced by the said [capitalist].
9. There shall be set aside yearly out of the aforesaid pro- Reserve fund.
ceeds of the said patents and premises, after payment of the
said costs, charges, and interest (if any), and of the said patent
expenses, such a sum, not exceeding - in any one year, as
the said [capitalist] shall think proper, as a reserve fund for
meeting contingencies, and providing moneys for working and
developing the patents, or for any of the purposes mentioned in
the 5th Clause of these presents, and such reserve fund may from
time to time be drawn upon and applied for any of the purposes
aforesaid, as and whenever the said [capitalist] shall think fit.
10. The said [inventor] shall give as much time and attention Inventor to
as may be necessary for working and developing the said patented a
inventions, and shall use his best endeavours to promote the success working
thereof, but the said [capitalist] shall not be bound to give more
time or attention thereto than he shall think proper.
11. During the continuance of the arrangement hereby made, Neither party
neither of the said parties hereto shall, without the consent of j^J^'f &c
the other of them, grant or agree to grant any licence for work- without con-
ing the patented inventions, or any of them, or any part thereof,
or sell or dispose of his share or interest in the said patents or
any of them, or any part thereof, or use or exercise the said
invention, or make any payment, or incur any expenses, debts,
or liabilities in respect of the said patents or patented inventions,
and in case any payment, debt, or liability shall be so made or
incurred without such consent, the same shall be made or incurred
on the separate and individual account of the party making or
incurring the same, and shall be borne by him exclusively, with-
out any right to resort to the proceeds aforesaid of the said patents,
and the other of the said parties hereto shall be indemnified by
him in respect of the same.
B. VOL. ii. 12
1036
PATENTS.
Inventor
alone to work
the patent ;
rendering
accounts to
capitalist.
Inventor to
take all pro-
ceedings
necessary for
protecting
patents.
Clause
negativing
partnership.
Duration of
urrnug'cini'Dt.
12. The said patents, patented inventions, and premises shall
be worked, and the business thereof shall be carried on in the
name of the said [inventor] alone as patentee; and proper accounts
shall be kept by him of all payments made, and moneys received,
and liabilities incurred in respect thereof, and of all transactions
relating thereto, and all moneys received in respect of licences,
sales, and dispositions or otherwise, in respect of the said patents,
shall be paid into a bank to an account to be kept in the joint names
of the said parties hereto, and shall not be paid out except upon
the joint cheque of both parties. The books of account and other
documents shall be kept in the custody of the said [inventor] at
his office or such other place in London as the said parties hereto
may agree upon, but so that the said [capitalist] may at any time
have access thereto. The accounts relating to the said patents,
patented inventions, and premises shall be made up and balanced
half-yearly on the day of , and the day of - ,
or oftener if the said parties hereto shall so agree.
13. The said [inventor] shall, during the continuance of the
arrangements hereby made, take all such proceedings as the said
[capitalist] shall require for keeping up the said patents, and pro-
tecting and defending the same from, and obtaining damages or
other compensation for, infringement, or otherwise defending the
said patents, or any of them, or obtaining renewals or extensions
of the term of the said patents, or any of them, or amending the
specifications thereof; and the costs and expenses of all such pro-
ceedings as last aforesaid shall be defrayed in the first instance
by the said [capitalist], and shall be considered as advances by
him within the meaning of the 5th Clause of these presents, and
so far as not defrayed by the said [capitalist], shall be considered
as part of the patent expenses as hereinbefore defined.
14. Nothing herein contained shall be construed as constituting
a partnership between the said parties hereto.
15. The arrangement hereby entered into shall remain in force
until the expiration of the term of the patent to be granted in
respect of the said application, number aforesaid, and of any
renewal or extension thereof, and during any further patents,
whether British, Colonial, or foreign, to be obtained for the said
invention, or any such improvements as aforesaid, in case both
the said parties hereto shall so long live: PROVIDED ALWAYS that
it shall be lawful for the said [capitalist] at any time hereafter, to
AGREEMENTS. 1037
determine the said arrangement, upon giving to the said [in- Proviso for
ventor], or leaving for him at his last known place of business or arrangement
-abode in England, calendar months' previous notice in writ- b ^ no * ice -
ing of an intention so to do: And in the event of the
said arrangement being determined by the death of either party,
or by notice as aforesaid, the said patents, and any extension OT
renewal thereof, and the proceeds of the said patents to be received
in respect of any licences, sales, working or using of the patented
inventions which have been granted, effected, or taken place pre-
viously to such determination as aforesaid, shall, subject to the
payment thereout of the costs, charges, advances, interest, and
patent expenses as aforesaid (subject to any charge thereon under
the provisions hereinbefore contained in favour of the said
[capitalist] for unpaid advances and interest), belong to the said
parties hereto in equal shares; and each of the parties hereto, or
their respective executors, administrators, or assigns, shall thence-
forward be at liberty and entitled to work, use, and exercise the
said patented inventions, and to grant licences (not being ex-
clusive licences) for working and using the same, or to sell, assign,
or otherwise dispose of his share and interest in the said patents,
without being liable to account to the other of such parties, his
executors, administrators, or assigns, for the profits, royalties, or
.moneys to be derived from the same.
As WITNESS, &c.
11. AGREEMENT to grant EXCLUSIVE LICENCE for District
Condition Precedent to purchase EXPECTED CARGO of
RAW MATERIAL from Foreign Island for manufacture
of Patent commodity CONTENTS OF LICENCE as in
Schedule, including provisions for FURTHER PURCHASES
of Raw Material ANALYSIS by CHEMISTS Determina-
tion of Agreement in certain events (6).
AN AGREEMENT made, &c., BETWEEN A. B., of, &c., of the
-one part, and C. D., of, &c., of the other part: WHEREAS by letters Recitals,
patent under the Great Seal of the United Kingdom, dated, &c.,,
and numbered , the sole and exclusive licence and authority of
(&) The licence founded on this agreement is set out, post, p. 1103.
12(2)
t038
PATENTS.
Grant of
patent and
devolution.
Concession to
A. B. to
.- M p 1 1 for,
&c. raw ma-
terial from
foreign
island.
Raw material
suitable for
the invention.
C. D. in
business.
C. D.'s desire
to obtain
licence for
certain coun-
ties.
Cargo of raw
material in
course of
shipment to
A. B.
making, using, exercising, and vending in the United Kingdom,,,
the Channel Islands, and Isle of Man, an invention for, &c. [name
of invention], were granted to [A. B.], his executors, adminis-
trators, and assigns, for the term of fourteen years from the -
day of , 19 (c) . [Recite devolution (if any] of title] (d) . AND-
WHEREAS by an instrument in writing or acte d'autorite dated,
&c., under the seals of , &c. (hereinafter called " the said con-
cession"), the said A. B. has obtained from the Government of
- the sole and free right and liberty to search, dig for, obtain,
and take away in and from the Island of - - in the - - Sea
within the limits therein mentioned all kinds of, &c. [name of
raw material], subject to such royalties or duties as therein men-
tioned, for the term of seven years from the day of de-
terminable and renewable as therein provided: AND WHEREAS the
said [raw material] is the principal ingredient for the manufacture
of, &c. [the patent material], and usually contains a considerable
proportion of - - acid: AND WHEREAS the said O. D. is estab-
lished at - - aforesaid as a manufacturer of chemicals of various
kinds: AND WHEREAS the said C. D. is willing to take a sole
and exclusive licence from the said A. B. to manufacture chemicals
according to the said invention and to sell the same (e~) within the
counties of , &c., &c., and the said A. B. is willing to grant the
same upon the terms hereinafter appearing: AND WHEREAS the
said A. B. has been advised by his agents at the said Island that
a quantity of the said [raw material] not exceeding probablj-
(c) "subject to the said A. B. filing a complete specification
of the said invention, and otherwise as therein provided,"
or, if complete specification already filed
" subject to a condition for making void the same if the speci-
fication filed by the said A. B. was not a complete one, and
otherwise as therein provided."
(d) E.g. "And whereas the said A. B. is entitled under an
assignment, dated, &c., and made between, &c., to the said in-
vention and letters patent, and the exclusive benefit thereof re-
spectively."
(e) A licence to "manufacture" patent articles within a district in-
cludes the right to sell the same within the district, and the sale thereof
carries with it the right to use the articles in any part of the whole
area covered by the patent, unless the patent provides otherwise.
AGREEMENTS. 1039
- tons is being shipped bj the vessel Neptune for delivery to
the said A. B., and may be expected to arrive in the Thames about
the end of - next : AND WHEREAS it was one of the said terms Payment of
that the said O. D. should pay to the said A. B. the sum of - consideration
which sum has already been paid, and the receipt whereof is hereby for this agree-
acknowledged. NOW IT IS HEREBY AGREED as follows: ment '
1 . The said licence shall be granted as from the date on which Licence to be
the said O. D. shall have completed the purchase of the said cargo
now in course of shipment as aforesaid as hereinafter provided, and cargo by
shall be for the residue of the term of fourteen years comprised in
the said patent and any extension thereof.
2. The prices to be paid by the said C. D. for the different quali- Prices in cash
ties of material comprising the said cargo shall be paid in cash amounTof
after the said cargo shall have been analysed as hereinafter pro- ~ , a id
vided and delivered to the said O. D. free ex ship in the River analysis in
Thames, and shall be as follows, namely, for such quantity thereof m aterfal 8
as after analysis aforesaid shall be found to contain not less than
- per cent, of - acid the price of -- per ton, and for such
quantity as shall be found as aforesaid to contain less than - per
cent, and not less than - per cent, of - acid a price per ton
less than the said sum of - in the proportion thereto .which
such lesser percentage of - acid shall bear to the - percentage
thereof, and any quantity of the said cargo found as aforesaid to
contain less than - - per cent, of - - acid may be refused by
the said 0. D.
3 . Any difference between the parties as to the percentage of Analysis by
acid in the different quantities of material aforesaid com-
prising such cargo shall be referred to the arbitration of some
competent and well-known chemist in Great Britain, or of two
such chemists, one to be appointed by each party hereto, and
Clause 9 hereof shall with the necessary modifications be ap-
plicable to any such reference.
4. The said licence shall contain covenants and provisions to Terms of
the effect of those mentioned in the schedule hereto (/), and (to-
gether with a counterpart thereof which shall be duly executed and
delivered by the said O. D.) shall be prepared by the solicitors of
the said A. B., and all expenses attending the preparation and
(/) Or state that the said licence shall be in the form set out in the
schedule hereto. For this form, see post, p. 1103.
1040
PATENTS.
Agreement
may be deter -
mined by
C. D. in
certain events.
Agreement
determined by
A. B. if C. D.
not purchase
first cargo
subject to
right of
action for
damages.
Death of
C. D. before
completion to
cancel agree-
ment and
result there-
from.
Service of
notices.
Arbitration
clause.
execution of this agreement and of the said licence and counter-
part shall be borne by the parties equally.
5 . If from any cause whatever the said or any similar cargo-
from the said Island shall not be delivered subject to analysis afore-
said at or before the - - day of - - next, or such analysis shall
disclose that not more than - tons thereof shall be suitable for
purchase as aforesaid, the said 0. D. may refuse to purchase the
same or any part thereof, or accept the said licence, and such refusal
shall operate to determine this agreement as from the said -
day of - - next, and in that case the said O. D. shall have no
claim against the said A. B. in respect of the payment of the said
sum of or for damages or compensation in respect of such.
non-delivery or otherwise, and if the said letters patent shall
from any cause whatever before the grant of the said licence
become wholly or partially and substantially void and be incapable
of being restored, this agreement shall thereupon become void, and
the said C. D. shall be entitled to the return of the said sum of
but without interest thereon or any costs, damages or com-
pensation whatever.
6 . If the said C. D . shall for one calendar month after he shall
have received notice in writing from or on behalf of the said A . B .
that the said first cargo has arrived, omit or refuse to concur in
the analysis thereof as aforesaid, or after such analysis shall have
been made to purchase the same or part thereof as aforesaid, the
said A. B. shall be at liberty to treat this agreement as determined,
without prejudice to his right of action for damages on account of
such omission or refusal.
7. The death of the said C. D. before the amount of purchase-
money payable in respect of the said first cargo shall have been
ascertained, or before the said licence shall have been granted, shall
operate to cancel this agreement as from the date of such death,;
and in that case no claim for compensation or payment or return
of moneys (except the repayment of the said purchase-money if thd
same shall then have been ascertained and paid) shall be made by
or on behalf of either party hereto or his estate against the other
of them or his estate by reason of such rescission.
8. Any notice intended, &c. [Use Sp. Cl. 51, post, p. 1165.]
9. If any difference shall arise between the parties hereto, other
than the difference referred to in Clause 3 hereof, in respect of the
AGREEMENTS. 1041
construction hereof, or their respective rights, duties, or liabilities
hereunder, the same shall be referred to the award and deter-
mination of two arbitrators, to be chosen one by each party hereto,
and in case the said arbitrators disagree, or fail to make an award
within months after entering on the reference, or after having
been called on to act, by notice in writing from any party to the
submission, then to the award, umpirage, and determination of
such person as the said arbitrators shall appoint as umpire.
IN WITNESS, &c.
THE SCHEDULE.
12. AGREEMENT -for an EXCLUSIVE LICENCE to SELL
Articles FRENCH PATENTEE BRITISH PATENT to be
obtained in JOINT NAMES and then VESTED IN LICENSOR,
SUBJECT to a COVENANT TO GRANT the Licence LICENSEE
FIRST TO ESTABLISH HIS BUSINESS, and BUY a certain
number of ARTICLES from FRENCH FACTORY TERMS OF
LICENCE as in Schedule, including as to MONTHLY SUP-
PLY of Articles by LICENSOR (g) .
AN AGREEMENT made, &c., BETWEEN A. B., of, &c., of the
one part, and C. D., of, &c., of the other part: WHEREAS the said Recitals.
A.B. is entitled to a Brevet d'Invention dated. &c., and numbered, A. B. entitled
to French
&c., granted to him for the sole and exclusive privilege of using patent.
and vending within the Republic of France a certain invention
described as, &c., for the term of fifteen years from the - day of
- 19 : AND WHEREAS the said C. D. at his own expense in Complete pro-
pursuance of an agreement in this behalf and with a view to the t ^^ n t ~ n i s
execution of this agreement obtained in his own name on the country by
- day of - last the acceptance of a complete specification na me as
numbered - - of the said invention for the United Kingdom and a ent -
Isle of Man: AND WHEREAS the said A. B. is established at - A. B.
in the Department of - aforesaid in the business of manuf actur- j^an^as
ing articles according to the said invention : AND WHEREAS it was manufacturer
... . , of the patent
also agreed that the said U. D. should in consideration 01 the articles.
trouble and expenditure of moneys by him in respect of the said C. D. desirous
(j7) The licence founded on this agreement will be found at p. 1109.
104'J
PATENTS.
exclusive
to *ell the
Operative
part
vested in
C D to 17 '
t-stabiish him-
ness'of selling
the articles.
C. D. ready
su'f 1 forfir8t
After A. B.
British '
patent, &c.
he shall
supply C. D.
of articles at
schedule.
Duration of
licence and
contents as in
schedule.
application as aforesaid have the sole and exclusive right within
the United Kingdom and Isle of Man as hereinafter provided to
se n articles manufactured as aforesaid by the said A. B. and to
be supplied by him to the said C. D. NOW IT IS HEREBY
AGREED as follows:-
1. The said C. D. shall at his own expense as speedily as may
be obtain a grant of the British patent in the joint names of the
parties hereto and then forthwith release his interest therein to the
***& A. B. subject to the terms of this agreement hereinafter con-
tained(A).
2. Within - - calendar months from the date hereof, the said
C. D. shall establish himself in the metropolis of London in the
business of selling the said articles.
3. AS soon as the British patent shall be obtained and vested in
the said A. B. as aforesaid, and the said A. B. or any person -or
persons deputed by him for this purpose shall be satisfied that the
said 0. D. is in a position to commence the said business, and on
payment by him to the said A. B. of the purchase-money for the
first quantity of articles to be supplied to him as hereinafter pro-
vided, the said A. B. shall execute a licence to the said C. D. in
the terms hereinafter mentioned.
4. As soon as the British patent shall be vested in the said A. B.
and he shall be satisfied that the said C. D. is in a position to corn-
nience the said business, he shall supply the said C. D. with 500
.,. , . . ,. ir> i
of the said articles in equal quantities according to the nve classes
thereof, and any further quantity not exceeding 1000 in number
of all or any classes or class thereof as the said C. D. shall require,
an d all such articles shall be paid for in cash at the respective
prices mentioned in the first part of the schedule hereto.
5 ^ ^hc said licence shall be granted for the residue of the term
. . .
to be comprised in the British patent and any extension thereof (i)
(A) 0. D. may be supposed to be unwilling to be ousted from his position
as an applicant. By becoming a co-grantee, and then releasing his in-
terest, subject to a covenant by the inventor to grant the licence, he
makes sure of the licence as nearly as may be. It is to be presumed,
however, that this agreement, if under seal, would operate as a full licence
after the grant of the patent and the performance of the conditions
precedent, if no formal licence should be granted, and that the agreement
could be registered in due course accordingly.
(i) As to applications for extensions, see sect. 18 of the Act of 1907.
AGREEMENTS.
1043
and shall contain covenants or provisions to the effect of those
mentioned in the second part of the schedule hereto and, &c. [As
in Clause 4 of last Precedent.]
6. This agreement shall determine if the British patent shall Agreement to
111 i i p i j> i " determined
irom any cause not attributable to the neglect or default 01 the in certain
said C. D. to obtain the same not be obtained at all, or if the events -
said C.D. shall become bankrupt, or commit any act of bankruptcy
whether available for adjudication or not, or if the said A. B. shall
omit or refuse to supply the said articles as mentioned in Clause 4,
or to grant the said licence, but the party determining this agree-
ment for any cause aforesaid shall give the other weeks'
previous notice in writing for the purpose, and any determination
-of this agreement shall be without prejudice to any cause of action
which may have then already accrued to either party hereunder.
IN WITNESS, &c. (fe).
THE SCHEDULE.
First Part.
[Price of Articles.]
Second Part.
[Provisions in Licence.]
13. AGREEMENT for SALE on the HIRE SYSTEM of a
Patent (EXCLUSIVE LICENCE until ASSIGNMENT) Pay-
ment of ANNUAL SUMS No ROYALTIES .
AN AGREEMENT made, &c. BETWEEN A.B., of, &c., of the one
part, and C. D., of, &c., of the other part: WHEREAS the said A. B.
claims to be entitled to the patent mentioned together with the
invention comprised therein in the schedule hereto: AND WHEREAS
the said C. D. is desirous of purchasing the said invention and
patent, and the exclusive benefit of all improvements or additions
to the said invention, or any new discovery useful for the manu-
facture of now (if at all) in the knowledge and possession of
(A;) This agreement had better be under seal, in order to operate as a
full licence, if necessary. (See note (h), ante.)
For clause as to service of notices, see Sp. Cl. 51, p. 1165.
PATENTS.
Exclusive
licence to
time of com-
pletion in
consideration
of payment
of first in-
stalment and
of agreement
to pay the
others.
Annual pay-
ments, when
to be made.
With interest
on any sum
in arrear
other than
last instal-
ment.
or which may hereafter be made by the said A. B. for the sum of"
, and until payment of the whole of such sum, of obtaining
a sole and exclusive licence in respect of the said invention, patent
and other premises aforesaid upon the terms hereinafter appearing.
NOW IT IS HEREBY AGREED AND DECLARED as
follows:
1 . In consideration of the sum of (I) now paid by the
said C. D. to the said A. B. (the receipt whereof is hereby ac-
knowledged) and of the payments respectively of the four annual
sums of - - and - as hereinafter provided
(which suras together with the said sum of - make up the
said sum of ), the said C. D. shall be entitled from the
date hereof to the sole and exclusive licence to use, work and
vend the invention and patent mentioned in the schedule hereto
for the period or successive periods hereinafter mentioned, and
subject thereto and otherwise as hereinafter provided to an assign-
ment of the same absolutely.
2. The said C. D. shall pay to the said A. B. the said sums
of and respectively at the following dates,
namely, the sum of on the day of , 19 (m), the sum
of on the day of - , 19 , the sum of - on the
- day of - , 19 , and the sum of on the day
of-
, 19 . And in case any sum aforesaid or part thereof shall
become in arrear for one calendar month (whether demanded or
not), shall also pay to the said A. B. interest on such sum or part
thereof in arrear at the rate of five per cent, per annum from the
day "herein appointed for payment until the actual time of payment
thereof.
Clauses
37.
[For Clauses 3 7 as to non-assignment, &c. without consent,
not disputing the validity of the patent, detecting and giving notice
of infringements, payment of fees, &c. and defence of patent, &c. r
use Precedent 32, post, p. 1099] (n).
(I) This sum is to be the smallest of the instalments.
(m} The four dates above mentioned are to be at the end of the first,
second, third, and fourth years respectively from the date of the agree-
ment.
(n) Sec also contents of Precedent 36, p. 1116. In the above list, cove-
AGREEMENTS.
8. The said C. D. shall be entitled during the continuance of
-,-,. 11 i i i mente, addi-
tho said licence to the sole and exclusive right to every improve- tions, &c. to
ment in or addition to the said invention, and to every new
discovery useful for the manufacture of , which now are (if
at all) in the knowledge and possession of or which hereafter may
be made by the said A. B. [either solely or in conjunction with
any other person or persons, but in the latter case subject to his
or their rights therein respectively], as if every such improvement,
addition or discovery were part of the said invention, but shall
not be at liberty during the same period, unless at his own expense,
(to the extent however of at most) to require any patent to
be taken out in respect thereof (o), and further the said C. D.
shall, if he shall become entitled to an assignment of the said
invention and patent as hereinafter provided, be also entitled sub-
ject to [the rights (if any) of any such person or persons and to] the
payment by him to the said A. B. of the sum of , less the
amount of any expenses then already paid by the said C. D. in
respect of the grant of any patent taken out as aforesaid, to an
assignment at his own expense of the exclusive benefit of any
such improvement, addition, or discovery, and of the patent (if
any) granted in respect thereof, and to require the said A. B. free
of expense to the said 0. D. except as aforesaid, to take out or join
with the said C. D. [and all other necessary parties (if any)] in
taking out any such patent if the same shall not be then already
granted. PROVIDED ALWAYS that the said A. B. shall give notice
in writing to the said C. D. of any such improvement, invention,
or discovery, immediately after the same shall be made by the said
A. B. [as aforesaid], and shall, at the expense of the said O. D. as
to costs out of pocket (if any) occasioned thereby, communicate
and explain the same to the said C. D. as shall be reasonably re-
quired by him. PROVIDED ALSO that if the said C. D. shall for
weeks after the receipt of any such notice omit to require the
nants as to the use of the patent mark, the non-amendment of the speci-
fication, the non-subsistence of other licences, and the non-user by A. B.
of the invention, are omitted for the sake of brevity, and as being more
easily dispensed with than the others.
(o) As C. D. may not become entitled to an assignment of the existing
patent, he can hardly require a patent to be taken out at the expense of
A. B. for any improvement, &c., but will be entitled to the use of the
latter during the licence.
1046
PATENTS.
On payment
of all moneys
the purchaser
is to be en-
titled to an
assignment.
Payments to
cease or
(pending ap-
peal) be sus-
pended if
patent void,
but final
oesser to be in
satisfaction of
damages.
Power of
C. D. to
determine by
said A. B. to make any such communication and explanation (if
not then already made), or shall for: weeks after the same shall
be made omit to give bhe said A. B. notice in writing of his
intention to obtain the benefit of any such improvement, addition,
or discovery, and any patent in respect thereof, according to the
terms aforesaid, or if bhe said C. D. after having become entitled to
the assignment of the said invention and patent as hereinafter
provided, and also to the benefit lof any such improvement, addition,
or discovery, and any patent in respect thereof as aforesaid, shall,
for the space of - - days after notice in writing shall have been
served on him by the said A. B. requiring him so to do, m'ake
default in payment of the said sum of , the said A. B.
shall be at liberty at any time thereafter to cancel the agreement
aforesaid, to assign the benefit of such improvement, addition, or
discovery, and any patent in respect thereof.
9. As soon as all the said sums of - and
and interest (if any) shall have been paid, the said C. D. shall be
entitled at his own expense to an assignment of the said inven-
tion and patent (p) absolutely, and such assignment shall contain
covenants by the said A. B. as to his title to the patent as
beneficial owner, and also a covenant by him limited to his own
acts and defaults as to the validity thereof, which covenants re-
spectively are also to be implied herein, and to operate as from the
date hereof, and also a covenant and provisoes in the terms of
Clause 8 as to any improvements, additions, or new discoveries
aforesaid, then already or thereafter to be made by the said A. B.,
or in such of the said terms as may be unperformed at the date of
such assignment so far as they shall be applicable thereto.
10. If the said patent shall from any cause become wholly, or
as to some material part of the said invention void, the unpaid
balance not then already due of the said purchase-money, &c.
[Use Clause 2 of Licence, post, p. 1118, writing " agreement " for
" licence," and " yearly day " instead of " half -yearly day."]
11. The said C. D. may determine this agreement by serving
the said A. B. with three calendar months' notice in writing for
this purpose, expiring on or at any time before the said day
(p) The assignment of these existing patents for improvements, &c., is
provided for by Clause 8.
AGREEMENTS. 1047
of - , 19 (q\ and paying to him at or before the time .fixed notice before
for such determination all moneys (if any) then already due here- men t but one
under, but such determination shall be without prejudice to any due -
right of action by either party then already accrued hereunder (r) .
12. Provided always that if the said O. D. shall make default Vendor may
for two calendar months in payment of any one of the said annual Default ii
sums of or , or any part thereof, or for three payment of
calendar months in payment of the said sum of or any part ment! 18
thereof, whether any such sum or part shall be demanded or not,
then the said A. B. may at any time after such default by notice in
writing served on the said O. D. rescind this agreement, without
prejudice to the recovery of any moneys then already due to him in
respect of the said sums of or (s), or any interest
thereon as aforesaid respectively, or to any right of action then
already accrued to either party hereunder other than in respect of
the said sum of .
13. An acknowledgment and undertaking by the said A. B. Production,
under sect. 9 of the Conveyancing and Law of Property Act 1881 patent*,
shall as to every patent for the time being comprised herein until
an assignment shall be made thereof as aforesaid be implied
herein.
14. Except where in any case the context requires a different Transmission
-i A -r. i clause,
interpretation the expression the said A. B. or the said
C. D.," or any other expression designating the same person,
wheresoever used herein, shall extend and be construed to apply
also as far as possible to the assigns of the person so designated () .
IN WITNESS, &c. (w).
THE SCHEDULE.
(q) The day fixed for the payment of the last instalment but one,
namely, . This is, of course, a matter of arrangement.
(r) There will be no apportionment of any annual sum on determina-
tion, as such sums are not in the nature of income. The Apportionment
Act, 1870 (33 & 34 Viet. c. 35), s. 1, only applies to periodical payments
in the nature of income.
(s) Instead of rescinding, .the vendor can sue for specific performance.
() A licence is not assignable unless its terms so permit.
(w) The agreement should be under seal in respect of the licence, and
for the purpose of being notified on the register.
For a clause as to service of notices, see Sp. Cl. 51, p. 1165.
PATENTS.
Recitals.
Claim to
invention.
Desire of
C. D. to
acquire the
patent.
Orant of
exclusive
licence until
completion of
purchase.
Royalties
payable half-
yearly on
manufacture.
Accounts
kept., inspec-
tion, furnish-
ing of
accounts and
verification.
14. AGREEMENT for SALE ON THE HIRE SYSTEM of a
Patent (varying last Precedent) EXCLUSIVE LICENCE
until Assignment Premium ROYALTIES half-yearly
until total fixed MINIMUM paid.
AN AGREEMENT made, &c., BETWEEN A. B., of, &c., of the
one part, and C. D. of, &c., of the other part: WHEREAS the said
A. B. claims to be entitled to the patent mentioned together with
the invention comprised therein in the first schedule hereto: AND
WHEREAS the said C. D. is desirous of purchasing the said in-
vention and patent, and all improvements or additions to the said
invention, or other discoveries useful for the manufacture of - ,
now (if at all) in the knowledge and possession of or which may
hereafter be made by the said A. B., and until completion of the
purchase of obtaining a sole and exclusive licence in respect of the
said invention, patent and other premises aforesaid upon the terms
hereinafter appearing. NOW IT IS HEREBY AGREED as
follows:
1 . In consideration of the sum of this day paid by the
said C. D. to the said A. B. (the receipt whereof is hereby acknow-
ledged), and also in consideration of the covenants for payment of
royalties and otherwise as hereinafter expressed, the said C. D.
shall be entitled from the date hereof, &c. [as in Clause 1 of last
Precedent].
2. The said C. D. shall for each half-year ending on the -
day of - , or day of during the continuance of this
agreement pay to the said A. B. for every manufactured .by
the said C. D. or his sub-licensees (if any) under the said licence
the royalty mentioned in the second schedule hereto, according to
the size and description of the said .
3. The said C. D. shall keep at his usual place of business all
proper books of account, and shall make true and complete entries
therein at the earliest opportunities of all particulars necessary
or convenient for the purposes hereof relating to the manufacture
and sale of the [articles] made according to the said invention, and
the licences [or sub-licences] granted in respect thereof, and all
other dealings by him with or in relation to the said invention
and patent rights subject hereto, and to the said business, or any
of them, and shall balance his accounts at the end of each half-
year aforesaid; and shall at all times during the continuance and
AGREEMENTS. 1 0411
for the purposes hereof produce the said books to the said A. B.
or his agents or agent, and suffer him or them to inspect and make
copies of or extracts from the said books or any of them as and
when reasonably required by him or them, and shall give the said
A. B. or his agents or agent all information, and, at the expense
of the said A. B., evidence by stututory declaration or otherwise
as to the truth of any particulars aforesaid as and when reasonably
required by him or them [and shall pay the charges and expenses
(not exceeding ) of a chartered accountant (if any) employed
by the said A. B. for any half-year to investigate the said books
and state of the said business for the purposes aforesaid]; and
shall at the end of each half-year aforesaid send to the said A . B .
a full account and balance sheet for such half-year.
[For Clauses 4 and 5 as to manufacture according to the speci-
fication, and inspection of factory, use Precedent 31, post, p. 1098;
and for Clauses 6 10 as to non-assignment, &c. without consent,
not disputing the validity of the patent, detection, &c. of in-
fringements, payment of fe*es, dbc., and defence of patent, &c.,
use Precedent 32, post, p. 1100.]
11. The said C. D. shall be entitled during the continuance of improve-
the said licence to the sole and exclusive right, &c.[ Clause 8 of last P 1611 * 8 - & ?- to
DG comprised
Precedent as to Improvements, &c^\ \ herein.
12. If after taking the accounts for any half-year it shall be Assignment
found that the total amount of royalties from the date hereof up on P a 7 m f nt
"J * oi royalties
to the end of such half-year received by or payable to the said up to fixed
A. B. equals or exceeds the sum of , the said C. D. shall then
be entitled at his own expense, subject to the satisfaction by him
of all moneys then due hereunder, to an assignment of the said
invention and patent absolutely, and such assignment shall contain
covenants by the said A. B. &c. [ As in Clause 9 of last Precedent]
but until satisfaction of all moneys for the time being due here-
under, the said C. D. shall, before the execution of the said assign-
ment, continue to pay royalties as hereinbefore provided (a;).
13. If the said patent shall before the time when the said C. D. Royalties
shall first become entitled to an assignment thereof as aforesaid Curing **
proceedings,
(x] The interim royalties might be considered as somewhat in the nature
of interest on the purchase-money.
1050 PATENTS.
or to cease if become wholly or as to some material part of the said indention-
declared void, void, no royalties not then payable by reason of any - - already
but final manufactured by the said C. D. or his sub-licensees (if any) shall
ccssor co DA in
satisfaction of become payable, either at all, and in that case this agreement shall
absolutely determine, without prejudice to the payment of all
moneys then already due, or to any right of action by either party
then accrued hereunder, or (in the event of a successful appeal
from any judgment revoking the said letters patent), during the
period only for which such judgment shall remain in force; and
in the event of such an appeal, the right of the said A. B. to the
payment of the suspended and continuing royalties shall revive.
PROVIDED ALWAYS that the final oesser of payment as aforesaid
shall be deemed satisfaction in full to the said 0. D. of any claim
by him for damages or compensation by reason of the said letters
patent having become void as aforesaid.
Licensor may 14. Provided always that if the said 0. D. shall make default
a^eemenUn ^ or one calendar month in payment of any royalties due here-
certain events, under, or shall commit a breach of any other of his obligations
hereunder, and (where such breach is capable of being made good)
shall for the space of days after he shall have been served by
the said A. B. with a notice in writing requiring him to make
good the same omit so to do, or shall become bankrupt, or com-
mit an act of bankruptcy, whether available for adjudication or
not, or shall not in any half-year aforesaid manufacture by him-
self or his sub-licensees (if any) of the said articles at least
according to the said invention, or any improvement or addition,
thereto, or new discovery as aforesaid, then the said A. B. may at
any time thereafter, before the said O. D. shall become entitled to-
the assignment of the said invention and patent as aforesaid, by
notice in writing served on the said O. D. forthwith rescind
this agreement, but such rescission shall operate without prejudice-
to the recovery by the said A. B. of any royalties or other moneys
due at the time thereof, or to any right of action by either party
then already accrued hereunder (^/) .
Acknowiedg- [p or a Clause as to service of notices use Sv. Cl. 51. p. 1165,
iiit-iir. &c. and "L , _j T
transmission and for Clauses as to acknowledgments, &c. of the patents, and the
clauses.
(y) As the licensee need only stop using the invention, in order to avoid
further liabilities, no power is given for him to determine the agreement.
AGREEMENTS. 1051
Transmission Clause, see the last two Clauses of the last
Precedent.']
IN WITNESS, &c.
FIRST SCHEDULE.
SECOND SCHEDULE.
15. AGKEEMENT forming a SYNDICATE to PURCHASE a
CONTRACT FOR SALE of a PATENT, and to sell the Contract
or Patent to a Company or otherurise.
AN AGEEEMENT made, &c. BETWEEN A. B. of, &c.,and C. D.,
of, &c., of the one part, and the several persons whose signatures,
addresses and descriptions are given in the schedule hereto of
the other part: WHEREAS [recite the grant, title and ownership of Recitals.
the patent]: AND WHEREAS by a contract in writing dated, &c. Title of
and made between E. F. (hereinafter called the "vendor") of owners,
the one part, and the said A . B . of the other part, the vendor hath Contract to
agreed with the said A. B. for the sale to him at the price of 8elltoA - B -
of the said patent, together with the benefit of improve-
ments or additions thereto, and any discovery relating to the
manufacture of made or acquired by the vendor as therein
mentioned : AND WHEREAS on the execution of the said contract A. B. paid
the said A. B. paid the vendor the sum of part of the said de P 81t -
price: AND WHEREAS the several persons parties hereto have agreed ^' gr ^^ t
to unite in purchasing the benefit of the said contract, and to form hereto to
themselves into a syndicate for that purpose. NOW IT IS purchasing-
HEREBY AGREED AND DECLARED as follows: contract.
1 . A syndicate is hereby established between the several persons Syndicate
parties hereto (hereinafter called the "subscribers") for the formed '
purpose of acquiring the benefit of the said contract.
2. The capital of the syndicate shall be the sum of , Capital and
which shall be considered as divided into shares of -
each, and shall be subscribed for by the respective subscribers in
the number ,of shares mentioned opposite their respective signa-
tures in the schedule hereto.
'3. The said A. B. and C. D. shall be trustees of the syndicate, A.B. and
with power to make calls on the subscribers from time to time on trustees and
B. VOL. II. 13 their power,.
1052
PATENTS.
A. B. to be
credited with
Hum on his
shares as
consideration
of assigning
contract.
First call.
A. B. to
assign as
soon as
shares
subscribed .
Sale to
persons
or company
authorised
with power
for trustees to
form latter.
No dealings
with contract
or patents
other than by
sale except
with consent
of meeting.
Convening of
meeting-".
their respective shares, and to receive all moneys paid thereon, and
to conduct the affaire of the syndicate in such manner as they shall
think fit subject as hereinafter provided.
4. As the consideration for his assignment of the said contract,
the said A. B. shall be credited on the books of the syndicate with
a sum of in satisfaction of calls to the like amount in the
aggregate on the - - shares subscribed for by him hereunder
equally between them.
5. Subject to the last clause, and as soon as - - shares shall
have been subscribed for, the subscribers shall pay to the said A.B.
and C. D. the sum of on each share subscribed for by them
respectively by way of call thereon.
6. The said A. B. shall, at his own expense, as soon as -
shares shall have been subscribed for, and iall payments made under
the last clause, execute and do all such assurances and things as
shall be necessary to vest the said contract or his interest there-
under in himself and the said C. D. as such trustees aforesaid.
7. At any time after the said shares shall have been sub-
scribed for, the trustees may sell the said contract and the benefit
thereof, or after having acquired the said patent may sell the
same in its entirety, or for any district or districts, to any private
person or persons, or to any firm or joint stock company with
limited liability, and may form or promote the formation of any
such company, and agree to accept as the consideration for any
such sale a sum in cash or fully paid-up shares or debentures of the
said company, or other valuable consideration as they shall think
fit, subject to any resolution in general meeting which may be
passed by the syndicate as hereinafter provided (2).
8. No dealing with the said contract or the patent otherwise
than by way of sale as aforesaid shall take place unless the same
shall have been authorised by resolution as aforesaid.
9 . Three days' notice at least of any meeting shall be given to
the other subscribers by the persons convening the same, who must
be any five at least of the subscribers generally, including or ex-
(z) As to vendors being also promoters of a company, see New Sombrero
Co. v. Erlanger, 3 App. Cas. 1218; British Seamless Paper Box Co., 17
Oh. D. 467; and Lagunas Nitrate Co. v. Lagunas Syndicate, [1899] 2
Ch. 392.
AGREEMENTS. 1053
eluding the trustees or either of them, and all meetings shall be
held within a radius of - miles from, &c.
10. Each share shall confer one vote, which may be given by Votes.
proxy in writing, and a bare majority of the votes given at any
such meeting shall be sufficient to pass or veto the resolution.
11. This agreement shall become void if - shares aforesaid Agreement
shall not be subscribed for at or before the - day of -- next.i shares not
12. Any notice intended to be served by the trustees on any
subscriber may be served on him personally or, &c. [See Sp. Notices how
CL 51, post, p. 1165.] 8erved -
IN WITNESS, &c. (a).
THE SCHEDULE.
Signatures and Addresses of Subscribers.
Number of Shares Subscribed.
16. DEED OF PARTNERSHIP for WORKING a PATENT.
'THIS INDENTURE made the - day of , 19,
BETWEEN A. B., of, &c., of the one part, and C. D., of, &c., of Recitals,
the other part: WHEREAS the said A. B. is the sole and original Invention by
inventor (6) of certain improvements in the method of cleansing
wool and of removing the products: AND WHEREAS the said A. B. Application
made his application for letters patent in respect of the said patent and
invention on the day of last, and has obtained the ^"j^tion
acceptance of a complete specification in the like respect: AND accepted.
WHEREAS the said A. B. is possessed of divers plans, drawings, Plans, draw-
i /i f ln l= 8 > plant,
models, plant, machinery, implements, and things (hereinafter & c . owned by
*_ A. B.
(a) The agreement should be under seal.
(6) 0. D. will be estopped, if he executes the deed, from disputing this.
13 (2)
10.34
PATENTS.
Agreement to
enter into
partnership.
Tfntatnut.
Nature of
business
including
working the
invention.
Partnership
to continue
during exist-
ence of patent
rights if both
partners so
long live.
Name of firm.
Determina-
tion by notice
at end of
fifth or sub-
sequent year.
A. B. at own
expense
to obtain
home patent
in joint
names and at
expense
of partnership
obtain
foreign, &c.
patents.
called " tho said implements and effects ") now lying in or about
the messuage and premises No. , - - Street aforesaid, which
he has purchased or acquired for the purpose of exhibiting, utilis-
ing or working the said invention, whereof an inventory signed by
the said A. B. has been delivered to the said C. D.: AND WHEREAS-
the said parties have agreed to enter into a partnership for carry-
ing on the business of - - and working the said invention in
connection therewith upon the terms hereinafter appearing. NOW
THIS INDENTURE WITNESSETH that it is agreed and
declared as follows:
1. The business of the partnership shall be that of - , includ-
ing the using, working, and vending the said invention, and grant-
ing licences in respect thereof, and shall be carried on at No. ,
Street aforesaid.
2. The partnership shall commence from the date hereof, and
shall continue during the term granted by the letters patent (if'
any) to be obtained in respect of the said invention, and any
extension thereof, and during the subsistence of any other patent
or like righto which may become subject hereto.
3. The firm shall be styled "A. B. & Co."
4. The partnership may be determined as from the end of the
fifth year herefrom, or any subsequent year, by either of the
partners, subject to the service by him on the other partner of not
less than six calendar months' previous notice in writing for that
purpose.
5. The said A. B. shall with all due speed, and at his own
expense, procure the said letters patent to be granted in the joint
names of himself and the said C. D., and at his own expense apply
for and obtain in his own name in trust for the firm, patents or
like instruments for the colonies and foreign countries mentioned
in the Schedule hereto, all of which countries are members of the
International Union (c).
(c) The letters patent might, of course, also be taken out in the name
of A. B. only. In that case, unless the articles provide otherwise, the
letters patent will become assets of the firm. In Axmann v. Lund (1874),.
L. E. 18 Eq. 330, it was held that where the plaintiff and defendants
had worked in partnership a patent which was the property of the defen-
dants, the plaintiff was not estopped from disputing the validity of the-
patent. See Muntz v. Ghrenfell, 2 Coop. 61, n.
AGREEMENTS. 1055
6. The said A. B. shall be entitled to receive as hereinafter pro- A. B. to
vided the sum of 1,000 as a consideration for one moiety of the
said letters patent and of all other patent or like rights to be a sum for one
obtained in respect of the said invention at home or abroad. patent.
7. The said C. D. shall, immediately after the said letters After sealing
patent shall be obtained as aforesaid, pay to the said A. B. the A. B.parTof
sum of -- part of the said sum of 1,000, but the remainder 8aid 8U but
thereof shall not, except as provided by Clause 17, be payable by able out of
the said C. D. personally, and, except as provided by Clause 18,
shall be charged on the share of the said C. D. in the capital and
profits of the partnership, subject to his monthly drawings under
'Clause 1 1 , and shall from the time of dissolution of the partner-
ship as to any part thereof remaining unpaid bear interest at
the rate of 5 per cent, per annum.
8. The capital of the partnership shall be or be considered to be Capital.
contributed equally by and between the partners, and shall, subject
to Clause 18, consist of the said letters patent and colonial and
foreign patents, and of all improvements or additions to the said
invention, and discoveries useful for the manufacture of - ,
made by either partner during the partnership, and of the said
implements and effects, and also of a sum of - cash, which
shall be contributed as follows, namely - by the said A. B.
(he being in addition thereto credited with the sum of - as
the value of the said implements and effects), and - by the
said C. D., who shall not before the said letters patent shall bo
obtained and sealed be obliged to contribute any part thereof (d).
9. The bankers of the partnership shall be, &c. Bankers.
10. All outgoings of the business, including the annual sum of Outgoings,
- payable quarterly to the said A. B. by the partnership r " nt ' c '
by way of rent for the said premises (which sum shall be deemed
to cover all rates, taxes, and assessments whatsoever, but not the
insurance of the said premises), shall be payable out of the capital
(d) The cash to be furnished by A. B., added to the sum representing
the value of the implements and effects, is, of course, to be equal to the
amount of cash to be furnished by C. D. As the partnership might
become dissolved, under Clause 18, before sealing, C. D. would by that
clause be probably unable to recover the full amount of his contribution,
as part of it at least might go in the expenses of the partnership. As
the patents are to be partnership assets, there seems no reason to provide
that licences shall only be granted by the partners jointly.
1006
PATENTS.
Monthly
drawings.
All securities
given by firm
to be signed,
&c. by both
partners.
No goods sold
or work done
on credit
against
wishes of
other partner.
Goods bought
not to exceed
a certain
value unless
with consent
of both
partners
or partner
buying liable
for same.
and profits thereof, or in cose of deficiency then by the partners
equally.
11. After the expiration of six calendar months from the time
when the said letters patent shall have been obtained, the said
partners shall be entitled to draw out from the funds of the
partnership sums for their separate use respectively at .the end of
every ensuing calendar month, namely as to the said A. B. the sum
of , and as to the said C. D. until satisfaction of the said
sum of (e) the sum of only, and after satisfaction
thereof the sum of (/), subject to the liability at the end
of each current year for each partner to refund to the partner-
ship any excess of his drawings for that year over and above his
moiety of the net profits for that period.
12. All bonds, bills, notes, or other securities given, accepted, or
indorsed on account of the partnership, shall be executed, accepted,
signed, or indorsed by both parties in their respective names, and
not in the name of the firm, unless the use of such name thereto
respectively shall be plainly necessary for the benefit of the
partnership, and all such securities, except as aforesaid, not so-
executed, signed, or indorsed, shall be deemed to have been given
only on the account of the partner who alone executed, signed, or
indorsed the same, and not of the firm (g).
13. Each partner shall guarantee to the firm the prices due for
goods sold, or work undertaken or done by him or his direction,,
on behalf of the firm on credit, to or for the benefit of any person
or persons contrary to the wishes of the other partner as expressed
by him in writing, and shall, on the annual account day next after
the times when the said goods were sold or work undertaken or
done respectively, account for the prices thereof accordingly.
14. Any goods ordered or bought by either partner without the
written consent thereto of the other partner exceeding the value
of shall at the option of such other partner be either treated
as goods of the firm or as the separate property of the partner who
ordered or bought them, and be paid for accordingly.
(e) The balance of the 1,000.
(/) The same as A. B.
(gr) A member of an ordinary trading partnership can bind the firm
by drawing, accepting, or indorsing bills of exchange, or by making or
indorsing promissory notes in its name.
AGREEMENTS. 1057
15. Proper and full accounts and valuation shall be taken and Yearly
made on the last day of each current year of the partnership of valuation.
the moneys, debts, liabilities, property, and effects of the firm,
and shall be recorded in two books, and in each thereof signed by
both partners within - calendar months after the end of such
year, and each partner shall retain one of the books, and, except
where any manifest error shall be found therein within six
calendar months after the signatures shall have been entered
therein as aforesaid, shall be bound by such accounts and valua-
tion. !
16. The net profits of the said business shall be divided equally Equal
between the partners, subject as to the moiety therein of the said ^^won of net
C. D. to the said charge in favour of the said A. B. to balance of
17. If the partnership shall be determined by the said C. D. by Jn^^ovit of
notice under Clause 4, the said C. D. shall be liable personally to C.D.'s share.
pay to the said A. B. the said sum of -- , or such part thereof personally^
as shall then remain unpaid, and the same shall together with pay balance of
interest thereon at the rate of 5 per cent, per annum from the date
of such determination be <a charge on the share of the said C . D . in he determines
partnership.
the capital and profits of the partnership (h*).
18. If either partner shall, before the letters patent shall be If either die
sealed, die, or become bankrupt, or commit an act of bankruptcy, bankrupt
whether available for adjudication or not, the partnership shall ^fore sealing-
thereupon determine, and in that case the interest of the said C. D. it shall vest
or his representatives in the said invention, letters patent and other ^^or hilT
patents or like instruments aforesaid, or the right to obtain and represen-
hold the same respectively, and all other (if any) inventions and
patent or like rights then comprised herein, and also the said
implements and effects or other like implements and effects then
belonging to the partnership, shall enure for the benefit of the said
A. B. or his representatives, subject to the satisfaction of all
liabilities (if any) of the partnership, and of all lawful claims by
or on behalf of the said C. D. or his representatives against the
assets of the partnership, or against the said A. B. or his repre-
(&) Should A.B. by misconduct try to force 0. D. to dissolve, the
latter should apply to the Court for an injunction against the acts com-
plained of. It is presumed that a judgment for dissolution in the action,
even if prayed for by C. D., would not involve the infliction of the above
personal penalty, as the dissolution would not have been effected by
mere notice .
1058
PATENTS.
Option to
purchase de-
ceased part-
ner's share of
Satent if
eath after
sealing but
within two
years from
date hereof.
Subject
as aforesaid
surviving
partner may
purchase
share of
deceased
in the assets.
sentatives, in respect of any moneys brought by the said C. D.
into the partnership or otherwise, and accordingly the said 0. D.
or his representatives shall, at the request and cost of the said
A. B. or his representatives, execute and do all such assurances
and things as may be necessary or convenient for vesting the
entirety of the said inventions, letters patent, patents, instruments,
and rights, and also the said implements and effects respectively,
in the said A. B. or his representatives, or his or their assigns
as by him or them shall be reasonably required (*).
19. If the dissolution of the partnership shall take place by
reason of the death of either partner after the sealing of the said
letters patent, but within two years from the date hereof, the other
partner shall (but if he shall be the said C. D. then subject to his
satisfaction of the said balance (if any) and interest thereon from,
the time of such death) have the option, to be exercised by him in
writing within calendar months from the time of such death,
to purchase the interest of the deceased partner in the said inven-
tions, letters patent, patents, instruments and rights, and also;
the said implements and effects as then lately comprised in the
partnership at the price of .
20. Except and subject as hereinbefore provided, if either
partner shall die in the first year of the partnership, his executors
or administrators shall only be entitled to the amount of capital
brought in by him which shall or ought to be standing to his
credit in the partnership books, and not to any further sum by
way of profits or otherwise, except any sum or sums properly due
to such deceased partner in respect of his monthly drawings as
aforesaid, which sum or sums shall be payable on demand, but if
either partner shall die in any subsequent year of the partnership,
his executors or administrators shall be entitled to his share in the
partnership assets as they shall be found to have amounted to on
the last previous yearly day hereinbefore appointed for taking a
(t) By Clause 8, 0. D. is not obliged to bring in any moneys before
the sealing of the patent, and, by Clause 7, he is not, before the sealing,
to pay any sum for his share of the various patents. A. B., his exe-
cutors or administrators, or his assignees in the bankruptcy (if so)
should therefore, in either of the above events, be entitled to the full
benefit of the patents. It is to be supposed that little business will be
done, or liability incurred by the firm, before the sealing.
ASSIGNMENTS.
Taluation of the said assets, and also to such sum or sums (if any)
as shall since such yearly day have been brought by the deceased
partner into the partnership, and also (in lieu of profits but subject
to deductions as to all intermediate monthly drawings by the
deceased partner as aforesaid) to interest up to the date of the
death of the deceased partner at the rate of five per cent, per
annum on the value of such share as from the same yearly day,
and also on such sum or sums (if any) last aforesaid as from
the time or respective times when the same was or were so brought
in, which interest respectively shall be payable by the surviving!
partner on demand, and the principal sum so found due to the
estate of the deceased partner shall be payable by the surviving
partner in six equal instalments at half-yearly intervals, the first
whereof being payable at or before the end of nine calendar months
from the date of the death of the deceased partner, and each
instalment until payment thereof shall bear interest from the
same date at the rate of five per cent, per annum, and the sur-
viving partner shall at his own expense, if and when required by
the said executors or administrators so to do, enter into a bond or
deed of covenant for payment of the said instalments and interest
in manner aforesaid.
IN WITNESS, &c. (fc).
17. ASSIGNMENT of a PATENT with benefit of IMPROVE-
MENTS, &c.
(Ordinary Form.}
'THIS INDENTURE, made the - day of - , 19,
BETWEEN A. B., of, &c. (hereinafter called "the assignor "), of
the one part, and C. D., of, &c. (hereinafter called "the
assignee "), of the other part: WHEREAS the assignor claims to have Secitak.
been the inventor of a process for, &c. [title of the invention (Z)]: Claim to be
AND WHEREAS by letters patent under the Great Seal of the _
United Kingdom, dated, &c., and numbered , the sole and
exclusive licence and authority of making, using, exercising, and
(&) A notification of this partnership, so far as it shows that the
patents are to be worked by the patentees jointly, can be entered on the
register. See sect. 28 of the Act of 1907.
For a clause as to service of notices, use Sp. 01. 51, post, p. 1165.
(Z) Where the assignor is not the original grantee, omit this recital.
1060
PATENTS.
vending in the United Kingdom, the Channel Islands, and Isle of
Man, an invention for, &c. {name the invention], were granted to-
[the assignor], his executors, administrators, and assigns, for the
term of fourteen years from the day of , 19 (m) [recite-
Devolution of derolution (if any} of title (w)]: AND WHEREAS the assignor has
agreed with the assignee for the sale to him at the price of
- of the said invention and letters patent and the exclusive
benefit thereof, and of all extensions (o) of the said letters
patent, and also (subject as hereinafter provided) of all improve-
ments or additions to the said invention, or discoveries useful
for the manufacture of - - now already (if at all) in the know-
ledge and possession of or which may hereafter be made by the
Te,tatum. assignor. NOW THIS INDENTURE WITNESSETH that
in pursuance of the said agreement in this behalf, and in con-
sideration of the sum of - this day paid to the assignor by
the assignee (the receipt whereof is hereby acknowledged) he,
the assignor, as beneficial owner, doth hereby assign unto the
assignee ALL THOSE the said invention and letters patent, and the
sole and exclusive benefit thereof, and of all extensions thereof^
and also all rights, powers, emoluments, and advantages whatso-
ever, under or in respect of the said letters patent: To HOLD, use r
exercise, and enjoy the said invention, letters patent, and premises
Covenant*. unto and by the asignee and his assigns absolutely (p): AND-
(m) [" subject to the [assignor] filing a complete specification
of the said invention or otherwise as therein provided,"
or, if complete specification already filed,
" subject to a condition for making void the same if the speci-
fication filed by the [assignor] was not a complete one, and other-
wise as therein provided."]
(n) E.g., "AND WHEREAS the assignor is entitled, under an,
assignment dated, &c., and made between, &c., to the said inven-
tion and letters patent, and the exclusive benefit thereof respec-
tively."
For these three recitals there may be substituted one recital only,
namely, that the assignor is entitled absolutely to the letters patent men-
tioned in the schedule.
(o) The right of application for extensions seems to be, as formerly,,
in the legal owner for the time being of the patent. See definition of
"patentee" in sect. 93 of the Act of 1907; and as to extensions, sect. 18.
(p) The word " assigns " includes " executors and administrators," who-
ASSIGNMENTS. 1061
THE ASSIGNOR doth hereby covenant with the assignee and his Validity of
assigns that, notwithstanding anything by him the assignor done,
omitted, or knowingly suffered, the said letters patent are now
valid and subsisting and not vcxid or voidable: AND ALSO that he Improve-
the assignor will from time to time, after making any improve- n
ment in or addition to the said invention, or any discovery useful
in the manufacture of (including any improvement, addi-
tion,- or discovery aforesaid now (if so) in his knowledge and
possession), forthwith give notice thereof in writing to the assignee
or his assigns, who shall be entitled to the sole and exclusive
benefit thereof [except as to; the personal use thereof by the
assignor]: And as and when reasonably required by the assignee
or his assigns, but at his or their expense as to the actual costs
(if any) occasioned thereby, communicate and explain to him
or them or his or their agents such improvement, addition, or
discovery [and will at the like expense, and also; for such remunera-
tion, no,!, being less than at the rate of per day, as the
purchaser or his assigns shall think fit to allow therefor, him-
self personally, and to the best of his ability, instruct, superin-
tend, and assist on any business premises of the purchaser or his
assigns, not less than workmen or other persons named by
him or them, in the process and details of the manufacture of
articles with the use of such improvement, addition, or discovery,
so as to make them proficient therein]: And will at the expense
(not exceeding, however, the sum of ) of the assignee or
his assigns, if he or they shall require the same, apply for and
obtain, or (if he or they shall so think fit) join with him or
them in applying for and obtaining letters patent in respect
of such improvement, addition, or discovery, and execute and do
all such assurances and things as shall be necessary or convenient
for vesting the same letters patent and the sole and exclusive
benefit thereof in the assignee or his assigns [subject to the per-
sonal use by the assignor of the invention comprised therein], as
by the assignee or his assigns shall be reasonably required. [AND
FURTHER, the foregoing provisions in this clause (including as
to the limit of expense to the assignee or his assigns) shall, as
far as possible, apply to the interest of the assignor in every such
are assigns at law. The word, however, is not strictly necessary in the
grant or habendum.
PATENTS.
improvement, addition, or discovery aforesaid, which he may, in,
conjunction with any other person or persons, now have in his
Extensions. knowledge and possession, or hereafter make]: AND LASTLY, the
assignor will, at the expense of the assignee or his assigns, execute
and do all assurances and things necessary or convenient for
enabling him or them to obtain and exclusively to hold and enjoy
the benefit of any extension of the terms comprised in the letters
patent hereinbefore expressed to be assigned, or, as far as practi-
cable, of any term which may be comprised in any letters patent
which may become vested in him or thorn, according to the cove-
nant in this behalf hereinbefore contained, as shall be reasonably
required.
IN WITNESS, &c. (q).
Parties.
Recitals.
Testatum.
Assignment.
18. ASSIGNMENT of a PATENT and all FUTURE EXTEN-
SIONS thereof, in CONSIDERATION of a GROSS SUM, and
further PERCENTAGES; such PERCENTAGES NOT to be PAY-
ABLE till PURCHASER has b&en RECOUPED his PURCHASE-
MONEY and further OUTLAY; COVENANTS by PATENTEE to
communicate IMPROVEMENTS.
THIS INDENTURE, made the
day of
19-
BETWEEN [patentee], of, &c., of the one part, and [purchaser ], of,
&c., of the other part: WHEREAS [recite grant of patent, dc., ut
ante, p. 1059]: AND WHEREAS the said [patentee] has agreed with
the said [purchaser] for the sale and assignment to him of the
said patent, and the exclusive and absolute benefit thereof, for the
sum of , and of other sums by way of percentage, or net
profits of selling and working the said invention as hereinafter
mentioned, and subject to the covenants on the part of the said
[purchaser] hereinafter contained: AND WHEREAS upon the treaty
for such sale, it was agreed that the said [vendor] should enter-
into the covenants on his part hereinafter contained. NOW THIS
INDENTURE WITNESSETH, that in pursuance of the said
agreement, and in consideration of the sum of , now paid
(g) The assignment should be executed as a deed, and should also
be registered. As to registration, see sects. 28 and 66 72 of the Act
of 1907.
ASSIGNMENTS. 1063
by tho said [purchaser] to the said [patentee], the receipt whereof
the said [patentee] hereby acknowledges, and of the payments by
way of percentage on net profits hereinafter reserved, and of the
covenants and agreements on the part of the said [purchaser] here-
inafter contained, he the said [patentee] hereby assigns, and as
beneficial owner, conveys unto the said [purchaser], his executors,
administrators, and assigns; ALL that said invention of [set out
title], and the said patent for the same, and the full and exclusive
benefit thereof, and of all improvements, extensions, and renewals
thereof, and all rights, powers, ,and privileges belonging to the
premises ; To HOLD the same unto the said [purchaser], his execu- Habendum.
tors, administrators, and assigns, for the residue now unexpired
of the said term of fourteen years, granted by the said patent,
and any further term to be granted by any extension or renewal
of the same; SUBJECT to the payment of the sums by way of per-
centage hereinafter mentioned and made payable, and to the per-
formance and observance of the covenants on the part of the said
[purchaser], and conditions hereinafter contained : AND the said Patentee to
[patentee] hereby covenants with the said [purchaser] that he ? ommumcate -
J J Lr improve-
the said [patentee] will, without any further remuneration, mentsand
royalties, or moneys hereinafter agreed to be paid by the said p^nts at
[purchaser], communicate to the said [purchaser] all improvements C08t of P u ^-*
which the said [patentee] may, during the continuance of the said aswgn'same to-
patent, and which may be assigned to, or vested in the said [pur- P urcnaser -
chaser], under this present covenant, invent, discover, or make,
for or in connection with the said invention, and also all improve-
ments, whether patented or not, of which the said [patentee] shall
become the owner, or of which the said [patentee] shall have
the control, and will, so far as practicable, at the request and
expense of the said [purchaser], render the same available for the
exclusive use of the said [purchaser], and do every act, deed, and
thing which may be necessary or expedient for obtaining and per-
fecting patents for all or any such improvements, and for assign-
ing or vesting the same to or in the said [purchaser]; And the Covenant by
said [purchaser] hereby covenants with the said [patentee] that if ^^ercent^
and so soon as the said [purchaser], his executors, administrators, age on net
or assigns, shall have received out of the net profits, to be calcu- {^d as here"-
lated as hereinafter mentioned, arising from or by means of the inaftermen-
. . . . . . turned as soon
said invention, or such improvements as aforesaid (patents lor a s he has re-
which improvements shall have been assigned to, or become vested
PATENTS.
Purchaser to
pay the per-j
cent age half-
yearly.
How net pro
fits to be
calculated.
in the said [purchaser], his executors, administrators, or assigns),
or from or by means of any sales, or licences, or dispositions of,
or dealings with the same invention, or patented improvements,
or otherwise, from, or by means of the using, exercising, vend-
ing, or making the said invention, or any such patented improve-
ment as aforesaid, or the said patent, the sum of , he the
said [purchaser], his executors, administrators, or assigns, shall pay
to the said [patentee], his executors, administrators, or assigns, at
the times, and in manner hereinafter mentioned, such a sum or
sums of money as shall be equal to a percentage of - per cent,
upon the net profits (to be calculated as hereinafter mentioned),
arising as aforesaid, from the time when the said [purchaser], his
executors, administrators, or assigns, shall have received the afore-
said sum of , and thenceforth during the remainder of the
period in which the said patent hereby assigned, or any such
patent for improvements as aforesaid as shall be assigned to or
become vested in the said [purchaser], his executors, administra-
tors, or assigns, shall continue in force: AND FURTHER, that the
said [purchaser], his executors, administrators, or assigns will, so
soon as he or they shall have received from the net profits, arising
as aforesaid, the sum of , thenceforth twice in every year,
on the - - day of and the day of , or within
fourteen days thereafter respectively, furnish to the said [patentee]
an account showing the amount for the half-year, in respect of
which the account is furnished, of the net profits arising as afore-
said; and shall, within one calendar month after the date up to
which such half-yearly account is furnished, pay to the said
I [patentee], his executors, administrators, or assigns, the percentage
by the said account appearing to be due: AND it is hereby further
agreed and declared between and by the said parties hereto as
follows, that is to say:
1. For the purpose of calculating the moneys to be derived
as aforesaid, there shall .be deducted from the gross moneys received
from or by means of the said inventions, or such patented im-
provements as aforesaid, or any sales, or licences, or other dis-
positions and dealings with the same, or otherwise, from, or by
means of the using, exercising, vending, or working the inven-
tion, or patented improvements, or patent, which moneys are here-
inafter called the gross receipts, all costs, charges, losses, damages,
and expenses whatsoever, which the said [purchaser], his executors,
ASSIGNMENTS. 1065
^administrators, or assigns may have already paid or incurred, or
may hereafter pay or incur, in or about the keeping in force the
said patent hereby assigned, or in or about the obtaining, or
endeavouring to obtain, or the keeping in force any such patent
for improvements as aforesaid, or the assigning the same to the
aid [purchaser], his executors, administrators, or assigns, or in
or about the introducing to the public the said patent, inventions,
and patented improvements, or any of them, or in or about any
such sales, licences, or other dispositions or dealings as aforesaid,
or in or about any legal or other proceedings, which may be taken
for the purpose of restraining infringement of the said patents,
or any of them, or for recovering damages for infringements, or
which may be taken in respect of any sale or proposed sale of
the said patents, or any interest therein, or any licence or proposed
licence for working the said invention and patented improve-
ments, or any of them, or any part thereof, or generally in &ny
manner in or about the said patents, or any of them, or the
using, exercising, vending, or working the said invention or
patented improvements, or any of them, or patents, all which costs,
charges, losses, damages, and expenses are hereinafter referred
to as patent expenses, together with interest at the rate of
per cent, per annum, upon such patent expenses respectively, from
the time of the payment thereof, and the difference between the
gross receipts for any half-year and the patent expenses for the
.same half-year shall be the net profits arising as aforesaid, upon
which the percentage aforesaid is to be paid.
2. Proper books of account shall be kept by the said [pur- Purchaser to
chaser], his executors, administrators, and assigns, in which true, kee P books of
plain, and perfect entries shall be made of all the payments,
expenses, and gross receipts aforesaid, and such books of account
shall, at all reasonable times, be open to the inspection of the
said [patentee], his executors, administrators, or assigns, or any
agent duly appointed by him or them in writing.
3 . Nothing herein contained shall be construed as obliging the Purchaser not
said [purchaser], his executors, administrators, or assigns to obtain, ^ take out
or endeavour to obtain, any patent for any such improvements as patents for
aforesaid, or to accept any assignment of any patent for such
improvements, or to pay the stamp duty upon, or to defend, maintain and
or maintain the said patent hereby assigned, or any such patent tents, but to
lor improvements as aforesaid, which may be assigned to or beabsolute
1066 PATENTS.
owner of pa- become vested in him, or them, in performance of the covenants
interference in that behalf hereinbefore contained, or to take any steps for
by patentee, restraining infringements of the same patents, or any of them,
or recovering damages for any infringement, or to make any sale
or sales of the said patents, or any interest therein, or to grant
any licence or licences for the use of the said invention, or any
such patented improvements as aforesaid, or any part thereof
respectively, or in any manner to use, exercise, vend, or work
the said invention, improvements or patents, or any of them; it
being hereby expressly agreed and declared that the said [pur-
chaser], his executors, administrators, or assigns, is and are and
shall be the absolute owners of the said patent hereby assigned',
and of any patent or patents for improvements which may be-
assigned to or vested in him or them as aforesaid, or which he or
they may, under the covenants aforesaid, require to be assigned
to him or them ; and that the said [purchaser], his executors, ad-
ministrators, or assigns, shall not, in regard to the said patents,
or any of them, be subject to any control or interference whatso-
ever of the said [patentee], his executors, administrators, or
assigns.
Neither party 4. During the continuance of the said patent hereby assigned,
without con- and during the continuance of any patent or patents for improve-
sent of other. men t s which may be assigned to or become vested in the said
[purchaser], his executors, administrators, or assigns as aforesaid,,
the said [patentee], his executors, administrators, or assigns, shall
not sell or dispose of the percentage payable to him or them as
aforesaid without the consent in writing of the said [purchaser],
his executors, administrators, or assigns; nor shall the said [pur-
chaser], his executors, administrators, or assigns sell or dispose
of the said patents, or any of them, without the consent in writ-
ing of the said [patentee], his executors, administrators, or assigns.
Agreement 5. Nothing herein contained shall be considered as constitut-
ing a partnership between the said parties hereto.
the 6. Nothing herein contained shall be construed as a warranty
implied cove- by the said [patentee], of the novelty or utility of the said inven-
nofJbe'con- tion > or of tll validit J of the said patent hereby assigned.
rant^of 3 *" ^ N WITNESS, &C.
validity of -
patent.
ASSIGNMENTS. 1067
19. ASSIGNMENT of a PATENT for a DISTRICT.
THIS INDENTURE, made,&c., BETWEEN A. B.,of,&c. (here-
inafter called "the assignor "), of the one part, and C. D., of,
&c. (hereinafter called " the assignee "), of the other part [recite Recitals,
as in precedent, p. 1059. ante^: AND WHEREAS the assignor has Claim to be
... . inventor,
agreed with the assignee lor the absolute sale to him at the price Q rant
of - of the said letters patent, and every extension thereof, Devolution of
for the county of - , and also the exclusive benefit for the same title -
county of -all improvements or additions to the said invention, or Agreement to
any discovery useful for the manufacture of - - now already (if
at all) in the knowledge and possession of or which hereafter may
be made by the assignor. NOW THIS INDENTURE WIT- Tntatum.
NESSETH that in consideration, &c. (the receipt, &c.), he, the
assignor, as beneficial owner, doth hereby assign unto the assignee:
ALL THOSE the said invention and letters patent, and the sole
and exclusive benefit thereof, and of every extension thereof, and
all rights, powers, emoluments, and advantages whatsoever under
or in respect of the said letters patent for the county of , but
not elsewhere: To HOLD, use, exercise, and enjoy the said premises
unto and by the assignee and his assigns absolutely: AND THE Covenants.
ASSIGNOR doth hereby covenant with the assignee and his assigns, Validity of
that notwithstanding anything by him the assignor done, omitted,
or knowingly suffered, the said letters patent are now valid and
subsisting and not void or voidable : AND ALSO that he the assignor As to im-
will from time to time, &c. [covenant as- to improvements, &c., & V
as in Precedent 17, excluding the provision for taking out a
patent, and making the exclusive benefit to be " for the county
of - - aforesaid" and omitting reference to the personal use
by the assignor^: And that in case he the assignor shall obtain
letters patent in respect of any such improvement, addition, or
discovery, he will, at the expense of the assignee or his assigns (if
and when requiring him to do so), execute and do all such assur-
ances and things as shall be necessary or convenient for vesting the
same letters patent and the exclusive benefit thereof for the said
county in the assignee or his assigns as shall be reasonably required
by him or them (r} : AND ALSO that the assignor will, at the As to exten-
sions.
(r) The obligation to take out any new patent is not imposed. If the
district is very large or important, the assignor should be bound to
B. VOL.11. 14
1068
PATENTS.
Assignor to
pay renewal
fees.
In default
assignee may
pay and be
repaid with
interest.
Charge on
interest of
assignor in
patent until
repayment.
Assignor not,
bound to pay
fees if assignee
discontinue
use of
invention.
expense of the assignee or his assigns, execute and do all assur-
ances and things necessary or convenient for enabling him or them
to obtain and exclusively hold and enjoy the benefit within the
said county of any extension of the terms comprised in the said
letters patent hereinbefore expressed to be assigned, or in any
letters patent intended to be comprised in the covenant in this
behalf hereinbefore contained as shall be reasonably required (s):
AND ALSO that the assignor or his assigns () will pay all fees
necessary for the renewal of the said letters patent respectively
during the respective terms comprised therein, one calendar
month at least before the latest times when the same can properly
be paid respectively, and will give the assignee or his assigns
written notice of every such payment immediately after the same
shall have been made, but in case of non-payment thereof as afore-
said will, if required by the assignee or his assigns, permit him
or them to pay the same, and any sum if so paid by him or them
shall be repayable on demand together with interest thereon at
the rate of 5 per cent, per annum from the time of payment
thereof, and until repayment shall together with interest afore-
said be a charge on the interest of the assignor and his assigns (u)
in the said letters patent respectively: PROVIDED ALWAYS that
neither the assignor nor his assigns shall be bound to pay any
fee for renewal of any letters patent aforesaid if the assignee or
his assigns shall for the space of calendar months within
the current year of the term comprised in such letters patent at
the end of which year any annual fee for renewal would become
take the patent out in the joint names of himself and the assignee, and
then a partition should be effected so as to vest the patent rights for
the district and the remainder of the area comprised in the patent in the
assignee and assignor respectively.
(s) The assignor does not covenant actually to apply for an extension.
() This, like each preceding covenant, is, of course, only a personal
covenant of the assignor, not binding on the assigns. Where the assignor
finally parts with all interest in the patent, he would probably obtain a
covenant from the assigns to perform his covenants herein, and indemnify
him against them.
() The assigns will be bound by this charge if they purchase, as pre-
sumably would be the case, with notice of it. See Werdermann v. Societe
iVElectricite, 19 Ch. D. 246, as explained in Bagot Pneumatic Tyre Co.
\. Clipper Pneumatic Tyre Co., [1902] 1 Ch. 146; Dansk Eekybriffel
Aktieselskdb v. Snell, [1908] 2 Ch. 127.
ASSIGNMENTS. 1069
payable (not including, however, any extension of the time of
payment thereof which might be granted on application at the
Patent Office) have practically or in fact ceased within the said
county to work by himself or themselves or his or their licensees
(if any) the patented invention in respect of which such fee would
have become payable: AND FURTHER, that neither the assignor Assignor not
nor his assigns will, without the written consent of the assignee s
or his assigns, amend or seek leave to amend the specification in without
force for the time being of any patented invention then comprised
herein, but such consent shall not be arbitrarily withheld (x) :
AND THE ASSIGNOR hereby acknowledges the right of the assignee Acknowledg-
and his assigns respectively to production of the said letters patent ^dertokin
hereinbefore expressed to be assigned or otherwise mentioned, and as to produc-
to delivery and the right to make copies thereof, and hereby
undertakes for the safe custody thereof (?/).
IN WITNESS, &c. (z).
20. ASSIGNMENT of a MOIETY of a PATENT CONDITIONS
Of SEPARATE WORKING (a).
THIS INDENTUEE, made the - day of -, 19,
BETWEEN A. B., of, &c. (hereinafter called "the assignor"), of
the one part, and C. D., of, &c. (hereinafter called "the Recitals.
assignee "), of the other part [recite as in Precedent 17 as to Grant and
claim, grant and devolution of title]: AND WHEREAS the assignor t]
, . . . . Agreement to
has agreed with the assignee for the sale to him at the price 0* se ll moiety of
- of one moiety of the said invention and letters patent, and P atent -
all extensions thereof, upon the terms hereinafter appearing.
(x) As to amendments of specifications, see sects. 21 23 of the Act
-of 1907.
(y} As to this acknowledgment and undertaking, see Conveyancing Act,
1881, s. 9. By sect. 46, sub-s. 2, of the Act of 1907 the comptroller is
to keep on sale copies of all complete specifications in force. If a patent
is lost or destroyed, or its non-production is accounted for to the satis-
faction of the comptroller, he may cause a duplicate thereof to be
sealed (sect. 44).
(z) The assignment should be executed as a deed and be registered.
As to registration, see sects. 28 and 66 72 of the Act of 1907.
(a) Compare this with the next three! precedents, any one of which
might be made to apply to an assignment of a moiety of a patent.
14 (2)
1070
PATENTS.
Textatmii.
Assignment
of moiety.
Covenant as
to validity.
Mutual cove-
nant as to
payment of
fees equally.
Excess of
payments
charged with
interest on
other party's
share.
Other
covenants.
NOW THIS INDENTURE WITNESSETH that in pursuance,
&c. [as in Precedent 17], he the assignor, as beneficial owner,
doth hereby assign unto the assignee ONE EQUAL MOIETY of and
in the said invention and letters patent, and all extensions thereof,
and of and in all rights, powers, emoluments, and advantages
whatsoever, under or in respect of the said letters patent: To
HOLD the said premises unto the assignee and his assigns sub-
ject to the conditions hereinafter appearing: AND THE ASSIGNOR
doth hereby covenant with the assignee, &c. [as to the validity of
patent as in Precedent 17, ante]. AND IT IS HEREBY
AGREED AND DECLARED that the amounts of the respec-
tive fees for the removal of the said letters patent, and any letters
patent for the time being subject hereto, shall be borne equally
by and between the parties hereto or their respective assigns, and
that all sums paid by either party or his assigns in excess of his
one moiety of the said fees respectively shall be repayable by the
other party or his assigns on demand, and together with interest
thereon at the rate of 5 per cent, per annum from the time of
demand thereof, shall be a charge on the moiety of him or them
of the said letters patent respectively: AND ALSO that, &c.
[The following conditions may be iised if thought fit :
" Each party shall be unrestricted in the working of the patent
and grant of licences at royalties, and shall not be liable to account
for any profits or royalties receivable by him thereby or there-
under, but no licence except at royalties shall be granted other-
wise than by the parties jointly, who shall be entitled to all fines
and premiums thereunder in equal shares."
" The conditions in this clause shall, as far as possible, apply
to any patent obtained by the parties for any improvement, addi-
tion or discovery hereinafter mentioned."
" Each party shall from time to time, after making any im-
provement in or addition to the said invention or discovery useful
in the manufacture of - - (including any improvement, addition,
or discovery aforesaid now (if so) in his knowledge and posses-
sion), forthwith give notice thereof in writing to the other of
them; and, as and when reasonably required by the latter, and
at his expense as to actual costs (if any) out of pocket occasioned
thereby, communicate and explain to him or his agents such im-
provement, addition, or discovery; and the said other party, in
case the communicating party shall not intend to take out letters
ASSIGNMENTS. 1071
patent in respect thereof, shall be entitled to use the same free
of charge, but in case the communicating party shall intend to
apply for letters patent in respect thereof, shall pay one moiety
(not, however, exceeding altogether the sum of ) of the
current costs and expenses of and attending the application for
and obtaining the said letters patent, and shall be entitled to be
made a co-applicant therefor, and the same when obtained shall
be held and enjoyed by the said parties in equal shares, subject
to the terms of these presents."
Or the more elaborate and extensive provisions of the next
precedent may be employed (6).]
AND THE ASSIGNOR hereby acknowledges the right of the Acknowledg-
assignee, &c. [Acknowledgment and undertaking, &c., as in last e *' te ^g ' as
precedent.'] patent.
IN WITNESS, &c. (c).
21. ASSIGNMENT of ONE-TWELFTH SHARE of a Patent
Special Provisions as to each Co-owner icorking the
Patent separately (d] .
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called " the assignor"), of the one part, and C. D.,of, &c.
(hereinafter called " the assignee"), of the other part: WHEREAS (e) Recitals.
the assignor is entitled to the invention and letters patent men- Absolute title
i TT o i o * assignor.
tioned in the First Schedule hereto: AND WHEREAS the assignor A eement to
has agreed with the assignee for the sale to him at the price of sell one-
of one-twelfth part or share of and in the said invention and letters
patent, and all extensions thereof, subject as hereinafter expressed:
NOW THIS INDENTURE WITNESSETH that in pursuance, \t Testatum.
&c. [PRECEDENT 17, ante] he the assignor as beneficial owner doth Assignment
, i iX /- u f of one-twelfth
hereby assign unto the assignee UNE-TWELFTH PART or snare 01 s hare O f
and in the said invention, &c. [use last precedent to end of covenant P atent -
(6) Where the parties are to work together there should be a partner-
ship deed. See Precedent, p. 1053.
(c) The assignment should be executed as a deed and registered.
For a clause as to service of notices, use Sp. Cl. 51, p. 1165, post.
(rt) Compare this with the preceding and also the following prece-
dents. The next precedent is an assignment to trustees.
(e) See Precedent 17, however, as to other recitals.
1072
PATKNTS.
2nd Teat alum.
Agreement
and declara-
tion.
Renewal fees
paid accord-
ing to shares
and excess
paid by any
owner to be
charged on
shares of the
others.
No licences to
be granted
except by the
owners
jointly.
Royalties for
benefit of all
owners to be
paid on
articles manu-
factured by
each owner.
as to the validity of the patent]: AND THIS INDENTURE ALSO
WITNESSETH that in pursuance of the said agreement in this
behalf, and in consideration of the premises, IT IS AGREED
AND DECLARED (/) as follows:-
1. The amounts of the respective fees for the renewal of the
said letters patent, and any other letters patent for the time being
subject hereto respectively, shall be borne by and between the
parties hereto, or other the owners for the time being thereof
(hereinafter called "the owners"), in the proportion of their respec-
tive shares therein respectively, and any moneys paid in this respect
by any owner which are probably payable by any other owner
shall be repaid on demand, and together with interest thereon at
the rate of 5 per cent, per annum from the time of demand shall
be a charge on the share of such other owner, and if any owner
shall at any time or times object to continue the payment of the
said fees, any other owner or owners shall nevertheless be at liberty
to continue the payment thereof as for the remainder of the term
for which the same shall be payable, or any shorter period, and
may claim from the objecting party aforesaid repayment of his
proper proportion of any moneys so paid by him or them, with
interest thereon at the rate aforesaid, from the time of demand
until payment thereof, and the amount so repayable shall
together with interest thereon be a charge on his share aforesaid
accordingly .
2. No licence for the use of any invention for the time being
subject hereto shall be granted except by all the owners jointly,
who shall be entitled to all benefits thereunder in the proportion of
their respective shares in the letters patent relating thereto.
3. In taking any half-yearly accounts hereinafter provided to
be taken there shall be debited to each owner for the benefit of
the other owners for the time being in respect of each patent
article manufactured by him in the half-year then ended (<?) a
(/) As to how far these stipulations will be binding on future owners,
see Werdermann v. Societe d'Electricite, 19 Oh. D. 246, as explained in
Bagot Pneumatic Tyre Co., [1902] 1 Ch. 146.
(0) Or say (if so intended)
"manufactured and in the half-year then ended sold by him."
It may be more convenient to fix the royalty on the manufacture, so as
to avoid the provisions in Clause 8a as to articles in hand at end of the
term. The royalty in either case may, for convenience at least, be taken
ASSIGNMENTS. 1078
royalty of - - shillings less his proportion thereof according to
his share in the letters patent, which royalty less as aforesaid shall
be divisible in the said accounts between the other owners in the
respective proportions of their shares.
4. Each owner shall affix on every patent article, as and when Patent mark
manufactured by him, the patent mark now in use, and shall not ^i^^fg 011
part with any such article without such mark being affixed thereto,
and each owner not being the assignor shall buy all such patent
marks from the assignor so long as he shall be able and willing to
supply the same at the rateof, &c., and shall be debited half-yearly
in the accounts hereinafter provided to be taken for such as shall
be so bought by him.
5. Each owner shall from time to time, after making any improve-
improvement in or addition to the said invention or discovery ment(? ' &c. by
A ... an y owner to
useful in the manufacture of - - (including any improvement, be brought in.
addition or discovery aforesaid now (if so) in the possession and
knowledge of any party hereto), forthwith give notice thereof in
writing to the other owner or owners, and, as and when reasonably
required by and at the expense of him or them respectively as
to actual costs (if any) out of pocket occasioned thereby, com-
municate and explain to him or them respectively, or his or their
respective agents, such improvement, addition, or discovery, and
the same shall be considered and treated as being part of or com-
prised in the said invention, but in case the communicating owner
shall intend to apply for letters patent in respect thereof, the
other owner or owners shall jointly with him contribute in the
proportion or proportions aforesaid to the payment of the current
costs and expenses of and attending the application for and obtain-
ing the said letters patent (such costs and expenses however being 1
taken not to exceed altogether the sum of - and the excess
whereof being borne by such communicating owner), and shall
be entitled to be made a co-applicant or co-applicants respectively
therefor, and the said letters patent or patent rights in respect
thereof when obtained shall be held by the owners in the pro-
portions aforesaid, subject as far as possible to the like terms and
conditions as are herein contained in respect of the letters patent
to be of the amount which a licensee would have to pay where no pre-
mium has been charged him.
1074
PATENTS.
Books of
account kept
by each
owner and
inspection
allowed and
verification
made.
Accounts
delivered and
settled half-
yearly.
hereinbefore expressed to be assigned [AND FURTHER the foregoing
provisions in this clause, including as to the limit of contribution,
shall as far as possible apply to the interest of any owner in every
such improvement, addition, or discovery aforesaid, which he may
in conjunction with any other person or persons now have in his
knowledge and possession or hereafter make].
6. Each owner shall keep at his usual or chief place of business
all proper books of account, and shall make true and perfect entries
therein at the earliest opportunities of all particulars necessary or
convenient for any of the purposes hereof of all transactions relat-
ing to the manufacture or sale (A-) of the said articles manu-
factured by him, and shall at the same place produce the said
books to the other owner or owners respectively for inspection
thereof, and taking copies or extracts therefrom, and at his own
expense obtain and give to him or them respectively all informa-
tion necessary or convenient for any of the purposes hereof as
to any item or matter comprised therein or relating thereto, and at
the expense of any party requiring it verify such information by
statutory declaration or otherwise as shall be reasonably required.
7. Each owner shall within twenty-one days after the end of
each half-year ending on the - - day of - - or - - day of
deliver or send to each of the other owners a statement of
account in respect of the transactions and matters aforesaid on the
part of the accounting owner for the half-year then ended, and
shall, if required by but at the expense of the owner requiring the
same, verify or procure some fitting person in his own employ to
verify the said statement or any part thereof by statutory declara-
tion: AND SHALL as soon as statements of account respectively for
any half-year shall have been delivered by him as aforesaid, and
the balance (where any) due from him to the other owner or
owners respectively shall be ascertained, pay the same to him or
them respectively then forthwith accordingly, but if the said
balance or any part thereof shall from any cause whatever remain
unpaid for one calendar month from the end of the said half-year,
it shall bear interest from the end of such calendar month at the
rate of 5 per cent, per annum, and together with such interest
(A) Particulars of sale should appear, notwithstanding that royalties are
only payable on the manufacture, as thereby a check will be furnished,
to some extent, on the entries as to the articles manufactured.
ASSIGNMENTS. 1075
be a charge on the share in the said letters patent respectively of
the person liable to pay the same.
8. Each owner or his agents shall be at liberty at all reasonable Liberty for
times during the continuance of any letters patent subject hereto, ? aoh owner to
1 Ji>p* '<'t, IfliC-
and afterwards for such period as shall be necessary or convenient tones, &c. of
to him, for any of the purposes hereof to enter any factory or
place of business of any other owner to ascertain the state and
extent of the manufacture or sale of the said articles or for other
the purposes hereof.
8a ({) . [In taking the final accounts between the respective Reduced
owners, each shall be debited as to each article aforesaid then in his articl^un^
possession and remaining unsold with the reduced royalty of - - soldondeter-
shillings less his proportion thereof, according to his share in the patents,
letters patent, in lieu of the royalty less as aforesaid in respect of
the sale by him of such article as hereinbefore provided, which
reduced royalty less as aforesaid shall accordingly be divisible in
the said accounts in respect thereof between the other owners in
the proportion of their respective shares aforesaid.]
9. The assignor hereby acknowledges the right of the assignee, Acknowledg-
<fce. [Acknowledgment, do., as in Precedent 19, ante]. tolattew'*
IN WITNESS, &C. (it). patent.
FIRST SCHEDULE.
SECOND SCHEDULE.
22. ASSIGNMENT of a Patent to TRUSTEES for Co-owners
in UNEQUAL SHARES EXCLUSIVE LICENCE for a particu-
lar District to be granted to each Co-owner at ROYALTIES
POWER OF SALE and general Powers of LICENSING
in the Trustees TRUST MONEYS divisible Half-yearly
REMUNERATION to the Trustees.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called " the Vendor"), of the first part, C. D., of, &c., E. F.,
(i) This clause is, of course, to be inserted only if royalties are made
payable on sales. See note (gr), ante.
(&) The deed should be registered. For a clause as to service of notices,
use Sp. Cl. 51, post, p. 1165.
1076
PATENTS.
Recitals.
Claim, grant,
&c.
Further
agreement to
assign to the
trustees.
Assignment
of patent to
the trustees.
Covenant as
to validity of
patent.
2nd Testatum.
of, &c., and G. H., of, &c. (hereinafter called " the purchasers' ,, of
the second part, H. K., of, &c., andL. M., of, &c. [trustees], of the
third part, and every person who as mentioned in Clause 1 hereof
shall execute these presents or otherwise bind himself hereto of the
fourth part [Recitals as to the claim, grant, &c. (Z)]: AND WHEREAS
the vendor has agreed with the purchasers for the sale to them
respectively of shares in the said letters patent, and every extension
thereof, namely to the said C. D. one-fifth share at the price of
-, and to the said E. F. one two-fifths share at the price of
and to the said G. H. one-tenth share at the price of <
AND WHEREAS the vendor and purchasers have agreed that the said
letters patent shall be assigned to the said H. K. and L. M. upon
the trusts and otherwise subject as hereinafter expressed. NOW
THIS INDENTURE WITNESSETH that in pursuance of the
said agreement in this behalf, and in consideration as to the said
C. D. of the sum of , and as to the said E. F. of the sum of
, and as to the said G . H . of the sum of , now paid to the
vendor by the purchasers respectively (the receipt of which several
sums the vendor doth hereby acknowledge) and otherwise in con-
sideration of the premises, he the vendor as beneficial owner subject
to the said agreement for sale doth hereby assign: And each of
them the purchasers as beneficial owner in respect of his share
under the said agreement as aforesaid doth hereby assign unto the
the said H. K. and L. M. ALL THOSE the said invention and letters
patent, and the sole and exclusive benefit thereof, and of all exten-
sions thereof, and all rights, powers, emoluments, and advantages
whatsoever under or in respect of the said letters patent, To HOLD
the said premises unto the said H. K. and L. M. and their assigns
upon trust for the vendor and purchasers respectively as tenants in
common, in the following shares, namely as to the vendor three-
tenths, as to the said C. D. one-fifth, as to the said E. F. two-fifths
and as to the said G. H. one-tenth, but nevertheless subject to the
covenants and conditions hereinafter contained: AND THE VENDOR
doth hereby covenant with the said H. K. and L. M. jointly
and also with each of the purchasers separately that notwithstand-
ing anything by the vendor done, omitted, or knowingly suffered,
the said letters patent are now valid and subsisting and not void
or voidable. AND THIS INDENTURE ALSO WITNESS-
(?) As to recitals, see Precedent 17.
ASSIGNMENTS. 1077
ETH that in pursuance of the said agreement in this behalf and Agreement
in consideration of the premises, IT IS HEREBY AGREED declaration.
AND DECLARED as follows :-
1. The term "the trustees" shall mean the said H. K. and Definition of
L. M. or the survivor of them, or other the trustees or trustee "owners 8 "
hereof for the time being, and the term "owner" shall mean and "shares."
either the actual beneficial owner for the time being of any share
in the trust premises, or, in case such beneficial owner shall not then
already as a party hereto of the first, second or fourth part have
executed these presents .or otherwise have bound himself to perform
and observe the obligations herein contained and in respect of such
share to be performed and observed, then the beneficial owner or
last of the beneficial owners through whom he shall have derived
the title to such share, who shall have bound himself as aforesaid,
and the term " shares " shall mean the shares into which the trust
premises shall for the time being be divisible between the owners.
2 . The said H . K . and L . M . shall immediately after the execu- Trustees to
tion hereof grant to each of them the vendor and purchasers at his s ive licences
expense (including as to the counterpart), an exclusive licence of ^ th
the said invention, and any other patented invention for the time vendor and
being subject hereto, for the district mentioned opposite his name respectively
in the - Schedule hereto, and in the form given therein. ** P er
Schedule.
3 . Except according to the terms of any such licence aforesaid,
owner
or any other or further licence granted to him by the trustees e . xce pt b y
under the power in this behalf hereinafter contained, no owner trustees
shall be entitled to use any patented invention aforesaid.
4 . The trustees shall at any time during the continuance hereof, Trust for sale
at the request in writing of a majority in value being one-third at
least in number of the owners, sell the said letters patent or any
other letters patent then comprised herein, either as to the entirety
thereof, or for any district or districts, subject to the respective-
licences aforesaid, and all other licences (if any) granted under the
provision in this behalf hereinafter contained, or, with the consent
and concurrence of the owner or owners of any such licence, freed
and discharged from the same, at such prices for cash or if to a
joint stock company for cash, shares, or debentures, payable or
issuable at such times, and subject to such conditions, as the.
persons comprising such or any other majority in value of the
owners, being one-third at least in number thereof, shall direct, or
1078
PATENTS.
General
power in
trustees to
grant
licences.
But prior
notice to be
given to
owners
thereof.
No licensee
bound to
ascertain if
owners object
to grant.
Net trust
moneys to be
divisible
according
to the shares.
in default of any such direction, then as the trustees shall think tit,
with power for them without the concurrence of anj owner except
as to his licence as aforesaid, to assign to the purchaser or pur-
chasers thereof the premises so sold, and to give complete discharges
for the purchase-moneys thereof, and so that such purchaser or
purchasers shall not be obliged to inquire into the title to any of
the shares or otherwise as to the propriety or regularity of the
sale (m).
5. Subject to any such sale and licences aforesaid, the trustees
shall from time to time, on the requisition in writing of any owner
or owners, grant licences to any owners or other persons or com-
panies respectively (but as to any owner at his expense including
as to the counterpart of his licence), of any patented invention
aforesaid, according to the form given in the Schedule hereto, or
such other form as the owners may unanimously prescribe for this
purpose: PROVIDED ALWAYS that the trustees shall, prior to any
such grant, give to each owner who may be unaware of their in-
tention to make the same, or ignorant of the particulars thereof, or
send to him by post to his last usual or known place of abode or
business, a written notice of days at least of their intention
so to do, and of the particulars aforesaid, and shall not grant any
such licence in case a majority in value being one-third at least in
number of the owners shall either together or separately serve the
trustees with an objection in writing to the grant thereof, but in
default of the service of such objection or objections within or at
the end of the said period, may effectually grant the said licence :
PROVIDED ALSO that it shall not be incumbent on any person or
persons treating for the grant of any such licence to ascertain if
any such objections whatever have been or might be made, or to
require the concurrence of any owner thereto.
6. All royalties and other sums receivable by the trustees under
any of the said licences, or from sales of any letters patent, or
otherwise as aforesaid, and all other moneys receivable by them
hereunder, shall form part of the trust estate, and, subject to the
payment thereout of all costs and expenses herein provided to be
made, shall be held by the trustees in trust for the owners in the
proportions of their respective shares.
(TO) See sects. 13 and 20 of the Trustee Act, 1893, as to powers of
sale, and giving receipts.
ASSIGNMENTS. 1079
7. The trustees shall from time to time out of any trust moneys Disposition of
the trust
moneys.
in their hands pay and discharge and (if they shall think fit) also *
set apart any sum in order to provide for the satisfaction of all
or any renewal fees, or other costs, expenses, or liabilities then
alreacty due or incurred, or which might thereafter become due or
be incurred by them in respect of the said trusts or any of them,
and shall pay or divide the balance (if any) of the said moneys to
or amongst the owners in the proportions of their respective shares :
PROVIDED ALWAYS that all costs, expenses, or liabilities aforesaid Expenses
not paid, discharged or otherwise provided for as aforesaid, shall, as Downers and
between the trustees and the owners in respect of whose shares entrust
respectively the same shall be payable or incurred by the trustees, generally
be borne by such owners or any one or more of them and in such without refer-
6QC6 to sh&T(?3
proportions (if any) as the trustees shall think fit, without reference or change of
to the interest of any such owner in the trust premises, and shall, owner8hl P>
notwithstanding any change of ownership in any of the shares, be b t i | n wll in r
a first charge on the trust premises generally, but shall as between excess to have
the owners themselves in respect of whose shares respectively the othef shares.
said costs, expenses, or liabilities shall be so payable or incurred, be
borne by them respectively in the proportions of their respective
shares, and so that every sum paid by any owner as demanded
by the trustees in respect of any such costs, expenses, or liabilities
which shall be properly payable by any other owner, shall, together
with interest thereon at the rate of 5 per cent, per annum from
the time of demand thereof by the owner so paying the same, be
payable by the other owner aforesaid on demand, and shall together
with such interest be a charge on the share of the latter in the
trust premises.
8. All proceedings necessary or suitable for the support, pro- Legal pro-
tection, or defence of any letters patent aforesaid (but in respect of the d pafents *'
any place or district subject to any provisions contained in any
licence aforesaid as to infringements within the same (n)\ shall be
taken and prosecuted by the trustees whenever a majority in value
of the owners shall in writing require them so to do.
9. Accounts between the trustees and the respective owners Accounts
shall be delivered and settled half-yearly on every day of yearly.
and day of - , commencing with the - - day of -
() A licence might provide that the licensee should undertake all
actions, &c. for infringement within his district.
1080 PATENTS.
next, but the owners shall be at liberty at any time to require
payment by any owner of any sum found or properly claimed by
them to be due to them hereunder, whether under any half-yearly
account aforesaid or otherwise, and in case any owner shall for
days after the trustees shall in writing have required him to pay
to them any such sum make default in the payment of the same,
or any part thereof, the said sum or part thereof shall thenceforth
l>car interest at the rate of 5 per cent, per annum until payment or
satisfaction thereof.
Improve- JQ Each owner shall from time to time,&c. [Part of Clause 5 of
ments, &c. by .'...
any owner to last precedent], forthwith give notice thereof in writing to the
ln ' trustees and the other owners respectively, and as and when reason-
ably required by any owner, and at his expense as to actual costs
(if any) out of pocket occasioned thereby, communicate and
explain to him or his agents such improvement, addition, or
discovery, and the same shall be considered, &c. [ib.~\, but in case
the communicating owner shall intend to apply for letters patent
in respect thereof, the trustees shall out of the trust estate, or by
contribution of the owners generally in the proportions respec-
tively aforesaid, pay all the current costs, &c. [Continue to end
of words " communicating owner " in brackets and then as follows]
and the trustees shall be entitled to be made co-applicants there-
for, and the said letters patent or patent rights in respect thereof
when obtained shall, at the expense of the trust estate, or by con-
tribution as aforesaid, be Vested in the trustees, and be held by
them as far as possible upon the like trusts and subject to the like
ter.ms and conditions as are herein declared and contained in
respect of the letters patent hereinbefore expressed to be assigned.
Proceedings ;Q ip;h e vendor shall at the expense of the trust estate, or the
forexten- i
eions. owners generally in the proportions aforesaid, when required by
the trustees so to do, as authorised by a majority of the owners
being one-third at least in value, of whom the vendor may be one,
execute and do all assurances and things necessary or convenient
for enabling the trustees to obtain and as such exclusively hold
and enjoy any extension of the said letters patent as shall be
reasonably required (o).
Remuneration 12. Each trustee shall be entitled half-yearlv, and so propor-
to trustees out ...in i i j i i-
f trust tionately 10. any shorter period during his trusteeship, to a sum
(o) As to extensions, see sect. 18 of the Act of 1907.
ASSIGNMENTS. 1081
of - for his services hereunder payable, however, as to each moneys sub-
half-year out of the trust moneys (if any) at the end thereof expenses,
available for such purpose, after satisfaction of or making due
provision for all fees and other costs, expenses, and liabilities (if
any) then due from or incurred by the trustees in respect of the
trust premises, with power to make up to himself during the
period of his trusteeship the deficiency (if any) for any half-year
in respect of the said sum out of the trust moneys properly avail-
able for the purpose as aforesaid which shall be in or come to the
hands of the trustees in any subsequent half-year or half-years,
but such sum shall not be a debt due from any of the owners
personally .
13. The power of removing any trustee and also of appointing Power of ap-
a new trustee or new trustees hereof shall vest in the majority in new trusteeH.
value being one-third at least in number of the owners (p).
14. If any difference shall arise between the parties hereto in Arbitration
respect of the construction hereof, or their respective rights, duties, c
or liabilities hereunder, the same shall be referred to the award
and determination of two arbitrators to be chosen one by each
party hereto, and in case the said arbitrators disagree, or fail
to make an award within months after entering on the
reference, or after having been called on to act by notice in
writing from any party to the submission, then to the award,
umpirage, and determination of such person as the said arbitrators
shall appoint as umpire.
IN WITNESS, &c. (q).
THE SCHEDULE.
23. ASSIGNMENT by a PATENTEE of a SHARE of a
PATENT the ASSIGNOR alone to work the PATENT.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the assignor"), of the one part, and C. D., of,
&c. (hereinafter called "the assignee"), of the other part [recite
(p) As to appointments of new trustees, see the Trustee Act, 1893,
ss. 25 et seq.
(#) The deed should be registered, but the trusts will not be noticed:
see sects. 28 and 66 72 of the Act of 1907. For a clause as to service
of notices, use Sp. Cl. 51, p. 1165, post.
108^
PATENTS.
lit Testatuiu.
Grant of
share.
Covenants.
Validity of
patent.
Benefit
of extension.
2nd Testatum.
Agreement
and
declaration.
Assignor to
have exclusive
use of the
share subject
to conditions.
During
licence until
as in Precedent 21, ante}. NOW THIS INDENTURE
WITNESSETH that in consideration, &c. [ut ante, p. 1060], he
the assignor, as beneficial owner, doth hereby assign unto the
assignee one-twelfth share of and in ALL THOSE the said invention
and letters patent, and all extensions thereof, and of and in all
rights, powers, emoluments, and advantages whatsoever, under
or in respect of the said letters patent: EXCEPT AND RESERVING
unto the assignor and his assigns to the extent and according to
the conditions hereinafter appearing, a right of user of the said
premises (r) : To HOLD the said premises unto the assignee and
his assigns subject as hereinafter expressed: AND THE ASSIGNOR
doth hereby covenant with the assignee, &c. [as to the validity of
the patent as in Precedent 17, ante]: AND THAT the assignor or
his assigns will, at the expense of the assignee or his assigns,
execute and do all such assurances and things necessary or con-
venient for enabling him or them to obtain and exclusively hold
and enjoy, subject to the conditions in this behalf hereinafter
appearing, the sole and exclusive benefit of one-twelfth share of
and in every extension of the said letters patent as shall be reason-
ably required by him or them (s). AND THIS INDENTURE
ALSO WITNESSETH that in pursuance of the said agreement
in this behalf, and in consideration of the premises, IT IS
HEREBY AGREED AND DECLARED as follows :-
1. The right of user hereinbefore excepted and reserved to the
assignor and his assigns (hereinafter termed " the licence ") shall
be the sole and exclusive right to use the said one-twelfth share
hereinbefore assigned of the said invention and letters patent, and
of a like share of any other invention, and the letters patent
(if any) in respect thereof, for the time being during the sub-
sistence of every such letters patent and extension (if any) thereof,
but subject as hereinafter provided.
2. During the continuance of the licence, until any breach (t)
(r) The object of inserting this exception and reservation is to obtain
a recognition on the register of the legal rights of the assignor in respect
of the share, as otherwise the technical question might be raised that
the assignee obtaining a legal interest could not by the same deed grant
to the assignor another legal interest (a licence) out of it. Eegistration
will only be of legal rights or interests: sect. 66 of the Act of 1907.
(s) The assignor is under no obligation to apply for any extension.
(t} This must be apparently a breach that the assignee may choose
ASSIGNMENTS. 1083
by the assignor of any covenant or condition herein contained and breaches
on his part to be performed or observed, the assignor shall be un- ^nMlcCTicL
restricted in the grant of licences at royalties (but not at any of entirety at
premiums) in respect of the said letters patent respectively,
except that the said licences shall be as to the entirety and not any
mere share in the same respectively : PROVIDED ALWAYS that the and pay
assignor shall within - - days of the receipt by him of any gjlareof *"*
royalties under any of the said licences, and notwithstanding the royalties.
determination (if so) of the licence aforesaid, pay to the assignee
one-twelfth part thereof respectively.
3. Except as aforesaid, all licences in respect of the said letters other licences-
patent respectively, whether at premiums, or royalties, or other- to be granted
wise, and whether during the continuance of the licence, or after jointly.
the revocation thereof (if any), shall only be granted by the said
parties jointly, and the premiums, royalties, or other sums pay-
able thereunder shall be divisible between them in the shares in
which they shall be entitled to the said letters patent respectively.
4. The assignor shall half-yearly on every day of Royalties to
and day of during the continuance of the licence, pay ** F ald to
1 L J assipnee
to the assignee in respect of each patent article manufactured lay on patent
him according to any invention subject hereto, and in the half- by 'assignor 1
year then ended sold by him, one-twelfth part of a royalty of
shillings (u): PROVIDED ALWAYS (a?) that every sum not Bad debts, &c.
being less than which may be owing to the assignor from P r<mded for -
any single person, firm, or company, or persons jointly, as the price
of articles sold by him in any half-year aforesaid, shall be treated
in the accounts therefor as having been then actually paid to the
assignor, and every sum of whatever amount "which at the end of
some half-year aforesaid during the continuance of the licence
shall have been owing to the assignor as aforesaid for
calendar months or more shall, unless the assignor shall show to
the satisfaction of the assignee that he had taken all reasonable
means to recover the said sum, be treated in the accounts for that
to avail himself of, as the above restriction is plainly inserted for his
benefit only.
(u) The royalty might be put on the manufacture only, so as to avoid
the provisions as to bad debts and articles in assignor's possession at
the end of the licence.
(x} Omit this proviso, if the royalties are only to be on the manu-
iactures.
B. VOL. II. 15
1084
PATENTS.
Restrictions
on assign-
ment, &c. by
assignor of
any part
of patent
or licence.
Payment of
renewal fees.
Accounts
kept, &c. by
assignor.
Half-yearly
statement and
settlement of
accounts.
Mutual im-
provements,
half-year as having boon actually paid to the assignor, but, except
as aforesaid, and subject to his accounting for any moneys as and
when received by him (if at all) in respect of any debts owing to
him as aforesaid, no debts at the end of any half-year aforesaid
remaining owing to the assignor for articles sold by him as afore-
said shall be treated in such accounts as moneys actually received
by him.
5. Except by way of granting any licence as aforesaid, the
assignor shall not, without the written consent or concurrence of
the assignee, assign, charge, mortgage, or in any way dispose of
or attempt to dispose of the said licence, or any part, share, or
other interest of or in the said letters patent respectively (?/)'.
6. The amounts of the respective fees for the renewal of the said
letters patent respectively shall be borne by and between the said
parties in the proportion of their respective shares aforesaid, and
any moneys paid in this respect by either party which are properly
payable by the other party shall be repaid on demand, and together
with interest thereon at the rate of 5 per cent, per annum from,
the time of demand shall be a charge on the interest of the latter
in the letters patent and premises then comprised herein.
7. The assignor shall during the continuance of the licence keep
at his usual or chief place of business all proper books of account,
&c. [Clause 6 of Precedent 21, ante, with the necessary varia-
tions.]
8. The assignor shall, at the end of each half-year aforesaid,
deliver or send to the assignee a statement of account for the pur-
poses of the payments to be made to the assignee for the half-year
then ended as aforesaid, and shall, if required by the assignee,
but at the expense of the assignor, verify or procure some fitting
person in his employ to verify the said statement or any part
thereof by statutory declaration, and subject to such verification
pay the sum due on such account to the assignee forthwith.
9. Each party shall from time to time after making any im-
(y) This clause is inserted to enable the assignee in the above instrument
to have a voice (if possible) in any arrangements by the assignor with
the new purchasers, &c. as to the future working of the patents. A
breach of the clause will, as provided later, enable the assignee to rescind
the licence granted by him.
ASSIGNMENTS. 1085
provement in or addition to the said invention, &c. [Clause 5 o/ * to be
Precedent 21, ante, with the necessary variations (2).]
10. The assignee by himself or his agents shall be at liberty at Inspection of
.all reasonable times during the continuance of the said licence, and
afterwards for such period as shall be necessary or convenient to
him, to enter any factory or place of business of the assignor to
ascertain the state and extent of the manufacture or sale of the said
articles, or for other the purposes hereof.
11. (a) In taking the final accounts between the said parties at Bedxiced
the end or sooner determination of the licence, the assignor shall
be debited as to each article aforesaid then in his possession and 8 p ld at end of
remaining unsold with one-twelfth part of the reduced royalty of
- shillings in lieu of the like share of any royalty in respect
of the sale by him of such article as aforesaid.
12. If the assignor shall become bankrupt, or commit any act of Determina-
bankruptcy, whether available for adjudication or not, or shall W
make default for the space of twenty-one days in the payment of ruptcy or
.any moneys due from him to the assignee hereunder, or shall
commit or suffer any breach of his obligations hereunder other
than as to the payment of moneys, and as to any such breach or
obligation (if capable of being repaired or performed) shall for the
space of fourteen days after he shall have been served by the
assignee with a written notice requiring him to repair or perform
the same omit so to do, the assignee shall be at liberty at any
time thereafter to determine the said licence by serving the
assignor or his assignee in bankruptcy (if any) with a written
notice for that purpose, but such determination shall be without
prejudice to the recovery by the assignee of any moneys then
already due to him hereunder, or to any licence aforesaid granted
by the assignor or by the assignor and assignee jointly.
13. Except where in any case the context requires a different Transmission
interpretation, or the term " assigns " is already used, these c
(z) Or the above might be made a covenant by the assignor alone to
bring in any improvements, &c. made by him.
(o) Omit this clause if the royalties are originally only to be on the
.manufactures.
15(2)
1086
PATENTS.
presents shall extend and be construed to apply also as far as-
possible to the assigns of either party in substitution for him.
IN WITNESS, &c. (6).
Recitab.
Invention by
assignor.
Agreement
before grant
for purchase
of patent.
Patent
obtained in
joint names.
Assignor to
execute this
assignment
and release.
Ttttattnn.
24. ASSIGNMENT and RELEASE of a PATENT by ONE CO-
GRANTEE to the OTHER in pursuance of an AGREEMENT
FOR SALE of the ENTIRETY by the INVENTOR entered into
BEFORE the GRANT.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called " the assignor "), of the one part, and C. D., of, &c.,
of the other part: WHEREAS the assignor as the inventor of a new
and improved process, &c., obtained the acceptance of a complete
specification in respect of the said invention on the day of
, 19 : AND WHEREAS by an agreement dated, &c., and made
between the assignor, of the one part, and the assignee, of the
other part (c), it was agreed amongst other things that the assignee
should purchase the said invention and the patent in respect
thereof, and the benefit as therein provided of all improvements
or additions (if any) to the said invention made by the inventor
for the sum of , and that the assignee should be entitled to be-
made an applicant for the grant of the said patent jointly with the
assignor, and that the said patent should be assured to the assignee
by the assignor so that the entirety thereof should become vested
in the assignee: AND WHEREAS the said patent was duly obtained
in the joint names of the assignor and assignee, and is numbered
bearing date the day of, &c. (d), and was duly sealed
- day of, &c.: AND WHEREAS the said sum of
on the -
has been duly paid as the assignor doth hereby acknowledge:
AND WHEREAS the assignor hath consented to execute the assign-
ment of the said patent hereinafter contained. NOW THIS
INDENTURE WITNESSETH that in pursuance of the said
agreement in this behalf, and in consideration of the sum of
(6) The deed should bo registered. For a clause as to service of notices,
use Sp. Cl. 51, post, p. 1165.
(c) It seems desirable to notice this agreement here specially, not
only fully to explain the relative positions of the parties, but also to give.,
indirectly at least, additional notice of its contents.
(d) Tho day of application. See sect. 13 of the Act of 19Q7.
ASSIGNMENTS. 1087
- so paid to the assignor by the assignee as aforesaid (the
receipt whereof is hereby acknowledged), he the assignor, as bene-
ficial owner, to the extent only of his estate and interest as here-
inbefore appears in the invention, letters patent, and premises
hereby assured, doth hereby assign and release unto the assignee
ALL THOSE the said invention and letters patent, and the sole and
exclusive benefit thereof, and of all extensions thereof, and all
rights, powers, emoluments, and advantages whatsoever under or
in respect of the said letters patent, TO HOLD the premises unto
the assignee and his assigns absolutely: AND THE ASSIGNOR doth Covenant!.
hereby covenant with the assignee that notwithstanding anything Validity of
by him the assignor done, omitted, or knowingly suffered, the
said letters patent are now valid and subsisting, and not void or
voidable: AND THAT the assignor will from time to time, after Improve-
niaking any improvement in or addition to the said invention or ments > &c -
discovery useful in the manufacture of (including any im-
provement, addition, or discovery aforesaid, now (if so) in his
knowledge and possession), forthwith give notice thereof in writ-
ing to the assignee or his assigns, who shall be entitled to the
sole and exclusive benefit thereof [except as to the personal use
thereof by the assignor]; and as and when reasonably required
by the assignee or his assigns, but at his or their expense as to
actual costs (if any) out of pocket occasioned thereby, communi-
cate and explain to the assignee or his assigns, or his or their
agents, any such improvement, addition, or discovery [and at the
like expense and also for such remuneration, not being less than
at the rate of per day, as the assignee or his assigns shall
think fit to allow therefor, himself personally, and to the best
of his ability, instruct, superintend, and assist on any business
premises of the assignee or his assigns, not less than - work-
men or other persons named by him or them in the process and
details of the manufacture of articles with the use of such improve-
ment, addition, or discovery, so as to make them proficient
therein]. And shall at the expense (not, however, exceeding the sum
of ) of the assignee or his assigns, if he or they shall require
the same, apply for or obtain, or (if he or they shall so think fit)
join with him or them in applying for and obtaining letters
patent in respect of any such improvement, addition, or discovery,
and execute and do all such assurances and things as shall be
necessary or convenient for vesting the same letters patent and
1088
PATENTS.
Extension.
the exclusive benefit thereof in 'the assignee or his assigns [subject
to the personal use by the assignor of the invention comprised
therein] as by the assignee or his assigns shall be reasonably
required. [AND FURTHER, the foregoing provisions in this clause
(including as to the limit of expense to the assignee or his assigns)
shall, as far as possible, apply to the interest of the assignor in
every such improvement, addition, or discovery aforesaid, which
he may, in conjunction with any other person or persons, now
have in his knowledge and possession, or hereafter make.] AND-
THAT the assignor will at the expense of the assignee or his assigns,
&c. [Covenant as to extensions as in Assignment, ante, p. 1062.]
IN WITNESS, &c. (e).
Jiecitah.
Assignee
real inyentor.
And being
resident
abroad
employed
assignor.
Assignor
obtained
patent in own
name.
Number
of patent.
Request
to assign.
Tettatum.
Grant,
25. ASSIGNMENT of a PATENT to the INVENTOR (a
FOREIGNER resident Abroad] by his AGENT, the
PATENTEE .
THIS ASSIGNMENT, made, &c., BETWEEN A. B., of, &cv
(hereinafter called "the assignor "), of the one part, and C. D.,
of, &c. (hereinafter called "the assignee"), of the other part:
WHEREAS the assignee is the sole and original inventor of improve-
ments, &c. [title of invention]: AND WHEREAS the assignee being
a foreigner resident abroad and desirous of obtaining letters patent
for the United Kingdom and Isle of Man, employed the assignor
to obtain the same for the sole and exclusive benefit of the
assignee (/) : AND WHEREAS the assignor accordingly and at the-
entire expense of the assignee duly made application on the -
day of, &c., for the said letters patent, and obtained the grant
thereof in his own name: AND WHEREAS the said letters patent
are numbered - : AND WHEREAS the assignee hath requested
the assignor to assign to him the said letters patent. NOW
THIS INDENTURE WITNESSETH that in consideration of
the premises, he the assignor, as trustee, doth hereby assign unto-
the assignee, ALL THOSE the said invention and letters patent,
and the sole and exclusive benefit thereof, and of all extensions
(e) The deed should be registered. See sects. 28 and 66 72 of the
Act of 1907.
(/) The Patent Office will not grant a patent to any agent of inventor
resident abroad.
ASSIGNMENTS.
thereof, and all rights, powers, emoluments, and advantages what-
soever under or in respect of the said letters patent, TO HOLD the
premises unto the assignee and his assigns absolutely: AND THE Covenant
ASSIGNOR doth hereby covenant, &c. \_As in Precedent 17, ante, ^
as to validity of patent and extensions .] extensions.
IN WITNESS, &c.
26. ASSIGNMENT of a LICENCE the LICENSOR not being
a PARTY (g}.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called " the vendor "), of the one part, and C. D., of, &c.
(hereinafter called " the purchaser "), of the other part: WHEREAS
by a licence under seal dated, &c., and made between E. F., of
the one part, and the vendor, of the other part, the said E. F.
granted unto the vendor and his assigns the sole and exclusive
right within the town of, &c., to manufacture articles according
to the invention mentioned (together with the letters patent in
respect thereof) in the Schedule hereto for the residue of the
term of fourteen years comprised in the said letters patent, at
royalties payable half-yearly on every day of and
day of - , and subject to the covenants and conditions therein
contained: AND WHEREAS the vendor hath from the date of tho
said licence up to this present time worked the said invention in
the said town in accordance with the terms thereof: AND WHEREAS
the vendor lately agreed with the purchaser for the sale to him
of his business in the said town of manufacturing and selling the
said articles, and other the business of a , as from the said
- day of last (h) : AND WHEREAS it was part of the said
agreement that the purchaser should purchase the said licence
for the sum of . NOW THIS INDENTURE WITNES-
SETH that in consideration, &c., he, the vendor, as beneficial
owner, doth hereby assign unto the purchaser ALL THAT the said
licence dated, &c., and the full benefit thereof, TO HOLD the same
(g} See next precedent as to the licensor being a party.
(A) Omit reference to this or any other day if the assignment is dated
on a half-yearly day. Eecite also (if so arranged) that
" the vendor has duly paid all royalties and other sums reserved
by the said licence owing up to the date hereof."
i 090 PATENTS.
unto the purchaser and his assigns, subject to the covenants and
conditions therein contained and henceforth on the part of th&
licensee to be performed or observed: AND THE VENDOR doth
hereby covenant with the purchaser that notwithstanding any-
thing by him done, omitted, or knowingly suffered, the said licence
is now valid and subsisting, and not void or voidable, and that all
the royalties reserved by the said licence have been paid up to
the - - day of - - last, and that all the covenants and con-
ditions therein contained and on the part of the licensee to be
observed and performed have been observed and performed up
to this present time: AND THE PURCHASER doth hereby covenant
with the vendor that he will as from the said day of -
last (i) pay the royalties and other sums "by the said licence
reserved, and also will perform and observe all the covenants and
conditions therein contained and on the part of the licensee hence-
forth to be performed and observed, and keep the vendor indemni-
fied against all actions, claims, and expenses in respect of the same
royalties, sums, covenants, and conditions, or any of them respec-
tively.
IN WITNESS, &c. (fc).
THE SCHEDULE.
27. ASSIGNMENT of a LICENCE the LICENSOR being a
PARTY (2).
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the vendor"), of the first part, E. F., of, &c.
(hereinafter called " the licensor "), of the second part, and C. D.,
(i) If the assignment is dated on a half-yearly day, say " henceforth "
only. Or if so arranged the vendor can satisfy royalties up to date, and
the covenant can be made to apply only to future royalties.
(&) The deed should be registered: see sects. 28, 6672 of the Act
of 1907.
(Z) See last precedent as to the licensor not being a party. As to how
far the covenants in a licence are binding on the assigns of the licensee^
see Werdermann v. Societe Generate d'Electricite, 19 Ch. D. 246, as ex-
plained in Bagot Pneumatic Tyre Co. v. Clipper Pneumatic Tyre Co
[1902] 1 Oh. 146.
ASSIGNMENTS. 1091
of, &c. (hereinafter called " the purchaser "), of the third part
[Recite as in last precedent with any necessary variations]: AND
WHEREAS in the said licence it is provided that the licensee shall
not assign the same without the consent in writing of the licensor :
AND WHEREAS the licensor hath agreed to enter into these presents
in order to testify his consent to the assignment of the said licence
to the purchaser upon the terms that the purchaser shall covenant
with him as hereinafter expressed. NOW THIS INDENTURE
WITNESSETH that in pursuance of the said agreements in this
behalf, and in consideration of the sum of this day paid to
the vendor by the purchaser (the receipt whereof is hereby acknow-
ledged), and also in consideration of the premises, he the vendor,
as beneficial owner, doth hereby assign, and he, the licensor, by the
^direction of the vendor, as such beneficial owner, doth hereby con-
firm unto the purchaser, ALL THAT licence, dated, &c., and the full
benefit thereof, TO HOLD the same unto the purchaser and his
assigns, subject to the covenants and conditions therein contained
and henceforth on the part of the licensee to be performed or
observed: AND THE VENDOR doth hereby covenant, &c. [As to
-the validity of the licence as in last precedent] : AND THE LICENSOR
doth hereby covenant with the purchaser that notwithstanding, &c.
[Covenants as to the validity of the patent as in Precedent 17,
ante, adding " and he now hath full power to confirm the said
licence in manner aforesaid"]: AND THE PURCHASER doth hereby
-covenant with the vendor, and as a separate covenant also with the
licensor and his assigns (m), that he, the purchaser, will as from
the said day of last (n) pay the royalties and other
sums by the said licence reserved, and also will perform and observe
-all the covenants and conditions therein contained and on the part
of the licensee henceforth to be performed and observed, and doth
hereby also covenant with the vendor that he, the purchaser, will
henceforth keep the vendor indemnified against all actions, claims,
demands, and expenses in respect of the said royalties, covenants,
and conditions, or any of them respectively: PROVIDED ALWAYS Proviso that
'that nothing herein contained shall be construed or operate so as vt *"ior be not
released from
(TO) The benefit of these covenants as choses in action can be assigned
^by the licensor both at law and in equity. See now the Judicature Act,
1873 (36 & 37 Viet. c. 66), s. 25, sub-s. 6.
() Or, " from henceforth," as arranged.
1092
PATENTS.
his obliga-
tions under
the licence.
to absolve the vendor as against the licensor or his assigns from*
any of his obligations under the said licence.
IN WITNESS, &c.
THE SCHEDULE.
Recitals.
Graut of
patent to all
jointly.
Agreement
for partition.
Sams
to be paid for
equality.
Testatum.
Release by
every two to
the third one
of the rights
over the dis-
trict allotted
to him.
Mutual
covenants.
Fees borne in
certain
proportions.
28. DEED of PARTITION of a PATENT.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c., of
the first part, C. D., of, &c., of the second part, and E. F., of, &c.^.
of the third part [Recite grant of patent to the parties jointly]:
AND WHEREAS the said parties have agreed to make such partition
of their rights under the said letters patent as hereinafter ex-
pressed: AND WHEREAS it has also been agreed that for equality
of partition the said A. B. shall pay to the said E. F. the sum
of , and the said C. D. shall pay to the said E. F. the sum
of . NOW THIS INDENTURE WITNESSETH that
in pursuance of the said agreement in this behalf, and in con-
sideration of the sum of - this day paid by the said A. B. to-
the said E. F., and of the sum of - this day paid by the said
C. D. to the said E. F. (the receipt of which sums of and
- respectively the said E. F. doth hereby acknowledge), and
also in consideration of the premises, every two of them the said
A. B., C. D., and E. F. as beneficial owners respectively, accord-
ing to the terms of the said letters patent, do and each of them
doth hereby assign and release unto the third of them, ALL THOSE.
the said invention and letters patent, and the sole and exclusive
benefit thereof, and of every extension thereof, and all rights,
powers, emoluments, and advantages whatsoever, under or in
respect of the said letters patent for the districts or places men-
tioned opposite the name of such third person in the Schedule
hereto, but not for any other district or place, TO HOLD, use, exer-
cise, and enjoy the said premises unto and by such third person
aforesaid and his assigns absolutely. AND IT IS HEREBY
AGREED AND DECLARED that the amounts of the respec-
tive fees for the renewal of the said letters patent, and any other
letters patent for the time being subject hereto respectively, shall
be borne by and between the said parties in the following pro-
portions, namely, as to the said A. B. - ths, as to the said
LICENCES, 1093
C. D. ths, and as to the said E. F. ths, and that any
moneys paid in this respect, &c. [as in Assignment 21, ante,
p. 1072, using the term "any party" instead of "owner," and
" parties " instead of " owners "]: AND ALSO that each party shall Improve-
from time to time after making any improvement in, &c. [mutual n 1 ' c '
covenant as to improvements, dc., as in Assignment 21, ante,
p. 1073, using the term " party " for " owner," but providing that
the letters patent or rights shall be " held by the parties respec-
tively for the same districts or places and otherwise, subject to the
like terms, &c." (o)]. AND IT IS HEREBY ALSO AGREED ^P?^ to
AND DECLARED that the said letters patent respectively shall custody of all.
be in the joint custody of the said parties, or in the custody of such
person or persons as they shall from time to time jointly appoint
for the benefit of the said parties respectively: AND ALSO that Transmission
except where in any case the context requires a different inter-
pretation the expression "the said A. B." or "the said C. D.
or " the said E. F." or other expressions referring to any party
hereto, whenever used herein, shall extend and be construed also
to apply as far as possible to the assigns of the person so
designated.
IN WITNESS, &c. (p).
29. LICENCE (non-exclusive) to use a NEW INVENTION,
in consideration of a Gross Sum, by Deed-poll, to cease
on the Death of the Licensee, or on Alienation, dc. (q).
TO ALL TO WHOM THESE PRESENTS SHALL
COME (r), [patentee], of, &c., sends greeting: WHEREAS his Recital of
patent ;
(o) A covenant as to any extension of the patent is omitted, as no party
is a vendor, so that any other party could call upon him to covenant in this
respect, and also because the benefits of an extension may vary according
to the district. The question is therefore left to future arrangement.
(p) The assignment should be executed as a deed, and be registered.
(<?) A licence to use a patent should be granted by deed-poll only in Form of
cases where the consideration is a gross sum, and the transaction is of a licence,
very simple character ; generally it will be necessary that the grant should
be by indenture fully stating the terms and conditions of the grant, and
securing the observance and performance of such terms and conditions
by the covenants of the respective parties.
(r) All licences to use a patent ought to be under seal, since the form of
1094
PATENTS.
of agreement
for licence.
Tent at ton.
Licence.
Proviso for
cesser on
licensee's
death, &c.
present Majesty, by a patent, dated the - - day of - , and
numbered - , granted unto the said [patentee] the sole and
exclusive licence, power, privilege, and authority, of making,
using, and vending a certain machine [describe invention} for
the term of fourteen years from the date thereof: AND
WHEREAS the said [patentee] has agreed to permit [licensee'],
of the city of
to make, sell, and dispose of the same upon
the terms and conditions, and in the manner hereinafter mentioned.
NOW THESE PRESENTS WITNESS, that, in consideration
of the sum of , now paid by the said [licensee] to the said
[patentee], the receipt whereof the said [patentee] hereby acknow-
ledges, the said [patentee] hereby grants unto the said [licensee]
full and free liberty, licence, power, privilege, authority, and
permission, to make, use, exercise, sell, and dispose of [invention],
in the said patent mentioned, for the term of - - years from the
date thereof: PROVIDED ALWAYS, and these presents are upon this
express condition, that, if the said [licensee] shall die during the
said term, or shall at any time hereafter assign or make over the
licence hereby given, or the benefit thereof, or of any part thereof,
to any person or persons whomsoever, or the same shall by any
other means become vested in any other person or persons, without
the consent in writing of the said [patentee], his executors or
administrators, these presents and every thing herein contained
shall cease and be utterly void: PROVIDED ALSO that nothing
herein contained shall operate as a warranty of the validity of
the said patent (s) .
IN WITNESS, &c.
grant prohibits infringement without the licence of the patentee " in
writing under his hand and seal." But the concluding words of the
grant allow the granting of licences in such manner as they may by
law be granted, and where an agreement to grant a licence is proved,
it will be acted upon, and neither party will be excused on the ground
that it is not under seal. (See Postcard Automatic Supply Co. v. Samuel
(1889), 6 E. P. C. 560.)
(s) Covenants for title, &c. should be expressly inserted if so desired.
The words " as beneficial owner " would probably imply no covenant in
a mere licence.
LICENCES. 1095
30. LICENCE (non-exclusive) at Royalties only [Where
open contract] ().
THIS INDENTURE, made the -- day of -- , 19, BETWEEN
A. B., of, &c. (hereinafter called " the licensor"), of the one part,
and C. D.,of, &c. (hereinafter called "the licensee"), of the other
part: WHEREAS by letters patent under the Great Seal of the Recital*.
United Kingdom, dated, &c., and numbered - , the sole and ex- Grant O f
elusive licence and authority of making, using, exercising, and P atent -
vending in the United Kingdom, the Channel Islands, and Isle
of Man, an invention for, &c. [name of invention], were granted
to the licensor, his executors, administrators, and assigns, for the
term of fourteen years from the -- day of - 19 , [" subject to
the licensor filing a complete specification of the said invention or
otherwise as therein provided: " or, if complete specification already
filed, " subject to a condition for making void the same if the
specification filed by the licensor was not a complete one, ai\d
otherwise as therein provided."] [Recite devolution (if any) of Devolution of
title (u)~\ : AND WHEREAS the licensor has agreed to grant the tltle *
licensee a licence to use the said invention [so far as relates to the
manufacture of - ] within the town or district of -- in the
county of - as hereinafter defined, upon the terms hereinafter
appearing. NOW THIS INDENTURE WITNESSETH that Grant.
in pursuance of the said agreement, and in consideration of the
royalties hereinafter reserved, and the covenants on the part of the
licensee hereinafter contained, the licensor doth hereby grant unto
the licensee [and his assigns (a?)] full liberty, licence, power, and
(<) The only terms of the contract are to be supposed to be as to the
amount of royalties payable half-yearly, the locality, and the duration of
the licence.
(u) E.g., "and whereas the licensor is entitled under an
assignment, dated, &c., and made between, &c., to the said in-
vention and letters patent, and the exclusive benefit thereof re-
spectively."
For these two recitals there may be substituted one recital only, namely,
that the licensor is entitled absolutely to the letters patent mentioned in
the schedule.
(x) If the contract does not extend to the assigns, omit the words in
brackets.
1096 PATENTS.
authority, within the district being - - miles in radius from
tho front of the town hall of the town of in the county of ,
to make, use, exercise, and vend the said invention [so far as the
same shall be applicable to the manufacture of - ]: To HAVE,
HOLD, exercise, and enjoy the said licence and premises unto and
by the licensee [and his assigns (#)] for and during all the residue
now to come and unexpired of the said term of fourteen years, and
during any further term for which the said letters patent may
Keddendum. be prolonged [(/), YIELDING AND PAYING unto the licensor half-
yearly on every day of - - and - - day of - - for every
- manufactured by the licensee [or his assigns] hereunder in
tho half-years then ending respectively the royalty of - ] : AND
Covenants. THE LICENSEE doth hereby covenant with the licensor and his
To pay~~ assigns that he the licensee [or his assigns] will during the term
royalties. hereby granted pay to the licensor or his assigns (z) half-yearly
on every day of - - and - - day of - - for every -
manufactured by the licensee [or his assigns] hereunder in the
To keep half-years then ending respectively the royalty of - : AND ALSO
& Ct ' that he [or his assigns] will during the said term keep at his [or
their] usual place [or places] of business all proper books of account,
and make true and complete entries therein at the earliest oppor-
tunities of all particulars necessary or convenient for the purposes
hereof of all transactions relating to the manufacture [or sale (a)]
Production ^ " " manufactured by him [or his assigns] hereunder, and
and inspection produce the said books to the licensor or his assigns, or his or
their agent or agents, at all reasonable times for inspection and
the taking copies or extracts therefrom, and will at his [or their]
own expense obtain and give to him or them all such information
as to any item or matter contained or which ought to be contained
Delivery of therein as shall be reasonably required: A'ND ALSO that he [or his
assigns] will at the end of each half-year aforesaid deliver or
send to the licensor or his assigns a statement in writing of the
particulars of the manufacture in such half-year of the said articles
(x) See note (x), previous page.
(y~) The insertion of the reddendum clause is not essential, provided there
is an express covenant to pay the royalties or other sums reserved,
(z) If the reddendum is inserted this covenant need only be
" to pay to the licensor or his assigns the said royalties at the
respective times aforesaid."
(a) Entries of the sales will serve as a check to those of the manufacture.
LICENCES. 1097
-tuid the amount of royalties payable in respect thereof as afore-
said.
IN WITNESS, &c. (b).
31. LICENCE (non-exclusive) at Royalties only [Where
full contract].
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called " the licensor "), of the one part, and C. D., of, &c.,
of the other part [Recite as in last Preoedmf]. NOW THIS IN- Recitals.
DENTURE WITNESSETH that in pursuance, &c. [Continue lst Testatum.
to the end of the Habendum in last Precedent, and take in the Grant -
Reddendum if thought fit] : A ND THE LICENSOR doth hereby cove- Covenants.
nant with the licensee [and his assigns] that notwithstanding any- Validity of
,. L b . J % patent and
thing by him the licensor done, omitted, o,r knowingly sunered, right to
the said letters patent axe now valid and subsisting, and not
void or voidable, and that notwithstanding as aforesaid he the
licensor now hath power to grant the premises in manner afore-
said: AND THE LICENSEE doth hereby covenant, &c. [Covenants Covenants by
to pay royalties, keep, &c. accounts and allow inspection, <&c., ^Tpay
.as in last Precedent, adding as fottows]: And will if and when royalties.
required by the licensor or his assigns, l>ut at the expense of the Jo keep and
licensee [or his assigns], verify or procure some fitting person in counts and
his [or their] employ to verify the said statement or any part or
parts thereof by statutory declaration: AND ALSO 'will place on books.
some conspicuous part of every article manufactured by him [or To verif y
L statements of
his assigns] as aforesaid as soon as the same shall be completed a account.
metal plate [or "label" or, &cJ\ furnished 'by the licensor or To use the
his assigns as and when required by the licensee [or his assigns], ^ articles.
bearing some number showing the order of 'manufacture, and also
having an inscription or mark of the kind shown in the margin
hereof, or such other inscription or mark as the licensor or his
assigns may think fit to adopt, and will not retain or sell or part
-with the possession of any such article without the said plate [or
" label " or, &c.~\ being placed thereon as aforesaid: AND ALSO will
on each half-yearly day aforesaid, or within twenty-one days
thereafter, pay to the licensor or his assigns for the said plates [or
(6) The licence should be registered: sect. 28 of the Act of 1907.
1098
PATENTS.
To manufac-
ture only
according' to
the specifica-
tion.
Licensor
may inspect
factory.
No assign-
ment, charge,
&c. of the
licence or
grant of sub-
licences.
Not to dis-
pute validity
of patent.
To detect in-
fringements
and assist
licensor in
proceedings.
Power for
licensor to
"labels " or, etc.] so furnished in the half-year then ended a&
aforesaid at the rate of - - shillings per dozen including the
cost of carriage and delivery thereof: AND ALSO that [neither] the-
licensee [nor his assigns] will [not] daring the continuance of this
licence, without the written consent of the licensor or his assigns,
manufacture any article aforesaid without the application of the
said invention as described in the specification thereof for the
time being in force at the Patent Office, [and in case he [o,r his
assigns] shall do so without such consent "will pay to the licensor or
his assigns such sum or sums by way of .royalty to the amount or
respective amounts and otherwise as aforesaid in respect of any
article or articles manufactured by him [or 'them] contrary to-
this covenant as if the same had been manufactured in accord-
ance therewith]: AND ALSO that the licensor or his assigns or his
or their agents shall be at liberty at all reasonable times during the
continuance of this licence to enter any place of the licensee [or
his assigns] where the manufacture or sale of the said articles-
shall be carried .on, in order to ascertain the state or extent of such
manufacture or sale, and that all covenants by the licensee herein,
contained have been or are being duly performed or observed:'
AND ALSO that [neither] the licensee [nor his assigns] will [not],.
without the written consent of the licensor or his assigns first had
and obtained, assign, or mortgage, charge, or grant sub-licences-
in respect of, ,or otherwise deal or part with the possession or
control of this licence, or attempt so to do, [but such consent shall
not be arbitrarily withheld] : AND ALSO that [neither] the licensee
[nor his assigns] will [not] during the continuance of this licence,.
nor at any time after the determination thereof, dispute or object
to the validity of the said letters patent, or the novelty or utility
of the said invention: AND ALSO that the licensee [or his assigns]
will use his [or their] best endeavours to detect every suspected
infringement of the said letters patent within the said district,
and will give the licensor or his assigns written notice thereof
as soon as the licensee [or his assigns] shall have suspected and
also (if the case) ascertained the same, and will, at the expense of
the licensor or his assigns as to actual disbursements (if any)
made or liabilities (if any) incurred thereby, assist him or them
in any proceedings undertaken by him or them in respect thereof
as shall be reasonably required: AND IT is HEREBY DECLARED
that the licensor .or his assigns shall be at liberty at any time after
LICENCES. 1099
the -- day of - , 19 , to servo the licensee for his assigns'] with revoke ou
notice
a written notice to revoke this licence, which accordingly shall
stand and be revoked at the expiration of - - weeks from the
date of such service, but without prejudice to the payment of
any royalties or other sums due hereunder up to the time of re-
vocation: AND EACH of them the said parties thereto doth hereby Mutual
covenant with the other of them that he [or his assigns] will at the
earliest opportunity either at his [or their] own place [or respec- ments -
tive places] of business, or by post (if suitable), or otherwise,
as shall be reasonably required during the continuance of this
licence, communicate and explain to the other of them Tor his
assigns], free of charge except as to expenses out of pocket incurred
thereby, any improvement in or addition to the said invention or
mode of applying the same, or any discovery useful for the manu-
facture of the said articles that he [or they] may invent, ascertain,
or make, or otherwise be enabled to communicate, and that every
such improvement, addition, or discovery (whether the same shall
be or become patented or not), shall, during the continuance of
this licence, be for the use of both parties hereto [or their respec-
tive assigns], and if made, invented, or ascertained by the licensor
[or his assigns], shall for the purposes hereof be deemed part of
the said invention.
IN WITNESS, &c. (c).
32. LICENCE (exclusive} at RENT and ROYALTIES.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c., of
the one part, and C. D., of, &c., of the other part [recite as in Recitals.
Precedent 30, ante, but use the expression " sole and exclusive Grant -
licence"]. NOW THIS INDENTURE WITNESSETH that
in pursuance of the said agreement, and in consideration of the
royalties and rent hereinafter reserved, and the obligations of
the licensee hereinafter contained, the licensor doth hereby grant
unto the licensee [and his assigns] the full, sole, and exclusive
liberty, right, licence, power, and authority, within the town of
, in the county of , to a radius of - - miles from the
front of the town hall thereof, to use, exercise, and vend the said
invention: To HAVE, HOLD, exercise, and enjoy the said premises
(c) The licence should be registered. (See sect. 28 of the Act of 1907.)
B. VOL. II. 16
PATENTS.
Reddendum.
Covenanta an
to validity of
patent ami
power to
grant.
Lici-nxee's
covenants.
To pay
royalties,
and rent.
Average
clause.
Accounts.
Use of patent
mark.
Manufacture
according to
specification.
Liberty to
inspect
factory.
Nn assign-
ment, &c.
without
consent.
Proviso
giving power
to grant sub-
liccncee,
unto and by the licensee and his assigns, for and during the residue
now to come and un expired of the said terra of fourteen years, and
during any further term for which the said letters patent may be
prolonged [YIELDING AND PAYING, &c. (d)]: AND THE LICENSOR
doth hereby covenant, &c. [Qualified covenants as to validity of
patent and power to grant, as in last precedent]: AND THE
LICENSEE doth hereby covenant with the licensor, &c. [Covenant
for payment of royalties as in Precedent 30, but importing
"assigns" and continuing as follows]: AND ALSO such further
sum (if any) as together with the said royalties shall amount to
the sum of (hereinafter called " the rent ") [that is to say,
a sum equal to the amount of royalties on - - of the said
articles (e)]: PROVIDED ALWAYS that if the rent for any half-
year shall exceed the total amount of royalties due therefor, the
licensee or his assigns shall be entitled, for any one or more suc-
ceeding half-years (so far as necessary for the purpose) for which
respectively the total amount of royalties due shall exceed the rent,
to a remission of so much of the latter excess as will make up to
him or them the excess of payment made in the half-year for
which the rent shall have exceeded the royalties due therefor as
aforesaid: AND THE LICENSEE doth hereby also covenant with the
licensor, &c. [Covenants as to keeping, furnishing, and verifying
accounts, and allowing inspection of books, the use of the patent
mark, manufacture only according to the specification, and liberty
to inspect the factory, as in last precedent] : AND ALSO that neither
the licensee nor his assigns will, without the written consent of
the licensor or his assigns first had and obtained, assign, or mort-
gage, charge, [grant Sub-licences in respect of (/)] or otherwise
deal or part with the possession or control of this licence, or attempt
so to do [except by way of sub-licensing as next hereinafter pro-
vided], but such consent shall not be arbitrarily withheld: [PRO-
VIDED ALWAYS that it shall be lawful for the licensee and his
assigns to grant sub-licences hereunder, which shall respectively
(rf) As to the insertion of the reddendum, see ante, p. 1096, n. (y).
(e) The matter in brackets is objectionable on the ground that some
discrepancy might, by the mention of the wrong number of articles,
arise between it and the statement as to the amount of royalty. Its inser-
tion, on the other hand, is no doubt convenient.
(/) Omit this reference to sub-licensing if the next later matter in
brackets is to be inserted.
LICENCES.
be according to the terms (amongst others) mentioned in the
schedule hereto: PROVIDED ALSO, that the licensee or his assigns but notice and
shall, immediately after the grant by him or them of any sub-
licence, give the licensor or his assigns written notice thereof,
stating the date thereof, the name and address of the sub-licensee,
the nature of the privileges thereby granted, the amount and times
for payment of the royalties reserved thereunder, the length of
the term comprised therein, and the locality in which the same
is to bo enjoyed, and also showing that the sub-licence contains
the terms hereinbefore provided in this behalf]: AND THE LICENSEE Not to dis-
doth hereby also covenant with the licensor that neither he, the ^patent and
licensee, nor his assigns will during the continuance of this licence, to detect m-
&c. [Covenants as to not disputing the validity of the patent and assist
and to detect infringements and assist licensor, as in last pre-
cedent, saying " undertaken (unrequested by the licensee or his
a88iqns)"~\: AND THE LICENSOR doth hereby covenant with the f l(rther
iiii- i -nil- covenants.
licensee that he the licensor or his assigns will, during the co,n- To feeg
tinuance of this licence, pay all fees necessary for the renewal of and observe
the said letters patent - days at least before the latest times patent.
appointed for the payment thereof respectively, and, when
required by the licensee or his assigns, produce the certificate to
him or them of any payment thereof, or permit the licensee or his
assigns to pay any one or more of such fees, and to deduct the
amount of the same if and when so paid by him or them from the
amount of royalties or other sums for the time being due here-
under, and also generally perform or observe the conditions of the
said letters patent: AND ALSO that the licensor or his assigns will, To defend
,,. ,. . ..,. ,. proceedings
at all times during the continuance of this licence, at his or f or revocation
their own cost, defend every proceeding for the revocation of the and at c ? 8t of
J r . licensee to
said letters patent, and at all times aforesaid, at the request and take proceed-
cost of the licensee or his assigns, commence and prosecute all
legal or other proceedings in respect of any infringement or sus- or permit
pected infringement of the said letters patent committed within
the said district, or permit the licensee or his assigns at the
like cost so to do in the name of the licensor or his assigns: AND Not to amend
. . . .,, . specification.
THAT neither the licensor nor his assigns will at any time during
the continuance of this licence amend the specification for the
time being in force at the Patent Office of the said invention
without the written consent of the licensee or his assigns, but such
consent shall not be arbitrarily withheld : AND THAT he, the That no other
16 (*} licences
1102
PATENTS.
within
district are
subsisting.
Not to use,
&o. invention
in district.
Mutual
covenant as to
improve-
ments, &c.
Proviso for
revocation by
licensor
on default in
payment or
breaches, &c.
licensor, hath not heretofore granted any licence for use of the
said invention within the said district: AND THAT neither the
licensor nor his assigns will, during the subsistence of this licence,
use the said invention or grant licences in respect thereof or autho-
rise any person whomsoever to use the said invention within the
said district: AND EACH of them, the said parties hereto, doth
hereby covenant with the other of them that, &c. [Mutual cove-
nant as to improvements, dc., as in last precedent]: PROVIDED
ALWAYS that if any royalties or other sums payable hereunder by
the licensee or his assigns or any part thereof respectively shall
for any half-year aforesaid be not paid within twenty-one days
from the expiration thereof (whether demanded or not), or if
the licensee or his assigns shall make default in any other obliga-
1 ion by him herein contained, and (in the case of a breach capable of
being made good) shall, for the space of - - days after he shall
have been served with a notice in writing by the licensor or his
assigns to make good the said breach, neglect or omit so to do,
or if the licensee or his assigns shall become bankrupt or commit
any act of bankruptcy, whether available for adjudication or not,
then the licensor or his assigns, at any time thereafter, and not-
withstanding any merely implied waiver by him or them of his
or their right so to do, may, by serving the licensee or his assigns
or his or their trustees in bankruptcy (if any) with a notice in
writing for this purpose, forthwith revoke this licence, without
prejudice, however, to the recovery by the licensor or his assigns
of any moneys then already due, or to any right of action by or on
behalf of either party or his assigns for past breaches accrued here-
under: PROVIDED ALSO that if the said letters patent shall from any
cause become wholly, or as to some material part of the said inven-
tion, void and incapable of being restored (notwithstanding that
any judgment in revocation of the said letters patent to the extent
aforesaid shall or shall not be appealed against), the licensee or
his assigns may at any time thereafter, by notice in writing
served on the licensor or his assigns, determine this licence forth-
with, without prejudice, however, to the recovery by the licensor
or his assigns of any royalties or other sums then already due-
to the licensor or his assigns hereunder, or to any right of action
then already accrued to either party or his assigns hereunder:
Acknowledg- AND THE LICENSOR hereby acknowledges the right of the licensee
and his assigns to the production of the said letters patent, and
Proviso for
determination
of licence if
patent void.
iiu-iit. &c. as
LICENCES. 1103
any other letters patent in prolongation thereof, and to the to th * letters
delivery and right to take copies of the same, and hereby under-
takes for the safe custody thereof respectively.
IN WITNESS, &c. (g).
THE SCHEDULE.
33. LICENCE (exclusive) at RENT and ROYALTIES to MANU-
FACTURE and SELL CHEMICALS FOREIGN CONCESSION
held by LICENSOR to get the RAW MATERIAL LICENSOR
to supply LICENSEE with the MATERIAL at PRICES
ANALYSES of CARGOES by CHEMISTS No RENT payable
when SUPPLY insufficient.
THIS INDENTURE, made the - - day of, &c., BETWEEN
A. B., of, &c. (hereinafter called "the licensor"), of the one Recitals.
part, and C. D., of, &c., of the other part: WHEREAS by letters Grant of
patent, &c. [Grant of patent, and devolution (if any) of title, ut
ante, p. 1095]: AND WHEREAS by an instrument in writing, title.
or acte d'autorite, dated, &c., under the seals of, &c. (hereinafter
. . . x concession to
called "the said concession"), the licensor has obtained from obtain raw
the Government of - the sole and free right and liberty to Inatena1 '
search, dig for, obtain, and take away in and from the Island
of - , in, &c. [name of raw material], subject to such royalties
or duties as therein mentioned, for the term of 7 years from the
day of , determinable and renewable as therein provided:
AND WHEREAS the said [raw material] is the principal ingredient
for the manufacture of, &c. [the patent material], and usually
contains a considerable proportion of acid : AND WHEREAS for manufac-
the said C. D. (hereinafter called "the licensee") is established *^J the
at aforesaid as a manufacturer of chemicals of various kinds: chemicals.
AND WHEREAS the licensor has agreed to grant the licensee a Licensee
sole and exclusive licence to manufacture chemicals according to in business,
the said invention within the counties of, &c., &c., upon the terms Agreement to
hereinafter appearing, and to supply him with the [raw material] l^u^ce"
in certain minimum quantities from time to time upon the terms i s t Testatum.
hereinafter expressed: AND WHEREAS, in view of the grant of Grant of
exclusive
(gr) The licence should be registered.
1104
PATENTS.
licence
for district.
Covenants as
to validity of
patent
and rijfht to
grant.
2nd Tantalum.
Covenants.
Royalties up
to a in minium
on chemicals
manufac-
tured.
Average
clause.
this licence, the licensee hath already purchased from the licensor
a considerable quantity of the said [raw material]. NOW THIS
INDENTURE WITNESSETH that in pursuance of the said
agreement in this behalf, and in consideration of the royalties
and rent hereinafter reserved, and the covenants and agreements
on the part of the licensee hereinafter contained, the licensor doth
hereby grant unto the licensee and his assigns the full, sole, and
exclusive liberty, right, licence, power, and authority, within the
said counties of, &c., &c. (hereinafter called " the said district"),
to manufacture chemicals according to the said invention, and also
to sell the chemicals so manufactured: To HAVE, HOLD, exercise,
and enjoy the said licence and premises unto and by the licensee
and his assigns, for and during all the residue now to come and
unexpired of the said term of fourteen years granted by the said
letters patent, and during any further term for which the said
letters patent may be prolonged: AND THE LICENSOR doth hereby
covenant with the licensee, &c. [Covenants as to validity of patent
and right to grant as in Precedent 31, ante]: AND THIS IN-
DENTURE ALSO WITNESSETH that in pursuance of the
said agreement in this behalf, and in consideration of the premises,
it is agreed and declared as follows (h}:
1 . The licensee shall, during the continuance of this licence, pay
to the licensor half-yearly on every day of and -
day of , royalties at the rate of shillings per pound
on all chemicals manufactured by the licensee hereunder in the
half-years then ending respectively, and also such further sum
(if any) as. together with the said royalties, shall amount to the
sum of - (hereinafter called " the rent ") [that is to say, a
sum equal to the amount of royalties on Ibs. of the said
chemicals].
2. PROVIDED ALWAYS, that if the rent for any half-year shall
exceed the total amount of royalties due therefor, the licensee shall
be entitled for any one or more succeeding half-year (so far as
necessary for the purpose) for which respectively the total amount
of royalties due shall exceed the rent, to a remission of so much of
(A) The system of clauses is adopted in this and the following prece-
dents of licences, as being most suitable to what may be called the informal
part of the deed, as distinguished from that part of it which contains
the actual licence and the covenants for title.
LICENCES. 1105
the latter excess as will make up to him the excess of payment
made in the half-year for which the rent shall have exceeded the
royalties due therefor as aforesaid.
3. PROVIDED ALSO, that in the event of the said concession Proviso as to
becoming determined, or the supply of material from the said of'
Island of - - within the limits aforesaid becoming exhausted, or any half-year
i i i i T n i IP if insufficient
any other event whereby the licensor shall be in any one half-year supply of
become unable to and in fact not supply to the licensee the said material -
material to the amount of -- tons at least as hereinafter pro-
vided, the rent shall not become payable for such half-year, but
this proviso shall not affect the obligation of the licensee to pay
royalties on the amount of chemicals in the same period actually
manufactured by him subject to the operation of Clause 2
hereof (i).
4. The licensor shall, for every half-year during the continuance Licensor
of this licence (the first whereof, however, commencing on the licensee half -
- day of - (ft)), supply to the licensee, and the licensee yearly with
shall purchase from him - tons of the said material contain- we ight of
ing -- per cent, at least of - acid, and at the option of the ra w material
' at fixed prices
licensee, a further amount not exceeding - tons of the said according to
material containing the like minimum percentage of - acid, and ^ ^cicP
the licensee shall pay for the different kinds of such material the
following prices, namely, for such quantity thereof as after
analysis shall be found to contain not less than - - per cent, of
acid, the price of - per ton, and for such quantity thereof
as shall be found as aforesaid to contain - - per cent, and not
less than -- per cent, of - acid, a price per ton in the same
proportion to the said sum of - as such lesser percentage of
- acid shall bear to the - percentage, and all quantities of
the said material so purchased, if coming from the said Island or
elsewhere abroad, shall be delivered to the licensee free ex ship in
the River Thames, or other place of arrival from abroad, and
the said prices shall be payable at the end of the respective half-
years in which the same shall be purchased.
5 . Any difference at any time between the parties as to the per- Analysis
of material by
chemists.
(i) The licensee may, by Clause 6, obtain material elsewhere, if and
while he is insufficiently supplied by the licensor.
(&) This might conveniently be six calendar months after date, the
licensee being already supplied with material.
HOti PATENTS.
centagc of - - acid in the different quantities of material so
to be purchased shall be referred to the arbitration of some com-
petent and well-known chemist in Great Britain, or of two such
chemists, one to be appointed by each party hereto, and Clause 23
hereof shall, with the necessary modifications, be applicable to any
such reference.
License^ not g Tj ie licensee shall not during the continuance of this licence,
tO 8611, \T. . nil- 11 1 T
material without the written consent of the licensor, sell or otherwise dis-
P ose ^ an y suc ^ ma terial supplied by or through the licensor,
or purchase except in the form of chemicals manufactured according to the
riafellewhere specification of the said invention, nor (so long as the licensor
unless licensor 8 hall be able and willing to supply him therewith), purchase or
fail to supply . ". L
him. acquire from any other person or persons any material aforesaid
or other like material.
Books and 7. The licensee shall keep at his usual place of business all
accounts kept, prO p ei . books of account, and make true and complete entries
inspection, so. v
and accounts therein at the earliest opportunities, of all particulars necessary
or convenient for any of the purposes hereof, of all transactions
relating to the manufacture by him of chemicals under this licence,
and of the like chemicals sold by him hereunder, and shall pro-
duce the said books to the licensor, &c. [Production mid inspec-
tion of books, and delivery of accounts as in Precedent 30, omitting
reference to " assigns "]. And will, if and when required by
the licensor, but at the expense, &c. [Verification of statement as
in Precedent 31, ante].
Use of patent 8. The licensee shall affix on every box, packet, bottle, jar, or
other receptacle of or containing the said chemicals, as and when
manufactured by him, a label or plate bearing the proper patent
mark and designation of the said invention, which shall be fur-
nished by the licensor (Z) as and when required by the licensee,
and shall not sell or part with the possession of any chemicals
aforesaid, or the receptacle containing them, without such mark
and designation being so affixed, and shall on each half-yearly day
aforesaid pay to the licensor for the said labels and plates so
furnished in the half-year then ended as aforesaid at the rate of
- shillings per gross of labels, and - - shillings per dozen
of plates aforesaid.
(I) Or refer to the patent mark, &c. as being " of the kind designated in
the margin hereof."
LICENCES. 1 107
9. The licensee shall not during the continuance hereof, without To manufac-
tlie written consent of the licensor, manufacture any chemicals to spe cifi-
aforesaid (from whatever source supplied to him) without the cation -
application of the said invention as described in the accepted
specification thereof for the time being in force at the Patent
Office. And in case he shall do so without such consent shall but
without prejudice, &c. [As in Sp. Cl. 30, post, p. 1158, using the
term " chemicals " instead of " articles "].
* * * * *
[For Clause 10, as to inspection of factory, use Precedent 31; riauses
for Clause 11, as to non-assignment, $c., with the proviso giving l
power to sub-license, and the proviso as to notice, dc., use last
Precedent ; for Clauses 12 and 13, as to not disputing the validity
of the patent, and detecting infringements and assisting licensor,
&c., use Precedent 31 [but, as to " assistance," with the qualifica-
tion as in Precedent 32]; and for Clauses 14 18, as to payment of
fees and observance of conditions of patent, defence in proceed-
ings for revocation and taking, &c. proceedings for infringe-
ments, non-amendment of specification, no other licences subsist-
ing, and non-user, &e. of invention within district, use the last
precedent.']
# * * * *
19. Each of the parties hereto shall, during the continuance of Each party to
this licence, at the earliest opportunity, either at his own place of O f Improve-
business, or by post (if suitable), or otherwise as shall be reason- mentsmade
. / . , . by the other.
ably required, communicate, and explain, &c. [Mutual covenant
as to improvements, &c., as ante, p. 1099].
20. If any royalties or other sums payable hereunder by the Power
licensee, or any part thereof respectively, shall remain unpaid for
twenty-one days after the time hereinbefore appointed for pay- covenants or
ment thereof (whether demanded or not), or if the licensee shall, licensee** ^
&c. [Use last precedent].
21. If the said letters patent shall from any cause become Power
wholly or as to some material part of the said invention void, and Determine 3
incapable of being restored (notwithstanding that any judgment licence if
in revocation of the said letters patent to the extent aforesaid shall become void
or shall not be appealed against) (m\ or if the licensor shall in or breaches
by licensor.
(ra) If a provision be inserted that during any proceedings for revoca-
tion, or pending any appeal from the judgment thereon the payment of
1108
PATENTS.
Acknowledg-
ment, &c. as
to the letters
patent.
Arbitration
clause.
Transmission
clause.
any half-year make default in supplying the licensee with the
full minimum quantity of - - tons of the said material as afore-
said, the licensee may by notice in writing served on the licensor ,
to operate at once in the former event, and at the expiration of
two calendar months from the end of such half-year in the latter
event, determine this licence, but such determination shall be
without prejudice to the recovery by either party of any moneys
then already due or right of action accrued hereunder.
22. The licensor hereby acknowledges the right of the licensee
to production, &c. \_As in last precedent, but omitting reference
to " assigns "].
23. If any difference shall arise between the parties hereto other
than the difference referred to in Clause 5 hereof, in respect of
the construction hereof, or their respective rights, duties, or liabili-
ties hereunder, the same shall be referred to the award and deter-
mination of two arbitrators, to be chosen one by each party hereto,
and in case the said arbitrators disagree or fail to make an award
within - months after entering on the reference, or after hav-
ing been called on to act, by notice in writing from any party
to the submission, then to the award, umpirage, and determination
of such person as the said arbitrators shall appoint as umpire.
24. Except where in any case the context requires a different
interpretation, the expression " the licensor " or " the licensee,"
or any other expression designating the same person, wheresoever
used herein, shall extend and be construed to apply also as far
as possible to the assigns of the person so designated.
IN WITNESS, &c. (n).
THE SCHEDULE.
royalties shall be suspended or made to trustees (see Sp. Cl. 18 and 19,
post, p. 1154), the above matter in brackets should be omitted.
() The licence should be registered: sect. 28 of Act of 1907.
LICENCES. 1 109
34. LICENCE (exclusive) to SELL the PATENT ARTICLES
LICENSOR both FRENCH and BRITISH PATENTEE
LICENSOR from FRENCH FACTORY or his BRITISH MANU-
FACTURING LICENSEES to supply ARTICLES MONTHLY at
PRICES.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the licensor"), of the one part, and C. D., of,
&c. (hereinafter called " the licensee "), of the other part:
WHEREAS the licensor is entitled to a Brevet d' Invention, dated, Recitals.
&c., and numbered, &c., granted to him for the sole and exclusive French
patent.
privilege of using and vending within the Republic of France a
certain invention described as, &c., for the term of fifteen years
from the day of : AND WHEREAS the licensee at his own British
-,i ,1 , patent taken
expense in part pursuance 01 an agreement with the licensor out in joint
obtained in the joint names of himself and the licensor letters names,
patent, dated, &c., numbered, &c., for the use of the said invention
within the United Kingdom and the Isle of Man for the term of
fourteen years: AND WHEREAS by an indenture dated, &c., and and then
made between the licensee, of the one part, and the licensor, of licensor 11
the other part, the licensee in further pursuance of the same agree- subject to
TIT i covenant
ment, and in consideration 01 the covenant by the licensor therein to grant this
contained to grant the licence hereinafter contained, duly released llcence -
and assigned to the licensor all his interest in the said letters
patent: AND WHEREAS the licensor is established at , in the Licensor
department of aforesaid, in the business of manufacturing France 8 as
articles according to the said invention: AND WHEREAS in further manufacturer,
pursuance of the same agreement the licensee hath purchased from
the licensor 500 of the said articles at the price of .
NOW THIS INDENTURE WITNESSETH that in pursuance i< Tetat um .
of the said covenant in this behalf, and in consideration of the Grant . of
exclusive
premises, and also of the obligations on the part of the licensee licence in the
hereinafter contained, the licensor doth hereby grant unto the do ^ to ^ k
licensee and his assigns the full, sole, and exclusive liberty, right, the patent
licence, power, and authority, within the United Kingdom and
Isle of Man, to sell [articles] manufactured according to the speci-
fication of the said invention, or of any improvement thereof,
which shall be supplied to the licensee or his assigns by the licensor
or his assigns or otherwise as hereinafter mentioned: To HAVE,
HOLD, exercise, and enjoy the said licence and premises unto and
1110
PATENTS.
Qualified
covenants as
t<> validity
and rijrht to
if rant.
'hid Tfxititiiiii.
Agreement
and declara-
tion.
Licensor
to supply and
licensee
purchase
minimum
number
of articles
monthly
at prices in
schedule.
Licensor
to supply
further
number
if required at
like prices
but time
allowed for
large orders.
Licensor not
to grant other
licences
to sell nor
(except on
condition of
not supplying
others than
by the licensee and his assigns for and during ail the residue now
to come and unexpired of the said term of fourteen years granted
by the said letters patent, and any further term for which the
said letters patent may be prolonged: AND THE LICENSOR doth
hereby covenant with the licensee, &c. [Qualified covenants as to
validity of patent and right to grant as in Precedent 31, ante].
AND THIS INDENTURE ALSO WITNESSETH that in
pursuance of the said covenant in this behalf, and in consideration
of the premises, it is agreed and declared as follows:
1. The licensor shall, at or shortly before the end of each
calendar month during the continuance of this licence (the first
whereof commencing on the - - day of - - next), supply to
the licensee or his nominees, who shall accordingly purchase from
him - in number at least of each of the five classes of [articles]
which can be manufactured according to the said invention or
any improvement thereof at the prices respectively mentioned in
the schedule hereto, according to the variations in price for the
time being of [raw material] and the cotton or textile fabric out of
which their covers are made, which shall be payable by drafts or
bills of days after the delivery (as hereinafter defined) of
the said articles respectively.
2. The licensor shall at all times during the continuance of the
licence supply the licensee or his nominees with any further
number of the said articles than as aforesaid not exceeding
altogether - of any class or classes per calendar month, as and
when required by the licensee or his nominees, at the respective
prices, and with the like mode of payment as aforesaid: PRO-
VIDED ALWAYS, that the licensee or (as the case may be) his
nominee or nominees shall in every case under this clause allow
the licensor or person or persons authorised by him to supply the
same days at least for the execution of any order which shall
be for more than articles altogether of any class or classes,
and shall also allow an interval of - - days at least for the
execution of two consecutive orders each of which may be for
more than the same number of articles.
'-}. The licensor shall not during the subsistence of this licence
sell the said articles, nor grant any other licence to sell the same
within the United Kingdom or Isle of Man, and shall not, unless
subject to the condition (amongst others) that the licensee there-
under shall not sell or supply any such articles to any person or
LICENCES. 11 11
persons, firm or company, within the United Kingdom or Isle of ti" 8 licensee)
Man other than to the licensee or his nominees, grant any licence ture within
under the said letters patent to manufacture the said articles: ? lte
Kingdo
PROVIDED, however, that the licensee (party hereto) shall, at the
written request of the licensor, join in any such licence last afore-
said, in order to covenant with the licensee thereunder to pay to
him, at the prices and by drafts or bills as aforesaid, for the articles
which shall be supplied to him or his nominees by such licensee by
way of satisfaction pro tanto of any covenant by the licensor in
this behalf hereinbefore contained, and (if the licensor shall think
fit) shall obtain a covenant by the licensee thereunder to supply
him or his nominees with the said articles either to the full extent
of the obligations of the licensor hereunder in this respect, or to
any lesser extent.
4. Notwithstanding anything herein to the contrary, the prices Licensee
of all articles aforesaid which shall be supplied hereunder to the
licensee or his assigns or his or their nominees shall be guaranteed articles sup-
by the licensee himself (o). assigns
5. The delivery of any articles aforesaid to a railway company or nominees.
or other common carrier on the sale thereof to the licensee or his
nominees shall be deemed a delivery to him or them thereof.
6. All articles supplied by the licensor or his licensees as afore- Articles to be
11111 P i i P i 11- i * good make,
said shall be 01 the best manufacture, and as delivered to the & c . or may be
railway company or other common carrier as aforesaid in good and returned -
merchantable condition, or, if not, the licensee or his nominee or
nominees (if any) to whom any of the same shall be supplied may,
within six days from their receipt by him or them at his or their
usual place of business in London, in due course of transit, return
them to the licensor or the licensee or other person supplying the
same, and the licensor or such licensee or person shall allow or pay
to him or them all expenses (if any) incurred by him or them in
respect of the carriage to and fro thereof.
7 . The licensee shall keep or cause to be kept undef aced the Use of patent.
patent mark on every article supplied to him or his nominees n
hereunder, and so that the same shall not be sold or parted with
while not bearing the patent mark.
*****
(o) This guarantee will enable the licensor to dispense with a covenant
against assignment, &c.
1112
PATENTS.
Clausen
812.
Determi-
nation by
licensee if
patent void or
insufficient
supply.
Revocation of
licence if
payments in
arrear or on
bankruptcy,
Ac.
Remaining
[For Clauses as to not disputing validity and detecting in-
fringements (p) and assisting licensor, <&c., use Precedent 31 [but,
as to "assistance," with the qualification as in Precedent 32]:
and for Clauses a ? to payment of fees and observance of conditions,
defence in proceedings for revocation and taking, &c. proceedings
for infringements (q), and no other licences " to sett " having
!><< n granted, use Precedent 32] (r).
13. If the said letters patent shall from any cause become
wholly or as to some material part of the said invention void, &c.
[Power to determine if patent void or insufficient supply " in any
calendar month aforesaid of the full minimum quantity of -
articles as aforesaid," using Clause 21 of last precedent].
14. If for the space of days from the time of delivery
(as hereinbefore defined) of any articles supplied to the licensee
or his nominees hereunder, there shall not be sent or given to the
licensor or other person or persons entitled thereto a draft or bill
in payment of the prices therefor respectively as aforesaid, or if
any such draft or bill shall be dishonoured, or if the licensee shall
make default, &c., become bankrupt, &c., then the licensor at any
time thereafter, &c. [Use Precedent 32, ante].
[For the remaining clauses as to the undertaking to produce the
letters patent, &c., Arbitration Clause, and Transmission Clause,
refer to last precedent.]
IN WITNESS, &c. (s).
THE SCHEDULE.
(p) That is, as to infringements in manufacture or sale.
(g) This had better be limited to infringements with respect to the sale
of the articles, and not the manufacture of them.
(r) A covenant against assignment, &c., or sub-licensing, is not inserted,
iis being too restrictive of the right of the licensee under Clause 3 to
nominate persons to take goods direct from the licensor, &c., and would
hamper him in the sales. A covenant by licensor not to sell or grant other
licences appears in Clause 3.
() The licence should be registered.
LICENCF.S. 1113
35. LICENCE to a FIRM to MANUFACTURE at OWN WORKS
and (subject to RESERVATION to grant LIMITED NUM-
BER of. SELLING LICENCES) to SELL the PATENT ARTICLES .
WITHIN a DISTRICT RENTS and ROYALTIES on SALES,
or at OPTION of LICENSEES both on MANUFACTURES and
SALES DELIVERY of ARTICLES to SUB-LICENSEES to be
deemed SALES.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the licensor"), of the one part, and C. D. and'
E. F., carrying on the business of, &c., at, &c., as co-partners
under the firm of, &c. (hereinafter called " the licensees "), of Retitak.
the other part: WHEREAS by letters patent, &c. [Grant, ut ante, Grant -
j>. 1095]: AND WHEREAS the licensor hath agreed to grant the
licensees a licence to use the said invention at their own works at
R. aforesaid, and to sell the s manufactured by them thereby
within the counties of, &c., subject to the reservations, and upon
the terms hereinafter appearing: NOW THIS INDENTURE
WITNESS ETH that in consideration of the royalties and rent
hereinafter reserved, and the covenants and agreements on the
part of the licensees hereinafter contained, the licensor doth hereby
grant unto the licensees and their assigns the full, sole, and exclu-
sive liberty, right, licence, power, and authority to make, use,
and exercise the said invention and manufacture s according
thereto, at their works at R. aforesaid, but not elsewhere, and also
to sell the so manufactured within the counties of, &c. (here-
inafter called "the said district "): EXCEPTING AND RESERVING
unto the licensor and his assigns the right within the said district
(but not to the exclusion of the licensees or their assigns) to grant
licences () to any persons, firms or companies respectively, to sell
the said s, but so that not more than six in number of such
licences shall be subsisting at the same time: To HAVE, HOLD,
exercise, and enjoy the said licence and premises unto and by the
licensees and their assigns for and during all the residue, &c. [As
in last precedent^, but so long only as the licensees or either of
them or their or his assigns shall, either alone or in co-partnership
with any other person or persons, continue and carry on the busi-
ness of, &c., at the said works at R., under the firm of, &c.: AND
(<) See Clause 18.
1114
PATKNTS.
The term
"licensees"
to include
assigns as
aforesaid.
Royalties
half-yearly on
articles sold.
Average
clause.
Licensees may
vary above
royalties by
paying both
as to manu-
facture and
sale.
Proviso that
articles un-
sold at end of
licence be
treated as
sold and bear
royalties
accordingly
less discount.
THE LICENSOR doth hereby covenant, &c. [Qualified covenants as
to validity of patent and right to grant as in Precedent 31, ante]:
AND THIS INDENTURE ALSO WITNESSETH that in
consideration of the premises it is agreed and declared as follows:
1. The said term " the licensees " shall also be applicable herein
as far as can be to the survivor of the said C. D. and E. F.,
or other the persons or person for the time being constituting the
said firm carrying on the said business at R. (u).
2. The licensees shall, during the continuance of this licence,
subject to the provisions of the next two clauses respectively,
pay to the licensor half-yearly on every - day of - and -
day of - - for every - - manufactured by them hereunder,
and in the half-years then ending respectively sold by them, the
royalties mentioned in the first part of the schedule hereto, accord-
ing to the size and description of the - s so sold, and also such
further sum (if any) as together with the said royalties shall
amount to the sum of - (hereinafter called "the rent").
3. PROVIDED ALWAYS, that if the rent for any half-year shall
exceed the royalties, &c. [As in Clause 2, p. 1104, ante].
4. The licensees may, at the end of each half-year, without
giving any previous notice to the licensor of their intention so to
do (but so as not thereby to reduce the rent), vary the amount of
royalties in respect of any of the articles aforesaid not being less
than - - in number then in their possession and unsold, by
debiting themselves therefor in the accounts for such half-year
with tho royalties in this behalf mentioned in the second part of
the schedule hereto, and so that at the end of any succeeding half-
year in which the same articles shall be sold they shall debit them-
selves therefor in the accounts with the further royalties in this
behalf also mentioned in the second part of the said schedule:
PROVIDED ALWAYS, that at the end or sooner termination of this
licence all articles in the possession of the licensees not then
already sold, whether actually manufactured or only in course of
manufacture, shall bear the royalties which would respectively
become payable by virtue of this clause or Clause 2 as if the same
() As to covenants binding assigns, see Werdermann v. Societe
Generate d'Electricite, 19 Ch. D. 246, as explained in Bagot Pneumatic
Tyre Co. v. Clipper Pneumatic Tyre Co., [1902] 1 Ch. 146.
LICENCKS. 1H5
had been actually sold, less, however, a discount of - - per cent,
thereof.
5. All articles delivered or sent by the licensees to any of their Delivery
sub-licensees according to the terms of their respective sub-licences f articles to
. sub -licensees
shall for the purposes of this licence be considered as having been to be deemed
actually sold by the licensees at the respective times when the same a
shall have left their said works in the possession of or to be
delivered to such sub-licensees respectively. And the licensees
shall accordingly pay in respect of such articles the royalties pro-
vided by Clause 2, or (as the case may require) Clause 4, to be
paid in respect of sales, less a discount of per cent, thereof.
6. The licensees shall keep at their works at R. aforesaid all Accounts
proper books of account, &c. [Use Precedent 30, with the addition infection
from Precedent 31, as to verification of statements]. allowed, &c.
*****
[For other clauses not inserted or provided for hereinafter, see clauses
Precedents 3033, ante ().] 7 ~ 17 -
*****
18. The licensor shall not within the said district during the Covenant by
continuance of this licence use the said invention, or any invention ucensor a? to
/ * _ non-user in
for the time being subject hereto, or grant licences in respect district except
thereof, except that lie may grant licences to sell but not to manu- uc
facture the said articles to such an extent only that there shall not reserved
T)O wcr
be more than six in number of such licences subsisting at the same
time, and that the respective licensees thereunder shall be bond
fide purchasers from or through the licensor of the articles supplied
to them respectively, and not his mere agents for the sale thereof
respectively, whether on commission or otherwise.
(v) The ordinary covenants may be taken to be eleven in number,
namely, covenants by the licensees to use the patent mark; to manufac-
ture only according to the specification; to allow inspection of factory;
not to assign, &c. (with provisoes granting power to sub-license, and'
requiring notice of sub-licences as .in Precedent 32); not to dispute
validity of patent; and to detect infringements and give notice thereof;
and covenants by the licensor to pay fees and perform conditions of
patent; to defend patent; to take proceedings for infringements or permit
licensees, &c.; not to amend specification; and that there are no other
subsisting licences within the district. See the qualification as to " assist-
ance " in Precedent 32.
B. VOL.11. 17
1116
PATENTS.
Remaining
Clail8t'8.
[For a mutual covenant as to improvements, $c., use
Precedent 31 ; power of revocation (x), use Precedent 32; power of
determination by licensees, use Precedent 33 (except as to default
in supplying material) ; acknowledgment, &c., as to the letters
patent, use Precedent 32; arbitration and transmission clauses,
use Precedent 33.]
IN WITNESS, &c. (*/).
THE SCHEDULE.
First Part.
Second Part.
Recitals.
Grant of
patent to
A. B.
Articles of
partnership
between the
licensors
making the
patent an
asset of the
firm.
36. LICENCE (exclusive} for a DISTRICT at a sum the
balance whereoj is payable in five years by half-yearly
INSTALMENTS // any instalment in arrear, final balance,
or any part demanded, at once payable PAYMENTS TO
. CEASE if Patent void, but to revive if decision over-
ruled CESSER OF PAYMENT to be taken as DAMAGES
ASSIGNMENT for the District, when all Moneys paid
REVOCATION of the Licence if long Default in Pay-
ment or Bankruptcy Licensee may determine on breach
by Licensor.
[SALE on HIRE SYSTEM.]
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c., and
C. D., of, &c. (hereinafter called " the licensors ") of the one part,
and E. F., of, &c. (hereinafter called "the licensee ") of the
other part: WHEREAS by letters patent, &c. [Grant of patent to
A. B., ui ante, p. 1093]: AND WHEREAS by articles of partnership
dated, &c., and made between the said A. B. of the one part
and the said C. D. of the other part it was declared (amongst
other things) that the said parties thereto should become part-
ners for the term of years from the date thereof in the business
of, &c., including the manufacture and sale of - , which might
(a;) la the clause conferring this power on the licensor, use, with
reference to the bankruptcy of the licensees, the expression " the licensees
or any member or members of the said firm for the time being."
(?/) The licence should be registered.
LICENCES. 1117
be manufactured according to the said invention: And that the
.said letters patent and any extension thereof, together with the
benefit of any improvements made or acquired during the partner-
ship by either party, and the letters patent (if any) in respect
thereof, should be assets of the partnership: And that no licence
under the said letters patent or any of them should be granted by
the said A. B. without the concurrence of the said C. D.: AND Agreement to
WHEREAS the licensors have agreed with the licensee to grant ^^ the
to him an exclusive licence within the district comprising the
city of in the county of - - to the extent of - - miles in
radius from, &c., to manufacture and otherwise to use, exercise,
and vend the said invention, and ultimately to assign to or vest
in him the patent rights aforesaid for the said district, at the price
of - payable by instalments as hereinafter provided: NOW 1st Testatum.
THIS INDENTURE WITNESSETH that in pursuance of the g<
said agreement in this behalf, and in consideration of the sum of consideration
this day paid to the licensors by the licensee (the receipt of sum paid
* and covenant
whereof is hereby acknowledged), and of the covenant by the to pay
licensee for payment of the sum of (the balance of the said a nd'other
purchase-money of ) by instalments, and of other covenants covenants.
.and conditions on the part of the licensor hereinafter contained,
they the licensors as beneficial owners respectively according to
their respective interests as aforesaid do, and each of them doth,
hereby grant unto the licensee and his assigns the full, sole, and
exclusive liberty, licence, right, power, and authority, within, &c.
[the district], to use, exercise, and vend the said invention: To To hold until
HAVE, HOLD, exercise, and enjoy the said premises unto and by effecte'd if
the licensee and his assigns henceforth (as hereinafter provided) licence not
i i -11111 previously
until the licensee or his assigns shall become entitled absolutely to determined,
tho said invention and letters patent for the said district, unless
or until this licence shall previously thereto (if at all) be or become
revoked or otherwise determined : AND EACH of them the licensors Covenant
doth hereby covenant with the licensee that notwithstanding any- toTalidlty of
thing by him the covenantor done, omitted, or knowingly suffered, patent.
the said letters patent are valid and subsisting, and not void or
voidable: AND THIS INDENTURE ALSO WITNESSETH 2,* Testatum.
that in pursuance of the said agreement in this behalf, and in
consideration of the premises, it is agreed and declared as
follows:
1 . The licensee shall pay to the licensors the said sum of - Covenant by
-irv /n\ licensee to pay
1118
PATENTS.
balance by ten
half-yearly
instalments.
And if any
instalment in
arrear
the licensor
may demand
payment of
any part
of unpaid
balance and
interest.
Proviso that
any principal
sum
demanded
shall not
afterwards be
increased
unless further
default,
but a demand
shall operate
to accelerate
times of
payment
of moneys not
included
in it.
Payments
to cease
or (pending
appeal) be
suspended if
patent void.
by ten equal instalments of
on the day of and
each, that is to say the sum of
day of - - in every year
- shall be satisfied, commenc-
hencef orth until the said sum of -
ing with the - day of - - next, but if any instalment shall be
in arrear for the space of one calendar month, shall, on demand in
writing, pay to the licensors the whole or any part of the unpaid
balance of the said purchase-money, including the said instalment,
together with interest on the said instalment at the rate of -
per cent, per annum as from the half-yearly day on which the
same became due, and if the principal sum so demanded shall not
be paid at the time of demand, shall thenceforth pay interest
thereon at the rate aforesaid until payment thereof: PROVIDED
ALWAYS, that if the licensors shall demand payment of any princi-
pal sum as aforesaid, they shall not, by reason only of the said
instalment having become in arrear, be at liberty to demand pay-
ment of any further principal sum, but the demand so made shall
operate so as to accelerate the time or times for payment of the
unpaid balance of the said purchase-money exclusive of the princi-
pal sum so demanded, which balance shall accordingly as far as
may be become payable in the like instalments of each on
the half-yearly days aforesaid next succeeding the time of such
demand until the whole of the said purchase-money shall be
paid (0).
2. If the said letters patent shall from any cause become wholly
or as to some material part of the said invention void, the unpaid
balance (if any) not then already due of the said purchase-money
sliall cease to be payable, either at all, and in that case this licence
shall absolutely determine, Without prejudice to the payment of
all moneys then already due, or to any right of action by either
party then accrued hereunder, or (in the event of a successful
appeal from any judgment revoking the said letters patent), dur-
ing the period only for which such judgment shall remain in force,
and in the event of such an appeal the right of the licensors to pay-
ment of the said balance shall revive, and the same or so much
thereof as shall have fallen due on each half-yearly day (if any)
(z) This proviso is intended to prevent demands being capriciously
made by the licensors at various uncertain times. Only one demand can
be made in respect of a single breach. A proviso might of course be intro-
duced, limiting each demand to a particular sum.
LICENCES.
aforesaid within the said period shall become payable at the date
of the said iudgment on appeal: PROVIDED ALWAYS, that the final Final cesser to
III
cesser of payment as aforesaid shall be deemed satisfaction in ,^ t i 8 f^ti on j n
full to the licensee of any claim by him for damages or compen- damages.
sation by reason of the said letters patent having become void as
aforesaid (a) .
*****
[For Clause 3, as to use of patent mark, see Precedent 31, ante; Clauses 36.
and for Clauses 4 6 as to not assigning, &c. without consent (6),
not disputing the validity of the patent, and detecting and giving
notice of infringements (6), use Precedent 32, anteJ]
7. The licensors shall during the continuance of this licence, Licensors to
and also after the determination thereof if the same shall take or permit
place by reason of the licensee becoming entitled to the assignment ^censees so to
do and deduct,
01 the patent rights for the said district as hereinafter mentioned, & c . and to
pay all fees necessary, &c. [See Precedent 32.]
**(*** patent.
[For Clause 8 11 as to defence of the patent and taking pro- Clauses
ceedings for infringement, non-amendment of the specification,
no other licences having been granted, and non-user, &c. of in-
vention within the district, see Precedent 32.]
*****
12. At any time after the licensee or his assigns shall have paid When
all sums due from him as aforesaid, the licensors shall at his or
their request and cost execute to him or them an assignment for licensors
the said district of the said letters patent and all patent rights assignment
expressed or intended to be comprised in this licence, and such
assignment shall contain (amongst other provisions and clauses)
(a) The patent might become void either from omission to pay the
fees, which the licensee can himself by Clause 7 prevent, or by revocation .
The only other condition of the patent, besides as to fees, is, according to
the present form of a patent, to supply the King's service with the patent
articles. The covenants, the breach of any one of which may have rendered
or might render the patent void, will be those as to the validity of the
patent, the payment of the fees, and the defence of the patent. No
apportionment of any half-yearly instalment can be claimed by the
licensor on the patent becoming void.
(&) This covenant should of course be confined to the duration of the
licence only.
1 1 & ) PATENTS.
covenants by the licensor, &c. [Here refpr to the various covenants,
dc., in Precedent 19, p. 1067.]
Licensee to 13 The licensee shall be entitled during the continuance of this
sive use for licence to the sole and exclusive right within the said district to
district of all ever j improvement or addition to the said invention, or new dis-
ments, &c. covery useful for the manufacture of - , which now is (if at
Kcensor ^l) i n the knowledge and possession of or which hereafter may be
made by the licensor, as if the same were part of the said invention,
and if he shall become entitled to an assignment for the said
district of the said invention and letters patent as herein provided,
shall also be entitled to an assignment at his own expense for the
said district of the letters patent (if any) which may be granted to
the licensor in respect of every such improvement, addition, or dis-
covery, whether made during the continuance of this licence or
afterwards, and the said assignment shall contain (amongst other
provisions or clauses) covenants by the licensor, &c. \JIere refer to
Notice to the various covenants, &c., in Precedent 19, p. 1067]: PRO-
to ifcensee of VIDEO ALWAYS, that the licensor shall from time to time after
any improve- making any such improvement, addition, or discovery, to the
explanation benefit of which the licensee shall become entitled as aforesaid,
forthwith give notice thereof in writing to the licensee, and as
and when reasonably required by him and at his expense as to
actual costs (if any) out of pocket occasioned thereby, communi-
cate and explain to him or his agents such improvement, addition,
or discovery.
Power to 14. If any principal sum payable hereunder by the licensee shall
revoke licGucG
if any moneys remain unpaid for the space of - - calendar months after the
lonjf m arrear time when the same became due (whether the same shall be de-
or licensee ...
become bank- manded or not), or if the licensee shall while any principal moneys
aforesaid shall remain unpaid become bankrupt, or commit any
act of bankruptcy, whether available for adjudication or not, then
the licensors may by notice in writing served on the licensee or
his trustees in bankruptcy (if any) revoke this licence, but such
revocation shall be without prejudice to the recovery by the licensor
of any moneys then already due, or to any right of action by either
party for past breaches accrued hereunder (c).
(c) By the Apportionment Act, 1870 (33 & 34 Viet. c. 35), s. 1, periodi-
cal payments in the nature of income are to be apportioned. This section
would not, therefore, apply to the above case.
LICENCES.
15. If the licensors shall commit a breach of any covenant Power
herein contained and on their part to be performed or observed, and determine on
(in the case of a breach capable of being made good) shall for the
space of - days after they shall have been served with a notice
in writing by the licensee to make good the said breach neglect or
omit so to do, then the licensee at any time thereafter may, by
serving the licensors or either of them with a notice in writing for
this purpose, forthwith determine this licence and every obliga-
tion herein contained on the part of the licensee then remaining
to be performed or observed, without prejudice, however, to the
recovery by the licensors of any moneys then already due, or to any
right of action for past breaches accrued to either party hereunder.
[For acknowledgment, &c., as to the letters patent, see Prece- Remaining
dent 32; and for arbitration and transmission clauses, see c
Precedent 33, ante, p. 1108.]
IN WITNESS, &c. (d}.
37. LICENCE (exclusive) for a DISTRICT in consideration
of a LIFE ANNUITY secured by BOND.
THIS INDENTUBE, made the - day of , 19,
BETWEEN A. B., of, &c. (hereinafter called "the licensor"), of
the one part, and C. D., of, &c. (hereinafter called "the
licensee "), of the other part: WHEREAS by letters patent, &c. Recital*.
[Grant of patent]: AND WHEREAS the licensor has agreed, in con- Grant of
sideration of an annuity of for his life (determinable as Agreement
hereinafter mentioned) being secured to him by the licensee, to to grant
grant to him an exclusive licence to use the said invention for the
district and otherwise as hereinafter mentioned : AND WHEREAS to secure the
in pursuance of the said agreement in this behalf by a bond of a
even date herewith under the hand and seal of the licensee, and
executed immediately before the execution hereof, the licensee has
become bound to the licensor in the penal sum of - with a
condition therein for avoidance of the same on payment by the
licensee to the licensor during his life, or until the said licence
shall (if at all) become revoked or determined as hereinafter pro-
vided except by effluxion of time, of the said annuity of - by
(d) The licence should be registered.
PATENTS.
Grant
of licence.
equal half-yearly payments on the - - day of - - and the -
day of - in every year, commencing with the day of -
next, together with the proper proportionate part of the said
annuity for the time (if any) which shall elapse between the last
of such half-yearly days and the date of the death of the licensor
or sooner determination of the said annuity as aforesaid (e): NOW
THJS INDENTURE WITNESSETH that in pursuance of the
said agreement in this behalf, and in consideration of the premises,
and also of the covenants and conditions on the part of the licensee
hereinafter contained and to be performed and observed by him,
the licensor, as beneficial owner, doth hereby grant unto the
licensee and his assigns the full, sole, &c. [To end of the habendum,
as in Precedent 32]: AND THE LICENSOR doth hereby covenant with
the licensee that, notwithstanding anything by him the licensor
done, omitted, or knowingly suffered, the said letters patent are
valid and subsisting, and not void or voidable: AND THIS IN-
DENTURE ALSO WITNESSETH that in pursuance of the
said agreement in this behalf, and in consideration of the premises,
it is agreed and declared as follows:
1 . If the said letters patent shall, during the life of the licensor
and the continuance of this licence, become, from any cause what-
ever, wholly or as to some material part of the said invention void,
subject, however, to the judgment (if any) on appeal which shall
reverse the judgment (if any) revoking the said letters patent to
the extent aforesaid, this licence shall thereupon absolutely cease,
but without prejudice to the recovery by the licensor of any moneys
then already due under the said bond, or to any right of action by
either party for past breaches accrued hereunder.
Onuses 2- -ii. [For Clause 2, as to use of patent mark, see Precedent 31; for
Clauses 3 10, as to not assigning, &c. without consent, not dis-
puting the validity of the patent, detecting, &c. infringements,
payment of fees, &c., defence of patent and proceedings for in-
fringements, non-amendment of specification, no other licences
having been granted, non-user, &c. within district, see Prece-
dent 32; and for Clause 11, as to improvements, see Precedent 31.]
Covenants as
to validity of
patent and
right
to grant.
Licence
to expire if
patent become
void.
(e) The Apportionment Act, 1870 (33 & 34 Viet. c. 35), ss. 2, 3, how-
over, provides for such an apportionment.
LICENCES. ~
12. If any half-yearly instalment of the said annuity, or any Power of
part thereof, shall be in arrear for one calendar month (whether ifj^l^,! 011
the same shall be demanded or not), or if the licensee shall, while
any part of the said annuity shall remain unpaid, become bank-
rupt, &c. [Clause 14 of the last precedent, writing " annuity " for
" purchase-money," and varying the termination by writing that
such revocation " shall be without prejudice to the recovery, &c.,"
as at the end of Clause 1 hereof] (/) .
[For a clause as to determination by the licensee on breach by Remaining
the licensor, use Clause 15 of last precedent, but making the varia- clausep -
tion as last mentioned in the case of revocation by the licensor;
and for a clause as to acknowledgment, $c., use Precedent 32; and
for arbitration and transmission clauses, use Precedent 33, ante,
p. 1108.]
IN WITNESS, &c. (g}.
38. LICENCE (exclusive} for the KINGDOM subject to PRIOR
LICENCES fixing MINIMUM SELLING PRICES of the
PATENT ARTICLES and to LICENSOR'S RIGHT to supply
some of the other LICENSEES PREMIUM paid ROYAL-
TIES in fixed sums INCREASED to a PERCENTAGE on SELL-
ING PRICES, but NO RENT ARTICLES SUPPLIED by
LICENSEE to his SUB-LICENSEES or MANUFACTURED by
them to be DEEMED SOLD by him at said MINIMUM
PRICES, less discount LICENSEE (if required} to SUPPLY
the other LICENSEES and to RECEIVE the PRICES and PAY
ROYALTIES No SALE by LICENSEE at less than said
MINIMUM PRICES SUB-LICENCES to contain CERTAIN
PROVISIONS REDUCED ROYALTIES on UNSOLD ARTICLES
at end of LICENCE LICENSOR not to engage in ADVERSE
BUSINESS.
THIS INDENTURE made the day of , 19,
BETWEEN A. B., of, &c. (hereinafter called " the licensor "), of Recital*.
(/) A licensor would not be likely to avail himself of the above power,
except in the case of bankruptcy, or his being able to grant a new licence
for the district on better terms elsewhere, as the annuity would thereby
expire.
(g} The licence should be registered.
11 -J4
PATENTS.
Grant, &c. of
patent.
An agreement
by licensor to
supply a firm
with the
patent
articles.
A licence to
H. K. to
manufacture,
&c. within u
district ;
but with a
reservation to
licensor
personally or
to any single
licensee
to sell articles
in the district.
A licence
granted under
such reserva-
tion.
That the said
agreement
ami licences
fix same
minimum
selling prices
of the articles.
Agreement to
grant this
licence subject
aa aforesaid.
1st Testatum.
Grant of
exclusive
licence for the
Kingdom in
consideration
of a premium
and royalties,
&c.
Reserving
licensor's
right to
manufacture
and supply to
his selling
the one part, and C. D., of, &c. (hereinafter called "the
licensee"), of the other part: WHEREAS by letters patent, &c.
[Grant of patent and devolution (if any) of title, ut ante, p. 10-">!) :
AND WHEREAS by an agreement, dated, &c., mentioned in the
First Schedule hereto, the licensor has agreed to supply E. F. and
G. H., or their nominees (hereinafter referred to as licensees),
with articles manufactured according to the said invention, to the
extent and upon the terms therein mentioned: AND WHEREAS by
a licence dated, &c., also mentioned in the First Schedule hereto,
the licensor has granted to H. K. the sole and exclusive licence
within, &c. [a certain district^ to manufacture articles according
to the said invention, and sell the same, but with a reservation to
the licensor personally, or, in lieu of him, any one person or
ordinary partnership firm at a time claiming under him by assign-
ment or licence, also to sell within the said district articles afore-
said which shall be manufactured and supplied by the licensor for
this purpose as therein provided: AND WHEREAS under the said
reservation the licensor has by a licence dated, &c. (also mentioned
in the First Schedule hereto), licensed the firm of, &c., to sell the
said articles within the said district: AND WHEREAS the said
agreement and licences respectively contain provisions fixing such
minimum prices at which the respective licensees thereunder may
sell the said articles as are mentioned in the Second Schedule
hereto: AND WHEREAS the licensor has agreed in consideration of
the sum of to grant to the licensee the sole and exclusive
licence to use the said invention within the United Kingdom and
Isle of Man, subject to the said agreement and licences, and other-
wise upon the terms hereinafter appearing. NOW THIS
INDENTURE WITNESSETH that in consideration of the
sum of this day paid to the licensor by the licensee (the
receipt whereof is hereby acknowledged), and of the royalties
hereinafter reserved, and the covenants or conditions on the part
of the licensee hereinafter contained, the licensor doth hereby grant
unto the licensee and his assigns the full, sole, and exclusive licence,
liberty, right, power, and authority, within the United Kingdom
and the Isle of Man, to use the said invention, and manufacture
articles thereunder, and to sell the articles so manufactured: Ex-
ci rriNG AND RESERVING unto the licensor and his assigns the
right to manufacture articles as aforesaid for the purpose of sup-
plying the same to the respective licensees under the said agreement
LICENCES.
dated, &c., and licence dated, &c.,and to supply the same respec- licensees
, Tim i i i aforesaid.
tively accordingly: To HAVE, HOLD, exercise, and enjoy the said But subject to
licence and premises hereby granted unto and by the licensee and sai <i agree-
his assigns, &c. [To end of the habendum, ut ante, p. 1096] subject licences, aud
to the said agreement and licences mentioned in the First Schedule free fro th . e
. . reservation in
hereto, or any licence to be granted in pursuance of the said agree- the first
ment, but free from the reservation aforesaid contained in the
said licence dated, &c.: AND THE LICENSOR doth hereby covenant Covenants a
-i T i i i .to validity of
with the licensee that notwithstanding anything by him the patent
licensor done, &c. [Covenants as to validity and right to grant as a ^d right to
in Precedent 31]. AND THIS INDENTURE ALSO WIT- TndT^tatum.
NESSETH that in pursuance of the said agreement in this behalf,
and in consideration of the premises, it is agreed and declared as
follows:
1 . The licensee shall during the continuance hereof pay to the Royalty of
licensor half-yearly on every - - day of - , &c., &c., the first pe r article
whereof being the - day of - next, a royalty of - shillings and furtner
sum up to a
in respect of the sale by the licensee within that period of each percentage of
article aforesaid manufactured by him hereunder, and a further ^
royalty so as to make up a total royalty equal to - - per cent, on article, paid
the selling price thereof if the first mentioned royalty shall be
less than such percentage (h} : PROVIDED ALWAYS, that all articles Proviso that
aforesaid delivered or sent by the licensee to any of his sub-licensees suppii^ by
according to the terms of their respective licences shall for the licensee to his
i-i i i n 111 selling sub-
purposas hereof be considered as having been actually sold by licensees shall
the licensee at the minimum prices aforesaid mentioned in the be t re * ted 9
Second Schedule hereto, less a discount of - per cent, thereon, minimum
at the respective times when the same shall have left any place i discount.
of manufacture or business of the licensee in the possession of Further
or to be delivered to such sub-licensees respectively: PROVIDED articles when
ALSO, that all articles manufactured as aforesaid by any sub- manufactured
licensees of the licensee shall for the purposes hereof be deemed facturing
articles sold by the licensee at the time of completion thereof at the sib-license
be deemed
minimum prices aforesaid less a discount of -- per cent, thereon, sold to them
2. The licensee shall within - - weeks after the receipt by sa^mi^hnum
him from the licensor of a notice in writing requiring him so to prices
less discount.
(h) The two following provisoes can, of course, be omitted if special
royalties are placed on the articles supplied to or manufactured by the
sub-licensees. As to allowances for bad debts, see Sp. Cl. 17, post, p. 1154.
Licensee,
after notice
PATENTS.
by licensor, to do, undertake to the extent of the terms of such notice the obli-
the otL T gations aforesaid of the licensor for the supply of, and shall supply
licensees: articles aforesaid, to the licensees under the said agreement dated,
and shall &c., an d licence dated, &c., respectively, and shall accordingly be
receive from entitled at the respective times therein provided in this behalf to
them the receive all moneys payable for the articles so supplied by him, and
prices subject rr
to royalties to shall as to each article so supplied pay to the licensor on the hall-
yearly days aforesaid less a discount of per cent, a like royalty
or 1 otal royalty on the said moneys payable in respect thereof as
is provided by Clause 1 hereof, and the licensor shall do all such
things as shall be necessary to enable the licensee to obtain payment
from the said licensees of the moneys due in respect of the articles
which shall Jbe supplied by the licensee to them respectively as
aforesaid.
No sale 3 . The licensee shall not without the written consent of the
than under licensor and the licensees under the said agreement and licences
the other mentioned in the First Schedule hereto (hereinafter referred to as
licences, &c. \
" the other licences "), sell any of the said articles for less prices
or under terms more favourable to purchasers than is provided in
the said agreement or other licences mentioned in the said Schedule
respectively, or in case of any default being made by him in this
respect shall (but without prejudice to the exercise by the licensor
of his power of revocation under Clause 18 hereof) be taken to
have sold at the minimum price or prices mentioned in the Second
Schedule hereto the articles sold by him at any lesser prices, and
shall indemnify the licensor against any claims or damages which
may be made or claimed by the other licensees or persons claiming
under them respectively, or any of them, on account of any such
sale at lesser prices as aforesaid.
Books and 4. The licensee shall keep at his usual place of business all
accounts kept, IIP *
inspection, proper books oi account, and make true and complete entries
therein at the earliest opportunities, of all particulars necessary
or convenient for any of the purposes hereof of all transactions
relating to the manufacture by him or his sub-licensees, or sale by
him of the said articles, or the supply thereof to the other licensees
respectively, and the grant by him of any sub-licences hereunder,
and shall produce the said books, &c. [Precedent 30, ante, p. 1096,
but omitting the reference to " assigns," and alluding to both
" manufacture " and " sale "]: AND shall if and when required
by the licensor, but at the expense of the licensee, verify or procure
LICENCES. 1127
some fitting person in his employ to verify each such statement
or any part or parts thereof by statutory declaration.
*****
[For Clauses 5 7, as to the use of patent mark, manu- Clauses
facture according to specification, and inspection of factory, use 5
Precedent 31, ante; and for Clauses 8 10, as to non-assignment,
&c. without consent, and express power to grant sub-licences,
including the provisoes, but referring to " the Third Schedule
hereto" (i}, and as to not disputing the validity of the patent,
and detection, &c. of infringements, use Precedent 32; and for
Clauses 11 15, as to payment of fees and performance of con-
ditions of patent, defence of actions for revocation and taking
proceedings for infringements, non-amendment of specification,
no other licences subsisting " except as hereinbefore stated," and
non-user, dc. within the kingdom, " except as hereinbefore ex-
cepted, reserved or provided" use Precedent 32.]
*****
16. The licensor shall not during the continuance of this licence Licensor not
within the United Kingdom and Isle of Man, except for the ture, &c. the
purpose of performing his obligations under the said agreement j rt \ ol t e u r -
and licences or any of them, either alone or in partnership or except to
directly or indirectly whether as shareholder or debenture holder, the^ther
&C. [as in Sp. Cl. 47, post, p. 1164] (fc). licensees.
17. Each party hereto shall during the continuance of this Improve-
licence at the earliest opportunity, &c. [Use Precedent 31, ante, either party
p. 1099, omitting reference to "assigns," and ending as follows^ * be fi ! or f
shall be for the use of both parties hereto, and the licensees under both, &c.
the said licence dated the, &c. (?), but if the same shall have been
invented, ascertained, or made by the licensee, then shall not be
for the use of the licensor beyond the duration of his interest under
the said agreement dated, &c., or the said licence dated, &c. (m),
(i) As to the terms to be inserted in sub-licences when an express
power to grant them is conferred, see Sp. Cl. 33, post, p. 1159. Some
additional terms will be needed here on account of the special covenants.
(7c) See Leather Cloth Co. v. Lorsont, L. E. 9 Eq. 345, as to the restraint
of trade caused by such a covenant not being greater than that caused by
the patent itself, whereby the covenant was not against public policy.
(Z) The first recited licence.
(TO) The last recited licence.
1128 PATENTS.
and shall not be for the use of the licensees or their assigns unjder
the said licence dated, &c. (ri) beyond the duration of their said
licence, but if the same shall be invented, ascertained, or made by
the licensor, or he shall otherwise be entitled to communicate the
same, then shall not be for the use of the licensee beyond the dura-
tion of this licence, and any such improvement, addition, or dis-
covery so communicated by the licensor shall be deemed part of the
premises, and together with the letters patent (if any) in respect
thereof be as far as circumstances will admit subject to the cove-
nants and conditions herein contained as if the same respectively
applied thereto, or to the letters patent (if any) granted in respect
thereof.
Revocation of 18. If any royalties or other sums payable hereunder by the
non-payment, licensee or any part thereof respectively, &c. [Use Precedent 32,
or breaches or an f e> p HQ2] and also without prejudice to the performance and
licensee. " observance by the licensee of his obligations (if Any) to the licensees
respectively under the said agreement dated, &c., and licence dated,
&c., or either of them as aforesaid, which might at the time of
such revocation remain to be performed in respect of the sale or
supply of the said articles by him to them respectively.
Detenuina- 19. If the said letters patent shall from any cause whatever
licensee if become wholly or as to some material part of the said invention
br^b" vo jj d . 01 v i<l (notwithstanding that any judgment in revocation of the said
licensor. letters patent to the extent aforesaid shall or shall not be appealed
against) (o), or if the licensor shall commit a breach, &c. [Use
Clause 15 of Precedent 36, ante, p. 1121] and also without preju-
dice, &c. [As at end of last clause, writing " determination " for
'' revocation "].
Reduced 20 . At the end or sooner termination of this licence, the licensee
articles shall in respect of each article aforesaid in his possession not then
in possession a l rea( jy sold, whether complete, or only in course of manufacture,
of licensee or . r J
manufactur- or in the possession of his manufacturing licensees (if any) respec-
liceusees tively, whether complete, or only in course of manufacture, pay
at end to the licensor a reduced royalty thereon respectively of
of licence not . . . , . . , . . .
already shillings m lieu ot any royalties on the sale thereof as aforesaid.
subject
to royalties. ^ The fifst recited licence.
(o) Use Clause 2 of Precedent 36 if thought fit as to suspense of royal-
ties during appeal. If such be intended, omit matter in the brackets as to
an appeal. See Sp. Gl. 19, post, p. 1155, as to payment to trustees during
proceedings.
LICENCES. 1129
[For a clause as to acknowledgment, $c., use Precedent 32; Remaining
<md for arbitration and transmission clauses, see Precedent 33,
ante, p. 1108.]
IN WITNESS, &c. (p).
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
39. LICENCE (exclusive) for a DISTRICT to a LIMITED
COMPANY PREMIUM in Cash and Shares ROYALTIES
per Ton according to different Products but after certain
date to DECREASE FIVE PER CENT. annually DIFFERENT
RENTS SUSPENSE of ROYALTIES and RENTS while,
Licensor omits to proceed for Infringement SPECIAL
PROVISIONS for determination, &c. REDUCED ROYAL-
TIES on PRODUCTS IN HAND at end of Licence.
THIS INDENTURE made, &c., BETWEEN A.B., of, &c. (herein-
after called '" the licensor ") of the one part, and the - Company
Limited (hereinafter called "the licensees") of the other part:
WHEREAS by letters patent, &c. [Grant of patent, and devolution Recital*.
(if any) of title, ut ante, p. 1059]. AND WHEREAS the licensor Grant of
has agreed to errant the licensees an exclusive licence to use the .
_ _ D Agreement
said invention within the county of, &c., for the sum of -- and for licence to
the royalties and otherwise upon the terms hereinafter appearing: for a^countv'
A ND WHEREAS the licensor hath consented to receive payment of at a premium
the said sum of - partly in cash to the amount of - and T
. r _ .Premium to
the remainder thereof in shares of -- each of the licensees, be paid
which are to be treated for all purposes as having been fully paid
up : AND WHEREAS the licensees have accordingly immediately Allotment of
before the execution hereof allotted to the licensor or his nominees the shares -
- shares aforesaid numbered respectively - - to - - as he
doth hereby acknowledge (q) . NOW THIS INDENTURE 1st Testatnm.
(p) The licence should be registered.
(q) By sect. 88 of the Companies (Consolidation) Act, 1908, it is
necessary to file with the Registrar of Companies, within one month of
1180
PATENTS.
Grant of
licence
by licensor as
beneficial
Covenant a.s
to validity of
patent.
'2nd Testatum.
Covenants
and
conditions.
Royalties and
rents
half-yearly at
fixed sums
according'
to quantity
and form of
products
made, but
after certain
date reducible
5 per cent,
yearly.
WITNESSETH that in pursuance of the &aid agreement in this
behalf, and in consideration of the allotment of the said shares
as aforesaid, and also in consideration of the sum of now paid
to the licensor by the licensees (the receipt whereof is hereby ac-
knowledged), and also of the royalties and rent hereinafter reserved,
and the covenants and conditions on the part of the licensees herein-
after contained, the licensor as beneficial owner (r) doth hereby
grant unto the licensees and their assigns the full, sole, and ex-
clusive liberty, licence, right, power, and authority, within the
county of, &c., to make, use, and exercise the said invention in,
or apply the process described in the specification relating to the
said letters patent to the production of - , and also to sell the
- so manufactured: To HAVE, HOLD, exercise, and enjoy the
said licence and premises unto and by the licensees and their assigns
for and during, &c. [To end of habendum]: AND THE LICENSOR
doth hereby covenant with the licensees, &c. [Qualified covenant as
to validity of the patent, ut ante, p. 1097]. AND THIS INDEN-
TURE ALSO WITNESSETH that in pursuance of the said
agreement in this behalf, and in consideration of the premises,
it is agreed and declared as follows:
1 . The licensees shall during the continuance of this licence in
respect of all produced by them or their sub-licensees by any
means in which the said invention or process shall be used or em-
ployed in the half-years then ending respectively, pay to the
licensor on every day of and day of - - up to the
day of , 19 , the following royalties, namely, a royalty
at the rate of per ton as to produce made in the form of, &c.,
and of - per ton as to produce made in any other form, and
from and after the said day of - , 19 , royalties as to pro-
duce in the respective forms aforesaid at rates each current year five
per cent . less than those for the year then immediately preceding
it : AND ALSO on every day of and day of afore-
said, subject to the operation of Clause 2 hereof in respect of the
produce made as aforesaid in the form of, &c., such further sum
(if any) as together with the said royalties reserved as aforesaid
in the same respect shall amount to the sum of (hereinafter
allotment, a contract in writing as therein provided, in the case of shares
allotted as fully or partly paid up otherwise than in cash,
(r) As to full covenants for title in a licence, see ante, p. 1094.
LICENCES. 1131
termed " a rent ") [that is to say a sum equal to the total amount
of the like royalties on - - tons of the said produce in that form]
and in respect of any produce made in any other form as aforesaid
such further sum (if any) as together with the royalties reserved
as aforesaid in the same respect shall amount to the sum of
(hereinafter also termed " a rent ") [that is to say a sum equal to
the total amount of the like royalties on -- tons of the said
produce made in any such other form] : PROVIDED ALWAYS, that Proviso as to
no apportionment of any royalty aforesaid shall be made in respect J^^of
of any quantity less than one hundredweight of the said produce royalties for
in any form whatever. a cwt.
2. PROVIDED ALWAYS, that if either rent for any half-year Avera ? e
clause for the
aforesaid shall exceed the total amount of royalties due for the two rents.
same period in respect of the produce to which such rent is attribu-
table, the licensees shall be entitled for any one or more succeeding
half-years (so far as necessary for the purpose) for which re-
spectively the total amount of royalties due in the like respect
shall exceed such rent, to a remission of so much of the latter
excess as Avill make up to them the excess of payment made in
the half-year for which the rent shall have exceeded the royalties
due therefor as aforesaid.
3. The licensees shall keep at their head office all proper books Accounts
P -i -i -IT . kept and
oi account, and make true and complete entries therein at the furnished,
earliest opportunities, of all particulars necessary or convenient for
any of the purposes hereof of all transactions relating to the cation, &c.
manufacture by them of produce of any kind whatever under this
licence, and of the like produce sold by them to their sub-licensees
(if any) or other persons, or delivered by them to such sub-licensees
(if any) for sale, and shall produce, &c. [Production and inspection
of books and delivery of accounts as in Precedent 30, ante, omitting
reference to " assigns "]: AND will if and when required, &c.
[Verification of statement as in Precedent 31, ante, the declaration,
however, being that " of the manager or some competent person
in their employ"]. /
*****
[For Clauses 4 6, as to use of patent mark, manufacture accord- Clauses 4 10.
ing to the specification, and inspection of factory, use Precedent 31,
ante, p. 1097; and for Clauses 7 10, as to non-assignment, &c.
unthout consent and express power to grant sub-licences, including
B. VOL. ii. 18
1132
PATENTS.
Proceedings
Suspense of
of proceedings
for infringe-
ment.
Improve-
licensor to bJ
included in
the provisoes (s\ find as to not disputing validity of patent and
detection, &c. of infringements, and as to payment of fees and
performance of conditions of patent, use Precedent 32, p. 1101.]
*****
11. The licensor shall at all times during the continuance of
this licence, at his own cost, defend every proceeding for the revo-
cation of the said letters patent, and at all times aforesaid at the
request and cost, &c. [As in Precedent 32, ante, p. 1101], omitting
reference to "assigns"] : PROVIDED ALWAYS that if the licensees
shall at any time during the continuance, &c. [Suspense of royal-
^ <** rent aS * S P' CL 14 > P OSt > P' 1152 ^ (*)
*****
[For Clauses 12 14, as to non-amendment of specification, no
other licences subsisting, and non-user, dc. within district, use
Precedent 32, ante,]
*****
15. The licensor shall during the continuance of this licence
gfr written notice to the licensees at the earliest opportunity of
every improvement in or addition to the said invention, or mode of
working the same, or any discovery useful therefor that he may
invent, ascertain, or make, and be entitled to communicate, and
at the cost of the licensees as to journeys and other expenses (if
any) out of pocket occasioned to him thereby, and at such remu-
neration (if any) as the directors of the licensees may think fit to
award him therefor, communicate and explain to the manager or
other agent or agents of the licensees, or any workmen of theirs,
as and when reasonably required, the nature of such improvement,
addition, or discovery, so as to enable them or him to make full and
effective use of the same, and permit the licensees to have the use
thereof (whether it shall be or become patented or not), subject
as nearly as can be to the covenants and conditions herein con-
tained, as if such improvement, addition, or discovery were part
of the premises.
(s) As to the terms to be inserted in sub-licences, when the express
power to grant them is conferred, see Sp. Cl. 33, post, p. 1159.
() In Henderson v. Mostyn Copper Co., L. B. 3 0. P. 202, it was held
that reasonable notice that an infringement had taken place is necessary,
in order to enable the patentee [or licensor] to take proceedings, and that
reasonable time was necessary for completing the proceedings.
LICENCES. 1133
16. If the said letters patent shall from any cause whatever Deter-
becomo wholly or as to some material part of the said invention licensee if ' y
void (notwithstanding that any judgment in revocation of the said P aten ^ yo {^ or
. letters patent to the extent aforesaid shall or shall not be appealed licensor,
against (w)),orif the licensor shall commit a breach of any of his
obligations hereunder, other than in respect of commencing or
carrying on proceedings for infringement as aforesaid, and (where
the breach is capable of being made good) shall for - days after
he shall have been served with a notice in writing requiring him
to make good the same omit so to do, or shall commit or suffer
any breach of his obligations under Clause 11 hereof in respect of
commencing or carrying on proceedings for infringement, and
shall not make good such breach before the time when the licensees
shall first become entitled to withhold or suspend payment of
royalties or rents as provided by the same clause, then the licensees
may by notice in writing served on the licensor at any time there-
after, but in the case of any such last mentioned breach only before
the same shall (if capable thereof) be actually (if at all) made
good, determine this licence forthwith, but such determination
shall operate without prejudice to the recovery by the licensor of
any rents or royalties then due, or to any right of action by either
party then accrued hereunder, and in case of such determination
the said rents shall be apportioned (if necessary) for the period less
than a half-year which may have elapsed between the day of
such determination and the end of the half-year last previous
thereto (x) .
17. If any royalties, rents, or other sums payable hereunder, Revocation if
or any part thereof respectively, shall be in arrear for two calendar r y alties in
arrear or com-
months, whether demanded or not, or if the licensees or any of pany wound
their assigns being a company shall commence to be wound up up '
on account of their inability (as defined by sect. 130 of the Com-
panies (Consolidation) Act, 1908, or any statutory modification
() Use Clause 2 of Precedent 36, ante, if thought fit as to the suspense
of royalties during appeal. If such be intended, omit the matter in the
brackets as to appeal. See Sp. Cl. 19, p. 1155, as to payment to trustees
during proceedings.
(x) The Apportionment Act, 1870 (33 & 34 Viet. c. 35), ss. 2, 3, how-
ever, provides for such an apportionment. By sect. 3, the time for pay-
ment of the apportioned part would not be accelerated, but would be
the same as fixed for the payment of the entirety.
18(2)
1134 PATENTS.
thereof for the time being) to pay their debts (y), or being a
company, or individuals, or any individual, shall not commence
their or his business in relation to this licence within - - calendar
months from the date hereof, or (being assigns aforesaid) shall
not commence their or his said business within the like period
from the date of the assignment to them or him of this licence,
or being a company or individuals, or an individual, having com-
menced their or his said business shall for any period of -
calendar months consecutively cease practically to carry on the
same, or being individuals, or an individual, shall become bank-
rupt, or commit an act of bankruptcy, whether available for adjudi-
cation or not, or if the licensees or their assigns shall make default
in any obligation hcreunder other than in respect of the payment
of moneys, and (in the case of a breach capable of being made
good) shall for the space of - - days after they shall have been
served with a notice in writing by the licensor to make good
the said breach neglect or omit so to do, then the licensor at any
time thereafter [and notwithstanding any merely implied waiver
by him of his right so to do], may by notice in writing served on
the licensees or their assigns, or their liquidator, liquidators, or
the trustees or trustee in bankruptcy, as the case may require,
revoke this licence forthwith, but such revocation shall operate
without prejudice to the recovery by the licensor, &c. \_As in
last clause, but using "revocation " for "determination."]
Acknowledg- jg T ne licensor hereby acknowledges the right of the licensees
undertaking to production of the said letters patent, &c. [Use Precedent 32,
as to the * 1102 1
letters patent. a le > L
Notices, IQ ^ n y no tice intended to be given or served hereunder on the
how served. *
licensees being a company shall be effectual if served according to
the provisions (if any) as to services of notices in its articles of
(y) Sect. 130 of the Companies (Consolidation) Act, 1908, in effect
declares that this inability shall be deemed to arise when the company,
after service of notice, neglects for three weeks to pay or secure or
compound for any debt exceeding 50; or if execution or other like
process in England or Ireland issued on the judgment, &c. of any Court
in favour of a creditor is returned unsatisfied; or (in Scotland) the
induciso of a charge for payment on an extract, decree, &c. have expired
without payment being made; or whenever it is proved to the Court
that the company is unable to pay its debts.
LICENCES. 1135
association, but in any other case any notice intended to be given
or served hereunder, &c. [Sp. Cl. 51, p. 1165, post].
20. Unless when the context requires a different construction, Transmission
the term "licensor" herein shall include the assigns of the person. clau8e -
so designated, and the term "licensees " herein shall include the
assigns of the company so designated.
21. If any difference shall arise, &c. [Arbitration Clause: see Arbitration
Precedent 33, ante, p. 1108.] clause -
IN WITNESS, &c. (z).
THE SCHEDULE.
40. LICENCE (exclusive) for England, Wales, and Isle of
Man ROYALTIES and RENT ROYALTIES on Manufac-
tures by LICENSEE and his SUB-LICENSEES, and also on
Articles AUTHORISED to be SUPPLIED BY HIM ABROAD
RESERVATION to Licensor as to EXISTING ORDERS and
FOREIGN CUSTOMERS, and the SUPPLY BY HIM to the
LICENSEE for the FIRST YEAR of Articles to be sold
on COMMISSION.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called " the licensor"), of the one part, and C. D., of, &c.
(hereinafter called " the licensee"), of the other part: WHEREAS by
letters patent, &c. \_ut ante, p. 1095] : AND WHEREAS the Recitals.
licensor has agreed to grant the licensee a sole and exclusive Grant of
licence to use the said invention for the countries of England, agreement for
Wales and the Isle of Man with the reservations and upon the Ucence -
terms hereinafter appearing. NOW THIS INDENTURE WIT-
NESSETH that in consideration of the royalties and rent herein- 1st Testatum.
after reserved, and the covenants and conditions on the part of the Grant of
licensee hereinafter contained, the licensor doth hereby grant unto licence
the licensee the full, sole, and exclusive licence, right, power, and
authority to make, use, exercise, and vend the said invention and Isle of Man.
manufacture - according to the specification thereof, and also
to sell the - so manufactured within the countries of England,
Wales and the Isle of Man (hereinafter called " the said district") :
EXCEPTING AND RESERVING unto the licensor and his assigns the Reservation
right to manufacture the like articles according to the said speci- executing
fication at the works of the licensor at - - aforesaid, or other
(z) The licence should be registered. (See sect. 28 of the Act of 1907.)
PATENTS.
orders and for
supplying
foreign
customers.
Covenants as
to validity and
right to grant.
"2nd Testatuin.
Covenants
and
conditions.
Licensee
to commence
manufacture,
and purchase
plant, &c.
necessary.
Royalties on
articles
manufac-
tured by
licensee or his
sub -licensees.
But a
fixed half-
yearly rent.
Average
clause.
works (if any) of his for the time being, in execution of all orders
already received by him for the supply of such articles to persons
in the said district, and of all orders already or which hereafter may
be received by him for the supply of such articles to persons in
any part of the world outside the said district, and for the supply
of the like articles to the licensee for the space of one year from
the date hereof to be sold by him upon commission as herein-
after provided (a): 'To HAVE, HOLD, exercise, and enjoy the said
licence and premises unto and by the licensee and his assigns, &c.
[To end of the habendum, and then insert the covenants (qualified}
as to the validity of the patent and right to grant, ut ante,
p. 1097.] AND THIS INDENTUEE ALSO WITNESSETH
that in consideration of the premises it is declared as follows:
1. The licensee shall within - - calendar months from the
date hereof commence the manufacture of - according to
the said specification at his works at aforesaid, and
accordingly shall purchase all necessary plant, machinery, fixtures,
utensils, and other effects sufficient and suitable for the manu-
facture to the best advantage of - - at least of the said articles
half-yearly, and shall set up the said effects at or place the same
in the said works, and shall at all times during the continuance
of this licence keep the same in good working order and condition
and supply all deficiencies therein respectively.
2. The licensee shall during the continuance of this licence pay
to the licensor half-yearly on every - - day of - - and
day of - - for every - - manufactured by the licensee and his
sub-licensees respectively hereunder in the half-years then ending
respectively a royalty of - shillings, and in case the total amount
of royalties for any such half-year shall not amount to the sum
of - (hereinafter called "the rent"), then such further sum
in addition to such total amount of royalties as will equal the rent:
PROVIDED ALWAYS, that if the rent for any half-year aforesaid
shall exceed the total amount of royalties for the same period, the
licensee shall be entitled for any one or more succeeding half-
year or half-years (so far as necessary for the purpose) to a
remission of so much of the latter excess as will make up to him
(a) The licensee is to be supposed not to be ready with the requisite
plant, &c. (See Clause 1.)
LICENCES. 1137
the excess of payment made in the half-year for which the rent
shall have exceeded the royalties due therefor as aforesaid.
3 . The licensor shall supply and the licensee shall receive from Licensor to
him during one year from the date hereof all such articles manu- articles for
factured by the licensor under the reservation hereinbefore con- one y ear to be
tained, not being less than - - in number per calendar month, licensee on
which the licensee shall sell in the usual way of business, and for ^mmwwum.
the sale whereof he shall be entitled by way of commission to debit
the licensor in the half-yearly accounts embracing the periods of
sale thereof respectively with sums amounting to per cent.
of the selling prices thereof, which prices shall be in accordance
with the lists of gross prices for the time being exhibited or pub-
lished by the licensor, or such other prices as the parties hereto may
agree upon: PROVIDED ALWAYS, that in taking any such half- Expenses of
yearly account in respect of articles supplied by the licensor and
sold by the licensee as aforesaid, all expenses (if any) of carriage
or delivery of the articles from the works of the licensor to the
licensee paid by the latter shall be credited to the licensor.
4 . The licensee shall after the - - day of - , as and when Licensee on
required by the licensor in writing 1 so to do, manufacture or supply notice to
... ffti supply foreign
articles aforesaid for the licensor for the purpose only of his (the customers of
licensor's) supplying the same to any of his foreign or colonial lcensor -
customers, not exceeding, however, in number per week, unless charged to
the licensee, being requested by the licensor so to do, shall be llcens r
according to
willing to manufacture or supply any larger quantity, and shall his usual
be entitled to charge the licensor for the said articles prices equal fess discount
to - per cent, of the usual list or gross prices for the time being
of the licensor charged by him to customers in the particular
countries to which the said articles are intended to be exported,
less (as to such last mentioned prices) the usual deductions allowed
by the licensor, and all such articles shall at the expense of the
licensor be delivered free on board ship at such ports in England
as the licensor shall direct: PROVIDED ALWAYS, that the licensor But ample
shall give the licensee one week's previous notice in writing for ^srfren
the supply of any such articles as last aforesaid where the quantity to licensee,
required at any one time is to be more than - - but not more than
- in number, and, where the quantity is to exceed the latter
amount, shall allow - - days extra for any excess up to - - in
number, and so on proportionately for any further excess: PRO-
VIDED ALSO, that the licensee shall not without the written con-
1138
PATENTS.
But licensee
shall
not otherwise
supply articles
for abroad.
Each party to
keep books of
account, allow
inspection,
&o.
Delivery of
accounts and
verification.
Articles to be
stamped with
patent mark.
sent of the licensor either directly or indirectly manufacture or
supply any articles aforesaid for the use of any person or persons
residing or for the purpose of transmission out of the district.
5. Each party hereto shall during the continuance hereof keep
at his usual place of business all proper books of account, anct
make true and complete entries therein at the earliest opportunities
of all particulars necessary or convenient for any of the purposes
hereof of all transactions relating to the manufacture or sale by
him of the said articles as aforesaid, including as to the licensed
the manufacture thereof by his sub-licensees (if any), and produce
the said books so to be kept by him to the other of them or his agents
or agent at all reasonable times for inspection and the taking copies
or extracts therefrom, and at his own expense obtain and give
to the other of them or his agents or agent all such information as
to any item or matter contained or which ought to be contained
therein as shall be reasonably required.
6. The licensee shall at the end of each half-year aforesaid
deliver or send to the licensor a statement in writing of all par-
ticulars of account between him and the licensor hereunder for
the same half-year, and shall if and when required 'by the licensor,
but at the expense of the latter, verify or procure some fitting
person in his employ to verify each such statement or any part or
parts thereof by statutory declaration.
7. Each article manufactured by either party as aforesaid shall
as soon as manufactured bear a metal plate [or "label," or, &c.]
furnished by the licensor, and shall 'bear a number designating the
actual number of such articles then completed by him of which
such article shall be the last completed, and also an inscription and
mark of the kind shown in the margin hereof as applicable to
such party, or such other inscription or mark as the licensor in
order to avoid infringement of the trade mark of any other person
may think fit to adopt, and he shall not retain or sell or part with
the possession of any such article without the said plate [or " label,"
or, &c.] being placed thereon, and the licensee shall on each half-
yearly day aforesaid or within twenty-one days thereafter pay
or account to the licensor for the said plates [or " labels," &c.] so
furnished to him in the half-year then ended at the rate of -
shillings per dozen, including the costs of carriage and delivery
thereof, and the licensor shall execute all orders of the licensee
LICENCES. 1 1 : 39
for the supply to him thereof with all reasonable dis-
patch (&).
8 . Either party hereto or his agents shall be at liberty at all Each party
reasonable times during the continuance of this licence, and for ^torieH^&c
the space of one calendar month after the same shall be determined of other
or revoked, to enter any place of the other party where the manu-
facture or sale of the said articles shall be carried on, and inspect
the same for the purpose of 'ascertaining the state or extent of such
manufacture or sale, and that all covenants by the other party
hereunder have been or are being duly performed or observed,
and for finally winding up all accounts between the parties.
*****
[For Clause 9, as to manufacture by the licensee only according Clauses 9 16.
to the specification, use Precedent 31, ante ; and for Clauses 10 16,
as to non-assignment, &c. without consent, and express power
to grant sub-licences, including the provisoes, and as to not dis-
puting the validity of the patent and detection, dc. of in-
fringements, and assisting licensor, as to payment of fees and
performance of conditions of patent, defence of patent and taking
proceedings for infringement, non-amendment of the specification,
and no other licences having been granted, use Precedent 32, ante,
p. 1100.]
5f! 5JJ * (if* 3fC 3jC
17. The licensor shall not during the continuance of this licence, Non-user, &c.
except as is hereinbefore provided, use, or authorise any other
person to use the said invention within the said district. except
as provided.
18. The licensor shall not within the said district during the Licensor not
continuance of this licence, except according to the reservations
1 . like business
hereinbefore contained, either alone or in partnership, &c. [op. Cl. except under
AI /> ~r,/ . iltiA~\ the reserva-
47, pOSt t p. 1164]. tions herein.
19. Each party hereto shall during the continuance of this Improvements
licence, &c. [Mutual covenant as to improvements, dc., as in party to^e for
Precedent 31, ante, p. 1099, omitting any reference to " assigns," ^ en fit of
but stating at the end thereof that any improvement, dc., if made,
dc. by the licensee, " shall be used by the licensor as to the said
district to the extent only of the reservations hereinbefore con-
(6) For other clauses relating to use of a patent mark or die, see
Sp. CL 2327, post, pp. 11561158.
1140
PATENTS.
Remaining
clauses.
Rentals.
The licence.
Agreement
for sub-
licence.
tained, as if the said improvement, addition, or discovery, were
part of the said invention "].
* * * * *
[For Clause 20, as to revocation of the licence, use Precedent 32,
ante, p. 1102; and for Clause 21, as to the determination of the
licence by the licensee if patent void or breaches, dc., use Clause 19
of Precedent 38, ante, p. 1128; and for Clause 22, as to acknow-
ledgment, dc., use Precedent 32; and for arbitration and trans-
mission clauses, use Precedent 33, ante, p. 1108.]
IN WITNESS, &c. (c).
THE SCHEDULE.
41. SUB-LICENCE (EXCLUSIVE for a District at Royalties') ~
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c., of the
one part, and C. D., of, &c., of the other part: WHEREAS by a
licence under seal dated, &c., and made between X. Y. (therein and
hereinafter called "the licensor"), of the one part, and the said
A. B. (therein called " the licensee "), of the other part, the licensee-
is entitled to the sole and exclusive licence to use within, &c. [the
district] the invention mentioned together with the letters patent
in respect thereof in the Schedule hereto, and also every improve-
ment in, or addition to the said invention, or new discovery useful
for the manufacture of , made or acquired by the licensor for
the residue of the term of fourteen years from the day of ,
19 , comprised in the said letters patent and any extension thereof,,
subject to the rent and royalties payable half-yearly on every
- day of - - and - - day of - , and to the covenants and
conditions on the part of the licensee therein contained and to be
performed and observed by him (a") : AND WHEREAS the said A . B .
has agreed to grant to the said C. D. a licence to use the said
invention and all improvements, additions or discoveries aforesaid
within the town or district of, &c., in the county of , as herein-
(c) The licence should be registered.
(d) Where the licence prescribes some of the terms to be inserted in
sub-licences, it may be well, unless brevity is desired, to recite these
terms, as to which, see Sp. Cl. 33, post, p. 1159. The above recital
might then be extended by adding,
" and in particular to a covenant that the licensee will, &c., and
to a covenant that," &c., &c.
LICENCES. 1141
after defined, for the term of - - years from the date hereof if the
said licence shall so long subsist ,upon the conditions hereinafter
appearing. NOW THIS INDENTURE WITNESSETH that 1* Tettatum.
in pursuance of the said agreement in this behalf, and in con- {j^* of sub-
sideration of the royalties hereinafter reserved, and of the covenants royalties for a
and conditions on the part of the said O. D. hereinafter contained. y t^8if the
he the said A. B. doth hereby grant unto the said C. D. (e) the licence so long
full, sole, and exclusive licence, liberty, right, power, and authority,
within the town of , in the county of , and also to the extent
of a radius of miles from, &c. (hereinafter called " the said
district"), to use the said invention, and any other invention for
the time being comprised in the said licence dated, &c., and to
manufacture articles thereunder respectively, and to sell the same
so manufactured: To HAVE, HOLD, exercise, and enjoy the said
licence and premises hereby granted unto and by the said C. D.
for a term of - - years herefrom, if the said licence dated, &c.,
shall so long subsist: ATSTD the said 'A. B. doth hereby covenant Covenants
with the said C. D. that notwithstanding anything by him the ^UdSyof
said A. B. done, omitted, or knowingly suffered, the said licence licence
dated, &c., is now valid and subsisting, and not void or voidable, grant.
And that notwithstanding anything as last aforesaid he the said
A. B. now hath power to grant the premises in manner af ore-
said (/). AND THIS INDENTURE ALSO WITNESSETH 2nd Testatum.
that in pursuance of the said agreement in this behalf, and in Other
r _ covenants and
consideration of the premises, it is agreed and declared as conditions,
follows:
1 . The said C . D . shall on the day of - - next (g} pay Royalties on
to the said A. B. or his assigns the royalty of shillings for manufacture
** J on same nalf-
every article manufactured by the said C. D. hereunder up to yearly days aa
that date and shall thenceforth for each half-year ending on the u
day of or day of - during the continuance hereof
pay to the said A. B. or his assigns the like royalty for every
article so manufactured in such half-year.
2. The said C. D. shall keep at his usual place of business all Accounts, &c.
(e) The sub-licence is to be supposed granted to the sub-licensee only,
and not to his assigns.
(/) Here add (if thought fit) a covenant not to invalidate the licence.
(#) That is, not one of the half-yearly days mentioned in the licence.
Where the contrary is intended, vary the clause accordingly.
1142
PATENTS.
Sub -licensee
to perform,
&o. certain
covenants in
superior
licence.
To pay the
sub-licensor
for plates
bearing the
patent mark.
Power for
sub-licensor
to inspect
factory.
Sub-licensee
not to assign.
&c. without
consent.
proper books of account, and make true and complete entries
therein at the earliest opportunities of all particulars necessary
or convenient for any of the purposes hereof, or to enable the said
A: B. or his assigns to keep and furnish accounts in respect of
this licence in accordance with bis covenant in this behalf in the
said licence dated, &c., contained of all transactions relating to the
manufacture (A) of articles by the said C. D. hereunder, and shall
produce the said books, &c. [use Precedent 30, and the provision
as to verification of accounts in Precedent 31].
3. The said C. D. shall at all times during the continuance of
this licence perform and observe the covenants and conditions in
the said licence dated, &c., as to the use of the patent mark on all
articles manufactured by him, and manufacturing the same only
according to the specification, and not disputing the validity of the
said letters patent or other letters patent for the time being com-
prised in this licence (i), and shall at all times keep the said A. B.
and his assigns effectually indemnified against all damages or costs
occasioned by any breach by the said C. D. of this present
covenant.
4. The said O. D . shall on the - day of - next, and thence-
forth on every half-yearly day aforesaid, during the continuance
of this licence pay to the said A. B. or his assigns for all plates
[or "labels" or, &c.] bearing the patent mark obtained by him or
them from the licensor or his assigns and furnished to the said
C. D. at the rate of - - shillings per dozen.
5. The said A. B. and his assigns or his or their agents shall be
at liberty at all reasonable times during the continuance of this
licence, &c. [liberty to inspect factory, as in Precedent 31, ante,
p. 1098].
6. The said C. D. shall not, without the written consent of the
said A. B. or his assigns, assign, or mortgage, charge, or other-
wise incumber or grant any sub-licence in respect of this licence
or attempt so to do.
(A) The superior licence is to be supposed to provide for payment by
the licensee of royalties on articles manufactured by his sub-licensees.
This course is recommended in order to accelerate the settlement of
accounts between licensor and licensee, notwithstanding that the licence
provides for payment of royalties on articles sold by the licensee.
(i) Add any other excepted covenants and conditions if necessary.
LICENCES. 1 143
7. The said C. D. shall during the continuance hereof use his To give
best endeavours to detect every suspected infringement of the said aUeged'in-
letters patent or other letters patent for the time being comprised fnngements
1 1 I 1 10 Till- A T ' ! aU< * a8S18 t m
in the said licence dated, &c., and shall give the said A. B. or his proceedings,
assigns written notice thereof as soon as the said C . D . shall have
suspected and also (if the case) ascertain the same, and shall at
the expense of the said A. B. or his assigns as to actual disburse-
ments (if any) made or liabilities (if any) incurred thereby, assist
him or them in any proceedings undertaken (unrequested by the
said C. D.) by him or them in respect thereof as shall be reasonably
required.
8. Each party hereto shall during the continuance, &c. [mutual Mutual cove-
covenant as to improvements, as in Precedent 31, ante, p. 1099, pavements! 11 "
writing "for the use of both parties hereto or the assigns of
the said A. B."].
9. The said A. B. hath not heretofore granted for the said No other sub-
district any licence for use of the said invention or any other i^g^fg an( j
invention comprised in the said licence dated, &c., and shall not pon-userof
nor shall his assigns during the continuation of this licence use i n district by
the said invention, or grant licences in respect thereof, or authorise 8ub - llcens r *
any person or persons whomsoever to use the said inventions or
any of them within the said district.
10. The said A. B. or his assigns shall at all times during the Sub-licensor
continuance of this licence, at the request and cost of the said C . D ., p rocee ,i f or
commence and prosecute in the name or names of the said A . B . or infringement*
. IT a * request and
his assigns, or procure the licensor or his assigns to commence and cost of sub-
prosecute, all legal or other proceedings in respect of any infringe- llcensee > &c -
ment or suspected infringement of the said letters patent or other
letters patent for the time being comprised in the said licence
dated, &c., committed or alleged to have been committed within
the said district, or, at the like cost, in any case where the said
A. B. or his assigns shall be entitled in his or their own name or
names to commence and prosecute any such proceedings, permit
the said C . D . in the name or names of the said A . B . or his assigns
so to do.
11. If any royalties or other sums payable hereunder or any Power of
part thereof respectively shall be in arrear for twenty-one days, ^Votoon
whether demanded or not, or if the said C. D. shall commit a default in
1144
PATENTS.
payment of
royalties or on
breaches or
bankruptcy.
Acknowledg-
ment, &c. as
to the licence.
breach of any of his other obligations hereundcr (fc), or shall
become bankrupt, or commit any act of bankruptcy, whether
available for adjudication or not, the said A. B. or his assigns
may by notice in writing served on the said C. D. revoke this
licence, without prejudice to the recovery by the said A. B. or
his assigns of any moneys then already due, or to any right of
action by either party hereto, or the assigns of the said A. B., for
past breaches accrued hereunder.
12. The said A. B. 'hereby acknowledges the right of the said
C. D. to production of the said licence dated, &c., and to the
delivery and right to take copies of the same, and undertakes for
the safe custody thereof.
IN WITNESS, &c. (Z).
THE SCHEDULE.
Deed of com-
mutation of
royalties
reserved in a
licence.
Recitals.
The licence.
42. DEED OF COMMUTATION of 'Royalties reserved in
a Licence.
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the licensor"), of the one part, and C. D., of,
&c. (hereinafter called " the licensee "), of the other part:: WHEREAS
by a licence under seal dated, &c., the licensor granted unto the;
licensee and his assigns the sole and exclusive licence for the
term of, &c., to use, exercise, and vend within the [district] a
i-ertain invention called, &c., for which letters patent dated, &c.,
and numbered, &c., had been granted unto the licensor, and in
the said licence were reserved unto the licensor royalties at the rate
of - - shillings for, &c., payable half-yearly on every - - day
of - - and - day of - , and it was thereby provided that
at any time from and after the - day of - , 19 , the licensee
should be at liberty to commute the payment of any future
royalties aforesaid on his satisfying all previous royalties or other
sums then due thereunder, and paying to the licensor such further
(fc) The reference appearing in the other precedents of licences (ante)
as to giving notice to make good any breaches, may also be inserted here,
if the superior licence does not provide to the contrary.
(Z) The sub-licence should be registered.
LICENCES. 1 145
sum of money as therein mentioned: AND WHEREAS the licensee Payment of
hath up to the date hereof duly paid all royalties and other sums satisfaction of
due by him to the licensor under the said licence and also duly per- ^. er .
, , , , ,,. -IT obligations up
tormed and observed his other obligations under the said licence: to date.
AND WHEREAS the licensor hath agreed with the licensee that Agreement to
all future royalties which might become payable under the said
licence shall be commuted for the sum of - payable forth-
with, and in consideration of payment of such sum to execute such
release as is hereinafter contained. NOW THIS INDENTUEE Tetatum.
WITNESS ETH that in pursuance of the said agreement, and O f 6 future
in consideration of the sum of - now paid to the licensor by the royalties for a
licensee (the receipt whereof is hereby acknowledged), he the
licensor doth hereby release the licensee from the payment of all
royalties which might but for these presents become payable here-
after under the hereinbefore recited licence, dated, &c.: AND Covenant by
THE LICENSOR doth hereby covenant with the licensee that not-
withstanding anything by him done, omitted, or knowingly of patent and
suffered, the said letters patent are now valid and subsisting and release
not void or voidable, and that notwithstanding as aforesaid he the r y alties -
the licensor hath power to release the licensee in manner aforesaid
from the payment of the said royalties.
IN WITNESS, &c. (m).
43. MEMORANDUM to be notified on Register as to the Memorandum
REVOCATION of a Licence.
BE IT KNOWN from me, A. B., of, &c., that the licence dated,
&c., and made between myself of the one part and C. D. of, &c., alicence -
of the other part, granted by 'me to the said C . D . of the inven~
tions mentioned, together with the letters patent and other
patent rights relating to the same, in the schedule hereto, did on
the - - day of - last absolutely determine, and that the said
inventions, letters patent and other patent rights are now vested
in me [and my licensees] free from the said licence and any su T>-
(w) The deed should be notified on the register as containing matter
affecting the legal proprietorship of the patent. See sect. 28 of the Act
of 1907. The deed is also a variation of the licence, which, we may
suppose, has been previously registered.
1146
PATENTS.
Notice of
revocation of
a licence
(where
no breach) .
licences granted by the said C. D., and I enter this notification by
virtue of Clause - - of the said agreement.
As WITNESS my hand this - - day of - , 19 .
THE SCHEDULE.
Notice by a
licensee to
determine the
licence.
44. NOTICE of KEVOCATION of a Licence (where no breach) .
To C. D., of, &c.
I HEREBY in exercise of the power given me by Clause -
of the licence dated, &c., granted by me to you under the letters.
patent dated, &c., and numbered, &c., for [title of invention] give-
you notice that the said licence shall determine and stand revoked
as from the day of next.
Dated, &c. [Signature].
45. NOTICE by a Licensee to DETERMINE the Licence.
To A. B., of, &c.
I HEREBY in exercise of the power given me by Clause
of
the licence dated, &c., granted to me by you under the letters
patent dated, &c., and numbered, &c., for [title of invention] give
you notice that the said licence shall as from the day of >
next absolutely determine and cease to be binding on me.
Dated, &c. [Signature'].
Notice to
make good a
breach of
covenant.
46. NOTICE to MAKE GOOD a BREACH OF COVENANT.
To C. D., of, &c.
I HEREBY give you notice to make good within - days from
the date hereof the breach committed by you in oo.' about September
last of your covenant to, &c. [shortly state nature of covenant]
which covenant is contained in the licence dated, &c., granted
by me to you under the letters patent dated, &c., for [title of
invention] (n) .
Dated, &c. [Signature'].
(n) See next precedent for a notice of revocation of the licence in con-
sequence of the failure to comply with the above notice.
LICENCES.
1147
47. NOTICE of REVOCATION of a Licence for BREACH OF Notice of
COVENANT.
m /^ T breach
To C. D., 01, &C. of covenant.
I HEREBY give you notice that in consequence of the breach by
you in or about the month of September last of your covenant to,
&c. [here shortly stale the nature of the covenant], which covenant
is contained in the licence dated, &c., granted by me to you under
the letters patent dated, &c., numbered, &c., for [title of in-
vention] (o), and of your non-compliance with the notice in writing
dated, &c., served by me on you by which I required you to make
good the said breach within -- days from the date of such notice.
the said licence shall determine and stand revoked as from the
day next after the date hereof.
Dated, &c. [Signature].
48. NOTICE of CONTENTS of SUB-LICENCE (p). Notice of
contents of
To A. B., of, &C. sub-licence.
Sir,
A. B.'s Patent Licence to C.D. (Self) Sub-licence to
E. F.
The following are the short particulars of a sub-licence granted
by me on the day of last to E. F., of, &c. [but not to his
assigns] .
Date (as above], Parties, Self & E. F., District, the Town of
- and ten miles from the Town Hall: To MANUFACTURE [the
patent articles] for years from the same date at the following
royalties payable half-yearly every day of - - and -
day of namely [state the royalties].
The covenants by the sub-licensee are (amongst others) to pay
the royalties on the half-yearly days, to keep regular accounts,
and on same days to furnish full statements of manufacture and
(o) Omit the reference to the previous notice if inapplicable.
(p} A licence should provide that the licensee shall give immediate
notice to the licensor of the grant of each sub-licence, and furnish him
with a copy or short particulars of it.
B. VOL. II. 19
1148
PATENTS.
sales, not to assign, incumbcr, grant sub-licences in respect of, or
otherwise part with the possession or control of the sub-licence, or
attempt so to do, to give speedy notice to the sub-licensor of sus-
pected or ascertained infringements of the patent within the
district, and assist the sub-licensor in any proceedings on account
thereof, to perform and observe the covenants in the licence, to
use the patent mark, not to dispute the validity of the patent, and
to manufacture only according to the specification. There is also
a PROVISO for revocation of the sub-licence on default for -
days in the payment of any royalties, or on the breach by the
sub-licensee of any other of his obligations.
Dated, &c. [Signature].
49. SPECIAL CLAUSES in LICENCES.
Covenant to ][ j; ne licensee shall during the continuance of this licence pay
pay royalties
(fixed sums), to the licensor half-yearly on every day of - - and day
of - - for every - - manufactured by the licensee hereunder,
and in the half-years then ending respectively sold by him, a
royalty of (q) [Or say " the royalty specified in the Schedule
Variation* of ( q \ Q f f^ to manufacture only) write,
the above in
certain cases, ''manufactured by the licensee hereunder in the half-years then
ending respectively a royalty of ."
Where the royalty is to be paid, not on an article but on a fixed quantity
of material, write (instead of the above),
"for every [say] hundredweight of - - manufactured, &c.,"
and add (if thought fit),
" and so proportionately for any less quantity. PROVIDED, how-
ever, that any quantity less than [say] seven pounds not otherwise
liable to a royalty shall be treated as weighing seven pounds."
Where the invention is such that it may only be applied to existing or
unpatented articles or material, write (instead of the expression as to
manufacture),
"for every, &c., to which the said invention may be applied by
the licensee, &c."
Whore royalties are to be paid on sales (with or without previous royalties
on manufactures), it will be found convenient to use also Clause 5, post,
as to reduced royalties on articles unsold at end of Licence.
LICENCES. 1149
hereto," and add (if appropriate) " according to the size and
description of such article"] (r).
2 ($) . The licensee shall during the continuance of this licence RoyaltieB
pay to the licensor half-yearly on every -- day of - and -- bothon "^
day of for every -- manufactured by the licensee hereunder manufacture
in the half-years then ending respectively a royalty of -- ,
and for every - - sold by him as aforesaid therein respectively
a royalty of - .
3 . The gross returns on the sale of each machine by the licensee Royalties on
shall be applied first in satisfaction to him of a sum of -- , or
such lesser sum as such returns will amount to, which sum shall be fa ? tion of cost
price and
taken to include both the cost price of the article and the profit manufac-
thereon of the licensee as manufacturer thereof, and as to the
balance (if any) of such returns shall be divided equally between manufacturer
, ., . ,.~. and seller).
the said parties (t).
4. PROVIDED ALWAYS, that the licensee may at the end of each Proviso that
half-year, without giving any previous notice to the licensor of *" aides on
his intention so to do [but not so as thereby to reduce the rent (w)], sales, lower
vary the amount of royalties in respect of any of the articles afore-
said not being less than - in number then in his possession on m anufac-
... . tures and
and unsold, by debiting himself therefor in the accounts for such sales.
half-year with royalties at the rate of shillings per article (x],
and so that at the end of any succeeding half-year in which the
articles last aforesaid shall be sold he shall debit himself in the
accounts with further royalties at the rate of - - shillings per
article (y] .
(r) In this clause, and other later ones, the assigns of either party or
of both of them may be taken to be implied by means of a Transmission
Clause. See Clause 52, post.
(s) For variations in the language of this clause as to the nature of the
invention, see note (g), ante.
(t) The final share of the licensee will be his profit as a licensee.
Clause 5, post, might be adapted to form a proviso to the above clause, by
making the reduced royalty depend on the average selling price for the
previous few months or so.
(.) That is, if rent be reserved.
(a;) Or say,
"the royalties in this behalf mentioned in the Schedule hereto."
(y) Ib. The above proviso should be supplemented by the next pro-
viso as to reduced royalties on articles remaining unsold at the end of
the term.
19 (2)
1150
PATENTS.
Proviso that
unsold articles
at eud of
term shall
bear reduced
royalties.
Covenant to
puy rent and
royalties.
Another form.
5 (2) . PROVIDED ALWAYS, that at the end or sooner determination
of this licence, all articles in the possession of the licensee not then
already sold, whether actually complete or only in course of manu-
facture, shall bear the royalties which would respectively become
payable under Clause - - if the same had been actually sold,
less, however, a discount of - - per cent, thereof (a).
6 (&). The licensee shall during the continuance of this licence
pay to the licensor the annual sum of - (hereinafter called
"the rent"), by two equal instalments of - each on every
- day of - - and - - day of - - respectively, by way of
royalty at the rate of - - shillings per hundredweight on -
hundredweight half-yearly of the said - , as if such quantity
shall in each such half-year have actually been manufactured
hereunder by the licensee (c), and also, except as next heroin-
after provided (d), a royalty on the same half-yearly days respec-
tively at the same rate for every hundredweight or lesser quantity
of - - manufactured by him hereunder in each such half-year
in excess of such quantity of - - hundredweight (je)
7. The licensee doth hereby covenant, &c. [Use Clause 1, ante,
p. 1148, as to the covenant topay royalties. ~\ 'AND ALSO such further
sum (if any) as together with the said royalties shall amount to
the sum of - (hereinafter called " the rent "), [that is to say
a sum equal to the amount of royalties on - - of the said
articles (/)] (g).
(z) This proviso is to apply only where royalties on sales (with or
without royalties on manufacture) are reserved.
(a) This clause must be varied for the case of the original royalties not
being of fixed amount, e.g., as in Clause 3, ante. In every such case the
reduced royalty might conveniently be some percentage on the average
selling price for the last few months or so.
(6) For another form, see next clause.
(c) Or (if the royalties are to be on sales) say,
"as if such quantity had actually been manufactured, and in
each such half-year been sold by him."
(rf) This refers to the Average Clause. See Clauses 8 and 9, post.
(e) Or (as to sales) say,
" manufactured by him hereunder, and in each such half -year
sold by him in excess, &c."
(/) If the words in brackets be used care should be taken that the
calculation is correct.
(g) See the next two clauses (Average Clauses),
LICENCES. H 51
8. PROVIDED ALWAYS, that if the rent for any half-year shall Average
exceed the total amount of royalties due therefor, the licensee shall
be entitled for any one or more succeeding half-years (so far as
necessary for the purpose) for which respectively the total amount
of royalties due shall exceed the rent, to a remission of so much of
the latter excess as will make up to him the excess of payment
made in the half-year for which the rent shall have exceeded the
royalties due therefor as aforesaid (ti) .
9 ({) . PROVIDED ALWAYS, that if the licensees shall for the period Another form,
between the date hereof and the first day of January next, or for
any succeeding year, pay a royalty or royalties according to the
covenant hereinbefore contained without having actually sold
within such period or year the engine or engines on which such
royalty or royalties were so paid, they shall be at liberty in any
succeeding year or years, without paying any further royalty in
respect thereof, to sell to the number requisite to make up such
past deficiency aforesaid an engine or engines of the lowest class
or (but subject to the payment of the difference in royalties) an
engine or engines of any different class or classes.
10. A royalty of for every carload of - - imported by Royalties on
the licensees into their works for the manufacture as hereinbefore
authorised, which term carload shall be deemed to mean a quantity
of - - aforesaid of the weight of - - hundredweight (fc), and
so proportionately for any lesser quantity . PROVIDED, HOWEVER,
that no apportionment of any royalty shall be made in respect of
any quantity less than seven pounds (?).
11. Pay .... for every shuttle used in weaving as afore- Royalties per
said the said fabrics without silk and either in warp or weft to a acc0 rding to
width not exceeding three inches the sum of five shillings for 7V* 4 . 11 of d
every day or fraction of a day of such use, and to a width exceeding period of use.
(^) For another form, see next clause.
(i) This proviso is to meet the case of royalties of different amounts
having been reserved on the sales of engines of different classes, and an
annual rent having been fixed covering the royalties on the sales of a
certain number of engines of the lowest class.
(fe) Or (if applicable) write,
" a quantity of aforesaid to the extent of - - superficial
feet."
(Z) Or " superficial feet."
1152
PATENTS.
Royalties on
railway foot-
warmers,
to which the
inventiou may
be applied.
Royalties to
be reduced to
lowest
for time being
in other
lire -in -I-.-.
Early notice
to be given to
licensee
of any licence
involving the
reduction.
Reduced
royalties not
to be increased
if other
licence be
determined.
Suspension of
rent and
royalties
while licensor
omits to take
proceedings
for infringe-
ments.
three inches but not exceeding six inches the further sum of two
shillings for every day or fraction of a day of such use, and to a
width exceeding six inches but not exceeding nine inches the still
further sum of two shillings for every day or fraction of a day
of such use, and so on at the rate of two shillings per day or fraction
of a day of such use for each and every further extra width of
three inches or less. And for every shuttle, <fcc. [Similar pro-
vision as to the manufacture of the fabrics with silk.]
12. A royalty of for the application of the said inven-
tion to the first 1,000 foot- warmers or other appliances of a
similar character used by the company or any lesser number, and
for the like application to every additional 100, and so pro-
portionately in respect of any less number than 100 of such
additional appliances.
13 (m). The royalties for any articles aforesaid shall be reduced
from time to time so as to equal the lowest royalties for corre-
sponding articles for the time being provided to be paid in similar
cases in any other then subsisting licence granted for the said
district or any part thereof (n) . AND FURTHER, the licensor shall
give to the licensee information in writing at the earliest oppor-
tunity of any reduction of royalties which ought to be made as
aforesaid, and of the circumstances relating to such reduction:
PROVIDED ALWAYS, that the licensor shall not without the written
consent of the licensee grant any other such licence unless there
be reserved thereunder royalties of the like kinds respectively as
are reserved hereunder payable half-yearly (o) . PROVIDED ALSO
that no royalties reduced as aforesaid so as not to exceed the
royalties of any other licence shall be liable to be increased by
reason only of the expiration of such licence .
14 (p) . If the licensee shall at any time during the continuance
of this licence have reasonable cause to believe that an infringement
of the said letters patent had taken or was then taking place
within the said district, and shall serve the licensor with a notice
(w) For a shorter clause, see Clause 34, post.
(TO) Or let there be no limit in the area, e.g., if the intended licence be
an exclusive one.
(o) Or as provided in the present licence.
(p) See Henderson v. Mostyn Copper Go., L. R. 3 0. P. 202.
LICENCES.
in writing requiring him at the expense of the licensee (q) to
take proceedings, legal or otherwise, with all due speed in order to
prevent or restrain the said infringement or any renewal thereof,
and the licensor shall for the space of one week or more after such
service unreasonably neglect or refuse so to do, or having com-
menced, shall for the like space unreasonably neglect or refuse
to continue such proceedings, the licensee may at any time there-
after, while the said infringement or renewal thereof shall remain
unprevented or unrestrained, on serving the licensor with a further
notice in writing for the purpose, be at liberty to withhold pay-
ment of any rent or royalties aforesaid thereafter becoming due
hereunder (r} : PROVIDED, HOWEVER, that the suspended payments
shall revive (if at all) either on the termination of any proceedings
aforesaid resulting in favour of the licensor, or if and whenever it
shall be ascertained to the proper satisfaction of the licensee that
the alleged inf ringer or inf ringers had done nothing to justify
any such proceedings being taken against him or them, but the
licensee shall in the meantime keep due account of all royalties
so suspended, [(s) PROVIDED ALSO that the licensee, in addition
to requiring the licensor to take any such proceedings as aforesaid,
shall, as a condition precedent to the commencement thereof,
furnish the licensor with such particulars of and information as to
the alleged infringement as should establish a reasonable pre-
sumption as to the fact of such infringement.]
15. Pay to the licensor half-yearly on every - - day of - - Royalties
and - day of - during the said term the following royalties, v jf rie ^ * 88ale8
namely: Fior the first 100 articles aforesaid sold by the licensees continue.
- per cent, on the gross proceeds of the sale thereof, and for
the next 400 articles aforesaid so sold - - per cent, on the gross
proceeds of the sale thereof, and for any further articles so sold
as aforesaid - - per cent, on the gross proceeds of sale thereof.
16. PROVIDED ALWAYS, that from and after the - - day of Royalties in
, 19 , the said royalties shall be reduced in amount yearly
so that for the year 19 , the royalties shall be at rates five per certain date.
(g) Or at the expense of the licensor. In the latter case the proviso in
brackets at the end of this clause should be inserted.
(r) Or provide, as in Clause 19, that the payments shall be made to
trustees.
(s) This proviso is to be inserted where the costs of the proceedings
are to be borne by the licensor.
1154
PATENTS.
Remission of
royalties
in the case of
bad debts.
Payments to
cease or
(pending
appeal) to be
suspended if
patent become
Toid.
cent, leas than those for the year 19 , and for each of the second,
third and remaining years during the continuance of this licence
the royalties shall be at rates five per cent, less than those in tha
preceding year.
17 (). PROVIDED ALWAYS, that every sum not being less than
' which may be owing to the licensee from any single person,
firm, or company, or persons jointly, as the price of articles sold
by him in any half-year, shall be treated in the accounts therefor
as having been then actually paid to him (?<), and every sum of
whatever amount which at the end of some half-year aforesaid
shall have been owing to the licensee as aforesaid for calendar
months or more shall, unless the licensee shall show to the satis-
faction of the licensor that he had taken all reasonable means
1 o recover the said sum, be treated in ,the accounts for that half-year
as having been actually paid to him, but except as aforesaid, and
subject to his accounting for any moneys as and when received
by him (if at all) in respect of any debts owing to him as afore-
said, no debts at the end of any half-year remaining owing to
the licensee for articles sold by him as aforesaid shall be treated in
such accounts as moneys actually received by him.
18. PROVIDED ALWAYS, that if the said letters patent shall from
any cause become wholly or as to some material part of the said
invention void, the unpaid balance (if any) not then already due
of the said purchase-money shall cease to be payable either at
all, and in that case this licence shall absolutely determine without
prejudice to the payment of all moneys then already due, or to any
right of action by either party then accrued hereunder, or (in the
event of a successful appeal from any judgment revoking the said
letters patent), during the period for which such judgment shall
remain in force, and in the event of such an appeal the right of the
licensors to payment of the said balance shall revive, and the
same, or so much thereof as shall have fallen due on each half-
yearly day (if any) aforesaid within the same period, shall become
payable at the date of the said judgment on appeal. PROVIDED
(f) This proviso will suit the case of the royalties being by way of a
share of the net profits or sale moneys, or can easily be adapted for the
case of other kinds of royalties payable in respect of sales.
() This is, of course, to discourage credit being given for large
amounts.
LICENCES.
ALWAYS, that the final ccsser of payment as aforesaid shall be But final
* '* ~s< 'I 1 to 1 n
deemed satisfaction in full to the licensee of any claim by him for deemed
damages or compensation by reason of the said letters patent ^ tls * action
having become void as aforesaid.
19. PROVIDED ALWAYS, that pending any proceedings that may Royalties
be undertaken by any third party in order to obtain the revocation tj.^^^ 1
of the said letters patent, the licensee shall pay all royalties for pending
the time being due hereunder to A. B., of, &c., and C. D., of, &c., f or revocation
or such other persons as the parties hereto may select, who shall of P atenfc -
retain all sums so paid to them until final judgment, whether
on appeal or otherwise, shall have been delivered in respect of the
said proceedings, and in case such judgment shall be in favour
of the licensor, shall pay the said sums to the licensor, but in case
it shall be in revocation of the said letters patent, shall pay the
same to the licensee, subject as to the said sums in either case to the
satisfaction thereout of the costs and expenses of and attending the
trusts in respect thereof as aforesaid (#) .
20. PROVIDED ALWAYS, that if from any cause whatever not Cesserofrent
attributable to the licensee, the licensor shall for any one half-year
become unable to and in fact not supply to the licensee the said material
material to the amount of - - tons at least, the rent shall not
become payable for such half-year, but this proviso shall not
affect the obligation of the licensee to pay royalties as aforesaid
on the amount of [the substance manufactured] in the same half-
year actually manufactured by him subject to the operation of
Clause - (T/) .
21 (z). All articles delivered or sent by the licensee to any of Delivery
his sub-licensees according to the terms of their respective sub- f articles by
licensee to his
licences shall for the purposes of this licence be considered as selling sub-
licencees to be
~ deemed sales
(x) It may be intended, however, only to provide for the return to a
licensee, in case the patent should be revoked, of some part of his
premium (if any) or such a sum as will make up to him what he has
not succeeded in recovering by virtue of the Average Clause. The above
clause can, of course, be easily modified to make such a provision.
(y] The Average Clause.
(z) This clause may be used where the licensee has to pay royalties
on sales, but not otherwise. Where the sub-licensees may manufacture,
it may be provided that articles when manufactured by them shall be
deemed sold to them, so as to make royalties payable to the licensor by the
licensee thereon.
1156
PATENTS.
Commutation
of royalties.
Patent mark
to be used.
having been actually sold by tbe licensee at the respective times
when the same shall have left his said works in the possession of
or to be delivered to such sub-licensees respectively, and the licensee
shall accordingly pay in respect of such articles the royalties pro-
vided by Clause - - hereof to be paid in respect of sales less a
discount of - - per cent, thereof (a).
22. PROVIDED ALWAYS, that the licensee may commute the pay-
ment of future royalties as from the day of - , 19 , or
the last day of any other year thereafter of the said term hereby
granted, by serving the licensor with not less than three calendar
months' previous notice in writing of his intention so to do, and
on such day, or within days thereafter, paying to the licensor
all sums then due to him hereunder, and a further sum equal to.
the aggregate of the royalties which (as calculated by the average
yearly receipt hereunder of royalties for all the previous years)
might become payable for the residue then to come of the said
term (6), lees, however, as to each yearly sum forming the said
aggregate a discount therefrom by way of interest thereon at the
rate of - - per cent, per annum for the period between the time
of commutation and the day when such yearly sum is to be deemed
payable, and the licensor shall at the expense of the licensee duly
execute to him a release of the said royalties accordingly (c) .
23. The licensee shall place on some conspicuous part of every
article manufactured by him, as soon as the same shall be com-
pleted, a brass plate [or "label" or, <#c.], to be furnished by the-
licensor as and when required by the licensee, bearing a mark
(hereinafter called the patent mark) according to the form given in
the margin hereof, numbered in order of manufacture with one
of the series of the numbers 101, 102, 103, &c., commencing with
the first thereof, and the licensee shall not part with the said article
or keep the same in his possession without the patent mark so-
(a) In the absence of such, a clause the royalties payable on sales by
the licensee will, of course, be also payable on sales by sub-licensees.
(6) Where rent is reserved the commutation might be based on the
aggregate of the future rent, or the above clause be used.
(c) This is a simple method of computing roughly the present worth
of the supposed future royalties. A high percentage should be stated,
partly as a set-off to some extent to the possible claim that compound
interest should be calculated with half-yearly rests, i.e., if the royalties
are payable half-yearly.
LICENCES.
affixed thereto, and shall not affix to or put on the said machine any
other mark, plate, words, or inscription, whether having reference
to the said invention or otherwise (except the name and address
of the licensee), and shall on each half-yearly day aforesaid, or
within twenty-one days thereafter, pay to the licensor for the
said plates [or "labels" or, &c^\ so furnished in the half-year
then ended at the rate of - - shillings per dozen, including the
costs of carriage and delivery thereof.
24. The licensee shall affix on every hox, packet, bottle, jar, Another form.
or other receptacle of or containing the said -, as and when
manufactured by him, a label or plate bearing the proper patent
mark and designation of the said invention, which shall be fur-
nished by the licensor as and when required by the licensee, and
shall not sell or part with the possession of any such - - or the
receptacle containing it without, &c. [As in last clause, but per-
haps stating different prices for the labels and plates.']
25. The licensor shall at his own expense from time to time, Licensor
as and when reasonably required by the licensee, but in respect t 8end P er80U
J to manuiac-
only of - at least in number of such articles at any one time, tory to affix
send some person to the works of the licensee for the purpose m arks. e '
of affixing the said plates to such articles aforesaid produced by
the licensee as shall not have the same affixed thereto respectively.
26. Every article manufactured under this licence shall be Stamping
stamped by the licensees with such die as shall be furnished by the ^j^a die!* 5 *
licensors for this purpose. And further, every article manu- Licensees also
f actured. under any other licence granted by the licensors in respect
of the said invention to any other person or persons shall during the by other
continuance of this licence, as and when required by the licensors
or any person authorised by them, and if brought to the licensees
for this purpose, be stamped by them with the said die, and the
said articles so brought as aforesaid shall be properly stamped and
ready for delivery within two days after the same shall have been
brought to the licensees, who as to each quantity brought in at one
and the same time may charge for the stamping thereof at the
following rates respectively, namely, at the rate of -- shillings
per dozen, and so proportionately for any part of a dozen not being
less than three, or if more than six dozen shall be brought in, then
at the reduced rate of -- shillings per dozen, and so propor-
tionately as aforesaid, or if more than twelve dozen shall be
brought in, then at the further reduced rate of - - shillings per
1158
PATENTS.
Charges to be
debited to
licensors.
Dies to
be property of
licensors.
tu
be inserted in
other licences
for licensees
to bring
articles to
licensees
hereof to be
stamped.
No amend-
ment of
specification
by licensor
without
consent
of licensee.
Covenant by
licensor as to
no prior
licences, and
not to use
invention or
grant other
licences.
Covenant by
licensee to
muniifiirtuie
only
according to
specification
[or in default
to pay
royalties on
articles made
otherwise,
but without
prejudice to
power of
revocation].
dozen, and so proportionately as aforesaid, and all such charges
made in any half-year aforesaid shall be debited to the licensors,
and be set off at the end of such half-year against the same
amount of royalties payable by the licensee for that period as
aforesaid. PROVIDED HOWEVER that every die so furnished as
afore-said shall remain the property of the licensors, and be
delivered up as and when required by them.
27. Each licence hereafter granted by the licensors in respect of
the said invention to any other person or persons than the licensees
hereof shall contain a clause or provision by which the licensee
or licensees thereunder shall be bound to bring to the licensees
hereunder to be stamped in manner aforesaid all articles manu-
factured under such licence, and to pay for such stamping at
the rates at least and otherwise as hereinbefore provided.
28 (d} . The licensor shall not at any time during the continua-
tion of this licence amend the specification for the time being in
force at the Patent Office of the said invention, or any other
patented invention then subject hereto, without the written consent
of the licensee, but such consent shall not be arbitrarily withheld.
29 (e). The licensor hath not heretofore granted any licence for
the use of the said invention within the said district, and will
not during the subsistence of this licence use the said invention, or
grant licences in respect thereof, or authorise any person whomso-
ever to use the said invention within the said district.
30. The licensee shall not, during the continuance of this licence,
without the (written consent of the licensor, manufacture any article
aforesaid without the application of the said invention as described
in the specification thereof for the time being in force at the
Patent Office, [and in case he shall do so without such consent
shall (but Avithout prejudice to the right of the licensor in this
respect under Clause - - hereof to revoke this licence) pay to
the licensor such sum or sums by way of royalty to the amount
or respective amounts and otherwise as aforesaid, in respect of any
((/) In general this clause will only be used for licences to manufacture,
where the rights are to be exclusive or partially exclusive, or where
premiums are to be paid. In a licence merely to sell the patent articles,
the clause can hardly be required.
(e) For exclusive licences only.
LICENCES. 1159
article or articles manufactured by him contrary to this covenant,
as if the same had been manufactured in accordance therewith].
31 . The licensee shall not, without the written consent of the Licensee not
licensor first had and obtained, assign, or mortgage, charge, [grant ^^^1 &c
sub-licences in respect of (/)] or otherwise deal or part with the without
possession or control of this licence, or attempt so to do [except by
way of sub-licensing as next hereinafter provided (g)~] [but such
consent shall not be arbitrarily withheld].
i32. PROVIDED ALWAYS, that it shall be lawful for the licensee
to grant sub-licences hereunder which shall respectively be accord-
ing to the terms (amongst others) mentioned in the Schedule f Deuces [terms
-r. T i m Schedule] ;
hereto (h). PROVIDED ALSO, that the licensee shall immediately but notice and
after the grant by him of any sub-licence give the licensor written particulars to
notice thereof, stating the date of the sub-licence, the name and
address of the sub-licensee, the nature of the privileges thereby
granted, the amount and times for payment of the royalties
reserved thereunder, the length of the term comprised therein, and
the locality in which the same is to be enjoyed, and also showing
that the sub-licence contains the terms hereinbefore provided in
this behalf.
33. The licensee may grant sub-licences hereunder to manu- Another form
facture and sell the said articles, or only to sell the same, but each
sub-licence shall be expressed to take effect at once in possession,
and be granted to the sub-licensee personally only, and not to his
assigns, and be at royalties only, and not at any fine or premium,
and such royalties shall be made payable half -yearly, or at shorter
regular periods, and be the highest that can reasonably be gotten,
and shall contain covenants by the sub-licensee to perform and
observe the covenants and conditions in this licence as to the use
of the patent mark, the not disputing the validity of the letters
patent, and the manufacturing of articles only according to the
specification, and to keep and furnish regularly to the licensee
in respect of articles manufactured or sold under the sub-licence
accounts of a similar nature to the accounts hereinbefore cove-
nanted to be kept and furnished, and verify such accounts by
(/) Omit this reference to sub-licensing if an express power to sub-
license is to be given.
(gr) Retain this matter if either of the next clauses is inserted.
A In the next clause terms are set out.
1160
PATENTS.
statutory declaration, and not to assign or incumber the sub-
licence, or attempt so to do, without the written consent of the
licensee (i), and shall also contain a proviso for revocation of the
sub-licence on default being made for twenty-one days in the
payment of royalties due thereunder, or on the breach of the other
covenants or conditions in the sub-licence, or on the bankruptcy
of, or committal of any act of bankruptcy (whether available
for adjudication or not) by the sub-licensee, and so that the sub-
licensee shall execute and deliver a counterpart of his sub-licence
and the licensee shall not, without the written consent of the
licensor, release any of the covenants and conditions aforesaid to
be performed or observed by the sub-licensee, and shall give the
licensor immediate notice in writing of any breach committed
by the sub-licensee, and shall, if required by the licensor in writing!
so to do, revoke the sub-licence on account thereof, and in the
event of the revocation, whether as aforesaid or otherwise, of
the said sub-licence, shall not, without the like consent, grant
any new or further sub-licence hereunder to the same sub-licensee:
PROVIDED ALWAYS, that the licensee shall immediately after the
grant, &c. [Proviso as to giving notice and particulars of the grant
of every sub-licence as in last clause.']
Licensor not 34 (fr). The licensor shall not grant licences to use or vend the
licences l sa> id invention or any part thereof at any place or places [outside
on terms more the said district! to any other person or persons on terms more
favourable .
than favourable to him or them than are granted to the licensees here-
hereunder. under
Liberty 35. The licensor and his agents shall be at liberty at all
inspect reasonable times during the continuance of this licence to enter
factory. anv place of the licensee where the manufacture or sale of the said
articles shall be carried on, in order to ascertain the state or extent
of such manufacture or sale, and that all covenants by the licensee
herein contained have been or are being performed or observed.
Licensee not 36. The licensee shall not, during the continuance of this licence
validity nor at anv ti me after the determination thereof, dispute or object
of patent. f O the validity of the said letters patent, or the novelty or utility
of the said invention.
(i) Add any other covenants, &c. suitable.
(k) Clause 13, ante, p. 1152, is a more extensive one to the same purpose
as the above.
LICENCES. 1161
37. The licensor shall during the continuance of this licence Licensor
pay all fees necessary for the renewal of the said letters patent
- days at least hef ore the latest times appointed for the pay- licensee to do
^ J so and deduct
ment thereof respectively, and, when required by the licensee, from royalties
produce the certificate to him of any payment thereof, or permit coiuKtionTof *
the licensee to pay any one or more of such fees, and to deduct the patent.
amount of the same if and when so paid by him from the amount
of royalties or other sums for the time being due hereunder, and
also generally perform and observe the conditions of the said letters
patent.
38. The licensor shall at all times during the continuance of Licensor to
this licence at his own cost defend every proceeding for revocation a ndat cost of
of the said letters patent, and at all times aforesaid, at the request licen f ee
. * to take pro-
and cost oi the licensee, commence and prosecute all legal or other ceedings for
proceedings in respect of any infringement or suspected infringe-
ment of the said letters patent committed within the said district, him, &c.
or permit the licensee at the like cost so to do in the name of the
licensor.
39. The licensee shall use his best endeavours to detect every Licensee
suspected infringement of the said letters patent within the said infringements
district, and shall give the licensor written notice thereof as soon and %f
11- 11 -I T i / r> i \ notice thereof
as the licensee shall have suspected and also (if the case) ascer- and assist
tainecl the same, and shall, at the expense of the licensor as to proceedings
actual disbursements (if any) made or liabilities (if any) incurred
thereby, assist him in any proceedings undertaken by him [un-
requested by the licensee] in respect thereof as shall be reasonably
required.
40. Either party may at any time determine this licence by Power for
serving the other with a written notice of his intention so to do to determine
three calendar months at least before the expiration of any half- licence on
year aforesaid, and such service shall operate accordingly, but
without prejudice to the recovery by either party of any moneys
then already due, or to any right of action for past breaches accrued
hereunder.
41. If any royalties or other sums payable hereunder by the Power of
licensee, or any part thereof respectively, shall for any half-year be default i n
not paid within twenty-one days from the expiration thereof payments or
(whether demanded or not), or if the licensee shall make default in other
any other obligation by him herein contained, and (in the case of a
breach capable of being made good) shall for the space of - - &o. of
licensee.
PATENTS.
Another form
(additional to
last by
referring to
unprofitable
working and
ceasing
to work).
Power for
licensee
to determine
licence if
patent void.
Mutual
covenant as to
improve-
nuiits, &c.
days after he shall have been served with a notice in writing by
the licensor requiring him to make good the said breach, neglect or
omit so to do, or if the licensee shall become bankrupt, or commit
any act of bankruptcy, whether available for adjudication or not,
then the licensor at any time thereafter, [and notwithstanding any
merely implied waiver by him of his right so to do], may, by
serving the licensee or his trustee in bankruptcy (if any) with a
notice in writing for this purpose, forthwith revoke this licence,
without prejudice however to the recovery by the licensor of any
moneys then already due, or to any right of action by or on behalf
of either party for past breaches accrued hereunder.
42. If the licensee shall not before the - - day of - - com-
mence to manufacture the said articles as aforesaid, or shall in
any one complete year ending on the - - day of - - not work
the said invention at a profit (I), or shall for a period of -
calendar months consecutively or more practically discontinue
working the same, or shall in any half-year aforesaid not manu-
facture (m) - - machines at least, or if any royalties or other
sums payable hereunder, &c.
[Continue as in last' clause.]
43 . PROVIDED ALWAYS, that if the said letters patent shall from
any cause become wholly or as to some material part of the said
invention void, and incapable of being restored (notwithstanding
that any judgment in revocation of the said letters patent to the
extent aforesaid shall or shall not be appealed against), the licensee
may at any time thereafter, but not after any such judgment shall
have been (if the case) reversed on appeal, by notice in writing
served on the licensor determine this licence forthwith, without
prejudice however to the recovery by the licensor of any royalties
or other sums then already due to the licensor, or to any right of
action then already accrued to either party hereunder.
44 . AND EACH of them the said parties hereto doth hereby cove-
nant with the other of them that he will at the earliest opportunity
(Z) That is to say, the payment of the royalties for any current year
must not involve loss (Kernot v. Potter, 30 Beav. 343).
(m) Or " sell," but in that case not necessarily on account only of the
royalties being reserved on sales, as the word " sell " would be appropriate
even if the royalties were for manufactures.
LICENCES. 116*5
either at his own place of business, or by post (if suitable), or
otherwise, as shall be reasonably required during the continuance
of this licence, communicate and explain to the other of them, free
of charge except as to expenses out of pocket incurred thereby,
every improvement in or addition to the said invention or mode
of applying the same, or any discovery useful for the manufacture
of the said articles that he may invent, ascertain, or make, or
otherwise be entitled to communicate, and that every such improve-
ment, addition or discovery (whether the same shall be or become
patented or not) shall during the continuance of this licence be
for the use of both parties hereto [or their respective assigns],,
and if made, invented, or ascertained by the licensor shall for the
purposes hereof be deemed part of the said invention.
45. The licensor shall at the earliest opportunity, &c., com- Covenant by-
municate and explain to the licensees, &c. [_as in last clause down improvement
to "entitled to communicate"] and, at the cost of the licensees madebyblnu
as to journeys and other expenses (if any) out of pocket occasioned
to him thereby, communicate to them or their agents or workmen
not exceeding in number, as and when reasonably required by
the licensees, the nature of such improvement, addition, or dis-
covery so as to enable them respectively to make full and effective
use of the same, and permit the licensees to have the use thereof
(whether it shall be or become patented or not), subject as nearly
as can be to the covenants and conditions herein contained, as if
such improvement, addition, or discovery were part of the
premises.
46. At any time after the expiration of three years from the Option to
date and during the continuance hereof, the licensee shall have patentTfter
the option (to be declared in writing) to purchase all the patent three years-,
rights of the licensor for the United Kingdom and the Isle of Man
in respect of the said invention now or which hereafter may be
held by him, and the sole and exclusive benefit within the same
places of all improvements and additions thereto, and new dis-
coveries useful for the manufacture of the said articles which
hereafter may be made by the licensor, at the price of ,
subject to the satisfaction by the licensee up to the time of com-
pletion of the said purchase of all his then subsisting obligations
hereunder. PROVIDED ALWAYS, that if the said purchase shall but pure! ase-
from any cause not attributable to any wilful act or default of ^^^
the licensor not be completed within three calendar months from within
B. VOL. ii. 20
1164
PATENTS.
months from
xercise.
Licensor not
to engage in
like business
within
district.
Licensee not
to manufac-
ture but
licensor
to do so for
licensee.
Sale only
through
brokers
common to
both parties.
Meetings to
regulate
prices.
Exclusive
licence to
become non-
exclusive if
unprofitable
working
or non-user of
invention.
the time when such declaration shall have been served on the
licensor, he shall on the expiration of the said period be released
from any obligation to sell the said patent rights and benefit
as aforesaid.
47. The licensor shall not within the said district during the
continuance of this licence, either alone or in partnership, or
directly or indirectly, whether as shareholder, or debenture holder,
or otherwise, engage or be concerned in or promote any company,
trade, business, or speculation, for the manufacture, sale, or letting
on hire of articles of the same or like nature with any of the
articles which can be manufactured or improved by means of
the said invention (n} .
48. PROVIDED ALWAYS, that during such time or times as the
licensor shall himself either alone or in partnership carry on the
business of a - at - - aforesaid, and shall subject as herein-
before provided efficiently execute the orders of the licensees for
the supply of - - manufactured according to the said invention,
the licensees shall not manufacture the like articles, whether as
aforesaid or otherwise, but the licensor shall manufacture such
articles for the licensees at the price of each, and while
bound under this proviso shall not manufacture any such articles
for any other person than the licensees or their nominees.
49 . Each person party hereto shall sell all products of his manu-
facture as aforesaid through Messieurs K. & L., of, &c., or some
other brokers or broker, at whose offices all persons parties hereto
shall hold quarterly meetings for regulating the prices, so as to
avoid competition between themselves in the prices of the said
products.
50. PROVIDED ALWAYS, that if during the period of three con-
secutive calendar months commencing any time after the -
day of next, the licensee together with his sub-licensees (if
any) shall from any cause whatever cease practically to carry on
the business of making and selling the said patented articles,
or if for any half-year aforesaid the said royalties shall amount
() See Leather Cloth Co. v. Lorsont, L. E. 9 Eq. 345, as to the
restraint of trade caused by such a covenant not being greater than that
caused by the patent itself, whereby the covenant was held not to be
against public policy.
LICENCES. 1165
to Jess than the sum of (o) [the licensee however in that
case being at liberty by paying to the licensor a sum sufficient
to make up the said sum of to avoid the consequences which
would otherwise arise hereunder by reason of such deficiency], then
this licence shall as from the expiration of such period or half-year
.as the case shall be, cease to be exclusive as regards the licensee,
and accordingly the licensor may at any time or times thereafter,
without giving to the licensee any notice of his intention so to
do, grant licences to any other persons respectively for the use
x)f the said invention within the said district upon such terms as
he may think fit.
51. Any notice intended to be given or served hereunder may Notices--
be given to or served on the licensee or licensor as the case may
be personally, or by leaving the same at his then or last known
place of abode or business in the United Kingdom, or by sending 1
the same to such place through the post in a prepaid registered
letter addressed to him, and if served by post as aforesaid shall
l>e deemed to have been served at the time when it would be
delivered in the ordinary course of post, and in proving such
service last aforesaid it shall be sufficient to prove that such letter
was put into the post; but if by reason of the absence of any-
party from the United Kingdom or otherwise he cannot receive or
be served with any such notice as aforesaid, the said notice if
inserted by the other party once as an advertisement in each of
the following newspapers, namely, &c., shall be deemed to have
been effectually served on the second day after the day on which
the last of such advertisements appeared.
52. Except where in any case the context requires a different Transmission
interpretation, the expression " the licensor " or " the licensee " (p), clause -
wheresoever used herein, shall extend and be construed to apply
also as far as possible to the assigns of the person so designated.
(o) Where there is a fixed rent the condition as to the minimum amount
of royalties had better be omitted, as also the optional matter in brackets.
(p} Add, where appropriate,
" or any other expression referring to either of the samo persons."
As to covenants binding assigns, see Werdermann v. Societe Generate
d'Electricite, 19 Ch. D. 246, as explained in Bagot Pneumatic Tyre Co.
v. Clipper Pneumatic Tyre Co., [1902] 1 Ch. 146; and Dansk Rekylriffcl
Aktieselskab v. Snell, [1908] 2 Ch. 127.
20 (2)
PATENTS.
50. MORTGAGE of a PATENT, with Provisions for FUTURE
ADVANCES, AND REDUCTION OF INTEREST Moneys to-
remain for a TERM CERTAIN.
[Ordinary Form.]
THIS INDENTURE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the mortgagor "), of the one part, and C. D.,
of, &c. (hereinafter called "the mortgagee"), of the other part:
WHEREAS (q) the mortgagor was the true and first inventor of
improvements in the process of, &c.: AND WHEREAS by letters
patent, &c. [recite grant of patent and devolution (if any} of
title or simply that the mortgagor is absolutely entitled to the
invention and letters patent mentioned in the Schedule hereto (r)]:
AND WHEREAS the mortgagor has applied to the mortgagee for
a loan of to be secured together with interest thereon bj
mortgage of the said invention and letters patent and all exten-
sions thereof and otherwise as hereinafter expressed (s): AND
WHEREAS it is intended that all future advances (if any) made
by or other moneys hereinafter becoming owing to the mort-
gagee to or from the mortgagor shall together with interest thereon
i*t Tettatum. also be secured hereunder. NOW THIS INDENTURE WIT-
NESS ETH that in consideration of the sum of - this day
paid by the mortgagee to the mortgagor (the receipt whereof is
hereby acknowledged) the mortgagor doth hereby covenant with
the mortgagee that he the mortgagor will pay to the mortgagee on
the day of - - next the sum of together with interest
thereon at the rate of six per cent, per annum and also within six
calendar months from the time or times of the same respectively
being advanced or becoming due such other principal moneys
(if any) as may be advanced by the mortgagee to or become due
to him by the mortgagor together with interest thereon at the
Recitals.
Invention,
grant
and title.
Application
for loan.
Future
advances to
be included.
In considera-
tion of present
advance.
Covenant to
repay with
interest in six
months.
And to repay
further
advances with
interest with-
in six months
from same.
(g) This recital may be merged, together with that of the grant (if
made to the mortgagor), in a recital that
" the mortgagor is absolutely entitled to the invention and letters
patent mentioned in the Schedule hereto."
(r) See last note.
(a) If colonial or foreign patents are intended to be mortgaged there
should be a preliminary agreement for the purpose, and the mortgages
will of course be effected according to the laws of the particular countries..
MORTGAGES. 1167
rate aforesaid from the time or times of the same respectively
being advanced or becoming due. AND THIS INDENTURE 2nd Testatum,
ALSO WITNESSETH that for the consideration aforesaid the Assignment
. 1111 f patent and
mortgagor as beneficial owner doth hereby assign unto the mort- extensions.
gagee ALL THOSE the said invention and letters patent and the
sole and exclusive benefit thereof and of all extensions thereof
and all rights, powers, emoluments and advantages whatsoever
under or in respect of the said letters patent, To HOLD the said
invention, letters patent and premises unto the mortgagee and
his assigns subject to the proviso for redemption hereinafter con-
tained: PROVIDED ALWAYS, that if the mortgagor shall pay to Proviso for
the mortgagee the sum of -- with interest for the same in the
meantime at the rate of six per cent, per annum on the said
day of - next and shall also within six calendar months from
the time or times of the same respectively being advanced or
becoming due, pay to the mortgagee such other principal moneys
aforesaid together with interest thereon at the rate of six per cent.
per annum from the time or times last aforesaid, then the mort-
gagee will at any time thereafter at the request and cost of the
mortgagor reassign to him the said premises: AND THE MORT- Covenant to
GAGOR doth hereby covenant with the mortgagee that if the said aTter^hTfixed
sum of - or any part thereof shall remain unpaid after the dates on sums
., jo .1 i i remaining
said - day ot - next or 11 any other principal moneys ad- unpaid.
vanoed or owing hereunder or any part or parts thereof respec-
tively shall remain unpaid after the expiration of six calendar
months from the time or times of the same respectively being
advanced or first becoming owing, he the mortgagor will pay
to the mortgagee so long as the said sum of -- or part thereof or
such other principal moneys or part or parts thereof respectively
shall remain unpaid, interest on such sum or other moneys or on
such part or parts thereof respectively aforesaid at the rate of
six per cent, per annum by equal half-yearly payments on the
day of and the - day of - : PROVIDED ALWAYS, Proviso for
that if the mortgagor shall on any day of - or day of
or within thirty days next thereafter pay to the mortgagee punctual
interest for the said sum of - or other principal moneys pay
aforesaid or such part thereof respectively as shall then remain
unpaid at the rate of five per cent, per annum, then such payment
of interest shall be accepted by the mortgagee in full discharge
of all interest payable hereunder for the half-year in respect of
1168
PATENTS.
If interest
punctually
paid moneys
to remain for
term certain.
Mortgagee
not obliged to
accept
repayment
before end of
term.
Covenants.
Validity of
patent.
For payment
of renewal
fees and
keeping up of
patent.
Detect in-
fringements,
&c. and take
proceedings,
&c.
which such payment shall have been made: PROVIDED ALSO that
if the mortgagor shall on every - day of - and - day of
- until the day of - , 19 () or within thirty days after
each of the said days respectively pay to the mortgagee interest for
the said sum of and other principal moneys (if any) afore-
said at the rate of five per cent, per annum up to the same half-
yearly days respectively and shall perform and observe all the
covenants and conditions herein contained or to be implied and
on his part to be performed or observed, then the mortgagee will
not before the said day of - , 19 (u) call in the said sum
of or other principal moneys aforesaid or any part thereof
respectively: PROVIDED ALSO that the mortgagor shall not before
the said day of , 19 (M) compel the mortgagee to receive
the said sum of or any other principal moneys aforesaid or
any part or parts thereof respectively : AND THE MORTGAGOR doth
hereby covenant with the mortgagee that the said letters patent
arc now valid and subsisting and not void or voidable (jc) : AND-
THAT the mortgagor will during the continuance of this security
pay all fees necessary for the renewal of the said letters patent
one calendar month at least before the latest time provided by
law for payment of the same respectively, and will do all other
acts and things necessary for keeping up and maintaining the
said letters patent, and will send or deliver to the mortgagee the
receipt for every such payment immediately after the same shall
have been made, and that in default of the mortgagor paying-
any such duty or other money or any part thereof or doing any
such other act or thing last aforesaid, the mortgagee may if he
shall think fit himself make such payment or do or cause to be
done such act or thing: AND ALSO that the mortgagor will during
the continuance hereof make every endeavour to detect and prevent
any suspected or actual infringement of the said letters patent and
inform the mortgagee of every suspected or ascertained infringe-
ment thereof as soon as the same shall be suspected or ascer-
tained by him, and if and when required in writing by the
mortgagee so to do, will commence or take and prosecute or defend
(0 The end of the fixed term.
() Ibid.
(x} This is an unqualified covenant according to the usual practice m
mortgages.
MORTGAGES.
all legal or other proceedings necessary or suitable for the pro-
tection of the said letters patent or the recovery of damages for or
restraining the infringement thereof, or will permit the mortgagee
(if so willing) so to do and assist him in any such proceedings
accordingly: AND ALSO that all moneys and expenses (if any) Repay
whoa paid by the mortgagee for or in respect of any renewal m ney8 ex-
fees or other charges or any proceedings or other matters afore- by
said shall remain on the security hereof as moneys advanced as
aforesaid (y} : PROVIDED ALWAYS, that until the mortgagee shall Powers for
become entitled to exercise the power of sale to be implied
herein (z) the mortgagor shall be at liberty to use and work the and grant
eaid invention without interruption from the mortgagee and also l
may, [but so that he shall in each case give to the mortgagee
days' notice in writing at least of his intention so to do and of the
particulars thereof] in the joint names of himself and the mort-
gagee (and as the attorney of the mortgagee where necessary for
this purpose but not so as to involve the mortgagee in any personal
liability) grant licences (other than sole and exclusive or partially
exclusive ones) to use and work the said invention as from the
dates thereof respectively for the whole or any part of the term
comprised in the said letters patent at the highest rent or royalties
that can reasonably be gotten respectively payable half-yearly,
but unless with the written consent of the mortgagee first obtained
not for premiums merely or for premiums and royalties together
respectively, and each licence aforesaid shall contain provisions
enabling the licensors to determine the licence on default being
made for thirty days in the payment of any royalties after the
respective times therein appointed for the payment of the same,
or in case of the breach by any licensee thereunder of any other of
the covenants and conditions therein contained and on his part to
be performed or observed, and such licensee shall execute a counter-
part of his licence: [AND FURTHER the mortgagor shall within Themort-
fourteen days after the execution of every such licence furnish
the mortgagee with particulars in writing of the contents thereof: grants and
PROVIDED ALSO that from and after the time when the mort- p
(y) This provision may be varied by making these moneys, &c. payable
on demand, together with interest at the rate, &c., and in the meantime
to be charged, together with interest, on the premises.
(z) As to this power, see sects. 19 22 of the Conveyancing Act, 1881,
and sect. 5 of the Conveyancing Act, 1911.
PATENTS.
licences not
to be
impeached by
mortgagor
but remedy in
damages only.
Covenant
as to
.improve*
-mentR, &c.
gageo shall first become entitled to exercise the statutory power of
sale to be implied herein (a), but subject to any licences which
may have been granted as hereinbefore authorised, it shall be
lawful for him alone to work the said invention and to grant
licences in respect thereof, whether sole and exclusive or non-
exclusive or limited or otherwise, and whether at royalties or
premiums only or royalties and premiums together, and for such
terms of years and upon such other conditions respectively as
he may think fit, and that no licence so granted by the mortgagee
shall be impeachable by the mortgagor on the ground that no case
had arisen to authorise the same, or that the power to grant such
licence had been improperly or irregularly exercised, but that
the mortgagor or any other person damnified by an unauthorised
or improper or irregular exercise of such power of licensing shall
have his remedy in damages against the mortgagee or other person
who so exercised the power: AND THE MORTGAGOR doth hereby
also covenant with the mortgagee that every improvement in or
addition to the said invention or new discovery useful for the
manufacture of - - now (if at all) in his knowledge and pos-
session or which shall be made or acquired by him (but not his
assigns) during the continuance of this security, whether possessed,
made or acquired by him solely or in conjunction with any other
person or persons, and whether patented or not, shall, together with
all patent rights (if any) within the realm obtained in respect
thereof, but to the extent only of his interest therein, be comprised
in this security, and that the mortgagor will give the mortgagee
notice in writing of every such improvement, addition or discovery
having been first possessed or made or acquired by him as afore-
said immediately after the same shall have happened, and will
so far as practicable make him a co-applicant with the mortgagor
for any letters patent in respect thereof, and at the expense of
the mortgagor communicate and explain to the mortgagee or his
agents every such improvement, addition or discovery, and at the
like expense execute and do all assurances and things necessary or
(a) After taking possession, which the mortgagee can do at any time
unless precluded by a proviso for quiet enjoyment by the mortgagor until
default, the mortgagee can grant licences, which might be defeated by
the mortgagor after he has redeemed. The proviso in the text gives the
mortgagee a power to grant licences which cannot be so defeated.
MORTGAGES. 1171
suitable to make the said improvement, addition or discovery and
-any patent rights in respect thereof, but to the extent only of the
interest of the mortgagor therein, a complete security for the
repayment of the moneys intended to be hereby secured as nearly
.as may be as if the same had or could have been included in the
premises as shall be reasonably required by the mortgagee: AND And
LASTLY that the mortgagor will at his own expense execute and
do all assurances and things necessary or suitable for enabling
the mortgagee to obtain by way of like security as aforesaid the
benefit of any extension of the term comprised in the said letters
patent or to the extent of the interest of the mortgagor therein of
.any term which may be comprised in any other letters patent for
the time being subject hereto as shall be reasonably required.
AND IT IS HEEEBY DECLAEED that except where the Transmission
-i
context requires a different interpretation each of the expressions
" the mortgagor " and " the mortgagee " shall wherever used herein
be also applicable as far as possible to the assigns of the person
^designated thereby.
IN WITNESS, &c. (&).
51. MOETGAGE of a Patent by ONE CO-PATENTEE (the
Inventor} to THE OTHER for past and present Advances,
in pursuance of AGREEMENT made pending Application
for Patent The Agreement having CHARGED the Patent
rights with repayment, and the JOINT GRANT having
been obtained as ADDITIONAL SECURITY Interest at
FIXED EATE, and also ACCORDING TO PROFITS On Re-
demption the Entirety to be assigned to Inventor.
THIS INDENTUEE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the mortgagor"), of the one part, and C. D. ?
of, &c. (hereinafter called "the mortgagee"), of the other part:
WHEREAS the mortgagor as inventor of a new and improved
process, &c., made his application for letters patent on the Invention.
day of , 19 , and obtained provisional protection in respect for patent and
of the said invention on the day of, &c.: AND WHEREAS by an provisional
protection.
(6) Tho deed should be registered. As to registration generally, see
-sects. 28, 6672 of the Act of 1907.
1172
PATENTS.
Agreement
for the
mortgage.
Full stamp
duty paid 011
agreement.
Joint patent
sealed.
Sums
advanced
under the
agreement.
Interest paid
up to date.
Mortgagor
established iu
business of
working
patent.
agreement (c) dated, &c., and made between the mortgagor of
the one part and the mortgagee of the other part it was agreed
(amongst other things) that on the respective events therein
mentioned the mortgagee should advance moneys to the mort-
gagor by instalments amounting altogether to the sum of
to enable him to obtain the patent for and establish himself at
- in the business of working the said invention: AND THAT
as soon as the mortgagee should have advanced the mortgagor the-
sum of he should be entitled to be made an applicant for
the grant .of the patent jointly with the mortgagor: AND THAT
immediately after the grant thereof the mortgagor should execute-
a mortgage thereof or of all his interest therein so that the entirety
thereof should be vested in the mortgagee to secure the repay-
ment of all advances under the said agreement, together with
interest as therein provided, and so that on redemption the entirety
of the said patent should be assigned to the mortgagor: AND-
THAT until the said mortgage should be executed, the patent rights
for the time being comprised in the said agreement should stand
charged with the repayment of the principal moneys and interest
as aforesaid, and the mortgagor should hold the same in trust for
the mortgagee to enable him more effectually to enforce the said
charge (where necessary) : AND WHEREAS ad valorem stamp duty
as on a mortgage, namely , has been paid on the said agree-
ment to the full extent of the said sum of : AND WHEREAS-
the said patent was duly sealed on the day of - - last and
granted to the said parties in their joint names: AND WHEREAS in
pursuance of the said agreement the mortgagee advanced to the-
mortgagor the sum of on the day of - last and the
sum of - on the - - day of last: AND WHEREAS all
interest as aforesaid has been duly paid to the mortgagee on the
said sums of - and up to the date hereof (d}\ AND
WHEREAS the mortgagor hath established himself at - - afore-
said in the business of working and hath for some time worked'
the said invention: AND WHEREAS these presents are intended
to be the said mortgage with certain modifications (e). NOW
(c) See the agreement, ante, p. 1002.
(d) This will be found convenient, and can be deducted from the final
advance about to be made. The covenants for payment of principal can.
thus be simplified, although in variance of the agreement in this respect..
(e) These will, in particular, be as to the times for repayment.
MORTUAGKS. 1173
THIS INDENTURE WITNESSETH that in pursuance of the it Testatnm.
said agreement in this behalf and in consideration of the said sums In considera-
n tion, &c. and
01 i and so advanced by the mortgagee to the mortgagor final advance
as aforesaid and of the sum of now paid (/) by the mort- now made -
gagee to the mortgagor, making together with the said sums of
and the said sum of - (the receipt of which said
sums of and - respectively the mortgagor doth
hereby acknowledge), he the mortgagor doth hereby covenant with Covenant to
the mortgagee that he the mortgagor will pay to the mortgagee on ^ interest* 1
the day of - - next (g) the sum of - together with fixed day.
interest thereon from the date hereof, firstly at the rate of per Interest at
cent, per annum, and secondly to the extent of one-third share of a lso accordhit'
the net profits (if any) of the said business for the half-year to profits,
then ending, or such part of the said one-third share as shall be
equal to per cent, (h) of the said sum of -. AND THIS ' 2nd Test a turn.
INDENTURE ALSO WITNESSETH that for the considera- Awignment
and release of
tion aforesaid the mortgagor as beneficial owner to the extent patent.
hereinbefore appearing (i), doth hereby assign and release unto
the mortgagee the said invention and letters patent and the sole
and exclusive benefit thereof and of all extensions thereof, and all
rights, powers, emoluments and advantages whatsoever under or
in respect of the said letters patent, To HOLD the said invention,
letters patent and premises unto the mortgagee subject to the
proviso for redemption hereinafter contained : PROVIDED ALWAYS, Proviso for
that if the mortgagor shall on the - - day of - - next pay to redem P tion -
the mortgagee the sum of with interest for the same in the
meantime, firstly at the rate of - - per cent, per annum, and
secondly to the extent of one-third share of the net profits (if any)
of the said business for the half-year then ending or such part of
the said share as shall be equal to - per cent, of the said sum
of , then the mortgagee Avill at any time thereafter at the
request and cost of the mortgagor assign to him the entirety of the
(/) Before advancing this sum the mortgagee should, of course, see
that the register discloses no mesne incumbrances.
(g} At the end of six calendar months.
(h~) In fixing this percentage it should be noticed that the period is
half a year only.
(i) This saves the full statement of the mortgagor's interest. He
virtually covenants as beneficial owner of the entire patent subject to the
agreement and charge, and any acts of the mortgagee in respect thereof.
1174
PATENTS.
Further like
interest after
day of
redemption.
Moneys
to remain for
term certain
if interest
punctually
paid.
Covenants.
Validity
of patent.
Other clauses
(See Mort-
gage, ante,
p. 1168.)
Accounts to
be kept,
inspection
allowed,
evidence
given, &c.
said invention, letters patent and premises: AND THE MORTGAGOR
doth hereby covenant with the mortgagee that if the said sum; ,
of or any part thereof shall remain unpaid after the said -
day of - next, he will pay to the mortgagee half-yearly on every
day of - and day of - interest (fc) thereon or on such
part aforesaid firstly at the rate of - - per cent, per annum,
and secondly to the extent of one-third share of the said net profits
(if any) for the time being or such part of the said one-third share
as shall be equal to - - per cent, of the principal sum for the
time being remaining unpaid hereunder: PROVIDED, HOWEVER,
that if the mortgagor shall on every - - day of - - and -
day of - - until the - - day of - , 19 (?), or within thirty
days after each of the said days respectively pay to the mortgagee
interest for the said sum of at the rate first mentioned in
this behalf, and also further interest in respect of one-third share
of net profits as aforesaid up to the same half-yearly days respec-
tively, and shall perform and observe, &c. [Remainder and
following proviso as in last precedent^ : AND THE MORTGAGOR
doth hereby covenant with the mortgagee that the said letters
patent are now valid and subsisting and not void or voidable, and
that the mortgagor will, &c., &c. [Continue as in last prece-
dent to the beginning of the covenant as to improvements or
additions; then immediately before that covenant as follows]:
And the mortgagor doth hereby also covenant that he will keep
at his usual place of business all proper books of account, and
make true and complete entries therein at the earliest opportunities
of all particulars necessary or convenient for the purposes hereof
relating to the manufacture and sale of the [articles] made accord-
ing to the said invention and the licences [or, sub-licences]
granted in respect thereof, and all other dealings by him with
or in relation to the said invention and patent rights subject
hereto, and to the said business or any of them, and will balance
his accounts at the end of each half-year aforesaid; and will
at all times during the continuance and for the purposes hereof
produce the said books to the mortgagee or his agents or agent,
and suffer him or them to inspect and make copies of or extracts
from the said books or any of them as and when reasonably
(k) The same two kinds or rates of interest as before.
(Z) The end of the fixed term.
MORTGAGES. 1175
required by him or them, and will give the mortgagee or his
agents or agent all information, and, at the expense of the mort-
gagee, evidence by statutory declaration or otherwise as to the
truth of any particulars aforesaid as and when reasonably required
by him or them [and will pay the charges and expenses (not
exceeding ) of a chartered accountant (if any) employed by
the mortgagee for any half-year to investigate the said books
and state of the said business for the purposes aforesaid]: And
will at the end of each half-year aforesaid send to the mortgagee
a full account and balance sheet for such half-year [Continue
as in last precedent from and including covenant as to improve-
ments or additions to the end thereof}'. A!ND IT is HEREBY DE- Charge kept
GLARED that for the purpose (if necessary) of protecting the mort-
gagee against any mesne incumbrances the charge effected by
the hereinbefore recited agreement dated, &c., as aforesaid shall
be kept on foot(m). AND IT is HEREBY DECLARED THAT, &c.
[Transmission Clause as in last precedent}.
IN WITNESS, &c. (ri).
52. MOKTGAGE of a LICENCE (the LICENSOR not being
a Party) (o).
THIS INDENTUEE, made, &c., BETWEEN A. B., of, &c. (here-
inafter called "the mortgagor"), of the one part, and C. D., of,
&c. (hereinafter called "the mortgagee"), of the other part:
WHEREAS by a licence under seal dated and made between E. F., Recitals.
of the one part, and the mortgagor of the other part, the said E. F. Licence,
granted unto the mortgagor and his assigns the sole and exclusive
right within the town of, &c., to manufacture articles according
to the invention mentioned (together with the letters patent in
respect thereof) in the schedule thereto, for the residue of the term
of fourteen years comprised in the said letters patent at royalties
payable half-yearly on every day of - and day of - ,
and subject to the covenants and conditions therein contained. AND
WHEREAS the mortgagor hath requested the mortgagee to advance Intended
__^_____ loan.
(m) This is to prevent, if possible, merger of securities in case the
agreement should not have been executed as a deed, or registered.
(n) The deed should, of course, be registered,
(o) If the licensor is made a party, see next precedent.
1176
PATENTS.
1st Testatum.
Covenant to
pay principal
and interest
on redemption
day.
2nd Testatum.
Assignment
of licence
subject to
proviso for
redemption.
Proviso for
redemption.
Covenant for
further
interest.
Covenants as
to validity of
licence.
For payment
of royalties,
Ac. "
Quiet
enjoyment by
mortgagor
until redemp-
tion day.
Transmission
clause.
him the sum of , to be secured together with interest thereon
by mortgage of the said licence in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH that in considera-
tion, &c., he the mortgagor doth hereby covenant, &c. [first testa-
turn in Mortgage, p. 1166, ante, except as to future advances],
AND (THIS INDENTURE ALSO WITNESSETH that for
the consideration aforesaid he the mortgagor as beneficial owner
doth hereby assign unto the mortgagee all that the said licence
dated, &c., and the full benefit thereof to hold the same unto the
mortgagee and his assigns subject to the covenants and conditions
therein contained and henceforth on the part of the licensee to
be performed or observed, and also subject to the proviso for
redemption hereinafter contained: PROVIDED ALWAYS, that if, &c.
[proviso for redemption as in Mortgage, ante, p. 1167, except
as to future advances]: AND THE MORTGAGOR doth hereby cove-
nant with the mortgagee, &c. [covenant for payment of interest
after redemption day, as in Mortgage, ante, p. 1167, except
as to future advances and reduction of interest, <&c.~\\ AND THE
MORTGAGOR doth hereby also covenant with the mortgagee that
the Said licence is now valid and subsisting, and that all the
royalties reserved by the said licence have been paid up to the
day of - last (p), and that all the covenants and conditions
therein contained and on the part of the licensee to be observed
and performed have been observed and performed up to this present
time: AND THAT the mortgagor will during the continuance of
this security duly pay all royalties and other sums (if any) due
under the said licence, and observe and perform all the covenants
and conditions in the said licence contained and on the part of
the licensee to be observed and performed. AND IT IS
HEREBY DECLARED (q) that until the said day of -
next the mortgagor shall be at liberty alone without interruption
from the mortgagee to exercise and enjoy all or any of the powers
and rights conferred by the said licence. AND IT IS HEREBY
(p) The last half-yearly or other date for payment of royalties.
(g) If the licensee (mortgagor) has power to grant sub-licences, pro-
visoes similar to those in Precedent 50, ante, as to the use of the invention
ajid granting of licences by the mortgagor and mortgagee respectively
should be inserted in substitution of the above declaration.
MORTGAGES. 1177
ALSO DECLARED, &c. [Transmission Clause as in Mortgage,
irnte, p. 1171.]
IN WITNESS, &c. (r).
53. MORTGAGE of a Licence (the LICENSOR being
a Party} (s) .
THIS INDENTURE, made &c., BETWEEN A. B., of, &c. (here-
inafter called "the mortgagor"), of the first part, E. F., of, &c.
(hereinafter called " the licensor "), of the second part, and C. D.,
of, &c. (hereinafter called "the mortgagee "), of the third part:
WHEREAS by a licence under seal dated, &c. [recite licence as in
last precedent, but with mention of the rent]: AND WHEREAS in
the said licence it is provided that the licensee shall not assign,
. . . . Which is not
mortgage, or incumber the same without the consent in writing to he assigned,
of the licensor: AND WHEREAS the mortgagee hath agreed to
advance the mortgagor the sum of - to be secured, together of licensor.
with interest thereon, by mortgage of the said licence : AND Agreement
J . . for advance.
WHEREAS the sum of - is now owing to the licensor in respect A sum now
-of rent due to him under the said licence on the - - day of - - owing to
last: AOSTD WHEREAS except as aforesaid all payments of rent forrent.
and royalties and other sums under the said licence have Other sums
been duly made up to the said - day of last: tllied Wn( *
AND WHEREAS the licensor hath agreed to join in these Licensor
presents in order to testify his consent to the assignment of the agrees to join
. 11 on payment of
said licence to the mortgagee upon the terms that the sum of arrears
-, part of the said sum of -- , shall be paid to him the
licensor in satisfaction of the said sum of -- so owing to him mortgagee.
.as aforesaid, and also that the mortgagee shall enter into the lst Testatum.
covenant hereinafter expressed to be entered into by him. NOW p ay principal
THIS INDENTURE WITNESSETH that in pursuance of the and interest
said agreement in this behalf, and in consideration of the sum of tion day.
- this day paid to the licensor by the mortgagee at the request
of the mortgagor (the receipt whereof the licensor doth hereby
acknowledge), and of the sum of -- this day paid to the mort-
gagor by the mortgagee (the payment and receipt of which sums
of - and - making together the said sum of - the
mortgagor doth hereby admit and acknowledge), he the mortgagor
(r) The mortgage should be registered.
For a clause as to service of notices, use Sp. Cl. 51, ante, p. 1165.
(s) If the licensor is not to be a party, use last precedent.
1178
PATENTS.
2nd Teatatum.
Assignment
of licence.
Subject to
covenants, &<:.
in licence and
covenant by
mortgagee
and proviso
for
redemption.
Proviso for
redemption.
Covenant for
further
interest.
And as
to validity of
licence,
payment
of future rent,
&o.
Quiet
enjoyment by
mortgagor
until redemp-
tion day.
Covenants by
licensor with
mortgagee.
As to validity
of licence and
power
to confirm the
mortgage.
Covenant
by mortgagee
with licensor
to perform
covenants in
licence during
possession.
doth hereby covenant, &c. [covenant to pay principal and interest r
as in the first testatum in Mortgage, ante, p. 1166, except as to
future advances']. AND THIS INDENTURE ALSO WIT-
NESSETH that in pursuance of the said agreement in this behalf,,
and for the considerations aforesaid, he the mortgagor as beneficial
owner doth hereby assign, and he the licensor by the direction of
the mortgagor as such beneficial owner doth hereby confirm, unto-
the mortgagee, ALL THAT the said licence dated, &c., and the full
benefit thereof: To HOLD the same unto the mortgagee and his
assigns subject to the covenants and conditions in the said licence
contained and on the part of the licensee to be performed and
observed, and to the covenant by the mortgagee and the proviso for
redemption hereinafter contained: PROVIDED ALWAYS, that if, &c.
[proviso for redemption, as in Mortgage, ante, p. 1167, except as
to future advances]: AND THE MORTGAGOR doth hereby covenant
with the mortgagee, &c. [covenant for payment of interest after
the redemption day, as in Mortgage, ante, p. 1167, except as
to future advances]: AND THE MORTGAGOR doth hereby also cove-
nant with the mortgagee that, &c. [covenants as to validity of the
licence, payment of the rent and royalties, and observance, &c.
of the covenants in the licence, as in last Precedent]. AND IT
IS HEREBY DECLARED by the mortgagor and mortgagee
that until the said - - day of - next the mortgagor shall, &c..
{declaration as to quiet enjoyment, as in last Precedent]: AND
THE LICENSOR doth hereby covenant with the mortgagee that not-
withstanding anything by him the licensor done, omitted, or know-
ingly suffered, the said letters patent are now valid and subsisting,
and not void or voidable, and that the licensor hath now full power
to confirm the said licence in manner aforesaid: AND THE MORT-
GAGEE doth hereby covenant with the licensor that he the mort-
gagee or his assigns, so long as he or they respectively shall have
possession of the premises, or be in the receipt of the profits
thereunder, whether during the continuance of this security, or
after the foreclosure of the equity of redemption in the premises,
or (as to the assigns last aforesaid) after the sale (if any) of the
premises under the statutory power to be implied herein, will
perform and observe the covenants and conditions in the said
licence contained and on the part of the licensee to be performed
(t) These covenants may be regarded as a set-off against the covenant
by the mortgagee (see later).
SPECIFICATIONS. 1179
and observed for the time being (w) : PROVIDED ALWAYS, that the Proviso for
obligation of the mortgagee under this covenant shall on the ^easeon" 1
assignment by him (with the consent of the licensor) of the mortgagee
premises, whether by way of transfer of his mortgage hereunder, substituted
or on sale by him of the premises, or otherwise, entirely oease ovenant .
as to the performance and observance by him of the covenants
and conditions last aforesaid then remaining to be performed and
observed, and as to which no right of action shall then already have
accrued, if he the mortgagee shall procure from the transferee
or assignee a substituted covenant by him with the licensor or
his assigns to the like purport and effect as this present covenant
so far as the same shall be applicable : PROVIDED ALSO that nothing But no
herein contained shall be construed or operate so as to absolve mortgagor
the mortgagor from any of his obligations under the said licence, from his
AND IT IS HEREBY DECLARED, &c. [transmission clause,
as in Mortgage, ante, p. 1171].
IN WITNESS, &c. (#).
54. SPECIFICATION of an Invention of a PROCESS and
MEANS for SOLDERING ALUMINIUM.
PROVISIONAL SPECIFICATION .
Process and Means for Soldering Aluminium. Title.
I [inventor], of, &c., do hereby declare the nature of this inven- Declaration as
tion to be as follows: to nature
or invention.
My invention relates to a process and means for soldering the statement,
metal aluminium, either to itself or to other metals or alloys,
such, for example, as gold, silver, platinum, nickel, cobalt, copper,
tin, lead, iron, zinc, German silver, brass, or bronze. For this
purpose I provide an alloy of zinc, preferably consisting of zinc,
tin, and lead, which I apply to the aluminium at the part
or parts where soldering is to be effected, and I also employ
as an intermediary a material which will prevent oxidation of
the aluminium.
(u} This covenant, coupled with the provisoes which follow, will place
the mortgagee on a similar footing to that of an assignee of a lease.
(x) The mortgage should be registered. For a provision as to service
of notices, see Sp. Cl. 51, ante, p. 1165.
B. VOL.11. 21
1180 PATENTS.
If necessary I first clean (by scraping or otherwise) the surface
of the aluminium, at the part or parts where soldering is to be
effected, and I then apply to the said part or parts paraffin wax,
or other suitable matter, which will liquefy or flow at a low tem-
perature. I then apply the before-mentioned alloy to the part
or parts where soldering is to be effected, and I then apply heat.
Before the heating has reached a degree sufficient to injure or
cause the oxidation of the aluminium, the paraffin wax, or its
equivalent, will be melted, and will exclude air, whilst and until
the alloy becomes melted, and attaches itself to the aluminium.
Where aluminium is to be joined to aluminium, both surfaces to be
attached will be thus treated; but where aluminium is to be joined
to other rnetal, or alloy, which can ordinarily be united by
soldering, the aluminium only need be prepared in this way. The
pieces of metal, with the aluminium so prepared, can be attached
by any ordinary or suitable solder. It will be understood that, if
desired, the alloy may be coated with the paraffin wax, or its
equivalent, in substitution for, or in addition to, the coating of
the aluminium surface.
Dated this - - day of - , 19 .
[Signature of agent.]
Agent for the said [inventor] (y} .
COMPLETE SPECIFICATION.
e - Process and Means for Soldering Aluminium.
Declaration as I [inventor], of, &c., do hereby declare the nature of this inven-
of invention tion, and in what manner the same is to be performed, to be
particularly described and ascertained in and by the following
statement:
Statement. My invention relates to a process and means for soldering the
metal aluminium either to itself, or to other metals, or alloys,
such, for example, as gold, silver, platinum, nickel, cobalt, copper,
tin, lead, iron, zinc, German silver, brass, or bronze. For this pur-
pose I provide an alloy, preferably consisting of zinc, tin, and lead,
which I apply to the aluminium, at the part or parts where
(y) The specification and the duplicate thereof must be signed at the end
and dated ; see Patents Rules, 1908.
SPECIFICATIONS. 1181
soldering is to be effected, and I also employ as an intermediary
a material which will prevent oxidation of the aluminium.
If necessary I first clean (by scraping or otherwise) the surface
of the aluminium at the part or parts where soldering is to be
effected, and I then apply to the said part or parts paraffin wax,
or other suitable matter which will liquefy or flow at a low tem-
perature. I then apply the prepared alloy to the part or parts
where soldering is to be effected, and I then apply heat. Before
the heating has reached a degree sufficient to injure or oxidize
aluminium, the paraffin wax, or other equivalent, will be melted,
and will exclude air, whilst and until the alloy becomes melted,
and attaches itself to the aluminium. Where aluminium is to
be joined to aluminium, both surfaces to be attached will
be thus treated, but where aluminium is to be joined to other
metal or alloy, which can ordinarily be united by soldering,
the aluminium only need be prepared in this way; the pieces of
metal with the aluminium so prepared can be attached by any
ordinary or suitable solder. It will be understood that, if desired,
the alloy may be coated with the paraffin wax, or its equivalent,
in substitution for, or in addition to, the coating of the aluminium
surface .
Whilst not limiting myself to the following procedure, I will
give the best means with which I am acquainted for carrying my
invention into effect, as applied to soldering two pieces of
aluminium together. I prepare an alloy of five parts zinc, two
parts tin, and one part lead, and this I roll into thin sheets. I
then scrape the parts of the aluminium to be attached, and I
coat them with paraffin wax. I then place on each of the surfaces
& piece of the alloy, and I apply heat. The wax first melts, and
then, when a higher heat is obtained, the alloy melts, and on
cooling will be found to be firmly attached to the aluminium
surfaces, which can then be soldered together as ordinary soldering
is effected. Where aluminium is to be soldered to other metals,
which do not require the foregoing preparations, such prepara-
tion is, of course, only effected with respect to the aluminiumj
surface.
Having now particularly described and ascertained the nature Claim,
of my said invention, and in what manner the same is to be per-
formed, I declare that what I claim is:
First: The process of soldering aluminium, consisting in the
21(2)
1 182 PATENTS.
employment of a zinc alloy, with the intervention of a substance
which will melt at a low temperature, and prevent oxidation
or injury of the aluminium, substantially as hereinbefore
described.
Second: An alloy, or compound for soldering aluminium, con-
sisting of zinc, tin, and lead in substantially the proportions set
forth.
Third: In soldering aluminium, the use of paraffin wax, or
the equivalent thereof, as hereinbefore denned, for preventing
injury or oxidation of the aluminium, substantially as herein-
before described.
Dated this day of , 19.
[Signature of agent.]
Agent for the said [inventor] (z).
55. SPECIFICATION of an INVENTION of IMPROVE-
MENTS in TELEPHONIC APPARATUS.
PROVISIONAL SPECIFICATION .
Title. Improvements in Telephonic Apparatus.
Declaration as I [inventor], of, &c., do hereby declare the nature of this inven-
to nature of . , ,,
the invention. tlOn to D6 as lOllOWS:
The principal object of my invention is to provide means,
whereby a return current is transmitted to the sending station, to
indicate that the bell at a distant station has sounded, in cases
where a magneto call apparatus is used.
According to my invention, I provide the armature of the bell
with an arm, pendulum, or equivalent moving part, acting as
an automatic switch, by which contact is made and broken in the
primary circuit of the induction coil, so that a secondary current
is sent to the station of origin, or so that a current from a battery
is transmitted to the sending station to denote that the bell has
sounded at the distant station.
I may use a coil caused to move before the poles of a per-
manent magnet to generate the return current.
(z) The specification and the duplicate thereof must be signed at the end
and dated ; see Patents Rules, 1908.
SPECIFICATIONS. 1183
In applying my invention to the - - telephone, I prefer to
carry the transmitter in the door of the signalling apparatus, and
the receiver on a door or flap below the ordinary door, and covering
a box containing the induction coil and switch. The said trans-
mitter and receiver are thus situated at or about right angles
to their usual position, so as to economize space, and give room
for the battery behind and below the receiver.
To provide a lightning arrester for the telephone, which can
be readily renewed, I separate the terminal screw plates by a
considerable space, and bridge it by a spring, between which and
one of the plates, paper or other readily renewable non-conducting
material is placed.
Dated this - day of - , 19 .
[Signature of agent.]
Agent for the said [inventor] (a) .
COMPLETE SPECIFICATION.
Improvements in Telephonic Apparatus. Title.
I [inventor], of, &c., do hereby declare the nature of this Declaration
invention, and in what manner the same is to be performed, to ^ ^^*^
be particularly described and ascertained in and by the following
statement:
The object of my invention is to provide means whereby a Statement,
return current is transmitted to the sending station, to indicate
that the bell or calling device at a distant station has been sounded,
or operated, applicable more especially in cases where a magneto
call apparatus is used.
According to my invention, I provide the armature of the bell,
or moving part of the calling device, with an arm, pendulum, or
equivalent moving part which, owing to the movement for operat-
ing the bell or device, vibrates or moves so as to send a return
current back to the sending station, to give the required indication.
The said pendulum, or its equivalent, may for this purpose act
as an automatic switch, by which contact is made and broken in the
primary circuit of the induction coil, and an induced current is sent
to the sending station, or so that a current from a battery is trans-
mitted to the sending station, to denote that the bell has sounded,
or calling device been operated, at the distant station. Or the said
(a) As to signature, see ante, p. 1180, note (?/).
1184 PATENTS.
pendulum may carry a coil caused to move before the poles of a
magnet, so as to induce the necessary return current, or the magnet
may similarly be carried by the pendulum, and be caused to move
in proximity to a coil for the same purpose.
My invention applies to the operation of the pendulum as a
switch, to make and break contact in a circuit with the primary
of the induction coil, to send induced currents along the line to the
sending station, when the pendulum vibrates after the bell or
calling device has operated, so as to act as an automatic switch,
but it is to be understood that my invention is not limited in its
application of causing the pendulum, or the like, to effect the
production of the return current, nor is it limited to this particular
form of instrument.
In the accompanying diagram [Describe invention, particularly
by reference to diagram annexed].
Having now particularly described, and ascertained the nature
of my said invention, and in what manner the same is to be
performed, I declare that what I claim is
Claim. 1 . In telephones, the combination with the bell or calling device
of a pendulum or automatic switch, operated by the movement,
which sounds the bell or actuates the calling device, so as to send
a return current, substantially, as and for the purpose herein-
before described.
2. In telephones, the combination with the armature of the
bell of a pendulum, which is vibrated by the movement of the
armature, and by its vibrations generates or induces a return
current, substantially as and for the purpose hereinbefore
described.
3. In telephones, the combination with the battery circuit and
the primary of the induction coil of a circuit, which is closed and
opened by the vibrations or oscillations of a pendulum, or its
equivalent operated by the movement, which sounds the bell, or
actuates the calling device, substantially as hereinbefore described.
4. In telephones, the combination with the bell armature of
the pendulum, and with the battery circuit of the springs, sub-
stantially as and for the purpose described.
Dated this day of , 19 .
[Signature of agent.]
Agent for the said [inventor] (6).
(6) As to signature, se ante, p. 1182, note (z).
RAILWAYS. NOTICE TO TREAT. H85
RAILWAYS (a).
1. NOTICE to TREAT, dc., for PURCHASE of LANDS.
A. and B. Railway. C. Branch.
The A. and B. Railway Company, incorporated by an Act of
Parliament passed in the sixth year of the reign of his late Majesty
King William the Fourth, intituled " An Act for making a
railway from A. to B., with branches to the towns of , in the
county of , and , in the county of ," do hereby, in pur-
suance of the powers and provisions of the said Act; of an Act of
Parliament passed in the ninth year of the reign of Her Majesty
Queen Victoria, intituled " An Act to amend the Acts relating to
the A. and B. Railway, and to authorise the formation of a
junction railway and several branch railways connected with the
same," of " The Lands Clauses Consolidation Act, 1845," and of
"The A. and B. Railway (C. Branch) Act, 1852," give you
notice, that they the said company require to purchase and take
for the purposes of the said C. branch railway and works
authorised by the said Acts secondly and last hereinbefore men-
tioned, a certain portion of the lands and hereditaments situate
in the parish of , in the county of - , which on the
map or plan, and in the book of reference deposited in the
year one thousand eight hundred and fifty-four at the office
of the clerk of the peace for the said county of - , as mentioned
in the said secondly mentioned Act, is numbered ; and that
the said portion of land so required to be purchased and taken by
the said company is particularly delineated and described in the
map or plan hereunto annexed, and is the part thereon coloured
, containing in the whole - - or thereabouts; And the said
company do hereby further give you notice, that, it appearing to
the said company that you, or some or one of you, are or are
reputed to be entitled to or interested in the said portion of land,
or enabled or entitled to sell and convey or release the same, the
(n) See also "Compensation," "Parliamentary Documents."
1186
RAILWAYS.
said company are willing and hereby offer to treat with you as to
the purchase thereof and as to the compensation to be made to
you and every of you, and all the parties interested or concerned
therein, for the damage that may have been or may be sustained by
you and them respectively by reason of the execution of the afore-
said branch railway and works: And the said company do hereby
demand of you and every of you the particulars of your several
estates and interests in the said portion of land, and of the claims
made by you and every of you in respect thereof, and do require
you to deliver such particulars at the office of the said company in
the city of - - within twenty-one days from and after the receipt
hereof, in default whereof the said company will proceed forthwith
to procure the amount of the said purchase-money and compensa-
tion payable in respect of the said portion of land to be settled in
the manner prescribed by " The Lands Clauses Consolidation Act,
1845."
Dated this day of , one thousand nine hundred
and - .
Signed on behalf of the said A. and B. Railway Company.
, Secretary.
To A. B. and C. D. and E. F. and all and
ever} other person or persons whom it may
concern .
Herewith is sent a schedule of claim, which you are requested to
iill up and return.
Schedule to be filled up by Parties claiming, &c.
First, state the name, address and description j
of the party making the claim. I
State the particulars of the estate, share and \
interest in or upon the said lands in respect f
whereof the claim is made, whether in re- I
spect of an estate of freehold, &c.
I .w setting forth, under separate titles, the various particulars
which the owners and lessees are required to specify .]
NOTICE TO APPOINT UMPIRE. 1187
2. NOTICE to ARBITRATORS requiring them to appoint an
UMPIRE.
To Mr. - of , in the parish of - , in the county of ,
gentleman; and to Mr. - - of - , in the parish of - , in
the county of , land agent:
Whereas the - - Railway Company have, by their appoint-
ment in writing under the hand of , their secretary, bearing
date the - - day of - , pursuant to " The Lands Clauses Con-
solidation Act, 1845," appointed you the said - - to be the
arbitrator on the said company's behalf, to settle certain questions,
disputes and differences between me the undersigned - - and
the said - - Railway Company, set forth and referred to in the
said appointment; and I the said - - have, by an appointment
in writing under my hand bearing date the - day of - , pur-
suant to ' The Lands Clauses Consolidation Act, 1845," ap-
pointed you the said to be the arbitrator on my behalf, to
settle certain questions, disputes and differences between me the
said - - and the said - - Railway Company, set forth and
referred to in the said appointment, being the same questions,
disput&s and differences as are referred to or set forth in the
appointment of the arbitrator of the said - Railway Company,
and I have delivered the said nomination and appointment to
you the said : Now I, the said , being one of the parties to
such arbitration, do hereby request you the said arbitrators, before
you enter upon the matters referred to you, to nominate and ap-
point, by writing under your hands, an umpire to decide on any
such matters so referred to you as aforesaid, on which you shall
differ, or which shall be referred to such umpire under the pro-
visions of " The Lands Clauses Consolidation Act, 1845," or " The .
- Railway Act, 1846;" and in case for seven days after this
request you shall neglect to appoint an umpire, I shall apply for
the appointment of an umpire to decide on any such matters so
referred to you on which you shall differ, or which shall be referred
to such umpire under the provisions of " The Lands Clauses Con-
solidation Act, 1845," or " The - Railway Act, 1846," pursuant
to the twenty-eighth section of " The Lands Clauses Consolidation
Art, 1845," in that behalf.
Witness my hand the day of - , one thousand nine
hundred and . T.H.
1188 RAILWAYS.
3. NOTICE from OWNER requiring COMPENSATION re-
quiring ARBITRATION .
To the - - Railway Company.
Whereas, in exercise of the powers contained in the Act or Acts
of Parliament, under which you are authorised to make and con-
struct a certain railway from - - to , you have entered upon
[or, " and taken "] certain parcels of land [here describe the lands
with particularity, as in the notice, Form No. 1, ante], for the
purpose of making spoil banks and side cuttings thereon [or>
"for the purpose of obtaining therefrom materials for the con-
struction for, " repair "] of the said railway " [describe the. injuries
done to the lands according to the facts]], and for other purposes
connected with the construction of the said railway, whereby the
said lands have been damaged and injuriously affected*: Now
I, the undersigned A. B., being the owner in fee simple of the
above-mentioned lands, do hereby, in pursuance of the statutes in
that case made and provided, give you the said company notice,
that I require you to pay me compensation in respect of my said
lands, which you have damaged and injuriously affected [or,
" taken "] as aforesaid, and in respect of my interest therein, and
that the amount of my claim for compensation, by reason of the
premises, is . And further take notice, that, unless you are
willing to pay to me the said sum of , and shall enter into a
written agreement for that purpose within twenty -one days after
the receipt by you of this notice, then it is my desire that the
amount of compensation to be paid to me by you by reason of the
premises shall be ascertained by arbitration, according to the pro-
vision of the Act or Acts of Parliament in that case made and
provided. And if you fail to pay me the said sum of , or
to enter into such written agreement as aforesaid, within the said
twenty-one days, then and in that case I do hereby request and
require you to nominate and appoint an arbitrator to act on your
behalf in the matter of the said arbitration.
Witness my hand this - day of - , in the year of our Lord
19. A.B.,
of [insert address].
NOTICE FROM A TENANT IN TAIL. 1189
4. NOTICE from a TENANT in TAIL, <fc., requiring COM-
PENSATION to be settled by Arbitration.
To the - Railway Company .
Whereas, &c. [as in the Form No. 3, supra, to* ; then proceed
as jolloivs :] Now I, the undersigned A. B., being the tenant in
tail [or, " being committee of E. F., Esq., a lunatic, the owner in
fee simple," as the case may be, setting forth the estate and interest
of the parties in the lands :~\ of the above-mentioned lands, do
hereby, in pursuance of the statutes in that case made and pro-
vided, give you the said company notice, that I require you to pay
compensation in respect of the said lands, which you have damaged
and injuriously affected [or, taken"] as aforesaid, and in respect
of my estate and interest therein, and that the amount of the claim
for compensation, by reason of the premises, is . And
further take notice, that, unless you are willing to pay or deposit
the said sum of , and shall enter into a written agreement
for that purpose, within twenty-one days after the receipt by
you of this notice, then it is my desire that the amount of com-
pensation to be paid by you by reason of the premises shall be
ascertained by arbitration, according to the provisions of the said
statutes in that case made and provided. And if you the said
company fail to pay or deposit the said sum of , or to enter
into such written agreement as aforesaid within the said twenty-
one days, then and in that case I do hereby request and require
you to nominate and appoint an arbitrator to act on your behalf
in the matter of the said arbitration.
Witness my hand this day of - , in the year of our Lord
19. A.B.,
of [here insert address'].
5. NOTICE by COMPANY Three Weeks before LANDS
entered for TEMPORARY OCCUPATION.
Railway.
The Railway Company incorporated 'by virtue of an Act,
intituled [insert the title of the special Act], hereby give you and
each and every of you notice, that, under the provisions of the said
Act, the temporary possession of certain pieces or parcels of land,
1190
RAILWAYS.
called , situate in the parish of - , in the county of - ,
containing by estimation - -A.- - R. - -p., or thereabouts,
which said pieces or parcels of land are more particularly de-
lineated and described in the plan and schedule hereunto annexed
[as the case may be, as in the notice, Form No. I, ante, p. 1185],
is required by the said company, for the purpose of carrying into
execution the purposes of the said Act; and further take notice,*
that they the said company intend, at the expiration of three
weeks from the service upon you of this notice, to occupy the said
lands, so long as may be necessary for the construction [or,
" repair "] of the said railway and the accommodation works con-
nected therewith, and to use the same as they are authorised in
that behalf by the said Act or otherwise; that is to say, for the
purpose of taking earth or soil by side cuttings therefrom [or,
"for the purpose of depositing soil thereon," or, " for the purpose
of obtaining materials therefrom for the construction [or,
' repair '] of the said railway and accommodation works,"
as the case may be]. And, in pursuance of the directions con-
tained in the said Railway Act, and a certain Act incorporated
therewith, intituled " The Railways Clauses 'Consolidation Act,
1845," you and each and every of you are hereby informed, that by
sects. 39, 42, 43 and 44 of the said last-mentioned Act the follow-
ing provisions are made respecting the right of the owners and
occupiers of lands, whereof temporary occupation is required, to
require the company to purchase any such lands, or to receive
compensation for the temporary occupation thereof; that is to say,
by sect. 39 [here the foregoing sections may be given at length,
or the substance only may be stated].
Witness our hands this day of - , in the year of our Lord
19.
A. B. | Directors of the said railway
C. D. \ company.
[Or, " E. F., Treasurer [ or, ' Secretary'] of
the said railway company."]
To A. B., Esq., owner, and C. D.
and E. F., occupiers of the lands
above mentioned, and to all other (
persons whom it may concern.
NOTICE BEFORE LANDS TEMPORARILY OCCUPIED.
6. NOTICE by COMPANY Ten Days before LANDS are TEM-
PORARILY OCCUPIED.
- Railway .
The - - Railway Company, incorporated, &c. [as- in the fore-
going notice, No. 5, to* ; then proceed as follows:] that they the
said company intend, at the expiration of ten days (6) from the
service upon you of this notice, to occupy the said lands as long as
may be necessary for the construction [or, " repair "] of the said
railway and the accommodation works connected therewith, and
to use the same as they are authorised in that behalf by the said
Act or otherwise, for the purpose of, &c. [here insert any special
purpose requiring only ten days' notice (6)]. And in pursuance
of the directions contained in the said Act, and in a certain Act
incorporated therewith, intituled " The Railways Clauses Con-
solidation Act, 1845," you and each and every of you are hereby
informed that by sects. 39, 43 and 44 of the last-mentioned Act
the following provisions are made respecting the right of the
owners and occupiers of lands to demand and receive compensa-
tion in all cases where temporary possession of lands for the
purposes aforesaid shall be taken by the company by virtue of
the powers in the hereinbefore-mentioned Act or Acts contained;
that is to say, by sect. 39 [here the foregoing sections may be
given at length, or the substance only may be stated].
Witness our hands this day of , in the year of our Lord
19.
A. B. j Directors of the said railway
C. D. j company.
[Or, " E. F., Secretary [or, ' Treasurer ' of the
said railway company."]
To A. B., Esq., owner and C. D.
and E. F., occupiers of the lands
within mentioned, and to all
other persons whom it may
concern (c) .
(6) By sect. 33 of the Kailways Clauses Consolidation Act, 1845, three
weeks' notice must be given where lands are required for spoil banks or for
side cuttings or for obtaining materials for the construction or repair of the
railway ; ten days' notice where they are required for any of the other
purposes mentioned in the Act.
(c) As to the proper mode of serving notices, see 8 Viet. c. 20, s. 34.
RAILWAYS.
7. NOTICE from OWNER or OCCUPIER to the COMPANY re-
quiring them not to use land for temporary purposes.
To the - Railway Company.
Whereas, by a certain notice under the hand of A. B. and C. D.
[as the case may be], bearing date the day of - - last, I am
informed that you intend to occupy (for temporary purposes) and
use certain lands [or, " lands and materials "] belonging to me [or,
" in my occupation "], situate at, &c., for the purposes in the
said notice particularly mentioned : [This recital mil vary accord-
ing to the nature of the notice which the company may have
given :] Take notice, that I the undersigned , as the owner [or,
" occupier "] of such lands, do hereby, in pursuance of the statute
in that case made and provided, object to your making use of
8uch lands, or of any part or parcel thereof [as the case may be]*;
and that the ground of my said objection is, that the lands pro-
posed by you to be taken as aforesaid [or, some part thereof,
and the materials contained therein] are essential to be retained by
me [or, if the notice is given by the occupier, "by A. B., Esq.,
the owner thereof"], in order to the beneficial enjoyment of other
neighbouring lands belonging to me [or, " to him "]. And further
take notice, that you are hereby required not to enter upon or use
the said lands in any manner whatsoever, and that it is intended
forthwith to apply for an order of justices to prevent the said
lands [or, " lands and materials "] from being at any time taken
or used by you.
Witness my hand this day of , in the year of our Lord
19.
A. B., owner [or, " occupier "] of the said lands.
8. NOTICE from OWNER or OCCUPIER to COMPANY re-
quiring them not to use lands for Temporary Purposes,
on the ground that other lands are more fitting to be
used.
To the Railway Company.
Whereas, by a certain notice, &G. [as in the foregoing notice,
Form No. 7, to*; then proceed as follows:] and that the ground
of my said objection is, that certain lands called or known by the
ORDER PROHIBITING THE TAKING OF LANDS. 1193
name of , situate at ' -, in the occupation of one [as the
case may be, describing the lands accurately], being lands lying
contiguous or near to those proposed by you to be taken for the
said purposes in the said notice mentioned, are more fitting to
be used for such purposes by you the said company. And further
take notice, that you are hereby required not to enter upon or use
the said lands referred to in your said notice in any manner what-
ever, and that it is intended forthwith to take the necessary steps
to prevent the said lands [or, " lands and materials "] from being
at any time taken or used by you.
Witness my hand this - day of - , in the year of our Lord
19.
A. B., owner [or, " occupier "] of the said lands.
9. ORDER of JUSTICES that LANDS for TEMPORARY PUR-
POSES shall not be TAKEN, the same being NECESSARY
for the BENEFICIAL ENJOYMENT of OTHER LANDS.
) Whereas it hath been made to appear unto us, A. B. and
to wit. ) C. D., two of his Majesty's justices of the peace acting in
and for the said county, in petty sessions assembled, that the -
Railway Company did, by notice in writing, under the hand of
the secretary of the said company, bearing date , and addressed
to A. B., of - , give notice that they intended to enter upon
certain lands situate, lying and being in the aforesaid county of
, belonging to the said A. B., more particularly mentioned
and described in the said notice, for the purpose [as specified in
the notice] ; and that the .said A. B. did, by notice in writing to the
said company, within ten days after the service of such first-
mentioned notice, object to the said company making use of such
lands, on the ground* that the lands proposed to be taken for
such purposes are essential to be retained by him, the said A. B.,
in order to the beneficial enjoyment of other neighbouring lands
belonging to him; and whereas the said company, being duly
summoned, and also the said A. B. did come and appear before
us the said justices: Now we the said justices, having duly con-
sidered the circumstances of the case, and having inquired into
the truth of such ground of objection on the part of the said A. B.,
do, for the reason hereinafter assigned, hereby order that the
1194 RAILWAYS.
said company shall not take or use, without the previous consent, in
writing, of the said A. B., any of the lands or materials in the said
notice alleged to be required by the said company, and so pro-
posed to be taken, on the ground that the said lands are essential
to be retained by the said A. B., in order to the beneficial enjoy-
ment of his other neighbouring lands, by reason that the occu-
pation of the lands for the purposes aforesaid, by the said company,
would [here state the special reasons] .
Given under our hands and seals this day of , A. D.I 9 .
10. ORDER of JUSTICES that LANDS other than those ORIGIN-
ALLY REQUIRED by the COMPANY shall be taken.
[Form 9 to*, then proceed as follows:] That other
to wit. I lands in the said county of - , lying contiguous or
near to those proposed to be taken, belonging or reputed to belong
to C. D.. and in the occupation of E. F., and which are authorised
to be taken by the said company for the purposes aforesaid, under
the provisions of the said Acts, are sufficient in quantity for the
purposec of, and are more fitting to be used by the said company ;
and whereas the said company have refused and still refuse to
occupy such last-mentioned lands, in lieu of those mentioned in the
notice served by them upon the said A . B . ; and whereas the said
company and the said C. D. and E. F. being duly summoned,
together with the said A. B., did come and appear before us, the
said justices: Now we, the said justices, having heard the evidence
of the said several parties and their respective witnesses, and con-
sidered the circumstances of the case, do order and determine that
the said company do use, and we do hereby authorise them to
occupy and use accordingly, the lands belonging to the said C. D.,
and in the occupation of the said E. F. [describing the lands],
for the purposes aforesaid, instead and in lieu of the lands of the
said A. B., originally proposed to be taken by the said company,
as aforesaid.
Given under our hands and seals this day of , A.D. 19 .
NOTICES UNDER LANDS CLAUSES ACTS. 1195
11. NOTICE uihere the OWNER of LANDS TAKEN for TEM-
PORARY PURPOSES REQUIRES the COMPANY to PURCHASE.
To the - Railway Company.
Whereas, in exercise of the powers contained in the Act or
Acts of Parliament under which you are authorised to make and
construct a certain railway from - - to - , you have entered
upon certain parcels of lands [here describe the lands mth par-
ticularity^, for the purpose of making spoil banks and side cuttings
thereon [or, " for the purpose of obtaining therefrom materials
for the construction [or, ' repair '] of the said railway," as the
case may be~\ and for other purposes connected with the con-
struction of the said railway; and whereas, by the said Act or Acts
of Parliament, authority is given to the owners or occupiers of
lands so entered upon as aforesaid, or to parties having such estates
or interests therein as, under the provisions in the sai ; d Act or
Acts mentioned, would enable them to sell or convey lands, to serve
notice in writing on the company who shall have entered on such
lands for the purposes aforesaid, requiring them to purchase such
lands or the estates and interests therein capable of being sold
and conveyed:* Now I, the undersigned A. B., being the owner
in fee simple of the above-mentioned lands, do hereby, in pur-
suance of the authority aforesaid, give you the said company
notice, that I require you to purchase the said lands of me, and all
my estate and interest therein, and that the amount of my claim
for compensation or purchase-money is [The folloiving ad-
dition may be made to this notice if it is considered desirable :
And further take notice, that unless you the said company are
willing to pay to me the said sum of , then it is my desire
that the amount of compensation to be paid to me by you for
the purchase of the said lands shall be ascertained by arbitration,
according to the provisions of the Act or Acts of Parliament in
such case made and provided: and I hereby [give you notice that I
have by writing under my hand, bearing even date herewith,
nominated and appointed - - of - - to be arbitrator on my
behalf in the matters aforesaid, and do hereby] require you the
said company to nominate and appoint an arbitrator to act oil
your behalf in the matter of the said arbitration.
B. VOL. ii. 22
i!96 RAILWAYS.
Witness my hand this day of , in the year of our Lord
19. A. B.,
of [insert address].
12. SIMILAR form where TENANT in TAIL, <&?., REQUIRES
COMPANY to PURCHASE.
To the - - Railway Company.
Whereas, &c. [as in the Form No. 11, to*, then proceed as
follows :] Now I, the undersigned A. B., being the tenant in
tail [or, "being committee duly appointed of A. B., Esq., a
lunatic, the owner in fee simple," as the case may be, setting
forth the estate and interest of the parties in the lands, e.g. " an
estate of fee simple in possession subject to a certain lease bearing
date the day of , and granted to one for years,"
or, " an estate in fee, &c., in the said lands which are copyhold of
the manor of ," or, "an estate for lives," or, "years" as
the case may be (d)~\ of the above-mentioned lands, do hereby,
in pursuance of the authority aforesaid, give you the said company
notice, that I require you to purchase the said lands and the estate
and interest therein capable of being sold and conveyed by me,
and that the amount of the claim for compensation by reason of
the premises is ; and that on payment or deposit thereof, I
am ready to make a conveyance of the said lands to you. [A
notice requiring an arbitration, as at the foot of Notice No. 11,
supra, may be here added.']
(d) The particulars of the estate, share, interest or charge in respect
whereof the claim is made should be here inserted, whether in respect of an
estate of freehold, copyhold or leasehold tenure ; if leasehold, for what term
of years ; if the claim be on account of any interest or charge, as distinct
from an estate in the lands, &c., the particulars of such interest or charge
should be stated : and if any claim be made on account of injury or damage
caused by the taking of the lands, the particulars should be stated.
NOTICES UNDER LANDS CLAUSES ACTS. 1197
13. NOTICE from COMPANY that PRIVATE ROAD will be
REQUIRED jar TEMPORARY USE.
Railway .
The Railway Company, incorporated by virtue of an Act,
intituled [insert the title of the special Act], hereby give notice to
you, and each and every of you, that under the powers of the said
Act contained, the said company intend, at the expiration of three
weeks from the service hereof, to enter upon and use a private road,
situate in the parish of , in the county of , and called
lane [describing the road with particularity} (the same being a roadi
which the said company are by the said Act authorised to use),
and that they the said company intend to use the said road for
the purpose of passing and re-passing thereon, by themselves,
their engineers, contractors, agents, servants, workmen, labourers,
.and other persons employed in and about the construction of the
said railway, and the works connected therewith, and also by
and with such horses, carts, waggons and other carriages (whether
loaded or unloaded), as may be necessary for constructing the
said railway and works, and otherwise carrying the said Act into
execution. And further take notice, that the said company require
and intend to occupy and use the said road in manner aforesaid
for the space of months from the expiration of the said period
of three weeks after the service hereof, and that they are willing to
pay to you, and all parties entitled, such compensation for the
use and occupation of such road as may be agreed upon, or as
shall be otherwise settled according to law.
As witness our hands [or, " my hand "] this day of ,
in the year of our Lord .
E. F. and G. H., Directors of the
said company [or, "I.K., Secretary"
or, " Treasurer " of the said
company].
To A. B., Esq., owner, and 0. D., Esq.,
occupier, of the road mentioned in the
above notice, and to all other persons
whom it may concern.
22 (2)
RAILWAYS.
14. NOTICE from OWNER, &c. of PRIVATE ROAD to COM-
PANY REQUIRING THEM not to US6 the ROAD.
To the - - Railway Company.
Whereas, by a certain notice under the hands of A. B. and
C. D. [as the case may be], bearing date the - - day of -
last, I am informed that you intend to enter upon, occupy and use
a certain private road belonging to me, in my occupation, and
situate on lands belonging to me, situate at, &c.: Take notice,
that I, the undersigned E. F., being the owner and occupier of
such road, and being the owner of the lands over which the said
road passes, do hereby, in pursuance of the statute in that case-
made and provided, object to your making use of such road, or of
any part thereof; and the ground of my said objection is, that
there is another private road [or, " there is a public road"], situate
in the parish of , and called lane [particularly describing
the road], which you, the said company are authorised to use for
the purposes in your said notice mentioned, and which said road
is more fitting to be used for the said purposes than the road
mentioned in your said notice. And further take notice, that
you are hereby required not to enter upon or use the said road,
referred to in your said notice, in any manner whatsoever, and
that it is intended forthwith to apply for an order of justices, to
prevent the said first-mentioned road from being taken or used
by you.
Witness my hand this - day of - , in the year of our Lord
E.F.,
of [place of abode~\-
15. NOTICE from COMPANY to OWNER that they INTEND
to ISSUE WARRANT to SHERIFF.
The - - Railway Company .
Whereas, by virtue and under the authority of an Act of Parlia-
ment, intituled [here insert the title of the special Act], we, the
Railway Company, by a certain notice, bearing date the -
NOTICES UNDER LANDS CLAUSES ACTS.
day of - , informed you, A. B. and 0. D., &c., that all those
parcels of lands, tenements and hereditaments mentioned and
described in the schedule to the notice annexed [or, particularly
described in a map or plan to the notice also annexed, as the case
may be, see Form No. 1, ante,- p. 1185], situate at, &c., belonging
or reputed to belong to you [or, some or one of you], or in which
you [or, some or one of you] had or claimed some estate or interest,
were required to be taken and used by the said railway company,
incorporated by the said Act, for the purposes thereof as in the
said notice is particularly mentioned; and whereas you, the said
A. B. and C. D., &c., have failed to state the particulars of your
claims for purchase-money or compensation for injuries or damage
in respect of the said lands, tenements and hereditaments, or to
treat with the said company in respect thereof, as by the said
notice you were required to do [or, " and whereas we the said
company and you the said A. B. and C. D., &c., have not agreed,
and we cannot agree, as to the amount of the purchase-money or
compensation to be paid by us the said company to you for the
purchase of the said hereditaments and of your estate and interest
therein, or, of the estate and interest therein which by the said
Act you are enabled to sell and convey, and for any damage which
might be sustained by you by reason of the execution of the said
railway works:"] Now we the said company hereby, in pursuance
of the said Act, give you notice that it is the intention of the said
company, after the expiration of ten days from the service of
this notice, and in pursuance of the provisions in the sai.d Act
contained, to issue our warrant to the sheriff or other proper officer
of the county of - , and to cause a jury to be summoned to
inquire of and assess the amount of such purchase-money and
compensation as aforesaid, which you or either of you are entitled
to receive under the provisions of the said Act. And further
take notice that we the said company are willing to give the
sum of pounds for the purchase of the absolute and un-
encumbered fee simple and inheritance in possession of the said
lands, tenements and hereditaments, including your estate and
interest therein, and the estate and interest therein which by the
said Act you are enabled to sell and convey, and for any damage or
injury, by severance or otherwise, which may be sustained by you
the said A. B., C. D., &c., by the execution of the said railway
works.
RAILWAYS.
Witness our hands the - - day of , A.D. - .
G. H. | Directors of the said railway
I. K. I company.
[Or, " L. M.', Secretary, d*c."
To A. B., Esq., and C. D., Esq., and >
all other parties claiming satisfac-
tion or compensation for the above-
mentioned hereditaments, or any
estate, share, interest or charge in
or affecting the same, or for any
injury or damage occasioned by the
taking of the said hereditaments by
the said company, or otherwise "by
reason of making of the said rail-
Avay, or on account of the execution
of the said Act, and to all other
persons whom it may concern.
16. WARRANT from the COMPANY to the SHERIFF RE-
QUIRING HIM to SUMMON JURY.
The - - Railway Company.
[The name of the County]
.To the Sheriff of the county of .
to wit. )
Whereas the Railway Company, established and incor-
porated by an Act of Parliament made and passed in the -
year of the reign of her Majesty Queen Victoria intituled the -
Railway Act, 18 , in which Act are incorporated the Lands-
Clauses Consolidation Act, 1845, the Companies Clauses Con-
solidation Act, 1845, and the Railways Clauses Consolidation Act,.
1845, on or about the - - day of - - gave to and duly served
upon A. B. [the owner], of, &c., a notice in writing, addressed to-
him and bearing date the day of , and signed by - ,
the secretary of the said company, which notice was in the words
or to the effect following [here copy the notice]: "And on or
about the day of - - the said company also gave to and duly
served upon C. D. [the second party served], of, &c., a notice
WARRANT TO SHERIFF TO SUMMON JURY. I201 1
in writing addressed to him ? and bearing date the said daj
of - , and signed by the said , as such secretary as afore-
said, 'which last-mentioned notice was in the words or to the
effect following, that is to say" [here copy the second notice]:
And whereas each of them the said A. B. and 0. D. failed to
treat with the said company in respect of the pieces or parcels
of land and other hereditaments described or referred to in the
schedule written under the notice to him given, and addressed as
aforesaid, for the space of twenty-one days next after the service
upon him of the same notice, and thereupon the said company,
in pursuance of the provisions contained in the said Lands Clauses
Consolidation Act, 1845, gave to and duly served upon the said
A. B. and 0. D. respectively the several notices next hereinafter
mentioned or referred to, that is to say, on or about the - - day
of , the said company gave to and duly served upon the said
A . B . a notice in writing addressed to him, dated the day of
, and signed by the said , as such secretary as aforesaid,
which notice was in the words or to the effect following, that
is to say [here copy the notice of intention to summon a jury\
and on or about the day of the said company gave to
and duly served upon the said C. D. a notice, &c. {copying it]:
And whereas on or about the day of , the said A. B.
and C. D. gave to and duly served upon the said company notice
in writing, addressed to them, dated respectively the day
of , and signed by the said A. B. and C. D. respectively,
which notice was in the words or to the effect following, that is
to say [here copy the notice (if any] for a special jury}: Now
therefore we the said railway company, in pursuance of and
in obedience to the provision contained in the said Lands Clauses
Consolidation Act, 1845, do by this our warrant, under our com-
mon seal, issued to you the sheriff of the said county of ,
require you to summon a jury in compliance with the directions
of the same Act, to determine by their verdict the sum or sums
of money to be paid by the said company for the purchase by them
in fee simple in possession of the said pieces or parcels of land
described or referred to in the said notice of the day of ,
and the appurtenances thereto belonging; and also the sum or sums
of money to be paid by the said company for the damage (if
any) to be sustained by the owner of the said pieces or parcels
of land and other premises by reason of the severing thereof from
1202
RAILWAYS.
the other lands of such owner, or otherwise injuriously affecting
such lands, by the exercise of the powers of the said Lands Clauses
Consolidation Act, 1845, or the said - - Railway Act, 18 ,
or any Act incorporated therewith. [// the question is to be
tried before a special jury, say 11 And the said - - Railway
Company, in pursuance of the said several notices of the said
A. B. and C. D. respectively in this behalf, and in further
obedience to the provisions of the said Lands Clauses Consoli-
dation Act, 1845, do by this their warrant also require you the
said sheriff to nominate a special jury for such trial."]
Given under our common seal this - - day of - , A.D. 19 .
17. ANOTHER and MORE SPECIAL FORM of WARRANT from
the COMPANY to the SHERIFF, REQUIRING HIM to SUM-
MON a JURY.
[The name of the county! ) .
J To the Sheriff of .
to wit. J
Whereas, we the - - Company, incorporated by an Act of
Parliament, intituled [insert title of special Act], and by the
said Act authorised to purchase or take for the purposes thereof
the lands, tenements and hereditaments hereinafter particularly
mentioned, by a notice in writing, bearing date the - - day of
, duly given by us in pursuance of the said Act, did inform
A. B., C. D., &c., that the said lands, tenements and heredita-
ments belonging or reputed to belong to them [or, " some or one
of them "] or in which they [or, " some or one of them "] claimed
some estate or interest, were required to be taken and used by
us the said railway company for the purposes of the said Act;
and that the said company were willing to treat for the absolute
purchase of the said lands, tenements and hereditaments, and of
the interest of. them the said A. B. and C. D., &c., therein, or
which they were by law enabled to sell and convey, and as to
the compensation to be made to them the said A. B., C. D., &c.,
and all parties interested, for the damage or injury that might
be sustained by reason of the execution of the railway works:
And whereas the said A. B., C. D., &c., have, for the space
of twenty-one days after the service of the said notice, failed to
WAKKANT TO SHERIFF TO SUMMON JURY. 1203
state the particulars of their claims in respect of the said lands,
tenements and hereditaments, or to treat with us the said company
in respect thereof: [Or, "And whereas we the said company, and
the said A. B. and C. D., &c., have not agreed and cannot agree as
to the amount of the purchase-money or compensation as afore-
said to be paid by us to them:"] And whereas we the said com-
pany, by a notice in writing, bearing date the day of ,
duly given by us in pursuance ,of the said Acts, did inform the
said A. B., C. D., &c., of our intention to cause a jury to be
summoned to assess such purchase-money and compensation as
.aforesaid; and also the sum of money we were willing to give
for the purchase of the said lands, tenements and hereditaments,
and for the damage to be sustained by reason of the execution of
the said railway works : Now we the said - - Railway Company
do, by this our warrant, in pursuance of the powers conferred upon
us in that behalf by the said Acts, require you the said sheriff to
summon and return a jury 'of twenty-four indifferent men duly
qualified according to law to be and appear before you the said
sheriff at some convenient time or place to be appointed by you
(such time not being less than fourteen nor more than twenty-
one days after the receipt by you of this our warrant, and such
place not being more than eight miles distant from the lands
hereinafter described), in order that you the said sheriff may
cause to be drawn in such manner as juries for trials of issues
joined in the superior courts are by law required to be drawn out
of the persons so to be summoned, and who shall appear, a jury
of twelve men; or if a sufficient number of jurymen do not appear
in obedience to the said summons, then that you the said sheriff
may return a sufficient number of indifferent men duly qualified
;as aforesaid of the bystanders or others that can be speedily pro-
cured to make up the said jury to the number of twelve, you the
said sheriff allowing all parties concerned their lawful challenges
against any of the said jurymen according to law; and such jury
summoned and drawn shall, upon their oaths, affirmations or de-
clarations, as the case may be, inquire of and assess and give a
verdict for the sum or sums of money to be paid by us the said
company to the said A. B., O. D., &c., or other the person or
persons interested therein for the purchase of the lands, tene-
ments and hereditaments hereinafter mentioned, and for the pur-
chase of every estate, share, right, interest or charge of them the
1204 RAILWAYS.
said A. B., C. D., &c., each and every of them, in, upon or affect-
ing the said lands, tenements and hereditaments, or which they,.
any or either of them are or is by the said Act enabled to sell r
convey or release [if the lands are to be severed add the following :
And also for the sum or sums of money to be paid by us the said
company for the damage to be sustained by the owner or owners of
the said lands, tenements and hereditaments, by reason of the sever-
ing thereof from the other lands, tenements and hereditaments of
such owner or owners, or otherwise injuriously affecting such lands
by the exercise of the powers of the said Act of Parliament,, or any
Act or Acts incorporated therewith], that is to say, firstly, all that
piece or parcel of land, &c., situate at a place called , in the-
parish of , in the said county, containing by estimation A.
R. P., or thereabouts, which said piece or parcel of land
and premises are delineated and described on the map or planr
and book of reference deposited in the office of the clerk of the-
peace for the said county of [or, all those parcels of land, tene-
ments and hereditaments mentioned in the schedule hereunto an-
nexed, &c., as in the Form No. 1, ante, p. 1185. The description
of the lands should be accurately stated, and it should agree in all
respects with the description in the notice to treat.]
And the said jury shall also in like manner inquire of and
assess and give a verdict for the sum or sums of money to be paid
by the said company to the said A. B., C. D., &c., [each and every
of them], being the parties interested in the said lands, tene-
ments and hereditaments, &c., for all damage sustained by them
or any of them by reason of the exercise, as regards such lands,
tenements and hereditaments, of the power by the said Act vested
in the said company. And the said jury shall further, upon
their oaths, affirmations or declarations as aforesaid, inquire of
and by their verdict ascertain and settle all such other matters
and things as they may by virtue of the provisions of the said'
Act or otherwise, be lawfully required to do.
Given, under our common seal this day of - , A.D. .
18. APPOINTMENT of SURVEYORS to DETERMINE PUR-
CHASE-MONEY where from PARTIES UNDER DISABILITY.
To all to whom these presents shall come, the Railway
Company, incorporated by an Act of Parliament intituled the?
FORMS UNDER LANDS CLAUSES ACTS.
- Railway Act, 184 , and A. B. [the tenant for life or other
party under (Usability], of, &c., send greeting: WHEREAS, by
virtue of the above-mentioned Act of Parliament, and of the Act
or Acts of Parliament incorporated therewith, the above-named
railway company are authorised to purchase and take, for the
purposes of the said railway, the several pieces or parcels of land
described or referred to in the schedule hereunder written, and
the said railway company have given due notice of their intention
to take the lands for the purposes aforesaid to the parties interested
in the said lands: And whereas, by the last will and testament of
, deceased, bearing date the - - day of , the said pieces
or parcels of land, together with other hereditaments, stand limited
to the use of the said A. B. for his life without impeachment
of waste, with divers remainders over [this recital will vary accord-
ing to the circumstances of each case]: Wherefore, according to
the provisions contained in the Lands Clauses Consolidation Act,
1845, the same being one of the Acts incorporated with the said
- Railway Act, 18 , it is requisite that the purchase-money or
compensation to be paid for the purchase of [or add, "and for
any permanent damage and injury to,"] the said pieces or parcels
of land and hereditaments shall not be less than shall be deter-
mined by the valuation of two able practical surveyors, one to
be nominated by the said company, and the other by the said
A. B.: Now, therefore, be it known, that, in pursuance of and
in obedience to the directions of the said Act or Acts of Parlia-
ment in this behalf, the said - - Railway Company do hereby
nominate on their behalf C. D., of - , &c., an able practical
surveyor, and the said A. B. doth hereby nominate on his behalf
E. F., of, &c., an able practical surveyor, to be the two surveyors
for the purpose of determining by their valuation the amount of*
the purchase or compensation money to be paid by the said com-
pany for the purchase by them in fee simple in possession of the
said pieces or parcels of land 'described or referred to in the said
schedule hereunder written, and the appurtenances thereto belong-
ing: [If the lands- are severed from other lands, then add, "and
also for the purpose of determining the amount of the compen-
sation money to be paid by the said company, for the permanent
damage or injury occasioned by the said railway works to such
pieces or parcels of land and hereditaments, and to lands and
property adjacent thereto, or to any part thereof respectively"].
1205
1206 RAILWAYS.
In witness whereof the said company have affixed their common
seal, and the said A. B. has set his hand to these presents, this
day of , A.D. 19 .
[The schedule above referred to.]
All, &c. [the description of the lands, <c.]
19. NOTICE Of INTENTION tO APPLY to TWO JUSTICES to
APPOINT a THIRD SURVEYOR.
To A. B. [the tenant for life, &c.~]
This is to give you notice, that C. D. and E. F., the two sur-
veyors who, by a certain nomination in writing, bearing date
the - day of - - now last past, to which the common seal of
[the - - Hallway Company, incorporated by the - - Railway
Act, 18 ], is attached, and your signature is affixed, were nomi-
nated for the purpose of determining by their valuation the pur-
chase-money or compensation [hwe shortly recite the contents of
the nomination], cannot agree in the valuation, to make which
they were nominated as aforesaid: and therefore,, the said -
Railway Company, in pursuance of the power for this purpose
given in the Lands Clauses Consolidation Act, 1845, intend to
apply on the - - day of - - now next ensuing, to two of his
Majesty's justices of the peace assembled and acting together at
, to nominate a third surveyor to determine all and every the
matters by the said nomination or instrument in writing referred
to the determination of the said C. D. and E. F.
Dated the - - day of , 19 .
(Signed) A. B., Secretary of the Railway Company.
20. NOMINATION of SURVEYOR by TWO JUSTICES to DE-
TERMINE COMPENSATION where SURVEYORS APPOINTED by
PARTIES CANNOT AGREE.
To all to whom these presents shall come, , of, &c., and ,
of, &c., two of his Majesty's justices of the peace acting in and' for
the county of , send greeting: Whereas, by a certain appoint-
VALUATION BY TWO SURVEYORS OF LANDS. 1207
merit in writing, bearing date on [recite the appointment of two
surveyors; ante, No. 18]; and whereas the above-mentioned C. D.
and E .F. cannot agree as to the amount of the purchase-money
or compensation to be paid for the said pieces or parcels of land,
whereupon application was made to us by the said - - Railway
Company [or, "by the said A. B."} to make such nomination
of a surveyor as is hereinafter expressed, which we have con-
sented to do: Now, therefore, bo it known, that, in pursuance
of and obedience to the provisions contained in the Lands Clauses
Consolidation Act, 1845, in this behalf, we the said justices,
having received proof satisfactory to us that the said C. D. and
E. F. cannot agree in the valuation of the said pieces or parcels of
land in the said hereinbefore-recited appointment, bearing date the
day of mentioned, and that due notice in writing of the
making of this application has been given by the said company
to the said A. B. [or, " by the said A. B. to the said company," or
as the case may be], do, by this writing under our respective
hands, nominate, , of, &c., an able practical surveyor, to de-
termine by his valuation the amount of [here proceed from* in
the precedent, No. 18, to the end]. In witness whereof we the
said [justices] have respectively set our hands and seals to these
presents, this day of - , 19 .
21. VALUATION MADE by TWO SURVEYORS of LANDS
TAKEN or PURCHASED from PARTIES under any DIS-
ABILITY.
Bo it remembered, that we, C. D. and E. F., of, &c., the two
surveyors who, by a nomination in writing, bearing date the
day of last, were nominated, I, the said C. D., by and on
behalf of the Railway Company, incorporated by the
Railway Act, 18 , and I, the said E. F., by and on behalf of
A. B. of , &c., the tenant for life of the lands hereinafter
described [as the case may be], to determine by our valuation the
purchase-money or compensation to be paid by the said company
for and in respect of the pieces or parcels of land hereinafter de-
scribed, do declare that we, the said C. D. and E. F., having valued
the same pieces or parcels of land [or, "and having ascertained
1208 RAILWAYS.
the permanent damage which hath been and will be occasioned
to such lands and to adjacent lands and property belonging to
the said A. B. by the said railway"], are of opinion, and accord-
ingly by this our valuation in writing determine, that the sum
of sterling is the value and shall 'be paid by the said company
for the purchase by them in fee simple in possession, free from
all incumbranoes, except the land tax and tithe commutation rent-
charge, of the pieces or parcels of land described or referred to
in the schedule hereunder written, and the appurtenances to the
same premises belonging or in anywise appertaining [or, " and
that the sum of sterling is the compensation money, and
shall be paid by the said company for or in respect of permanent
damage and injury which hath been and will be occasioned to the
said lands and property adjacent thereto, and belonging to the
said A. B., by the said railway and the works thereof '"]: And
we do declare that this our valuation is correct.
IN WITNESS, &c.
22. AWARD under LANDS CLAUSES ACT, by UMPIRE
appointed by BOARD OF TRADE.
TO ALL TO WHOM THESE PRESENTS SHALL COME, I [A. B.,
of - ] send greeting:
WHEREAS under and by virtue of a certain Act of Parliament,
intituled [ins-ert title of special Act], and of certain Acts of Par-
liament incorporated therewith, a certain railway company was
incorporated and authorised to make and maintain a railway from
-, in the county of - , to - , in the county of - , and
to purchase and take certain lands which were requisite for the
purposes of the said undertaking; AND WHEREAS under the powers
and provisions contained in the said Acts, or some or one of them,
the said company were authorised to purchase and take for the
purposes of the said undertaking, the lands hereinafter particu-
larly mentioned in the schedule hereunder written, and described
on the plan hereto annexed, and coloured green on the said plan;
AND WHEREAS the said C. D. and E. F. were entitled or claimed
to be entitled to sell and convey and release the said lands to the
said company under the powers and provisions contained in the
said Acts, some or one of them; AND WHEREAS on or about the
AWARD BY UMPIRE.
day of , A.D. 19 , notice in writing was duly given to
the said C. D. and E. F., as being the owners or reputed owners
of the said lands, by the said company according to the provisions
contained in the said Acts, some or one of them, that the above-
mentioned lands were required to be taken and used for the pur-
poses of the said railway, and that the said company were willing
to treat for the purchase of the respective interests of them the
said C. D. and E. F. therein, and as to the compensation to be
made to them for the damage that might be sustained by them by
reason of the execution of the said railway works; and in and by
the said notice of the said company required the said C. D. and.
E. F. to deliver a statement in writing of the particulars of their
respective estates and interests in the said lands, and of the claims
made by them respectively in respect thereof; AND WHEREAS
in pursuance of the said last-mentioned notice, the said C. D. and
E. F., on or about the day of , 19 , by a statement in
writing under their hands, informed the said company, that they
.the said C. D. and E. F. were seised and possessed to their own
use and benefit of an estate in fee simple in the said lands, and
that they claimed the sum of as compensation for their
estate and interest in such lands, and for the damage they might
.sustain by reason of the execution of the works authorised to be
executed by the said Railway Acts; and they the said C. D. and
E. F. (the said company not having then issued their warrant
.to the sheriff to summon a jury in respect of the said lands) also
.signified their desire to the said company to have the said question
^f compensation and damage settled by arbitration, conformably
to the directions of the said hereinbefore-mentioned Acts, some
.or one of them: AND WHEREAS they the said C. D. and E. F.
and the said company did not agree and could not agree as to the
.amount of compensation and damage to be paid as aforesaid,
neither did they the said company offer any sum of money to the
.said C. D. and E. F., as and for such compensation as aforesaid;
AND WHEREAS they the said C. D. and E. F. and the said com-
pany did not concur in the appointment of a single arbitrator:
whereupon the said railway company, in pursuance of the pro-
visions contained in the said Acts, some or one of them, duly
.nominated and appointed, in writing under the hands of two of
.the directors of the said company, H. J., of - -, land surveyor,
.to be an arbitrator to whom 'the question of such compensation
1209
1210
RAILWAYS.
as aforesaid should be referred, and requested the said C. D. and
E. F. also to appoint an arbitrator; AND WHEREAS the said
C. D. and E. F., in pursuance of the provisions contained in the
said Acts, some or one of them, and of the said request so made
as aforesaid, duly nominated and appointed, by writing under
their hands, K. L., of - , land surveyor, as the other arbi-
trator to whom the question of such compensation as aforesaid
should be referred; AND WHEREAS the said arbitrators, before
they entered into the consideration of the matters so referred to
them as aforesaid, duly made and subscribed, in the presence of
a justice duly authorised in that behalf, the declaration required
by the said Acts, some or one of them; AND WHEREAS the said
arbitrators entered upon the matters so referred to them as afore-
said, but did not,, in pursuance of the said Acts, some or one of
them, nominate and appoint an umpire to decide on any matters
in which they might differ, or which were referred to them as
aforesaid, but on the contrary they the said arbitrators altogether
refused to appoint an umpire within the time prescribed in the
said Acts, some or one of them; whereupon the said railway com-
pany, on or about the day of - , duly made application
in writing to the Board of Trade, requesting them to appoint an
umpire, in pursuance of the Lands Clauses Consolidation Act,
1845, being one of the said Acts incorporated with the said Act
intituled [here state the title of the special Act]; and the said
Board thereupon, in pursuance of the said request, and of the
provisions contained in the said Lands Clauses Consolidation Act,.
1845, by writing signed by - - 'duly appointed me, the before-
mentioned A. B., to be the umpire in the matter of the said
arbitration; AND WHEREAS the said arbitrators, by reason of a
difference between them, failed to make their award within
twenty-one days after the day on which the last of the said
arbitrators was appointed, and no extended time was appointed
by them for the purpose of making their award, whereby the
matters referred to the said arbitrators as aforesaid, and on which
they so differed, duly came before me, as umpire: Now know ye
that I, the said A. B., having taken upon me the burthen of
making the said award, and having, before taking into considera-
tion any of the matters referred to me, duly made and subscribed,
in the presence of a justice duly authorised in that behalf, the
declaration required by the said Acts, some or one of them.
AWARD BY UMPIRE.
which said declaration is hereunto annexed; and having been
attended [by the said arbitrators, and] by the said parties and
their witnesses, [and having also viewed the said lands,] and
having also in making this my award regarded not only the
value of the land to be purchased or taken as aforesaid by the
said company from the said C. D. and E. F., but also the damage
to bo sustained by them, by reason of the severing the said lands
taken from the other lands of the said C. D. and E. F., or other-
wise injuriously affecting such other lands by the exercise by
the said company of the powers contained in the said Acts, or
either of them, do make this my award in writing concerning
the premises, in manner and form following, that is to say, I do
award, decide, order and determine that the said company shall
pay the sum of for the absolute purchase of the fee simple
in possession free from incumbrances (save and except the land
tax and tithe commutation rent-charge) of all those pieces or
parcels of land particularly mentioned and described in the said
schedule hereunder written, and also delineated in the said plan
hereunto annexed, and numbered respectively 2, 3, 4, 6, &c. to
18, on the said plan, and coloured green; and that the further
sum of shall be paid by the said company as and for com-
pensation for all damage which will be sustained by the owners
of the said lands by reason of the execution of the said works,
and by reason of the severing of the said lands from the other
lands of such owners, or otherwise injuriously affecting such other
lands by the exercise of the powers of the said Acts.
And I, the said A. B., in pursuance of the powers contained in
the said Acts, some or one of them, do hereby declare that I have
settled the costs of the said C. D. and E. F. incident to this
arbitration at the sum of , and the costs of and incident to
my umpirage and award at the sum of , which said sums
are to be paid by [as the case may be] (e). Witness my hand and
seal this day of , in the year of our Lord 19 .
(e) The costs may be awarded by a separate document.
1211
B. VOL. II. 23
1212
RAILWAYS.
Parties.
Recitals :
of agreement
for sale
of lands
to company ;
of conveyance
to company ;
of agreement
to execute
works, &c.
23. AGREEMENT by a RAILWAY COMPANY to execute
WORKS -for the ACCOMMODATION of the OWNER of LANDS
adjoining the RAILWAY.
THIS INDENTURE, made the
day of
19-
Interpretation
clause.
To make and
maintain
roads, yates
and culverts.
BETWEEN the X. and Y. Railway Company, of the one part,
and A. B., of, &c. (hereinafter described as the owner), of the
other part: WHEREAS the owner is seised of or otherwise entitled
for an estate in fee simple in possession to (amongst other here-
ditaments) the several pieces of land and hereditaments described
in the schedule hereunder written, which being required by
the company for the purposes of their works were recently agreed
to be purchased by them free from incumbrances at the price
of : AND WHEREAS by an indenture bearing even date with,
but to be executed after, this agreement the said pieces of land
and premises are intended to be conveyed unto and to the use of
the company, their successors and assigns: AND WHEREAS upon
the treaty for the said purchase it was agreed that the company
should make the payments and execute the several accommodation
and other works hereinafter mentioned respectively, and should
enter into the stipulations hereinafter contained and on their part
to be observed and performed: NOW THIS INDENTURE
WITNESSETH, and it is hereby agreed and declared, and the
company do hereby for themselves, their successors and assigns
(so far as relates to the stipulations on their part to be observed
and performed), covenant with the owner in manner following,
that is to say:
1. In this agreement the term "owner" includes the owner
and his heirs and assigns, and the term " the company " includes
the X, and Y. Railway Company and their successors and assigns.
2. The company shall previously to the opening for traffic of
the said intended railway, or any part thereof, make and for ever
after the making thereof, maintain fit for the convenient passage
thereover respectively of agricultural waggons and carriages, such
roadways or paths each of the width of ten feet at the least,
with such culverts and works thereunder respectively as are next
hereinafter mentioned or referred to [describe these worlcs in
detail]: And also shall at their own cost make, and for ever
maintain in good and sufficient repair and condition, suitable
gates, each of sufficient width for the passage of agricultural
AGREEMENT FOR ACCOMMODATION WORKS. 1213
"waggons and carriages, over or upon all the several roadways or
paths hereinbefore mentioned: and also shall at the like cost make,
and in like manner maintain in good and sufficient repair, culverts,
tunnels, and other necessary works under the said several road-
ways or paths, so as that the same respectively shall not in any way
interfere with, hinder or obstruct the free passage of water through
the several drains or ditches over which the same roadways or
paths shall respectively pass as aforesaid.
3. The company shall make, and for ever after the making To make
thereof, maintain and keep open two main drains to be made jjrains amtam
parallel with and adjoining to the said intended railway, the one
on the eastern and the other on the western side thereof, so that
an effectual watercourse may be maintained and continued along
the said intended railway for such distance as the same shall
pass through or adjoin upon lands belonging to the owners.
4. The company shall make, and for ever after the making To make and
thereof, respectively maintain and keep in good repair for the t^umek! 1
purpose of carrying off the water from such of the lands lying
adjacent to the said pieces or parcels of land described or referred
to in the said schedule to these presents, as are situate on the
eastern side of the said intended railway, a circular tunnel under
the same railway of the width or diameter throughout of
feet at the least, to run between the pieces of land first and
secondly described in the said schedule, and to be in the same
position and direction as nearly as circumstances will permit as
is the drain or ditch which now separates the same pieces of land
respectively the one from the other, which position and direction
are delineated in the plan drawn in the margin of these presents
by a line or mark coloured blue.
5. The company shall make, and for ever after the making To make and
thereof, respectively repair and maintain fit for use and suitable crossings.
for the passage thereover respectively of agricultural waggons
and carriages, the several passages or crossings, each of the width
of ten feet, over or across the said intended railway and the works
thereof next hereinafter mentioned (that is to say): First, one
such passage or crossing over or upon the piece of land firstly
described in the schedule hereunder written, at the northern end
thereof and immediately adjoining to the station which is in-
tended to be erected and built by the said company on land lying
on the eastern side of the same piece of land, which said passage
23 (2)
1214
RAILWAYS.
The company
not
cotnpellable to
make further
accommoda-
tion works.
How works
to be
completed.
or crossing is delineated in the said plan drawn in the margin of
these presents by a line coloured red [describe in a similar manner
the other crossings].
6. The company shall not, by reason of the purchase by theia
of the pieces of land and hereditaments respectively described
in the said schedule hereunder written, be liable or oompellable
by virtue of the Eailways Clauses Consolidation Act, 1845, or
otherwise howsoever, to make, construct, or erect for the accommo-
dation of the owner any works whatsoever, other than those herein-
before agreed to be made by them.
7. All the works hereinbefore agreed to be made by the com-
pany shall be executed by them and at their own cost, to the satis-
faction of Mr. , of, &c., or other the surveyor for the time
being of the owner, and shall be completed within months
from the date of this agreement.
As WITNESS, &c.
THE SCHEDULE ABOVE REFERRED TO.
Parties.
24. AGREEMENT for the CONSTRUCTION of a RAIL WAI-
STATION and LINE.
THIS INDENTURE of Contract, made the - - day of ,.
19 , BETWEEN A. B. and C. D., carrying on business as builders
and contractors, under the name or firm of and Company,
at , in the county of (who are hereinafter referred to as
the contractors), of the one part, and the Railway Company,
incorporated by an Act of Parliament passed in the - - and
years of the reign of her Majesty Queen Victoria, intituled
" The Railway Act, 18 " (and who are hereinafter re-
Recitals: f erred to as the company), of the other part. WHEREAS the com-
of intention of pany, acting under the authorities vested in them by " The -
make station, Railway Act, 18 ," and by certain public Acts incorporated
lines, &c. ;
therewith, are authorised to make and maintain, and contemplate
making and maintaining the following railways, with all proper
stations, approaches, works, and conveniences connected therewith,,
respectively, that is to say:
1. A railway (hereinafter called railway No. 1) commencing
at or near X., and terminating at or near Y.
2. A railway (hereinafter called railway No. 2), &c.
AGREEMENT FOR CONSTRUCTION. -!>
And particularly a new terminal station; AND WHEREAS the of general
contract intended to be effected by these presents comprises the agreement *
construction, and maintenance for a period of one year after com-
pletion, of the railways and works authorised by the - Rail-
way Act, 18 , and hereinbefore mentioned, or such number or
parts of the said railways and works as the engineer of the com-
pany may from time to time determine to have executed under
this contract, and under the powers of the said Act, and the
same contract also comprises such other or additional works as
may be required by the said engineer, to complete for public use
the railways and works hereinbefore mentioned, or such number
or parts thereof as the said engineer may determine to have
executed under this contract, and to carry into effect any agree-
ments with landlords and others, which the company has entered
into, or may hereafter enter into, as well as the various clauses
and provisions of the said Act; AND WHEREAS the principal that intended
general features of the works are, or will be, stated in the specifi- ^ated In*
cations hereunder written and in subsequent specifications, and specifications;
also in the drawings and instructions to be issued by the engineer
from time to time; AND WHEREAS the contractors have proposed that
to the company to execute the aforesaid works, matters, and things
upon the terms and conditions hereinafter mentioned, and the to execute the
company having accepted such proposal, the parties hereto have
agreed to enter into these presents for that purpose accordingly;
NOW THIS INDENTURE WITNESSETH that in considera- Agreement.
tion of the payments to be made in cash or otherwise as herein-
after provided for, and of the covenants hereinafter contained on
the part of the company, the contractors hereby do jointly and as
separate covenants each of them doth covenant and agree with the
said company in manner following, viz.: That they, the con-
tractors, shall and will in a good and workmanlike manner, to
the entire satisfaction of the company's engineer, construct,
execute, complete, and maintain the railways, works, matters-
and things hereinbefore mentioned and also described or
mentioned or to be described or mentioned in the said speci-
fications and plans hereinbefore referred to, and shall and will
duly execute and construct, complete, and maintain all the works,
and find and provide all the plant, materials, labour, matter, and
things of and relating to the said intended railways and works,
in the manner, within the time, and subject to the terms and
1216
RAILWAYS.
Contractors to
execute works
and provide
plant, &<:.
Contractors,
with consent
of engineer,
may avail
themselves of
statutory
powers
of company.
As to lands
required for
execution of
works, &c.
Contractors to
arrange with
owners of
property, &c.
and indemnify
company
from claims.
conditions, and for the considerations hereafter expressed, that is-
to say:
1. The contractors shall execute, construct, complete, and main-
tain all the works, and find and provide all the plant, materials,
labour, matters, and things comprised in this contract, and in
accordance with the terms, conditions, stipulations, and provisions
of these presents, and of the specifications hereunder written, or
of any drawings, instructions, or subsequent specifications to be
issued by the engineer from time to time, and for the considera-
tions expressed and set forth in these presents and in the schedule
of prices hereunder written; And all plant, materials, matters,
and things used or procured by the contractors for the purpose of
this contract, and brought or left upon or near to the site of the
said works, shall become and be considered as the property of the
company for the purposes of the said works and undertaking, and
shall not be removed, taken away, disposed of, or returned, to-
the contractors, unless with the consent in writing of the engineer;
but tho company shall not be answerable for any loss or damage
thereto.
2. The contractors shall, in the execution of the works, be
allowed to avail themselves of the company's Acts of Parliament,
as far as they are applicable to the due and proper execution
of the works: But, in all cases, the contractors shall previously
apply for and receive the sanction in writing of the engineer,,
and shall obtain from the company all necessary and proper notices
for the execution of any such powers.
3. The land required for the site of the works shall be provided
by the company, but tho contractors shall, at their own cost,
provide all the land required for temporary purposes, or for
depositing the materials excavated from the foundations and site
of the works; and, in order to obtain this, they may, at their own.
cost, use the powers of tho company's Acts of Parliament; but
the situation of the land required for such purposes must be to-
the entire satisfaction of the engineer.
4. The contractors shall also make definite arrangements with
the owners of property in respect of all land or property taken,,
used, or entered upon, for any temporary purposes, and shall pay
all damages, compensation, and purchase or other money that may
become payable in respect thereof, or in respect of trespass; and
subject, as hereinafter is mentioned, in respect of injury to adjoin-
AGREEMENT FOR CONSTRUCTION.
ing or contiguous properties, or in respect of the use for such
temporary purposes as aforesaid of the company's Acts of Parlia-
ment; and shall indemnify the company therefrom, and from all
claims and demands on account thereof; and if the company shall
bo called upon to pay any such moneys, the sums so paid, or
which the company shall be liable to pay, shall be charged to the
contractors, as so much money paid to or on account of the
contractors.
5. The contractors shall not sell, or otherwise dispose of, or Contractors
remove, except for the purposes of this contract, or in the manner "and^&c
hereafter provided for, any sand, clay, soil, or other materials
of any kind or description whatsoever, which may be obtained
from the excavations or embankments, or from any lands in the
possession of the company.
6. All buildings, erections, works, materials, trees, timber, and Contractors
other produce now upon the site of the works shall be the property t < ^Df I / r & & c
of the company ; and as many of them as it may be necessary to removed for
take down and remove for the execution of the works, shall be oTXTworks;
taken down and removed from the works and property of the
company by the contractors, and they shall take the same as their
property, and shall pay or allow to the company for the same such
sum of money as shall be decided by valuation to be the value
thereof, after taking into account the costs and expenses to the
contractors of pulling down and removing the same; or, in case of
difference, as shall be determined by arbitration in manner here-
inafter provided.
7. The contractor shall at all times during the term of this to keep clear
contract keep free from obstruction the passage of streets, roads, ^ ^jj &c .
public footpaths, canals, rivers, and other communications.
8 . The contractors shall guarantee the stability of every part to be
of the works they execute, and shall be responsible for any damage
or inconvenience that may arise to the public authorities, or to damage, &c.
the owners or occupiers of land, or any other parties whose ^h, ; J
interests may be affected by reason of any of the works herein
contracted for, while in progress, and for twelve months after their
satisfactory completion, or by reason of delays in the commence-
ment of or completion of such works.
9. The contractors shall in all cases strictly adhere to and ob- to observe
serve and perform all and singular the clauses, stipulations, and provisions in
provisions in any present or future Act of Parliament relating construction
1218
RAILWAYS.
adjoining
parties.
to the railways or affecting the execution of the works hereby
contracted for, or to any agreement that the company has entered
or may hereafter enter into with landowners or others, whose
interests may be affected by the works, so far as relates to such
execution; and the contractors shall be responsible for all claims
to be made upon or against the company, arising out of or owing
to any infringement or neglect of or non-compliance with such
conditions, clauses, stipulations, provisions, or agreements, and
in case of the contractors refusing or neglecting to pay or to satisfy
such claims, the engineer shall have full power to direct the com-
pany to pay or satisfy such claims, and to charge the amount
thereof and all costs, charges, and expenses attending the same
to the contractors, as so much money paid to them on account of
their contract.
to make good 10. The contractors shall also be liable for, and shall make
gd any damage or injury to streets and roads, whether public
or private, and to contiguous or adjoining lands, buildings, or
property, and to sewers, drains, culverts, water and gas mains,
pipes, telegraphs, &c., occasioned by the acts or defaults of them-
selves, their agents, servants, or workmen, or from any cause what-
ever contingent upon the execution of their works done or omitted
by themselves for their own purposes as contractors, and shall take
upon themselves any liability of the company to compensate
owners and occupiers of buildings and land for temporary damage,
and shall pay the costs of all suits and trials which may arise from
these causes; But this shall not include any compensation which
in the ordinary course will be payable by the company for the
injuries affecting lands, buildings, or other property, such as the
interference with light, water, &c., not occasioned by the acts or
defaults of the contractors, or their agents or servants, as such
contractors.
11. And it is expressly declared that no addition to the prices
set forth in the schedule of prices shall be made in consequence of
any increase that may be made in the temporary works which
may be considered requisite during the progress of the works,
whether for the better or more convenient execution thereof, or
for preventing damage or accidents; that if in the execution of
the permanent works it shall appear expedient to the engineer
to omit any of them or to add any others to them, or to make
any additions to or deductions from, or alteration in them, or the
Schedule
of prices.
AGREEMENT FOR CONSTRUCTION. 1 *
depths, dimensions, or sizes specified, or any alteration in the
materials specified, such alteration and changes, if authorised in
writing by the engineer, but not otherwise, shall be made by the
contractors, subject as herein mentioned; but such additions,
deductions, or alteration shall not render void or in any respect
vitiate this contract.
12. All boarding, temporary fences, boards, gates, and other Maintenance
provisions for the prevention of trespass and injury while the fence^&c" 7
works are in progress shall be made to the satisfaction of the during
engineer by the contractors, who shall likewise be responsible O f works,
for all damage caused by the want of such precautions; the con-
tractors shall also maintain all such watchmen, lights, and other
precautions as may be deemed necessary and expedient by the
engineer or the local authorities, for the security of life and pro-
perty, and for the convenience and safety of the works; and it
is hereby expressly agreed that in all cases where claims are made
for damages done by the contractors, or their servants or work-
men in carrying this contract into execution, for which claims
the contractors Avill be liable as between themselves and the com-
pany under the provisions hereinbefore contained, and the con-
tractors do not forthwith discharge the same, the engineer may,
when such claims appear to him to be reasonable, direct the com-
pany to pay the same on account of the contractors.
13. The contractors shall also maintain the permanent fencing Maintenance
of every kind in good order, and shall prevent trespass on, to, or
between lands adjacent to the works during the progress of the
-works, and for one year after the same are completed, and shall
make good any loss or damage that may arise in consequence of
their not so doing.
14. The contractors shall, if (required, furnish the engineer with Statement of
a statement of the arrangement they propose to adopt for the arrangements
execution of this contract, and if the engineer shall consider any to ^ )e - tt ^ dta
-alteration in the same desirable, the contractors shall be bound to engineer,
conform thereto.
15. The contractors shall, at the cost of the company, pro- Police,
-vide suitable policemen when it may be so ordered by the public
authorities or if and whenever directed by the engineer so to do,
for the protection of their own property, or that of the adjacent
inhabitants, or the public interest.
1220
RAILWAYS.
Workmen's
cottages.
Drawings to
show
dimensions of
works.
As to
discrepancies
in drawings.
Company not
to be
responsible for
accuracy
of statements
or plans.
Deviations
from plant*
and
specifications
not to be
made without
engineer's
consent.
16. The contractors shall, at their owii expense, erect such tem-
porary cottages and conveniences, to be approved by the engineer,
as may be necessary for the accommodation of the workmen and
their families during the execution of the works, and shall also
provide such offices as may be directed by the engineer for the
use of the engineers or inspectors of the lines; and at the ter-
mination of their contract, or at such times as the engineer may
think fit, they shall take down and remove from the works or the
adjacent property such cottages or offices, the materials to be the
property of the contractors.
17. The dimensions of the brickwork, masonry, wrought and
cast-iron work, wood-work, and other works of every description,
shall be marked upon the drawings; the lengths and levels of the
ground, depths of foundation, thickness, size and dimensions of
the works shall be also shown upon the drawings, and the con-
tractors in the execution of the works, unless they have written
instructions from the engineer to do so, shall not exceed the-
depths and dimensions shown therein, and should they do so, they
shall not be paid for any increased quantity of work that may
be caused thereby.
18. In case of any discrepancy in the drawings between the
figured dimensions and the measurement taken from the respec-
tive scales, the former shall, unless in obvious cases of clerical
error, in all cases be considered as correct and binding upon the
contractors; also the drawings to larger scales shall be taken as
more correct than those to smaller scales, and the contractors shall
work to such detailed drawings or instructions as may from time
to time be given them by the engineer.
19. The centre lines of the railways, and the extent of laud
bought or to be bought by the company, has been or will be stated
where possible; but the company shall not be responsible for the
accuracy thereof, nor shall they be responsible for the plans show-
ing the surface of the ground. The contractors shall set out the
works in conformity with the provisions of this contract and the
Act of Parliament authorising their formation.
20. The whole of the works herein contracted for shall be
executed precisely as shall be shown upon the drawings, and
described in the specifications hereafter mentioned, and in any
subsequent specifications or instructions which may be given from
time to time to the contractors, and shall not in any case be-
AGREEMENT FOR CONSTRUCTION.
1221
altered or deviated from without the authority in writing from
tho engineer.
21 . The contractors shall not absent themselves from the works Contractors to
without having a fully authenticated and competent agent to act and not to
in their stead, nor assign or sub-let the whole or any paH of the assign, &c.
. . ... contract
\\orks herein contracted for without the previous sanction in writ- without
ing of the engineer, and no sub-contract or assignment of the consent -
said contractors shall exonerate the contractors from their liability
for the due performance of the contract.
22. The contractors shall at their own expense provide the whole Contrators to
of the materials of every description (except those hereinafter 1 Materials, &c.'
specified to be provided by the company), together with all the
machinery, plant, engines, pumps, scaffolding, centre-tools, and
implements of every kind and description whatsoever, both per-
manent and temporary, for the due and expeditious commencement,
prosecution, and completion of the works to be included in this
contract, the whole to be finished in a most perfect and work-
manlike manner, with good and approved materials, under the
direction and superintendence and to the entire satisfaction of the
companj^'s engineer.
23. The works are from the commencement to be carried on Conduct
with such degree of despatch as in the opinion of the engineer of works -
shall be proportioned to the time within which the whole is ex-
pected to be executed; and in case the contractors shall not com-
mence the works at the proper time, or shall not continue them
with reasonable despatch (possession of the land o.r such portions
thereof as in the judgment of the engineer shall from time to
time be required to be given, having been first given to the con-
tractors), or in case the contractors shall not provide good and
sufficient materials, or shall not employ as man}' suitable men,
horses, engines, waggons, barrows, temporary rails and sleepers,
and all other plant and materials, and such number of fully
authorised, experienced and fit agents and overlookers as are in
the opinion of the engineer required for the efficient and expedi-
tious conduct of the works, or shall not conduct and execute the
works to the satisfaction of the engineer, then and in any such
cases, upon notice of complaint signed by the engineer being given
to the contractors, and if upon such notice they do not proceed
in the execution of the contract and with such despatch as afore-
said, or do not supply such good and sufficient materials as afore-
RAILWAYS.
said, or remove any work or men, horses or plant of every kind, or
agent or overlooker complained of, or if they shall wilfully make
On default of , f ,. . , . ' ... .. ,- c ,
contractors default in any respect in proceeding with the execution of the
ompany may works in a manner satisfactory to the engineer, the company shall
the works. have full power, by fourteen days' notice in writing, under the
hand of the secretary or engineer, to remove the contractors from
the further execution of the whole or any part of the works, and
thereupon to employ any other person or persons to complete the
sumo, and in the event of the company removing the contractors
from the execution of the whole or any part of the works, then the
company shall have full power, if they think fit, by themselves,
their agents, servants, or other persons authorised by them to
take possession of and hold all or any part of the contractors'
materials, and all or any part of their waggons, horses, tools,
implements and plant which may then be in or upon or near
the works, or employed in or about the same, and to keep and
employ the same, and any others they may find necessary in the
further execution of the works or any part thereof, until the
completion of the said works or for a less period, at the end of
which time their waggons, horses and tools, implements, and
plant, or such portion thereof as shall then be in existence, and
not further retained as collateral security as hereinafter men-
tioned, shall be returned to the contractors (but without any com-
pensation for the use thereof, or the reasonable wear and tear
in the meantime), and as to such of the said waggons, horses,
tools, implements or plant, as shall then remain in the possession of
the company, the same or any part thereof may be further retained
by the company, if they shall think fit so to do, until the final
settlement between the company and the contractors in respect of
the matters and works executed and left unexecuted by them
under their contract, and as a collateral security to the company
for the payment of any sum of money which may ultimately be
found due from the contractors, and in all cases the costs attending
euch measures shall be borne by the contractors, and the com-
pany shall be entitled to deduct any extra expense they may have
incurred from any moneys owing to the contractors, or from
the proceeds of the sale of any part of the materials which the
company under the circumstances may possess themselves of, and
in default thereof they may sue the contractors or their sureties in
any of His Majesty's courts of law.
AGREEMENT FOR CONSTRUCTION.
24. The company shall provide the rails, chairs, and sleepers, Permanent
and fish-plates, and the contractors shall find the whole of the
remainder of the permanent way and materials and all labour
necessary for the efficient laying of the permanent way, sidings,
and other works hereby agreed to be executed by them, and the
company shall have the power to reject any rails or other materials
which may be damaged after being delivered to the contractors, and
such rails or other materials shall be replaced by the contractors
with new materials of equal quality to be approved by
the engineer.
25 . The company shall deliver the rails, and other materials Delivery of
to be provided by them as aforesaid, free to the contractors at raa f' *? to
r f J \ contractors.
any goods station on their existing line which they may select;
and the contractors shall take delivery of such materials at the
stations they may select, and sign a receipt for them, and shall
remove them thence to and along the works at their own costs,
carefully stacking them in such places as may be convenient, until
they are required for laying the permanent way; and they shall
be responsible for any loss or damage to the rails and such other
materials so delivered to them as aforesaid.
26. The workmen employed by the contractors in this con- Payment
tract shall be paid in cash at least once every fortnight, in an
office or offices to be erected for this purpose.
27. The contractors shall complete the whole of the works in Time for
this contract ready in all respects for opening the railways on wor ks.
or before the expiration of three years from the date of this con-
tract, and the contractors shall pay to the company the sum of Penalty.
500L a week for every week's delay in so completing the works for
public use, such weekly sum to be paid and recovered as and for
liquidated damages, and not in the way of penalty, and the com-
pany shall be at liberty to deduct or set off the same from or
against any moneys to be paid by them under this contract.
28. No work shall be considered as completed according to Acceptance of
the contract unless accepted in writing by the engineer. engineer.
29. The contractors will provide at their own expense copies Copies of
of the drawings and specifications which shall be required by them f^ 1 "*^*^
for the use of themselves, their agents, or workmen. bycontrac-
30. The contractors shall be paid for the works done in manner J
i f Settlement of
hereafter provided for, and in the event of the drawings or speci- disputes by
fications defining any work or finishings not mentioned or referred
1224
RAILWAYS.
Measurement
of works
while in.
progress.
In case of
dispute as to
measure-
ments
engineer's
decision to be
final.
Payments
to contractors
as works
-advance.
to in the schedule of prices, or in case of the contractors being
lawfully required or necessarily obliged to execute any work not
mentioned or provided for in the schedule, and such work being
extended with the sanction of the engineer, the price to be paid by
the company for such work shall be settled or agreed on between
the engineer and the contractors, and should they be unable to
agree thereon such prices shall be settled by arbitration under the
provisions for arbitration hereafter contained; and in -Any such
arbitration, so far as the same may relate to the prices to be paid
for the division or removal of gas or water mains and pipes (other
than service pipes), the arbitrators shall in fixing such prices have
regard to and take into account any risks or contingencies which
the contractors may incur or have incurred in or consequent upon
such division or removal. ,
31. The works, as they proceed, shall be measured every month,
in such manner, and by such persons as the engineer may de-
termine upon and appoint, and the quantity of work done ascer-
tained; and any assistance which the engineer may require for
measurement taken on the ground, and all stakes, poles, and other
articles which may, in the engineer's opinion, be required for
setting out or taking measurements of the works, or any other
cause whatever, shall be found by the contractors.
32. The contractors shall be at liberty to send their agents,
with the company's measurer, in order, if practicable, that they
may agree to the measurements; should the contractors neglect
or omit to send such agents, or should no agreement in the measure-
ments be come to, then the measurements of the company's
measurer shall be accepted; or in the event of any disagreement
as to the measurements, the decision of the engineer shall be final
and conclusive.
33.. The payments to be made by the company to the con-
tractors in respect of this contract shall be made in such pro-
portion as the engineer shall consider the works to have advanced,
and the amount of such payments shall be ascertained and calcu-
lated in manner herein provided, and according to the schedule of
prices, and shall be made in cash, except as hereafter provided,
upon certificates signed by the engineer ; which certificates
the company hereby agree that the engineer shall regularly make
and give. PROVIDED ALWAYS, that 51. per cent, of each pay-
ment shall be retained by the company as a guarantee fund,
AGREEMENT FOR CONSTRUCTION. 1225
until such retentions shall amount to the sum of 30,000t., after
which the full amount of the certificates shall be paid to the con-
tractors.
34. The guarantee fund shall be applied in or towards making Guarantee
good any defect or unsoundness which shall be certified by the
engineer as existing in the said railways, works or undertakings,
or the material used in the formation or construction thereof, and
any default or neglect of the contractors in relation to> the premises,
and also in making good any breach of covenant on their part;
but subject as aforesaid, one-half of the amount of the percentage
which shall have been retained to form such guarantee fund (but
without any interest or other income in respect of such percent-
age), shall, when the engineer has certified that the said railway,
works, and undertakings are complete, and the same shall have
been delivered over to the company, be paid in cash, except as
is hereinafter provided, by the company to the contractors; and
the other half thereof shall continue as a guarantee for the purposes
aforesaid, until twelve calendar months from the date of such
certificate of completion, and until a certificate shall have been
signed by the engineer of the due and proper maintenance of
the railways, undertakings, and works, during such period of
twelve calendar months as aforesaid, and of the first acceptance
of the railways and works under this contract, when such other
half of this guarantee fund, or of the surplus thereof, if any, as
aforesaid, shall be paid to the contractors in cash, except as is
hereinafter provided.
35. The company shall give all notices necessary to be given Company
to all public or local bodies or companies, or to any other person
or persons whomsoever, and shall do all acts of the like kind notices,
which shall be necessary in order to the commencement or prose-
cution of any of the works hereby contracted for, other than such
as may be required by the contractors for temporary purposes,
and the company shall use their best endeavours to procure the
consent or approval of any such bodies, companies, person or
persons, and all expenses incurred for and in the giving of such
notices or obtaining such consent or approval, or consequent thereon
or in order to the compliance with any condition of such consent
or approval shall be borne and paid by the company; and in
case by reason of the not giving of such notice or notices or not
doing such acts as aforesaid, or in case of any other obstruction to
1 226 RAILWAYS.
the progress of the works occasioned by the acts or defaults of"
the company in these respects, any delay in the progress or com-
pletion .of the works shall arise or be occasioned, then the time-
of such delay shall be added to the time agreed on for the com-
pletion of the works without prejudice to any claim to compen-
sation for damage, if any, sustained by the contractors by reason of
such delay.
Company may 36. PROVIDED ALWAYS, that it shall be lawful for the com-
P anv > U P 011 giving f rom time to time one calendar month's previous
to contractors notice in writing of such their intention, to issue or transfer to-
the contractors in lieu of any sum not exceeding in the whole one-
half the amount of any cash payment then due and to be made to
the contractors, 51. per cent, stock of the company, and the last
payment for the time being represented by stock in the hands of
the contractors by virtue of such issue or transfer shall carry
interest at the rate of 51. per cent, per annum as against the
company for the time in respect of such stock being issued or
transferred until such stock shall be realised, and the dividends
on such stock shall belong to the company: And the contractors
shall from time to time be at liberty at their discretion to realise
such stock, and give credit for the net proceeds thereof, and thel
difference between such net proceeds and the cash payments repre-
sented by the stock so realised shall be adjusted in the accounts
of the company and the contractors on the occasion of the next
certificate following each realisation: And at the time prescribed
for payment to the contractors of the first instalment of the
guarantee fund, such stock as shall then remain unrealised shall
be realised, and a final adjustment of accounts, except as to the
guarantee fund, shall be made, and the balance paid in cash:
And as to the guarantee fund the company shall be at liberty,
when and as the same shall be payable, to pay without previous
notice one-half thereof in cash and the other half thereof in such
stock as aforesaid at the market price of the day.
37 ' Tho contractors on the execution of these presents shall
enter into and execute a joint and several bond (of which a
copy has been submitted to and approved of by the contractors)
in the penal sum of 50,OOOL, for the due execution of and per-
formance of all the works, matters, things, and presents aforesaid,
and the completion thereof, in the manner and subject as afore-
said.
WORKING AGREEMENT. 1227
38., The matters herein referred to and specified as being in Arbitration,
case of difference subject to settlement by arbitration shall, in
case the necessity for such arbitration shall arise, be referred to 1
A. B. of , and him failing, to an engineer, to be nominated by
the President of the Institution of Civil Engineers.,
IN WITNESS whereof the contractors have hereunto set .their
hands and seals, and the company have caused their common seal
to be affixed the day and year first above referred to.
THE SCHEDULE ABOVE REFERRED TO.
25. AGREEMENT by a RAILWAY COMPANY for the WORK-
ING, MANAGEMENT, MAINTENANCE, and REPAIRS of a
RAILWAY belonging to ANOTHER COMPANY.
ARTICLES OF AGREEMENT made the - - day of ,
19 , BETWEEN the L. B. and W. Railway Company (hereinafter Parties,
called the L. Company), of the one part, and the M. W. Rail-
way Company (hereinafter called the M. Company), of the other
part. WHEREAS by the L. B. and W. Act, 19 , with which the Recitals:
Railway Clauses Consolidation Act, 1845, is incorporated, and by Power of I*.
which the L. Company was incorporated, the L. Company is ral^capital
authorised to raise a capital of 300,000?. by shares, and to borrow an< * * ^ ak ?
and maintain)
on mortgage a sum not exceeding 125,000?., and to make and line,
maintain the L. B. and W. Railway, commencing by a junction in
the parish of B. with the M. W. Railway, and terminating by a
junction in the parish of D. with the Railway; AND
WHEREAS the said L. Company and the M. Company (hereinafter Powers of
called the two companies) are authorised from time to time to tnetwo .
companies to-
enter into contracts or arrangements with respect to the following enter into
purposes or any of them (that is to say) the working, manage-
ment, maintenance, and repair of the L. Company's railway, and
the collection, conveyance, and conduct of the traffic thereof and
the supply of any rolling or working stock, or of any officers or
servants required for such purposes, the fixing and bringing of
the tolls, rates, and charges, arising on the L. Company's rail-
way or on any part thereof, the division between the two com-
panies of the receipts arising from the traffic upon the L.
Company's railway, or which might have been conveyed on tho
B. VOL. ii. 24
1228
RAILWAYS.
Of this
agreement
having been
duly submit-
ted to and
approved by
general
meetings of
the respective
companies.
Agreement.
Interpretation
of terms.
" The L.
Railway;"
:traffic;"
"debenture
debt;"
"paid-up
oapital."
same, and the payments to be made respectively by one company
to the other with respect to any of those matters; A : ND WHEREAS
the convenience of the public and the interest of the two companies,
respectively, would be promoted by the working by the M. Com-
pany of the railway of the L. Company in connection with the
railways of the M. Company, and the two companies have de-
termined to enter into and execute these presents by way of
agreement as hereinafter appearing; AND WHEREAS these presents
have been submitted to and approved by not less than three-fifths
of the votes of the shareholders present, personally or by proxy,
at extraordinary meetings of the respective companies, parties
to this agreement, specially convened for the purpose, the extra-
ordinary meeting of the L. Company for the purpose having
been held on the twenty-seventh and by adjournment on the
thirtieth day of May, one thousand nine hundred and - > and
the extraordinary meeting of the M. Company for the purpose
having been held on the twenty-third and by adjournment on the
thirtieth day of May, one thousand nine hundred and . NOW
THEREFORE THESE PRESENTS WITNESS that it is
hereby mutually agreed by and between the L. Company and the
M. Company as follows (that is to say):
1. The expression "the L. Railway," wherever hereinafter
employed, means and includes the L. B. and W. Railway as
authorised by the recited Act; and the sidings, stations, works,
and conveniences connected therewith, and those works and con-
veniences respectively include all works and conveniences for land-
owners and others which under Act of Parliament or contract the
L. Company are already or hereafter shall be bound to make.
2. The word " traffic," wherever hereafter employed, means and
includes all passengers, small parcel, animal, goods, mineral and
other traffic whatsoever, whether local or through, and also all
troops, police and mails to be conveyed by the M. Company on
the L. Railway, or any part thereof.
3. The expression " L. debenture debt," wherever hereafter em-
ployed, means and includes the amount from time to time secured
by mortgages granted by the L. Company under the authority of
the recited Act.
4. The expression "L. paid-up capital," wherever hereafter
employed, means and includes so mu h as from time to time is
paid up, whether on deposit or calls, or in anticipation of calls, of
WORKING AGREEMENT. 1229
the L. Company's capital of 300,OOOZ. by the recited Act
.authorised to be raised by shares.
5. The L. Company will make and complete the L. Railway Completion of
with a single line of rails on the narrow gauge, with sufficient ri
lengths of double line at or near stations, and including all proper
and sufficient crossings, cross-over roads, junctions, sidings,
stations, station-houses, station fixtures, fittings and furniture,
sheds, cranes, water tanks, water cranes, signals, electric tele-
graph, and other works and conveniences, and including all proper
and sufficient dwelling-houses at level crossings where necessary,
.and so that the railway shall at the latest, by the time limited by,
the recited Act, or by any Act the L. Company may obtain for
extending such time for the completion thereof, be completed and
ready to be approved by the Government Inspector of Railways
.as being in all respects fit to be opened and used for public
traffic, and to be approved by the engineer for the time being of
the M. Company.
6. After the opening of the L. Railway or any portion thereof Appointment
for public traffic, and during the continuance of this agreement, c 0m ^ttee of
a joint committee consisting of six directors, three of whom shall directors.
be chosen by the board of the L. Company, and three by the board
of the M. Company, shall be, and form a joint committee for
carrying out the provisions of this agreement, and all questions,
matters, and things touching or relating to the order, management,
.and directions of the L. Company under this agreement, shall
in all cases be determined, ordered and carried out by such joint
committee, and at every meeting of the said joint committee one
<of the members thereof, selected alternately, from each of the
.said boards shall be chairman of such joint committee, and such
chairman shall have no casting vote.
7 . Provided always, that in case the board of either company In case of
shall neglect or refuse to name the three members to compose
the said joint committee on their behalf, then, after the expira- company
,,.... 1-11 to nominate,
tion oi fourteen days notice in writing, to be given by the secretary the directors
of the board of the company having nominated their members
of the said joint committee to the board of the company not company
having nominated their members of the said joint committee, maya
requiring them to nominate such members on their behalf, the
members appointed by the one board as aforesaid shall be con-
.sidered as and shall have all the powers of the said joint com-
24 (2)
1230
RAILWAYS.
Contractor to
maintain
permanent
way for
twelve
months.
Proper
arrangements
to be made.
L. Company
to provide
additional
sidings if
required ;
to apply,
if necessary,
to Parliament
for additional
powers of
raising
capital.
mittee until the other board shall nominate three of their board to-
be members of the said joint committee.
8., The L. Company will insert in all contracts to be entered
into with them for the execution of any of the works of the L.
Company, exclusive of the permanent way, the usual provisions
for the maintenance and repair thereof by the contractor for a
twelvemonth after the completion thereof respectively.
9. Before the opening of the railway or any portion thereof
for public traffic, the L. Company will, to the reasonable satis-
faction of the engineer of the M . Company, make all such arrange-
ments as shall be proper and sufficient for enabling the M.
Company, on and after the opening of the railway or the respective
portions thereof for public traffic, to work and manage the same
in accordance with this agreement.
10. If and whenever after the opening of the L. Railway or any
portion thereof for public traffic, any additional sidings or other
works or conveniences are found by the joint committee requisite
for the due development or the safe and convenient reception,
accommodation, conveyance or delivery of traffic thereon, or for
compliance with the requirements of any Act of Parliament, or
the obligations of any contract binding on the L. Company, the
same shall, at the request of the M . Company, be provided for and
at the expense of the L. Company, and they will provide and
complete the same to the reasonable satisfaction of the engineer
of the M. Company, and the same, when completed, shall, for
the purposes of this agreement, be deemed to be part of the
L. Railway.
11. If and whenever, during the continuance of this agree-
ment, it is found by the joint committee necessary for the ful-
filment by the L. Company of any of the articles of this agree-
ment to be fulfilled by them, that they make or incur any
expenditure or liability beyond the amount which they then are
authorised to raise by shares and by borrowing respectively, they
will as soon as can be apply to Parliament for, and use their utmost
reasonable endeavours to obtain, an Act authorising them to raise
the requisite amount by shares, and by borrowing on mortgage
respectively. And in every such case the amount from time to-
time secured by mortgages granted by the L. Company under the
authority thereof, shall, for the purposes of this agreement, be
deemed to be part of the L. debenture debt, and so much of the
WORKING AGREEMENT. 1231
amount thereby authorised to be raised by shares as is from time to
time paid up in respect of deposits and calls, and in anticipation
of calls thereon, shall, for the purpose of this agreement, be
deemed to be part of the L. paid-up capital. ..
12. Without prejudice to Article 11 the L Company shall not Limitation of
, . , . J liability.
be bound to make or incur ior the purposes ox tins agreement any
expenditure or liability exceeding the amount of the money
applicable in that behalf, which they are from time to time
authorised to raise by shares and by borrowing respectively.
13. The L. Company will not at any time during the con- Nottointer-
tinuance in force of this agreement act as carriers on the L.
Railway or any part thereof, and they will abstain from doing M. Company
J J . .. T i of their rights
and concurring in any and every thing which might directly under this
or indirectly interrupt, interfere with, or in any way disturb the a reement -
exercise or quiet enjoyment by the M. Company of any of the
rights, powers and privileges intended to be secured to them by
this agreement.
14. On and for ever after the opening of the L. Railway or M. Company
any portion thereof for public traffic, and during the continuance g^J ^ am '
of this agreement, the M . Company may and will under the super- traffic.
vision and direction of the said joint committee work, manage,
maintain and repair the same respectively, and collect, convey
and conduct the traffic thereon in accordance with this agreement.
15. During a twelvemonth after the opening of the L. Rail- -L- Company
way or any portion thereof for public traffic, the L. Company responsible
will as between themselves and the M. Company, and except
only as respects the permanent way, be responsible 'for the same twelve
respectively being maintained in substantial repair and good work-
ing order and condition.
16. On and for ever after the expiration of a twelvemonth after M. Company
the opening of the railway or any portion thereof for public ^ e ^ ef ^^ to
traffic, the M. Company will maintain the same respectively in
substantial repair and good working order and condition, and upon
the expiration of this agreement deliver, yield and give up the
said railway in such substantial repair and good working order
and condition to the L. Company.
17. On and for ever after the opening of the L. Railway or to have use of
any portion thereof for public traffic, and during the continuance the railwav -
in force of this agreement, the M. Company may and will, under
the supervision and direction of the said joint committee, with
1232
RAILWAYS.
L. Company
to afford
facilities.
M. Company
to develop
traffic ;
to take over
obligations as
to through
booking, &c. ;
conveyance of
troops, &c. ;
to employ
officials of L.
Company ;
engines and carriages, use the same respectively for the purpose-
of all traffic thereon, which they from time to time can reason-
ably convey thereon, and as if the railway or the respective
portions thereof were part of the M. Company's railways.
18. On and for ever after the opening of the L. Railway or any
portion thereof for public traffic, the L. Company will, during the
continuance in force of this agreement, from time to, time, under
the supervision and direction of the said joint committee to the-
reasonable satisfaction of the engineer of the M. Company, afford
to the M. Company all such accommodation and facilities as-
shall be proper and sufficient for the safe and convenient use by
them of the same respectively, and the reception, accommodation,,
conveyance and delivery of all traffic thereon.
19. On and for ever after the opening of the L. Railway or
any portion thereof for public traffic, the M. Company will r
during the continuance in force of this agreement, under the
supervision and direction of the said joint committee, work and
manage the same respectively, as part of the M. system of rail-
ways, and convey traffic thereon in a proper, safe, and convenient
manner, and so as fully to develop the traffic of the district to be
served by the railway, and from time to time will, under such
joint supervision and direction as aforesaid, run proper and suffi-
cient trains thereon, in a convenient connection with trains on
the several lines of railway with which the L. Company has
junctions.
20. With respect to the obligations under the recited Act of
the L. Company to the Railway Company, as regards book-
ing through, and receiving, conveying, and forwarding traffic,
the M. Company will from time to time after the opening of the
L. Railway or any portion thereof for public traffic, act as the-
agents of the L. Company, and duly perform their duties in that
behalf.
21. With respect to the conveyance of troops, police, or mails,
or other traffic (if any), which the L. Company are from time to
time specially called on to convey on the L. Railway or any part
thereof, the M. Company will from time to time act as the agents
of the L. Company in conveying the same, and duly perform the
duties of the L. Company in that behalf.
22. On and for ever after the opening of the L. Railway or
any portion thereof for public traffic, the M. Company will, under
WORKING AGREEMENT. 1233-
the supervision and direction of the said joint committee, and
during the continuance of this agreement, provide and employ
for the same respectively, all the superintendents, station masters,
booking clerks, porters, engine drivers, guards, watchmen, work-
men, and servants, and all other officers of the L. Company, except
their secretary.
23. On and for ever after the opening of the L. Railway or to provide
any portion thereof for public traffic, the M. Company will, under
the supervision and direction of the said joint committee, and
during the continuance of this agreement, provide in respect of
the same, all such locomotive power, engines, carriages, trucks,
and other rolling stock, plans, stores, materials, and labour as
shall be proper and sufficient for the working and use of the rail-
way, or the respective portions thereof by the M. Company, and
the reception, accommodation, conveyance, and delivery by them
of traffic thereon.
24. The L. Company shall not at any time be bound to employ
or provide any person or thing to be provided or employed in
accordance with Articles 22 and 23 respectively by the M.
Company.
25. On and for ever after the opening of the L. Railway or to exercise all
any portion thereof for public traffic, and during the continuance j^M 8 '
in force of this agreement', the M. Company shall exercise and Company;
enjoy at their own expense and risk, and for their own benefit, for
the purposes of the w r orking, management, maintenance, and
repair by them of the railway, or the respective portions thereof,
all the rights, powers and privileges whatsoever in that behalf by
the L. Company, and as fully and as effectually as if the railway
or the respective portions thereof were part of the M. Railway.
26. The M. Company will, in the exercise of their rights, to observe
powers, and privileges under this agreement, in all respects duly statutory
* provisions,
perform and observe, under the supervision and direction of the and indemnify
said joint committee, the several provisions with respect to the ^' O m ( a pany
working, management, maintenance, and repair of the L. Rail- liabilities and:
w r ay and every part thereof, and to the traffic thereon, contained
in the Act or Acts from time to time in force with respect to the
same, and will at all times fully and freely indemnify and save
harmless the L. Company from and against all obligations and
liabilities in that behalf, and all penalties, forfeitures, losses,
damages, costs, charges, and expenses, claims and demands, what-
RAILWAYS.
<to pay taxes,
rates, &c. ;
to satisfy
liabilities, &c.
Expenditure
by M.
Company
chargeable
against
capital to be a
debt from the
Li. Company.
Interest
KG debenture
debt to be a
jfirst charge on
,grofl6 receipts.
soever in any way occasioned or incurred by or by reason of any
act or default of the M. Company, or any of their directors,
agents, officers, or servants in relation thereto.
27. On and for ever after the opening of the L. Railway, or
any portion thereof, for public traffic, the M. Company will bear
and pay all taxes, rates, assessments, salaries, wages and other
outgoings in respect of the railway, or the respective portions
thereof properly chargeable against revenue, except only land
tax and rent charges payable to landowners as compensation for
their lands and property, or income tax chargeable against the L.
Company, and the remuneration of the directors and auditors
of the L. Companjy, and the salary of their secretary, and their
office expenses, which excepted liabilities shall be paid by the
L. Company out of their revenue.
28. On and for ever after the opening of the L. Railway, or
any portion thereof, for public traffic, and during the continuance
in force of this agreement, the M. Company from time to, time
will, under the inspection and direction of the said joint com-
mittee, make and satisfy all expenditure and liabilities with
respect to the same respectively, whether chargeable against
capital or against revenue, except the expenditure and liabilities
properly chargeable against capital which can or may from time
to time be made or satisfied by the L. Company, and except
also the liabilities which', in accordance with Article 27, are to
be paid by them out of their revenue.
29. If and whenever during the continuance of this agreement
the M. Company make or satisfy any expenditure or liability of
the L. Company properly chargeable against capital, the amount
paid or applied by the M. Company in that behalf shall be a
debt due to them from the L. Company, and shall bear interest
at the rate of per cent, per annum from the time of the
payment or application of the same by the M. Company to the
time of the repayment thereof by the L. Company.
30. The interest from time to time payable on the L. deben-
ture debt shall, in accordance with the respective extent and
priorities of the mortgages from time to time securing the same,
be the first charge on the gross tolls, fares, rates and charges in
respect of the L. Railway, or any portion thereof, and the traffic
thereon. Provided that, as between the two companies, but not
so as to affect any of the L. Company's debenture creditors, the
WORKING AGREEMENT. 1236
L. Company will apply the moneys from time to time belonging
"to them as hereinafter expressed, in the first place in payment of
the interest on the L. debenture debt, and will indemnify the
M. Company against all liability in respect thereof beyond the
.amount of those moneys.
31. On and for ever after the opening of the L. Railway, or Tolls to
any portion thereof, for public traffic, and during the continuance ef ^^
in force of this agreement, t'he tolls, fares, rateg and charges in committee,
respect of the same respectively, and the traffic thereon, shall,
Bunder the supervision and direction of the said joint committee,
be fixed, collected, recovered and received by the M. Company:
Provided that, except in special cases in which the general
^manager of the M. Company, with the consent of the joint com-
mittee, shall think it requisite to fix or quote any other tolls, fares,
rates or charges, in order to meet any emergency or to. secure any
particular traffic which otherwise might not be carried on the
railway, the tolls, rates, fares and charges to be so fixed shall, for
every sort of traffic, be the same, or as nearly as circumstances will
reasonably permit, as for light traffic on the M. Company.
32. All traffic to or from L. and stations and junctions on the Traffic to be
L. Railway, or any extension thereof, to and from places on the ! ) 1 ooked 1 ,
J <> r through over
-M. Railway, or to which the M. Company carry, to which the L. L. line, &c.
Railway forms the shortest or part of the shortest route, shall, un-
less otherwise specially directed by the consignor or the consignee
or any other company, be carried by the M. Company over the
L. Railway, or accounted for to the L. Company as if so carried,
and in order to facilitate the transmission of traffic over and,
.along the L. Railway in connection with the M. Railway, the
:said M. Company shall and will through book and invoice and
give other facilities for the traffic from and to the places aforesaid,
forming such shortest route or a part of such shortest route from
or to the said L. Railway.
33. The gross amount of all the tolls, fares, rates, and charges Application of
from time to time payable to the L. Company and the M. Com- gross recei P te -
pany respectively, in respect of the railway or the respective
portions thereof, and the traffic thereon, shall be divided between
.and belong to the two companies in the following proportions
*(that is to say),
First. The M. Company shall retain 52|- per cent, thereof,
which shall belong to them, and shall cover all their
1236
RAILWAYS.
Application of
the percentage
of the L.
Company.
Rebate to be
allowed
in event of
deficiency in
L. percentage.
What is to be
included in
gross receipts.
As to rebate.
expenses of and incident to the working, management,,
maintenance, and repair by them of the L. Railway
and every portion thereof, and their other expenditure-
and liabilities under this agreement, except only as i>
otherwise provided by Article 30.
Secondly. The L. Company shall have the remaining 47 per
cent, thereof (hereinafter called the L. percentage),
which 'shall be paid and belong to them.
34. The L. Company shall apply the L. percentage as
follows:
First. In payment of the remuneration of the directors and
auditors, and the salary of the secretary and their office
expenses.
Secondly. In payment of the interest, not exceeding the rate
of per centum per annum, from time to time
payable on the L. debenture debt, and a dividend at
the rate of per centum per annum on the L. paid-
up capital, which interest and dividend are hereinafter
referred to as the guaranteed amount.
Thirdly. The -surplus, if any, shall be applied as expressed
in Article 40.
35. If 'and whenever during the continuance of this agree-
ment the L. percentage proves insufficient to pay the guaranteed
amount, then, and in order to make up the deficiency, the M.
Company will allow to the L. Company, as a rebate, 40 per
cent, of the gross amount of all the tolls, fares, rates, and charges-
from time to time receivable by the M. Company in respect
of the several railways of which they from time to time are the
owners or lessees, for all traffic arising or terminating on the L.
Railway, or arising or terminating at the L. Station of the S.
and N. Railway, and passing on those several railways or any
part thereof.
36. The 'gross amount referred to in Articles 33 and 34 respec-
tively shall include a due mileage proportion of all through fares,
rates, and charges, including all terminals, but less all paid ones-
and paid outs for terminal services not performed by the M.
Company, but not exceeding respectively the amounts of the ter-
minal charges.
37. Provided that there shall be actually paid to the L. Com-
pany such part only of the rebate as is from time to time requisite-
WORKING AGREEMENT. 1237
for making up the deficiency of the guaranteed amount, and if
and whenever the whole of the rebate is not required for that
purpose then so much thereof as is not so required shall belong
to the M. Company.
38. The payment of such rebate as aforesaid shall not be made
so as to prejudice or affect any rents now payable by the M.
Company or any section thereof, or any rights of any of the
holders of mortgage bonds or debenture stocks created or here-
after to be created by the M. Company, nor shall it be made
so as to prejudice or affect the rights or priorities of any of the
holders of any guarantee or preferential stock or shares of that
company, or of any section thereof, heretofore created or autho-
rised to be created.
39. If and whenever during the continuance of this agreement
any part of the rebate is applied for, making up the deficiency
of the guaranteed amount, then the amount so applied shall be a
debt due from the L. Company to the M. Company, but shall not
bear interest, and shall be paid only as provided for by Article 40.
40. If and whenever during the continuance of this agreement Application of
the L. percentage is more than sufficient to make the payments, anj^ofL
firstly and secondly expressed in Article 34, then the surplus of percentage,
the L. percentage shall be applied as follows:
First. In payment to the M. Company of the amount, if any.
then due to them, from the L. Company, as expressed
in Article 39.
Secondly. In payment to the M. Company of the debt and
interest, if any, then due to them from the L. Company,
as expressed in Article 29, and the excess shall belong
to the L. Company.
41. The several payments to be made to the L. Compairy, for Time for
the purposes firstly and secondly expressed in Article 34, shall salaried and
bo made at such times as to secure the payment of the remunera- dividends,
tion, salary and dividend respectively half-yearly, on the 30th
day of June and on the 31st day of December in every year, or
within two months after those days respectively, and the paj-meni
of the office expenses and interest respectively, when and as tin*
same respectively become payable.
42. Each of the two companies will keep all such accounts and Accounts
vouchers as shall be proper and sufficient for the purpose of this ** e pt-
agreement, which accounts and vouchers shall be open at all reason-
1238
RAILWAYS.
Apportion-
ment of
through
traffic.
Abstracts of
accounts to be
exchanged,
and verified,
&c.
Notices to be
signed by
secretaries of
respective
companies.
M. Company
may apply for
statutory
powers to
take over the
L. Railway.
able times to the inspection and transcription of the directors and
agents of the two companies respectively, and the two companies
respectively will afford to each other all proper and sufficient
facilities for the inspection and transcription thereof.
43. With respect to all through traffic passing to and from the
L. Railway, and any of the several other railways referred to in
Article 35, and whether or not also passing on any other railway,
the accounts of the tolls, fares, rates and charges for the same
shall be so kept as that equal mileage proportion thereof, includ-
ing terminals, shall be attributed to the L. Railway, and to
those several other railways respectively, so as to show clearly
the fairness of the apportionment.
44. Each of the two companies will, within six weeks after
the 30th day of June and the 31st day of December in every
year, transmit to the other company an accurate abstract of such
of the accounts as are from time to time necessary to be shown
for any of the purposes of this agreement.
45. If and whenever during the continuance of this agreement
either of the two companies, within one month after the trans-
mission to them of any abstract of accounts, shall require the other
company to verify the same, such abstract shall be verified accord-
ingly, and shall, if necessary, be made correct, and shall thence-
forth be deemed a settled account. But if one month shall have
been permitted to pass without the verification of the abstract
of accounts having been required, the same shall thereupon be
deemed a settled account, and no account once settled shall be
re-opened.
46. Every notice, request, account or other writing to be given
by either of the two companies to the other of them for any of
the purposes of this agreement, shall be sufficient if it be signed
by the secretary of the company giving it, and be delivered to
the secretary of the other company, or be left for them at their
principal office.
47. The M. Company may, at any time or times within ten
years after the opening of the L. Railway for public traffic, apply
for an Act for vesting in them the undertaking, railway, property,
rights, powers, and privileges of the L. Company, on the terms
of all their debts and liabilities whatsoever being assumed by the
M. Company, to the entire exoneration of the L. Company, and
of an adequately secured perpetual yearly rent, payable to them
WORKING AGREEMENT. 1239
by the M. Company, clear of all deductions, except for property
or income tax, and sufficient to meet the payments first expressed
in Article 34, and to pay a dividend at the rate of five pounds per
centum per annum on the L. paid-up capital; and the L. Com-
pany, at the request and expense of the M. Company, will assent
to and support any or every such application for an Act contain-
ing proper and sufficient provisions for those purposes.
48. If and whenever any difference arises between the L. Com- Arbitration
I
pany, or their assigns, and the M. Company, or their assigns,
touching the time, intent or construction of this agreement, or
touching anything to be done, suffered or omitted in pursuance
of this agreement, or touching any of the incidents or conse-
quences of this agreement, or-touching the carrying into effect of
any of the articles of this agreement, or touching any breach or
non-fulfilment or alleged breach or alleged non-fulfilment of this
agreement, or touching any liability, damages, losses, costs, or
expenses by reason of any such breach or non-fulfilment or
alleged non-fulfilment, or touching any claim or demand relating
to any such liability, damages, losses, costs, or expenses, or other-
wise relating to the premises, every such difference shall be
referred to and determined by arbitration in accordance with the
provisions of the Railway Companies Arbitration Act, 1859, and
this article shall accordingly be and have effect as an agreement
between the two companies for, and a reference to, arbitration
under that Act.
49. If, under any agreement or arrangement already or Provision as
hereafter entered into between the M. Company and amalama-
Railway Company, there is or shall be any amalgamation, tion f M -
or any arrangement resembling an amalgamation, whether with another
complete or partial, of all or any part of the respective rauwa y
J r company.
undertakings of those two companies, the amalgamation and
arrangement shall be subject and without prejudice to the
due fulfilment of this agreement on the part of the M.
Company; and if and so far as shall be requisite for securing
to the L. Company the several benefits intended to be secured to
them by this agreement, the M. Company will procure the
Railway Company to adopt and give effect to this agreement;
and if and so far as the - Railway Company are or shall
be under any such amalgamation or arrangement beneficially inte-
rested under or in respect of this agreement, they shall, to the
1240
RAILWAYS.
Recitals.
Agreement.
Deposit.
Previous
expenses.
Mutual
covenants.
extent of their beneficial interest in that behalf, and for the
purposes of this agreement, be deemed to be " assigns " of the
M. Company.
IN WITNESS, &c.
26. AGREEMENT betiveen a FOREIGN GOVERNMENT and
an ENGLISH COMPANY for the CONSTRUCTION and WORK-
ING of a RAILWAY (/).
THIS INDENTURE, made the - day of -, 19,
BETWEEN the Government of his Majesty the King of - - (and
which Government is hereafter referred to as the Government),
by A. B., the accredited agent of the Government, of the one part,
and the Railway Company (and which railway company is
hereinafter referred to as the company), of the other part,.
WHEREAS the Government, considering that the construction of
railways in will be of great advantage to the public, have
agreed to co-operate with the company in the construction of
a line of railway from to or near to , with a
view to an extension thereof to the , in the manner and upon
the terms and conditions hereinafter mentioned and contained.
AND WHEREAS it was one of the terms of the said agreement that
the company should pay into the treasury of the Government the
sum of sterling at certain times agreed upon; and in pur-
suance and part performance of such stipulation, the company
have already paid into the treasury of the said Government the
sum of , part of the said sum of , as the Government
do hereby admit and acknowledge. AND WHEREAS the sum of
had been expended prior to the - - day of in the
present year by the company, for the purposes of their undertaking
in a manner approved of by the Government. NOW THIS
INDENTURE WITNESSETH, that in pursuance of the afore-
said agreement, and in consideration of the premises, the company
do hereby for themselves and their successors (so far as the cove-
nants and agreements hereinafter contained are to be observed and
performed by them), agree with the Government, and the Govern -
(/) This Precedent is given not as a complete form of contract, but merely
as containing specimens of the various stipulations usual in such cases,
which it is hoped may be of service in directing the attention of draftsmen to
the principal points which must be considered in framing or settling contracts
of this nature.
AGREEMENT FOR CONSTRUCTION, ETC. 1241
nnent does hereby (so far as the covenants and agreements here-
inafter contained are to be observed and performed by the Govern-
ment) agree with the company and their successors in manner
folloAving (that is to say):
1. That it shall be lawful for the Government to determine, Selection
fix upon, and select the route and direction of a line of railway * lme-
-to be constructed as an experimental line of railway, such selected
line of railway to commence at or near , and to take such a
direction to or near to that it may form part of a line of
railway from to , and such selected line of railway, of the
estimated cost of or thereabouts, shall be completed by
the company and opened for the conveyance of passengers and
.goods, with all practicable speed.
2. That the Government shall give notice to the company of Notice of line,
the line so selected as aforesaid, or of any part thereof, as such
part shall from time to time be fixed upon; and it shall be lawful
for the Government from time to time to alter the said route
or direction, or to extend or limit the same as they shall think
.fit, after such notice as aforesaid.
3. That the Government shall, after the selection of the said Land,
experimental line of railway, or any part thereof, and from time
to time as may be necessary, provide the land which shall be
required for the said railway, and the works connected therewith,
.and proper stations, offices, warehouses, and other conveniences
for the same, and shall from time to time give to the company
possession thereof: And that all land of which possession shall
be so given to the company, which shall not be permanently
required for the purposes of the company, shall, so soon as prac-
ticable, be restored to the Government.
4. That the company shall, on rcceiAdng possession of the same Works,
land, or any part thereof, forthwith, and subject to the super-
vision and control hereinafter prescribed, commence and proceed
with diligence in the construction of the said experimental line of
railway, and of all such stations, offices, warehouses, fixed machi-
nery, and other works and conveniences, as in the opinion of the
Government (such opinion to be certified in writing) shall be
necessary or expedient, as well with reference to the original con-
struction of the said railway and the working thereof, as with
reference to the permanent maintenance thereof, and its protec-
tion from injury or destruction by inundations, tempests, or other
1242
RAILWAYS.
Opening.
Money
capital.
causes whatever; and such railway shall be made at such gradients.,
and shall be furnished with rails of such weight and strength, and
laid down and secured in such manner, and to consist either of a
single or a double line of railway, as the Government shall in writ-
ing direct; and shall, if required by the Government, and at such
time as they shall in writing require, be provided with an electric-
telegraph, constructed along all or any part of the said railway,
and upon such principle, and to be under such regulations as to-
its use, and the terms of its use, as the Government shall in
writing direct or approve of; and the company shall from time
to time attend to, execute, and perform all such directions in
writing as may from time to time be given by the Government
for any deviations from, or alterations in, any directions or requi-
sitions previously made or given with respect to the premises;
and the company shall, so soon as the said railway shall be com-
pleted for such a distance as in the opinion of the Government
shall be desirable, open the same for the conveyance of passengers-
and goods.
5. That it shall be lawful for the Government, from time to-
time, by notice in writing to the company, to require any specified
part or parts of the said experimental line of railway to be com-
pleted as aforesaid, and to be opened for the conveyance of pas-
sengers and goods before the remaining part thereof shall be
constructed.
6. That the company shall pay into the treasury of the Govern-
ment the sum of sterling (making together with the said
sum of - so paid by them as aforesaid, and the said sum of
, which has been already expended as hereinbefore is men-
tioned, the sum of sterling), by the instalments and at
the times following (that is to say), a sum of not less than
within four calendar months from the date of these presents,
and thenceforth at the rate of not less than per annum,
in such sums, and payable at such periods of the year as shall be-
assented to by the Government until the whole of the said sum
of shall have been paid up, which amounts may be paid
in sums of - each into the treasury of the Government at
: Provided that if the company shall receive any portions,
of their subscribed capital in England, it shall be lawful for them
to pay the amount so received in sums of not less than - to-
the ambassador for the time being of his Majesty the King of
AGREEMENT FOR CONSTRUCTION, ETC. 1243
, in London, in or towards satisfaction of the instalments
aforesaid, and the acknowledgment of such ambassador shall, when
produced to the Government in - , be considered and taken in
part satisfaction of the said sum of - so to be paid as afore-
said at the then current rate of exchange: Provided that such
payments in London shall never exceed the amounts which may
from time to time be determined upon by the Government.
7. That as often as and when any money shall be required by Drafts on
the company for any purposes sanctioned by the Government, and ^P 1 ** 1 -
in reference to the particular sums from time to time required,
only so far as such purposes shall have been performed to the
satisfaction of the Government, or when any money shall be
required for the performance of works sanctioned by the Govern-
ment, while the same shall be in course of execution, the same may
be drawn in such sums as shall from time to time be necepsary
by the company in - - or at - - from the treasury of the
Government, according to such equitable arrangements as shall
be made from time to time with the company for that purpose,
but ten days' notice of every such draft or proposed draft shall be
given at the said treasury, and all sums of money which shall be so
drawn at shall be set off at the exchange of - - per 100
against the sum of - or so much thereof as shall have been
paid into the treasury of the Government as aforesaid, and the
company shall not in any case be entitled to draw upon the
treasury in - - or at - to an extent greater than the balance
in their favour for the time being.
8. That when and so soon as the said line of railway, or any Plant, fares,
part thereof which shall have been required by the Government to a
be completed before the construction of the other part, shall be
completed and ready to be opened for the use of the public, and so
from time to time as any such part thereof shall be so completed
and ready to be opened, the company shall and will, subject to
the supervision and control hereinafter mentioned, provide to the
satisfaction of the Government a good and sufficient stock of
engines, carriages and other plant and machinery for working
the said railway, or so much thereof as shall have been com-
pleted as aforesaid, and carrying on the business and traffic of
the same, and the company shall and will forthwith commence and
carry on the business of common carriers of goods and passengers
upon the said railway, and for that purpose cause to be run on the
B . VOL . ii . 25
1244
RAILWAYS.
said railway so many trains at such times, and at such rates of
speed, and between such places, and with such conveniences and
accommodations as the Government shall from time to time
require, and the company shall and will allow the use of the
said railway to the public on such terms as shall be approved by
the Government, and the company shall be authorised and
empowered to charge such fares for the carriage of passengers and
goods and such tolls for the use of the said railway as shall have
been approved by the Government, and shall not in any case charge
any higher or different fares or tolls whatsoever without such
approval being first obtained, but such fares and tolls shall, when
such receipts as are hereinafter mentioned shall in any year have
exceeded 10 per cent, upon the outlay, be reduced in accordance
with any requisition of the Government in that behalf, but only
with a view to limiting the said fares and tolls, so far that the
net receipts shall not exceed 10 per cent, as aforesaid.
Title to land. 9. That upon the completion of the whole of the said line of
railway, the Government shall and will grant to the company a
lease of, or otherwise secure to them, a right and title to the
land which shall have been provided under the provision herein-
before contained, or of so much thereof as shall be required for the
completed line, and for the works and conveniences thereto belong-
ing, for a term of ninety-nine years commencing from the day of
the date of these presents under the provisions herein contained:
And the Government shall guarantee to the company the quiet
and undisturbed possession of such land, but shall not be called
upon to show any title thereto.
Supervision. 10. That the company and their officers, servants, and agents,
as also their accounts and affairs, shall in 'all things be subject
to the superintendence and control of the Government as well
in as elsewhere, and in particular that no bye-laws, contracts,
orders, directions, proceedings, works or undertakings, acts,
matters or things whatsoever, shall be made, done, entered into,
commenced or prosecuted, by or on the part of the company, unless
previously sanctioned in writing by the Government, or in some
other manner to be prescribed by them, and that no money shall
be raised by the company by any other means than by calls upon
the shares in the same company, without the sanction of the
Government in writing, and no extension of the number of shares
in the company, or in the amount of its capital, shall be made,
AGREEMENT FOR CONSTRUCTION, ETC.
unless sanctioned in like manner, and that it shall be lawful for
the Government from time to time to give to the company, their
officers, servants and agents all such orders and directions as the
Government shall from time to time think fit with reference to
the railway and works to which this present contract relates, and
with reference to the manner and times of executing the same,
and with reference to any contracts, orders and directions to be
entered into, made or given with regard thereto, and otherwise with
reference to the same, all which contracts, orders and directions,
shall be executed and followed by the company to the satisfac-
tion of the Government, the costs and expenses of the same
which shall have been allowed and sanctioned by the Govern-
ment being paid out of the said sum of - sterling; and
that for better enabling the Government to exercise the control
and direction intended to be hereby secured, the company shall
record and keep in proper books for that purpose full and par-
ticular accounts and transactions and proceedings, including full
and true minutes of all their meetings, meetings of directors,
and communications with so as at all times to exhibit thereby
fully and truly the state of their affairs and proceedings; and
that the Government, and any person or persons appointed by
them in that behalf, shall have, at all reasonable times, free access
to all the books, accounts and documents of the said railway (except
communications between the company and their legal adviser),
and power to make copies of and extracts from the same, whether
such books, accounts, papers and documents relate to the rail-
way and works aforesaid, or to any other matters or things what-
soever, in which the company shall or may be interested; and
for the purposes aforesaid it shall also be lawful for the Govern-
ment from time to time to appoint any one person, not being a
shareholder in the company, to be an ex officio director of the
company, which director, if and when appointed, shall rank as
and be one of the board of directors of the said company, and be
entitled in all things to act as such, and to exercise his discretion
.and right of veto in all proceedings whatsoever at boards of the
directors, except proceedings for the purpose of communicating
with the legal advisers of the company, and shall not be removable
unless by order of the Government, and shall, in case the whole
number of directors shall at the time of his appointment be com-
plete, be in the place of the director who shall retire from the
25 (2)
1246
RAILWAYS.
Sanotion of
expenditure.
Capital
account.
direction according to the decision of the board, such decision
being taken by ballot; but official directors shall not be entitled
to any salary from the company. Provided always, that nothing
hereinbefore contained shall authorise the Government to appoint
any officers or servants of the said railway, except such official
director as aforesaid.
11. That all the expenses of the company shall from time to-
time be stated and submitted to the Government for their sanction
and approval, and as between the company and the Government
shall be allowed so far only as the same shall from time to time
have been sanctioned and approved by the Government: Pro-
vided always, that the last-mentioned stipulation shall not inter-
fere with any such subsidiary agreement or agreements, if any,,
as from time to time may be made between the company and the
Government, for the performance of any part or parts of the
said railway and works, at any sum or sums of money to 'be
specified in such subsidiary agreement or agreements, in which
case the expenses in respect of the same shall be allowed an : d
taken at the sum or sums which shall bo so agreed on.
12. That a capital account relating to the construction of the
said experimental line of railway, and the works, conveniences
and telegraphs thereto belonging, and relating to the original cost
of engines, carriages and other plant and machinery, shall be kept
by the company, to which account all moneys paid by the company,
the expenditure of which shall have received the sanction and
approval of the Government, shall from time to time be carried;
and when and so soon as the said railway and works shall have
been completed and furnished with the necessary rolling-stock and
plant, the said capital account shall bo made up, and a statement
shall be furnished to the Government of the aggregate amount
of capital which, according to such account, shall have been ex-
pended, and such amount shall, by examination of such account, be
ascertained and certified by the Government; and thenceforth,
and from the opening of the said line of railway, the cost of main-
taining it, with its machinery and stock, in good working
condition, shall be payable by the company out of the revenue
of the said railway, including any interest to be received from the
Government as hereinafter is mentioned. But upon any additions,
alterations and improvements, such as shall properly be charge-
able to the capital account, being thereafter made with the sanction
and approval of the Government, of or in the said railway, or the
AGREEMENT FOR CONSTRUCTION, ETC. 1247
works, conveniences or telegraphs thereto belonging, or the engines,
carriages and other plant and machinery, the cost necessarily in-
curred in executing such additions, alterations or improvements
shall be added to the said capital account, and the said capital
account shall from time to time be made up and started afresh, as
occasion shall require, and be ascertained and certified accordingly.
13. That at all times during the said term of ninety-nine Repairs.
years the company shall keep the said railway, or so much thereof
as shall be completed 1 , and the works and conveniences belonging
thereto, and the telegraphs on the said railway (if any) in a state
of good repair, and in good working condition, to the satisfaction
of the Government; and shall keep the same fully provided with
rolling-stock and plant adequate to the service thereof, to the
satisfaction of the Government.
14. That the company shall, in such forms and under such Revenue
heads or divisions as shall be prescribed by the Government, keep a '
accounts of all receipts and payments whatever in respect of their
undertaking and business, except such receipts and payments as
shall properly belong to the capital account hereinbefore agreed
to be kept; and such accounts shall be called "The Revenue
Accounts of the Company," and shall be made up half-yearly to
the day of - , and the day of - in every year, or to
such other day in the year as the company shall appoint, and shall
be regularly transmitted to the Government, who shall be at liberty
at all times, in auditing the said accounts, to make any correc-
tions therein which may be necessary.
15. That all moneys whatever (except the money covenanted Deposit
by this agreement to be otherwise paid) received by or on account anoTdrafts
of the company in , shall, without any deduction under any thereon.
pretence whatever, be paid to the Government at such times
and in such manner as they may direct, to an account to be kept
separately, and to be called "the revenue account" of the com-
pany, and when any money shall be required by the company
for any purposes sanctioned by the Government, and in reference
to the particular sums required only so far as the Government shall
be satisfied that the work has been performed, such money may
be drawn by the company according to such arrangements as
shall from time to time be made with the Government for that
purpose.
16 . That the Government shall from time to time during the Guarantee of
interest.
1248
RAILWAYS.
Excess above
Limitation of
extent of
railway.
Application of
profitF.
said determinable term of ninety-nine years pay to the company
half-yearly on the - - day of - , and the day of in
every year interest at the rate of - per cent, per annum, on
the said sum of sterling, or on such parts thereof as shall for
the time being be paid into the treasury of the Government as-
aforesaid (including the said sum of expended as afore-
said, which shall for all the purposes of these presents be re-,
garded as having been paid into the said treasury on the date
hereof, and drawn out for the purposes of the company), such
interest upon any part of the said sum of being considered,
in the first instance, as running from the day on which the same-
shall have been so paid, or be deemed to have been so paid, into
the treasury of the Government.
17. That if the expenditure of the company in making the
said railway and works, or otherwise in respect of the matters to
be included in the said capital account, shall exceed the said sum
of , the money necessary to meet such excess having been
raised and paid by the company into the treasury of the Govern-
ment, the Government shall from time to time, during the then,
residue of the said determinable term of ninety-nine years, pay.
to the company half-yearly from the days aforesaid interest at
the rate of - per cent, per annum on the same money from
the respective times when they shall have been so paid into the
treasury of the Government as aforesaid.
18. That if after the selection of the said line of railway
the Government, under the power hereinbefore reserved to them
in that behalf, shall, with a view of keeping the expenditure
within , or for any other reason, think fit to limit the extent
of the said line of railway, the provisions herein contained
with reference to the originally intended line of railway shall
apply to the said limited extent of railway in the same manner a
if the same had been originally selected: Provided always, that
in case of any alteration in the selected line of railway, all expendi-
ture which shall have been incurred by the company, and which
shall have been sanctioned and approved by the Government,
shall be considered as properly expended, although the same may,,
in the event, be useless for the purpose of the said railway as
finally adopted.
19. That so soon as the company shall begin to work the said
railway, or any part thereof, the net recipts which shall be realised
AGREEMENT FOR CONSTRUCTION, ETC.
during any half-year, or from the commencement up to the first
of the aforesaid half-yearly days, after deducting therefrom all
sums which shall have been expended in the repair and mainten-
ance of the said railway and works, and the repair and restoration
of the rolling-stock and plant, and the management and conduct
of the company and affairs, and which shall have been sanctioned
by the Government, and also deducting such sum, if any, as with
the consent of the Government, may be appropriated and set
apart for restoring and making good any deterioration of the
railway and works, or stock and plant, and for the current expenses
of working the railway (the money to <be so appropriated and
set apart as a reserve, or any part 'thereof being invested or accumu-
lated or otherwise dealt with till required for application in any
manner the said railway may think fit, subject to the sanction and
approval of the Government), shall be applied in the first place in
or towards discharge of the interest which shall be payable by
the Government under their covenants hereinbefore contained in
respect of the said half-year, so as to exonerate the Government,
so far as the same net receipts will extend, from the payment of
such interest, the money to be so applied being reckoned at the
exchange of , and the residue, if any, of such net receipts shall
be applied in manner following (that is to say) : one moiety thereof
shall be forthwith applied in the payment of such sums of money
as shall at any previous time or times have been paid by the
Government to the company under the covenants hereinbefore
contained by way of interest as aforesaid, together with simple
interest on such sums of money at the "rate of per cent . per
annum, from the times of payment respectively, and such moiety
shall be paid into the treasury of the Government, and shall be
reckoned at the said rate of exchange, and shall be applied in
reduction and discharge of the whole of the interest payable to
the Government on the said sums of money before the same shall
be applied in liquidation of any part of the principal thereof, and
the other moiety of the said surplus net receipts shall be paid to
or applied for the use and benefit of the company; and if at any
time during the said determinable term of ninety-nine years the
whole of the moneys previously paid by the Government as afore-
said, with interest thereon as aforesaid, shall have been repaid and
discharged, then for every half-year during such time, and as
often as the same shall happen, the company shall be entitled for
1249
1250
RAILWAYS.
Mails
and troops.
Ultimate
rights of
property.
their own use and benefit to the entirety of the said surplus net
receipts, or as the case may be so much thereof as shall remain after
such repayment and discharge as last aforesaid shall have boen
made.
20. That the company will, at all times during the said deter-
minablo term, convey on the said railway, the mails and post
bags, and the guards and other servants of the post office in charge
thereof, free of charge, and when on duty, all officers and persons
in the administration of the post office, also free of charge, and
will also convey on the said railway, when they are on duty, the
troops, both horse and foot, as well as artillery, engineers, and
other branches of His Majesty's forces, and all employes of the
Government, and all artisans of, or when on the business of, the
Government, the officers and persons of similar station in life to be
entitled to travel in first class carriages at second class fares,
and the troops and artisans and other persons aforesaid at the
lowest fares, and will also convey on the said railway all general
stores belonging to the Government, and all guns, ammunition,
horses and other animals used for military purposes, and all mili-
tary stores, carriages, waggons, camp equipage and equipments
whatsoever, at the lowest rate for the time being chargeable for
the carriage of such animals, goods and merchandise, the sevrnil
privileges of conveyance and carriage stipulated for being at all
times to be used and enjoyed in preference to and priority over
the public use of the said line of railway for conveyance and
carriage.
21. That at the end of the said term of ninety-nine years,
by effluxion of time, the land to be provided as aforesaid, with
the railway thereon, and all buildings, works, fixed machinery,
telegraphs and conveniences whatsoever, shall revert to and become
the property of the Government, on account of the Government,
free from all debts and charges whatever, save such as shall have
been sanctioned by the Government; and any lands in , which
may then have been held by the company for the purpose of their
business, shall be 'sold, and the clear moneys produced by such
sale shall be paid to the Government on the same account; ;md
the company shall deliver to the Government, as their absolute
property, on the same account, all plans, surveys, sections, books,
printings, writings and documents whatsoever in anywise con-
nected with the undertakings and affairs of the said railway;
AGREEMENT FOR CONSTRUCTION, ETC. 1251
and the said company shall sell to the Government, who shall be
bound to purchase the same, all the engines, carriages, stock,
machinery and plant, which shall then be used in working the
said railway, or otherwise in connection therewith, for such sum
of money as shall be determined by valuation, to be made by
referees or their umpire in case of difference, to be respectively
appointed in the usual manner, and the Government shall pay to
the company the sum of money to be so determined within four
months after such determination, with interest thereon at the
rate of - per cent, per annum, from the expiration of the
said term of ninety-nine years.
22. That after the said lino of railway shall have been finished Surrender,
and in work for three calendar months at least, it shall be lawful
for the company then or at any time thereafter to give notice in
writing of their intention to surrender and relinquish the said
railway and works to the Government on any day to be mentioned
in such notice, so that such notice be served at least six calendar
months before that day both on the Government in , and
also on the secretary of the Government at - , and in case of
such notice being given the company shall at the expiration thereof
surrender and relinquish the said railway and works accordingly,
together with the telegraphs (if any), and shall with all con-
venient speed sell any lands in - , which may then be held by
the company for the purpose of their business, and pay the clear
moneys to be produced by such sale to the Government, and
shall deliver to the Government the engines, carriages, stock,
plant, and machinery belonging to the said railway and works,
and all plans, surveys, books, printings, writings, and documents
whatsoever, connected with the undertaking and affairs of the
company, and the Government shall be bound to accept the
premises to be surrendered and delivered (it being expressly agreed
that the said railway, works, telegraphs, engines, carriages, stock,
plant and machinery, shall at the time of such surrender and
delivery be in good working order) according to the covenant in
that behalf hereinbefore contained on the part of the company;
and immediately upon such surrender and delivery being made,
the Government shall be bound to pay to the company the
capital expended by the company as ascertained and certified
in manner hereinbefore mentioned, together with such part (if
any) of the said sum of as shall remain in the hands of the
RAILWAYS.
Government, and thereupon the aforesaid covenants for payments
shall cease as from the day upon which the Government shall be
bound to accept the said railway and works. Provided that the
Government shall not be liable to refund any sum expended in
the maintenance or working of the line after the same shall have
been opened, which sum is to be provided by the company out of
the revenues of the line and interest as hereinbefore provided or
otherwise.
^' That at any time within six calendar months after the expi-
ration of the first twenty-five years of the said term of ninety-nine
years, or at any time within six calendar months after the expira-
tion of the first fifty years of the said term, it shall be lawful
for the Government to give notice to the said , in , and at
, of their intention to purchase the said railway and works,
together with the telegraphs (if any), and the engines, carriages,
stock, plant, and machinery belonging to the said railway and
works, but subject to such debts and liabilities, if any, as may
have been incurred to the Government (exclusive of any arrears
of interest on the capital of the company which shall have been
paid under the conditions of this agreement, and which shall then
be still due), to any person and persons, with the sanction of the
Government, and to interest on such of the said debts as carry
interest from the day on which they shall take possession of the
said railway, but not from any earlier time, and thereupon at
the half-yearly day next but one following such notice, the land
to be provided as aforesaid, with the railway thereon, and all
buildings, works, fixed machinery, telegraphs, and conveniences
whatsoever, shall revert to and become the property of the Govern-
ment, as the owners thereof by purchase, on account of the Govern-
ment of - ; and in case any lands in shall then be held by
the company for the purpose of their business, the same shall be
sold, and the clear moneys to be produced by such sale shall be
paid to the Government; and the company shall at the same time
deliver to the Government the engines, carriages, stock, plant,
and machinery belonging to the said railway and works,
and all plans, surveys, sections, books, printings, writings,
and documents whatsoever in anywise connected with the
undertaking and affairs of the company; and the Govern-
ment shall be bound to pay in , on the said half-yearly day,
for the purchase of all the said premises, the full amount of the
AGREEMENT FOR CONSTRUCTION, ETC. 1253
value of all the shares or capital stock in the company, calculated
according to the mean market value in of such shares or stock
during the three years immediately preceding the expiration of the
said period of twenty-five years, or the said period of fifty years,
as the case may be ; and shall also be bound to indemnify the com-
pany against all such debts and liabilities (if any) as they may
have incurred to or with the sanction of the Government, and as
shall be then subsisting; and thereupon the aforesaid covenant for
payment of interest shall cease.
24. That if default shall be made by the company in the pay- possessions*
ment of the said sum of , or any of the instalments thereof, a remedy.
or in the due application of any money drawn from the treasury
in , or as aforesaid, or in the execution of the said
railway and works conformably with their aforesaid covenant in
that behalf, or in case the said railway shall not be worked to
the satisfaction of the Government, or in case of any other breach
on the part of the company of any of the covenants herein con-
tained, it shall be lawful for the Government, on giving to the
said railway company at - - three calendar months' notice of
their intention in that behalf, to terminate the interest of the com-
pany in the said land, railway, telegraphs, and works, and
all or any of the engines, carriages, stock, plant, and machinery
provided for the same, and all plans, surveys, sections, books,
printings, writings, and documents whatsoever, in anywise con-
nected with the undertaking and affairs of the company; and in
that case any lands in - - which may then be held by the com-
pany for the purpose of their business, shall, with all convenient
speed, be sold, and the clear moneys to be produced by such sale
shall be paid to the Government; and in case of such notice being
given, the Government shall be liable to repay, within six calendar
months of its expiration, to the company the capital expended by
the company, so ascertained and certified as hereinbefore men-
tioned, after a proper deduction for all debts and liabilities then
affecting the company or the property of the company, the money
so to be repaid to include so much (if any) of the said sum of
as shall then remain in the hands of the Government. And
thereupon the aforesaid covenants of the Government for pay-
ment of interest shall cease, and all claims by the Government
on the said railway shall also cease.
25. That if default shall be made by the company, after the Repairs by
the company.
RAILWAYS.
railway shall have been opened, in their covenant to keep the said
railway and works in repair and condition for the space of one
calendar month next after notice in writing in that behalf from
the Government to the company at , it shall be lawful for the
Government by their agents to enter on the railway and works,
and do and execute all such works as may be required in fulfilling
the said covenant, and to charge the expenses of the same against
the company, by setting off the amount of such expenses against
any moneys then payable, or which shall thereafter become pay-
able by the Government for interest in manner hereinbefore men-
tioned, which interest shall in such case to that extent be con-
sidered as paid and satisfied by such set-off or retainer; and shall
for all the purposes of these presents be regarded and considered
as interest actually paid by the Government to the said railway
in pursuance of their aforesaid covenant in that behalf. And if
such expense shall not be satisfied by such set-off and retainer as
aforesaid, then the Government may set off and deduct the same
against and from all or any part of any other moneys which shall
on any account whatever be or become payable by the Govern-
ment to the company.
Annuity 26. That in every or any case in which, under the provisions
of these presents, the Government shall become bound to repay
the capital expended by the company as aforesaid, or in which the
Government shall become liable to pay for the purchase of the
said railway, works, and stock, before the expiration of the said
term of ninety-nine years, it shall be lawful for the Government,
instead of paying a gross sum of money in respect of the
premises, to declare by notice to the company in - - their option
to pay an annuity, to be reckoned from the time when the gross
amount would be payable, and to continue during the residue of
the said term of ninety-nine years; and in that case such annuity
shall be payable in London on such two half-yearly days in the
year as shall be selected by the Government in that behalf, with a
fractional part for any broken half -year, the rate of interest whicli
shall be used in calculating such annuity being determined by
the average rate of interest during the preceding two years received
in upon public obligations of the Government, which
shall be ascertained by reference to the governor or deput \ -
governor of the bank of - - for the time being. Provided
always, that the aforesaid option shall not apply to the undrawn
AGREEMENT FOR CONSTRUCTION, ETC. 1255
portion of the aforesaid sum of , which portion is to be
repaid to the company with interest, under the provisions in that
behalf hereinbefore contained, in case the company shall relinquish
or be deprived of the said railway and works as aforesaid.
27. That if, after the said railway and works, including the Return of
telegraphs, if required, shall have been completed and furnished 8ur P lu!5 -
with adequate working stock, the whole of the said sum of
shall not have been required for the purpose of the said capital
account, the surplus thereof shall to the extent to which the same
shall have been received by the Government be refunded by the
Government to the company in with such interest as shall
be duo on such sum at the time; and thereupon the aforesaid
covenants for payment of interest shall apply only to the amount
of the said capital account, and such last-mentioned amount shall
for all the purposes of these presents be considered as substituted
in lieu of the said sum of .
28. That any notice, direction, approval, or sanction to be given Notices, &c.
or signified on the part of the Government for any of the pur-
poses of these presents, shall be sufficient and binding, if signed
by the minister for public works of his Majesty the King of
, or by the secretary of such minister, or by any other officer
or servant of the Government authorised to act on behalf of the
Government in respect of the matters to which the same shall
relate; and that the Government shall not in any case be bound
in respect of the matters aforesaid, unless by some writing signed
in the manner before mentioned.
29. That the company shall forthwith cause to be established Railway office
in an office of the company, and keep the same at all times and agent in
hereafter during the said term established at , and the com- country.
pany shall keep at the said office an authorised agent or agents,
with whom the Government may communicate on affairs con-
cerning the said railway, and all drafts drawn by the said agent
or agents, and all receipts of and acts done by such agent or agents
on behalf of the company, or concerning the said railway, works,
and stocks, shall be binding on the company, and every notice
to be given to the company shall be sufficiently given if left at
the said office, or personally served on such agent or agents.
30. That the Government shall promote the passing, by the Legislation.
Legislature of - , of all statutes, orders, and other measures
which shall be necessary or convenient for enabling the company
RATING.
to fulfil iii - - the objects of their undertakings, according to
the terms and provisions of these presents.
ns * 01 31. That in case the Government and the company shall here-
after deem it expedient that the said line of railway shall be
extended to - , and the company shall increase their capital to
sterling, as hereinbefore mentioned, the additional capital
to be raised shall be paid into the treasury of the Government,,
at such times and in such sums as shall be mutually arranged
between the Government and the company, and all and singular
the provisions of these presents, with reference to the said capital
of , and the said line of railway to or near to - , shall
in all respects he held to apply, mutatis mutandis, to such in-
creased capital of - sterling, and such extended line from
- to , and the capital account of the company shall he
dealt with accordingly, and in all other respects the said increased
capital and extended line shall be held to be within the covenants
hereby entered into, according to the true intent and meaning
of these presents.
IN WITNESS, &c.
RATING.
I. OUTSIDE THE METKOPOLIS.
1. FORM OF NOTICE of OBJECTION to a VALUATION or
SUPPLEMENTAL VALUATION LIST before the ASSESSMENT
COMMITTEE by OVERSEERS, by PARISH COUNCIL or
MEETING, or by REPRESENTATIVE BODY (a).
To the Assessment Committee of the - - Union, in the county
of , and to; the churchwardens and overseers of the poor of
(a) Who may object. "Any overseer or overseers of any parish in any
Union who shall have reason to think that such parish is aggrieved by the
valuation list of any parish within such Union." (U. A. C. Act, 1862, s. 18.)
Latest time for giving notice. At any time after the deposit of the list, and
before the expiration of twenty-eight days after notice of deposit (U. A. C.
Act, 1862, s. 18), as sect. 1 of the U. A. C. Am. Act, 1864, does not apply.
OUTSIDE THE METROPOLIS. 1267
the parish of - , in the said Union, and to - (6), of ,
in the said parish.
I, , of - , being overseer [or, we being overseers] of the
parish of - , in the said Union, having reason to think that ray
[or, our] said parish is aggrieved by the valuation [or, supple-
mental valuation] list thereof (c) [or, of the said parish of - ],
do hereby give you notice of objection thereto on the following
grounds:
1. That the rateable hereditaments of the said parish of -
[other than that of the objector] are valued at less than
the annual rateable value thereof.
2. That the rateable hereditaments of the said parish of
[objector's own parish] are valued beyond the annual
rateable value thereof.
3. That the gross estimated rental [or, rateable value] of the
hereditament numbered in the valuation list for
the said parish of - - [the parish other than that of
the objector] is assessed at too low a sum.
4. That the gross estimated rental [or, rateable value] of the
hereditament numbered in the valuation list for
the said parish of [objector's own parish] is valued
at too great a sum.
INVALIDITY OF LIST. OMISSION.
5. [Any of ground 12 and grounds 17 to 42 inclusive in Form 2
applicable.]
6. That no notice of a meeting to hear objections to the said
list was sent to us by you, the said Assessment Com-
mittee, although such a meeting [or, meetings] was held.
Dated the day of , 19 .
Signed by and on behalf of the
above-named (d).
(/>) Under sect. 19 of the U. A. C. Act. 1862, the Assessment Committee,
on thehf aring of objections to the list, may direct further notice of objection
to be given by the overseers (or their representatives).
(c) U. A. C. Act, 18H2, s. 18, and R. v. IV. Riding JJ., 1 Man. & Ey. 547,
where it was held that the notice of appeal must state that the party giving
it was " aggrieved " in the words of the statute giving the appeal.
(d) Appellant may, of course, sign for himself (S. J. Act, 1879, s. 31 (7)).
As any agent, although neither counsel nor solicitor, may appear before the
1258 RATING.
2. FORM OF NOTICE of OBJECTION (e) before ASSESS-
MENT COMMITTEE to a VALUATION, or SUPPLEMENTAL
VALUATION LIST not intended to be followed by
APPEAL (/).
To the Assessment Committee of the Union, in the county
of - , and to the churchwardens (</) and to the overseers of
Assessment Committee in support of the objection (R. v. A. C. of St, Ma/-;/
Abbot's, Kensington, [1891] 1 Q. B. 378), ho may probably sign the notice^
The clei'k, &c. of a parish council, borough council, &c., or the agent of a
company, should sign himself ; if a solicitor does so he should sign,
<: By and on behalf of the above-named - [the clerk, &c.\
and of the said [council, company, &c.~\"
(e) Notice of objection is given (1) with the view of obtaining relief from
the Assessment Committee, but with no intention of appealing from their
decision; (2) with a view to appeal against an adverse decision either to
special or quarter sessions, and as a necessary preliminary thereto, by sect. 1
of the U. A. C. Am. Act, 1864. An appropriate form is given in each of
these cases (Forms 2, 3 and 7) ; but unless the person objecting is quite clear
as to his future course after the decision of the Assessment Committee, he
had better select his " grounds " from Form 7, which contains every possible
objection. He is then free either not to appeal at all or to appeal to either
special or quarter sessions, being confined on appeal to the grounds taken
before the Assessment Committee. A ground of objection or appeal can, of
course, always be abandoned.
(/) Who may give above notice. "Any person who may feel himself
aggrieved by any valuation list on the ground of unfairness or incorrectness in
the valuation of any hereditaments included therein, or on the ground of the
omission of any rateable hereditaments from such list." (U. A. C. Act, 1862,
s. 18.) In terms this would include overseers objecting after re-deposit
to an alteration made by the Committee itself under sect. 20 of the U. A. C.
Act, 1862. This would seem to enable a ratepayer in one parish of a Union
to object to the valuation list of any other parish in the Union on the ground
that a hereditament was under-assessed or omitted, as "aggrieving" hini
because affecting the contribution of his parish to the common fund. It is
submitted that this is impliedly excluded by the fact that the section confers
this power on the overseers.
Time for giving above notice. At any time (sect. 1, U. A. C. Am. Act,
1864). It may be that this notice of objection and that dealt with in sect. 18-
of the U. A. C. Act, 1862 (which formerly regulated notices of objection),
are different documents, the former applying only to notices served as a
preliminary to appeal, and the latter to the notice in question. But as it
(g) See note (g) next page.
NOTICE OF OBJECTION TO A VALUATION.
the poor of the parish of - , in the said Union, and to ,
of , in the said parish.
I, (/&), of - , in the said parish, being a person aggrieved
by the valuation [or, supplemental valuation] list thereof, hereby
give you notice of objection thereto on the following grounds:
AMOUNT.
1. That the valuation in respect of the hereditament numbered
therein is unequal (i), unfair, and incorrect.
2. That in respect of the hereditament numbered therein
I am assessed at too great a sum.
3. That my gross estimated rental is assessed at too great a
sum.
4. That an insufficient sum has been allowed by way of deduc-
tion from my said gross estimated rental.
5. That my rateable value is too high.
would be impossible for anyone objecting that the notice was out of time to
show that it did not belong to the former class, practically an objector can
always take advantage of the provisions of the Act of 1864.
(g) This notice must not be served on churchwardens where the parish
is:
(1) A rural parish. Sect. 5 (2) of the Local Government Act, 1894,
enacts that as from the appointed day (see sect. 84 (4)),
(a) The churchwardens of every rural parish shall cease to be over-
seers, and an additional number of overseers may be appointed
to replace the churchwardens.
(2) Any urban parish as to which the Local Government Board has
made an order under sect. 33 (1) of the Local Government Act, 1894,
that sect. 5 (2) (a), supra, shall apply i.e., that churchwardens shall
cease to act as overseers in such urban parish.
It will therefore be necessary in the case of an urban parish to ascertain
whether an order under sect. 33 (1) has been made.
(A) Where the objector is a company, a person duly authorised by it
must appear. The form will then run:
"I, , of , being duly authorised by the
Company, Ltd. [the name appearing in the valuation list], which
is aggrieved, &c., hereby on their behalf, give you notice, &c."
(i) U. A. C. Act, 1862, s. 18. Inequality is not a matter that can be
inquired into by the Committee; but, being a ground of appeal, must
where an appeal is intended be taken before them.
B. VOL. II. 26
1260
RATING.
6. That in respect of the hereditament numbered - - therein
you the said - - are assessed at too small a sum.
7. That your gross estimated rental is assessed at too small a
sum.
8. That too great a sum has been allowed by way of deduction
from your gross estimated rental.
9. That your rateable value is too low.
10. That the said list has not been amended in pursuance of a
decision of justices assembled in quarter sessions for the
county of - [or, decision of the court of quarter sessions
for the borough of - , in the county of ; or, deci-
sion of justices assembled in special sessions], holden
at - , in the said county [or, borough], on the -
day of - , 19 , whereby my assessment numbered
in the said list was altered from - [gross or
rateable] to [gross or rateable].
11. That the assessment of the property numbered - therein
was made on an erroneous principle (fr).
OMISSION FROM LIST.
12. That a certain rateable hereditament known as - , in
the said parish, is omitted from the said list.
[The following from 13 to 16 inclusive are objections that the
list is not binding on the objector, though otherwise validJ]
13. That our name ought to be struck out of the said list in
that no such notice as is required by law was given to
us of the sum set down in the said list as the rate-
able value of the property purporting to be occupied
by us, although we have no office or place of business
in the said parish (I).
(&) Not likely to arise in practice in view of the statutory directions
for ascertaining value. See observations of Wills, J., in Horton v. Walsall
A. C., [1898] 2 Q. B. at p. 242.
(Z) U. A. C. Am. Act, 1864, s. 5. This is only applicable when the
objector is a railway, telegraph, canal, gas, or water company. It is
doubtful whether this objection will prevail; but see Blackburn, J., in
E. v. Middlesex JJ., L. E. 7 Q. B. at p. 656, decided on sect. 9 of the
Valuation (Metropolis) Act, 1869.
NOTICE OF OBJECTION TO A VALUATION. 1261
14. That, &c. [see obj. 13], in that I, being entitled to inspect
~ obtain copies ^- extracts from the said list, was
not allowed to do so. [See obj. 32, infra.']
15. That, &c. [see obj. 13], in that you, the said Assessment
Committee, considered objections to the said list, of
which notice had not previously been given to me,
although I did not consent thereto. [See obj. 28.]
16. That, &c. [see obj. 13], in that you, the said Assessment
Committee, considered objections to the said list, in
respect of which you had ordered notice of objection
to be served on me, although in fact no such notice
was served on me (m). [See also obj. 29.]
JURISDICTION OF PERSONS MAKING (n).
17. That the said list was made by a person [or, persons] not
duly authorised by law.
18. That the overseers [add and churchwardens if the list pur-
ports to be made by them. Add also or some of them,
where all of them are not attacked], by whom the said
list purports to be made, were not duly appointed
according to law.
19. That you, the said Assessment Committee, at the time
you ordered the said list to be made by the person who,
in pursuance of such order, purports to have made it as
the person so appointed, were not duly constituted an
Assessment Committee [or, were not acting as an
Assessment Committee (o)].
20. That you, the said Assessment Committee, at the time you
ordered the said list to be made by the person who, in
(m) Doubtful objection.
() By sect. 18 of the U. A. C. Act, 1862, the Committee can only deal
(inter alia] with, objections on the ground of " unfairness or incorrectness
in the valuation of any hereditaments." This, of course, does not include
an objection that the list is a nullity, and therefore these objections, are
probably not available. But as the only thing the Committee can deal
with is a valuation list, they are inserted here, as it may be argued that
it is competent to show that the document before them is not one, or is
not binding on the objector.
(o) I.e., the order was not made by the majority, or was made when
less than three were present, &c. See U. A. 0. Act, 1862, s. 9.
26(2)
1262 RATING.
pursuance of such order, purports to have made it as
the person so appointed, had not first given notice to
the guardians ^j- obtained their consent.
FORM.
21. That the said list is not in the form prescribed by law.
NON-OBSERVANCE OF FORMALITIES.
22. That the said list was not duly deposited according to
law.
23. That no due notice of deposit of the said list was given.
24. That the said list was not transmitted to the Assessment
Committee at the proper time.
25. That no notice of a meeting or meetings to hear objec-
tions to the said list was published at the time or in
the manner required by law.
26. That no meeting or meetings to hear objections to the-
said list were held by you, the said Assessment Com-
mittee, although proper notice of objection thereto was
given.
IMPROPER PROCEDURE BY ASSESSMENT COMMITTEE.
27. That in revising the said list, you improperly delegated
your powers therein.
28. That you, the said Assessment Committee, in revising the
said list, considered objections thereto of which notice
had not previously been given, although the consent of
the persons entitled to such notice had not been obtained.
29. That you, the said Assessment Committee, in revising the
said list, dealt with objections thereto in respect of
matters as to which you had previously ordered notice
of objection to be served on certain other persons,
although jn fact such notice was not served.
30. That you, the said Assessment Committee, in revising the
said list, acted on the valuation of a valuer appointed
by you without the consent of the guardians having been,
first obtained .
(p) Doubtful objection.
NOTICE OF OBJECTION TO A VALUATION.
31. That you, the said Assessment Committee, in revising the
said list, acted on a valuation not given in the form or
fulfilling the requirements of sect. 4 of the Union Assess-
ment Committee Amendment Act, 1864.
REFUSAL OF EIGHT OF INSPECTION, &c.
32. That the right of inspecting a ^ obtaining copies ~
extracts from the said list was refused to persons
entitled thereto.
RE-DEPOSIT AND SUBSEQUENT PROCEDURE.
33. That you, the said Assessment Committee, did not duly
approve the said list previous to its re-deposit.
34. That you, the said Assessment Committee, did not duly
re-deposit the said list as revised by you (q).
35. [Ground 23, supra, altering deposit to re-deposit.]
36. [Ground 25, supra, adding when re-deposited after list.]
37. [Ground 26, supra, adding when re-deposited after list.]
38. [Ground 32, supra, adding when re-deposited after list.]
39. That you, the said Assessment Committee, altered the said
list when re-deposited in consequence of entertaining
objections other than those to alterations made before re-
deposit (r) .
40. [Grounds 27, 28, 29, 30, and 31, supra, adding when re-
deposited after list.]
41. That you, the said Assessment Committee, did not duly
approve the said valuation list.
42. That you, the said Assessment Committee, approved the
said valuation list before the proper time (s).
Dated the day of , 19 .
Signed for and on behalf of the
above-named ().
(q) U. A. 0. Act, 1862, s. 21 (E. v. Chorlton Union, L. E. 8 Q. B. 5).
This does not apply when the alteration has been made on an objection
under sect. 1 of the U. A. C. Am. Act, 1864, " at any time " and after the
list has been approved (E. v. Edmonds, L. E. 9 Q. B. 598).
(r) Doubtful objection.
(s) In Eeigate Union v. S. E. E. Co., [1894] 1 Q. B. 411, the list was
(t) See note (d), p. 1257, ante.
1264
RATING.
3. FORM OF NOTICE of OBJECTION before ASSESSMENT
COMMITTEE to VALUATION or SUPPLEMENTARY VALUA-
TION LIST intended as a PRELIMINARY to APPEAL against
a RATE to SPECIAL SESSIONS (w).
To the Assessment Committee of the Union, in the county
of , and to the churchwardens and to the overseers of the
poor of the parish of - , in the said Union, and to , of ,
in the said parish.
approved before the expiration of twenty-eight days after notice of
deposit, the time within which notice of objection can be given, and was
held invalid in consequence.
(u) Time for giving above notice. At any time (IT. A. C. Am. Act,
1864, s. 1, modifying sect. 18 of U. A. C. Act, 1862, which made it any
time after the deposit of the list and before the expiration of twenty-
eight days after the notice of deposit) . The effect of the provision " at
any time " is also to permit notice of objection " at any time," because
the appeal is to the next practicable special sessions after the rate is
made (R. v. Traford, 15 Q. B. 200; R. v. Hammond, 4 N. S. C. 316);
and next " practicable " sessions means those at which an effectual appeal
can be lodged (R. v. Biggleswade Union, 21 L. T. 494), which cannot be
done, unless a notice of objection has been given with failure to obtain
relief from the Assessment Committee (U. A. 0. Am. Act, 1864, s. 1).
Practically, " at any time " means a time not more than a year after the
making of the list, because (1) an appellant can only give the required
notice to the Assessment Committee then in office, all others having ceased
to exist, as the appointment is annual (U. A. C. Act, 1862, s. 2); (2) the
objection must be to the list approved by them (U. A. C. Am. Act, 1864,
s. 1), i.e., during their year of office. And it follows that the only rate
that can be appealed against is one made in conformity with that list, it
being impossible to give a valid notice of objection as regards any other.
In Reigate Union v. S. E. R. Co., [1894] 1 Q. B. 411, the Court adopted
the argument that the provision as to " any time " does not apply to
objections against the assessment of third persons. If so, notice in these
cases must be given before the expiration of twenty-eight days after
notice of deposit (U. A. C. Act, 1862, s. 18). After re-deposit no time
prescribed.
Length of notice. (1) To Assessment Committee. Twenty-one days
previous to the special sessions (U. A. C. Am. Act, 1864, s. 1), one day
being reckoned inclusively and the other exclusively (R. v. W. Riding
JJ., 4 B. & Ad. 685; R. v. Goodenough, 2 A. & E. 463).
(2) To overseers and churchwardens, parish council or meeting, and
third persons. No provisions as to length of notice.
NOTICE OF APPEAL AGAINST A KATE.
I,. , of - , in the said parish, being a person aggrieved
by the valuation [or, supplemental valuation] list thereof, hereby
give you notice of objection thereto on the following grounds:
AMOUNT.
1. [Grounds I to 11 inclusive in Form 2.]
VALIDITY OF LIST.
2. [Grounds 17 to 42 inclusive in Form 2.]
Dated the - - day of , 19.
Signed for and on behalf of the
above-named .
4. FOKM OF NOTICE of APPEAL against a BATE to
SPECIAL SESSIONS (x}.
To the Assessment Committee of the - - Union, in the county
of , and to the churchwardens (/) and to the overseers of the
poor of the parish of - , in the said Union [or, to - , of
(2)], and to - , of - , in the said parish.
I, - , of - , in the said parish, being a person aggrieved
(x) Time for giving notice. Before the next practicable sessions
(R. v. Traford, 15 Q. B. 200; R. v. Hammond, 4 New Sess. Ca. 316).
Length of notice. To Assessment Committee. Twenty-one days " pre-
vious to the special sessions" (U. A. C. Am. Act, 1864, s. 1), one being
reckoned inclusively, the other exclusively (R. v. W. Riding JJ ., 4 B.
& Ad. 685). See Denaby Overseers v. Denaby Collieries, [1909] A. 0.
247.
To the overseers, parish council, parish meeting, collector or person by
whom the rate was made. " Seven days at least " before the day appointed
for such special sessions (Par. Ass. Act, 1836, s. 6; repealed as to"
metropolis by the Valuation (Metropolis) Act, 1869). In calculating these
seven days the day for giving notice and that appointed for the sessions
must be excluded (R. v. Shropshire JJ., 8 A. & E. 173; Mitchell v.
Foster, 12 A. & E. 472).
(y) See note (<?), p. 1259, ante.
(z) The person by whom the rate was made, e.g., the collector (see
Par. Ass. Act, 1836, s. 6; repealed as to metropolis by the Valuation
(Metropolis) Act, 1869), or person appointed under sect. 16 of the
U. A. C. Act, 1862.
RATING.
by a rate made for the relief of the poor, and for other purposes
chargeable thereon according to law, made on the - - day of
, 19 , and having material objections to the sums charged
to certain persons therein, and having given notice of objection
to you, the said Assessment Committee, to the valuation list for
the said parish approved by you, and having failed to obtain such
relief as I deem just, give you notice of my intention to appeal
against the said rate to the next special sessions to be holden
pursuant to the provisions of the Parochial Assessments Act,
1836, at - , on the - - day of - , 19 , for the hearing of
such appeals. And the grounds of my appeal are as follow:
1. [Grounds 1 to 11 inclusive in Form 2, being objections
as to amount.]
2. That my assessment therein is not in accordance with that
in the said list.
Dated the day of - , 19 .
Signed by and on behalf of the
above-named .
5. FORM OF NOTICE of APPEAL against a RATE from
SPECIAL SESSIONS to QUARTER SESSK>NS (a) (assuming
that the Summary Jurisdiction Act, 1879, s. 31, as
amended by s. 4 and schedule of the Summary Juris-
diction Act, 1884, does not regulate the procedure. See
Form 6 on the assumption that it does) .
To- -(&).
TAKE NOTICE that I [or, we], - , being desirous of impugning
the decision of the justices sitting in special sessions holden pur-
(o) Who may appeal. " The person or persons impugning such deci-
sion " (Par. Ass. Act, 1836, e. 6; repealed as to metropolis by the
Valuation (Metropolis) Act, 1869).
Time for giving notice. "Within fourteen days after the same (i.e.,
the decision) shall have been made" (Par. Ass. Act, 1836, s. 6; repealed
as to metropolis by the Valuation (Metropolis) Act, 1869). The day on
which the decision is given must not be reckoned. Therefore, notice must
(6) See note (6), next page.
NOTICE OF APPEAL AGAINST A RATE. 1267
auant to the provisions of the Parochial Assessment Act, 1836, at
, on the day of , 19 , for the hearing of appeals
be given at latest on the fourteenth day (Robinson v. Waddington, 13
Q. B. 753).
To what sessions. Generally, the appeal is taken to the quarter sessions
(borough or county) having jurisdiction over the parish against whose
rate the appeal lies (Poor Eelief Act, 1743, s. 4). And where a corporation
or franchise does not have more than six justices of the peace and does
not have jurisdiction or authority over two or more whole parishes or
wards contained within such corporation or franchise, appeal may be to
the quarter sessions for the county, riding, or division wherein such
corporation or franchise is situate. (Queer e, if this applies where there
is a recorder.) This does not apply to a city or town corporate being a
county of itself.
By the Poor Law Amendment Act, 1867 (30 & 31 Viet. c. 106), s. 27:
" Where a union extends into several distinct jurisdictions, every matter,
act, charge, or complaint by which the guardians thereof are affected, or
in which they have any interest, shall, for the purpose of jurisdiction, be
deemed to arise or exist equally throughout the union." An appeal
against a rate is a matter; it affects the guardians because, the valuation
list being altered on an amendment of the rate, the contributions of the
parish to the common fund will thereby be affected, the liabilities of other
parishes affected, and questions of the relative solvency thereof raised.
And the Assessment Committee (a committee of the guardians) may
appear as respondents on an appeal against a rate in the name of the
guardians, and may have to pay costs to the appellant; they may thus
(though by a voluntary act) be " affected " by the appeal. Apparently,
therefore, an appeal against the rate of a parish in a union may be taken
to any quarter sessions having jurisdiction over any parish in that union
(see B. v. Eaton, 8 Q. B. D. 158). But in an appeal from special to
quarter sessions the above section will not (probably) apply, and the
ordinary rule will obtain (see R. v. Staffordshire JJ ., L. E. 7 Q. B. 288).
Length of notice. For the overseers, parish council, &c., and third
person. They must receive fourteen clear days' notice (Quarter Sessions
Act, 1849, s. 1), which must intervene between that on which the notice
is given and the first day of sessions (R. v. Hereford JJ., 3 B. & Aid.
581; R. v. Shropshire JJ., 8 A. & E. 173). Latest time will therefore
be on the fifteenth day before such first day.
For the Assessment Committee. The same, unless sect. 1 of the
U. A. C. Am. Act, 1864 (which seems to apply only to appeals direct,
though its terms would cover these appeals) applies, in which case twenty-
one days' notice previous to the first day of sessions must be given (R. v.
Surrey JJ., 1 M. & S. 479), one day being reckoned inclusively and the
other exclusively (R. v. W. Riding JJ., 4 B. & Ad. 685, and R. v.
Goodenough, 2 A. & E. 463).
(6) The person or persons in whose favour the decision of special
RATING.
against rates by which my [or, our] appeal against a rate made on
the - - day of - , 19 ,for the relief of the poor, and for other
purposes chargeable thereon according to law, was dismissed [or,
dealt with], do intend to appeal therefrom to the next general
quarter sessions of the peace to be holden at , in the county
of - - [or, borough of - , in the county of ], and that the
matter and cause of my appeal are:
1. That the said justices had no jurisdiction to deal with tho
subject-matter of the said decision (c).
2. That the said justices in referring the said appeal to arbitra-
tion had no jurisdiction.
o. That the said decision ["that, &c." (specifying decision
lohere part only is appealed against)^ was wrong in law.
4. That, &c. ["that, &c.," see obj. 3] was wrong in fact (d).
6. That evidence was admitted [or, excluded] by the said jus-
tices which ought not to have been admitted [or,
excluded].
6. That a wrong principle of valuation was adopted by the
said justices.
7. That the said decision [" that, &c.," see obj. 3] was against
the weight of evidence.
8. That - , one of the said justices, was disqualified from
acting on the said appeal.
9. That the amendment purporting to be in respect of the
sessions was made (Par. Ass. Act, 1836, s. 6; repealed as to metropolis
by the Valuation (Metropolis) Act, 1869). Omission to give notice to-
parish council held fatal (at Wiltshire Quarter Sessions, before Lord
Ludlow, L.J., and others) (Hancock v. Bradford-on-Avon Union, Poor
Law Officers' Journal for Nov. 5th, 1897). This note also applies to-
Form 6.
(c) As being (1) a party, or even a member of the board of guardians,
although not of the Assessment Committee. A justice, appellant in a
similar case before the same sessions, was held disqualified (R. v. Great
Yarmouth JJ., 8 Q. B. D. 525). (2) As a ratepayer. Probably not good.
R. v. Recorder of Cambridge, 8 E. & B. 637, though not overruled by
R. v. Solingbroke, [1893] 2 Q. B. 347, and Ex parte Overseers of
Workington, [1894] 1 Q. B. 416, seems in conflict with them on this point
(see also R. v. Essex JJ., 5 M. & S. 513). (3) Biassed, being interested
in the result, in a case not dealt with by the statutes (Justices' Juris-
diction Act, 1742, and sect. 6 of the U. A. 0. Am. Act, 1864).
(e?) I.e., by reason of clerical errors.
NOTICE OF APPEAL AGAINST A RATE.
property numbered - in the said rate was not made
according to law (e).
Dated the day of - , 19 .
Signed by and on behalf of the
above-named .
6. FOKM OF NOTICE of APPEAL against a RATE from
SPECIAL SESSIONS to QUARTER SESSIONS (assuming that
the Summary Jurisdiction Act, 1879, s. 31, as amended,
regulates the procedure (/) . See Form 5 on opposite
assumption.
To (</), and to , clerk to the justices of the petty
sessional division of , in the county o;f [or, of the borough
of , in the county of ], assembled at special sessions pur-
suant to the Parochial Assessments Act, 1836.
This is to give you and each and every of you notice that I
{or, we], being desirous of impugning the decision of the said
special sessions given on the day of - , 19 , by which
my appeal against a rate made on the - - day of - , 19 ,
for the relief of the poor and for other purposes chargeable thereon
according to law was dismissed [or, dealt with], do intend at the
next general quarter sessions of the peace, to be holden at ,
in and for the said [county, or borough] to appeal against the
same, and that the matter [or, cause] of such appeal are:
[Grounds of appeal as in Form 5.]
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
(e) E.g., not by the sessions themselves, but after they had been dis-
solved.
(/) It is submitted that it does not apply.
(g) See note (6), p. 1267, ante.
RATING.
7. FORM OF NOTICE of OBJECTION (A) to a VALUATION
or SUPPLEMENTAL VALUATION LIST as a PRELIMINARY
to APPEAL against a RATE to QUARTER SESSIONS.
To the Assessment Committee of the - - Union, in the county
of , and to the churchwardens and overseers of the poor of
the parish of - , in the said Union, and to - , of , in
the said parish.
I, , of - , in the said parish, being a person aggrieved
by the valuation [or, supplemental valuation] list thereof, hereby
give you notice of objection thereto on the following grounds:
AMOUNT.
1. {Grounds 1 to 11 inclusive in Form 2.]
VALIDITY OF LIST.
2. [Grounds 13 to 42 inclusive in Form 2.]
OMISSION.
3. [Ground 12 in Form 2.]
[The following, from 4 to 16 inclusive, are objections with
which the Committee cannot deal, but which must be talcen before
them in order to be available on appeal.']
OBJECTIONS DISPUTING LIABILITY.
4. That I am not in occupation (i) of the hereditament num-
bered therein.
.5 . That the hereditament numbered therein is not situated
in the parish dealt with in the said list.
6. That in respect of the hereditament numbered therein,
I am not the person liable to be assessed by reason of
the provisions of the Poor Rate Assessment and Collec-
tion Act, 1869 (&).
(h) See note (e), p. 1258, ante.
(i) Or "beneficial and rateable occupation."
(A?) Sects. 1, 3 and 4. Although the occupier under sect. 4 (1) of the
Poor Rate Assessment and Collection Act, 1869, ceases to be assessable,
NOTICE OF OBJECTION TO A VALUATION.
OBJECTION OF OMISSION OF THIRD PERSON.
7. That you, the said , ought to be put on the said list
in respect of your occupation of the hereditament known
as , in the said parish.
OBJECTIONS CLAIMING EXEMPTION.
8. That my name ought to be struck out of the said list in
respect of the hereditament numbered therein, inas-
much as my occupation thereof is that of the Crown.
9. That [see obj. 8] inasmuch as my occupation thereof is
in respect of lands [or, houses or buildings, or, part of
lands] belonging to a society instituted for purposes of
science, literature, or the fine arts exclusively, within
the meaning of the Scientific Societies Act, 1843, and
exempt according to the provisions thereof.
10. That [see obj. 8] inasmuch as my occupation thereof is
that of a church, district church, chapel, meeting-house,
premises [or, part of any of the foregoing ()], exclu-
sively appropriated to public religious worship, duly
certified [do not add this in the case of churches, district
churches, or episcopal chapels of the Established Church]
within the exemption conferred by sect. 1 of the Poor
Rate Exemption Act, 1833.
11. That [see obj. 8] inasmuch as my occupation thereof is
that of part of a church, district church, chapel, meeting-
house, or premises, which are exclusively appropriated
to public religious worship duly certified within the
meaning of sect. 1 of the Poor Rate Exemption Act,
1833, which part is not so appropriated, but from which
I receive no rent nor derive profit or advantage.
12. That [see obj. 8] inasmuch as my occupation thereof is
that of a building [or, part of a building] used exclu-
sively as a Sunday School or Ragged School, which said
this rate can be recovered from him under sect. 12. He can then deduct
it from his rent. But it is doubtful whether this objection can be taken
to the list, as the occupier's name must remain thereon.
(Z) Where exemption is claimed in respect of part of a church, &c., add:
" which part is exclusively appropriated, &c."
RATING.
of the parish of - , in the said Union, and to - , of ,.
in the said parish (q).
I, - , of - , in the said parish, being a person aggrieved
by a rate made for the relief of the poor, and for other purposes
chargeable thereon according to law, made on the - - day of
, 19 , and having material objections to the sums charged
to certain persons therein, and having given notice of objection
to you. the said Assessment Committee, to the valuation list for
supra; R. v. Essex JJ., supra; R. v. Herefordshire JJ., 3 T. E. 504).
And since by sect. 1 of the U. A. 0. Am. Act, 1864, the notice of objection
(there made a necessary preliminary to appeal) may be given " at any
time," it is implied that the person aggrieved may also appeal after
giving the notice and failing to obtain relief. No sessions can therefore-
be " practicable " which precede the giving of the notice, and the first
succeeding it is not necessarily so.
To what sessions. (See note (a), p. 1266, ante.)
Where notice has been given, and it is then discovered that it has been
given to a wrong Court, if notice of the mistake and intention to appeal
to the right Court is given, it will probably operate as a good notice to-
the second Court, unless the respondents have already acted on it and
treated it as a bad notice to the first Court (see It. v. Recorder of Liver-
pool, 15 Q. B. 1070; R. v. Sucks JJ., 4 E. & B. 259 (n); R. v. Salop
JJ., 11. 257; R. v. Recorder of Leeds, 30 L. J. M. C. 86).
Length of notice. To Assessment Committee. Twenty-one days pre-
vious to the sessions (U. A. 0. Am. Act, 1864, s. 1), one being reckoned
inclusively and the other exclusively (R. v. W . Riding JJ., 4 B. & Ad.
685; R. v. Goodenough, 2 A. & E. 463). Other respondents. Fourteen
clear days (Quarter Sessions Act, 1849, s. 1). The day of service and
that of sitting of Court must be excluded (Li fin v. Pitcher, I Dowl.
(N. S.) 767; McQueen v. Jackson, [1903] 2 K. B. 163).
Respite of appeal. By the Poor Belief Act, 1743, s. 4, " reasonable
notice must be given," which is now fixed as to length. If appellant
gives proper notice, but announces his intention of applying for a respite
at the hearing, the justices have discretion to grant the application or
not if it is opposed (R. v. Eyre, 7 E. & B. 609). If he has no time
to give proper notice the sessions are bound to accept the appeal and
respite it to next sessions (sect. 4). If he has time to give proper notice
and neglects to do so the rule is the same (R. v. De Grey, [1900] 1 Q. B.
521), and also if he has given no notice at all (R. v. Shropshire JJ.,
7 East, 549; R. v. Wilts JJ., 8 B. & 0. 380 (but see judgment of
Bayley, J.); R. v. London JJ., 9 Q. B. 41; R. v. Eyre, 6 E. & B. 992).
(q) Poor Bate Act, 1801, s. 6. Notice must be given to the person
whose assessment is objected to (see R. v. Brooke, 9 B. & C. 915; followed
in R. v. Cambridgeshire JJ., 7 J. P. 306).
NOTICE OF APPEAL AGAINST RATE. 1275
the said parish approved by you, and having failed to obtain such
relief as I deem just, give you notice of my intention to appeal
against the said rate to the next general quarter sessions of the
peace, to be holden at , in and for the said county [or, said
borough of , in the said county]. And that the grounds of
my appeal are as follow:
As TO AMOUNT (r).
1. [Any of the grounds 1 to 11 inclusive in Form 2, substi-
tuting rate for list where it occurs.]
As TO THE OMISSION OF OTHERS.
2. [Ground 12 in Form 2, substituting rate for list.]
3. [Ground 7 in Form 7, substituting rate for list.]
As TO LIABILITY.
4. [Any of grounds 4 to 6 inclusive in Form 7, substituting
rate for list where it occurs.]
5 . That my name was unlawfully inserted in the said rate after
it had been made and allowed (s).
CLAIMING EXEMPTION.
6. [Any of grounds 8 to 17 inclusive in Form 7, substituting
rate for list where it occurs.]
CLAIMING EXEMPTION AS PAUPER.
7. That my name ought not to be inserted in the said rate,
but ought to be struck out in pursuance of an order made
under the provisions of sect. 11 of the Poor Relief Act,
(r) This would include the ground that the hereditament had not been
rated in fair apportioned parts under sect. 28 of the U. A. C. Act, 1862.
Other grounds under this section would be (1) no alteration of occupation
within the meaning of the section; (2) that a supplemental valuation list
had been approved and delivered, showing the annual rateable value of
such parts.
(s) R. v. Cardiganshire JJ ., 1 Harr. & W. 274. A name can only be
so inserted in the circumstances dealt with in sect. 16 of the Poor Eato
Ass. & Coll. Act, 1869.
B. VOL. II. 27
1276 RATING.
1814, on the - - day of , 19, by and ,
two of His Majesty's justices of the peace having juris-
diction in the said parish ().
CLAIM OF PARTIAL EXEMPTION.
8. [Any of grounds 18 to 21 inclusive of Form 7, substituting
rate for list where it occurs.']
CLAIM FOR OWNER'S COMMISSION.
9. Thai no reduction has been made in the said rate with
respect to the assessment of the hereditament numbered
therein, to which reduction I am entitled under the
provisions of sects. 3 and 4 of the Poor Rate Assessment
and Collection Act, 1869 (u).
RATE NOT BINDING ON APPELLANT THOUGH OTHERWISE VALID.
[And see obj. 5, supra.']
10. That my name ought to be struck out of the said rate inas-
much as my assessment therein is based on a valuation
list which is not binding on me, because [here incorporate
any of grounds 13 to 16 inclusive in Form 2, being
objections to the validity of the valuation list qua the
appellant'].
11. That my name, &c. [as in obj. 10, supra], based on a
valuation list which has not been amended according to
law in pursuance of the decision, &c. [Form 2, obj. 10.]
12. That, &c. [as in obj. 10], based on a valuation in the
valuation list which has been amended by you, the said
Assessment Committee, of which said amendment you
() Whereby two justices, on application made by any person rated to
any rate made within their jurisdiction to be discharged from payment
of a rate, and proof of inability to pay through poverty, may, with the
consent of the churchwardens and overseers, order such person to be
excused from payment and his name to be struck out therefrom.
(u) See Sunderland Overseers v. Sunderland Union, 18 0. B. (N. S.)
531. As the amount of commission does not appear in the rate it would
probably be held that the County Court, not the sessions, is the proper
place at which to claim payment thereof.
NOTICE OF APPEAL AGAINST RATE.
did not give notice to the overseers in accordance with
the provisions of sect. 1 of the Union Assessment Com-
mittee Amendment Act, 1864.
13. That my name ought to be struck out of the said rate in
that the hereditament numbered - - therein, in respect
of which I am rated, is not rated, according to the annual
rateable value thereof appearing in the valuation list in
force in the said parish at the time of the making of
the said rate.
14. That my name Bought to be struck out of the said rate as
not of any force as against me in that I was refused
inspection thereof (a?).
INVALID AS BASED ON INVALID VALUATION LIST.
15. That the said rate is not of any force, being based on a
valuation list which is invalid inasmuch as [here incor-
porate any of objections 17 to 42 inclusive in Form 2,
being objections to the validity of the valuation list].
16. That, &c. [see ground 15] invalid inasmuch as it was not
at the time of the making of the said rate deposited
in the place appointed by law.
INVALID AS MADE BY PERSONS HAVING NO JURISDICTION.
17. That the [overseers, or the persons signing the rate; or,
, one of the overseers, or, , one of the persons
signing the rate] purporting to make the said rate were
[or, was] not duly appointed in such office [or, for such
purpose] according to law (/), whereby the said rate was
not made by the major part of the overseers as required
by law.
18. That the [overseers, or persons signing the rate] purporting
to make the said rate had no jurisdiction to make it.
19. That the said rate was not made in pursuance of a lawful
demand or direction for such making (0).
(x) Probably not a good ground.
(y) Doubtful objection.
(2) Where rate has been apportioned under U. A. 0. Act, 1862, this
would include the ground that the hereditament had not been rated in
fair apportioned parts under sect. 28 of that Act. Other grounds under
27(2)
1277
1*278 RATING.
INVALID AS DEFECTIVE IN FORM.
20. That the said rate was not duly allowed according to law.
21. That the said rate was not published according to law.
22. That the said rate was not signed as required by law (a).
23. That the declaration prescribed by sect. 28 of the U. A. 0.
Act, 1862, was not duly made and signed as therein
required (a).
24. That the said rate does not show for what period it wa&
. made.
25. That the said rate does not sufficiently show for what pur-
pose it was made (&).
26. That the said rate does not comply with the provisions of
sect. 14 of the Poor Rate Assessment and Collection
Act, 1869.
27. That the said rate is not in the form prescribed by law.
INVALID AS RETROSPECTIVE, PROSPECTIVE OR EXCESSIVE.
28. That the said rate is bad as being retrospective in its
operation.
29. That the said rate is bad, being made to meet expenses to-
be incurred after the expiration of the period for which
it was made.
30. That the said rate is excessive having regard to the pur-
poses for which it was made.
INVALID AS MADE FOR UNAUTHORISED PURPOSE.
31. That the said rate is bad, being made to meet expenses not
lawfully payable thereout.
this section would be (1) no alteration of occupation within the meaning
of the section; (2) that a supplemental valuation list had been approved
and delivered, showing the annual rateable value of such parts.
(a) Non-signature vitiates the rate (Ainsworth v. Creeke, L. E. 4 0. P.
476). But strict compliance with the form of the declaration is probably
not necessary if the substance is reproduced.
(&) S. v. Eastern Counties R. 0., 5 E. & B. 974,
NOTICE OF APPEAL AGAINST RATE. 1279
INVALID FOR VARIOUS REASONS.
32. That the said rate was made for a period of time for which
period another valid rate for the said parish and made
for the same purpose was in existence.
33. That the said rate was superseded by a rate made for the
same purposes on the day of - , 19 , and duly
allowed and published.
34. That the said rate ought to be quashed in that there are
so many omissions therefrom as to embarrass the appel-
lant or any appellant desiring to appeal against it, and
that an undue amount of time would be consumed in any
appeal against it in its present form.
35 . That the said rate is not of any force in that the heredita-
ments included therein are not rated according to the
annual rateable value thereof appearing in the valua-
tion list in force in the said parish when the said rate
was made.
36. That the said rate is not of any force in that the rate books
were not at the time it was made kept in the place
appointed by law.
IMPROPER PROCEDURE ON REVISION AFTER RE-DEPOSIT.
37. That, the said rate is not of any force, being based on a
valuation list, objections to which were considered by
you, the said Assessment Committee, after re-deposit,:
which were not objections to alterations made therein by
you before re-deposit (c).
38. [Any of objections numbered 39 to 43 inclusive in Form 14,
adding after re-deposit after said list.]
39. That, &c. [as in obj. 15] invalid in that you, the said
Assessment Committee, did not duly finally approve the
said list.
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
(c) Doubtful objection.
1280 RATING.
9. FORM OF NOTICE of APPEAL by OVERSEERS, &c.,
against a VALUATION LIST to QUARTER SESSIONS on the
GROUND of the UNDERVALUATION of ANOTHER
PARISH (d).
To the overseers of the poor of the parish of , in the county
of [or, the council for the borough of , or other repre-
sentative body], and to the board of guardians of the Union,
in the said county.
TAKE NOTICE that I, , of [or, we, &c.], being overseer
[or, overseers] of the parish [but see note (d) " Who may appeal"
beloui] of , in the said Union, having reason to think that
the said parish is aggrieved by the valuation list of the said
parish of [the first-named parish], being duly authorised by
a vestry (see note (d)} for that purpose, intend to appeal against
the said valuation list to the court of quarter sessions for the said
county [or, borough], to be holden at , in the said county [or,
borough], on the - - day of - , 19 , and that the ground of
my [or, our] appeal is:
(d*) Who may appeal. The overseer or overseers of any parish in any
union who have reason to think that such parish is aggrieved by the
valuation list of any other parish in the union, with the consent of the
vestry. But in rural parishes having a parish council, the powers, duties
and liabilities (which include this power of authorising), are transferred
to the council (Local Government Act, 1894, s. 6 (1)). Where there is a
parish meeting, the county council may, on the application of such meeting,
confer on it any of the powers transferred as above (sect. 19 (10)). And
in parishes other than rural parishes the Local Government Board may
make an order conferring on the district council or other representative
body any powers, duties, or liabilities of a parish council. The substituted
body should be inserted (where necessary) in the form for " vestry."
Within what time. To the sessions holden after the expiration of a
month after the allowance of and deposit of the valuation list.
To what sessions. " The quarter sessions for the county or borough in
which the greatest number of parishes belonging to the union is situate,
or, in case the number of parishes in any two or more of such jurisdictions
is equal, to the quarter sessions for the county or borough having juris-
diction over the parish in which the workhouse of the union is situate,
at the sessions to be holden after the expiration of a month after the
allowance of and deposit of such valuation list as aforesaid" (U. A. C".
Act, 1862, s. 32).
Latest time for giving notice. The fifteenth day before the first day
of sessions.
NOTICE OF APPEAL BY OVERSEERS, ETC.
That the rateable hereditaments in the said valuation . list are
valued at less than the annual rateable value thereof.
Dated the day of , 19.
Signed by and on behalf of the
above-named .
10. FORM OF NOTICE of APPEAL by OVERSEERS, dc., to
QUARTER SESSIONS agamst a VALUATION LIST on the
GROUND of the OVER-VALUATION of their own
PARISH (e).
[Heading the same as in Form 9, but giving notice to the
guardians of the parish only (not to anyone else}, and omitting
the words first-mentioned.] And that the ground of our [or, my]
appeal is:
That the rateable hereditaments in the said list are valued
beyond the annual rateable value thereof.
Dated, &c.
Signed, &c.
[As in Form 9.]
II. INSIDE THE METROPOLIS.
11. FORM OF NOTICE of OBJECTION to VALUATION LIST
before the ASSESSMENT COMMITTEE by OVERSEERS or
BOROUGH COUNCIL (/).
To the Assessment Committee of the - Union (gr), in the
county of London, and to the overseers (h) of the parish of ,
in the said Union [or, in the cases mentioned in (g), the said
(e) See note to Form. 9. Length of notice. " Fourteen days," ex-
cluding the day of service and including the first day of quarter sessions
(see E. v. Cumberland JJ., 4 N. & M. 378).
(/) Latest time for giving notice. Not less than seven days before the
meeting at which objections will be heard (Valuation (Metropolis) Act,
1869, s. 42 (6)), the day of meeting being excluded (on analogy of
Williams v. Burgess, 12 Ad. & E. 635). It may be that notice seven days
(g) (h) See notes (g) (h), next page.
1282
RATING.
parish], and to , of [see note (&), p. 1257] in the said
parish.
I, [or, We, and ], being overseer of the parish
of , in the said Union [if the parish is situated in a metro-
politan borough [see (h}~\, I, - , being clerk to the borough
council for the borough of , in the county of , within
which is situate the parish of - - [i.e., the parish a\g t griev&d],
having reason to think [or, which has reason to think] that the
said parish [i.e., the objector's parish] is aggrieved by the valua-
tion list thereof [or, where it is aggrieved by that of another
before an adjourned meeting would be sufficient if an adjourned meeting
is "such" meeting within sect. 19 of the U. A. C. Act, 1862. A refusal
to hear on account of want of proper notice is not (probably) a " decision
on an objection " within sects. 19 or 32 of the Valuation (Metropolis) Act,
1869, and is therefore not appealable to sessions.
(</) Where the parish is not included in any union formed under the
Poor Law Amendment Act, 1834, and Amending Acts, and there is a
vestry elected under the Metropolis Management Act, 1855 (now abolished
and borough council substituted (London Government Act, 1899, s. 4; see
Valuation (Metropolis) Act, 1869, s. 5 (1), (2) and (3); amended as to
composition of Assessment Committee by the City of London (Union of
Parishes) Act, 1907, s. 14)), the form will be:
" To the Assessment Committee of the parish of - , in the
county of London."
Where in such a parish there is no board of guardians the form will be:
" To the Assessment Committee of the parish of - , in the
Union "
(i.e., the union of the Assessment Committee acting for the parish); see
Valuation (Metropolis) Act, 1869, s. 59 (1) and (2).
(h) By sect. 11 of the London Government Act, 1899, the council of a
metropolitan borough shall be the overseers of every parish within their
borough. By sect. 1, the whole of the administrative county of London
outside the City is divided into metropolitan boroughs; and by sect. 17 (1),
every part of it is to be in some borough and some parish, and a parish
is not to be situated in more than one borough, or partly in a borough
and partly in the City. Where the parish is situated in a metropolitan
borough the form will be:
" To the council of the borough of - , in the county of - ,
and to , their clerk."
The latter signs the list (sect. 11 (1)). In the City of London the over-
seers of the parishes make the rate (see " Overseers " in sect. 4 of the
Valuation (Metropolis) Act, 1869).
NOTICE OF OBJECTION TO SUPPLEMENTAL VALUATION LIST. I 283
/
parish in the Union, by the valuation list of the said parish of
], do hereby [or, do hereby on behalf of the said council] give
you notice of objection thereto on the following grounds:
1. [Grounds 1 to 4 inclusive of Form 1.]
2. [Any of grounds 12 and 13 and 23 to 50 inclusive in
Form 14.]
And I desire that the following corrections be made in the
said list. With respect to the hereditament numbered therein
[here specify correction].
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
12. FOKM OF NOTICE of OBJECTION to SUPPLEMENTAL
VALUATION LIST before the ASSESSMENT COMMITTEE by
OVERSEERS or BOROUGH COUNCIL (i).
To, &c [as in Form 11, inserting supplemental before valuation
list].
GROUNDS.
1. That by reason of the alterations in the valuation of the
rateable hereditaments appearing in the said supple-
mental valuation list of the said parish of [the
other parish], the said hereditaments are valued at less
than the annual rateable value thereof.
2. That by reason of the alterations in the valuation of the
rateable hereditaments appearing in the said supple-
mental valuation list of the said parish of [objector's
own parish], the said hereditaments are valued beyond
the annual rateable value thereof.
3. [Ground 2 in Form 11.]
And I desire, &c. [as in Form 11].
Dated, &c.
Signed, &c.
[As in Form 11.]
(i) See notes to Form 11.
1284
RATING.
13. FORM OF NOTICE of OBJECTION to a PROVISIONAL
VALUATION LIST before the ASSESSMENT COMMITTEE by
OVERSEERS or BOROUGH COUNCIL (ft).
To the Assessment Committee of the - Union (V), in the
county of London, and to , their clerk, to the overseers (m)
of the parish of , in the said Union [or, in the cases mentioned
in (t), the said parish], to , of - , surveyor of taxes, and to
(w), of - , in the said parish.
I, &c. [as in Form 11 to following grounds].
1. [Grounds 1 and 2 in Form 1.]
And I desire, &c. [as in Form 11].
Dated, &c.
Signed, &c.
[As in Form 11.]
14. FORM OF NOTICE of OBJECTION to the VALUATION
LIST before the ASSESSMENT COMMITTEE by a PERSON
AGGRIEVED (or by a RATEPAYER, whether AGGRIEVED or
not (o)).
To the Assessment Committee of the - - Union (p), in the
(&) Who may object. By sect. 47 (4) of the Valuation (Metropolis)
Act, 1869, are enumerated those persons who may object, and overseers
are not included. Probably, therefore, they have not the right, notwith-
standing sect. 11.
Latest time -for giving notice. No time fixed, but it must be before
the day appointed for the hearing. The notice of time for holding the
meeting must specify the mode of objecting (Valuation (Metropolis) Act,
1869, s. 47 (3) and (4)).
To what Assessment Committee. See U. A. 0. Act, 1862, s. 7, and
Valuation (Metropolis) Act, 1869, s. 59 (1), (2) and (3).
(Z) See note (gr), p. 1282, ante.
(w) See note (h), p. 1282, ante.
(n) The occupier of the hereditament (Valuation (Metropolis) Act,
1869, s. 47 (4)). .
(o) Who may object. Any person who feels himself aggrieved (1) by
reason of the unfairness or incorrectness of the valuation of any heredita-
ment; (2) by reason of the insertion or incorrectness of any matter
therein; (3) by reason of the omission of any matter therefrom; (4) by
(p) See note (g), p. 1282, ante.
NOTICE OF OBJECTION TO VALUATION LIST. 1285
county of London, and to the overseers (p) of the parish of ,
in the said Union [or, in the cases mentioned in (q), the said
parish], and to (r), in the said parish.
I, , of , in the said parish, being aggrieved by the
valuation list thereof [or, being a ratepayer thereof [see note (o)
" Who may object," p. 1284]], hereby give you notice of objection
thereto [or, to the valuation list thereof] on the following grounds:
[The following, from 1 to 11 inclusive, and probably also 14,
must be taken before the Assessment Committee to be available
on appeal against list.'}
AMOUNT.
1. That the valuation in respect of the hereditament numbered
therein is unfair and incorrect.
2. That in respect of the hereditament numbered therein
I am assessed at too great a sum.
3. That the gross value thereof is assessed at too great a sum.
4. That an insufficient sum has been allowed by way of deduc-
tion from the said gross value.
5. That the rateable value thereof is too high.
6. That in respect of the hereditament numbered therein
you, the said , are assessed at too small a sum.
7. That the gross value thereof is assessed at too small a sum.
8. That too great a sum has been allowed by way of deduction
from the gross value thereof.
9. That the rateable value thereof is too low.
reason of such a valuation list as is required by the Valuation (Metropolis)
Act, 1869, not having been transmitted by the overseers to the Assessment
Committee. Also any ratepayer, as to the list relating to his district, has
all the above rights (whether aggrieved or not), and may also object if he
has reason to think his parish is aggrieved by the valuation list of any
parish in his union. See U. A. 0. Act, 1862, s. 18, and Valuation
(Metropolis) Act, 1869, ss. 11 and 12. By sect. 13 of the Poor Bate
Ass. & Coll. Act, 1869, owners made liable for rates have the same right
of appeal against the valuation list and a rate as if they were the occupiers.
Latest time -for giving notice. Before the expiration of twenty-five days
after the list is deposited (Valuation (Metropolis) Act, 1869, s. 42 (3)).
After re-deposit, seven days before the day appointed for hearing objec-
tions to the list so re-deposited.
(p) See note (A), p. 1282, ante.
(q) See note (g), p. 1282, ante.
(r) See note (6), p. 1257, ante.
RATING.
10. That the said list has not been amended in pursuance of
a decision of justices assembled in quarter sessions for
the county of London [or, decision of a court of
special sessions], holden at , in the said county, on
the day of , 19 , whereby nay assessment
numbered therein was altered from [gross or
rateable] to [gross or rateable].
11. That the assessment of the hereditament numbered -
therein was made on an erroneous principle.
OMISSIONS. [But see Vol. (Metrop.) Act, 1869, s. 45.]
12. That a certain rateable hereditament known as , in
the said parish, is omitted from the said list.
NOT SITUATED IN THE PARISH.
13. That the hereditament numbered therein is not
situated in the said parish.
CLAIMING PARTIAL EXEMPTION.
14. [Any of grounds 18 to 21 inclusive in Form 7.]
CLAIMING EXEMPTION.
15. [Any of grounds 8 to 17 inclusive in Form 7.]
[The following, from 16 to 50 inclusive, can be taken against
either the list or the rale. In the latter case this objection before
the Committee is not necessary (s).]
NOT IN OCCUPATION.
16. That I am not in occupation of the hereditament numbered
therein.
(s) Preliminary objection to the list before the Assessment Committee
is unnecessary, because sect. 1 of the U. A. C. Am. Act, 1864, which
makes this necessary outside the metropolis, has been repealed as to the
metropolis by sect. 77 of the Valuation (Metropolis) Act, 1869. But
omission to seek the preliminary relief might affect the question of costs
on the appeal.
NOTICE OF OBJECTION TO VALUATION LIST.
OWNER NOT OCCUPIER LIABLE.
17. That in respect of the hereditament numbered therein
I am not the person liable to be assessed by reason of
the Poor Rate Assessment and Collection Act, 1869.
INCORRECTNESS.
18. That the said list is incorrect in that with respect to the
hereditament numbered therein [here specify the
incorrect matter, e.g., that the extent of the heredita-
ment is incorrectly stated, or is put in the wrong class :
see sect. 51 of the Vol. (Metrop.) Act, 1869, <&cJ\.
INVALIDITY OF VALUATION LIST QUA OBJECTOR.
19. That my name ought to be struck out of the said list in
that I, being entitled to inspect a ^ obtain copies a ^-
extracts from the said list [add after re-deposit if neces-
sary], was not allowed to do so.
20. That, &c. [see obj. 19] in that you, the said Assessment
Committee, considered objections to the said list of which
notice had not previously been given to me, although I
did not consent thereto ().
21. That, &c. [see obj. 20] in that you, the said Assessment
Committee, considered objections to the said list in
respect of which you had ordered notice of objection to
be served on me, although in fact no such notice was
served on me (M).
22. That our name, &c. [see obj. 20] in that no such notice as
is required by law was given to us of the sum set down
in the said list as the rateable value of the property pur-
porting to be occupied by us, although we have no office
or place of business in the said parish.
23. That my name, &c. [see obj. 20] in that no notice was given
to me as required by sect. 9 of the Valuation (Metropolis)
() This objection could only be made after re-deposit, and could
(strictly) only be taken if the Committee had made an alteration in the
list (Valuation (Metropolis) Act, 1869, s. 42 (7)).
(t*) Doubtful objection.
1288 RATING.
Act, 1869, in respect of the hereditament numbered
therein (a;).
INVALIDITY OF LIST GENERALLY.
24. That the said valuation list transmitted to the Assessment
Committee was not such a list as is required by the
Valuation (Metropolis) Act, 1869.
25. [Repeat ground 24 and add] in that the directions as to
the deposit and notice of deposit of the said list given by
the justices assembled in the quarter sessions for the
county of London [or, special sessions for the petty
sessional division of , in the county of London] were
not duly complied with (/).
26. [Repeat ground 24 and add] in that the directions given
by the justices, &c. [as in 25] as to deposit and notice
of deposit of the said list did not comply sufficiently
with the provisions of the Valuation (Metropolis) Act,
1869, s. 35.
27. [Repeat ground 24 and add] in that the justices assembled
[as in 25] had no jurisdiction to order the said valuation
list to be made inasmuch as there was an approved,
valuation list for the said parish in existence at the
time.
No JURISDICTION TO MAKE LIST.
28. That the said list was made by a person [or, persons]
not duly authorised by law.
29. That the overseers [or the person or persons purporting to
make the list [see note (ft), p. 1282]. Add also or some
of them where all are not attacked^ by whom the said
list purports to be made were not duly appointed accord-
ing to law.
30. That you, the said Assessment Committee, at the time
you ordered the said list to be made by the person who,
(x) See Mayor of Westminster v. Army and Navy Auxiliary Co-
operative Supply, Ltd., [1902] 2 K. B. 125.
(y) Made under sect. 35 of the Valuation (Metropolis) Act, 1869. The
times prescribed in sect. 42 cannot, of course, be observed, and will be
fixed by the justices making the order (sects. 37 and 42 (13)).
NOTICE OF OBJECTION TO VALUATION LIST.
in pursuance of such order, purports to have made it as
the person so appointed by you, were not duly con-
stituted an Assessment Committee [or (z), were not act-
ing as an Assessment Committee].
31. That you . . . appointed by you [see obj. 30], had not
first given due notice to the guardians ^ obtained their
consent (a).
32. That you . . . appointed by you [see obj. 30], had no
jurisdiction over the said parish [and see obj. 51].
FORM.
33. That the said list is not in the form prescribed by laAv.
NON-OBSERVANCE OF FORMALITIES.
34. That the said list was not duly deposited according to law.
35. That no proper notice of deposit of the said list was given.
36. That the said list was not made in duplicate as required
by law [or, A duplicate of the said list was not sent to
the surveyor of taxes for the district in which the said
parish is contained].
37. That the said list was not transmitted to the Assessment
Committee at the proper time.
38. That no proper notice of a meeting or meetings to hear
objections to the said list was published at the time or
in the manner required by law.
IMPROPER PROCEDURE BY ASSESSMENT COMMITTEE ON HEARING
OBJECTIONS.
39. That in revising the said list you improperly delegated
your powers therein.
40. That you, the said Assessment Committee, in revising the
said list, considered objections thereto of which notice
had not previously been given, although the consent of
the persons entitled to such notice had not been obtained.
(z) I.e., the order was not made by the majority, or when less than
three were present, &c. (see U. A. C. Act, 1862, s. 9).
(a) This objection only applies to lists made under sect. 16 of the
U. A. 0. Act, 1862.
1289
RATING.
41. That you, the said Assessment Committee, in revising the
said list, dealt with objections thereto in respect of
matters as to which you had previously ordered notice
of objection to be served on certain other persons,
although in fact such notice was not served.
42. That you, the said Assessment Committee, in revising the
said list, acted on the valuation of a valuer appointed
by you without the consent of the guardians having
been first obtained (6).
43. That you, the said Assessment Committee, in revising the
said list, acted on a valuation not given in the form or
fulfilling the requirements of sect. 4 of the Union Assess-
ment Committee Amendment Act, 1864 (6).
REFUSAL OF INSPECTION, &c.
44. That the right of inspecting ?~ obtaining copies -
extracts from the said list was refused to persons entitled
thereto.
REVISION BAD AS OUT OF TIME.
45. That the said list is void inasmuch as it was not revised
within the time prescribed by law.
APPROVAL INFORMAL.
46. That you, the said Assessment Committee, did not duly
approve the said list previous to its re-deposit.
RE-DEPOSIT AND SUBSEQUENT PROCEEDINGS.
47. That you, the said Assessment Committee, did not duly
re-deposit the said list as revised by you.
48. {Ground 35, supra, substituting re-deposit lor deposit.]
REFUSAL OF INSPECTION AFTER RE-DEPOSIT.
49. [Ground 44, supra, adding so deposited after list.]
(6) Doubtful objection.
OBJECTION AGAINST A SUPPLEMENTAL VALUATION LIST.
LIST VOID BY LAPSE OF TIME.
50. That the said list has ceased to be of any force by lapse of
time.
OBJECTION OPEN TO RATEPAYER ONLY.
[See note (o), p. 1284.]
51. [Grounds 1 to 4 in Form 1, which can only be taken
against the list, not the rate.]
And I desire that the following corrections be made in the said
list:
With respect to the hereditament numbered therein [here
specify corrections].
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
15. FOEM OF NOTICE of OBJECTION before the ASSESS-
MENT COMMITTEE against a SUPPLEMENTAL VALUATION
LIST by a PERSON AGGRIEVED (or by a RATEPAYER
whether AGGRIEVED or not} (c).
To, &c. [as in Form 14 to following grounds, inserting supple-
mental before list].
AMOUNT.
1. [Any of grounds 1 to 11 inclusive in Form 14.]
OMISSION.
2. [Ground 12 in Form 14, adding although, and specifying the
alteration that has taken place (d).]
(c) See note (o), p. 1284, ante.
(rf) I.e., that an alteration has taken place in some matter in the valua-
tion list with regard to that hereditament during the twelve months ending
the 5th April preceding, and that, therefore, it ought to be entered in the
supplemental list.
B. VOL. II. 28
1290 RATING.
41. That you, the said Assessment Committee, in revising the
said list, dealt with objections thereto in respect of
matters as to which you had previously ordered notice
of objection to be served on certain other persons,
although in fact such notice was not served.
42. That you, the said Assessment Committee, in revising the
said list, acted on the valuation of a valuer appointed
by you without the consent of the guardians having-
been first obtained (6).
43. That you, the said Assessment Committee, in revising the
said list, acted on a valuation not given in the form or
fulfilling the requirements of sect. 4 of the Union Assess-
ment Committee Amendment Act, 1864 (6).
REFUSAL OF INSPECTION, &c.
44. That the right of inspecting ^~ obtaining copies ~
extracts from the said list was refused to persons entitled
thereto.
REVISION BAD AS OUT OF TIME.
45. That the said list is void inasmuch as it was not revised
within the time prescribed by law.
APPROVAL INFORMAL.
46. That you, the said Assessment Committee, did not duly
approve the said list previous to its re-deposit.
RE-DEPOSIT AND SUBSEQUENT PROCEEDINGS.
47. That you, the said Assessment Committee, did not duly
re-deposit the said list as revised by you.
48. [Ground 35, supra, substituting re-deposit lor deposit.]
REFUSAL OF INSPECTION AFTER RE-DEPOSIT.
49. [Ground 44, supra, adding so deposited after list.]
(6) Doubtful objection.
OBJECTION AGAINST A SUPPLEMENTAL VALUATION LIST.
LIST VOID BY LAPSE OF TIME.
50. That the said list has ceased to be of any force by lapse of
time.
OBJECTION OPEN TO RATEPAYER ONLY.
[See note (e>), p. 1284.]
51. [Grounds 1 to 4 in Form 1, which can only be taken
against the list, not the rate.~\
And I desire that the following corrections be made in the said
list:
With respect to the hereditament numbered - therein [here
specify corrections].
Dated the - - day of , 19.
Signed by and on behalf of the
above-named .
15. FOEM OF NOTICE of OBJECTION before the ASSESS-
MENT COMMITTEE against a SUPPLEMENTAL VALUATION
LIST by a PERSON AGGRIEVED (or by a RATEPAYER
whether AGGRIEVED or not} (c).
To, &c. \_as in Form 14 to following grounds, inserting supple-
mental before list].
AMOUNT.
1. [Any of grounds 1 to 11 inclusive in Form 14.]
OMISSION.
2. [Ground 12 in Form 14, adding although, and specifying the
alteration that has taken place (d).~\
(c) See note (o), p. 1284, ante.
(d) I.e., that an alteration has taken place in some matter in the valua-
tion list with regard to that hereditament during the twelve months ending
the 5th April preceding, and that, therefore, it ought to be entered in the
supplemental list.
B. VOL. II. 28
1292 RATING.
NOT SITUATED IN THE PARISH (e).
3. [Ground 13 in Form 14.]
CLAIMING PARTIAL EXEMPTION.
4. [Any of grounds 18 to 21 inclusive in Form 7.]
CLAIMING EXEMPTION.
5. [Any of grounds 8 to 17 inclusive in Form 7.]
NOT IN OCCUPATION.
6. That I am not in occupation of the hereditament numbered
- - therein.
OWNER NOT OCCUPIER LIABLE.
7. [Ground 17 in Form 14.]
INCORRECTNESS.
8. [Ground 18 in Form 14.]
INVALIDITY or SUPPLEMENTAL LIST QUA OBJECTOR.
9. [Any of grounds 19 to 23 inclusive in Form 14.]
INVALIDITY OF SUPPLEMENTAL LIST GENERALLY.
10. [Any of grounds 24 to 51 inclusive in Form 14. See
sect. 46 (1), (3) and (5) of the Vol. (Metrop.) Act,
1869.]
SUPPLEMENTAL LIST NOT REQUIRED.
11. That no supplemental valuation list is required inasmuch
as no alteration has taken place in any of the matters
stated in the valuation list within the time indicated in
or within the meaning of sect. 46 of the Valuation
(Metropolis) Act, 1869.
(e) Doubtful objection.
NOTICE OF OBJECTION TO A PROVISIONAL VALUATION LIST. 1293
OBJECTOR'S HEREDITAMENT NOT ALTERED.
12. That the said hereditament numbered - - therein ought
not to be inserted inasmuch as, &c. [as in obj. 11, supra].
And I desire that the following correction be made in the
said list:
With respect to the hereditament numbered therein [here
specify corrections].
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
16. FOEM OF NOTICE of OBJECTION to a PROVISIONAL
VALUATION LIST before the ASSESSMENT COMMITTEE by
cm OCCUPIER.
To the Assessment Committee of the Union (/), in the county
of London, and to , their clerk, to the overseers ((7) of the
parish of - , in the said Union [or, in the cases mentioned in (/),
the said parish], to , surveyor of taxes (/&), and to - (),
of - , in the said parish.
I, &c. [as in Form 14 to following grounds, inserting pro-
visional before valuation list].
AMOUNT.
1. \Any of grounds 1 to 11 inclusive in Form 14.]
OMISSION.
2. IGround 12 in Form 14, adding although the value thereof
has increased [or, decreased] during the year.]
NOT SITUATED IN PARISH (/c).
3. [Ground 13 in Form 14.]
(/) Sec note (gr), p. 1282, ante.
(0) Sec note (h), p. 1282, ante.
(h) For the district in which the parish is situated.
(1) The occupier of the hereditament.
(&) Doubtful objection.
28 (2)
RATING.
CLAIMING PARTIAL EXEMPTION.
4. [Any of grounds 18 to 21 inclusive in Form 7.]
CLAIMING EXEMPTION.
5. [Any of grounds 8 to 17 inclusive in Form 7.]
NOT IN OCCUPATION.
6. That I am not in occupation of the hereditament numbered
therein.
OWNER NOT OCCUPIER LIABLE.
7. [Ground 17 in Form 14.]
INCORRECTNESS.
8. [Ground 18 in Form 14.]
INVALIDITY OF PROVISIONAL LIST QUA OBJECTOR.
9. [Any of grounds 19 to 23 inclusive in Form 14. Sed quart
as to ground 21 ().]
10. That my name ought to be struck out of the said list in
that no copy thereof as to so much as relates to the
hereditament numbered therein in my occupation
was served on me.
11. That, &c. [see obj. 10] in that no notice of the time for
hearing objections was served on me within the times
[or, in the manner, or, to the effect] prescribed by law.
INVALIDITY OF PROVISIONAL LIST GENERALLY.
12. That the said list sent to you, the said Assessment Com-
mittee, was not such a list as is required by the Valuation
(Metropolis) Act, 1869.
(7) Sect. 19 of the U. A. C. Act, 1862, probably does not apply to
provisional lists in the metropolis (see sect. 46 (3) of the Valuation
(Metropolis) Act, 1869).
NOTICE OF OBJECTION TO A VALUATION LIST.
No JURISDICTION TO MAKE LIST.
13. [Grounds 28 to 32 (except ground 31) inclusive in
Form 14.]
14. That you, the said Assessment Committee, had no juris-
diction to order the making of the said list in that the
overseers [or, borough council (m)~\ had not made default
within the meaning of the Valuation (Metropolis) Act,
1869, s. 47 (3), nor had any proper requisition been
made within the meaning of the said sub-section.
15. That there was no jurisdiction to make the said list in that
there had been no increase or decrease in the course of
the year in the value of any hereditament contained
therein.
FORM.
16. That the said list is not in the form prescribed by law.
NON-OBSERVANCE OF FORMALITIES.
17. That my name ought to be struck out of the said list in
that no notice as to the time and mode in which objec-
tions thereto might be made, accompanied, or was served,
as prescribed by the Valuation (Metropolis) Act, 1869,
s. 47 (3).
And I desire that the following corrections be made in the said
list with respect to the hereditament numbered therein [here
specify corrections].
Dated, &c.
Signed, &c.
[As in Form 14.]
17. FOEM OF NOTICE of OBJECTION to a VALUATION LIST
before the ASSESSMENT COMMITTEE by SURVEYOR of
TAXES (n).
To, &c. [as in Form 14].
I, , being surveyor of taxes for the district which includes
(w) See note (h), p. 1282, ante.
(n) Who may give notice. See definition of " surveyor " in sect. 4 of
the Valuation (Metropolis) Act, 1869.
Latest time for giving above notice. See note (/), p. 1281, ante.
1296
RATING.
the parish [or, parishes] of , in the - - Union, in the county
of , and being aggrieved by the valuation list thereof [or,
having reason to think that the said parish of - - is aggrieved,
by the valuation list thereof, or, by the valuation list of the said
parish of - ], do hereby give you notice of objection thereto on
the following grounds:
1. That the gross value of the hereditament numbered -
therein is too low.
2. That no duplicate of the said list was sent to me as pro-
vided by law (o).
And in my judgment the amount of the gross value of the said
hereditament is .
And I desire [as in Form 16].
Dated, &c.
Signed, &c.
\_As in Form 15.]
- Surveyor of taxes.
Office .
18. FOKM OF NOTICE of OBJECTION to a SUPPLEMENTAL
VALUATION LIST before the ASSESSMENT COMMITTEE by
a SURVEYOR of TAXES.
To, &c. [as in Form 14].
I, &c. [as in Form 17, inserting supplemental before valuation
list].
GROUNDS.
[Same as in Form 17.]
And in my judgment, &c. [as in Form 17].
And I desire, &c. [as in Form 16].
Dated, &c.
Signed, &c.
[As in Form 15.]
Surveyor of taxes.
Office .
(o) Doubtful objection.
NOTICE OF APPEAL AGAINST VALUATION LIST.
19. FORM OF NOTICE of OBJECTION to a PROVISIONAL
VALUATION LIST before the ASSESSMENT COMMITTEE by
a SURVEYOR of TAXES.
To the Assessment Committee of the - - Union (p), in the
county of London, and to - , their clerk, to the overseers (q)
of the parish of - , in the said Union [or, in the cases mentioned
in (r), the said parish], to - , surveyor of taxes (s), and to ,
of - , in the said parish.
I, &c. [as in Form 17, inserting provisional before valuation
list].
GROUNDS.
1. [Ground 1 in Form 17.]
2. That no copy of the said list was served on me as required
by sect. 47 (3) of the Valuation (Metropolis) Act, 1869.
And in my judgment, &c. \_as in Form 17].
And I desire, &c. [as in Form 16].
Dated, &c.
Signed, &c.
[As in Form 15.] - Surveyor of taxes.
Office .
1297
20. FORM OF NOTICE of APPEAL against VALUATION
LIST from the ASSESSMENT COMMITTEE to SPECIAL
SESSIONS (t) by OVERSEERS or BOROUGH COUNCIL (u) (x).
To the Assessment Committee of the - - Union (/), in the
(p] See note (g), p. 1282, ante. (q) See note (h), p. 1282, ante.
(r) See note (g), p. 1282, ante.
(s) Of the district in which the said parish is situated, if a different
person from the surveyor objecting.
(t) Special sessions cannot hear an appeal touching any matter with
respect to which notice of appeal to the London quarter sessions has been
served in the manner prescribed by the Valuation (Metropolis) Act, 1869,
s. 20. This probably means " served and subsisting as a valid notice."
If withdrawn, notice of appeal to special sessions (if in time) probably
could still be given.
() Valuation (Metropolis) Act, 1869, s. 19. The objection must have
first been taken before the Assessment Committee (see Form 11), and the
appeal only lies against a decision on the ground in objection 4 of Form 1 .
(x) Who may appeal. Overseers of any parish, so far as respects the
valuation list of such parish (Valuation (Metropolis) Act, 1869, s. 19).
(y) See note (g}, p. 1282, ante.
1298
RATING.
county of London, and to - , their clerk, to , surveyor
of taxes (z), and to - , of - , in the parish of - , in the
said Union.
We, , of - , and , of - , being overseers for the
said parish [or, in case the borough council acts as overseer (a), I,
, clerk to the borough council of the borough of - , in the
said county, in which borough is situate the said parish] feeling
aggrieved [or, which said council feels aggrieved] by a decision
of you, the said Assessment Committee, given on an objection
made by us \or, by them] to the valuation list of the said parish
before you on the - day of - , 19 , with respect to the
unfairness and incorrectness in the valuation of the heredita-
ment herein mentioned (6), hereby give you notice [or, hereby
on their behalf give you notice] that it is my [or, their] intention
to appeal from the said decision to the special sessions, to be
holden at , on the day of - , 19 .
And take notice that I desire the following correction to be
made in the said list with regard to the hereditament numbered
therein: [Here specify the correction desired.']
Dated the day of , 19.
Signed by and on behalf of the
above-named .
To what sessions. Special sessions must be held after November 30th,
and so that all appeals are determined before January 1st (Valuation
(Metropolis) Act, 1869, ss. 18 and 42 (10)). But in R. v. London JJ.,
[1893] 2 Q. B. 476, it was held that an appeal (to quarter sessions) could
be heard after the time fixed by the Act. Press of business caused by
the large number of appeals occasioned the delay in this case.
Latest time for giving notice. On or before November 21st in the same
year (Valuation (Metropolis) Act, 1869, s. 42 (9)). "Year" means the
twelve months commencing with April 6th and ending with the succeeding
April 6th (ib. s. 4).
(z) Valuation (Metropolis) Act, 1869, s. 33. It must be given to the
surveyor of the district to which the appeal relates. But it need not be
given to the surveyor when the appeal relates only to the rateable value
of any hereditament (/&.).
(a) See note (h), p. 1282, ante.
(6) Valuation (Metropolis) Act, 1869, s. 19. The objection must have
first been taken before the Assessment Committee (see Form 11), and the
appeal only lies against a decision on the ground in objection 4 of Form 1.
NOTICE OF APPEAL AGAINST VALUATION LIST.
21. FORM OF NOTICE of APPEAL against a SUPPLE-
MENTAL VALUATION LIST from the ASSESSMENT COM-
MITTEE to SPECIAL SESSIONS by OVERSEERS or BOROUGH
COUNCIL.
To, &c. [as in Form 20, inserting supplemental before valua-
tion list.]
And take notice [as in Form 20.]
Dated, &c.
Signed, &c.
[As in Form 20.]
1299
22. FORM OF NOTICE of APPEAL against VALUATION
LIST from the ASSESSMENT COMMITTEE to SPECIAL
SESSIONS by SURVEYOR of "TAXES (c) .
To, &c. [as in Form 20, omitting notice to the surveyor of taxes,
and adding and to the overseers (d) of the parish of , in the
said Union].
I, - , being a surveyor of taxes for the district in which
the said parish is situate, feeling aggrieved, &c. [as in Form 20].
And in my judgment the amount of the gross value of the
hereditament numbered - therein is .
And take notice, &c. [as in Form 20].
Dated, &c.
Signed, &c.
[As in Form 20.] Surveyor of Taxes.
Residing at .
(c) Valuation (Metropolis) Act, 1869, s. 19. The objection must have
been taken before the Assessment Committee, and the appeal must be
against a decision on either of grounds 1 and 2 only of Form 17.
Who may appeal. " Any surveyor of taxes, so far as respects the
valuation list of any parish in the petty sessional division " (Valuation
(Metropolis) Act, 1869, s. 19). This means a surveyor for the district
in which the parish against whose valuation list the surveyor is appealing
is situated, for the objection must first have been taken before the Assess-
ment Committee (sect. 19), and the surveyor for such district is the only
one who can make such objection (sect. 12).
To what, sessions. See note (x), p. 1298, ante.
Latest time for giving notice. Ib.
(d) See note (h), p. 1282, ante.
RATING.
23. FORM OF NOTICE of APPEAL against a SUPPLE-
MENTAL VALUATION LIST from the ASSESSMENT COM-
MITTEE to SPECIAL SESSIONS by SURVEYOR of TAXES (e).
To, &c. [as in Form 22, and inserting supplemental before valua-
tion list].
I, &c. [as in Form 22].
And in my judgment, &c. [as in Form 22].
And take notice, &c. [as in Form 20].
Dated, &c.
Signed, &c.
[As in Form 20.]
24. FORM OF NOTICE of APPEAL against a VALUATION
LIST from the ASSESSMENT COMMITTEE to SPECIAL
SESSIONS by a RATEPAYER (/).
To, &c. [as in Form 20].
I, - , being a ratepayer of the said parish feeling aggrieved
by a decision, &c. [as in Form 20].
And take notice, &c. [as in Form 20].
Dated, &c.
Signed, &c.
[As in Form 20.]
(e) See note (6), p. 1298, ante.
(/) Who may appeal. Any ratepayer of a parish, " so far as respects
the valuation list of such parish" (Valuation (Metropolis) Act, 1869,
ss. 19 and 33). As to owners, see Valuation (Metropolis) Amendment
Act, 1884. " Eatepayer " is defined by sect. 4 of the Valuation (Metropolis)
Act, 1869, as " every person who is liable to any rate or tax in respect of
property entered in any valuation list"; and by sect. 2 of the Valuation.
(Metropolis) Amendment Act, 1884, an owner or lessee liable to be assessed
is deemed the occupier for the purposes of the Act.
NOTICE OF APPEAL AGAINST VALUATION LIST.
25. FORM OF NOTICE of APPEAL agamst a SUPPLE-
MENTAL VALUATION LIST from the ASSESSMENT COM-
MITTEE to SPECIAL SESSIONS by a RATEPAYER (#) .
To, &c. [as in Form 20].
I, &c. [as in Form 24, inserting supplemental before valua-
tion list].
And take notice, &c. [as in Form 20].
Dated, &c.
Signed, &c.
[As in Form 20. J
26. FORM OF NOTICE of APPEAL against a VALUATION
or SUPPLEMENTAL VALUATION LIST from SPECIAL SES-
SIONS to the LONDON QUARTER SESSIONS by an OVER-
SEER, BOROUGH COUNCIL (h), RATEPAYER, or SURVEYOR
of TAXES (assuming that the Summary Jurisdiction Act,
1879, s. 31, does not regulate the procedure (f)).
To, &c. [as in Form 20. But if surveyor is appellant, add and
to the overseers (h) of the parish of - , in the said Union].
I, - [or, we], being a ratepayer [or, surveyor of taxes, or,
overseer or overseers of the said parish] of the said parish [or, if
a borough council is appellant, I, - , being clerk to the borough
council of the borough of - , in the county of London, in
which is situate the said parish], feeling aggrieved [or, which
said council feels aggrieved] by a decision of a court of special
sessions holden at - , in the said county, and given on the
day of - , 19 , whereby my [or, their] appeal [or, the
(gr) See note to Form. 24.
*(*) See note (A), p. 1282, ante.
(i) Who may appeal. " Any ratepayer and any surveyor of taxes, and
any overseer with the consent of the vestry of his parish, who may feel
aggrieved by ... any decision of special sessions, whether he was a party
or not" (Valuation (Metropolis) Act, 1869, s. 32). " Ratepayer " is defined
in sect. 4 (see note (/), p. 1300, ante).
To what sessions. Quarter sessions for the county of London.
Latest time for giving notice. On or before January 14th in the same
year (Valuation (Metropolis) Act, 1869, s. 42 (12)) as that in which the
list was made (sects. 4, 42 (1) and 46 (3)).
1302
RATING.
appeal of , of - ] from a decision of you, the said Assess-
ment Committee, given on the day of , 19 , on an
objection made by me [or, by me on behalf of the said council,
or, by [name of objector]] to the valuation [-or, supplemental
valuation] list for the said parish was dismissed [or, dealt with],
hereby give you notice [or, hereby on behalf of the said council,
or, if an overseer, with the consent of the vestry of the said;
parish (Jt)] that I intend to appeal against the said decision to
the quarter sessions for the county of London, to be holden at
, in the said county, on the - - day of , 19 . [// a
surveyor of taxes is appellant, insert here : And take notice that
in my judgment the amount of the gross value of the heredita-
ment numbered herein is . And further take notice
that I desire the following correction to be made in the said
list with regard to the hereditament numbered therein [here
specify the correction].']
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
(&) If the parish, is in the City of London. By sect. 4 (1) of the
London Government Act, 1899, the powers of every vestry " in the county
of London " cease to exist, and their powers and duties are transferred to
the borough council. Inasmuch as borough councils were created (by
sect. 1) for the county of London, "exclusive of the City of London,"
"county of London" in sect. 4 (1) is meant in this narrower sense.
Vestries in the City therefore retain their existence and powers. If the
borough council is appellant (see Form 20), "We, , being overseers,
&c.," and, of course, any reference to the consent of the vestry must be
omitted.
NOTICE OF APPEAL AGAINST VALUATION LIST. 1303
27. FORM OF NOTICE of APPEAL against a VALUATION
or SUPPLEMENTAL VALUATION LIST from SPECIAL SES-
SIONS to the LONDON QUARTER SESSIONS by an OVER-
SEER, BOROUGH COUNCIL (Z), RATEPAYER, or SURVEYOR
of TAXES (assuming that the Summary Jurisdiction Act,
1879, s. 31, as amended by the Summary Jurisdiction
Act, 1884, s. 4 and schedule, regulates the procedure}.
[See preceding form on a contrary assumption (m).]
To, &c. [as in Form 26], and to , clerk of the special ses-
sions (n) of the petty sessional division of - , in the county of
London, assembled at special sessions on the - - day of ,
19 , pursuant to the provisions of the Parochial Assessment
Act, 1836.
This is to give you and each and every of you notice that I,
being a ratepayer [or, surveyor of taxes, or, overseer of the said
parish] of the said parish [or, if a borough council is appellant,
I, , being clerk to the borough council of the borough of
, in the county of London, in which is situate the said parish],
being desirous of impugning the decision [or, which is desi-
rous, &c.] of the said special sessions given on the - day of
, 19 , by which my [or, their] appeal [or, the appeal of - ,
of ] from a decision of you, the said Assessment Committee,
given on the day of , 19 , on an objection made by
me [or, by them, or, by , of ] to the valuation [or, supple-
mental valuation] list for the said parish was dismissed [or, dealt
with], do intend [or, do intend on behalf of the said council, or,
if an overseer is appellant, with the consent of the vestry of the
said parish (o)], at the quarter sessions for the county of London,
(1) See note (7t), p. 1282, ante.
(ra) Who may appeal. See notes (a), p. 1266, and (i), p. 1301, ante.
The section referred to in the latter note probably confers a wider right
as enabling non-parties to appeal.
To what sessions. Quarter sessions for the county of London.
Latest time for giving notice. See note (), p. 1301, ante; and also
S. J. Act, 1879, s. 31 (2), which enacts that notice must be given " within
the prescribed time," or within a time therein denned. As the Valuation
(Metropolis) Act, 1869, prescribes a time, that prescribed in the S. J. Act,
1879, is inapplicable.
(n) So called in sect. 33 of the Valuation (Metropolis) Act, 1869.
(o) See note (g), p. 1282, ante.
RATING.
to be holden at , in the said county, on the day of - ,
19 , to appeal against the same, and that the cause and matter
of such appeal are: [Grounds of appeal as in Form 5, substituting
list for rate in ground 9.]
[// the appellant is a surveyor of taxes, add the words at the
<end of Form 26.]
And take notice that I desire that the following corrections
be made in the said list with regard to the hereditaments num-
bered - - therein. [Here specify corrections.]
Dated, &c.
Signed, &c.
[As in Form 26.]
28. FORM OF NOTICE of APPEAL against a VALUATION
LIST from the ASSESSMENT COMMITTEE to the LONDON
QUARTER SESSIONS by a RATEPAYER, SURVEYOR of T\M>,
OVERSEER, or BOROUGH COUNCIL (p).
To, &c. [as in Form 20, unless surveyor of taxes is appellant,
when add, To the overseers (q) of the parish of - , in the
said Union].
I, - - [or, we], being a ratepayer [or, surveyor of taxes, or,
overseer or overseers of the said parish] of the said parish [or, if
borough council is appealing, I, - , being clerk to the borough
council of the borough of - , in the county of London, in which
(p} Who may appeal. " Any ratepayer and any surveyor of taxes, and
any overseer with the consent of the vestry of his parish, who may feel
aggrieved by the decision of the Assessment Committee on an objection
made before them to which he was a party " (Valuation (Metropolis) Act,
1869, s. 32). " Katepayer " is defined in sect. 4 (see note (/), p. 1300,
ante'}.
To what sessions. The London quarter sessions, which must be held at
any time after February 1st in the year in which the list is made, so that
appeals may be determined by March 31st, except where a valuation list
or valuation is ordered under sects. 35 or 36 of the Valuation (Metropolis)
Act, 1869. If, however, it is impossible to hear all the appeals in the time
limited they may be heard after it has expired (R. v. London JJ ., [1893]
2 Q. B. 476).
Latest time for giving notice. On or before January 14th (Valuation
.(Metropolis) Act, 1869, s. 42 (12)).
(7) See note (ft), p. 1282, ante.
NOTICE OF APPEAL AGAINST VALUATION LIST.
is situate the said parish], feeling aggrieved [or, which said council
feels aggrieved] by a decision of you, the said Assessment Com-
mittee, given on an objection made by me [or, by them] to the
valuation' list of the said parish before you, on the day of
, 19 , whereby you [give the effect of the decision] hereby
[or, in the case of an overseer, hereby with the consent of the
vestry of the said parish] give you notice [or, hereby on behalf of
the said council give you notice] that it is my [or, their] inten-
tion to appeal from the said decision to the next quarter sessions
for the county of London, to be holden at - , in the said
county, on the day of - , 19 .
[// the appellant is a surveyor of taxes, add the words at the
end of Form 26.]
And take notice that I desire the following correction to be
made in the said list with regard to the hereditament numbered
- therein. [Here specify the correction.]
Dated, &c.
Signed, &c.
[As in Form 26.]
1305
29. FORM OF NOTICE of APPEAL against a SUPPLE-
MENTAL VALUATION LIST from the ASSESSMENT COM-
MITTEE to the LONDON QUARTER SESSIONS by a
RATEPAYER, SURVEYOR of TAXES, OVERSEER, or BOROUGH
COUNCIL (r).
'To, &c. [as in Form 28].
I, - , &c. [as in Form 28, inserting supplemental before
valuation list].
And take notice that in my judgment, &c. [Form 26 at end].
And take further notice, &c. [as in Form 28].
Dated, &c.
Signed, &c.
[As in Form 26.]
(r) See note (p), supra.
1306
RATING.
30. FORM OF NOTICE of APPEAL against a RATE to
QUARTER SESSIONS (s).
To the churchwardens and overseers of the parish of - , in
the county of [or, if the parish is outside the city of London,
To the borough council () of the borough of - , in the county
of London, in which is situate the parish of , and to - r
their clerk], and to , of - , in the said parish.
I, - , of - , in the said parish, being a person aggrieved
by a rate made for the reb'ef of the poor and for other purposes
chargeable thereon according to law, made on the - - day of
, 19 , and having material objections to the sums charged
to certain persons therein, give you notice of my intention to
appeal against the said rate to the next general quarter sessions
of the peace for the county of London [or, if in the City, see
note (s} below], to be holden at - , on the - - day of - ,
19 . And that the grounds of my appeal are as follow:
OMISSION, EXEMPTION, NON-OCCUPATION, &c.
1. [Any of grounds 12, 13, 14, 15, 16, 17 in Form 14, sub-
stituting rate for list where it occurs.]
ALTERATION IN LIST IMPROPERLY MADE.
2. That I am assessed at too great a sum in the said rate
in that the amount thereof is based on a valuation in the
valuation list improperly altered by the London County
(s) Who may appeal. See note (p), p. 1304, ante. By sect. 13 of the
Poor Kate Ass. & Coll. Act, 1869, owners made liable for rates have the
same right of appeal against the valuation list' and a rate as if they were
the occupiers.
To what sessions. If the parish is outside the City of London, to the
quarter sessions of the county of London. If within the City, to the
'' Court of the Lord Mayor and Aldermen of London."
Respite of appeal. See note (p), p. 1274, ante.
Latest time for giving notice. The fifteenth day before the first day of
sessions (Quarter Sessions Act, 1849, s. 1), i.e., fourteen clear days' notice,
the day of service and that of the first sitting of the sessions being excluded
(Liffin v. Pitcher, 1 Dowl. N. S. 767; McQueen v. Jackson, [1903J 2 K. B.
163).
() See note (7t), p. 1282, ante.
NOTICE OF APPEAL AGAINST A RATE. 1307
Sessions [or, special sessions for the petty sessional divi-
sion of , in the county of London] on an appeal
before them, on the day of , 19 (it).
CLAIM FOR OWNER'S COMMISSION.
3. [Obj. 9 in Farm 8.]
RATE NOT BINDING ON APPELLANT THOUGH OTHERWISE VALID.
4. That my name ought to be struck out of the said rate
inasmuch as my assessment therein is based on a valua-
tion list which is not binding on me because [here incor-
porate any of the grounds of objection numbered 19
to 23 inclusive in Form 14, omitting you the said].
5. That, &c. [as in obj. 3, supra] my assessment therein is
based on a valuation list which has not been amended
according to law in pursuance of a decision \_as in
obj. 10 in Form 2 (u)].
6. [Obj. 13 in Form 8.]
7. [Obj. 14 in Form 8.]
RATE BAD AS BASED ON AN INVALID VALUATION LIST.
8. That the said rate is not of any force as being based on
a valuation list invalid in that no duplicate was sent
to us, being overseers (a;) of the said parish, by the
Assessment Committee, as required by sect. 14 or
sect. 47 (7) of the Valuation (Metropolis) Act, 1869.
9. That, &c. [as in obj. 8] invalid in that it was not at the
time of the making of the said rate deposited in the
place appointed by law.
10. That, &c. [as in obj. 8] invalid inasmuch as [here incor-
porate any of objections 24 to 50 inclusive in Form 14,
omitting you the said. And in addition vide objec-
tions 28, 29, and 30, infra].
() Doubtful objection.
() See note (h), p. 1282, ante.
B. VOL. II. 29
1308 RATING.
No MEETINGS TO HEAR OBJECTIONS OR NOTICE THEREOF.
11. That, &c. [as in obj. 8] invalid in that no meetings to
hear objections thereto were held as required by law,
although due notice of objection was given.
12. [The same as obj. 11, supra, adding when re-deposited
after thereto.]
13. That, &c. [as in obj. 10] invalid in that no notice of a
meeting to hear objections to the said list when re-
deposited was published at the time or in the manner
required by law.
IMPROPER PROCEDURE ON REVISION BY ASSESSMENT COMMITTEE.
14. That, &c. [as in obj. 8, supra'] invalid in that the Assess-
ment Committee [incorporate any of the objections num-
bered 39 to 43 inclusive in Form 14, omitting you the
said].
15. That, &c. [as in obj. 8, supra] invalid in that the Assess-
ment Committee heard objections thereto after re-deposit
which were not objections to alterations made by them
therein before re-deposit (y).
LIST NOT DULY APPROVED.
16. That, &c. [as in obj. 8, supra] invalid in that the Assess-
ment Committee did not duly finally approve the said
list [add, if necessary, in accordance with the times and
manner prescribed by law].
TOTALS NOT FILLED IN.
17. That, &c. [as in obj. 8] invalid in that the totals of the
gross and rateable values of the said list were not filled
in by the Assessment Committee which approved the
said list.
(y) Sect. 42 (7) of the Valuation (Metropolis) Act, 1869, limits the
inquiry to objections " to the alterations." But in practice original objec-
tions are sometimes heard. This is probably a bad ground as far as
regards the invalidating of the whole list,
NOTICE OF APPEAL AGAINST A RATE.
No CERTIFICATE OF COMPLIANCE.
18. That, &c. [as in obj. 8] invalid in that no such certificate
of compliance as is required by sect. 14 of the Valuation
(Metropolis) Act, 1869, is attached to the foot of the
said list.
DUPLICATES NOT SENT.
19. That, &c. [as in obj. 8] invalid in that no duplicates of
the said list approved by the Assessment Committee
were sent out as required by law (z).
No DEPOSIT AND RETURN BY LONDON C.C.
20. That, &c. [as in obj. 8, supra] invalid in that the said list
as approved by the Assessment Committee, was not de-
posited and returned as required by sect. 16 of the Valua-
tion (Metropolis) Act, 1869 (z).
RATE BAD No JURISDICTION TO MAKE.
21. [Any of objs. 17 to 19 inclusive in Form 8.]
RATE DEFECTIVE IN FORM.
22. [Any of grounds 20, 21, 22, 24, 25, 26, and 27 of Form 8.]
23. That the declaration prescribed by sect. 73 and schedule 4
. of the Valuation (Metropolis) Act, 1869, was not duly
made and signed as therein required.
RATE BAD AS RETROSPECTIVE, OR PROSPECTIVE, OR EXCESSIVE.
24. [Grounds 28, 29, and 30 of Form 8.]
RATE BAD. MADE FOR UNAUTHORISED PURPOSE.
25. [Ground 31 in Form 8.]
RATE BAD FOR VARIOUS REASONS.
26. [Any of grounds 32 to 36 inclusive in Form 8.]
(z) Doubtful objection.
29 (2)
1809
1310 HATING.
APPEAL AGAINST RATING OF THIRD PERSON BASED ON INVALID
LIST.
27. That the assessment of you, the said , is too low, being
based on a valuation as altered by the Assessment Com-
mittee on an objection to the valuation list after re-
deposit, which was not an objection to an alteration
made by them therein before re-deposit (a) .
NAME ADDED AFTER RATE MADE.
28. That my name ought to be struck out of the said rate
inasmuch as it was inserted therein after it had beon
made and allowed.
PREMATURE, IMPROPER, OR NON-RETURN OF LIST.
29. That the said rate is not of any force as being based on a
valuation list which is invalid in that the Assessment
Committee did not send to the overseers (6) the said
list (c) and a copy thereof dated and signed by their
clerk as required by law.
30. That, &c. [see obj. 29, supra] Committee sent the said
list and the copy thereof before the time prescribed [or,
not dated and signed by your clerk, as required by law].
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
(a) See note (y}, supra. In view of the practice referred to it might
be difficult to sustain this objection.
(6) See note (h~), p. 1282, ante.
(c) This ground is applicable only if the list in question is a provisional
list.
NOTICE OF APPEAL AGAINST TOTALS.
31. FORM OF NOTICE of APPEAL to the LONDON
QUARTER SESSIONS agamst TOTALS (d).
To (e) - , surveyor of taxes (/), to the Assessment Committee
ui' the - Union, in the county of London (#), and to , their
clerk, and to the overseers (h) of the parish of - , in the said
Union.
(d) Who may appeal. " Any Assessment Committee in the metropolis,
or in the county (see Valuation (Metropolis) Act, 1869, s. 3), in which
the parish to which the appeal relates is situate; any overseers in the
metropolis or such county, with the consent of the vestry of their parish;
any ratepayer (by sect. 13 of the Poor Kate Ass. & Coll. Act, 1869, owners
made liable for rates have the same right of appeal against the valuation
list and a rate as if they were the occupiers) in the metropolis or such
county ; and any body of persons authorised by law to levy rates or require
contributions .payable out of rates in the metropolis or such county "
(Valuation (Metropolis) Act, 1869, s. 32).
Conditions precedent. As the appeal is consequent on alterations made
in individual assessments by sessions, &c., the appeal against totals cannot
be brought until these are finished, and therefore, as a consequence, out
of the time fixed, by the Valuation (Metropolis) Act, 1869, s. 42 (12).
The practice now followed is to grant leave to serve additional notices of
appeal (under sect. 34) out of time.
To what sessions. To the London County Sessions.
Latest time for giving notice. January 14th in the same year as that
in which the list was made (Valuation (Metropolis) Act, 1869, ss. 4 and
42 (1) (12); and see "Conditions precedent," supra}.
(e) Notice to individual occupiers is not necessary, as it was decided
in London County Council v. Assessment Committee of St. George's
Union, [1894] A. C. 600, that an appeal against totals could not be brought
on the ground of the under-valuation of individual hereditaments. Where
property is put into a provisional list as increased, totals are not affected
(Valuation (Metropolis) Act, 1869, s. 47 (11)). So where special sessions
alter a valuation (sect. 20). If quarter sessions alter a valuation there
is no express provision as in the case of alterations by special sessions;
but in R. v. Woolwich Union, [1891] 2 Q. B. 712, the rule was held to
be the same.
(/) Of the district to which the appeal relates (Valuation (Metropolis)
Act, 1869, s. 33).
(gr) The Committee which approved the list wholly or partly questioned
by the appeal (Valuation (Metropolis) Act, 1869, s. 33).
(h) Where an Assessment Committee is the appellant. When the over-
seers are the borough council the form will be:
" To the borough council of the borough of - , in the county
of London, in which borough is situate the parish of ."
1312 RATING.
I, - , of - - [see note (d) for who can appeal], being a
ratepayer of the parish of , in the county of - - [or, I, - ,
being clerk to the Assessment Committee of the - Union, in the
county of London; or, I, - , being clerk to the - - [insert
name of the public body]; or, We, - , being overseers of the
parish of , in the county of London, with the consent of the
vestry of the said parish [or, if a borough council is overseer, I,
, being clerk to the borough council of the borough of - ,
in the county of London, in which borough is situate the parish
of , omitting reference to the consent of the vestry], feeling
aggrieved [or, which feels aggrieved] for the reasons hereinafter
stated, hereby give you notice [or, hereby on their behalf give
you notice] that I [or, they] intend to appeal to the quarter
sessions for the county of London (a) against the valuation list
of the said parish of . And that the grounds of my [or, their]
appeal are:
1. That the total of the gross value of the said parish is too
high [or, too low].
2. That the total of the rateable value of the said parish is too
high [or, too low].
3. That there is no approved valuation list for the said parish
of .
And take notice that I [or, we] desire the following correction
to be made in the said list. [Here specify correction.]
Dated the - - day of , 19.
Signed by and on behalf of the
above-named .
(a) Omit the following words if the ground of appeal is that there is
no approved valuation list.
APPLICATION TO AMEND ERROR IN A RATE. 1313
32. FORM OF NOTICE of APPLICATION to JUSTICES or to
a MAGISTRATE to AMEND a CLERICAL or ARITHMETICAL
ERROR m a RATE, under sect. 71 of the Valuation
(Metropolis) Act, 1869 (6).
To - (e), overseers of the parish of - , in the - - Union,
in the county of London [or, see (c)], and to - (d), of - .
Take notice that I, , of , feeling aggrieved by a cer-
tain clerical [or, arithmetical] error in a rate made for the said
parish on the - - day of - , 19 , for the relief of the poor
and other purposes chargeable thereon according to law, in which
rate [here specify the error complained of, e.g., the rateable value
of the hereditament numbered - therein is set down at
instead of ], do intend to apply to two of His Majesty's
justices of the peace [or, to - , Esq., a Metropolitan Police
Magistrate], sitting at - , on the - - day of , 19 , that
the said rate may be amended by the alteration of the said amount
of to [or, as may be].
Dated the day of , 19 .
Signed by and on behalf of the
above-named .
(6) Who may appeal. Any person who feels aggrieved by reason of
the error.
Latest time for giving notice. Such notice as the justices may think
just. This will mean a reasonable notice.
(c) The overseers or person who made the rate (Valuation (Metropolis)
Act, 1869, s. 71). If the borough council is overseer their clerk signs the
rate, and the notice will be:
" To the borough council of the borough of , in the county
of London, in which borough is situate the parish of - , and
to , their clerk."
(d) To such persons as the justices or magistrates think fit. Apparently,
no summons is issued by the Court; the notice is given, and the ratepayer
appears or not, as he chooses. The question, therefore, as to the sufficiency
of the notice will only arise at the hearing.
1314 RATING.
33: FORM OF NOTICE by OVERSEERS or BOROUJH
COUNCIL of APPLICATION to JUSTICES as to OMISSIONS
from, or MIS-DESCRIPTIONS of PERSONS in a KATE, under
sect. 72 of the Valuation (Metropolis} Act, 1869 (e).
To - , of - - (/). Take notice that we, , of , and
, of - , being overseers of the parish of , in the -
Union, in the county of London [or, if the borough council is
overseer, Take notice that the borough council for the borough of
, in the county of London, in which borough is situate the
parish of - ], do intend to make application to two of Hie
Majesty's justices of the peace [or, to - , Esq., a Metropolitan
Police Magistrate], sitting at - , on the - - day of - ,
19 , that your name, as being that of a person liable to be rated
to a rate (g) made on the day of - , 19 , for the relief
of the poor and other purposes chargeable thereon according to
law, but omitted therefrom, be inserted therein [or, that a rate
made on the - - day of - , 19 , for the relief of the poor
and other purposes chargeable thereon according to law may be
corrected, in that you are incorrectly described therein as - .
And take notice that my application will be that the said incorrect
description be altered from to - - [or, that your correct
name as aforesaid be inserted] in the said rate].
Dated the - - day of , 19 .
Signed by and on behalf of the
above-named .
(e] Who may apply. The overseers of the parish to which the list
relates.
Latest time -for giving notice. The eighth day before that on which
the application is to be heard (Valuation (Metropolis) Act, 1869, s. 72).
(/) Insert the name of the person liable to be rated whose name is
omitted, or who is described in the rate by a wrong name.
(gr) This will depend on whether the person's name is inserted in the
valuation list; otherwise he is not "liable to be rated."
NOTICE OF APPEAL AS TO OMISSIONS. 1315
34. FORM OF NOTICE of APPEAL to QUARTER SESSIONS
against the DECISION of JUSTICES as to OMISSIONS, &c.
from RATE, under sect. 72 of the Valuation (Metropolis)
Act, 1869 (A).
To, &c. [as in Form 30, omitting notice to third person],
I, - , of , hereby give notice of my intention to
appeal to the quarter sessions for the county of London [or, if the
parish is in the City, to the court of the Lord Mayor and Alder-
men of London] sitting at - , on the - - day of , 19 ,
against a decision of - and - , two of His Majesty's justices
of the peace [or, of - , Esq., a Metropolitan Police Magistrate,
sitting at - ], given on the - - day of - , 19 , whereby
the said justices [or, the said magistrate] ordered my name to be
inserted in the rate made for the said parish on the day of
, 19, for the relief of the poor and other purposes chargeable
thereon according to law [or, whereby the said justices [or, the
said magistrate] altered my name set down as - therein to
as it now appears therein].
And take notice that the grounds of my appeal are:
As TO ALTERATION OF NAME.
1 . That my name is not - , as now set down in the said rate
in consequence of the said decision.
As TO INSERTION IN THE RATE.
2. [Any of grounds in Form 30 appropriated]
NOT LIABLE TO BE RATED.
3. Thai 1 am not liable to be rated to the said rate within the
meaning of the Valuation (Metropolis) Act, 1869,
s. 72, inasmuch as my name does not appear in the
valuation list upon which the said rate is based.
(h) Who may appeal. The person whose name is altered or inserted.
To what sessions. To the quarter sessions holden next after such inser-
tion or correction (Valuation (Metropolis) Act, 1869, s. 72).
Latest time for giving notice. See note (s), p. 1306, ante.
RATING.
No JURISDICTION TO INSERT NAME.
4. That the court which gave the said decision was not properly
constituted (&).
Dated the - - day of , 19.
Signed by and on behalf of the
above-named .
III. OUTSIDE AND INSIDE THE METROPOLIS.
35. FORM OF NOTICE of APPEAL to QUARTER SESSIONS
against the GRANT of a CERTIFICATE of EXEMPTION
under the Scientific Societies Act, 1843 (fe).
To - , secretary [or, clerk] to the - - [name of the society},
at [address of society]. Take notice that I [or, we], being
assessed to a rate made on the day of , 19 , for the
relief of the poor and other purposes chargeable thereon accord-
ing to law [or for any other purpose for which the rate may be
made, if a county, borough, parochial rate or cess] as to which
() E.g., only one justice adjudicated.
(&) Who can appeal. " Any person or persons assessed to any rate
from which any society shall be exempted by the Act" (i.e., the Scientific
Societies Act, 1843).
Conditions precedent. Only those grounds set forth in the notice can
be dealt with (Scientific Societies Act, 1843, s. 6).
To what sessions. To the quarter sessions for the county or borough
where the land or buildings of the society shall be situated (Scientific
Societies Act, 1843, s. 5).
Latest time for giving notice. "Twenty-one days previously to the
sitting of the Court" (Scientific Societies Act, 1843, s. 6).
Time within which the appeal must be brought. " Within four calendar
months next after the first assessment of such rate made after such certifi-
cate shall have been filed as aforesaid, or within four calendar months
next after the first assessment of such rate made after such exemption
shall have been claimed by such society " (Scientific Societies Act, 1848,
s. 6). Notice of the granting of the certificate to the makers of the rate
and to the collector was held to be a " claim for exemption," in R. v.
Pocock, 8 Q. B. 729. " [It means bringing the claim] to the knowledge
of the other ratepayers" (Lord Denman, C. J., at p. 740).
APPEAL AGAINST GRANT OF A CERTIFICATE OF EXEMPTION. 1317
rate you. have obtained a certificate of exemption under the pro-
visions of the Scientific Societies Act, 1843, do intend to appeal
to the quarter sessions of the peace (1) for the county of -
[or, for the borough of - , in the county of - ], to be holden
at - , in the said county [or, borough], against the grant of the
said certificate by the Central Office of the Registry of Friendly
Societies. And that the grounds of my appeal are:
JURISDICTION.
1. That the said Central Office which purported to grant the
certificate was not properly constituted according to the
provisions of sect. 1 (1) of the Friendly Societies Act,
1896 (m).
2. That the said Central Office had no jurisdiction to grant the
said certificate inasmuch as the provisions of the Scien-
tific Societies Act, 1843, s. 2, and the Friendly Societies
Act, 1896, ss. 1 and 2, with respect to the submission
to the said Central Office of copies of all laws, rules, and
regulations for the management of the said society,
signed and countersigned as directed, have not been
complied with.
NOT IN FACT GRANTED.
3. That the document which purports to be a certificate of
exemption, granted by the said Central Office, was not in
fact granted as such by the said office or at all.
FORM.
4. That the certificate was not given in the form prescribed
by sect. 2 of the Scientific Societies Act, 1843 (n).
(Z) And if in the metropolis, outside the City,
"for the county of London."
If within the City,
11 appeal to the court of the Lord Mayor and Aldermen of
London."
(TO) Which enacts that " the chief registrars and assistant registrars
. . . shall . . . constitute the Central Office."
(n) I.e., on each of the three copies submitted.
RATING.
No ALLOWANCE.
5. That the said certificate was not allowed and confirmed by
the recorder of the proper court of quarter sessions for
the place where the said property is situate in the
manner prescribed by the Scientific Societies Act, 1843.
NON-OBSERVANCE OF FORMALITIES.
G. That the copy of the laws, rules and regulations of the
said society, with the certificate of the said Central OHice
indorsed thereon, is not filed as provided by sect. 2 of the
Scientific Societies Act, 1843 (o).
NOT IN OCCUPATION, NOR TENANT NOR OWNER.
7. That the said society is not in occupation of the said pro-
perty.
8. That the said society is neither tenant nor owner of the
said property (p).
NOT OCCUPYING FOR PURPOSES OF SOCIETY.
9. That the property in respect of which the said exemption
is claimed is not occupied by the said society for the
transaction of its business, or for carrying into effect its
purposes.
NOT WITHIN PURVIEW OF THE ACT.
10. That the said society was not constituted for the pur-
poses of science [or, literature, or the fine arts] exclu-
sively, within the meaning of the said Act.
11. That the said society is not supported either wholly or in
part by annual voluntary contributions.
12. That the said society has made and does make a dividend
[gift, division, or bonus] unto or between its members
or some of them.
13. That the said society has not by its laws prohibited the
(o) Doubtful objection,
(p) I.e.. is a trespasser.
APPEAL AGAINST GRANT OF A CERTIFICATE OF EXEMPTION.
making of a dividend, gift, division, or bonus unto or
between its members or any of them (q).
Dated the - - day pf , 19.
Signed by and on behalf of the
above-named .
1319
36. FORM OF NOTICE of APPEAL to QUARTER SESSIONS
against the GRANT of a CERTIFICATE of EXEMPTION
under the Scientific Societies Act, 1843, on an ALTERA-
TION of RULES (V).
To, &c. [as in Form 35 to Friendly Societies], after certain altera-
tions in the rules, laws, and regulations of the said society affect-
ing and relating to the property and constitution thereof,
certifying, &c. [as in Form 35].
JURISDICTION.
1. [Ground I in Form 35.]
2. That the said Central Office had no jurisdiction to grant the
said certificate in that the said society at the time of
the said alterations was not lawfully exempt from the
said rate, the certificate [purporting] to confer such
exemption not having been properly [or, in fact] ob-
tained (s) on the ground that [incorporate any of the
grounds in Form 35 applicable].
(q) Sect. 1. There must be a direct prohibition; it is not sufficient
that the laws contain nothing to warrant such a division, &c. (ft. v. Jones,
8 Q. B. 719).
(r) A separate form is given for this appeal, as it is, perhaps, arguable
that a new exemption is conferred on the grant of this certificate. On
the alteration being made, the original exemption would (by implication)
seem to lapse, but for the concluding words of sect. 3, which continue
the exemption up to the grant or refusal of a certificate on the alterations;
a refusal terminating the exemption altogether; a grant conferring a
newly commencing exception. But more probably the second certificate
merely continues the exemption conferred by the first, and there is no
appeal at all against its grant. As to who can appeal, &c., see note (As),
p. 1316, ante.
(s) Probably not a good ground, as the original certificate is good until
appealed against. It is inserted here as it is clear from sect. 3 that the
1320 RATING.
3. That the said Central Office had no jurisdiction to grant
the said certificate, the said alterations not having been
submitted to it within the time prescribed by law.
4. That the said Central Office had no jurisdiction to grant the
said certificate in that the said alterations were not sub-
mitted to it as prescribed by sect. 3 of the Scientific
Societies Act, 1843, and sects. 1 and 3 of the Friendly
Societies Act, 1896.
NOT IN FACT GRANTED.
5. [Ground 3 in Form 35.]
FORM.
6. [Ground 4 in Form 35.] ().
No ALLOWANCE.
7. [Ground 5 in Form 35.] (u).
NON-OBSERVANCE OF FORMALITIES.
8. [Ground 6 in Form 35.]
NOT IN OCCUPATION, NOR TENANT NOR OWNER.
9. [Ground 7 in Form 35.]
10. [Ground 8 in Form 35.]
NOT OCCUPYING FOR PURPOSES OF SOCIETY.
11. [Ground 9 in Form 35.]
NOT WITHIN PURVIEW OF THE ACT.
12. [Grounds 10 to 13 inclusive in Form 35.]
Dated, &c.
Signed, &c.
[As in Form 35.]
society which, on alteration of rules, submits them for certification, must
he a society already possessing a certificate, i.e., a valid one.
(<) I.e.. on the copy of the alterations (Scientific Societies Act, 1843,
ss. 2 and 3). Nothing is said as to the number of these copies.
() Doubtful objection.
VALUATION LIST IN A PARISH.
1321
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RATING.
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VALUATION LIST ( INSIDE METROPOLIS).
39. FOEM OF YALTJATION LIST in a Parish (Inside Metropolis) where there is no AGRICULTURAL LAND.
(Yal. (Metrop.) Act, 1869, s. 51, and Sched. II.)
Valuation List for [the Parish or Place for which the List is made\ in the Metropolitan Union of [or " not
being in union "] in the County of .
yfj[Batf SB
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B. VOL. II.
1324
RATING.
40. FORM OF VALUATION LIST in a Parish (Inside Metropolis) where there is AGRICULTURAL LAND.
(Agric. Rates Order, 1896, Art. XVIII. (3), Sched. W2.)
SCHEDULE W2.
Form of Valuation List in Parishes in Metropolis in which there is any Agricultural Land as Defined by the
Agricultural Rates Act, 1896.
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RATE FOE A PARISH OUTSIDE METROPOLIS.
1325
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1326
RATING.
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RATE FOR A PARISH INSIDE METROPOLIS.
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1328
RATING.
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RELEASES. 1329
RELEASES.
1. MUTUAL RELEASE of all CLAIMS by Two PERSONS (a).
THIS INDENTURE, made the - - day of - 19,
BETWEEN [A. B.], of, &c., of the one part, and [p. D.], of, &c., Parties,
of the other part, WITNESS ETH, that each of them the said Release.
[A. B.] and [>C. D.] hereby releases the other of them, his heirs,
executors, administrators, and assigns, and his and their estates
and effects, from all sums of money, accounts, actions, proceed-
ings, claims, and demands whatsoever, for or by reason or in
respect of any act, cause, matter, or thing whatsoever, up to the
day of the date of these presents. [PROVIDED ALWAYS, that Proviso that
1 V 11
nothing herein contained shall extend to release the said [C. D.], no t extend to
his heirs, executors, administrators, or assigns, or his or their claims of
estates or effects, from any claim or demand which the said executor (A).
[A. B.], as executor of the will of [-E. F.], of, &c., deceased,
now has, or hereafter may have against the said [C. D.] in re-
spect of any accounts or transactions between the said [C. D.]
and the said [E. F.], deceased.]
IN WITNESS, &c.
2. MUTUAL RELEASE of all CLAIMS between a PARTNER-
SHIP FIRM and an INDIVIDUAL (c).
THIS INDENTURE, made the - - day of , 19,
BETWEEN [partners], all of , merchants and co-partners, of Parties.
the one part, and [A. B.], of, &c., of the other part, WITNES-
^(o) Where a release is intended to be general, it is better to avoid
introducing recitals specifying particular transactions between the parties,
as such recitals have frequently been held to operate so as to restrict or
control the effect of the instrument.
(6) This proviso may be inserted if it is intended that this release shall
not extend to claims by one of the parties against the other in a repre-
sentative character.
(c) See note (a), supra.
1330
RELEASES.
SETH, that the said co-partners do, and each of them doth hereby,
Release. release the said [A. B.], his heirs, executors, administrators, and
assigns, and his and their estates and effects, And the said
[A. B.] doth hereby release the said co-partners, and each of
them, and the heirs, executors, administrators, and assigns, and
estates and effects of them, and of each of them, from all sums
of money, accounts, actions, proceedings, claims, and demands
whatsoever, for or by reason or in respect of any act, cause,
matter, or thing whatsoever, up to the day of the date of these
presents.
IN WITNESS, &c.
Parties.
Recitals:
between the
of agreement
expenses and
divide profits
proportions;
3. MUTUAL RELEASE of all CLAIMS by THREE PERSONS,
where a PARTICULAR TRANSACTION is RECITED.
THIS INDENTURE, made the
day of
19
of ascertained
oTnetTprofits
divisible ;
BETWEEN [A. B.], of, &c., of the first part; [C. D.J of, &c., of
the second part; and [E. F.] of, &c., of the third part: WHEREAS
^ e P^ies hereto have recently been jointly engaged and inte-
rested in an undertaking for the construction of, &c. [describe.
nature of undertaking], under an agreement dated, &c., and made
between the said [A. B.], of the one part, and [X. Y.], of, &c.,
of the other part, and several questions have arisen as to the
rights and liabilities of the parties hereto as between themselves
in respect of the said undertaking: AND WHEREAS, for the settle-
men t f 8uc h questions, it was agreed that the costs and expenses
of the said undertaking should be borne and paid by the parties
hereto in the shares and proportions following, that is to say,
three equal sixth shares thereof by the said [A. B.], two equal
sixth shares thereof by the said [C. D.], and the remaining one
equal sixth share thereof by the said [E. F.], and that they
should share the profits of the said undertaking (if any) in the
same proportions: AND WHEREAS an abstract of the receipts and
expenditure in respect of the said undertaking is set forth in the
schedule hereunder written, whereby it appears that the net profits
divisible in the proportions agreed upon as aforesaid amounted
to 600Z., and accordingly such amount has been distributed among
and received by the several parties hereto in the proportions or
sums following, that is to say, the sum of 300Z. by the said
RELEASES. 1331
[A. B.], the sum of 200Z. by the said [C. D.], and the sum of
100Z. by the said [E. F.], as the parties hereto respectively
acknowledge: AND WHEREAS there have been divers other accounts, O f other
dealings, and transactions between the parties hereto, all of which t 118 * * 10118 -
have been adjusted and settled: NOW THIS INDENTURE Tettatum.
WITNESSETH, that in consideration of the premises, each of Release,
them the said [A. B.], [C. D.], and [E. F.] doth, and every
two of them do hereby release the others, and each of the others
of them, and their and his heirs, executors, administrators, estates
and effects, from all sums of money, accounts, actions, proceed-
ings, claims and demands whatsoever, which any ojie or any two
of them the said [A. B.], [C. D.], and [E. F.], now has, or
at any time heretofore has had, or may have had, against the
others or either of the others of them, for or by reason or in
respect of any act, cause, matter, or thing whatsoever, to the
date of these presents.
IN WITNESS, &c.
THE SCHEDULE ABOVE REFERRED TO.
4. RELEASE from CREDITOR to DEBTOR on RECEIVING a
SUM of MONEY in SATISFACTION of DISPUTED CLAIMS.
THIS INDENTURE, made the - - day of , 19,
BETWEEN [releasor], of, &c., of the one part, and [releases], of, Parties.
&c., of the other part: WHEREAS the said [releasor] has from Recitals:
time to time, during several years past, advanced various sums
of money to or on the account of the said [releasee] ; and certain O f dealings
other dealings and transactions have taken place between them, between the
by means whereof the said [releasee] became indebted to the said
[releasor] in a considerable sum of money: AND WHEREAS the disputed
said [releasor] made certain claims and demands against the said CJ
[releasee], by reason of the transactions aforesaid, the validity
of some part of which claims and demands was denied by the
said [releasee]', in consequence whereof disputes and differences
arose between the said parties respecting the same: AND WHEREAS, agreement to
for the purpose of terminating and adjusting such disputes and
differences, it was lately agreed between the said [releasor] and payment of a
[releasee], that the said [releasee] should pay to the said [releasor] money.
1382
RELEASES.
Testatum.
In considera-
tion of a
sum of money,
creditor
releases
all claims
to debtor.
the sum of 500Z., in full satisfaction and discharge of all claims-
and demands whatsoever; and that on receiving the same, the-
said [releasor] should execute to the said [releasee] such release
as is hereinafter contained: NOW THIS INDENTURE WIT-
NESSETH, that, in pursuance of the said agreement, and in
consideration of the sum of 500Z. now paid by the said [releasee]
to the said [releasor] (the receipt of which sum he the said
[releasor] hereby acknowledges), he the said [releasor] hereby
releases the said [releasee], his heirs, executors, and adminis-
trators, from all and all manner of sums of money, debte,
accounts, actions, proceedings, claims, and demands whatsoever,
which he the said [releasor] now has, or which he, his heirs,,
executors, or administrators, but for these presents, could, would,
or might, at any time or times hereafter, have, upon or against
the said [releasee], his heirs, executors, or administrators, for or
by reason or on account of any matter, cause, or thing Avhatso-
ever, up to and inclusive of the day of the date of these presents.
IN WITNESS, &c.
Parties.
Recitals :
of will;
5. RELEASE of all DEMANDS from a RESIDUARY LEGATEE,
after ATTAINING the AGE of TWENTY-ONE YEARS, to
EXECUTORS and TRUSTEES.
THIS INDENTURE, made the
day of
19-
BETWEEN [legatee], of, &c., and [executors], of, &c.: WHEREAS-
[testator], late of , by his will, bequeathed unto his
sister [A. S.], and her assigns, during the residue of his term
in the leasehold property therein mentioned, if she should so-
long live, an annuity of 30L, and charged the same property
therewith; And bequeathed to his partner [R. T.] all his house-
hold goods, plate, linen, and furniture, on condition that the
money which would become payable by the said [R. T.] for the
said testator's interest in their stock in trade, should be paid
by four equal payments, at the end of the first six, twelve,
eighteen, and twenty-four calendar months, from the day of his
decease; And gave the residue of his personal estate (subject to-
various legacies), unto the said [executors], their executors,
administrators, and assigns, in trust for the maintenance of the-
said [legatee], his nephew (then of the age of thirteen years), until
RELEASES.
he should attain his majority; and then, in trust for the said
[legatee], his executors, administrators, and assigns; AND of probate and
WHEREAS the said will was proved on the day of - , in the of annuity :
District Registry at of the Probate Division, by the said
[executors], the executors therein named, who have paid the said
annuity of 30Z. up to Lady day last past, inclusive, and have
paid all the debts and funeral and testamentary expenses of the
said testator: AND WHEREAS, the said [legatee] having attained of assignment
the ago of twenty-one years, the said [executors] have this day
assigned unto him the said leasehold property (but subject to the
said annuity), and have delivered to him all deeds and writings
relating thereto which were in their custody or power; AND of settlement
WHEREAS the said [executors] have this day stated and settled
with the said [legatee] a true, full and particular account in writ-
ing of and concerning all their payments, receipts and disburse-
ments, as such trustees and executors as aforesaid, up to this
day, so far as he is interested therein; which account has been
signed by the said [legatee], And by the said account there appears
to be due to the said [legatee] in respect of the said residue the
sum of 5,OOOL ; AND WHEREAS the said [executors] have duly O f payment
paid to the said [legatee] the sum of 4,8501., being the amount of f residue,
the said residue after deducting therefrom 150Z., for legacy duty legacy duty,
thereon at the rate of 3Z. per centum; NOW THIS INDEN- Testatum.
TURE WITNESSETH, that, in consideration of the premises, Release,
the said [legatee] hereby releases unto the said [executors] and
each of them, all actions, proceedings and causes of action or
proceeding, claims and demands whatsoever by virtue of the will
of the said testator, or in respect of his real or personal estate,
AND the said [legatee] hereby covenants with the said [executors] Covenant of
to indemnify them, and each of them, their heirs, executors and mdenmit y-
administrators, and all other persons whomsoever, from all suc-
cession duty payable in respect of the said leasehold heredita-
ments, and from all responsibility in respect of such assignment
and payment respectively.
IN WITNESS, &c.
1334
RELEASES.
Parties.
Recitals:
of will ;
of probate ;
of appoint-
ment of new
trustee ;
that trustees
have carried
on testator's
trade:
of incapacity
of two of the
cestuin que
trust.
Testatum.
Authority to
trustees
to carry
on trade ;
6. RELEASE and INDEMNITY by some of the PERSONS
beneficially INTERESTED under a WILL, to the TRUSTEES
CARRYING ON the TESTATOR'S TRADE Without AUTHORITY.
THIS INDENTURE, made the
day of
19-
BETWEEN [A. B.], of, &c., and [E.], his wife, and [J. B.], of,
&c., of the one part, and [P. B.], [S. B.], and [J. L.] (the
trustees'), of, &c., of the other part: WHEREAS [testator], by his
will, gave all his real and personal estate unto and to the use of
the said [P. B.], [S. B.], and TM. N.], their heirs, executors,
administrators, and assigns, upon trust for sale and conversion,
and, after payment of his debts and legacies, upon trust to pay
one equal fifth part of the residue of the produce of his said
estate unto his sister, the said [E. B.], for her separate use, one
other fifth part unto his brother [G. B.], the like unto his brother,
the said [J. B.], the like unto the said [P. B.] (one of the
trustees'), and the like unto his niece [S. M.], if she should attain
her majority, but if she should die under age, then equally among
such of the said [E. B.], [G. B.], [J. B.], and [P. B.], as should
then be living, the share of the said [E. B.], to be for her separate
use: AND WHEREAS the said will was proved at - , on the
day of , by the said [P. B.], and [S. B.], the surviving
executors therein named; And the said [J. L.] was, on the -
day of - , duly appointed to be a trustee under the said will,
in the room of the said [M. N.]: AND WHEREAS the goodwill of the
trade of a , carried on by the said testator until his death,
has been carried on by the said [P. B.], and [S. B.], and is
intended to be carried on by the said trustees until the same can
be advantageously sold; but it is apprehended that the said will
does not authorise the said trustees to carry on the said trade,
or in other respects to act to the best advantage in disposing of
the said trust property: AND WHEREAS the said [S. M.] is of
the age of sixteen years, and the said [G. B.] is not of sound,
mind: NOW THIS INDENTURE WITNESSETH, that, in
consideration of the premises, each of them, the said [A. B.],
and [E.], his wife, [J. B.], and [P. B.] (one of the trustees),
hereby declares that it shall be lawful for, but not incumbent,
on, the said [trustees], and other the trustees or trustee for the
time being under the said will, to carry on the said trade, and do
all usual acts for that purpose until they or he shall receive
RELEASES. 1335
from the said [E. B.] and [J. B.], or either of them, or the
executors, administrators, or assigns, of either of them, or of the
said [P. B.], notice in writing to discontinue the same: AND to do such
to do such acts in carrying on the said business, or in relation competent
thereto, and to sell, demise, and deal with the said real and per- eettms qw
sonal estate of the said testator, or any part thereof, at such time authorise.
or times, and upon such terms, on credit or otherwise, as shall
from time to time be authorised in writing by the said [A. B.],
and [E.], his wife, [J. B.], and [P. B.], or any one or more of
them: PROVIDED that the authority so to be given, and the follow- Each ccstm
ing release and covenant for indemnity against the consequences of * *
any acts done in pursuance of such authority, shall not have any such acts only-
operation against, or be binding upon, any of the said parties authorise.
hereto, or his or her property or interest, except so far as he or
she individually may have given such authority; AND the said Release
[A. B.], and [E.], his wife, and [J. B.], hereby release the said &&,. ***
[trustees], and each of them, his heirs, executors, and adminis-
trators, from all 'present and future trusts, actions, proceedings,
and claims against them or any of them, on account of the said
trade having been so carried on as aforesaid, or of any involun-
tary loss which has been or may be sustained in the said trade,
or by reason of anything to be done in pursuance of such autho-
rity as aforesaid: AND the said [A. B.], and [E.], his wife, Covenant
and [J. B.], jointly and severally covenant with the said [trustees] of lndemmt y-
jointly and severally, And the said [P. B.] covenants with the
said [S. B.] and [J. L.], jointly and severally, that the said
covenanting parties respectively, and their respective heirs, execu-
tors, and administrators will at all times indemnify the said
[trustees] respectively, and their respective heirs, executors,
administrators, and assigns against all losses and liabilities con-
sequential on such trading as aforesaid, or on any acts to be done
in pursuance of these presents or of such authority as aforesaid;
And that the said trustees or trustee for the time being may Trustees to b&
retain, or allow or pay to their or his co-trustee or co-trustees, or ln( leinmfied
. J out of the
to the representatives of any deceased trustee, out of the respec- shares of the
tive shares of the said covenanting parties in the said trust pro-
perty, compensation for all such losses as they or he may sustain
as aforesaid, and that such compensation shall be a specific charge
on such shares, in priority to all other charges.
IN WITNESS, &c.
1336
RELEASES.
of intent to
release claim
to void
bequest.
Testatum.
Release.
7. RELEASE by RESIDUARY LEGATEES of their SHARES in
a LEGACY, in CONFIRMATION of a GIFT void for REMOTE-
NESS.
THIS INDENTURE, made the
day of
19-,
Parties.
R*cital.s :
of will, death
of testator,
Ac.;
of state of
family ;
of question as
to validity of
bequest;
BETWEEN [A. B.], of, &c., and [C. D.J, of, &c., of the one part,
and [Y. Z.], of, &c., and [X. Z.], of, &c., of the other part
[recitals stating will bequeathing 10,OOOL to [W. Z.^\ -for life,
with remainder to his wife [F. Z.~], for her life, with remainder
to their children absolutely in equal shares, to vest at 25 years of
age, giving residuary personal estate to \_A. B.] and [C. D.], and
appointing them executors; death of testator and probate of his
will]: AND WHEREAS the said [V. Z.] died on the - - day of
, 19 , leaving her two only children, the said [Y. Z.] and
[X. Z.] her surviving; AND WHEREAS it is apprehended that the
gift contained in the said will of the said [testator] in favour of
the children of the said [W. Z.] and [V. Z.] was void for remote-
ness, and consequently that the reversion immediately expectant
on the death of the survivor of the said [W. Z.] and [V. Z.] in
the said sum of 10,OOOL became vested in the said [A. B.] and
[C. D.] as the residuary legatees under the said will; AND
WHEREAS the said [A. B.] and [C. D.], being desirous of effectuat-
ing the intention of the said testator in regard to the reversion
expectant as aforesaid in the said sum of 10,OOOL, have deter--
mined and agreed to assign and release their respective shares
and interests of and in the same sum, and the stocks, funds, shares,
and securities in or upon which the same may be invested, and
the dividends, interest, and annual produce thereof, unto the said
[Y. Z.] and [X. Z.], in manner hereinafter appearing: NOW
THIS INDENTURE WITNESSETH (d), that, in pursuance
of the said agreement, and in consideration of the premises, they,
the said [A. B.] and [C. D.], do, and each of them doth hereby
assign and release unto the said [Y. Z.] and [X. Z.], and their
respective executors, administrators, and assigns, all the parts,
shares, and interests of them the said [A. B.] and [C. D.] respec-
(d) If a married woman is the recipient, it is not now in any case
necessary for her husband to concur in the deed. But where a release
is to be given by a woman, who was married and whose interest " accrued "
before 1883, it will be necessary to make her husband a party and to
express the release to be made by him as well as the wife.
RELEASES. 1337
lively, and each of them, of and in the said sum of 10,OOOL
bequeathed as aforesaid by the said will of the said [testator], and
the stocks, funds, shares, and securities, in or upon which the
same may be invested, and the interest, dividends, and annual
produce thereof (e), To HOLD the said funds, shares, and interests,
-and all other the premises hereinbefore assigned and released unto
the said [Y. Z.] and [X. Z.], and their respective executors,
administrators, and assigns, as tenants in common, To THE INTENT
that the said sum of 10,OOOL, and the stocks, funds, and securities
in or upon which the same may be invested, and the interest,
dividends, and annual income thereof may henceforth, subject
to the life interest of the said [W. Z.] therein under the
said will of the said [testator], be absolutely vested in the said
[Y. Z.] and [X. Z.] in equal shares as tenants in common as
aforesaid, for their own absolute use and benefit.
IN WITNESS, &c.
8. RELEASE to a RETIRING TRUSTEE of a SETTLEMENT.
THIS INDENTURE, made the - - day of -, 19,
BETWEEN [A. B.], of, &c. [C. D.], of, &c., and [ ; E. D.], his Parties,
wife (formerly [E. B.]), and [F. G.] (formerly [F. B.]), widow
(being certain of the persons entitled, under an indenture of settle-
ment, dated the - - day of - , and made between [parties] to
the property therein comprised), of the one part, and [trustee],
of, &c. (who has lately retired from the trusts of the said inden-
ture), of the other part, WITNESS ETH that the parties hereto Testatum.
of the first part do, and each of them doth hereby release the said Release:
[trustee] from all claims and demands which may or might be ^P 1 a11
. . claims on
made against the said [trustee] by such parties, or any of them, account of
for or on account of any act, matter, or thing done, omitted or trust8;
suffered by the said [trustee] in or about the execution of the
trusts of the said indenture, and particularly from all actions, and from
proceedings, accounts, claims and demands for or on account of breaches
[describe particular breaches of trust], and they do hereby jointly of trust -
and severally covenant with the said [trustee] that they or some indemnity.
(e) No power of attorney is now necessary, provided notice is given to
the executors (see Judicature Act, 1873 (36 & 37 Viet. c. 66, s. 25 (6)).
EELEASES.
or one of them, or the executors or administrators of them or
some or one of them, will or shall at all times hereafter sufficiently
keep indemnified the said [trustee] and his estate from and against
all actions, proceedings, accounts, claims, and demands which may
be instituted or made against the said [trustee'], his executors or
administrators, by any trustee of or person interested under the
said indenture of settlement, and not being a party hereto, for
or on account of, or in anywise in relation to, any of the matters
hereinbefore mentioned.
IN WITNESS, &c.
9. EEL EASE of ONE of SEVERAL JOINT DEBTORS, with
RESERVATION of RIGHTS agamst OTHERS (/).
THIS INDENTURE, made the - - day of - -, 19,
Parties. BETWEEN [A. B.], of , of the one part, and [C. D.], of - ,
Recitals. of the other part. WHEREAS the said [C. D.] is indebted jointly
with certain other persons to the said [A. B.j in the sum of
; AND WHEREAS the said [A. B.] has agreed with the said
[C. D.] to release his claim against the said [C. D.], subject,
Testattim. nevertheless, to the proviso below stated. NOW THIS INDEN-
Release. TURE WITNESSETH that the said [A. B.] doth hereby release
and for ever discharge the said [C. D.], his executors, adminis-
trators, and assigns, from all liability, claim, or demand whatso-
ever for or in respect of the said indebtedness: PROVIDED, never-
theless, that the said [A. B.] reserves all his rights and remedies
against all other persons who are or may be jointly indebted with
the said [C. D.] to him.
IN WITNESS, &c.
(/) A release of one joint debtor primd facie releases all others jointly
liable; but where the document of release contains in terms a reservation
of rights against the others, such release will be treated as a mere covenant
not to sue the released debtor, and his co-debtors remain liable (see In re
E. W. A., [1901] 2 K. B. 642, at pp. 648, 649).
SEPARATION DEEDS. 1333
SEPARATION DEEDS.
1. DEED of SEPARATION, the HUSBAND allowing the WIFE
an ANNUITY during their JOINT LIVES, which is to be
paid to her FATHER, the TRUSTEE, while the WIFE lives
with him. COVENANT by the TRUSTEE to INDEMNIFY
the HUSBAND against the WIFE'S DEBTS. OTHER usual
COVENANTS. PROVISO vacating the DEED on RECON-
CILIATION (a concise form) .
THIS INDENTURE, made the day of -, 19,
BETWEEN [husband], of, &c., of the first part; [wife], the wife of Parties.
the said [husband], now residing at, &c., of the second part; and
[trustee], of, &c., the father of the said [wife], of the third part:
WHEREAS unhappy differences have arisen between the said Recital of
[husband] and [wife], by reason whereof they have mutually
agreed to live separate and apart from each other; and the said
husband has agreed to make to the said [wife], an allowance of
the annual sum of -- , during the joint lives of herself and the
said [husband], for her maintenance and support: NOW THIS Testatum.
INDENTURE WITNESSETH, that, in pursuance of the said Mutual
. . covenants.
agreement, and for the considerations herein appearing, the said
[husband], so far as the covenants and stipulations herein con-
tained ought to be performed or observed on his part, hereby
covenants with the said [wife], and, as a separate covenant with
the said [trustee], and the said [wife], so far as the covenants and
stipulations herein contained ought to be performed or observed
on her part, hereby covenants with the said [husband], and as a
separate covenant with the said [trustee]; and the said [trustee],
so far as the covenants and stipulations herein contained ought
to be performed or observed by himself or by the said [ivife],
hereby covenants with the said [husband], as follows, that is
to say:
1. THE said [wife] may at all times hereafter live separate Wife may
and apart from the said [husband], and free from his marital
control and authority, as if she were sole and unmarried, and may
from time to time reside at such place or places, and in such
B. VOL. n. 31
1340
SEPARATION DEEDS.
Husband and
wife not to
molest each
other, &c.
Condonation
of previous
offence (a).
Husband
to pay an
annuity
to wife (b).
Dum cnsta
clause (d).
manner [and carry on such trade, business or occupation], as she
shall from time to time think proper, Avithout any interference
on tho part of the said [husband].
2. NEITHER of them, the said [husband] and [wife] shall molest,
disturb, or interfere Avith the other of them in her or his manner
of living or othenvise, or compel or endeavour to compel the other
of them to cohabit or live Avith him or her by any legal proceed-
ings for restitution of conjugal rights, or otherwise hoAvsoever.
3. NEITHER of them, the said [husband] and [wife], shall take
any proceedings against the other of them for the purpose of
obtaining a divorce or judicial separation, in respect of any mis-
conduct; Avhich has or is alleged to have taken place on the part
of the other of them.
4. THE said [husband] shall, during the joint lives of himself
and the said [wife], or until they shall mutually agree to live
together again, and so long as the said [wife] and the said [trustee]
shall perform and observe the covenants and agreements on their
respective parts herein contained, pay to the said [wife] an annuity
or yearly sum of - for her separate use, but without power
of anticipation, by equal quarterly payments on the usual
quarter days, tho first of such payments to be made on the -
day of - , 19 , Avhich annuity shall be apportionable accord-
ing to law at the commencement and termination thereof (c):
PROVIDED ALWAYS that such annuity shall only be payable as
aforesaid, so long as the said [wife] shall live a chaste life.
(a) This clause ought not to be inserted as a matter of course without
instructions. For another form of this clause, see post, p. 1344.
(6) Sometimes it is arranged that the husband shall make to his wife
a weekly allowance, as follows:
' THE said [husband] shall, during the joint lives of himself and
the said [wife], if they shall so long mutually agree to live sepa-
rately from each other, pay to the said [wife], for her separate
use, but without power of anticipation, on every Saturday, com-
mencing on the - - day of - - next, the clear Aveekly sum
of ."
(c) Under the Apportionment Act, 1870 (33 & 34 Viet. c. 35), annuities
are considerations accruing from day to day, and are accordingly appor-
tionable in respect of time.
(d} Such a clause does not come within the term " usual covenants " in
a separation deed agreed to as part of the terms of compromise of a divorce
suit (Hart v. Hart (1881), 18 Oh. D. 670).
SEPARATION DEEDS.
1341
5. PROVIDED ALWAYS, and it is hereby agreed, that so long as Annuity to be
the said [wife] shall reside Avith her father, the said [trustee], father so long
the said annuity or yearly sum of -- , shall be paid to the residewith
said trustee at the times and in manner aforesaid in trust for the him ().
said [wife]; and the receipt of the said [trustee], signed by him,
shall be a good and sufficient discharge for so much of the said
annuity, or yearly sum of -- , as shall be therein acknowledged
or expressed to be received, and that the said [husband] shall not
be bound to see to the application thereof.
6. ALL articles of wearing apparel and personal ornament, and Chattels to be
also the articles of furniture and household effects specified in the separate
schedule hereunder written, which have been delivered by the property.
said [husband] to the said [wife], previously to the execution of
these presents (/), as she hereby acknowledges, shall belong to,
and may be retained or disposed of at pleasure by the said
[wife] as her separate property.
7. THE SAID [trustee] shall at all times hereafter keep indemni- Trustee to
r> i i i r? T 7-1 indemnify
ned the said I husband], his heirs, executors, and administrators, husband
against all the debts and liabilities which the said [wife] has ^^ t wle ' s
already contracted or incurred, or which she shall or may at any
time hereafter contract or incur, and against all actions, pro-
ceedings, accounts, claims, demands, costs, charges, losses,
damages and expenses for or on account of such debts or lia-
bilities, or anything in anywise relating to the premises.
8. IN CASE the said [husband] shall at any time or times here- Husband
after be called upon to pay or discharge, and shall actually pay pay w if e ' s
or discharge any debt or liability which the said [wife] has debts may
already contracted or incurred, or which she shall or may at amount from
any time hereafter contract or incur, then, and in every such annultv -
case, it shall be lawful for the said [husband] to deduct, retain,
and reimburse to himself out of the said annuity of -- , the
amount which he, the said [husband], shall have so paid in respect
of such debt or liability, together with all costs and expenses
which he shall have paid or incurred on account thereof; but so
(e) This clause is not usual, and should not be inserted without instruc-
tions, but may occasionally be found useful with or without modification.
(/) Possession of the chattels should be delivered to the wife before the
execution of the deed, in order to prevent questions from arising under
the Bills of Sale Acts.
31 (2)
1342
SEPARATION DEEDS.
Provision for
reconciliation
or divorce.
Appointment
of new
trustees.
that this present proviso shall not render the said [husband] liable
to the payment of any debts of the said [wife], or prejudice any
right or remedy of the said [husband] under the covenant for
indemnity of the said ^trustee] hereinbefore contained.
9. PROVIDED ALWAYS, that in case the said [husband] and [wife]
shall at any time hereafter, with their mutual consent, come
together and cohabit with each other [or if their marriage shall
be dissolved, or if they shall be judicially separated from each
other in respect of anything done or suffered by either party after
the execution of these presents], then, and in such case [or, then
and in either of such cases], the said annuity of - shall cease
and be no longer payable, and thenceforth all the covenants and
provisions herein contained shall become void, but without pre-
judice to any act previously done hereunder, or any proceedings
on the part of any of the parties hereto in respect of any breach
then previously committed of all or any of the said covenants
or provisoes.
10. THE STATUTORY power of appointing new trustees of these
presents in the place of the said [trustee] or of any trustee to be
appointed in his place shall be vested in the said [wife].
IN WITNESS, &c.
THE SCHEDULE ABOVE REFERRED TO.
Parties.
Recitals :
of marriage
and birth of
children ;
DEED of SEPARATION between HUSBAND and WIFE.
SPECIAL CLAUSE against MOLESTATION by HUSBAND.
SETTLEMENT by the HUSBAND of a SUM of STOCK for
the BENEFIT of the WIFE, for her LIFE, with remainders
for the BENEFIT of HERSELF and the CHILDREN of the
MARRIAGE. PROVISIONS as to the CUSTODY, MAINTEN-
ANCE, dc., of CHILDREN. Usual INDEMNITY CLAUSE by
TRUSTEES.
THIS INDENTURE, made the
day of
19-,
BETWEEN [husband], of, &c., of the one part, [wife], of the second
part, and [trustee], of, &c., and [trustee], of, &c., of the third
part: WHEREAS the marriage between the said [husband] and
[wife 1 , his wife, took place on or about the - - day of - -,
19-
and there is issue of the marriage
children, namely
SEPARATION DEEDS.
1343
state name* of children}-, AND WHEREAS unhappy differences of agreement
have arisen between the said ^husband] and [wife], in consequence separation ;
whereof they have mutually agreed to live separate and apart
from each other: AND the said [husband] has agreed to make the of agreement
said [wife] an allowance of the annual sum of - during the a u ^Buma
joint lives of them, the said [husband] and [wife 1 , for the separate year;
use of her, the said [wife], and the clothing, maintenance, and
education of the said [children], so long as they shall remain in
her custody or under her control under the provisions in that
behalf hereinafter contained : AND the said [husband] has agreed of agreement
that a sum of Preference Stock in the - - Railway Com- j J"* 1 "
pany, the property of him, the said [husband], shall be vested trustees;
in trustees, who shall stand possessed thereof, and the dividends,
interest, and annual produce upon such trusts as are hereinafter
declared of and concerning the same : AND WHEREAS the said f transfer of
sum of - stock has been this day transferred into the names
of the said [trustees], and the same is accordingly now standing in
their names in the books of the said company, as they, the said
[trustees], hereby respectively acknowledge ; AND WHEREAS the of agreement
said [trustees] have, at the request of the said [husband] and &c ^
[wife], agreed to act as trustees of these presents for the purpose
of the arrangements intended to be hereby made, and to enter into
the covenants on their part and stipulations hereinafter contained:
NOW THIS INDENTURE WITNESSETH, that, in pursuance T^tatum.
of the said agreement, an<j for the consideration herein appearing,
the said [husband], so far as the covenants and stipulations herein
contained ought to be performed or observed on the part of him-
self, his heirs, executors, or administrators, hereby covenants with
the said [wife~\, and as a separate covenant with the said [trustees];
AND the said [wife], so far as the covenants and stipulations
herein contained ought to be performed or observed on the part
oT herself, her heirs, executors, or administrators, hereby cove-
nants with the said [husband], and, as a separate covenant with
the said [trustees]; And the said [trustees], so far as the cove-
nants and stipulations herein contained ought to be performed or
observed on the part of the said [wife], or of them, the said
[trustees], or their respective heirs, executors, or administrators,
or any of them, hereby respectively covenant with the said
[husband] as follows, that is to say:
1 . THE said [wife] may at all times hereafter live separate "Wife may live
SEPARATION DEEDS.
apart from
husband.
Covenant
against
molestation
by husband.
Covenant
against
molestation
by wife.
Mutual
covenants
against pro-
ceedings for
divorce, &c.
Trust for
investment.
and apart from the said [husband], and free from his marital
control and authority, as if she were sole and unmarried, and
may from time to time reside at such place or places, and in
such manner [and carry on such trade, business, or occupation]
as she shall from time to time think proper, without any inter-
ference on the part of the said [husband].
2. THE said [husband] shall not, nor will molest, disturb, or
interfere with the said [wife] in her manner of living or other-
wise, or compel or endeavour to compel her to cohabit or live
with him by any legal proceedings for restitution of his conjugal
rights or otherwise howsoever, or sue, prosecute, or in any way.
molest or disturb any member or members of her family, or any
other person or persons, for receiving, harbouring, protecting, or
assisting her.
3. THE said [wife] shall not nor will molest, disturb, or inter-
fere with the said [husband], nor at any time or times hereafter
commence or institute any action or proceedings for restitution
of conjugal rights, or compel or attempt to compel him to allow
to her any alimony or maintenance for herself, or the said children,
other than such allowance as is hereinafter provided. -
4. No proceedings shall be instituted or prosecuted by or on
behalf of either of them, the said [husband] and [ivife] against
the other of them for the purpose of obtaining a divorce or
judicial separation, or otherwise in respect of any cause of com-
plaint which now exists or has arisen before the date of these
presents; and all misconduct (if any) which has been committed
or permitted by either of them against the other shall be deemed
to have been hereby forgiven and condoned; And in case at
any time hereafter any proceedings shall bo instituted or prose-
cuted by either of them against the other in respect of any cause
of complaint which may arise hereafter, no misconduct which
has, or is alleged to have been committed or permitted before the
execution of these presents, nor any act, matter, or thing relating
to any such misconduct, shall be pleaded, or alleged, or admitted
in evidence.
5. THE said [trustees] and the survivor of them, and the execu-
tors, administrators, or assigns of such survivor, or other the
trustees or trustee for the time being of these presents (herein-
after collectively referred to as the said trustees or trustee), shall
either allow the said sum of - Preference Stock, or any part
SEPARATION DEEDS.
1345
thereof, to remain in the actual state of investment thereof, or
shall at any time or times, with the consent of the said [husband]
and [wife], during their joint lives, and of the survivor of them
during his or her life, and after the death of such survivor at the
discretion of the said trustees or trustee, to sell the same, or
any part thereof, and invest the proceeds of such sale in their
or his names or name in any of the securities authorised by the*
Trustee Act, 1893, the Colonial Stock Act, 1900, or the Metro-
polis Water Act, 1902, but not in any other investment.
6. THE said trustees or trustee shall stand possessed of, and Trusts of
interested in, the said sum of or the investments for the 8ettled fuud '
time being representing the same, and dividends, interest, and
income thereof respectively, upon the trusts following, that is
to say : In trust to pay unto the said [wife], or allow her to receive
the income of such trust fund during her life, but without power
of anticipation, as well for the maintenance and support of herself
as for the maintenance, clothing, and education of the said
[children] during their respective minorities: And from and after
the death of the said [wife], if she shall die in the lifetime of
the said [husband], then in trust to pay unto the said [husband],
or allow him to receive the income of the said trust fund during
his life; And from and after the death of the survivor of them,
the said [husband] and [wife], shall stand possessed of, and inte-
rested in, the capital and future income of the said trust fund.
In trust for such one or more of the said [children] as, being sons
or a son, shall attain the age of twenty-one years, or being
daughters, or a daughter, shall attain that age, or marry under
that age, and if more than one, in equal shares: But if all the
said children shall die before attaining a vested interest in the
said trust fund, then the trustees or trustee for the time being
shall, from and after the death of the said ! husband], stand pos-
sessed of, and interested in, the capital and future income of the
said trust fund ~or of so much thereof as shall not have been
applied under any of the trusts herein expressed], as to one equal
moiety of such capital and income, In trust for the said [husband]
absolutely; And as to the other equal moiety thereof, upon and
for such trusts, interests, and purposes as the said [wife] shall by
deed, will, or codicil appoint, and in default of, and subject to,
any such appointment upon trust for the next of kin of the said
[wife] as if she had died intestate, and without her ever having
1346
SEPARATION DEEDS.
Power of
advance-
ment.
Wife to have
her chattels
for her
separate use.
Surviving
husband
excluded from
wife's
property.
Husband
to allow
wife's will to
be proved.
Wife to have
custody of
children.
Provision as to
maintenance
of children.
been married. PROVIDED ALWAYS, and it is hereby agreed, that
the said trustees or trustee may, at any time or times after the
death of the said [husband] and [wife], or in their, his, or her
lifetime, with their, his, or her consent in writing, raise any
part, or parts, not exceeding in the whole one half of the then
vested, contingent, presumptive, or expectant share, or respective
shares, of any child or children of the said intended marriage in
the said trust fund under the trusts hereinbefore contained, and
pay or apply the same in or towards the advancement [including
in the term " advancement," the expenses of a college or univer-
sity education, or of preparation for any profession or employ-
ment, or competitive examination], or otherwise, for the benefit
of such child, children, or other issue, in such manner as the said
trustees or trustee shall think fit.
7. THE said [husband] shall permit and suffer the said [wife]
to have, possess, and enjoy for her exclusive use and benefit in
the same manner in all respects as if she were a feme sole, all the
articles of wearing apparel and personal use and ornament, and
all personal property and effects whatsoever now in her possession.
8. IF the said [wife] shall die in the lifetime of the said [hus-
band], all her separate estate and property, real and personal, of
which she shall not have disposed in her lifetime or by will, shall,
subject to her debts and liabilities, go and belong to the persons
or person who would have become entitled thereto if the said
[wife] had then died intestate and without ever having been
married.
9. IF the said [wife] shall die in the lifetime of the said
[husband], he shall permit her will (if any) to be proved, or
administration to her personal estate and effects to be taken out
by the persons or person who would have been entitled so to do,
if she had then died without ever having been married.
10. THE said [wife] shall have the sole custody and control of
and over ,all and every of the said [children], and of their educa-
tion and bringing up, until they shall respectively attain the age
of years, without any interference on the part of the said
[husband].
11. THE said [wife] hereby accepts the provision made as afore-
said by clause 6 hereof as ample and sufficient for the mainten-
ance and support of herself, and for the maintenance, clothing,
and education of the said [children] until they shall respectively
SEPARATION DEEDS. 1347
attain the age of - - years., a.nd the said [wife] shall accordingly
provide and pay for the maintenance, clothing, and education of
all and every of the said [children], until they shall attain that
a<i<', out of her own monies, including the income of the said trust
fund hereby .made payable to her during her life as aforesaid.
But the said [husband] shall pay the funeral expenses of any
child who shall die while residing or being with or under the
control of the said [wife']."]
12. THE said [male children] shall, as soon as they shall respec- Provision as
tively attain the age of - - years, be placed at the expense of & c e rf^m?'
the said [husband] at such schools in England, or, with the previous
consent in writing of the said [wife] [or, if preferred, of the
trustees or trustee for the time being of these presents], elsewhere,
as he shall from time to time think fit; and shall thereafter pass
their holidays, pr any other interval of time during which they
shall not be at any school, at such places and in such manner as
the trustees or trustee for the time being of these presents shall
from time to time direct, having regard to the reasonable wishes
of the said [husband] and [wife].
13. THE said [wife] shall have full liberty, at her own expense, Provision as
either to place all and every of the said [female children], at such ? c e pf Catlon '
schools in England [or elsewhere], as she shall from time to time daughters.
think fit. or to keep them in her own custody, maintain, and
educate them until they shall respectively attain the age of
twenty-one, or marry under th,at age, at such place or places in
England [or elsewhere], as she may from time to time reside hi:
And such of them, the said female children], as shall for the time
being be at such school, shall pass their holidays with the sa4d
[wife], or with such persons or person as she shall from time to"
time direct.
14. THE said [trustees], their heirs, executors, or administra- Covenant for
tors, shall and will at all times hereafter effectually keep harmless f
and indemnified the said [husband], his heirs, executors, and against wife'*
administrators, from and against all debts and liabilities which
the said [wife] shall or may hereafter contract or incur, and from
and against all actions, proceedings, accounts, claims, demands,
costs, charges, losses, damages, and expenses whatsoever, for or on
account of any such debts or liabilities, or for or on account of
any act, matter, or thing whatsoever hereafter to be contracted,
done or committed by the said [wife], under the powers and autho-
1348
SEPARATION DEEDS.
Covenant for
further
assurance.
Provision for
reconciliation,
&o.
Clause as
to destruction
of settled
fund on
reconciliation.
Provision
as to appoint-
ment of new
trustees.
rities herein contained or otherwise, or to be occasioned by or
with her default, privity, means, or procurement, or on account,
or by reason of the board, lodging, clothing, maintenance, and
education of the said [children], or any of them, the costs ami
expenses whereof it is hereby agreed shall be exclusively paid
and borne by the said [wife] out of her own monies.
15. EACH of them, the said [husband] and [wife], or their
respective heirs, executors, or administrators, shall and will from
time to time, and at all times hereafter, execute and do all such
assurances and things as the other of them, or his or her executors,
administrators, or assigns, or the trustees or trustee for the time
being of these presents, shall reasonably require, for the purpose
of giving full effect to these presents and the covenants, stipula-
tions and provisions herein contained.
16. PROVIDED ALWAYS, that, in case the said [husband] and
[wife] shall at any time hereafter, with their mutual consent, come
together, and cohabit with each other [or if their marriage shall
be dissolved, or if they shall be judicially separated from each
other in respect of anything done or suffered by either party after
the execution of these presents], then, and in such case for then,
and in either of such cases], the trustees or trustee for the time
being of these presents shall stand possessed of and interested
in the said trust fund, and the income thereof, or so much thereof
as shall not have been applied or disposed of, under or by virtue
of these presents upon trust for the said [husband] absolutely, or
as he shall direct.
17. THE statutory power of appointing new trustees of these
presents in the place of the said [husband's trustee], or of any
trustee to be appointed in his place shall be vested in the said
I husband]', and the statutory power of appointing new trustees in
the place of the said [wife's trustee], or of any the trustee to be
appointed in his place shall be vested in said [wife].
IN WITNESS, &c.
SEPARATION DEEDS. 1349
3. DEED of SEPARATION on COMPROMISE of PROCEEDINGS
for DIVORCE brought by the WIFE, ivho PURCHASES an
ANNUITY in the NAMES of TRUSTEES for BENEFIT of the
HUSBAND.
THIS INDENTUEE, made the day of -, 19,
BETWEEN [husband], of, &c., of the first part, [wife], of, &c., of Parties,
the second part, and [trustee], of, &c., and [trustee], of, &c., of
the third part: WHEREAS, by an agreement in writing, dated the Recitals:
day of - , and made between [parties], it was agreed that f agreement
a petition therein referred to, presented in the Divorce Division of petition for
His Majesty's High Court of Justice by the said [wife], for the ^
dissolution of her marriage with the said [husband], should be and as to
dismissed upon the terms and conditions herein mentioned, and separation;
it was thereby agreed, amongst other things, that the said [hus-
band] and [wife] should live separately and apart from each other,
and that the said [wife] should purchase, in the names of the said
[trustees], a government annuity of , during the life and
for the interest of the said [husband], so long as he should continue
to live separate and apart from the said [wife], and that a deed
of separation containing all usual clauses (except the clauses
usually inserted in such a deed for the husband's indemnity by
a trustee from his wife's debts), should be executed by the saifl
parties, and that the costs of the said petition should be paid by
the said [husband] and [wife] in equal shares: AND WHEREAS, of purchase of
in pursuance of the said agreement, the said [wife] has purchased f or husband.
in the names of the said [trustees], a government annuity for the
sum of , during the life of, and in trust for, the said
[husband]: NOW THIS INDENTURE WITNESSETH, that, n*tot m .
for effectuating the agreement, and in consideration of the cove- Covenants b y
husband :
nant hereinafter contained on the part of the said [wife], the-
said [husband] hereby covenants with the said [wife], and as a
separate covenant with the said [trustees], that the said [wife] may that wife may
from time to time, and at all times hereafter, live separate and l ive a P art
apart from the said [husband], her husband, as if she were sole
and unmarried, and that she shall be free from the power, com-
mand, restraint, control, and authority of him the said [husband],
and shall and may live and reside at such place or places, and
in such manner as to her shall from time to time seem meet; And not to molest
her.
that he, the said [husband], shall not nor will molest nor disturb
1350
SEPARATION DEEDS.
Further
testatum.
Covenant by
wife not
to molest
husband.
Declaration of
trust of
annuity.
Cesser of
annuity
on breach of
husband's
covenants.
Proviso for
reconciliation.
in any way whatsoever, nor endeavour to molest or disturb the
said [wife], by any legal proceeding or proceedings, or in any way
whatsoever, in her person, or in her manner of living, or in any
way endeavour to compel her, the said [wife'], to cohabit or live
with him, the said [husband], or to enforce any restitution of con-
jugal rights, nor shall, or will, without the consent of the said
[wife], visit her, or knowingly come into any house or place where
she shall or may reside, or be, or send, or cause to be sent, any
letter or message to her, nor shall, nor will, sue or prosecute any
person or persons for receiving, harbouring, lodging, or assisting
her, but that she, the said [wife], notwithstanding coverture, may
in all things live as if she were sole and unmarried, without the
restraint of the said [husband]: AND THIS INDENTURE
FURTHER WITNESSETH, that, in further pursuance of the
said agreement, and for the considerations aforesaid, she, the
said [wife], hereby, for the purpose of binding any property
settled to her separate use, covenants with the said [husband],
his heirs and administrators, that she, the said \_wife], shall not.
nor will at any time hereafter, molest or disturb, or endeavour to
molest or disturb, the said [husband] in any way whatsoever, or in
any way compel, or endeavour to compel, him, the said [husband],
to cohabit or live with her, the said [wife], or to enforce any resti-
tution of conjugal rights, nor shall require, or by any means what-
soever endeavour to compel the said [husband] to allow her any
alimony or maintenance: PROVIDED ALWAYS, and it is hereby
.agreed and declared that the said [trustees] shall, quarterly, during
the life of the said [husband], so long as he shall continue to live
separate and apart from the said [wife], pay to the said [husband
the said annuity of , by equal half-yearly payments, on
the day of - , and the - - day of - , the first of such
payments to be made on the - - day of - , 19 : PROVIDED
ALWAYS, that if the said [husband] and [wife] shall, \\ilh their
mutual consent, come together and live as man and wife, or if
the said [husband] shall commit any breach of the covenant or
agreement hereinbefore contained on his part, the provision made
for him by the said annuity of , shall thereupon absolutely
cease and be void, and thereafter the said annuity shall be payable
and be held in trust for the said [wife], her executors, adminis-
trators, and assigns: PROVIDED ALWAYS, and it is hereby agreed
and declared that in case the said [husband] and [wife] shall at
SMALL HOLDINGS. 1351
any time hereafter, with their mutual consent, come together and
cohabit as man and wife, then, and in such case, and thenceforth
the covenants and agreements herein contained shall become null
and void, except as hereinbefore provided with regard to the
said annuity: PROVIDED LASTLY, that the statutory powers
appointing new trustees, or a new trustee of these presents, when Appointment
and so often as any vacancy shall occur, shall vest in, and be trustees,
exercisable by the said [wife].
IN WITNESS, &c.
SMALL HOLDINGS.
1. FORM of HIRING SCHEME by COUNTY COUNCIL.
RADNORSHIRE COUNTY COUNCIL.
Small Holdings Acts, 1892 and 1907.
Scheme for the Provision by the Radnorshire County Council
of Small Holdings at the Cwm Farm, Llanyre, in the
County of Radnor.
1 . The Cwm Farm contains an acreage of about 280'091 acres,
and is situated in the parish of Llanyre, in the county of Radnor,
and is within 1| miles of the railway station at Llandrindod
Wells.
The acreage of 280'091 acres includes 9'407 acres of plantations
which the owner proposes to retain.
2. The council have taken a lease of the farm for fourteen
years from the 25th March, 19 -, at an annual rental of
186/. 10s. (including tithe), with an option to extend the lease
for a further term of seven years upon paying an additional rent
of SOL per annum.
3. As a consideration for the lease the council also agreed to
pay:-
(a) Compensation to the outgoing tenant for unexhausted
improvements.
(b) Compensation to Mr. Dyke, who had agreed to take the
1352 SMALL HOLDINGS.
farm from the 25th March, 19 , but who agreed to
relinquish his claim on payment of compensation,
(c) The cost of repairing the Cwm Farm house and build-
ings, which is estimated to cost 100/.
4. The amount estimated to be spent on the adaptation of
the farm for small holdings is as follows:
(a) Cost of providing an additional house and buildings
on the farm 250
(b) Provision of gates and gateposts 42
(c) Provision of fencing 42
334
5. It is proposed to divide the farm into fourteen small hold-
ings. The following are particulars of the acreage and rents
proposed to be charged for each holding. The council will pay
the tithe, but the tenant of each holding is required to pay the
rates and taxes in respect of his holding.
Number.
Acreage.
Proposed Rents.
Hoi
ling Ji
"o. 1. The Cwm
48-459
50-989
24-278
12-042
22-226
7-560
7-804
11-480
13-551
24-583
24-462
12-677
8-086
..
65
62
18
10 10
17 10
10 10
12
15 15
13
17 10
18
8
10 10
d.
2. Upper House
3
4
5
6
7
8
9
10
11
12 \
13) "
14
6. The area of holding No. 2 cannot be let under the provisions
of the Acts relating to the size of small holdings.
7. The holdings consist principally of pasture land, and the
land is very suitable for sheep, cattle and poultry rearing.
8. The arable land on the farm is about twenty-six acres.
9. The county council reserve power to vary, with the sanction
SMALL HOLDINGS.
of the Board of Agriculture and Fisheries, the above scheme
mid conditions, if at any time it should appear desirable to do so.
Approved by the Board of Agriculture and
Fisheries this Twenty-third day of May,
Nineteen hundred and eight.
(Signed) M. T. BAINES,
Commissioner.
1353
2. FORM of PUECHASE and HIRING SCHEME by COUNTY
COUNCIL.
- COUNTY COUNCIL.
Small Holdings and Allotments Act, 1908.
Scheme for the provision by the - - County Council of Small
Holdings at - , in the County of .
The council propose to purchase - , which has an area of
, and is situated - , for the sum of - .
The council propose to take on lease for years from -
next, with option of renewal, - , comprising - , situated
, at an annual rental of .
[The adaptation and division of the land for small holdings
will be regulated by a subsequent scheme.]
It is [not] proposed to spend [anything] on equipment or adap-
tation.
It is proposed to divide the land into - - holdings, to be let
as follows:
Acreage. Minimum Rent.
A. B. P. *. d.
1.
2.
3.
4.
5.
6.
7-
8.
The council propose to redeem the land tax.
The tenant of each holding will be required to pay the rates
1354
SMALL HOLDINGS.
in respect of his holding, and also his proportion of the tenant
right valuation (if any) on entry.
The scheme will be carried into effect [at once] as soon after
the completion of the purchase as may be reasonably practicable.
The council reserve power to vary, with the sanction of the
Board of Agriculture and Fisheries, the above scheme, if at any
time it should appear desirable to do so.
3. FORM of SCHEME dealing with LAND PURCHASED COM-
PULSORILY.
COUNTY COUNCIL.
Small Holdings and Allotments Act, 1908.
Scheme for the provision by the - - County Council of Small
Holdings at - , in the County of - .
1. The council propose to proceed as soon as may be to lake
all necessary steps, under the compulsory order confirmed by the
Board of Agriculture and Fisheries, on the - , for the com-
pulsory purchase of the following lands, viz.:
2. Any agreement between the council and any person inte-
rested as to the purchase-money or compensation to be paid shall
be subject to the approval of the Board of Agriculture and
Fisheries.
3. If the council, without the consent of the said Board, shall,
under the power in that behalf contained in sect. 39 of the Small
Holdings and Allotments Act, 1908, withdraw a notice to treat
as regards any of the said lands, this scheme shall thereupon cease
to apply to that land.
4. The adaptation and division of the land for small holdings
will be regulated by a subsequent scheme.
SMALL HOLDINGS.
4. FORM of NOTICE of DRAFT SCHEME.
Small Holdings and Allotments Act, 1908.
NOTICE IS HEREBY GIVEN that a draft scheme has been
prepared by the - - County Council for the acquisition of (a)
for small holdings. Information as to the contents of the
draft scheme can be obtained from the clerk of the council. Any
objection to the draft scheme is to be sent in writing to the Board
of Agriculture and Fisheries within one week from the date of
the publication of this notice.
5. MODEL RULES as to SMALL HOLDINGS for ADOPTION by
COUNTY COUNCILS and COUNCILS of COUNTY BOROUGHS
issued by the BOARD of AGRICULTURE and FISHERIES,
with FORMS of APPLICATION and AGREEMENTS for LET-
TING and SALE.
Small Holdings Acts, 1892 and 1907.
Rules made by the (b) - - with respect to Small Holdings pro-
vided by the Council under the Small Holdings Acts, 1892
and 1907.
INTERPRETATION OF TERMS.
1. Throughout these regulations the expression "the council"
means the said council, and includes any committee or sub-com-
mittee of the council appointed under the Small Holdings Acts,
1892 and 1907; the expression "the Act of 1892" means the
Small Holdings Act, 1892; the expression " the Act of 1907 ?:
means the Small Holdings and Allotments Act, 1907; and the
expression " the said Acts " means the Small Holdings Acts,
1892 and 1907.
REGISTER OF HOLDINGS.
2. In addition to the list and map or plan required to be kept
by them, under sect. 8 of the Act of 1892 (c), of holdings sold or
(a) Insert locality and description of land.
(6) Insert " county council of ," or " mayor, aldermen and burgesses
of the borough of , acting by the council."
(c) Sect. 14 of Act of 1908.
B. VOL. II. 32
1356 SMALL HOLDINGS.
let, the council shall keep a list of the small holdings intended to
be sold or let by thorn, and a map or plan showing the size,
boundaries and situation of each such holding. Every holding in
either list shall be distinguished by a separate number. Tho
lists, maps, or plans required to be kept, under sect. 8 of the
Act of 1892 (c), and these rules, shall be deposited at the office
of the clerk to the council, or at some other convenient place
appointed by the council, and shall be open at all reasonable times
to the inspection of any person desiring to acquire a small holding
from the council.
NOTIFICATION OF THE OFFICER TO RECEIVE APPLICATIONS.
3. The council shall from time to time, as they may consider
necessary, give notice, by advertisement in one or more local
newspapers, or by bills or placards, or otherwise, of the officer[s]
to whom persons desiring to acquire small holdings from the
council shall apply.
PERSONS ELIGIBLE TO BECOME PURCHASERS OR TENANTS.
4. The persons eligible to be purchasers or tenants of small
holdings shall include every person Avho has informed the council
of his or her desire to acquire a small holding, and has satisfied
the council of his or her ability to cultivate properly a small
holding of the size and character desired. Provided that no
person shall be eligible to be a purchaser or tenant of a small
holding which, with any holding already acquired or held by
such person under the said Acts, or otherwise, would make up
an area exceeding fifty acres, unless, at the date of sale or letting,
the total annual value of the holdings for the purposes of income
tax would not exceed 50 .
A quitting tenant of land shall not for the purposes of this rule
be treated as holding the land.
No person under the age of twenty-one years shall be eligible
to bo a purchaser or tenant [unless the performance of his con-
tract or agreement is secured to the satisfaction of the council].
(c) Sect, 14 of Act of 1908,
SMALL HOLDINGS.
NOTICES TO BE GIVEN FOR THE SALE OR LETTING OF HOLDINGS.
5. The council shall give public notice to persons eligible to be
purchasers or tenants of a small holding, by advertisement in-
serted in one or more local newspapers, or by bills or placards
posted in some conspicuous places in the parish in which the
small holding is situate, or otherwise, setting forth the particulars
as to any small holding which they propose to sell or let.
Such notice shall specify the holding to be sold or let, and the
size thereof, the price or rent to be paid for the same, the najme
and address of the clerk to the council, or other person appointed
by the council, to whom applications for the purchase or hiring
of the holding, or for forms of application, are to be sent, and
the last day for receiving an application for the holding.
If any special condition is to apply to the letting of a holding,
the notice shall specify such condition, or state where copies of
the form of agreement for letting of such holding may be seen.
If the tenant is to pay for tenant-right or compensation for
improvements, this fact and the amount to be paid, if then ascer-
tained, shall be stated in the notice.
RENTS TO BE CHARGED FOR HOLDINGS.
6. The rents at which small holdings are offered to be let shall
be fixed at such reasonable amount as will, in the opinion of the
council, guard them against loss, and recoup to the council all
expenses incurred by them in relation to the land, whether for
purchase-money, expenditure, or adaptation of the land, or other-
wise.
RULES AS TO THE SALE OR LETTING OF HOLDINGS, AND FOR PRE-
VENTING ANY UNDUE PREFERENCE IN THE SALE OR LETTING
THEREOF.
7. The council shall not sell or let any holding unless and
until notice that they propose to sell or let the same has been
duly given, in pursuance of the rule in that behalf, at least [two]
weeks before the last day for receiving an application for the
holding.
Every application for a holding shall be in the form in the
appendix to these rules, and shall be sent or delivered to the
32 (2)
1357
1358 SMALL HOLDINGS.
clerk to the council or other person appointed by the council for
that purpose.
In selling or lotting a holding for which there are two or
more applicants Avho, under these rules, arc eligible to become
purchasers or tenants, preference shall be given to applicants who
have for - - months or more been resident in the (d] - , and
preference shall also be given to an applicant who does not already
hold any agricultural land exceeding five acres, either from the
council or otherwise, over an applicant who does hold such land,
but subject to these preferences the purchaser or tenant shall
be determined by the drawing of lots by the council. A quitting
tenant of land shall not for the purposes of this rule be treated
as holding that land.
AGREEMENTS FOR LETTING HOLDINGS.
8. When the council have decided to let a holding to an appli-
cant, an agreement shall be signed by the clerk to the council on
behalf of the council, and by the applicant. The agreement
shall be in the form in the appendix to these rules, or to the like
effect, unless the council and the applicant agree to vary the
form.
CONDITIONS UNDER WHICH ALL HOLDINGS ARE TO BE HELD BY
TENANTS.
9. Every agreement for letting a holding shall contain the
following conditions, unless the same are inapplicable to the
holding:
(1) The tenant shall keep the holding free from weeds, and
well manured, and otherwise maintain it in a proper
state of cultivation.
(2) The tenant shall himself cultivate the holding, and shall
not use it for any purpose other than agriculture, horti-
culture, the keeping and breeding of live stock, poultry,
or bees, the growth of fruit, vegetables, or the like,
or other purpose of husbandry.
(3) The tenant shall keep every hedge that forms part of the
holding properly cut and trimmed, keep all drains and
(d) Insert " county " or " borough."
SMALL HOLDINGS. 1359
watercourses thereon cleared and open, and maintain and
keep in repair, and, where necessary, tar or paint, any
other fences and any gates on the holding.
(4) The tenant shall not, without the written consent of the
council, underlet, assign, or part with the possession of
the holding or any part of it.
(5) The tenant shall not, without the written consent of the
council, cut or prune any timber or other trees, or take,
sell, or carry away any mineral, gravel, sand, or clay.
(6) The tenant shall not, without the written consent of the
council, erect more than one dwelling-house on the hold-
ing, and any dwelling-house erected by the tenant shall
comply with such requirements as the council may
impose for securing healthiness and freedom from over-
crowding. [This will be omitted if a special condition
prohibiting erection of a dwelling-house is inserted.]
(7) The tenant shall not use, or permit to be used, any dwelling-
house or building on the holding for the sale of intoxi-
cating liquors.
(8) The tenant shall not, without the written consent of the
council, break up any pasture.
(9) The tenant shall, as regards the holding, observe and per-
form all conditions and covenants contained in the lease
under which the council hold the land.
AGREEMENTS FOR SELLING HOLDINGS.
10. When the council have decided to sell a holding to an
applicant, an agreement shall be signed by the clerk to the
council on behalf of the council, and by the applicant. The agree-
ment shall be in the form in the appendix to these rules, or to
the like effect, unless the council and the applicant agree to vary
the form.
EXEMPTION OF CERTAIN SALES AND LETTINGS FROM THESE RULES.
11. The foregoing rules shall not apply to any land let to an
association, or to any holding sold or let before the date of the
confirmation of these rules, or to any holding which the council,
under special circumstances to be recorded in their minutes, may
decide to sell or let otherwise than in accordance with these rules.
1360
SMALL HOLDINGS.
REDEMPTION OF PURCHASE-MONEY CHARGED ON A HOLDING.
12. The amount for the time being unpaid in respect of the
purchase-money of a small holding may be discharged, and any
terminable annuity in respect of purchase-money may be re-
deemed, at any time on payment to the council of the balance
which shall be found due after debiting the owner of the holding
with the capital amount of the unpaid purchase-money and the
interest accrued thereon, and crediting him with any payment*
made by him on account of the purchase-money, annuity, or
interest, with half-yearly rests. This provision does not apply
to any part of the purchase-money secured by a perpetual rent-
charge.
APPENDIX.
Form of Application for Purchase or Hiring.
To the clerk to the (e) .
I the undersigned hereby make application for the purchase [or
a tenancy] of one [or No. - ] of the holdings provided by the
council at .
1. Name .
2. Residence .
3. Age .
4. Occupation .
5. How long resident in the (/) .
6. Whether holding any agricultural land exceeding five acres,
and if so
(a) From whom .
(b) Extent of land so held .
(c) Whether he is quitting the land, and if so, when.
7. What proportion of the purchase-money will the applicant pay
on completion? (g).
8. How is it proposed to pay the residue of the purchase-
money? (#).
In the event of my application being granted, I agree when re-
quired by the council to sign an agreement for the purchase [or
letting] in the form prescribed by the rules, and to pay the stamp
(e) Insert "county council of ," or "town council of the borough
of ."
(/) Insert " county " or " borough."
(gr) Strike out these questions if the application is for a tenancy.
SMALL HOLDINGS. 1361
duty on such agreement (7i), and to pay for tenant-right and com-
pensation for improvements the sum stated in the notice of letting
(or such sum as shall bo found due to the outgoing tenant for such
matte rsj.
Signature .
Date .
[On bade of the application print sub-sects. (3), (4), (5), and (6)
of sect. 6 of the Act of 1892 ().]
Form of Agreement for Letting.
Agreement made this - - day of - , 19 , between the (fc)
(hereinafter called the council) of the one part, and - - of
(hereinafter called the tenant) of the other part, whereby the
said council agree to let, and the said tenant agrees to hire as a
yearly tenant from the - - day of - , 19 , the holdingfs]
numbered - - in the register of small holdings kept by the
council and containing - - or thereabouts, at the yearly rent of
- payable half -yearly, and at a proportionate rent for any part
of a year over which the tenancy may extend.
The tenancy is subject to the provisions endorsed on this agree-
ment and to the following conditions:
(a) The rent shall be paid on the - - day of - - and the -
day of - in each year clear of all deductions (except
land tax and landlords' property tax).
(b) The tenant shall keep the holding free from weeds, and well
manured, and otherwise maintain it in a proper state of
cultivation .
(c) The tenant shall himself cultivate the holding and shall not
use it for any purpose other than agriculture, horticulture,
the keeping or breeding of live stock, poultry or bees, the
growth of fruit, vegetables or the like, or other purpose of
husbandry.
(d) The tenant shall keep every hedge that forms part of the
holding properly cut and trimmed, keep all drains and
watercourses thereon cleared and open, and maintain and
keep in repair and where necessary tar or paint any other
fences and any gates on the holding.
(h) Strike out the rest of the paragraph if the application is for
purchase.
(t) Sub-sects. (3), (4), (5) and (6) of sect. 11 of Act of 1908.
(&) Insert " county council of - ," or " town council of the borough
of ."
1362 SMALL HOLDINGS.
(e) The tenant shall not without the written consent of the council
underlet, assign, or part with the possession of the holding
or any part of it.
(f) The tenant shall not without the written consent of the council
cut or prune any timber or other trees, or take, sell or carry
away any mineral, gravel, sand or clay.
(g) The tenant shall not without the written consent of the council
erect more than one dwelling-house on the holding, and
any dwelling-house erected by the tenant shall comply
with such requirements as the council may impose for
securing healthiness and freedom from overcrowding.
(This will be amitfied if a special condition prohibiting
erection of a dwelling-house is inserted.)
(h) The tenant shall not use or permit to be used any dwelling-
house or building on the holding for the sale of intoxicating
liquors.
(i) The tenant shall not without the written consent of the council
break up any pasture.
(j) The tenant shall, as regards the holding, observe and perform
all conditions and covenants contained in the lease under
which the council hold the land.
(k) Anj r member or officer of the council shall be entitled at any
time to enter and inspect the holding.
(1) The tenancy may be determined by the council at the expira-
tion of any year of the tenancy by [twelve calendar months]
previous notice in writing
(1) in the event of the death of the tenant; or
(2) if the council are of opinion that the tenant is unable
to cultivate the holding properly; or
(3) if any condition or term of the letting is broken and
the tenant does not remedy the breach (if capable of
remedy) after an opportunity of doing so has been given
him by the council; or
(4) if the council desire to resume possession of the
holding, but in that case the tenant shall be entitled to
compensation under ajid in accordance with the provisions
of section eleven of the Agricultural Holdings Act, 1908.
(m) The council may without previous notice determine the
tenancy forthwith by notice in writing
(1) if the rent is in arrear for not less than 40 days; or
(2) if the tenant becomes bankrupt or compounds with
his creditors;
SMALL HOLDINGS.
and in either of such cases the tenant shall be liable to
pay rent pro raid to the time of quitting under the notice,
(n) The tenancy may also be determined by the tenant at the
expiration of any year of the tenancy by [twelve] calendar
months' previous notice in writing.
The expression "tenant" shall include his executors, adminis-
trators and assigns.
Signed ,
1363
Witness . Clerk to the
Signed - ,
Witness . Tenant .
[Any covenants by the council as to repairs or otherwise and any
special conditions affecting the holding shall be endorsed on the
agreement] (7).
Form of Agreement for Sale.
Agreement made this - - day of - , 19 , between the (m)
- (hereinafter called the council) of the one part, and - - of
(hereinafter called the purchaser) of the other part.
1. The council hereby agree to sell and the purchaser hereby
agrees to purchase at the price of the holding numbered
in the register of small holdings kept by the council, of which
holding the council are registered as the proprietors with [here state
title], subject to the conditions contained in section nine of the Small
Holdings Act, 1892.
2. The purchase shall be completed on the - - day of ,
19 [the date shall be such day as the council determine, being not
less than on# month after the applicant is informed that the council
have decided to, sell to him], at the office of - ; and if from any
cause whatever the purchase shall not be completed on the day
above-named, the purchaser shall pay interest on his purchase-
money at the rate of 5 per cent, per annum from that day until
actual completion. Any outgoings, current rents and profits shall
be apportioned to the above-named date for completion, the pur-
chaser paying to the council on completion the estimated amount
of the proportion due to the council.
3. The holding is sold subject to the liabilities, rights, and inte-
rests specified in the schedule to this agreement, and also to all other
(Z) See post, p. 1365, for clauses to be added to protect the council in
the case of land intended to be cultivated as a market garden.
(m) Insert " county council of ," or " town council of the borough
of ."
1364
SMALL HOLDINGS.
rights of way, water and drainage, easements, quit rents, land tax,
tithe, or tithe commutation rent-charge (if any) affecting the holding,
and to all rights (if any) of adjacent owners, and to all charges and
liabilities (if any) of a local nature affecting the holding.
4. If any error, mis-statement or omission in the particulars of
the holding, or in the measurements or boundaries thereof, be dis-
covered, the same shall not annul the sale, nor shall any compensa-
tion be allowed in respect thereof. The identity of the holding shall
bo assumed without any evidence beyond that afforded by a com-
parison of the description in the register of small holdings kept
by the council, and the land certificate.
5. The purchaser will, under section nineteen of the Land Transfer
Act, 1897, be registered as proprietor with an absolute title, and
shall not be entitled to any evidence that the holding is not subject
to any liability, right or interest mentioned in the eighteenth section
of the Land Transfer Act, 1875, which is not specified in the schedule
to this agreement, except a statutory declaration to that effect made
by the clerk to the council. The council shall not be bound to
furnish any abstract of title, or to produce any deeds or any evidence
of title, except as hereby expressly provided.
6. On payment of [the part of the purchase-money agreed to be
paid by 'the applicant on completion] the purchaser shall be entitled,
free of charge by the council, to a land certificate issued in pur-
suance of the Land Transfer Rules relating to provisionally regis-
tered transfers, or, at the option of the council, to a transfer of the
holding in the prescribed form ready for registration, and prepared
by and at the expense of the council, and also to the land certificate
[or if the sale is of a part only of the land comprised in the title,
the land certificate having been deposited by the council with the
Land Registry for the registration of the purchaser]. The fee
payable on such registration shall be paid by the council. The
purchaser shall at the same time execute a charge iii the prescribed
form to be prepared by and at the expense of the council in respect
of any perpetual rent-charge, charge repayable by half-yearly in-
stalments, or terminable annuity, to secure a part or the residue of the
pur chase -money for the small holding.
7. The purchaser shall at the request of the council sign any
application to the Land Registry which is necessary for the purpose
of carrying out the sale.
8. If the purchaser shall fail to comply with any of the terms of
this agreement the council may by notice rescind the agreement.
SMALL HOLDINGS.
SCHEDULE.
[Here insert particulars of any liabilities, rights and interests
referred to in sect. IS of the Land Transfer Act, 1875, which are
known to the Council.]
NOTE. The following clauses may be added to the agreement
for letting where it is desired, in the case of land likely to be
cultivated as a market garden, to protect the council from undue
liability:
(1.) This holding is not let as a market garden, but if the tenant
executes any of the following improvements, viz.:
(a) Planting of standard or other fruit trees permanently set out;
(b) Planting of fruit bushes permanently set out;
(c) Planting of strawberry plants;
(d) Planting of asparagus, rhubarb, and other vegetable crops
which continue productive for two or more years;
he shall on the determination of the tenancy be entitled to receive
from the council such sum as fairly represents the increase (if any)
in value of the holding to the council due to those improvements,
having regard particularly to the then unexpired term of their lease,
which terminates at , 19 .
(2.) The tenant may, in lieu of claiming compensation for any
fruit or other trees or bushes planted or acquired by him, remove
the same before the determination of the tenancy, levelling the sur-
face of the land and restoring the same to a proper state and condition
and making good any damage caused by the removal.
(3.) For the purpose of protecting the council from any claim
for compensation for the above-mentioned improvements, other than
such as they hereby expressly agree to pay, such improvements are
to be treated as prohibited for the purpose of sect. 47 of the Small
Holdings and Allotments Act, 1908.
1366 SMALL HOLDINGS.
6. MODEL REGULATIONS for PARISH COUNCILS <tx to ALLOT-
MENTS, issued by the BOARD of AGRICULTI ui; and
FISHERIES, with FORMS of APPLICATION and AGREE MK NT
for LETTING.
Allotments Acts, 1887 to 1907.
Regulations made by the Parish Council of - - with respect
to Allotments for the Pcaish of - .
INTERPRETATION OF TERMS.
1. Throughout these regulations the expression "the council"
means the parish council of - , and includes any committee of
the council, and the expression " the parish " means the parish
of .
DEFINITION OF THE PERSONS ELIGIBLE TO BE TENANTS OF THE
ALLOTMENTS.
2. Any man or woman who at the time of application to the
council for an allotment has been resident in the parish for not
less than - - months, and belongs to the labouring population,
shall be eligible to become a tenant of an allotment, subject to
the statutory provision that one person shall not hold allotments
acquired under the above-mentioned Acts exceeding Jive acres.
DIVISION OF THE LAND INTO ALLOTMENTS.
3. The council, before giving notice of their intention to let any
land for allotments shall divide the land, and shall cause a plan
to be prepared showing each allotment, and distinguishing it by
a separate number. They shall enter each allotment under its
number in the register required to be kept under sect. 15 of the
Allotments Act, 1887 ().
NOTICES TO BE GIVEN FOR THE LETTING OF THE ALLOTMENTS.
4. The council shall give public notice by bills or placards,
posted in some conspicuous places in the parish, or otherwise
() Sect. 31 of Small Holdings and Allotments Act, 1908.
SMALL HOLDINGS.
exhibited therein, setting forth the particulars as to any allot-
ments which they propose to let.
Such notice shall specify the allotments to be let, and the size
thereof, the rent to be paid for the same, the name and address
of the clerk to the council to whom applications for the hiring of
an allotment, or for forms of application, are to be sent, and the
last day for receiving an application for an allotment.
If any special condition is to apply to the allotments, or any
of them, the notice shall specify such condition, or state where
copies of the form of agreement for letting for such allotments
may be seen.
If the tenant is to pay for tenant-right or compensation for
improvements, this fact and the amount, if then ascertained, shall
be stated in the notice.
REGULATIONS AS TO THE LETTING OF THE ALLOTMENTS, AND FOR
PREVENTING ANY UNDUE PREFERENCE IN THE LETTING
THEREOF.
5. The council shall not let any allotment unless and until
notice that they propose to let the same has been duly given in
pursuance of the regulation in that behalf at least [two] weeks
before the last day for receiving an application for such allotment.
Every application for an allotment shall be in the form
appended to these regulations, and shall be sent or delivered to
the clerk to the council.
In letting an allotment for which there are two or more appli-
cants eligible to become tenants and likely to keep the allotment
in a proper state of cultivation, preference shall be given to an
applicant who does not hold an allotment or agricultural land
(other than a garden of twenty poles or less attached to his resi-
dence), either from the council, or otherwise, over an applicant
who does hold such land, but, subject to such preference, the
tenant shall be determined by the drawing of lots by the council.
A quitting tenant of land shall, for the purposes of this regula-
tion, be treated as not holding that land.
AGREEMENTS FOR LETTING ALLOTMENTS.
6. When the council have decided to let an allotment to an
applicant, an agreement shall be signed by the clerk to the council
on behalf of the council, and by the applicant. The agreement
1367
1368 SMALL HOLDINGS.
shall be in the form appended to these regulations, or to the like
effect, unless the council and the applicant agree to vary the form.
GENEBAL CONDITIONS UNDER WHICH THE ALLOTMENTS ARE TO
BE CULTIVATED.
7. The tenant of an allotment shall comply with the following
conditions:
(1) He shall keep the allotment free from weeds, and well
manured, and otherwise maintain it in a proper state of
cultivation.
(2) He shall not cause any nuisance or annoyance to the occu-
pier of any other allotment, or obstruct any path set
out by the council for the use of the occupiers of the
allotments.
(3) He shall not underlet, assign, or part with the possession
of the allotment, or any part of it.
(4) He shall not, without the written consent of the council,
cut or prune any timber or other trees, or take, sell,
or carry away any mineral, gravel, sand, or clay.
SPECIAL CONDITIONS APPLICABLE ONLY WHEN NOTICE OF THEIR
APPLICATION TO PARTICULAR ALLOTMENTS HAS BEEN GIVKX
IN ACCORDANCE WITH THESE REGULATIONS.
8. The tenant of an allotment shall comply with any of the
following conditions, of which notice of their application to the
allotment has been given, in accordance with these regulations.
(1) He shall keep every hedge that forms part of the allot-
ment properly cut and trimmed, keep all ditches properly
cleansed, and shall maintain and keep in repair any
other fences and any gates on the allotment.
(2) Ho shall not, without the written consent of the council,
erect on the allotment any building except [here insert
toolhouse, greenhouse, fowlhouse, pigsty, or such other
building as, in the opinion of the council, should be
permitted to be erected by the tenant}.
(3) He shall not, without the Avritten consent of the council,
plant in the allotment any fruit trees or bushes, straw-
berry plants, asparagus, rhubarb, or other market garden
SMALL HOLDINGS.
crops which continue productive for two or more years.
[This regulation shall only be applied where the land
has been hired by the council (o).]
(4) He shall not, without the written consent of the council,
break up any pasture.
(5) He shall not use barbed wire for a fence adjoining any path
set out by the council for the use of occupiers of the
allotments.
(6) Ho shall, as regards the allotment, observe and perform
all conditions and covenants contained in the lease under
which the council hold the land.
(7) He shall observe and perform any other special condition
which the council consider necessary to preserve the
allotment from deterioration, and of which notice to
applicants for the allotment is given in accordance with
these regulations.
NOTICE OF DETERMINATION OF A TENANCY TO BE GIVEN TO TENANTS
OF ALLOTMENTS.
9. The council shall give to the tenant of any allotment not
less than - - months' notice of the determination of his tenancy,
such notice to take effect on [the 25th day of March or the 29th
day of September]; provided always that this regulation shall
not apply in the case of the determination of a tenancy in pur-
suance of sect. 8 of the Allotments Act, 1887 (p).
EXAMINATION OF THE REGISTER OF ALLOTMENTS BY RATEPAYERS.
10. The register required to be kept under sect. 15 of the Allot-
ments Act, 1887 (g), showing the particulars of the tenancy, acre-
age, and rent of every allotment let, and of the unlet allotments,
shall be deposited at , and shall be open at all reasonable
hours to the examination of any ratepayer in the parish.
(o) See note on this rule, post, p. 1372.
(p) Sect. 30 of Act of 1908.
q] Sect. 31 of Act of 1908.
1369
1370 SMALL HOLDINGS.
EXEMPTION OF CERTAIN LETTINGS FROM THESE REGULATIONS.
11. These regulations shall not apply to any land let to an
association, or to any allotment let before the date of the con-
firmation of these regulations, or to any allotment which the
council, under special circumstances to be recorded in their
minutes, may exempt from these regulations.
Form of Application for Allotments.
To the clerk to the parish council of - .
I the undersigned hereby make application for one [or No. -
of the allotments provided by the council at .
1. Name .
2. Residence .
3. Age -
4. Occupation .
5. How long resident in the parish .
6. Whether holding any allotment, or agricultural land (other than
a garden of twenty poles or less attached to my residence),
and if so
(a) From whom .
(b) Extent of land so held .
(c) Whether quitting the land, and if so why - .
In the event of my application being granted, I agree when
required by the council to sign an agreement for letting in the form
prescribed by the regulations, and to pay the stamp duty on such
agreement, and to pay for tenant right and compensation for
improvements the sum stated in the notice of letting [or such sum
as shall be found due to the outgoing tenant for such matters].
Signature .
Date .
Form of Agreement for Letting.
Agreement made this - - day of - , 19 , between the parish
council of - - (hereinafter called the council) of the one part, and
of - (hereinafter called the tenant) of the other part, whereby
the said council agree to let, and the said tenant agrees to hire as
a yearly tenant from the - - day of - , 19 , the allotments]
numbered - - in the register of allotments provided by the council
and containing or thereabouts [(r) subject to the exceptions and
(r} Omit words in brackets if inapplicable.
SMALL HOLDINGS.
reservations contained in the lease under which the council hold
the land], at the yearly rent of - - payable half-yearly and at a
proportionate rent for any part of a year over which the tenancy
may extend.
The tenancy is subject to the regulations endorsed on this agree-
ment and to the following conditions:
(a) The rent shall be paid (s) on the day of , the
day of - - [the - - day of - , and the - - day of
] in each year.
(b) The tenant shall keep the allotment free from weeds, and
well manured, and otherwise maintain it in a proper state
of cultivation.
(c) The tenant shall not cause any nuisance or annoyance to the
occupier of any other allotment, or obstruct any path set
out by the council for the use of the occupiers of the allot-
ments.
(d) The tenant shall not underlet, assign, or part with the pos-
session of the allotment or any part of it.
(e) The tenant shall not without the written consent of the council
cut or prune any timber or other trees, or take, sell, or carry
away any mineral, gravel, sand, or clay.
(f) Any member or officer of the council shall be entitled at any
time when directed by the council to enter and inspect the
allotment.
(g) The tenancy shall determine on the 25th day of March or the
29th day of September next after the death of the tenant.
It may also be determined under section 8 of the Allot-
ments Act, 1887 (), on one month's notice:
(1) If the rent is in arrear for not less than forty days;
or
(2) If it appears to the council that the tenant not less
than three months after the commencement of the tenancy
has not duly observed the conditions contained in or endorsed
on this agreement, or is resident more than one mile out of
the parish.
The tenancy may also be determined by the council or tenant by
(s) The rent may, to the extent of one quarter, be made payable in
advance.
(<) Sect. 30 of Act of 1908.
B. VOL. II. 33
1372 SMALL HOLDINGS.
months' notice in writing expiring on (the 25th day of March,
or the 29th day of September).
Signed
Clerk to Parish Council.
Witness .
Signed
Witness <-. - Tenant.
[Any special conditions affecting the allotment are to be endorsed
on the agreement.']
7. NOTE of BOARD of AGRICULTURE and FISHERIES on
Rule 8, Paragraph (3), of MODEL RULES as to ALLOT-
MENTS.
(3) He shall not, without the written consent of the council,
plant in the allotment any fruit trees or bushes, strawberry plants,
asparagus, rhubarb, or other market garden crops which continue
productive for two or more years. [This regulation shall only be
applied where the land has been hired by the council.']
The question has been raised as to whether the general adop-
tion of this provision is consistent with sect. 47 of the Small
Holdings and Allotments Act, 1908.
Where the use of the land for market-gardening is reasonable,
the Board think no obstacle should be thrown in the way of such
use, provided that terms as to compensation a<re arranged which
are equitable as between tenant and council, having regard to all
the circumstances of the case, and in particular to the extent of
the council's interest in the land.
The Board are prepared, subject to the consideration of any
objection that may be made before confirmation of the rules, to
allow either of the provisions explained below.
In the form of agreement there may be inserted the following
clause:
For the purpose of protecting the council from claims for com-
pensation for planting [(u) fruit trees or bushes, strawberry
plants, asparagus, rhubarb, or other vegetable crops which con-
tinue productive for two or more years], the council hereby pro-
() Note to be printed at foot of clause or rule: " Any one or more of
these improvements may be omitted as regards a particular tenancy."
SMALL HOLDINGS. 1373
hibit such improvements in the allotment, subject to the appeal
provided by sect. 47 of the Small Holdings and Allotments Act,
1908.
Tho following additional rule might be adopted:
PROVISION AS TO MARKET GARDEN IMPROVEMENTS.
Rule . Except where it is otherwise expressly agreed, an
allotment shall be held subject to the following conditions, which
shall be endorsed on the agreement for letting any allotment to
which it applies:
(1) The allotment shall not be let or treated as a market garden,
but if the tenant executes any of the following improve-
ments (u), viz.:
(a) planting of standard or other fruit trees per-
manently set out;
(b) planting of fruit bushes permanently set out;
(c) planting of strawberry plants;
(d) planting of asparagus, rhubarb, and other vege-
table crops which continue productive for two or more
years;
he shall, on the determination of the tenancy, be en-
titled to receive from the council such sum as fairly
represents the increase (if any) in value of the allotment
to the council due to these improvements, having regard
particularly to the then unexpired term of the lease (if
any) under which the land is held by the council.
(2) The tenant may, in lieu of claiming compensation for any
fruit or other trees or bushes planted or acquired by
him, remove the same before the determination of the
tenancy, levelling the surface of the land, and restoring
the same to a proper state and condition, and making"
good any damage caused by the removal.
(3) For the purpose of protecting the council from claims for
compensation for the above-mentioned improvements,
other than such compensation as is provided by this
rule, such improvements are to be treated as prohibited
() Note to be printed at foot of clause or rule: "Any one or more
of these improvements may be omitted as regards a particular tenancy."
33 (2)
1374
SMALL HOLDINGS.
for the purpose of sect. 47 of the Small Holdings and
Allotments Act, 1908.
20th February, 1909.
8. MODEL REGULATIONS for ihe COUNCILS of BOROUGHS
and URBAN DISTRICTS as to ALLOTMENTS issued by the
BOARD of AGRICULTURE and FISHERIES.
Allotments Acts, 1887 to 1907.
Regulations made by the (x) - - with respect to allotments for
the (y} .
INTERPRETATION OF TERMS.
1. Throughout these regulations the expression "the council"
means the (x) , and includes any allotment managers
appointed by the council under the Allotments Acts, 1887 to-
1907.
DEFINITION OF THE PERSONS ELIGIBLE TO BE TENANTS OF
THE ALLOTMENTS.
2. Any man or woman who, at the time of application to the
council for an allotment, has been resident in the (z) - - for
not less than - - months, and belongs to the labouring popula-
tion, shall be eligible to become a tenant of an allotment, subject
to the statutory provision that one person shall not hold allot-
ments acquired under the above-mentioned Acts exceeding five
acres.
DIVISION OF THE LAND INTO ALLOTMENTS.
3. The council, before giving notice of their intention to let
any land for allotments, shall divide the land, and shall cause a
plan to be prepared showing each allotment, and distinguishing
it by a separate number. They shall enter each allotment under
(x) Insert " mayor, aldermen and burgesses of the borough of >
acting by the council," or " urban district council of ."
(y) Insert " said borough," or " said urban district."
() Insert " borough," or " district."
SMALL HOLDINGS.
its number in the register required to be kept under sect. 15 of
the Allotments Act, 1887 (a).
NOTICES TO BE GIVEN FOR THE LETTING OF THE ALLOTMENTS.
4. The council shall give public notice by bills or placards,
posted in some conspicuous places in the (6) - , or otherwise
exhibited therein, setting forth the particulars as to any allot-
ments which they propose to let.
Such notice shall specify the allotments to be let, and the size
thereof, the rent to be paid for the same, the name and address
of the clerk to the council, to whom applications for the hiring
of an allotment, or for forms of application, are to be sent, and
the last day for receiving an application for an allotment.
If any special condition is to apply to the allotments, or any
of them, the notice shall specify such condition, or state where
copies of the form of agreement for letting for such allotments
may be seen.
If the tenant is to pay for tenant-right or compensation for
improvements, this fact and the amount, if then ascertained, shall
be stated in the notice.
REGULATIONS AS TO THE LETTING OF THE ALLOTMENTS, AND FOR
PREVENTING ANY UNDUE PREFERENCE IN THE LETTING
THEREOF.
5. The council shall not let any allotment unless and until
notice that they propose to let the same has been duly given, in
pursuance of the regulation in that behalf, at least [two] weeks
before the last day for receiving an application for such allotment.
Every application for an allotment shall be in the form
appended to these regulations, and shall be sent or delivered to
the clerk to the council.
In letting an allotment for which there are two or more appli-
cants eligible to become tenants, and likely to keep the allot-
ment in a proper state of cultivation, preference shall be given to
an applicant who does not hold an allotment or agricultural land
(other than a garden of twenty poles or less attached to his resi-
dence), either from the council or otherwise, over an applicant
(a) Sect. 31 of Act of 1908.
(6) Insert "borough," or "district."
SMALL HOLDINGS.
who does hold such land, but, subject to such preference, the tenant
shall be determined by the drawing of lots by the council. A
quitting tenant of land shall, for the purposes of this regulation ,
be treated as not holding that land.
AGREEMENTS FOR LETTING ALLOTMENTS.
6. When the council have decided to let an allotment to an
applicant, an agreement shall be signed by the clerk to the council
on behalf of the council, and by the applicant. The agreement
shall be in the form appended to these regulations, or to the like
effect, unless the council and the applicant agree to vary the form.
GENERAL CONDITIONS UNDER WHICH THE ALLOTMENTS ARE TO BE
CULTIVATED.
7. The tenant of an allotment shall comply with the following
conditions:
(1) He shall keep the allotment free from weeds, and well
manured, and otherwise maintain it in a proper state
of cultivation.
(2) He shall not cause any nuisance or annoyance to the occu-
pier of any other allotment, or obstruct any path set
out by the council for the use of the occupiers of the
allotments.
(3) He shall not underlet, assign, or part with the possession
of the allotment, or any part of it.
(4) He shall not, without the written consent of the council^
cut or prune any timber or other trees, or take, sell^
or carry away any mineral, gravel, sand, or clay.
SPECIAL CONDITIONS APPLICABLE ONLY WHEN NOTICE OF THEIR
APPLICATION TO PARTICULAR ALLOTMENTS HAS BEEN GIVEN
IN ACCORDANCE WITH THESE REGULATIONS.
8. The tenant of an allotment shall comply with any of the
following conditions, of which notice of their application to the
allotment has been given, in accordance with these regulations:
(1) He shall keep every hedge that forms part of the allot-
ment properly cut and trimmed, keep all ditches properly
SMALL HOLDINGS. 1377
cleansed, and shall maintain and keep in repair any other
fences and any gates on the allotment.
(2) He shall not, without the written consent of the council,
erect on the allotment any building except [here insert
toolhouse, greenhouse, fowlhouse, pigsty, or such other
building as, in the opinion of the council, should be per-
mitted to be erected by the tenant}.
(3) He shall not, without the written consent of the council,
plant in the allotment any fruit trees or bushes, straw-
berry plants, asparagus, rhubarb, or other market
garden crops which continue productive for two or more
years. [This regulation shall only be applied where
the land has been hired by the council (&).]
(4) He shall not, without the written consent of the council,
break up any pastureW"
(5) He shall not use barbed wire for a fence adjoining any
path set out by the council for the use of occupiers of
the allotments.
(6) He shall, as regards the allotment, observe and perform
all conditions and covenants contained in the lease under
which the council hold the land.
(7) He shall observe and perform any other special condition
which the council consider necessary to preserve the allot-
ment from deterioration, and of which notice to appli-
cants for the allotment is given in accordance with these
regulations.
NOTICE OF DETERMINATION OF A TENANCY TO BE GIVEN TO TENANTS
OF ALLOTMENTS.
9. The council shall give to the tenant of any allotment not
less than - - months' notice of the determination of his
tenancy, such notice to take effect on [the 25th day of March or
the 29th day of September]; provided always that this regula-
tion shall not apply in the case of the determination of a tenancy
in pursuance of sect. 8 of the Allotments Act, 1887 (c).
(6) See note on this rule, ante, p. 1372.
(c) Sect. 30 of Act of 1908.
1378 SMALL HOLDINGS.
EXAMINATION OF THE REGISTER OF ALLOTMENTS BY RATEPAYERS.
10. The register required to be kept under sect. 15 of the
Allotments Act, 1887 (d~), showing the particulars of the tenancy,
acreage, and rent of every allotment let, and of the unlet allot-
ments, shall be deposited at the office of the clerk to the council,
and shall be open at all reasonable hours to the examination of
any ratepayer in the - - (e) .
EXEMPTION OF CERTAIN LETTINGS FROM THESE REGULATIONS.
11. These regulations shall not apply to any land let to an
association, or to any allotment let before the date of the con-
firmation of these regulations, or to any allotment which the
council, under special circumstances to be recorded in their
minutes, may exempt from these regulations.
Form of Application for Allotments.
To the clerk to the (/).
I the undersigned hereby make application for one [or No. -
of the allotments provided by the council at .
1. Name .
2. Residence - .
3. Age -
4. Occupation - .
5. How long resident in the - (fir).
6. Whether holding any allotment, or agricultural land (other
than a garden of 20 poles or less attached to my residence),
and if so
(a) From whom .
(c) Whether quitting the land, and if so, why .
In the event of my application being granted, I agree when re-
quired by the council to sign an agreement for letting in the form
prescribed by the regulations, and to pay the stamp duty on such
agreement, and to pay for tenant right and compensation for im-
(<Z) Sect. 31 of Act of 1908.
(e) Insert "borough," or "district."
(/) Insert " town council for the borough of ," or " urban district
council of ."
(gr) Insert "borough," or "district."
SMALL HOLDINGS.
provements the sum stated in. the notice of letting [or such sum as
shall be found due to the outgoing tenant for such matters].
Signature .
Date . i'
Form of Agreement for Letting.
Agreement made this - - day of - , 19 , between (h) (here-
inafter called the council) of the one part, and of - - (herein-
after called the tenant) of the other part, whereby the said council
agrees to -let, and the said tenant agrees to hire as a yearly tenant
from the day of - , 19 , the allotments] numbered in
the register of allotments provided by the council and containing
or thereabouts [(i) subject to the exceptions and reservations
contained in the lease under which the council hold the land] at the
yearly rent of - - payable half-yearly and at a proportionate rent
for any part of a year over which the tenancy may extend.
The tenancy is subject to the regulations endorsed on this agree-
ment and to the following conditions:
(a) The rent shall be paid (fc) on the - - day of , the
day of - - [the - - day of - , and the - - day of
] in each year.
(b) The tenant shall keep the allotment free from weeds, and
well manured, and otherwise maintain it in a proper state
of cultivation.
(c) The tenant shall not cause any nuisance or annoyance to the
occupier of any other allotment, or obstruct any path set
out by the council for the use of the occupiers of the allot-
ments.
(d) The tenant shall not underlet, assign, or part with the pos-
session of the allotment or any part of it.
{e) The tenant shall not without the consent of the council cut
or prune any timber or other trees, or take, sell, or carry
away any mineral, gravel, sand, or clay,
{f) Any member or officer of the council shall be entitled at any
time when directed by the council to enter and inspect the
allotment.
(A) Insert " town council for the borough of ," or " urban district
council of ."
(i} Omit words in brackets if inapplicable.
(fc) The rent may, to the extent of one quarter, be made payable in
advance.
13HO SMALL HOLDINGS.
(g) The tenancy shall determine on the 25th day of March or the
29th day of September next after the death of the tenant.
It may also be determined under sect. 8 of the Allotments
Act, 1887 (1), on one month's notice:
(1.) If the rent is in arrear for not less than forty days; or
(2.) If it appears to the council that the tenant not less
than three months after the commencement of the tenancy
has not duly observed the conditions contained in or en-
dorsed on this agreement, or is resident more than one mile
out of the (w).
The tenancy may also be determined by the council or tenant by
months' notice in writing expiring on [the 25th day of March f
or the 29th day of September].
Signed
- Clerk to the council.
Witness .
Signed
Tenant.
Witness .
\_Any special conditions affecting the allotment are to be endorsed
on the agreement. .]
9. FORM of VOLUNTARY LEASE by LANDOWNER to COUNTY
COUNCIL for purpose of LETTING in SMALL HOLDINGS,
THIS INDENTURE, made the day of -, 19
BETWEEN A. B., of - - (hereinafter called the landlord, which
expression shall include his heirs and assigns where the context
so admits), of the one part, and the county council (herein-
after called the council, which expression shall include their
successors and assigns where the context so admits) of the other
part, WITNESSETH, that in consideration of the rent and
covenants hereinafter reserved and contained, the landlord hereby
demises to the council ALL those lands and hereditaments situate
at , in the county of , containing acres, or there-
abouts, and more particularly described in the schedule hereto,
EXCEPT and reserving as hereinafter mentioned, TO HOLD the
(Z) Sect. 30 of Act of 1908.
(TO) Insert " borough," or " district."
SMALL HOLDINGS.
premises UNTO the council from the - - day of - - for the
term of - years, YIELDING AND PAYING therefor the yearly
rent of , to be paid by equal half-yearly payments on
the day of and - - day of in each year.
EXCEPTIONS AND RESERVATIONS BY THE LANDLORD.
1. All mines, minerals, stone, gravel and sand, with right of
entry to work the same.
2. All timber and other trees, pollards, saplings, and under-
wood, with right of entry to mark, cut, and carry away the same,
making reasonable compensation for all damage done.
3. Subject to the Ground Game Acts, 1880 and 1906, all game,
ground or otherwise, including wildfowl and nests and eggs, with
a right for the landlord and all persons authorised by him to enter
for the purpose of preserving the same, and for hunting and
shooting.
And the council hereby covenant with the landlord
1. To pay the rent as hereby reserved, and all rates, taxes,
and outgoings except landlord's property tax and tithe rent-
charge.
2. To maintain and keep in good repair all buildings, gates,
stiles, hedges, mounds and fences, and to cleanse and scour all
ditches, drains, culverts, and watercourses.
3. To cut, spud and keep down all nettles, thistles, rushes, and
tussocks, and to remove all mole and ant hills.
4. To cultivate, keep and manage, or cause the land to be
cultivated, kept, and managed, in a good and husbaiidlike manner,
and to use, and permit the same to be used, as an agricultural
holding only, and not to injure or deteriorate the holding, or
permit the same to be injured or deteriorated, and to leave the
land in good heart and condition.
5. In the last year of the term to cultivate or cause the arable
land to be cultivated on the four-course system, having not more
than one-fourth part thereof in wheat, and one-fourth in barley,
or oats, and at least one-fourth in roots, green crop fed off or
fallow, and one-fourth in clover or seeds, vetches or beans, of
which last-named one-fourth part not less than one-half shall
be in clover or seeds [or such other provisions for the last year's
1382
SMALL HOLDINGS.
cultivation as may be desirable, according to the nature of the
land].
6. Not to break up, or permit to be broken up, any of the
grass land, nor to mow, or permit the same to be mown, more
than once in any year, nor more than two years in succession
without sufficiently manuring the same.
7. Not to sell or remove, or permit to be sold or removed,
from the holding, any hay, straw, roots, or green crops without
bringing back and applying. to the holding the full equivalent
manurial value in manure or feeding stuffs of all hay, straw, roots,
or green crops so sold or removed.
8. Not to sell or remove, or permit to be sold or removed, any
hay, straw, roots, or green crops produced on the holding in the
last year of the term, and to leave any unconsumed hay and straw
for the landlord or incoming tenant at a consuming price.
9. To spread and use, or cause to be spread and used on the
holding, all dung, manure, and compost produced thereon, and on
the termination of the tenancy to leave all unused dung, manure,
and compost for the landlord or incoming tenant without com-
pensation for the same.
10. To preserve all timber, timber-like trees and underwood,
and not to cut, lop, top, drive nails into, or otherwise injure or
permit to be cut, lopped, topped, or injured in any way, any
timber, or timber-like trees, or underwood.
11. Not to use or erect, or permit to be used or erected, any
barbed or other wire fence on the holding without the consent in
writing of the landlord (n).
[Add any other covenants necessary in the particular case.]
GENERAL CONDITIONS.
1. The landlord shall have power, upon giving to the council
twelve months' previous notice in writing, to resume possession
of the land hereby demised, or part thereof, if required to be used
for building, mining, or other industrial purpose, or for roads
necessary therefor, and if part only of the land is so resumed,
the rent payable shall, as from the date of resumption, be reduced
() This covenant to be omitted if not thought necessary.
SMALL HOLDINGS.
by such sum as, in default of agreement, may be determined by
arbitration in manner hereinafter provided.
2. The landlord shall have power to re-enter and determine the
tenancy on non-payment of the rent for twenty-one days after the
same shall have become due (whether legally demanded or not), or
on breach of any of the conditions or covenants herein contained,
and on the council's part to be observed and performed.
3. All questions and matters in dispute arising under these
presents, and all compensation, damages, and allowances to which
either party may claim to be entitled hereunder, or otherwise, in
respect of the tenancy hereby created, upon which the landlord
and council fail to agree, shall be referred to arbitration in manner
provided by the Agricultural Holdings Act, 1908, but without
prejudice to the option of the landlord in respect of any claim
against the council, instead of submitting the same to arbitration
to have recourse to any right of action or other remedy.
4. It is hereby agreed that the council shall not be entitled to
compensation for any of the improvements mentioned in Part I.
of the Second Schedule to the Small Holdings and Allotments
Act, 1908, or for any of the improvements mentioned in Part II.
of the same Schedule, unless the landlord has previously to the
making or execution thereof consented in writing thereto.
IN WITNESS, &c.
THE SCHEDULE ABOVE REFERRED TO.
1383
No. on
Ordnance Map.
Name of Field.
Cultivation.
Area.
1384 TITHES.
TITHES.
1. NOTICE of APPLICATION where the OWNER of the LAND
is also OCCUPIER.
Tithe Act, 1891.
In the County Court of , holden at .
I (a), , give notice that I apply for an order for the recovery
of the sum of - - pounds, - - shillings, and - pence, due in
respect of the tithe rentcharge issuing out of the lands described
in the first part of the schedule to this application for the period
of (6) , and which became payable on the - - day of - ,
19.
The owner of the said lands is (c) , and the owner is
himself the occupier thereof [or, I do not know, or, cannot ascer-
tain the owner of the lands].
I shall apply that the order for recovery be executed by the
appointment of an officer to distrain under sub-sect. 2 of sect. 2
of the Act.
[(d) The lands in the same parish as those described in the
first part of the schedule, and occupied by the same person as those
lands as owner thereof, are described in the second part of the
schedule.]
Dated this - - day of , 19 .
A. B.
[or, E. F., agent for A. B., the person entitled
to the sum due].
(a) Insert name, address, and description of applicant, or, if applica-
tion bo made by agent, his name, address, and description, and statement
that he is the agent for A. B., the person entitled to the sum due (address
and description).
(6) Insert period.
(c) Insert name, address, and description of owner of the lands.
(d) This paragraph, and also the second part of the schedule which
corresponds to it, should be struck through if the applicant is unable to
givo the required particulars.
TITHES.
SCHEDULE OF LANDS.
PART I. Lands out of which Tithe Rentcharge issues.
Name or Description
of Lands.
Parish
in which
situate.
County
in which
situate.
Number in Parish
Apportionment,
if known.
PART II. Lands in the same parish, occupied and owned by
the same person as those in Part I.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
1385
2. NOTICE of APPLICATION where OWNER of LANDS is not
the OCCUPIER.
Tithe Act, 1891.
In the County Court of , holden at .
-, give notice that I shall apply for an order for the
I (e), -
recovery of the sum of
pounds,
shillings, and
pence, due in respect of the tithe rentcharge issuing out of the
lands described in the first part of the schedule to this applica-
tion, for the period of (/) , and which became payable on
the day of , 19 .
(e) Insert name, address, and description of applicant, or, if application
be made by agent, his name, address, and description, and statement that
lie is the agent for A. B., the person entitled to the sum due (address and
description).
(/) Insert period.
TITHES.
The owner of the said lands is (g} [or, I do not know, or,
cannot ascertain the owner of the lands], and the occupier thereof
is M. N. [insert name and address] [(h) who holds the lands at
one rent, together with lands in the parish of - ].
(ij [I shall apply that the order for recovery be executed by the
appointment of X. Y. [insert name and address] as the receiver
under sub-sect. 3 of sect. 2 of the Act.]
I have received no notice under sub-sect. 6 of sect. 2 of the
Act that the occupier is liable to pay the amount of the tithe
rentcharge to the owner of the lands.
(fr) [I desire that additional service on the owner of the lands
be made through M. N., the occupier thereof, or through P. Q.
[insert name and address], the person who receives the rent and
profits of the lands for or on behalf of the owner of the lands.]
(Z) [The lands described in the second part of the schedule are
in the same parish as those described in the first part of the
schedule, and are occupied by M. N. either as owner or as tenant
under the same landlord, under whom he occupies the lands
described in the first part of the schedule.]
Dated this day of , 19 .
A. B.
[or, E. F., agent for A. B., the person entitled
to the sum due].
(</) Insert name, address, and description of owner of the lands.
(h) These words should be struck out, unless the applicant can give the
required information.
(i) If these words are struck out or no name inserted an officer of the
Court will be appointed receiver.
(fc) Where additional service is required insert these words.
(Z) This paragraph, and also the second part of the schedule which
corresponds to it, should be struck out if the applicant is unable to give
the required particulars.
TITHES.
1387
SCHEDULE OF LANDS.
PART I. Lands out of which the Tithe Rentcharge issues.
Name or Description
of Lands.
Parish
in which
situate.
County
in which
situate.
Number in Parish
Apportionment,
if known.
PART II. Lands occupied by M. N. in the same parish as
those in Part I.
Name and Description
of Lands.
Parish in which
situate.
County in which
situate.
3. NOTICE of APPLICATION where OCCUPIER'S LIABILITY
NOTICE is FILED.
Tithe Act, 1891.
In the County Court of , holden at .
I (m), , give notice that I shall apply for an order for the*
recovery of the sum of pounds, - shillings, and
pence, due in respect of the tithe rentcharge issuing out of the
lands described in the first part of the schedule to this applica 1 -
tion, for the period of (n) , and which became payable on
the day of , 19 .
(m] Insert name, address, and description of applicant, or, if application
be made by agent, his name, address, and description, and statement that
he is the agent for A. B., the person entitled to the sum due (address and
description).
(n) Insert period.
B. VOL. n. 34
TITHES.
The owner of the said lands is (o) - - [or, I do not know, or,
cannot ascertain the owner of the lands] and the occupier thereof
is M. N. (p) \_(q) who occupies the lands at one rent, together
with lands in the parish of ].
(r) [I shall apply that the order for recovery be executed by the
appointment of X. Y., [insert name and address], as the
receiver under sub-sect. 3 of sect. 2 of the Act.]
(s) [I desire that additional service on the owner of the lands
be made through M. N., the occupier thereof, or through P. Q.
[insert name and address], the person who receives the rents and
profits of the lands for or on behalf of the owner of the lands.]
() [The lands described in the second part of the schedule are
in the same parish as those described in the first pajt of the
schedule, and are occupied by M. N., either as owner or as tenant,
under the same landlord, under whom he occupies the lands
described in the first part of the schedule.]
Dated this day of , 19 .
A. B., owner of the tithe rentcharg
[or, E. F., agent for A. B., the person entitled
to the sum due].
SCHEDULE OF LANDS.
PART I. Lands out of which the Tithe Rentcharge issues.
Name or Description
of Lands.
Parish
in which
situate.
County
in which
situate.
Number in Parish
Apportionment,
if known.
(o) Insert name, address, and description of owner of the lands.
(p) Insert address and description.
(q) These words should be struck out, unless the applicant can give the
required information.
(r) If these words are struck out or no name inserted an officer of the
Court will be appointed receiver.
(s) Where additional service is required insert these words.
() This paragraph, and also the second part of the schedule which
corresponds to it, should be struck through if the applicant is unable to
give the required particulars.
TITHES.
1389
PART II. Lands occupied by M. N. in the same parish as
those in Part I.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
Respondents.
4. NOTICE to RESPONDENT to be SERVED with the DUPLI-
CATE NOTICE of APPLICATION.
Tithe Act, 1891.
No. of Application .
In the County Court of , holden at .
A. B., applicant [insert address and description].
[C. D.], owner of the lands [insert, if known,
address and description] [not known].
[M.N., occupier of the lands [insert address
and description].
To (u) , the owner of the land out of which the tithe rent-
charge mentioned in the notice of application sent herewith issues .
[(#) And to M. N., occupier of the said lands.]
Take notice that the application by A. B., of which a copy is
sent herewith, will be heard at the sitting of the Co'urt, to be-
holden at [insert courthouse], on the - - day of , 19 , at
the hour of - , in the noon, and that if you wish to oppose
the application you must, five clear days before the day appointed
for the hearing, file with the registrar of this Court the notice
of opposition given below.
And take notice that if you intend to apply for time to pay.
(w) Insert name, address, and description of owner of the lands, if
known.
(05) To be inserted where occupier's liability notice has been filed.
34 (2)
1390 TITHES.
or for a remission in respect of the tithe rentcharge, you must, in
giving notice of opposition, specify that intention.
Dated this day of , 19 .
, Registrar.
s. d.
Amount of tithe rentcharge claimed
Costs of this notice
Amount upon the payment of which you will
incur no further costs
If you do not give notice of opposition, or do not appear on the
day appointed for the hearing, the Court may make an order
against you in your absence.
5. NOTICE of OPPOSITION.
Tithe Act, 1891.
No. of Application - .
In the County Court of - , holden at .
In the Matter of the application of A. B.
To the registrar of the County Court of - .
TAKE NOTICE that I wish to oppose the application of A. B., of
which I have received notice, on the ground [here state grounds,
e.g., that I am not the owner of the lands in respect of which the
application is made; or, that the applicant is not the owner of
the tithe rentcharge mentioned in the notice of application; or,
that the amount claimed in respect of the tithe rentcharge has
been paid ; or any other grounds that are intended to be relied o?i]
[or [land] I intend to apply for a remission in respect of such
tithe rentcharge, or [and] for time to pay the claim].
[(i/) And I state that M. N., - , is the occupier of such
land.]
[(2) And I state that there is no other tithe rentcharge issuing
(y) Here, if the owner of the lands, state name, address, and description
of the occupier.
(2) This paragraph should be struck out, except where an order for
remission is applied for.
TITHES. 1391
out of the lands, except that in respect of which the application
is made, or, that there is, besides the tithe rentcharge in respect
of which the application is made, a tithe rentcharge issuing out
of the lands in respect of [e.g., great or small] tithe, of which
P. Q. [insert name and address] is owner].
Dated the day of - , 19 .
C. D., owner of the lands
[or, G. K., solicitor of C. D.],
or, M. N., occupier of the lands
[or, G. K., solicitor of M. N.].
6. NOTICE to APPLICANT of NOTICE of OPPOSITION.
No. of Application .
Tithe Act, 1891.
In the County Court of , hold en at .
A. B., applicant.
[C. D.], owner of the lands [not lcnowri\. ) -
PUT XT j? *.!_ i i -> 1 -Respondents.
[M. N., occupier of the lands]. j
To A. B., applicant.
TAKE NOTICE that C. D., owner of the lands in respect of which
the application is made [or, M. N., occupier of the lands in respect
of which the application is made], has given notice of opposition
in the above matter on the ground that (a) [or ['and] that ho
intends to apply for a remission in respect of the tithe rentcharge.
or [and] for time to pay the claim].
The application will be heard at the sitting of the Court to
be holden at [insert courthouse] - , on the day of ,
19 , at the hour of in the noon.
Dated this day of , 19.
, Registrar.
(a) Insert ground stated in notice of opposition.
1392 TITHES.
7. NOTICE of CHANGE of DAY APPOINTED for HEARING
APPLICATION.
[Heading as in Form 6.]
To A. B., applicant [or, to C. D., owner of the lands in respect
of which the application is made].
TAKE NOTICE that, for the purpose of giving M. N., the occupier
of the lands in respect of which the application is made, an
opportunity of being heard, the day for hearing the above appli-
cation is changed, and the application will now be heard at the
sitting of the Court to be holden at [insert courthouse] , on
the - - day of , 19 , at the hour of - - in the noon.
Dated this day of , 19.
, Registrar.
8. ORDER on APPLICATION where LANDS not OCCUPIED by
the OWNER.
[Heading as in Form 6.]
IT is this day ordered that the sum of - - pounds, - - shillings,
and pence, be recovered, together with costs, in respect of
tithe rentcharge issuing out of the lands described in [the first
part of] the schedule to this order, due for the period of - ;
and for the purpose of recovering that sum, together with costs,
X. Y. (6), - , is hereby appointed to receive the rents and
profits of these lands, and also the rents and profits of any other
lands [(c) or, of the lands described in the second part of the said
schedule], which would have been liable to be distrained upon for
the tithe rentcharge under the provisions of sect. 85 of the Tithe
Act, 1836; and that the tenants of the said lands are to attorn
and pay their rents in arrear and growing rents to the receiver.
[To be added where apportionment of rent is made at the time
of making the order :]
AND WHEREAS it appears that the above-mentioned lands [or, a
certain part of the above-mentioned lands, namely, those known
(6) Here insert name, address, and description of person appointed
receiver.
(c) Insert these words if a description of the lands can be given.
TITHES.
1393
as (d) ] are held at one rent, together with other lands, situate
in a different parish, it is further ordered that out of the total
rent payable in respect of the lands situate in the two parishes, the
sum of [15] shall be taken ais payable for the purpose of the
Tithe Act, 1891, in respect of the lands situate in the parish of
-, of which X. Y. is appointed receiver.
By the Court.
Dated, the
day of
19.
Registrar of the Court.
SCHEDULE OF LANDS.
PART I. Lands out of which the Tithe Rentcharge issues.
Name or Description
of Lands.
Name of
Parish in which
situate.
Name of
County in which
situate.
Number
on Parish Appor-
tionment.
PART II. Lands which would be liable to be distrained on
under sect. 85 of the Tithe Act, 1836.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
9. ORDER for DISTRESS where the OWNER of the LANDS
is in OCCUPATION.
[Heading as in Form 6.]
IT is this day ordered that the sum of pounds,
shillings,
and
pence, be recovered, together with costs, in respect of
(d) Insert description of lands.
1894
TITHES.
tithe rentcharge issuing out of the lands described in the [first part
of the] schedule to this order, due for the period of , and for
the purpose of such recovery X. Y., an officer appointed by this
Court, shall distrain upon those lands, and also on the lands
[(e) described in the second part of the same schedule] which are
liable to be distrained on under sect. 85 of the Tithe Act, 1836,
for the said sum, together with pounds, shillings, and
pence, for costs, and also the costs of the distress, and that
for the making of such distress this order shall be such officer's
warrant.
By the Court.
Dated the
day of
19.
-, Registrar of the Court.
SCHEDULE OF LANDS.
PART I. Lands out of which the Tithe Rentcharge issues.
Name or Description
of Lands.
Name of
Parish in
which situate.
Name of
County in
which situate.
Number on Parish
Apportionment.
PART II. Lands liable to be distrained on under sect. 85 of the
Tithe Act, 1836, other than those described in Part I.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
(e) Insert these words if a description of the lands can be given.
TITHK8. 1395
10. NOTICE to OCCUPIER of LANDS of RECEIVER'S APPOINT-
MENT.
[Reading as in Form 6.]
To M. N., occupier of the lands described in the schedule.
I, X. Y. (/), - , hereby give you notice that under an Order
of Court made in the above matter, on the - - day of - , I
have been appointed receiver of the rents and profits of the lands
described in the schedule and occupied by you, and I require you,
within - - days, to attorn tenant to me, and to give me infor-
mation as to the following matters with regard to your
tenancy (#).
Dated this day of , 19.
X. Y., Receiver.
NOTE. A form of attornment is sent herewith.
SCHEDULE OF LANDS.
[Here describe the lands, e.g., Brue Farm, in the parish of
in the county of ; or, so much of Brue Farm as is
situate in the parish of , in the county of ; or, the house
known as No. , Road, in the parish of , in the
county of .]
FORM OF ATTORNMENT.
[Heading as in Form 6.]
I, M. N., hereby attorn and become tenant to you, X. Y., of
the land described in the schedule, according to the terms and
condition contained in (h) , and at the rent of thereby
reserved.
In witness whereof I have hereunto set my hand this
day of , 19 .
M. N.
0. P. [insert name and description],
Witness to the signature of the said M. N.
SCHEDULE OF LANDS TO ATTORNMENT.
\_As in Receiver's notice of appointment.]
(/) Insert name and address.
(gr) Insert matter as to which information is required,
(ft) Here insert description, date, and particulars of instrument under
which the lands are held.
1396
TITHES.
11. ORDER far DISTRESS in NAME of OWNER of LANDS.
[Heading as in Form 6.]
IT is this day ordered that X. Y., the receiver of the rents and
profits of the lands described in the schedule to this order, be at
liberty to distrain upon those lands for the rent due in respect
thereof, and that such distraint may be made in the name of - ,
owner of the lands.
By the Court.
Dated the day of , 19.
, Registrar of the Court.
SCHEDULE OF LANDS.
Name or
Description
of Lands.
Parish, &c.,
in which
situate.
County
in which
situate.
Name of
Occupier.
12. REPORT of RECEIVER that LANDS of ivhich he is
appointed RECEIVER are OCCUPIED by the OWNER thereof.
[Heading as in Form 6.]
To the Registrar of the County Court of - , holden at - .
I, X. Y., who have been appointed receiver of the lands
described in the schedule [together with other lands] by an order
of the Court, dated the - - day of - , 19 , report to the
Court that the lands described in the schedule are occupied by the
owner thereof, and the owner has not paid the sum ordered to be
recovered to me, and has not attorned tenant to me.
The name of the owner is [insert name and address] [or, is not
known].
Dated the - - day of , 19.
X. Y., Receiver.
TITHES.
1397
SCHEDULE OF LANDS.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
13. ORDER where RECEIVER REPORTS that LANDS of
which he is appointed RECEIVER are OCCUPIED by the
OWNER.
[Heading as in Form 6.]
IT is this day ordered that the order made in this matter, on the
day of , 19 , appointing X. Y. to be receiver of cer-
tain lands described in the schedule shall be discharged [so far as
regards the lands described in the schedule], and the said X. Y.
[or R. S., an officer appointed by the Court] shall distrain upon
those lands for the amount of pounds, shillings, and
pence, ordered to be recovered, together with the sum of
pounds, - - shillings, and pence, for costs, and also
the costs of distress, and that for the mating of such distress this
order shall be such officer's warrant.
By the Court.
Dated the day of , 19 .
, Registrar of the Court.
The operation of this order is suspended till day, the -
day of , 19.
Dated the - - day of , 19.
, Registrar of the Court.
SCHEDULE OF LANDS.
[Schedule of lands as in last Form.]
1398 TITHES.
14. NOTICE to OWNER of LANDS that an ORDER has been
made on RECEIVER'S REPORT that LANDS of which he
has been appointed RECEIVER are OCCUPIED by the
OWNER.
[Heading as in Form 6.]
To C. D., the owner of the lands described in the schedule to
this notice.
TAKE NOTICE that the order, a copy of which is sent herewith,
has been made in the above matter, and that if you have any
objection to make against that order you must file notice thereof
with me before the day of - , 19 .
A form of notice of objection is sent herewith.
Dated the day of , 19.
, Registrar.
SCHEDULE OF LANDS.
[Schedule of lands as in last Form.]
15. NOTICE of OBJECTION by OWNER of LANDS.
[Heading as in Form 6.]
To the Registrar of the County Court of - , holden at - .
TAKE NOTICE that I, C. D., owner of the lands referred to in
the order of Court, dated the day of - , 19 , of which I
have received notice, object to that order on the ground that (i)
C. D.
Dated this day of , 19.
() Insert grounds on which order is objected to.
TITHES. 1399
16. NOTICE of DAY APPOINTED for HEARING OBJECTION.
[Heading as in Form 6.]
To C. D.
TAKE NOTICE that the objection to the order of the Court, dated
the day of , of which you have given notice, will be
heard at the sitting of the Co;urt, to be holden at [insert court-
house] - , on the day of , 19 , at the hour of
in the noon.
Dated this day of , 19 .
, Registrar.
17. REPORT by OFFICER ordered to DISTRAIN that there
is no SUFFICIENT DISTRESS.
[Heading as in Form 6.]
To the Registrar of the Court, and to A. B., applicant.
I, X. Y., the officer appointed to distrain under an order made
on the day of , on the lands described in the order, report
t'hat there is no sufficient distress upon the lands, and that it would
be useless to attempt any further distress.
X. Y.
Dated the day of , 19.
18. NOTICE of APPORTIONMENT of RENT.
[Heading as in Form 6.]
To A. B., applicant, and to C. D., owner of the lands described
in the schedule [(fc) and to M. N., occupier of these lands].
TAKE NOTICE that whereas a receiver has been appointed of the
rents and profits of the said lands [together with other lands] under
an order of this Court, dated the day of , made upon the
application of the said A. B., and whereas it is found that those
lands are held at the same rent with other lands situate in a
different parish, and X. Y., the receiver appointed as aforesaid,
(fc) Insert this if M. N. is a respondent.
1400 TITHES.
has applied to the Court to make an apportionment of rent; Now
the Court has apportioned the rent so that out of the tota,! rent
payable in respect of the lands situate in the two parishes, the sum
of shall, for the purpose of the Tithe Act, 1891, be taken
to be payable in respect of the lands of which the said X. Y. has
been appointed receiver, situate in the parish of , and
described in the schedule.
Further take notice that, if within five clear days of the service
of this notice you do not file with me notice of objection, the
above apportionment will take effect.
Dated this
day of
19.
-, Registrar.
SCHEDULE OF LANDS.
Name or
Description
of Lands.
Name of
Parish in
which situate.
Name of
County in
which situate.
Number on
Parish Appor-
tionment.
19. NOTICE of OBJECTION to APPORTIONMENT of RENT.
[Heading as in Form 6.]
To the Registrar of the County Court of - , holden at -
I, A. B., C. D., or M. N., hereby give notice that I object to
the apportionment of rent made for the purpose of the Tithe
Act, 1891, of which you have given me notice, dated the -
day of .
Dated this day of , 19 .
A. B., C. D., orM. N.
TITHES. 1401
20. NOTICE of DAY FIXED for HEARING of OBJECTION by
RESPONDENT to APPORTIONMENT of RENT.
[Heading as in Form 6.]
To A. B., applicant, and to C. D., owner of the lands [or, M. N.,
occupier of the lands].
TAKE NOTICE that the objection to the apportionment, of which
you have given notice [or, of which A.B., C. D., or M. N. has
given notice], dated the day of - , will be heard at the
sitting of the Court, to be holden at [insert courthouse] - ,
on the - - day of - , 19 , at the hour of in the
noon.
Dated this day of , 19 .
, Registrar.
21 . ORD ER of COURT where APPORTIONMENT is OBJECTED to.
[Heading as in Form 6.]
IT is this day ordered that the apportionment of rent made in
this matter, dated the day of [is hereby varied [here
state variation], and as varied], shall take effect from this date.
By the Court.
Dated this day of , 19 .
, Registrar of the Court.
22. NOTICE to OCCUPIER of LANDS that ORDER under
sect. 4 of the ACT may be MADE upon him.
[Heading as in Form 6.]
To M. N., occupier of the lands described in the schedule to this
notice.
WHEREAS X. Y. was, by an order of this Court, dated the -
day of - , 19, appointed receiver of the rents and profits of
the said lands of which you are the occupier, for the purpose of
recovering the sum of pounds, shillings, and pence,
ordered by the Court to be recovered on account of the tithe rent-
1402 TITHES.
charge thereon with costs, and he has satisfied the Court that the
lands are let on such terms as not to reserve a rent sufficient tjo
enable him to recover that sum and costs.
TAKE NOTICE that the Court may direct the order for recovery
to be executed as if you were the owner of the lands, and if you
have any objection to urge against such direction being givein,
you must appear before the Court, holden at [insert courthouse]
, on the day of , 19 , at the hour of in the
noon, and such objection will be heard by the Court, but
that if you do. not appear the Court may make such direction in
your absence.
Dated this day of , 19 .
, Registrar.
SCHEDULE OF LANDS.
[Here describe the lands, e.g., Brue Farm, in the parish of
-, in the county of ; or, so much of Brue Farm as is
situate in the parish of , in the county of - ; or, the house
known as No. , Road, in the parish of , in tho
county of .]
23. NOTICE to OWNER of LANDS that ORDER under
sect. 4 of the ACT may be made upon the OCCUPIER.
[Heading as in Form 6.]
To C. D., the owner of the lands described in the schedule to
this notice.
WHEREAS X. Y. was, by an order of this Court, dated the -
day of , appointed receiver of the rents and profits of the lands
described in the schedule to this notice for the purpose of recover-
ing the sum of - - pounds, - - shillings, and - - pence,
ordered by the Court to be recovered on account of the tithe rent-
charge thereon with costs, and he has satisfied the Court that the
lands are let on such terms as not to reserve a rent sufficient to
enable him to recover that sum and costs.
TAKE NOTICE that the Court may direct the order for recovery
to be executed against M. N., the occupier of the said lands, as
if he were owner, and that if you wish to be heard in reference
to that matter you must appear before the Court, holden at [insert
TITHES.
courthouse] - , on the - - day of - , 19 . at the hour of
- in the noon, and the Court will hear you, but that if you
do not appear, the Court may make such order in your absence.
Dated this day of - , 19 .
, Registrar.
SCHEDULE OF LANDS.
[Here describe the lands, e.g., Brue Farm, in the parish of
-, in the county of - ; or, so much of Brue Farm as is
1403
situate in the parish of , in the county of ; or, the house
known as No. , - Road, in the parish of , in the
county of .]
24. ORDER of COURT under sect. 4 of the ACT.
[Heading as in Form 6.]
IT is this day ordered that X. Y., as officer appointed by this
Court [or, R. S., an officer appointed by this Court], shall distrain
upon the lands described in the schedule to this order for the sum
of - pounds, - - shillings, and - - pence [the balance],
due on an order for the recovery of tithe rentcharge made by this
Court, the - - day of - , together with pounds, -
shillings, and pence, for costs, and also the costs of distress,
and that for the making of such distress this order shall be such
officer's warrant.
[It is also ordered that X. Y. shall continue to be receiver of
the lands [till the day of ], or, shall cease to be receiver
of the lands, or any direction the Court gives in the matter.]
By the Court.
Dated this day of , 19 .
, Registrar of the Court.
SCHEDULE OF LANDS.
[Here describe the lands, e.g., Brue Farm, in the parish of
-, in the county of - ; or, so much of Brue Farm as is
situate in the parish of - , in the county of ; or, the house
known as No. , - - Road, in the parish of - , in the
county of - .]
p. VOL. ii. 35
1404 TITHES.
25. NOTICE to OWNER of SECOND TITHE RENTCHARGE of
APPLICATION for REMISSION.
[Heading as in Form 6.]
To 0. P., owner of the tithe rentcharge issuing out of the lands
described in the schedule in respect of [e.g., great or small] tithe.
TAKE NOTICE that an application has been made by A. B. for
the recovery of the sum of pounds, - - shillings, and -
pence, due on account of the tithe rentcharge issuing out of the
lands described in the schedule in respect of [e.g., small or great]
tithe, and that C. D. [or, M. N.], a respondent, has given notice
that he will apply for a remission in respect of such tithe rent-
charge.
The application will be heard at the sitting of the Court, to be
holden at [insert courthouse] , on the - - day of - , 19 ,
at the hour of in the noon.
Dated this day of , 19 .
-, Registrar.
SCHEDULE OF LANDS.
Name or
Description
of Lands.
Parish
in which
situate.
County
in which
situate.
Number in Parish
Apportionment.
26. ORDER of REMISSION in respect of TITHE RENTCHARGE.
[Heading as in Form 6.]
IT is ordered this day that, of the sum of - - pounds, -
shillings, and pence, claimed by A. B. on account of the tithe
rentcharge issuing out of the lands described in the schedule to
this order, the sum of - - pounds, - shillings, and ponce,
is hereby remitted, and shall not be recoverable.
By the Court.
Dated this day of , 19 .
, Registrar,
TITHES.
1405
SCHEDULE OF LANDS.
Name or Description
of Lands.
Parish
in which
situate.
County
in which
situate.
Number in Parish
Apportionment ,
if known.
27. ORDER of REMISSION of RATES in respect of TITHE
RENTCHARGE.
[Heading as in Form 6.]
IT is ordered that the amounts mentioned in the third column
of the schedule below shall be remitted and not recoverable in
respect of the rates mentioned in the second column of that
schedule assessed on the person mentioned in the first column
thereof.
By the Court.
Dated the day of , 19 .
, Registrar.
SCHEDULE.
Owner of Tithe Rentcharge.
Name of Rate.
Amount remitted.
28. APPLICATION by OWNER of LANDS for CERTIFICATE
in respect of FAILURE to give OCCUPIER'S LIABILITY
NOTICE.
Tithe Act, 1891.
In the County Court of , holden at .
I, C. D. [insert name and address], owner of the lands described
in the schedule to this application, give notice that I shall apply
35 (2)
1406 TITHKS.
for a certificate from the Court that there was good and sufficient
cause for my failure to give an occupier's liability notice in
respect of the said lands, and that M. N. [insert name and. address]
has not been prejudiced thereby.
Dated this - - day of - , 19 .
A. B.
SCHEDULE OF LANDS.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
29. NOTICE to OCCUPIER of OWNER'S APPLICATION to the
COURT in respect of FAILURE to SERVE OCCUPIER'S LIA-
BILITY NOTICE.
Tithe Act, 1891.
In the County Court oF
holdon at
In the matter of the application of C. D.
To M. N., occupier of the lands described in the schedule.
TAKE NOTICE that C. D. has given notice of an application to
this Court for a certificate that there was good and sufficient cause
for his failure to give an occupier's liability notice in respect of
the said lands, and that you, M. N., have not been prejudiced
thereby.
If you wish to be heard with reference to the granting of such
certificate, you must appear at the Court holden at [insert court-
house] - , on the - - day of - , 19 , at the hour of -
in the - noon, and the Court will hear you, but if you do not
appear, no costs will be charged against you, but the Court may
grant such certificate in your absence.
Dated this - - day of , 19.
, Registrar,
TITHES.
1407
SCHEDULE OF LANDS.
Name or Description of Lands.
Parish in which
situate.
County in which
situate.
30. CERTIFICATE of COURT in respect of FAILURE to
(jive OCCUPIER'S LIABILITY NOTICE.
Tithe Act, 1891.
In the County Court of , holden at .
In the matter of the application of C. D.
IT is hereby certified that there was good and sufficient cause for
the failure of C. D. to give an occupier's liability notice in respect
of the lands described in the schedule to this order, and that
M. N., the occupier thereof, has not been prejudiced thereby.
By the Court.
Dated this day of , 19 .
, Registrar.
SCHEDULE OF LANDS.
Name or Description of Lands.
Parish in which
situate.
County in which
situate.
1408 TITHES.
31. FORM of APPLICATION to COURT by RATE COLLECTOR.
Tithe Act, 1891.
To the Registrar of the County Court of , holden at - .
I, A. B., collector of rates for the (Z) , apply to the above
Court for an order under sub-sect. (2) [and sub-sect. (3)] of sect. 6
of the Tithe Act, 1891, in respect of (m) rate due from the
owner of the tithe reutcharge issuing out of the lands described in
the schedule.
The owners of the lands are (ri) - .
The owner of the tithe rentcharge is (o) .
The rate due amounts with costs to .
I have taken the following proceedings for the recovery of the
rate [insert description and date of proceeding, e.g., distress under
warrant of justices].
Dated the day of , 19.
C. D., Collector.
SCHEDULE OF LANDS.
Name or Description
of Lands.
Parish in which
situate.
County in which
situate.
Number in Pariah
Apportionment,
if known.
32. NOTICE to OWNER of TITHE RENTCHARGE or OWNER
of LANDS to be SERVED with the DUPLICATE NOTICE of
RATE COLLECTOR'S APPLICATION.
Tithe Act, 1891.
No. of Application .
In the County Court of , holden at .
A. B., applicant [collector of rates for the
address is -].
of
whose
(Z) Insert name of area for which the collector collects.
(TO) Insert name of rate or rates.
(TO) Insert names and addresses of owners.
(o) Insert name and address of owner.
TITHES. 1409
[E. F.], owner of land [insert, if known, name, address, and
description].
C. D., owner of the tithe rentcharge [insert address and
description].
To E. F., the owner of the tithe rentcharge issuing out of the
lands mentioned in the notice of application sent herewith; or,
To [C. D.], the owner of land out of which the tithe rentcharge
mentioned in the notice of application sent herewith issues.
TAKE NOTICE that the application by A. B., of which a copy is
sent herewith, will be heard at the sitting of the Court, to be
holden at [insert courthouse], on the - - day of - , 19 , at
the hour of in the noon, and that if you wish to oppose
the application you must, five clear days before the day appointed
for the hearing, file with the registrar of this Court the notice of
opposition given below.
Dated this day of , 19 .
, Registrar.
s. d.
Amount of rate claimed
Costs of this notice
Amount upon payment of which you will
incur no further costs
If you do not give notice of opposition or appear on the day
appointed for the hearing, the Court may make an order against
you in your absence.
33. NOTICE of OPPOSITION.
Tithe Act, 1891.
No. of Application .
In the County Court of , holden at .
In the matter of the application of A. B., rate collector.
To the Registrar of the County Court of .
TAKE NOTICE that I wish to oppose the application of A. B., of
which I have received notice, on the ground [here state grounds,
1410 TITHES.
e.g., that I am not the owner of the land in respect of which
the tithe rentcharge issues; or, that I am not the owner of the
tithe rentcharge mentioned in the notice of application ; or, that
the amount claimed in respect of the rate has been paid; or any
other grounds that are intended to be relied on].
Dated the - - day of , 19.
E. F., owner of the tithe rentcharge
[or, G. K., solicitor of E. F.].
C. D., owner of the lands
[or, G. K., solicitor of C. D.].
34. NOTICE to RATE COLLECTOR of NOTICE of OPPOSITION.
No. of Application - .
Tithe Act, 1891.
In the County Court of - , holden at .
A. B., rate collector, Applicant.
E. F., owner of tithe rentcharge.
C. D., owner of the lands.
To A. B., rate collector.
TAKE NOTICE that E. F., owner of the tithe rentcharge in
respect of which the application is made [or, C. D., owner of the
lands out of which the tithe rentcharge issues], has given notice
of opposition in the above matter on the ground that (p) - .
The application will be heard at the sitting of the Court to be
holden at [insert courthouse] , on the - - day of - , 19 ,
at the hour of in the - noon.
Dated this day of - , 19 .
-, Registrar.
(p) Insert ground stated in notice of opposition.
TITHES.
1411
35. ORDER wider sect. 6 of the TITHK ACT, 1891, for
RECOVERY of SUM DUE on account of RATES.
Tithe Act, 1891.
In the County Court of -
of
-, holden at
-, 19-.
-, the - - day
A. B., rate collector.
E. F., owner of tithe rentcharge.
[C. D.], owner of lands [not known].
IT is this day ordered that C. D. pay to A. B. any sum. which
is now due or which may become due on account of the tithe
rentcharge owned by E. F. issuing out of the lands described in
the schedule to this order until the sum of - - pounds,
shillings, and - - pence, the amount due in respect of the (q)
rates assessed on' the said C . D . in respect of that tithe rent-
charge and costs [and any sum which may become due in respect
of any such rate] [until the - - day of - , 19 ], is fully
paid.
And further it is ordered that should default be made by the
said C. D. in obeying this order the said A. B. may apply to
this Court for the appointment of a receiver or of an officer to
distrain as the case may be.
By the Court.
Dated this - - day of , 19.
, Registrar.
SCHEDULE OF LANDS.
Name or Description of Lands.
Parish in which
situate.
County in which
situate.
.
(q) Insert name of rate.
1412 TRADE UNIONS.
TRADE UNIONS.
I. RULES of a WORKMEN'S UNION (a).
Part I. General.
RULE 1. NAME, OBJECTS, AND CONSTITUTION.
Namc 1. The Society formed under these rules, hereafter called " The
Society," shall be known by the title of - .
^^h ^' ^ ie Society shall consist of members belonging to, and carn-
membersmay ing the rate of wages fixed by the District Committees, for the
following trades or branches: - . District Committees shall
also have power to fix conditions under which candidates may
be admitted from time to time.
Objects. 3. The objects for which the Society is established are: by
the provision and distribution of funds and by the other means
hereinafter mentioned on the conditions set forth in these rules,
to protect and regulate the conditions of laibour in the trades in
the last preceding clause mentioned, and the relation of its mem-
bers with them; to promote the general and material welfare
of its members; to assist them when out of work or in distressed
circumstances; to assist such of them as desire it to acquire posses-
sion of their dwellings; to provide them with legal assistance in
obtaining redress for accidents; to support them in case of sick-
ness, accidents, and by superannuation; also to provide for their
burial and for the burial of their wives, and compensation for
loss of tools by fire or water; to aid by federation other societies
having for their objects, or one of them, the promotion of the
interests of workmen; and, by extending our system of invest-
ments for co-operative productive purposes, to assist in altering
the competitive system of industry for a co-operative system in
order to secure a full share of the fruits of our labour. But before,
however, any money can be invested by the Executive Council
for the last-named purpose the object and amount proposed to
(a) Adapted from the Eules of the Amalgamated Society of Engineers
and published by their permission.
RULES OF A WORKMEN'S UNION. 1413
be invested shall be clearly defined by them, and a vote of the
members taken, when the majority for or against shall decide
whether the Society shall adopt the proposal or not.
4. The Society shall be divided into brandies, to one of which Division
every member shall belong. No branch shall consist of more
than 300 members, unless by consent of the District Committee.
The local limits of each branch, the formation of new branches,
;u id the number of members in each, shall be determined as here-
inafter mentioned. .Every branch shall have powers as provided
by these rules, and shall be subject in accordance with them to
the control and direction of the general governing bodies of the
Society and their officers; but every branch shall appoint its own
officers and conduct its own business in the manner set forth in
the following rules.
5. There shall be a General Office, which shall be the regis- Place of
tered office of the Society, and which shall be the place of meeting office**
for its business, at , in the county of .
RULE 2. ELECTIONS AND VOTING.
1. All elections and voting shall be conducted in the following
manner:
Any member may nominate any branch or general officer with- Nomination
out a seconder. All nominations for branch secretary and delegates j^jf te
for Trades and Labour Councils and - Trades Associations
must be made fourteen days previous to their election. Should
only one member accept nomination for any office, he shall be
declared duly elected. If two or more persons accept nomina-
tion for any office, the votes shall be separately taken.
All elections of branch officers (with the exception of secretary) Election of
shall be by show of hands. If any one of the candidates receives officers
and delegates.
a larger number of votes than all the others combined, he shall
be declared duly elected. If no candidate has such a majority,
the two highest shall be again put to the vote, and the one obtain-
ing the largest number of votes shall be duly elected. The
votes must be taken by ballot for the following: general secre-
tary and all general officers, delegates for meetings for revision
of rules or Final Appeal Court, meetings of Labour Party or
Federation Conferences, and branch secretaries, and District Com-
mitteemen who represent more than one branch.
1414
TRADE UNIONS.
Branch
powers
re votes
by ballot.
Limitation of
time for
voting.
Extension of
time for
voting.
Provision
for out-
workers.
Intimation of
candidature.
Issue of
printed
matter.
Distribution
of addresses.
Validity
of votes and
date of
voting.
Branches shall have power to provide the means of voting by
ballot. Such ballot may be taken by post in the British colonies
and America, where members reside more than five miles from
a branch, and in such cases as are so decided the ballot boxes shall
remain open for voting as follows: Branches having more than
100 members, not less than two and a half hours; all below 100
members, not less than two hours. To enable night-shift mem-
bers and those who cannot attend their branches owing to their
legitimate occupations, to vote, the time rf>f meeting may be
extended by the opening of any branch on the day fixed for
voting at an earlier or later hour than stated in Rule 3, clause 2.
Any member working out of his district, or a general officer,
thus being unable to vote in his own branch, shall, on production
of satisfactory evidence, be allowed to vote in a branch in the
district in which he may be for the time located.
2. All candidates for general offices must intimate their candi-
dature to the General Office in their own handwriting, accom-
panied by original testimonials, and, if they desire testimonials
to be printed, these shall be sent to the General Office for that
purpose; and no candidate shall issue or cause to be issued to the
branches any printed, type-written, cyclo-style, or any duplicated
matter, other than that through the General Office. The name*
of the candidates shall be submitted to the members, and the
two having the highest number of votes shall be again submitted,
unless one candidate has an absolute majority over all the rest
combined. The addresses of candidates for general office shall
be distributed in the proportion of one per six members, but the
number of branches nominating shall not be published. Each
member nominated for office shall be furnished with the names
of all nominated candidates.
In all elections under the direction of the Executive Council,
or of the American, Australasian, or South African Councils,
nomination and election schedules must be posted from the offices.
A date must be specified on which all voting shall cease, and all
votes taken on or before the specified date, provided that they
have been taken in accordance with this rule, shall be valid not-
withstanding any neglect on the part of any officers, or from any
other causes whatever. In the event of any general officer resign-
ing, or being removed by death or otherwise, another election
shall take place, and the appointment then made shall be for the
RULES OF A WORKMEN'S UNION. 1415
remainder of the unexpired term. In the event of the unexpired
term being less than twelve months, he will not be called upon to
bo re-elected, but will continue in office for the ensuing three
years. But if it be necessary to fill the office temporarily, it Pro tempore
shall be filled by Council. office**
3. Tellers (elected as provided by Rule 5) shall, in ballot voting, Tellers and
see that all members of their branch who enter the branch meeting-
room receive a ballot paper, on which shall be placed the namee
of the candidates, and the branch to which they belong. The
secretary shall supply them with a list of names and numbers
of the members in the branch. One teller shall hand out the
ballot papers and affix the branch seal thereto. The other shall
keep a record on the sheet supplied by the secretary of those
voting, such record to correspond Avith the number of ballot papers
given out. Members having voted must place their papers in
the ballot box, which shall be under the strict supervision of the
tellers. After the close of the ballot box, the tellers, in conjunc-
tion with the president, shall count the votes. When counted the
latter shall read to the branch the result, sign the same along
with the secretary, then seal it up in a stamped envelope pro-
vided for the purpose.
The tellers shall be responsible for the immediate posting of
the same. For these duties they shall be paid sixpence each.
In the event of branches being open for an extended time to
enable night-shift members to vote, the pay of the tellers shall
be one shilling each. Ballot papers must be kept in the posses-
sion of the branch for one month after the returns are due at
the General Office. Any violation of this clause shall render
the vote of the branch invalid.
4. Any member intimidating members voting, or circulating Intimidation,
false or malicious statements in order to influence elections, shall
be fined according to the gravity of the offence, but not less than
2s. Qd.
5. No member shall be nominated, elected to, or continue in, Disqualifica-
any office if 10s. in arrears. No Executive Councilman, organis-
ing district delegate, full-time district secretary, or vacant-book
office-keeper shall be eligible to contest for annual meetings of
the General Federation of Trades, the Labour Party Conference,
or any other body to which the Society may be affiliated, but the
Executive Council may appoint and send one or two represents-
TRADE UNIONS.
tives to any of such meetings. -Nor shall any member be eligible
for any general office who keeps a public or beer house, or who is
a partner in any firm or business connected with the trade.
The new branch officers shall be elected four weeks before they
enter on their duties. No officer shall nominate his successor,
but shall only give his vote.
Branch
meetings.
Discussions.
Meeting
place.
Time of
meeting.
Night of
meeting.
Branch
powers re
levies.
RULE 3. BRANCH AND SUMMONED MEETINGS.
1. A meeting of the members of each branch shall be held
every fortnight for the transaction of its business. All members'
contributions and other payments, unless otherwise provided for
by rule, must be paid at this meeting. Propositions for new
members shall also be decided at branch meetings, except such as
may be taken at special meetings, as hereinafter provided for.
Branches may also discuss matters concerning Labour interests
generally, and have papers read thereon, always provided that
such discussion does not interfere with the ordinary branch busi-
ness, and is not on questions of a religious nature. Each branch
shall be provided with a notice board for the posting of all
interesting information. No intoxicating drinks shall be allowed
in the room during branch meetings. No branch shall be held
on licensed premises when other suitable rooms are obtainable,
nor shall any branch be removed from one place to another unless
by the consent of two-thirds of the members voting at a meeting
specially summoned for that purpose; votes to be taken by ballot.
2. The business of the meeting shall commence at half-past
seven p.m. All branches having more than 100 members shall
close their books at ten o'clock, and all not having more than
100 at half -past nine o'clock. Branches shall have a discretionary
power to commence and close sooner or later if these hours should
be inconvenient. Branches shall have power to change their night
of meeting if it falls on a holiday, the alteration to be decided on
not less than four weeks previously, and a notice posted on the
intervening meeting night.
3. Branches shall have power to make a levy on their members,
not exceeding 2s. per annum, to meet expenses incurred in support
of any local work or general movement instituted to further or
promote the interests of the trade or the working class in general.
Before this levy can be made or any money paid from this fund
RULES OF A WORKMEN'S UNION. 1417
so established a vote of the members of the branch must be taken
at a meeting summoned for the purpose, and the summons must
state the time when the vote will be taken. This levy shall
be called the " Local Affairs and General Purposes Levy; " and,
on these same conditions, the branches shall have power to levy
for the support of representatives on any local infirmary board
or committee, such levy not to exceed Is. per member per
annum. Branches shall have power to raise funds by levy on. Branch
their members for the purpose of assisting other trade societies, j^f^ffairs
but such moneys must be handed over for disbursement to the
local District Committee. Branches shall also have power to set
up " municipal and local affairs committees," which shall act in
conjunction with the General Office " Public Tenders Depart-
ment," and the duties of which shall be to watch over the interests
of the trade in the letting of contracts, to collect information, and
generally keep the General Office informed of all matters con-
cerning municipal affairs in which the trade interests are con-
cerned, and to attend such meetings as they may be directed,
with a view of furthering the objects here enumerated. The
expenses of these latter committees shall be submitted to the
branches which have set them up, and, if approved, shall be paid
from the levy raised by such branches for the purpose of municipal
representation. Australasian, American, South African, and
Canadian branches shall have power to levy 2s. Qd. per member
per annum for political Labour Councils.
4. The quarterly meetings shall be held on the first regular Quarterly
meeting nights, in January, April, July, and October, when the meet;ln 8 -
report of the income and expenditure of the last quarter shall be
read over by the auditors to the meeting. This business shall
commence half-an-hour after the time of meeting. All officers/, Change of
including those retiring and holding keys, and those who have
been appointed for the ensuing term, must be in attendance, or
be fined sixpence each. The retiring president shall preside until
the quarterly report be received by the branch, and the new
president shall then take his place. Both presidents shall be paid
the same as other branch officers, but, in the event of the retiring
president being re-elected, he shall only receive the usual amount.
5. There shall, if practicable, be a box provided and kept in Branch box
the place where the branch holds its meetings, in which shall be and keys>
deposited all moneys (except such as may be held by the
1418
TRADE UNIONS.
Branch books,
Security
of branch
property.
Reports
of branches
abroad.
Branch
powers re
members of
other
branches.
Special
meetings.
Branch
powers re
roll call.
treasurer), and all books, papers, letters, &c. (except such as are
immediately wanted), or are otherwise deposited; the box shall
be secured by three locks; there shall be three locks also to the
cash drawer, the keys of which shall be kept by the president
(unless he is a trustee), check-book keeper, and money steward.
In branches where the check-book keeper is money steward, the
vice-president shall act in the former capacity. The branch books
shall be open at all reasonable times to inspection by any mem-
ber or person having an interest in the funds.
6. Branches must adopt the best means they can obtain in
their respective localities for the security of branch and cash
boxes and their contents; the landlord, owner, or tenant of the
place in which they are kept shall give security for their safety,
bonds for which may be had on application to the General Office;
but should the landlord, owner, or tenant refuse to give security,
branches shall have power to insure the same to the extent of
20.
7. All branches under the jurisdiction of the American, South
African, and Australasian Councils shall send a copy of their
quarterly and yearly reports to the said Councils at the same
time as they forward the report to the General Office.
8. Any member desirous of visiting a branch other than that
of which he is a member, shall be admitted on producing his con-
tribution card, or such other evidence as may be deemed satisfac-
tory by the president. He shall not be allowed to take part in
the proceedings unless with the consent of the meeting; and
should he misconduct himself he shall be subject to the penalties
provided in Rule 39.
9. In cases of emergency the president, secretary, committee,
or referee of a branch shall have the power of summoning a
general meeting; if practicable, the business shall be stated and
the hour of meeting shall be intimated to the members. For
this purpose the secretary shall be provided with a book, in which
he shall insert the address of each member. Any member chang-
ing his residence, and not informing the secretary on or before
the following branch meeting night, shall be fined Is., unless a
satisfactory reason be given.
10. At all summoned meetings the roll may be called over
half-an-hour after the time specified; and any business transacted
at a special summoned meeting shall not be binding, unless the
KULES OF A WORKMEN'S UNION. 1419
members have been duly summoned. Such a meeting shall strictly
confine itself to the objects specified in the summons. The mode
of sending summonses shall be at the discretion of each branch.
Branches shall have a discretionary power in calling the roll, and
may fine members for not attending summoned meetings, or for
leaving such meetings before transacting the business for which
they are summoned, such fine to be 3d. The following are, how- Those exempt
ever, exempt from this fine, namely: Those holding positions as '
foremen; those who are over fifty-five years of age; those who
are working or residing three miles from the clubhouse; and those
who, having attended the meeting, have obtained leave of absence
from the branch president. Any member sending a false apology,
or knowingly giving a false apology, for an absent member, shall
be fined 2s. 6d.
11. The asterisks, or small stars, on the members' contribution stars on
cards shall answer for a summons on the nights for election of con * nbutlon
cards answer
branch officers, except at the general summoned meeting night for summons,
in December (in Australasian, American, and Canadian and
South African branches, September), when they shall be sum-
moned by circular.
RULE 4. BRANCH COMMITTEE.
1. There shall be a branch committee (which shall also be, in Constitution
single branches, the District Committee), composed of members
who have been in the Society two years (except in new branches),
who shall be elected at the general summoned meeting for the
election of officers every three months. This committee shall con-
sist of not less than five nor more than seven members, exclusive
of president and secretary; each member shall be elected for six
months, the majority and the minority retiring alternately.
Branches having 100 members or less shall have five committeemen,
and those having more than 100 shall have seven. Branches
must be very careful in the selection of their committees, so that
in all cases such committees may be so composed as to give fair
and impartial decisions, and no member shall sit to adjudicate
upon any case in which he is personally concerned. A majority
of the committee shall form a quorum.
2. Branch committeemen shall attend at such time and place Convening of
as may be specified by the president, secretary, referee, or a meetm & 8 -
B. VOL. ii. 36
1420
TRADE UNIONS.
Committee'*
decisions.
Committee'.*
powers.
Witnesses.
Special
half-yearly
meetings.
Position
of president
and secretary.
majority of the committee, who shall order the secretary to issue
summonses for that purpose. All decisions arrived at by the com-
mittee shall he final, subject to the right of appeal, within one
month, to a summoned meeting of the branch. Should any case
come before a branch committee on which the rules are silent,
the case and the decision of the committee shall be stated in the
Monthly Report, provided that such decision bo approved by the
Executive Council; the same to be a guide to all other branches.
The above shall also apply to the Australasian, South African,
and American Areas in which any decision may be published in
the reports issued by the respective Councils. The decision shall
be entered in the branch minute book, and in the book specially
provided for the purpose, which shall be open for inspection on
regular meeting nights.
3. The committee shall have power to summon any officer or
member to attend its meetings, and to call a special summoned
meeting of the branch when it deems it necessary. It shall also
have access to all books and accounts of the branch bearing upon
the matter to be decided. When a committee is desirous of receiv-
ing further evidence or information in any case under its con-
sideration, other persons, not being members, or being members
of another branch, may be summoned to give such information
as the committee may be desirous of obtaining, and shall receive,
with the consent of the committee, the same remuneration as
members of the committee.
4. Branch committees shall, every three months, examine into
cases of long continued receipt of benefit, and shall have power
to bring cases of suspicious conduct, incompetency, or manipu-
lation before the branch or the Executive Council, with a view
to the member being dealt with in accordance with rule. Such
examinations may be retrospective. The committee shall also
have power, in accordance with donation rule, to compel members
under fifty years of age to take travelling cards.
5. The branch president and secretary shall attend and may
express their opinions at all meetings, but shall not vote, nor be
for any other purpose members of the committee, except in the
event of the votes being equal, when the president shall give a
casting vote. The minutes of the committee's proceedings shall
be signed by the president at the close of the meeting, and must
be read up at the following branch meeting.
RULES OF A WORKMEN'S UNION. 1421
6. Members of committees shall attend all meetings at which Payment and
their presence may be required, or be fined 6d., unless a satis- comm ittee-
factorj' reason be given for non-attendance; and shall be allowed men -
the sum of 6d. for each attendance, president and secretary in-
cluded. Any committeeman, or witness, residing more than two
miles from the place of meeting shall receive third-class return
railway, omnibus, or ferry fare. Members being summoned to
attend a branch committee, and not attending, shall be fined 6d.,
unless a satisfactory excuse be given to the committee.
RULE 5. BRANCH OFFICERS; PAYMENT AND PENALTIES.
1. Each branch of the Society shall be under the government Number,
of a president, and such other officers as the rules direct. The
number of officers in each branch shall be regulated as follows:
Branches having not more than twenty members shall have three
officers, viz., president, secretary, and check-book keeper; branches
having more than twenty, and not more than forty members, four
officers, including doorkeeper; branches having more than forty,
and not more than seventy members, five officers, including vice-
president; branches having more than seventy, and not more than
150 members, six officers, including money steward; branches
having more than 150 members, seven officers, including assistant
secretary; branches having more than 100 members may have an
additional doorkeeper if necessary. There shall also be two tellers Tellers,
elected quarterly by each branch, whose duties shall be to attend
to all ballot elections, and report the result of the same to the
branch president.
2. A member of each branch shall also be appointed, whose journal sales-
duty shall be to distribute the monthly Journals to those pur-
chasing the same, and to endeavour to increase the circulation.
Ho shall adopt the best means practicable for the distribution of
the Journals to the subscribing members, shall be responsible for
( the number of copies received, and shall give an account to his
branch of the number of copies received and sold, and also settle
for the same with his branch every branch meeting night. He
shall be appointed at the annual election of officers in December.
His name and address shall be inserted in the Corresponding List,
and the Journals shall be sent to such address. He shall be paid
/.it the rate of 2d. per twelve copies sold, this to cover all expenses.
36(2)
1422
TRADE UNIONS.
Penalties for
neglect of
duty.
Exemptions.
Penalties for
refusing
office.
Liability for
damage
to branch
property.
Payment for
attendance
and duties.
3. Any branch officer not attending in time shall be fined 6rf.,
unless a satisfactory reason be assigned to the branch; and if
absent the whole evening shall, in the absence of satisfactory
explanations, be fined the sum of Is. The officer appointed who
neglects to read a detailed account of the income and expenditure
for the previous fortnight shall be fined Is. ; also the president if
he neglects to have that duty carried out shall be fined Is. Any
officer whose duty it is to hold the keys of the box who leaves
before the meeting is closed, without the sanction of the branch,
shall be fined Is. Any member who, being present at a branch
meeting and being proposed and seconded for office in the branch,
refuses to stand his nomination, shall be fined 6d. ; this fine to be
strictly enforced unless he can show a reasonable cause for such
refusal.
4. Members will be exempt who are above fifty -five years of
age, who reside two miles from the clubhouse, or who are holding
situations as foremen. The president shall, before any member
is elected, ask the secretary if the candidate is 10s. in arrears.
5. Any member' may be nominated or elected in his absence if
he has notified his willingness to take office. Any member refus-
ing to accept office after his election shall be fined Is.; but any
member having served or paid the fine shall not be liable to be
re-elected for a period of twelve months, unless all the members
have served office or paid the fine, when he shall be again liable
to be elected or have the fines inflicted until the branch be fur-
nished with officers.
6. Officers whose duty it is to hold the keys of the branch box
shall produce them to the trustees when required; also at the
branch meetings, and should they neglect to do so and thereby
cause the box to be damaged, such damage shall be repaired
at the expense of the officer or officers so neglecting, and the
amount, if not paid, shall be placed to their debit at the end of
the quarter.
7. Each branch officer, including the branch treasurer if a
member, shall be allowed the sum of Qd. for his attendance 011
branch meeting nights, except the money steward, who shall be-
paid as follows: Qd. up to 100 members, and 3^. for every addi-
tional 100 or part thereof, but these officers shall not be paid
for more than 300 members. The number of members on the
books at the beginning of the quarter shall be the basis of calcu-
RULES OF A WORKMEN'S UNION. 1423
lation in all cases except that of branch secretary. If a member
holds the dual position of check-book keeper and money steward,
he shall be paid the sum of 9d. for his attendance. All officers Giving up
before going out of office shall deliver up to the new officers all
books, moneys, papers, receipts, letters, or any other property
which may be in their possession belonging to the Society.
RULE 6. BRANCH OFFICERS: PRESIDENT, VICE-PRESIDENT, AND
ASSISTANT SECRETARY.
1. The president and vice-president of each branch, and, in Election,
branches numbering 150 members and upwards, the assistant sec-
retary, shall be chosen by a majority of the members present at
the general summoned meetings in March and September, except
in the American and Canadian branches, in which the elections
shall take place on the last meeting night in November. No Qualifica-
member, except in new branches, shall be elected as president, t]
vice-president, or assistant secretary who has not been in the
Society for fifty- two weeks successively.
2. The president shall preside over all meetings connected with Duties
the branch, sign all minutes, and see that the business is con- pre
ducted with propriety and order. He shall, when the auditors
deliver their report, inquire of them whether the accounts of the
branch have been correctly and intelligibly kept, and whether
they have fulfilled all the duties imposed on them by rule. If
the report receives the approval of the branch, the president shall
affix his signature thereto before retiring, and the copy thus
signed shall be sent to the General Office. He shall, when neces-
sary, sign credentials for the branch secretary in the event of the
latter officer being appointed to act in any other representative
capacity. He shall read, or appoint a member to read, the cor-
respondence of the past fortnight and arrears notice, as supplied
by the secretary. Should it occur that the president or vice-
president, or both, are absent, their offices shall be filled by elec-
tion from the members present. The president shall not be Voting
allowed to vote on any question affecting the government or busi- ^
ness of the branch unless there be an equality of votes, when he
shall give a casting vote. On all general questions submitted to
the votes of the members throughout the Society, the president
will be entitled to vote, but on no occasion can he give two
14*4
TRADE UNIONS.
Duties of vice-
president.
Duties
of assistant
secretary.
Qualification
and election
of secretary.
Publican
disqualified.
Duties re
entry of
contributions
and levies.
Duties n-
accounts.
Duties -c
arrears
votes. All fines imposed by these rules, unless otherwise specified,
shall bo imposed by the branch president.
3. The vice-president (in branches not having an assistant sec-
retary) shall take the minutes of the business transacted at general
meetings, and shall read from the cash book a detailed account of
the income and expenditure for the previous fortnight.
4. The assistant secretary, in branches having one, shall tako
the minutes of all general meetings, and read the detailed account
from the cash book of the income and expenditure for the previous
fortnight.
RULE 7. BRANCH SECRETARY.
1. The secretary of each branch must be a full member, and
shall be nominated on the meeting night previous to his election,
such election or re-election to take place annually, in accordance
with Rule 2, on the meeting night for the election of officers in
December, except in the Australasian, American, Canadian, and
South African branches, which shall elect their officers in Septem-
ber, and branches which, by their excessive distance from the
General Office, render it necessary to elect the secretary and referee
earlier. The names must be forwarded in time to be issued
with the list of corresponding officers for the ensuing year. The
secretary shall have been in the Society for four years succes-
sively (except in new branches) before he can be elected to office.
No member shall act as secretary who keeps a public or beer-
house.
2. The secretary shall attend the meetings of his branch, and on
the general meeting nights he shall enter all levies, contributions,
and arrears deducted from benefits in the book provided for that
purpose, also on the members' contribution cards, and sign the
same. He shall also post the dates, amounts, and names of each
levy. He shall keep the accounts of his branch in a clear and
intelligible manner, and keep all documents, accounts, books (bank
book and check-book excepted), and papers belonging to his
branch in such form, manner, and place as the branch may
appoint, and shall conduct such correspondence as belongs to his
office. He shall have the check-book at the conclusion of the
audit, for the purpose of transferring the names and arrears of
members to the forthcoming quarter. He shall, where practic-
able, send one notice to all members who are 15s. in arrears, and a
HULKS OF A WORKMEN'S UNION.
further notice when 21s. in arrears, in addition to posting their and
names in the meeting-room. He shall also post the names of
excluded members for three successive meeting nights in a con-
spicuous place in the meeting-room, and shall, if practicable,
notify in writing every member so excluded. He shall furnish
the president with a programme of the business to be brought
before the meeting, as far as may be practicable.
3. The branch secretary, on the admission of any candidate, Duties r
111- i -i entry of
shall issue tor him an entrance card, and enter in the entrance members,
book and card the amounts paid by or on account of such candi-
date, before and after his admission, until the whole entrance fee
has been paid. He shall send all proposition forms to the General
Ofiice within one month after admission or rejection. He shall
make out all cheques for the payment of every item of expendi-
ture incurred by the branch. He must deduct all contributions
and fines due, owing from members declaring on benefit, and, on Duties re
the following meeting night, shall enter the amount so deducted declaring
in the contribution book and on the member's contribution card, on benefit -
also the number of days exempt from contributions during the
quarter. He shall fill up all clearances and travelling cards, shall
attend to the vacant book of his branch, and shall be held respon-
sible for advancing more than two days' donation to any member
on travel. He shall summon committee, special, and general Duties re
meetings, and take the minutes of the same. He shall supply the meetings and
branch tellers with a list of the names and numbers of the branch elentlon8 -
when such list is required for ballot votes, and he shall also write
out the credentials, i.e., certificates of identity and election for
Executive Councilmen and delegates, stating the length of time
they have been members of the Society, and their financial
position.
4. He shall, monthly or oftener, report to the General Secre- Duties re
tary (such report to arrive at the General Office not later than
the second day of each month), giving the state of trade in hi*
district, the number and departments of trade to which the mem-
bers belong who are out of employment, and those in receipt of
benefit, and shall state if there is a probability of men being
wanted.
5. The secretary shall prepare a report at the end of each Duties re
quarter (ending on the last meeting nights in March, June, report. :
September, and December), containing a detailed account of the
14i>6
TKADE UNIONS.
Duties re
yearly report.
Duties re
supplying
general
information .
Re exclusions.
Re date
of quarterly
and yearly
reports.
Re unem-
ployed.
Re alteration
of rules.
income and expenditure as set forth in the forms provided for the
purpose, the total amount of arrears, with the average per member
on the last meeting night of the quarter; also the number of
members in the branch, and the number and names of those who
have been admitted or excluded during the quarter, together with
other information as to a.ge, trade, married or single, so that such
particulars may be compiled and kept at the General Office for
the purpose of reference, for superannuation or otherwise.
6. He shall prepare a yearly report, ending on the last meet-
ing night in December. The American and Canadian branch
secretaries shall send in their accounts in s. d. as well as in'
dollars and cents. (The Australasian, American, Canadian, and
South African branch secretaries shall close their financial year
at the end of the September quarter.) With the yearly report
he shall send to the General Office the whole of the auditors'
names for the year, so that they may be published with the
branch accounts, and also a duplicate of the financial statement
contained in the yearly report, also the names and addresses of the
secretary, referee, treasurer, and trustees, and that of the club-
house, and the nights of meeting, within the first three days after
the election in December (except in the cases of Australasian,
American, Canadian, and South African branches, which shall
be within three days after the election in September). If secre-
tary of a branch where there is no district committee, he shall
supply to the General Secretary such information as to trade
customs and rates of wages as may from time to time be required
by the Executive Council. He shall send, with the quarterly and
yearly reports, the names of all who have been excluded, with the
causes of such exclusion.
7. The secretary shall send in the quarterly and yearly
accounts, duly signed by the auditors and branch president, to
the General Secretary within eighteen days of the close of each
quarter and year, but in no case shall he forward the same with-
out first submitting them to the branch meeting for approval.
He shall, at least once in each week (or of toner if necessary),
furnish to the registrars a list of the unemployed members in
the branch (on sheets supplied by Executive Council), so that
a complete list may be accessible to members or others in search
of men to fill situations.
He shall forward to the General Office, in accordance with
RULES OF A WORKMEN'S UNION. 14*27
Rule 18, all suggestions which have been adopted by the branch
for the alteration of rules.
He shall enter a record of all benevolent grants as they are R e record of
paid to members of his branch, and, in the event of such members ^nts ei
being transferred to other branches, he shall enter the record on,
the clearance form.
He shall enter notifications of accidents in the branch minute # record
book, order the payment of funeral benefit, and notify the General
Office on the death of a member of his branch.
He shall also forward the name and address of the member -Re Journal
of his branch who is appointed for the purpose of distributing Sl
the monthly Journals. He shall supply the branch referee with a
copy of the Monthly Report. He shall instruct the sick stewards
on it being necessary for such an officer to visit a sick member,
and in conjunction with them shall have power to allow siok
members to remove.
No secretary shall be allowed to take any member's contribu- ^contribu-
tions out of the branch meeting, except those of seagoing and O f branch,
registered members, or such as are remitted by post. Money so
left or remitted must be paid into the branch at the first regular
meeting thereafter. In the Colonies, America, and other places
where the conditions are such that members find it impossible
regularly to attend branch meetings, the local Council shall have
power to make a rule suitable to the conditions, subject to
approval by the Executive Council.
For neglecting any of the duties enumerated in the foregoing Penalties for
clauses, the secretary shall be fined 5s. For sending a fraudu- ne lect -
lent or wilfully inaccurate report, he shall be fined 3, not allowed
to hold any office again, or may be excluded from the Society.
8 . Should it be necessary for a secretary (or other member) Re obtaining-
to absent himself from his employment if he lawfully may
to obtain men to fill situations which may be vacant, he shall be
remunerated at the rate of wages he is then receiving, irrespec-
tive of overtime and piecework. He shall also receive third-
class return railway, tram, omnibus, or ferry fares. In the
Colonies and America the fares shall be at the lowest rates recog-
nised by Europeans. Such expenses shall be submitted to the
first meeting of the branch for its approval or otherwise. Any Penalties
member imposing on the Society in reference to these expenses r>
shall refund the money improperly obtained, and be fined 5s.
1428
TRADK UNIONS.
Resignation
or remoTal.
Barred from
other offices.
Salary.
liasi.-s HI:
which paid.
9. Any secretary wishing to resign office shall, if possible, give
to his branch one month's notice. Any secretary whose conduct
shall be found unsatisfactory by a summoned meeting of the
branch, convened for that purpose by the president, committee, or
referee, shall be liable to be removed from office upon receiving
notice from such summoned meeting, and shall deliver up, imme-
diately on demand, all books, papers, and other property of the
Society, to the trustees of the branch. No secretary shall be allowed
to act either as treasurer or trustee of his branch, nor shall he,
under any circumstances, draw money from the treasurer for the
purpose of paying members or otherwise. In no instance shall
he receive his salary until his books have been audited and found
correct. The branch secretary's salary shall be paid quarterly
by the branch treasurer, on receipt by him of an order, counter-
signed by the branch auditors, for the number of members belong-
ing to his branch on the last meeting night in each quarter. All
cheques paid by the branch treasurer after the last meeting night
in any quarter must be considered expenditure for the following
quarter.
The scale of secretaries' salaries shall be as follows:
Intermediate
Memben
Members.
Per Annum.
Per Quarter.
per Quarter
per Member.
i .
ii.
*. //.
d.
10
1 17
6
095
5
40
4 7
6
1 1 10
4
70
6 11
3
1 12 10
4
100
8 15
239
3
130
10 12
6
2 13 1
3
190
13 15
390
2
250
16 5
4 1 3
1
300
17 5
8
465
1
Election .
In no case, however, shall secretaries be paid for more than
300 members.
Branch secretaries shall be paid 2d. per quarter for each insured
member and Id. per quarter for insured apprentice members.
RULE 8. BRANCH REFEREE AND HIS DUTIES.
A referee shall be appointed annually at the meeting for the
election of officers in December (with the exception of Australa-
RULES OF A WORKMEN'S UNION.
sian, American, Canadian, and South African branches, in which
he shall be elected in September), whose address shall be sent to
the General Secretary within the first three days after election.
His duties shall consist in answering any communication that Duties.
may come under his notice, consequent upon the neglect of the
secretary in not attending to the correspondence connected with
his office. Whenever he receives any such communication he
must submit the same to the following branch meeting. When
transacting business he shall be paid the same as other branch Payment.
officers. If he neglects any of the duties of his office he shall
be fined 2s. 6d. On leaving office he shall deliver up all books, Penalties
papers, and other property of the Society he may hold.
KULE 9. CHECK-BOOK KEEPER, MONEY STEWARD, DOORKEEPER,
AND SICK STEWARD.
1. The check-book keeper and money steward shall be elected Election,
at general summoned meetings on alternate quarterly nights, and
shall each continue in office for six months. (In branches having
only seventy or a less number of members, the check-book keeper
shall act as money steward.)
The check-book keeper shall check the cards, shall enter the Duties of
* 11
amount in the branch check-book, and shall be answerable for e ^ e r
all moneys entrusted to him.
The money steward shall receive all payments from the meiii- Duties of
bers and enter the amounts taken in a book provided for the
purpose, and be answerable for all moneys entrusted to him, but
on no consideration shall he take the Society's money away from
the branch meeting-room. On each settlement with the treasurer
he must, before paying him the amount advanced, see that the
treasurer's name is signed across the face of each cheque and pay
sheet, on the back of which the money steward shall also sign his
own name in evidence of the treasurer having been paid the
amount stated. He shall also insert the income and expenditure
in his book, and balance the same each meeting night.
2. Doorkeepers shall be elected at summoned meetings, and Door-
shall act for three months, except in branches having two door- kee pers:
* number and
keepers, when they shall serve six months, and be elected alter- duties,
nately, non-free members being eligible for election. They shall
attend all meetings and assist the other officers in any business of
TRADE UNIONS.
Sick
stewards :
number and
duties.
Signing
of book.
Time of
payment of
sick benefit.
Payment
of sick
stewards.
Penalties for
neglect.
the branch. The inside doorkeeper shall at all meetings keep
the door closed when any member is speaking. He shall not
admit any member who is not known to him unless such member
produces his contribution card, or obtains some other member
to answer for his membership, nor shall he admit any member in
a state of intoxication, and on no account shall he take money
from a member outside the branch-room on summoned meeting
nights.
3. Branches shall have a discretionary power as to the number
of, and mode of, appointing their sick stewards, and any full
member shall be liable to be called upon to serve as such when he
has been in the Society twelve months. A sick steward shall
visit the sick once in each week, or oftener if the branch think it
necessary, except in cases where the member is afflicted with an
infectious disease, in which case his medical attendant shall be*
consulted. But in all cases where there is no infectious disease,
the sick member must be seen by the sick visitor. The sick
stewards shall, when necessary, remit sick, superannuation, or
donation benefit, and shall receive 2d. for each remittance, but
the cost of remitting donation and superannuation benefits must
be deducted from those benefits. They shall report every visit
personally, or in writing, to the secretary once in each week, and
to the branch on the meeting night. They shall be provided with
a book, which must be signed by the sick member each time he
is visited (or, if he is not able to sign, by his friends in his
presence), the date he is visited being noted therein. They shall
pay the sick member as early as possible on Friday evening,
unless he resides more than two miles from the clubhouse, in
which case he shall be paid not later than Saturday at 6 p.m.
But if a sick member resides more than two miles from his awn
or any other branch, his sick pay may be sent by post. For
neglecting any of the duties enumerated in this clause a fine of
6d. will be imposed.
4. A sick steward shall receive 3d. for each visit paid to a
sick member, and shall be held responsible for all moneys
entrusted to him. He shall attend on regular meeting nights
at the time appointed by each brajich, report how he found the
sick, and produce the sick book to the president, who shall
examine and sign the same. For non-attendance he shall be
fined Is., unless a satisfactory excuse be given to the members on
RULES OF A WORKMEN'S UNION. 1431
the following meeting night, but should he be unable to fulfil his
duties through sickness, leaving the district, or any other cause,
the secretary shall .appoint another member to fill his office until
the next meeting of the branch.
RULE 10. AUDITORS.
1. Each branch in single branch districts shall elect two Election,
auditors and a provisional auditor, each of whom shall serve for
twelve months, one of whom shall retire in June, and the other
two in December. (In Australasia, America, and South Africa
the elections shall be in March and September.) They shall be
elected at summoned meetings in the months mentioned.
In districts comprising two or more branches each branch shall
elect the auditors, and send the names to the District Committee.
The committee shall then appoint two auditors and a provisional
auditor to audit the accounts of each branch in the district, all
the auditors being used for the purpose.
Auditors shall have been members of the Society for two years, Qualification
except in new branches. No president, secretary, vice-president, f^atum^
check-book keeper, assistant secretary, money steward, sick
steward, trustee, or treasurer shall be eligible to audit the accounts
of their own branches. Immediately before the election, the
second and third clauses of this rule shall be read by the president
to the meeting.
2. Branches must be most particular in their selection of
auditors, in order that confusion and mistakes in the books may
be avoided and fraud prevented from being practised upon the
Society. Their duties shall be to audit the income and expendi- Duties re
ture of a branch for the quarter in which they are elected, and audit -
also for the three following quarters. In districts of more than
one branch they may be required to audit the accounts of any
branch within such district to which they may be sent by the
District Committee. These duties shall be carried out accord-
ing to the instructions set out for auditors' guidance in the Manual Manual,
issued for that purpose, which they must obtain from the branch
secretary. They shall, in the course of the audit, examine all
the books kept by the branch or its officers, and the branch
bank book. They shall report whether such books have or have
not been correctly and properly kept, and whether or not mem-
1432
TRADE UNIONS.
Expenditure
of branch.
Receipts and
rouohers.
Benefits.
Contributions, bers' contributions have been properly entered in the contribution
and check-books, and correctly added and transferred, with any
income arising from fines, to the cash book. They shall also
see that members' names have been properly transferred at the
end of the quarter to the new books, and the contributions, fines,
and levies, if any, owing from them to the Society properly
transferred. They shall examine the expenditure of the branch,
whether relating to benefits, payments to other branches, the
General Office, the District Committee, or other incidental
expenses, together with the published list of travellers in monthly
reports, all of which they must check carefully and compare with
vouchers. They must demand receipts and vouchers for every
item of expenditure and money deposited, and see that the interest
thereon is duly entered in the branch accounts. They shall also
examine the account of every member who has been on benefit,
and shall see whether or not every such member was entitled
under these rules to receive benefit.
Quarterly and 3. They shall examine the quarterly and, during the audit for
yearly report. tne j^f. q uar tj er of the year, the yearly report of the branch secre-
tary, and, on being satisfied of its correctness by examination
of all necessary documents, shall sign the same; and shall then
countersign an order on the branch treasurer for the secretary's
salary. At the meeting next following the audit they shall read
the quarterly or yearly reports to the branch. Such reports shall
contain a statement of the receipts and expenditure during the
last quarter, of the money in the hands of the branch at the
commencement and conclusion of the quarter or year, and any
other necessary information relative to the accounts, or the way
in which the same are kept.
4. All audits must commence within eight days after the close
of the quarter, and the two auditors shall attend during the whole
audit. After the auditors' report has been signed and sealed
by the branch president, the auditors must post the same to the
General Office.
Time of
audit.
Penalties for
absence
and neglect.
5. If a satisfactory reason for absence be not given to the
branch, the auditor who was absont shall be fined 2s. 6d. If any
auditor who has been engaged in the audit be absent from the
quarterly meeting without satisfactory reason being assigned, he
shall be fined Is. If any auditor be proved to the satisfaction of
RULES OF A WORKMEN'S UNION. 1433
a branch meeting to have wilfully neglected any of the duties
imposed by this rule, he shall be fined 2s. 6d.
6. Each branch auditor shall receive third-class return travel- Payment of
ling faro if he resides more than two miles from the clubhouse. a
Ho shall be paid according to the following scale. If at the
RE uio quarter mere
Not more than 25
are:
members
s. d.
2 9
50
3 6
100
4 3
150
5
200
5 9
250
6 6
Up to or over 300
7 3
The above shall be paid quarterly, and shall be paid to the
provisional auditor if called upon to act in the absence of the
auditor first selected by the committee.
All branch officers (including the provisional auditor if called
upon by the District Committee), secretary, and treasurer (if
a member), who may be required to attend the auditing of the
accounts, shall receive the sum of sixpence each for such audit.
Branch auditors shall be paid \d. for every five insured
-members per quarter.
List of Books for Auditors.
Contribution and Check Books. List of
Proposition and Entrance Book. examine.
Cash Book.
Bank Book and Deposit Receipts.
Money Steward and Treasurer's Books.
Donation Check Book and Sheets.
Sick and Superannuation Check Books and Sheets.
Benefit Book and Sick Steward's Books.
Registration Book; also Book for Fines.
Vacant Book and Minute Book.
Residence and Wages Book.
Declaration Book.
District Committee's Check Book.
List of Travellers in Monthly Reports.
Benevolent Grant Book.
1434
TRADE UNIONS.
Qualification,
election, and
removal.
Duties
Signing
the bond.
Payment.
Election of
trustees.
RULE 11. BRANCH TREASURERS AND TRUSTEES.
1. The treasurer of each branch shall bo a householder, and
shall be elected annually, on the summoned meeting night for
the election of officers in December, and shall be subject to dis-
missal if he does not give satisfaction to the branch. But it
is not requisite that the treasurer should be a member. His
duties shall be to pay all cheques signed by the secretary which
have the branch seal thereon; but in no case shall the treasurer
advance money to the secretary on any cheque presented
by him unless such cheque be signed by one of the auditors, or
countersigned by the president or vice-president. The branch
shall advance any sum requisite to defray the expenses from
meeting night to 'meeting night, upon a bond signed by the
treasurer; the said sum or any balance thereof that may be in
hand shall be produced to the auditors at each audit. (Treasurers
to whom money is not advanced shall also sign a bond in accord-
ance with Rule 3, clause 6, and the amount and date when such
bond is signed shall be entered in the minute book at the time
of each election.) The treasurer shall be provided with a book
in which he shall enter the amount of checks and moneys paid
on account of the branch. For his services he shall receive a
fixed salary, as follows: 2s. Qd. per quarter in branches having
ten members, increasing at the rate of Sd. for every ten up to
300 members.
EXAMPLE.
Members.
10
Per Quarter.
*. d.
2 6
Members.
40
PerQ
*.
4
uarter.
d.
6
2
20
3 2
50
;>
30 .
3 10
And so on to 300, 1 1*. \Qd. per quarter, or 4 7*. 4rf. per year.
Branch treasurers shall be paid \d. per quarter for every insured
member.
2. Each branch shall elect five trustees on the first summoned
meeting night in December (Australasia, Canada, America, and
South Africa in September), the duties of whom are laid down
in Rule 32.
RULES OP A WORKMEN'S UNION. 1435
RULE 12. VACANT BOOKS.
1 . Each branch shall be provided with a vacant book, which How kept,
shall be kept as the branch may direct, and in which there shall
be kept a list of shops, and the address of the registrar. A list
of shops and meal hours shall also be kept by the secretary of
each branch, except in towns where more than one branch exists,
in which case it shall be left to the discretion of the District
Committee how, and in what place, such list shall be kept.
2. Every member out of employment who is in receipt of dona- When signed,
tion, and residing within two miles from the clubhouse or vacant-
book office, must each day (Sundays and usual district holidays
excepted) sign his name and place the number of his contribu-
tion card in the vacant book, in ink, or answer to the vacant-book
keeper where the vacant book is so kept; but should any member
reside more than two miles from any clubhouse or vacant-book
office, he shall sign every alternate day (Sundays and the usual
holidays of the district excepted), at such hours as each District
Committee may appoint, but not later than five o'clock in the
evening or twelve o'clock on Saturday, but in the event of the Exemptions,
members in any specific section of the district residing outside the
two-mile limit, it shall be at the discretion of the District Com-
mittee to arrange for a special book or books more convenient to
those members. If the member reside five miles, but less than
ten, from the clubhouse or vacant-book office, the regulation of
his case shall be left to the discretion of the branch; but in no
case shall any such member sign less than once a week. In the
case of members distant ten miles and upwards, the branch may
use its discretion, but in every such case the member must send in
a certificate weekly, signed by two members or two respectable
householders, testifying that he is unemployed. In countries
outside the United Kingdom, District Committees shall have
power to regulate the time of attendance and distance to travel
to sign the vacant book. In the event of a member having con-
tagious or infectious sickness in his family he shall be exempt
from signing for the time being, on the production of satis.-
factory evidence to the secretary. Any strange member wishing Strange
to use the vacant book shall produce a travelling card or a cer-
tificate of membership before being allowed to do so. No secre-
tary shall be allowed to grant leave to any member to omit to
B. voi-. n, 37
1436
TRADE UNIONS.
Penalties
for non -
observance.
Reading of
book at
branch
meetings.
Notification
of vacancy or
of starting
work.
Central book
offices.
Duties of
central book-
keeper.
Re accounts.
Re reports.
Payment of
book-keeper.
sign the vacant book, except in the case of such as may bo
going a distance in search of employment. Any member neglect-
ing to sign as specified shall for each neglect lose his day's
allowance.
3. The vacant book shall be brought up each branch mooting
night, and the names of the members signing the same read over
at the meeting, and all members signing must attend the branch
meeting at least once each month, or be fined Is. Whenever a
member knows of a vacancy, or leaves one situation to go to
another, or if he gives or receives notice to leave his employment ,
he shall give information in writing to the secretary of the branch
to which he belongs, and to the nearest branch secretary or vacant-
hook keeper, within twenty-four hours, or be fined 2s. Qd. for
each neglect, unless a satisfactory excuse be given to the branch.
Any member commencing work must inform his branch secretary,
also the nearest branch secretary where he is at work, in writing,
within forty-eight hours, and also give his rate of pay within
three days after receiving the same, or be fined Is. The last
sentence relating to members notifying secretaries shall be printed
on pence cards.
4. There shall be central vacant-book offices in Glasgow, Leeds,
Liverpool, Manchester, and Bolton. There may be also central
vacant-book offices established in Newcastle-on-Tyne, Belfast,
Cardiff, Birmingham, Oldham, Melbourne, and Sydney, or at
any of those places, provided that a majority of the members
in any of them vote in favour thereof at any time. In each
case the duties of the vacant-book keeper shall be to forward to
each branch secretary in his district a statement of th attend-
ance at vacant book of their respective members once each week;
he shall also post in the vacant-book office a record of the members
sent to situations, and the branch to which they belong. He
shall keep a correct account of all income and expenditure of his
office, and his report shall be audited at the end of each quarter
by auditors appointed alternately by each branch in the district,
who shall examine all vouchers and receipts and report to their
next branch meeting, such auditors to be paid for their services
the same as District Committeemen. The accounts so audited
shall be forwarded to the General Office in time for the quarterly
and yearly reports. The vacant-book keepers (except those of
Glasgow, Melbourne, and Sydney) shall be paid quarterly, on
RULES OF A WORKMEN'S UNION. 1437
a graduated scale as follows, viz., 30 per annum for the first
eleven branches or part thereof using the vacant-book, and 5
for each succeeding seven branches, with house rent, coal, and
gas free. Such salary shall include all reasonable expenses in
connection with the office, the rooms of which shall be kept clean
and in order for branch and other meetings for which they may
be required. They shall be elected every three years, in Decem- Election,
her, and shall be under the control of the District Committee.
Candidates for this office shall be nominated by the various
branches at least six weeks before election, and shall have a mem-
bership of at least four years' standing. The names shall then be
printed and submitted to the various branches at least four weeks
before election, which shall take place at meetings of the branches
in each district summoned for that purpose.
The vacant-book keepers at Melbourne and Sydney, in the
event of offices being set up at those places, shall be paid not
less than 50s. per week. The amounts so allowed shall cover the
whole cost of maintenance of the offices in question.
5. Where practicable all branches within two miles of vacant- Branches
book office, shall hold their meeting therein, in preference to any ^dnt^book
other premises. Vacant-book offices shall be connected with the ffies.
central telephone office of their district.
6. In any town where there are three or more branches, but no Register of
vacant-book office, a register shall be kept, which shall contain the u ^P 10 ? 6 ^
names of members out of employment, their addresses and the
branch to which they belong, as well as the class of work to which
they are accustomed, the same to be under the control of the
District Committee, who shall appoint an officer to attend the
same, and whose name, address, and place where register is kept
shall be placed in list of corresponding officers. His duties shall
be to answer any application for men that may be. wanted.
Districts in towns of large area (where no vacant-book office
exists) shall have power to appoint more than one central register
if requisite. The member or members appointed thereto shall Payment
be paid the sum of 2s. 6d. for each branch per quarter comprising
such central register, the appointment and payment to be made
by the District Committee.
The register shall be kept in such manner and place as the Control.
District Committee may annually determine, and as, in the
37 (2)
1438
TRADE UNIONS.
opinion of the committee, will beet serve the objects intended by
this clause, namely, getting members speedily into situations.
Constitution
of committee.
Majority
to form
quorum.
Provisional
committee-
men.
Powers re
vacant -book
offices, &c.
Approval
of E. C.
Re penalties.
RULE 13. DISTRICT COMMITTEE.
1. In districts having more than one and up to seven branches,
seven members shall form a District Committee, each branch
to be represented as nearly as practicable according to their num-
bers. In districts of more than seven and up to eleven branches
there shall be one District Committeeman for each branch; in
districts of a number of branches from eleven up to twenty-two
the number shall be eleven, and the branches shall be grouped by
the District Committee for the purposes of election; and in dis-
tricts where there are more than twenty-two branches there shall
be one District Committeeman for each two branches. Single
branches in closely adjoining towns shall be grouped with existing
District Committees, or new districts shall be formed by the
Executive Council. All branches within a radius of ten miles
shall constitute a district. A majority of the members of any
District Committee shall form a quorum, but when unable to
form a quorum the members present shall be paid as if a meeting
had taken place.
A branch or branches may elect a Provisional District Com-
mitteeman, who will attend District Committee meetings when
the acting District Committeeman cannot attend, and he must
inform the Provisional District Committeeman.
2. District Committees shall have full control of vacant-book
offices, district registrars, and vacant-book keepers in their dis-
tricts, but no member of a District Committee shall act as a
vacant-book office auditor.
They may pass resolutions on all matters here following, which
on approval by the Executive Council, but only with such
approval, shall be binding upon all members working within the
respective districts, and shall be enforceable by fine not exceeding
3, by suspension from benefits, or by expulsion from the society.
They shall also allocate the holidays in their respective districts,
as laid down in Rule 25, clause 5.
District Committees shall have no jurisdiction in matters of
branch business (except in conjunction with branches in connec-
tion with local levies), but shall have power (subject to the
RULES OF A WORKMEN'S UNION. 1439
approval of the Executive Council) to deal with and regulate
the rates of wages, hours of labour, terms of overtime, piecework, fa wages,
and general conditions affecting the interests of the trade in their conditions,
respective districts. In respect to resolutions which are dis-
approved by the Executive Council, the Council shall give a detailed
statement of the reasons for such disapproval to the District Com-
mittee or Committees concerned. They may enter into negotiations R C negotia-
with employers in their respective districts, with a view to having tlons -
shops worked exclusively by our members. [In seaport towns they
shall have control over and fix the rate of wages for seagoing
engineers.] Systematic overtime shall not be allowed in any Re overtime,
district, and District Committees should see that this is strictly
enforced, and also minimise overtime as far as possible
Systematic overtime shall be defined by District Committees in
each district. District Committees shall define all cases claimed
as emergency, and members must not under this plea work more
than the stipulated amount of overtime without the consent of
the District Committee. Committees shall be allowed to appoint Re sub-
sub-committees from their own body, and to send deputations
chosen either apart or from their own body to employers in their tions.
districts on questions likely to cause disputes, with a view to an
amicable settlement of the same; and in cases of emergency they
shall have power to appoint deputations to interview employers
or their officials, prior to the sanction of the Executive Council
being obtained. Such deputations, unless by sanction of the
Executive Council, shall not consist of more than three members,
and, together with sub-committees, they shall be paid the same
as District Committeemen.
3. The president and secretary of each District Committee shall Election
be elected by ballot every twelve months by the majority of
members in the district. Nominations shall take place six weeks
prior to the annual election of officers, so that the second ballot
where necessary shall be completed by December 31st. The
officers shall retain office till their successors are appointed. The Powers of
president and secretary, or a majority of the committee, shall officers -
have the power to summon the committee whenever they deem
it necessary. Members neglecting to attend shall be fined Is.
unless a satisfactory reason for absence be given. The president
or secretary shall not be entitled to vote except in the event of
the votes being equal, when the president shall give a casting vote.
1440
TRADE UNIONS.
Power of 4. In the case of shop disputes, the District Committee shall
committees re , , . . , T , ^ i N ^ j. i
levies. have power (with consent of Executive Council) to take a vote
of the members of the district upon the advisability of assisting
the strike committee in the district by a local levy; such levy not
to exceed 6d. weekly during the dispute, except in America and
the Colonies, where the maximum shall be 2s. 6d. They shall also
have power to appeal to other districts not immediately con-
cerned in any dispute to take a vote of their members to assist
the district appealing. The committees shall also have power to
direct branches in their districts to summon meetings to take
votes for or against striking a levy for the support of members
of the Society upon local governing bodies, the amount of such
levy to be stated by the committee when the levy is asked for,
but not to exceed 6d. per member per annum, and not to be in
force for more than three years without a second vote being taken.
Powers of 5. Committees may also appoint shop stewards in workshops
committees re . . , . . ,
shop stewards or departments thereof in their respective districts, such stewards
to be under the direction and control of the committee, by whom
their duties shall be defined. The stewards shall report at least
once each quarter on all matters affecting the trade, and keep
the committee posted with all events occurring in the various
shops, and they shall be paid 3s. for each quarterly report;
namely, 2s. for duty performed, and Is. for attendance and report
to committee, these to be payable by the District Committee, and
should a shop steward be discharged through executing his
duties he shall be entitled to full wage benefit. If it is necessary
for stewards to attend other meetings of the committee they
shall be remunerated at the same rate as witnesses attending,
committee meetings.
6. District Committees shall also have power to call aggregate
meetings or shop meetings upon trade questions, and should any
such committee be authorised by the members at an aggregate
meeting to endeavour to improve the conditions of labour in the
district, they shall make inquiries as to the distance to which
such action would affect our members, and should they find that
there are members of the Society outside the district working
under conditions which would tend to prevent an improvement
of the conditions of those members inside, they shall report to
the Executive Council, who shall consider the propriety of allow-
Powers of
committees re
aggregate
meetings.
RULES OF A WORKMEN'S' UNION. 1441
ing the formation of a temporary joint committee, formed of
representatives from the two or more committees.
7. In the case of a shop dispute the members shall not leave Powers of
their employment without the approval of the District Com- ^n g es
mittee. In such disputes where any sections of the amalgamation members,
can with advantage be exempt from being drawn out, their special and veto'
cases shall be investigated with a view to the best interest of the f candida tes
for admission.
bociety being conserved. A District Committee shall also have
power to fix special rates for young members working in shops
where they have served their apprenticeship for two years there-
after, and shall also have power to veto the admission, subject to
the sanction of Council, of any candidate who has been
excluded fro,m a branch in the district for acting contrary to the
Society's interests. No general strike shall be entered upon in Voting
anv district affecting the whole of the members unless carried by on general
" . . / district
a majority of three votes to two of the members voting of the said disputes.
district, and no settlement shall be decided upon unless accepted
by a majority of at least three votes to two. The vote must be
taken by ballot. The Executive Council, having given the Dis-
trict Committee permission to take such a vote, shall have no
power to interfere with its operation.
8. Members of the District Committee shall have been three Qualification
vears in the Society previous to election. No member shall be ofcommi tte-
... . . . men.
eligible who is not working at the trade, under the conditions
laid down by the District Committee (members on benefit
excepted). They shall be elected half -yearly, on the nights when Election,
the branch officers are appointed, the majority and minority retir-
ing on alternate quarterly nights, subject to re-election. Each
District Committeeman shall give a detailed report of the com-
mittee's proceedings (except such as are not at the time to be
reported) to his branch or the branches he represents at the branch
meeting next following that on which the committee meeting
was held; failing to> do so he shall be fined Is., unless a satis- Penalties,
factory excuse be given. For divulging the business of the com-
mittee previous to reporting to the branch or branches he
represents he shall be fined 5s. When more than one branch is
represented, the District Committee shall decide how the reports
are to be given. The members of the committee shall be allowed Payment,
the sum of Is. for each meeting, and, in the event of the place
of meeting being two miles or upwards from their residence,
1442
TRADE UNIONS.
Payment
and penalties
of witnesses.
Fewer of
branch.
Secretary's
duties.
Penalties.
Payment.
Single 1 ranch
committees.
Permanent
secretaries.
they shall receive third-class return railway, omnibus, or ferry
fares (except in America and the Colonies, where the fares shall
be as provided for in Rule 7), and witnesses summoned shall, at
the discretion of the committee, receive similar payment.
Witnesses failing to attend, after being duly summoned, may
be fined in such sum as the committee may determine, such tine
not to exceed 5s. Branches shall have control over their own
District Committee members, and may remove them it' dissatis-
fied with their conduct.
9. The secretary of each District Committee shall send in a
report to every branch in his district on or before the night of
the election of officers, stating the number of meetings, if any,
held during the quarter, and how often each representative has
attended. He shall submit his accounts for audit to the branch,
giving expenses; and shall notify to the branches which ha vie
to elect new members the night upon which their election shall
take place, and state the department of trade followed by mem-
bers of the committee who are not retiring. He shall also inform
each branch in the district within three days, of the approval
of the Executive Council of any resolution of the committee
affecting any shop or shops in the district, and shall report to
the Council from time to time as may be found necessary; for
neglect of any of these duties he shall be fined Is. In districts
where there are four branches or less, the secretary shall be paid
the sum of Is. Qd.; exceeding four and up to eight branches, 2s.;
exceeding eight and up to twelve, 2s. 6d.; and exceeding twelve
branches, 3s. for each meeting he attends. He shall also receive
in addition 2s. per quarter per branch in the district. If he is
required to attend on the appointment of his successor, he shall
receive Is. In districts where there are more than two branches,
no branch secretary shall be District Secretary.
10. If in any locality there is only one branch, the braaich
committee shall act as, and shall be, the District Committee, and
be paid the same as other District Committees for all meetings
reported to the Executive Council. The branch secretary shall,
in such case, receive the sum of Is. 6d. for his attendance.
In London, Manchester, Newcastle, and Glasgow there shall
be District Secretaries, who shall devote the whole of their time
to the duties of their office and assist the Organising District
Delegate in their respective districts. They shall be elected for
RULES OF A WORKMEN'S UNION. 1443
throe years, and be eligible for re-election. They shall be paid Wages.
2 15s. per week, with travelling expenses in addition, and shall
bo allowed six days' holiday in each year and sick pay as per
Rule 14, clause 2, but they shall not be paid any moneys as pro-
vided in Rule 13, clause 9, and they shall act as registrars with- Duties,
out payment when in the opinion of the District Committee and
Executive Council it is practicable for them to do so, but for
Glasgow the District Secretary shall also act without any further
salary as the vacant-book office keeper. They shall be nominated Nomination
by and from the branches in their respective districts, and shall ai
have worked and resided in their respective districts for twelve
months immediately preceding such nomination. Candidates Qualifica-
shall have been for seven years members of the Society, and shall t!
not be 10s. in arrears. They shall be nominated not less than
twelve weeks, and elected not less than four weeks, before taking
office. In the event of a death, resignation, or removal from
office, another election shall take place, the appointment then
made to be for the unexpired term. They shall be under the
control of the Executive Council.
11. Each District Committee shall appoint annually a referee Referee,
apart from its own body, to whom references can be made in
any case of neglect. He shall be remunerated for any meetings
he may be called upon to attend at the same rate as a District
Committeeman. The names of such referees shall be printed
with the list of corresponding officers.
12. If a member is charged with any offence, and investigation Committee
is made by the District Committee, he shall have the right to lnvestl S a lon -
summon witnesses for his defence. If he is fined or otherwise
penalised, his branch secretary shall be informed by the District
Secretar\" within fourteen days of approval of Executive Council,
and such secretary shall in turn inform the secretary of com-
mittee within four weeks, in writing, that such fine or other
penalty has been imposed.
RULE 14. EXECUTIVE COUNCIL.
1. There shall be an Executive Council, which shall sit in Location and
London at -, which shall consist of seven members and an n
independent chairman. The Executive Council shall be nomi-
nated by and from the seven divisions as set out at the end of
1444
TRADE UNIONS.
Constitution.
Salaries.
Nomination
of chairman.
Duties of
chairman .
Vote
of chairman.
Council's
hours.
Removal
expenses.
this rule. Each shall be nominated from the district in which
he has worked and resided for the twelve months immediately
preceding such nomination, and each shall be elected by the vote
of the divisions. They shall be elected for periods of three years,
and shall be eligible for re-election, the minority and majority
being re-elected at intervals of eighteen months, but in the first
election under these rules all shall be elected for the full three
years, and in the second election the three Executive Councilmen
who obtain proportionately the lowest number of votes shall retire
in eighteen months. Each Executive Councilman shall be paid
a weekly salary of 2 15,s., and shall be allowed one week's holiday
per year.
The chairman shall be nominated by and from the branches
of the Society, and shall be elected for three years by the vote
of the whole Society, and sihall receive a salary of 180 per
annum, and shall be eligible for re-election. The chairman shall
preside over all Council meetings, read all letters which require
to be submitted to the Council, see that the business is properly
conducted according to rule, sign the minutes of each meeting,
and all bills sanctioned by the Council, and, in conjunction with
the General Secretary, see to the carrying out of the provisions
of the rule for the discharge of Executive Councilman's and
officials' duties and attendances, and the imposing of fines and
penalties for non-fulfilment. He shall also attend all conferences
with the employers, and shall prepare and present the case for the
Society at such conferences. He shall conduct the correspondence
in connection with the business which is dealt with by Executive
Council. He shall prepare, and cause to be issued to each branch
secretary once a month, a report of the Council's proceedings.
The Chairman snail only have one vote, and that a casting
vote, when the votes are equal.
2. The Council's hours of business shall be from 9 a.m. till
5 p.m., with one hour allowed for dinner, with the exception of
Saturday, when the hours shall be from 9 a.m. till 12 o'clock.
But in cases of emergency they may be called upon to finish the
business in hand. Each member of the Council shall devote the
whole of his time to the duties of his office, except where the
consent of the Council as a whole, as provided for in this rule,
is given to the contrary. The necessary cost of his removal, when
elected, shall be borne by the Society, on the production of rail-
RULES OK A WORKMEN'S UNION. 1445
way and other receipts, such cost to cover travelling and transport
expenses only. Should a Councilman be sick, he shall receive Sick
during- such sickness half -pay for three months, should it con- allowanc -
tinue so long, and at the expiry of three months, should he
continue ill, shall receive only the ordinary sick pay of the
Society.
3. Candidates for the Executive Council must have been mem- Qualification
hers for seven years, and must not be 10s. in arrears. They shall men U
be nominated for not less than twelve weeks, and shall take office
four weeks after being elected. Nomination and election shall Nomination
take place on general meeting nights summoned for the purpose. andelectlon -
The schedules, and any testimonials which the candidates may
desire to submit to the members, shall be issued from the General
Office in time to allow an interval of at least five weeks between
the date of receipt by secretaries and the date fixed for the
return of votes.
The elections of Executive Councilmen shall be conducted by Elections,
the General Secretary and one assistant appointed by him. All
candidates' election addresses shall be received by the said officials,
including those of retiring Councilmen seeking re-election, who
shall not be distinguished from other candidates in the election
addresses by stars, or the words " present holder," or any other
appellation. The secretaries shall in no case place advance copies
in the hands of any member or members of the Executive Council.
Nor shall they, under penalty of expulsion from office, inform
any Councilman of the details of branch voting during any-
contest .
For the purposes of these rules the elections of Chairman and
Executive Council shall take place in order that they may take
up their duties by the 1st of January, 19 .
4. Any Councilman failing to attend the meetings or neglect- Penalties for
ing his duties, without giving a satisfactory excuse, shall be fined negec
6s. for the first offence, 10s. for the second, and for the third he
shall be reported to the Society, at the same time being given
an opportunity to defend himself, and if deposed, the General
Secretary shall instruct the division he represents to nominate
another in his place. In any case the particulars of such neglect
shall be published in the following monthly report. Should Council's
a District Committee or Colonial Council make a request for votin -
particulars of the Council's voting on any subject, the votes
1446
TRADE I UNIONS.
Council's
powers re
printing.
Re acquiring
property and
building.
Re co-
operative
undertakings.
Referee to
general office :
election,
duties, and
payment.
for and against, and by whom recorded, shall be furnished to
the said committee.
5. The Executive Council shall, subject to the rights reserved
to the American, Canadian, Australasian, and South African
Councils, have powers as follows: They shall superintend all the
printing and stationery, which shall be of British manufacture,
and purchased from Trade Union or co-operative firms paying
the standard time rate of wages in all their branches, and also
in the sub-letting of the same. They shall also see that all
buildings of or repairs to any of the Society's property are done
by those firms only who pay the Union rates of wages, and pre-
ference shall be given to those firms who employ Trade Union
labour only. They may, if desired by the District Committee in
districts where vacant-book offices exist, acquire possession of the
property in which such offices are situated. They shall also have
power to erect dwelling-houses on any land which may at any
time be in the possession of the Society. These houses shall be
let at reasonable rents, and preference shall be given to officials of
the Society, but none of them shall be let to return less than
5 per cent, interest on the investment. The money required
for this purpose shall be taken from the Superannuation Fund,
and profits, if any, accruing shall be returned to the same. They
may take the votes of the members at any time on the propriety
of devoting part of the Society's moneys to co-operative under-
takings, if, on their own initiative or on the proposal of any
members, they may have a scheme to submit which may seem
to contain the elements of success. They may send one or two
representatives to annual or other meetings, as mentioned in
clause 5 of Rule 2.
6. A member of one of the London branches shall be appointed
triennially in the December quarter as referee to the Executive
Council. He shall be nominated and elected by the whole of the
branches comprising the London district, and reference may be
made to him as regards any apparent neglect by the General Office
officials, and he shall lay such complaints as may arise personally
before the Executive Council, and demand any necessary explana-
tion. He shall be paid Is. 6d. for attendance at the General
Office, in addition to compensation for loss of time, if any, with
tram, ferry, or third-class return railway fare. Branch secre-
taries shall refer to him when the neglect of the General Secre-
RULES OF A WORKMKN'S UNION. 1447
tary renders it necessary; he shall enter in a book an account of
all business he transacts, and at the end of each quarter lay
before the Council a full report from the same; the book shall
also be laid before each representative meeting.
7. The Council shall decide in cases of appeal, and such deci- Council's
sions shall be final, unless tho branch or member is dissatisfied, Appeals' #
when such branch or member may appeal to the Final Appeal
Court, but appellants must first comply with the decision of the
Council. In any case, however, where a branch appeals to 'the
Final Appeal Court against an order for the suspension by the
Executive Council of the said branch, such suspension shall not
take effect previous to the appeal being heard, unless the branch
has refused to remit equalisation or other moneys ordered by the
Council in accordance with rule (the Council in no case to reduce
the assets of the branch below the amount required to meet
current branch expenditure), in which case the suspension will
immediately take effect, notAvithstanding the appeal; but in all
cases the reasons for arriving at such decisions shall be clearly
stated. Members only who vote in the majority against the order
of the Council shall be suspended.
The Council shall divide the Society into electoral divisions .Re delegate
for the purpose of setting up of delegate meetings.
8. In the event of any question arising on which the rules Winter-
are silent, the Executive Council shall give a decision, and in ^ tlono
the monthly report following, corresponding list, and sugges-
tion book in connection with the alteration of rules, shall state
particulars of the question and the decision thereon, with reasons;
but in no case shall they alter the established rules of the Society.
They shall consult the members whenever they deem it necessary
on the propriety of raising or replenishing a contingent fund,
a benevolent fund, legal assistance fund, parliamentary fund,
or a fund for granting assistance to our own trade or to other
trade societies, and shall notify the branches when levies for & levies,
accident rule payments must be charged, as well as make grants
from such funds from time to time, according to their discretion,
but the reasons for arriving at decisions shall be clearly stated
to members or branches claiming. The votes shall be taken at
branch meetings specially summoned for that purpose, and the
majority of votes shall in all cases be decisive, members being
exempt from payment in proportion to the number of weeks they
TRADE UNIONS.
Re dispute
levies.
Apportion-
ment of
levies.
Duration
of levies.
Grants to
other trades.
Benevolent
grants.
Record
of benevolent
grants.
Powers re
new branch.
Opening
same.
are in receipt of benefit, also those earning wages for half the
weekly hours of the district or less per week. The Council shall
levy on the members in the event of any strike in the [engineer-
ing] trades, so as to do away with extraneous collections. Such
levy shall not exceed Qd. per member per week (in the Colonies
and America, 2s. 6d. per week), and shall not be retrospective,
and shall not be in foroe for more than one month without a vote
being taken as to the continuation of the same. On the appli-
cation of any District Committee, where a dispute is existing,
the Council shall apportion a sum from the above fund which, in
their judgment, will meet the circumstances of the case, and the
sum so apportioned shall be handed to the recognised strike com-
mittee for distribution. No levies shall be enforced unless by
consent of the majority of the members voting, nor shall any levy
continue in force longer than three months without a second vote
of the members being taken, and no such moneys shall be applied
to the relief of non-society men. No grant exceeding 20 shall
be made to any other society without a vote being first taken
of the whole of the members. In dispensing the Benevolent.
Fund, the Council must take into consideration all cases of dis-
tress, whether members on whose behalf the appeals are made arc
working or not, and no inquiry shall be made through the printed
matter as to whether or not the applicant has received relief from
relatives or friends.
They shall, however, also keep a record of all benevolent fund
grants; and all previous grants from the fund shall be considered
when application is made to them on behalf of a member. The}'
shall also issue a benevolent grant book to each branch, so that
the names of members receiving grants may be entered in the
same, and also entered in the clearance form of members on the
latter being transferred from one branch to another.
9. The Council, upon receiving an application from any branch
or branches for the opening of a new branch or branches in any
particular district, shall refer the same to the District Committee
of the district from which the application was received for their
consideration, and if, after receiving a satisfactory reply from
such committee, the Executive Council consider the same is neces-
sary, shall instruct the chairman and secretary of the committee
to attend to the opening of such branch or branches. But in any
district or country where no branch exists, the Executive Council
RULES or A WORKMEN'S UNION. 1449
*
shall have power to authorise the opening of such; and they may
also, on the application of any branch or District Committee,
appoint a deputation to visit any locality for the purpose of taking
part in propagandist work in those districts where it may bo Propagandist
considered beneficial. They shall also have power to admit mem- *
i i T i i -j? i Admission ot
bers 01 sectional societies of trades mentioned in .Rule 1, it such groups of
members apply in numbers of not less than five, provided that the membere -
age of such applicants is not more than thirty-five years, and
that they each pay the worth of the Society per head at time
of admission. The terms of admission shall be regulated accord-
ing to the worth of the Society per member, including the value
of all its property. In case, however, of any of these members
of sectional societies having been excluded from this society for
acting contrary to its interests, their case shall be specially con-
sidered before they are again admitted.
For the purpose of giving our members the opportunity to
vote for any society to amalgamate with our Society, the voting
may take place at more than one summoned meeting. Aljso
members can vote by post.
10. The Council shall have power, on report of the General Powers:
Secretary, to direct that special audits or examination of branch 8pec
books be made when deemed necessary, such audits to be made by
the general secretarial staff, either locally or otherwise, as may be
found most convenient. The Council may institute legal pro- Legal
ceedings against all officers or members who have in any way P roceedm & 8 -
defrauded the Society, and against all trustees who may refuse to
sign or deliver up to any person appointed by the branch or the
Executive Council to receive the same, all bonds, cheques, or
other documents which may have been entrusted to their care,
or which require their signature, and they shall also have power
to make an order upon any branch for money to discharge any
bill or debt contracted by them on account of the Society.
There shall be five General Trustees, who shall be members of Election
the London branches, and who shall be nominated and elected f general
trustees,
by the London members.
The}' shall hold office during the pleasure of the members,
and vacancies occurring through death, resignation, or miscon-
duct shall be filled in a similar manner to the first appointment.
No general officer shall be eligible for General Trustee. The Trustees and
elections shall be conducted by the Executive Council, which i
1450
TRADE UNIONS.
Duties re
municipal
contracts.
Duties re
correspon-
dence and
reports.
Duties re
federation.
Se
conferences
body shall, together with such trustees, invest the moneys of the
Society as hereafter directed in Rules 30 and 32; and may also
equalise the same as laid down in Rule 33.
11. The Council shall organise a department to be called the
"Public Tenders Department," the duties of which shall bo, in
conjunction with the branch committees formed for the same
purpose, to watch over the interests of the trade in the placing 1
of contracts by municipal bodies. It shall be the duty of suoh
department to initiate such measures as may be found necessary
in order to let public bodies know the conditions of employment
observed by the respective firms tendering, and to collate all
information collected by the special branch committees bearing
upon this business.
12. Councilmen shall render assistance in conducting the cor-
respondence in connection with the business submitted to the
Council, and in its proper arrangement and custody, but shall
not be required to do any other clerical work whatever, all such
devolving upon the General Secretary. They shall not be per-
mitted to give in reports to any of the branches, but may take part
in discussions that may take place on the Council's proceedings,
and they shall be allowed to give a resume of the Council's pro-
ceedings when seeking re-election. Reports of all officers must
first receive the approval of Executive Council before being pub-
lished in the monthly, quarterly, or yearly printed matter.
13. [Duties re Parliamentary representation (6).]
14. If at any time it shall be considered necessary in the
general interests of the trade to join any federation or amalgama-
tion of kindred trades, the Council shall take a vote on
the question; but no such scheme shall involve the Society in
any pecuniary expense without a special vote of the members.
The Council shall, however, have power to become affiliated with
any association or kindred Trade Union in other countries which
has for its object the collecting and diffusing of information, or
the initiation of steps towards closer international union. Dele-
gates to annual meetings of Federations of Trades Unions shall
be nominated and elected by members in the United Kingdom.
The Council may enter into conference with the Employers'
Federation Executive with a view to an amicable settlement of
(6) See Trade Union Act, 1913.
RULES OF A WORKMEN'S UNION. 1451
any dispute which may arise in any district of the Society. But
on no account shall they take any case from the district in which
the dispute occurred to the Central Conference, unless requested
to do so by the local District Committee, and then only after
all local efforts have failed. The Executive Council, or anyone
acting on their behalf, shall not be allowed to complete an agree- .fo-
ment with any employer or employers concerning wages, piece-
work prices, or system of working, unless the terms of agreement,
together with a copy of the transcript notes, are first submitted
to the district or districts affected. In all cases of disagreement
between the district or districts affected, and the Executive
Council, the whole case shall be submitted to, and decided by,
the vote of the whole Society, to which both sides of the ques-
tion may be put by the parties concerned.
15. The Council may sanction the sending of special delega- Special
tions from one district to another in cases of extreme emergency ; d
but no delegate shall be acknowledged in any locality unless he
produces a credential specifying the nature of his business. Any
general officer visiting any locality on Society business connected
with that locality, shall inform the District Secretary or branch
secretary of the business he is engaged upon. In all such cases
as affect the interests of the members or those of the trade
generally in which it may be considered necessary or beneficial
to appoint special delegates to meet any employer or employers,
or those acting on behalf of employers, for the purpose of dis-
cussing any question at issue, not less than two members shall
be so delegated.
16. The Executive Council shall furnish each branch with a Duties
book in which to record any suggestions and particulars of voting ^ * s
on alteration of rules.
The following shall constitute the districts referred to:
No. I Division.
No. 2 Division.
*****
No. 3 Division, &c.
*****
B. VOL. n. 38
1452
TRADE UNIONS.
Election.
Qualifica-
tions.
May be
removed if
incompetent.
Control of
Council.
Control
of general
secretary.
Duties of
general
secretary.
RULE 15. GENERAL AND ASSISTANT SECRETARIES.
1 . There shall be a General Secretary and four Assistants, who
shall be elected by the members. These officers shall be elected
for three years, and shall be eligible for re-election provided
they have conformed to the rules of the Society. But in the
event of death, resignation, or removal from office during the
interim, an election shall take place, the appointment then made
to be for the unexpired term, but if the unexpired term is less
than twelve months the election shall be for the' unexpired term
and for the ensuing three years.
2. Any full member who has been in the Society for seven
years successively, whether working at the trade or not, shall
be eligible for nomination for the position of General Secretary
or Assistant, but must be less than 10s. in arrears at time of nomi-
tion. If any member appointed as General Secretary or
Assistant is proved (to the satisfaction of the Council) not to.
have had the necessary qualifications, or to have obtained his
appointment or election by a fraudulent proceeding, or not to
have a full knowledge of the Society and its intentions, or not
to be fully competent to correspond with the branches and give
instructions upon any particular subject which may be referred
to him, in any of such cases his election shall be void (the
particulars to be published in the following Monthly Report),
and the members shall elect a General Secretary or Assistant as
if no election had taken place.
3. The General Secretary and Assistants shall be, in all matters
not specifically mentioned in these rules as devolving upon the
former, under the control of the Council, which body shall in case
of death, removal, retirement, or violation of the rules and regu-
lations of the Society, appoint a member pro tempore, who shall
officiate until the members elect another. The Assistant Secre-
taries and clerks shall be entirely under the control of the General
Secretary. All office work shall be under his supervision and
control. A book shall be kept by the General Secretary at the
General Office, in which all the officials shall sign their names
each day they attend, and he shall publish such attendance in
each Monthly Report. Sick pay as per Rule 14, clause 2.
4. The General Secretary shall devote the whole of his time
(except by and witli the consent of the Council to the contrary)
to the business of the Society, and attend the meetings of the
RULES OF A WORKMEN'S UNION. 1453
Council. He shall, when required, read copies of answers sent
to the various branches, and transact such other business as may
be required. He shall also produce all books and papers belong-
ing to his office to the auditors appointed for that purpose every
six months. Should it be necessary for him to be absent from 1
the office, he shall make all arrangements for carrying on the
business during his absence.
5. The General Secretary shall issue a Monthly Report, stating .Re monthly
the condition of trade in each town, as received from the branch
secretaries; he shall, in conjunction with the Council, cause to
be printed with such report the decision of any branch upon, any
case wherein the Society's rules are silent, if such decision be
approved by the Council. Such report shall contain a report of
the proceedings of the Council as prepared by the chairman. It
shall also contain once a quarter the names of those excluded
during the previous three months, and three copies shall be sent
to each branch, one each for the branch president, secretary, and
referee. Two copies shall also be sent to each District Secre-
tary, vacant-office keeper, and registrar. The General Secretary
shall also issue a Journal, combined with the Monthly Report,
which may contain anything of interest to the members of the
Society, and the pages of which shall be open to receive suitable
contributions from members on matters appertaining to the wel-
fare of our trade and organisation. Such Journal and Monthly
Report combined shall be saleable to members only at Id. per
copy, and the General Secretary shall be held responsible for
the conduct of the same, and shall be free to insert advertise-
ments as a means of revenue. He shall keep a separate account
of all income and expenditure in, respect to the same, and publish
them in the Yearly Report.
6. The General Secretary shall compile Quarterly and Yearly .Be Quarterly
Reports from the returns received from the various branches,
as well as returns of the number of votes for and against, upon
any subject that the Council may call for from time to time
from the branches, and send a copy of the same to each biwi.cn
of the Society; also a detailed quarterly account of the expenses,
and in the Yearly Report an abstract of the proceedings of lie proceed-
the Council, and for every twelve months, as from the first meet-
ing in December to the last meeting in the following November, he
shall issue a full report of the income and expenditure of the
38 (2)
1454
TRADE UNIONS.
Re number of
Yearly
Reports
issued.
Re returns of
working
conditions.
Re advance
copies of
reports.
Re penalties
for neglect.
Duties re
Registrar.
Re elections.
Re alteration
of rules.
whole Society for the year, a statement of members placed on
superannuation benefit, with a list of all the clubhouses and the
dates of meetings inserted therein. This Yearly Report shall be
issued in the proportion of one to every two members, and in so
far as it is distributed in the United States and Canada, shall
contain a report of the American branches in American currency
as well as in English, and it shall also contain, as separate items,
the cost of printing, postage, and stationery for the whole Society.
He shall also issue yearly, to all district secretaries throughout
the United Kingdom, a return showing the rates of wages, hours
worked, and general conditions obtaining in the various districts
of the Society, with any changes of conditions which may have
taken place during the year. Either of the reports may contain
advertisements of technical, educational, trade, or co-operative
subjects.
7. The General Secretary shall, by the eighth day of each
calendar month, send to the secretary of every branch three
advance copies of the Monthly Report, to the secretary of each
District Committee one, to each vacant-book keeper one, and each
registrar one, or be fined 10s.; he shall issue each of the four
Quarterly Reports within four weeks, or be fined 15s.; and the
Yearly Report within fourteen weeks, or be fined 1. A copy
of the Yearly Report shall be sent as early as possible to each of
the branches abroad by book post. He shall send the yearly
contribution cards of each branch at least four weeks previous to
the first meeting in each year, or be fined 1. The Monthly
Reports intended for those branches whose reports arrived at the
General Office after the second day of the month, he shall send
to the referees in order that the fine may be inflicted. He shall
also make out and forward from time to time to the Registrar
of Trade Unions all returns required by the Trade Union Acts,
or to bo required hereafter by any amendment of the same.
8. The General Secretary shall forward by post a schedule to
each branch on the occasion of asking for nominations and voting
in elections of members for the Executive Council or Final Appeal
Court, for the Delegate Meeting, or Federation Meetings; also
for the nomination and election of General or Assistant Secre-
taries, Organising Delegates, or any special conference or
congress, for which votes are to be asked for by the Executive
Council. He shall issue the rules as altered by Delegate Meeting..
RULES OF A WORKMEN'S UNION. 1455
and shall publish the names and addiresses of trustees, referees,
and secretaries in a list of corresponding officers, which shall
be issued.
The General Secretary shall also issue travelling cards for the use Re travelling
of the South African branches. He shall also transact such business C!
belonging to the district where the Council may be held as they
may deem necessary; he shall immediately answer all applications -Re applications
for men from branches; for neglecting to do so, he shall be
fined 5s.; and he shall authorise members who are on donation
to be removed from one district to another, where there is a
probability of employment. He shall issue to each branch a Re manual for
manual of instructions for the use of branch auditors, for guidance auditors.
in the discharge of the duties appertaining to the latter office.
9. The General Secretary's books, receipts, and other necessary Audit of
documents, shall be audited every half-year by a firm of chartered j^!^J. > 8
accountants, whose report shall be issued with the following accounts.
Monthly, Quarterly, and Yearly Reports. This to apply to
General Office accounts only. The accountants shall be appointed Auditors'
in the first instance by the general trustees, but subject to endorse-
ment afterwards by the Final Appeal Court. The books con-
cerning the Society as a whole shall be kept by the General
Secretary at the General Office, and there shall be a registration e
book kept, by the General Secretary, in which the name of each registration,
member of the Society shall be entered, stating when and where
admitted or re-admitted, age, trade, married or not, as the case
may be, and whether he has received any part of the funeral
money .
10. The General Secretory shall be paid a salary of 4 10s. per Salaries,
week, and shall reside on the premises of the General Office,
rent, coal, and gas free. Each of the four elected Assistants shall
be paid 2 15s. per week. Any member on being appointed
General Secretary or Assistant shall be paid the expenses attend-
ing the removal of himself and family from the place in which Removal
he resides to the place in which the General Office is situate g 8 *
on production of railway and other receipts, such cost to cover
travelling and transport expenses only; and, if resigning, shall,
if possible, give fourteen weeks' notice of such intention. The
General and four Assistant Secretaries shall be allowed fourteen Holidays,
days' holiday per year. Other office assistants as required by
the General Secretary shall be paid as agreed upon by the General
145t>
TRADE UNIONS.
Office hours.
Location-
Nomination
and election.
Qualification.
Control
of Council.
Secretary and President, and all such appointments, present and
future, shall be notified in the Monthly Report, with reasons for
the appointment.
Any staff necessary to meet the requirements of the General
Office under the National Insurance Act shall be appointed by
the General Secretary. Remuneration for the same shall be
decided by the General Secretary and President.
11. The General Office shall be open from 9 a.m. to 5 p.m.
(one hour out of this time for dinner), except on Saturdays, when
the hours shall be from 9 a.m. to 12 noon; the General Secretary
arranging so that either he or one of his assistants shall be present
during these hours. The books and names of the members of
the Society shall be open to the inspection of any member or
person having an interest in the funds of the Society during office
hours.
RULE 16. ORGANISING DISTRICT DELEGATES.
1. The United Kingdom shall be divided into twelve districts,
in each of which an Organising District Delegate shall be located
in such town as may be decided upon by the Executive Council.
Such delegates shall be elected for three years, and be eligible for
re-election. They shall be paid 2 15s. per week, with travelling
expenses in addition, shall be allowed six days' holiday in each
year, and sick pay as per Rule 14, clause 2. Each District Dele-
gate shall be nominated and elected from and by one of the twelve
districts in which he has worked and resided for the twelve months
immediately preceding such nomination.
For the purpose of these rules, the election of Organising Dis-
trict Delegates shall take place in order that they may take up
their duties by the 1st of January, 19 .
2. Candidates for the office of Organising District Delegate
must have been for seven years members of the Society, and shall
not be 10s. in arrears. They shall be nominated not less than
twelve weeks, and elected not less than four weeks, before taking
office. In the event of death, resignation, or removal from office,
another election shall take place, the appointment then made being
for the unexpired term, but if the unexpired term is less than
twelve months, the election shall be for the uuexpired term, and
for the ensuing three years.
3. The Organisers shall be under the direction of the Executive
RULES OF A WORKMEN'S UNION. 1457
Council, to which body they shall immediately, or as early as
possible, report all their transactions, and the Executive Council
shall forward a copy of such report when required by the District
Committee concerned. They may be sent to any district where,
in the opinion of the Council, their services are required, to hold
meetings for organising- purposes, or to interview employers when
a District Committee may deem it necessary and expedient.
Delegates shall, when requested by any District Committee in
their division, conduct negotiations with employers in the districts Duties re
in which they are located, and promote the organisation of the employers,
trade in those districts. They shall report themselves to the ^ reporting
secretary of the District Committee on leaving and arriving in ab8ence -
the town in which they are located. Wherever practicable, they
must act in conjunction with the secretary or other member
appointed by the respective committee they arc for the time being
connected with, and shall not, under any circumstances, conclude
on their own authority any arrangement which will alter or affect
any of the recognised conditions of the District Committee within
the area in which they may be acting. They may act at the ^attendance
request of any District Committee, or attend, without payment, meeting*,
any district meeting when deemed necessary, but under no cir-
cumstances shall they enter into any negotiations in any district
without the consent of the committee of such district. It shall
also be their duty generally to look after the interests of the trade
and the increase of the membership of the Society.
Organising District Delegates shall attend all conferences in
a representative capacity as well as for consultative purposes.
4. Organising Delegates shall also supply to the General Office, Reports,
monthly, a return for insertion in the Monthly Report, showing
the state of trade, rates of wages, &c., with general information
relative to the district under their control. In the event of a
general movement, they shall be entitled to attend the meetings
of temporary committees which may be formed. They shall
devote the whole of their time to the duties of this office only,
excepting 1 as provided for in Rule 14, and must under no circum-
stances undertake any other duties. They shall initiate propa- Propagandist
gandist work in those districts which are under their jurisdiction, work-
and shall report all irregularities which may come under their
notice to the Executive Committee.
5. When an Organising Delegate is on business ten miles or Expenses
i >f delegates.
1458
TRADE UNIONS.
Report
of expenses.
Penalties
for neglect of
duty.
Local
delegate
provision.
upwards from his place of residence, he shall be paid the sum
of 2s. 6rf. per day as expenses, but when twenty miles from his
home lie shall receive 5s. per day, Sundays included, and third-
class return railway fare in addition. A detailed account of his
expenses shall be certified by the District Secretary, where the
expenses have been incurred prior to payment by his branch, and
submitted to the District Committee of the town in which he
resides for approval. He shall give a summary account of his
expenses for the Quarterly Report. He shall attend at District
Committee meetings when requested so to attend. If he does
not act in conformity with instructions laid down in this rule,
the Executive Council shall have power to fine him the sum of
20s. for the first offence, 40s. for the second, and remove him from
office for the third.
6. The District Committee or Committees in any district,
being of opinion that the services of a local delegate would further
the interests of our Society and the trade generally, shall request
the branches in their district to take a vote by ballot on the
question, also as to a levy in support of the same; the said levy
(South African and American branches excepted) shall not exceed
Id. per member weekly on the whole of the members in that dis-
trict. This delegate shall be under the control of the District
Committee, and shall be elected for three years under the same
conditions as are laid down in clause 2 of this rule.
The following shall be the districts for Organising District
Delegates:
jVo. 1 Division.
No. 2 Division, &c.
* * *
RULE 17. AMERICAN, CANADIAN, SOUTH AFRICAN, AND
AUSTRALASIAN COUNCILS.
Powers. 1. There shall be an American Council, Canadian Council,
Australasian Council, and South African Council, vested with
authoritative and administrative powers sufficient to enable them
to protect the interests of our trade and to advance the interests
of the Society on the American Continent, Australasia, and South
RULES OF A WORKMEN'S UNION. 1459
Africa. Their duties shall be as hereafter set forth, subject
generally to the rules of the Society and to the Executive Council.
2. The members of the Society in Australia shall be a section
of the Society under the jurisdiction of the Australasian Council,
which section shall consist of all the branches in Australia, and
be subject to the general and special rules of the Society.
3. They shall have power from time to time to adopt any rules
to enable the Australian section of the Society to comply with
the conditions prescribed by any Labour legislation enacted in
Australasia, and to repeal and alter any such rules or any exist-
ing rules for the purpose of complying with such conditions,
and any rules so adopted or altered shall be binding on the
members of the Society in Australasia.
4. The chairmen of the American, Canadian, South African, chairman,
and Australasian Councils shall be nominated by and from the
districts in which the meetings are held, but shall be elected by
the whole of the members forming the Councils, and their term
of office shall be for three years.
The secretary of the Australasian Council shall be nominated Secretary,
and elected by the votes of the Australasian members, and shall
receive a salary of 4 per week, and his term of office shall be
three years, and he shall be under the control of the Australasian
Council.
Councilmen shall be paid the sum of Is. 6d. for each meeting, payment
and if residing more than two miles from the place of meeting ofCouncil-
3 men.
they shall be paid the lowest return railway fare in addition as
per Rule 7.
They shall be elected for three years provisionally. An election
.shall take place every twelve months, three retiring the first year,
two retiring the second year, and two retiring the third year.
The Australasian Council shall be located in Melbourne, and Qualification
shall consist of seven full members of any Australasian branch men
or branches, and must reside within fifteen miles from place of
meeting.
5. The American, Australasian, and South African Councils Powers re
may consult their members whenever they deem it necessary on
the propriety of raising or replenishing a contingent fund, a
benevolent fund, or a fund for granting assistance to our own
and other trades, and, in the event of members granting such
funds, shall disburse the same for the branches within their juris-
14bO
TRADE UNIONS.
Re new
branches
Me reports,
cards, and
elections.
Constitution
of American -
Canadian
Council.
Powers re
printing.
/{ payments
of contribu-
tions.
diction, and the American, Australasian, and South African mem-
bers shall not be liable to pay any other levies for these special
funds. They shall estimate the amount realised by levy upon
the same principle as is adopted by the Executive Council. They
may open new branches, shall have power to issue a monthly
report and an abstract of the financial reports of their respective
branches, and shall purchase all stationery and books that may
be required for the purposes of the Society in those countries.
Copies of all their publications shall be forwarded to the General
Office of the Society. They shall also arrange to register travel-
ling cards, and regulate the nomination and election of delegates.
They shall have power to decide on disputed points as regards
the rules in all branches under their jurisdiction, and publish the
same, and may also authorise the registration, according to
Rule 34, of any of their members going to a State or territory
where there is no branch of the Society.
The amount raised in America, Australasia, and South Africa
by superannuation levy may be invested on mortgage of free-
hold properties submitted by our members and in the names of
the trustees of the American, Australasian, and South African
Councils, and under such regulations as may be passed by the same
Councils, subject to the approval of the Executive Council.
The trustees of American, Australasian, and South African
Councils shall act in and for their respective countries in the
same manner and with the same powers, subject to their respective
Councils, as the general trustees to the Executive Council, to
which latter body all transfers of money must be reported as soon
as possible.
6 . The American Council shall consist of seven members, resid-
ing and belonging to branches situated in the New York district
area, and shall be nominated and elected by the aggregate votes
of all the American branches, but no one branch shall be allowed at
any one time to have more than one representative on the Council.
They shall superintend the printing of rule books for the use of
American members, such books to be printed in the American
currency. They shall also have power to submit to the votes
of their members for decision, the question: "How many cents
shall constitute the standard of American payments? " In no
case shall this be more than fifty per cent, higher than in the
United Kingdom.
RULES OF A WORKMEN'S UNION. 1461
7. There shall be an organiser at the disposal of the American New York
Council. He shall devote the whole of his time to Society busi-
ness; he shall act as secretary of the American Council, and do
all the work connected with and for that body; he shall have
office room to accommodate the American Council and District New York
Committee meetings, and shall have an office boy to assist and
take care of office in his absence. He shall be elected by and from
the branches under the jurisdiction of the American Council for
a period of three years; his salary shall be twenty dollars per Salary
week, but when called ten miles and upwards from his office he of
shall receive one dollar fifty cents per day as expenses (railroad,
car, and ferry fares in addition). He shall be under the control American and
.1 * . SN .1 i . iii Canadian
of the American Council, and render a strict account to that body, organiser*.
Such portions of his report as are of interest to the Society
shall be published in the Monthly Report.
8. The Australasian Council shall have power to make rules Provision for
and regulations so that Australasian branches may take advan- in^uli^M^ 1
tage of any Labour legislation which may be enacted in the legislation.
Australasian Colonies. There shall be two organisers for Austral- Organising
asia, and they shall be nominated and elected under the rules
governing General Officers, at a salary of 3 15s. per week, Salary
with fares, as per Rule 7, and 3s. per day if over ten miles, and
6s. per day if over twenty miles from home. All communications
to the Executive Council from District Committees or branches
in Australasia shall be forwarded through the Australasian
Council.
The present method of the second ballot shall be changed in all Elections.
elections under the jurisdiction of the Australasian and South
African Councils (this is not to include elections covering the
whole of the Society) for the system of preferential voting as at
present in vogue in Western Australian Parliamentary elections,
with the exception of the compulsory clause.
9. Any of these Councilmen neglecting his duties, without Penalties for
giving a satisfactory reason, shall for the first offence be fined
2s. Qd.', for the second offence, 5s.; and for the third offence, the
Council shall have power to declare his seat vacant, a quorum
of the full Council being in favour of this course.
10. The South African Council shall be located at such place South
A f *
as the majority of South African members decide, and consist Council
of five members residing within thirty-five miles from the place Constitution.
1462
TRADE UNIONS.
Powers.
Secretary's
salary.
Canadian
Council.
Constitution.
Location.
Payment.
Chairman :
nomination
and election.
Secretary :
nomination
and election.
of meeting. They shall have power to make arrangements so that
South African branches may take advantage of any Labour legis-
lation which may be enacted in the South African Colonies. They
shall have power to submit to the votes of the South African
members the question of the appointment of an organiser for
South Africa at a salary of 25 per month.
The salary of the secretary of the South African Council shall
be 30 per annum. He shall be elected by the votes of the
South African members, and shall be elected for three years.
11. The Canadian Council shall consist of five members, four
of whom shall reside within and belong to the branches situated
within the province of Ontario, and one shall reside within and
belong- to any branch situated in the Montreal District.
The Canadian Council shall be located in Toronto, and shall
meet quarterly, and no quarterly meeting shall last more than
two days. The hours of meeting shall be from 9 a.m. to 1 p.m.,
and from 2 p.m. to 5 p.m.
The Councilmen shall be paid three dollars per day, and if
ten miles or more away from place of meeting they shall receive
the lowest rail fare and one dollar fifty cents per day as expenses.
The chairman shall be nominated by and from the members
of Ontario and elected by the whole of the members in Canada.
The secretary of the Canadian Council shall be nominated
by and from the members in Ontario, and elected by the whole
of the members in Canada, and shall be paid the same as Council-
men, and twenty dollars per annum in addition, and shall be
under the control of the Executive Council, and report to it all
business transacted, and he must issue a monthly report to the
General Office by the 1st of each month.
The Canadian Council shall be elected by the aggregate votes
of the Canadian branches for three years, the majority and
minority retiring alternately. Their duties shall be in accord-
ance with the rules governing other Councils, except as otherwise
provided in these rules. The Canadian Council shall have no
power as to the investment of the Superannuation Reserve Fund,
or the issuing of separate monthly reports or granting of travel-
ling cards. They shall have no power to decide points as regards
the rules, or authorise registration under llule 34 of any of their
members going to a State or country where there is no branch of
RULES OF A WORKMEN'S UNION. 1463
the Society, nor shall they have any power to take a vote of their
members as to the appointment of an organiser for Canada.
RULE 18. DELEGATE MEETING AND FINAL APPEAL COURT.
1. The Executive Council shall take a vote in 19 as to the Delegate
advisability of holding a delegate meeting in the following year, ^ n ^'
the result to be published in the May Monthly Report, and in beheld,
the event of that vote being adverse, the vote shall be taken every
year, until it has been decided that a meeting shall take place.
When so decided the Council shall then arrange for the members
to nominate and vote on places nominated, as to the place where
the meeting shall be held.
The delegate meeting shall consist of one delegate for every
three thousand members of the home branches and those abroad,
excepting that there shall be one each for Australasian and
American-Canadian members.
The total number of members of the home branches stated in
the June Quarterly Report issued before the delegate meeting
is held shall be taken as the basis.
Equal electoral divisions of the branches, as mentioned above,
shall bo arranged by the Council nine months before the meeting
is held.
2. All candidates for the delegate meeting or Final Appeal
Court shall be nominated at least ten weeks and elected at least
six weeks before the opening day of the above meetings. Such
nominations and elections shall take place at specially summoned
meetings for that purpose, and the voting shall be conducted as
laid down in Rule 2.
No member shall be eligible for the aforementioned positions Qualification*
who has not worked at the trade for the twelve months imme-
diately preceding the nomination. He must be a member of a
branch in the division which he seeks to represent, and he must
have been a full member for at least seven years.
Executive Councilmeu, Organising District Delegates, vacant
office bookkeepers, local organisers, or full time District Secre-
taries shall not be allowed to compete for the aforementioned
positions.
The candidates who obtain the largest number of votes among
the unsuccessful candidates shall be the provisional delegates,
1464
TRADE UNIONS.
Proposals for
alteration of
rale or rules :
how to
proceed.
Method of
dealing with
proposed
alteration of
rides.
Powers of
delegate
meeting.
Provision for
calling special
and any of them may be called upon to attend should the
successful candidate be unable to do so.
The delegates when assembled shall elect a chairman, who shall,
if practicable, be chosen from the members of the district where
the meeting takes place, and after the meeting has been duly
constituted every member shall remain at the meeting until the
business is concluded, unless a satisfactory reason be assigned for
his leaving.
3. If in the opinion of any member or members any alteration
of or addition to any rule or rules of the Society is necessary,
he or they may lay the proposed alterations before his or their
respective branch or branches. If in the opinion of the members
present the matter is of sufficient importance, a majority may
direct that a summoned meeting be called to consider the sugges-
tions, and at such summoned meeting a majority of those voting
may adopt or reject the suggestions.
4. If the suggestions are approved by a summoned branch
meeting, the secretary shall enter them in a book supplied by
the General Secretary for the purpose, and forward them to the
General Office in time to be printed not later than six mouths
prior to the delegate meeting. Any branch initiating an altera-
tion of the rules may take steps to secure for it the support of two
other branches, but no suggestion shall be considered by the dele-
gate meeting unless it has been approved by three branches. The
Executive Council shall then publish the suggestions having the
necessary support in the Monthly Report; and the Council, having
a right equal to three branches, may also at the same time put
forward suggestions for the consideration of the members and,
later on, the delegates.
5. The delegate meeting shall not have power to make, alter,
or rescind any rule unless notice of the proposed additions or
alterations has been given to the members of the branches. . . .
Whatever is agreed upon at the delegate meeting shall be binding
on all the members, but no delegate meeting or Council shall
have the power to abrogate any of the principles of the Society,
viz., Donation, Sick, Accident, Superannuation, or Funeral Bene-
fits, except where, thereafter, forty per cent, of the membership
vote in favour of the change.
6. On a requisition from thirty branches the Council shall
take a vote as to whether or not a delegate meeting shall be called
RULKS OF A WORKMEN'S UNION. 1465
to consider any specified question or questions affecting the delegate
interests of the Society or the earnings or conditions of employ- "
ment of the members, or in the event of legislation passed by Par-
liament having a direct effect on any of the benefits of this
Society, to consider and decide if and what alterations are required
to meet the same. Such meeting shall be called, however, only if
a majority of the members voting are in favour of the same, and if
fifteen per cent, of the members of the United Kingdom record
their votes. It shall consider only such question or questions as
were contained in the requisition, but its decisions thereon shall
be final and binding on the Executive Council. For the
purpose of promptly constituting such a delegate meeting, the
members of the meeting held last before the requisition shall form
it, or failing any one of them, the member who had received the
next largest number of votes in the contest for the position shall
be called upon to take his place. But in all matters appertaining
to home branches, only the United Kingdom delegates shall be
called on.
THE FINAL APPEAL COURT.
7. There shall be an Appeal Court consisting of delegates Final appeal
elected on a basis of one for every 6,000 members in the branches
of the United Kingdom and abroad, except that America and
'Australasia shall be represented alternately.
8. The first meeting shall be held on and from Whit-Monday, First
19 , at Newcastle, and shall consider all appeals which reach "i^^f i
the General Office at least four weeks before, and which are in court,
order according to Rule 14.
9. The Australasian members shall send a representative to Subsequent
the first Final Appeal Court meeting. Subsequent meetings shall e ^ UI 1 g8 ( i
be held every two years, the first to take place in 19 , except in court.
such year as a delegate meeting takes place. Such delegate meet-
ing shall form the Appeal Court for that year. The time and
place shall be decided upon by the Executive Council or delegate
meeting as the case may be.
10. The Society shall be divided into equal electoral divisions Electoral
by the Executive Council nine months before the Final Appeal
Court meeting, special provision being made so that branches court,
outside the United Kingdom may have time to record their votes.
When assembled the delegates shall elect a chairman either from
146(>
TRADE UNIONS.
Some dis-
qualifications
applying
to candidates.
Duties of
final appeal
court.
Report of
proceedings.
or apart from their own body, but, if possible, from the district.
Tho General or Assistant Secretary shall be in attendance to take
the minutas of the proceedings.
11. No member who is personally interested in any appeal
shall sit on the Final Appeal Court, and any member using
influence or asking candidates either to support or to reject any
appeal may be fined up to the amount of 20s., and any candidate
promising cither to support or to reject any appeal shall be
disqualified.
12. The duties of the Final Appeal Court shall be to consider
and decide all appeals against the rulings of the Executive
Council, and the decision then given shall be final, its duties
ending when it has decided the appeals, and it shall be incumbent
on the Executive Council to give immediate effect to the decisions
of the Final Appeal Court. The General Secretary and Presi-
dent must see that all appeals are printed and placed in the hands
of each delegate when the Final Appeal Court assembles.
13. The General Secretary shall issue within six weeks after
each meeting of the Final Appeal Court a report of the pro-
ceedings of such Court, and such report, as well as of the delegate
meeting, must be issued without comment and in numbers corre-
sponding to one for every twenty members.
RULE 19. PAYMENTS FOR SPECIAL DUTIES AND DELEGATIONS.
For special
audits.
For delegate
meeting.
1. Any member of the General Office secretarial staff deputed
on special audit work shall be paid if in the London district
at the London District Committee By-Law rates, namely, Qd.
per day, in addition to wage, if under one mile from the General
Office, and Is. if under twelve miles, with time and fares daily.
If more than twelve miles from the office special audits shall be
paid for according to the next following clause.
2. Any member attending the delegate meeting or otherwise
specially delegated shall be allowed 6s. per day as wages, and
when travelling to or from the place of meeting on a Sunday he
shall be paid his wages for that day. When any member so dele-
gated is earning more than 6s. per day at day work, lie shall be
entitled to the same rate of wages as he is then earning; but in
no case shall more than 10s. per day be paid as wages, except
in the case of delegates from districts where the ordinary rate
RULES OF A WORKMEN'S UNION. 1467
of wages is higher than that figure . All delegates shall be allowed
third-class fare, except such as have to travel by water, for which
the faro allowed shall be second-class. They shall receive 7.s.
per day as expenses, Sundays included, but if the place of business
is less than" ten miles from their place of 'residence they shall
be paid os. Qd. per day, Sundays excepted. The above expenses
shall not apply to delegates from a distance whose travelling fare
includes cost of living, who shall receive 3s. 6d. per day as
expenses whilst so travelling. Nor shall they apply to local dele-
gations of under ten miles, which shall be paid for at the rate of
3s. per day and travelling fares; nor to special auditing within
twelve miles from the General Office. Doorkeepers and mes-
sengers shall be paid the minimum rate of wages of the town
where the meeting may be held.
3. Any member, delegated on the Society's business, and losing For special
his situation in consequence thereof, shall be allowed the weekly
rate of wages he was receiving before his discharge, subject to
the approval of the Council, until he finds employment satis-
factory to thu members of his branch. He shall be paid the cost
of removing himself and family to where he obtains employ-
ment on production of railway and other receipts; such cost to
cover travelling and transport expenses only. Should he obtain
employment, and not succeed in keeping it for more than eight
weeks, he shall be entitled to his weekly wages; but in no case
shall any member receive this benefit for a period longer than
fifty-two weeks, after which he shall be entitled to donation
benefit only. He shall attend the vacant book, or be liable to
the same penalties as members in receipt of donation, and shall
pay his contribution while in receipt of this benefit.
RULE 20. ADMISSION OF FULL MEMBERS IN
CLASSES A, B, AND C.
1. The scale of entrances for full membership in Classes A, Scale forfull
B, and C:- membership.
s. d.
If not exceeding the age of 22 years 2 6
23 040
24 056
25 070
B. VOL. II. 39
1468
TRADE UNIONS.
Mode of
proposition.
Who can
propose.
Payment of
entrance lee.
s. d.
If not exceeding the age of 26 years 8 6
27 10 6
28 12 6
29 15
30 18
31 1 1
32 1 4
33 1 7
34 1 10
35 1 13
36 1 16
37 1 19
38 220
39 250
40 280
43 2 11
45 2 14
2. Candidates for admission under this rule shall be proposed,
seconded, and recommended by two members of the same depart-
ment of trade, where this is practicable, at a branch meeting, and
may be admitted at the next branch meeting. Proposition fees
may also be accepted at special open meetings of Society and.
non-society men, held with the approval of the Executive
Council. Candidates may be proposed and seconded by members
of any branch in any branch of the Society they may be desirous
of entering.
3. Candidates up to twenty-seven years of age must pay half
their entrance money on the night on which they are proposed,
together with 4d. for a copy of the rules, and the other half on
the night of admission; above twenty-seven years of age, 5s.
when proposed, with 4d. for a copy of the rules, and 5s. on the
night of admission; the remaining portion of the entrance money,
if any, must be paid within fourteen weeks of admission, except
in the case of a candidate falling out of work, when the branch
shall have power to grant an extension of time. Candidates
thirty-five years of age and upwards shall be allowed twenty
weeks to pay the entrance fee, and in default of such payment
shall cease to be members. Candidates for admission into
RULES OF A WORKMEN'S UNION. 1469
branches outside the United Kingdom, if approved of by the When
branch where they are proposed, may be admitted without wait-
ing for an answer, where such is necessary, from the home
branches; at the same time their admission shall only stand good
if the answer when received is favourable. Every candidate, on
being admitted, shall be furnished witb an entrance card, on
which shall be entered all sums paid as entrance money, the whole
of which must be paid before any sum is received as contribution ;
when the entrance money is paid he shall be supplied with a
contribution card.
4. Every person, before being admitted, shall express his con- Concurrence
currence with the rules furnished to him, and shall sign a form
of proposition, which shall, on application, be given to his pro-
poser by the secretary, containing all necessary particulars bear-
ing upon his fitness to become a member. Candidates from Certificates,
thirty-five years of age upwards must produce a certificate of
birth, or other satisfactory evidence of age, and where candidates
have been members before, reference shall also be made to the
books of the Society for previous admission for particulars as
to age. Any ex-member, up to thirty -five years of age, who
has been excluded for arrears may be re-admitted, Avith the con- Reinstate-
sent of the Executive Council, on agreeing to pay up all moneys n
owing to the date of re-admission. Such moneys must be paid
within twenty-six weeks, when the member will be restored to
his former position. But in all other respects the admission
must be treated in the ordinary way and the form duly filled in;
but no entrance fee shall be charged. These forms, together with
the certificate of birth, medical certificates, and all other docu-
ments relating to admission, shall be sent to the General Office
to facilitate the keeping of the registration books. As soon
as the entry is made, the (Certificate of birth shall be returned to
the member or rejected candidate. Rejected candidates shall have Rejected
the proposition and entrance money they have paid into the c
Society returned to them, and the proposition forms, with the
reasons stated for their rejection, must be forwarded to the
General Office.
5. Each candidate for admission under this rule must be Qualifica-
qualified for membership under the following conditions : He shall
have served five years at one or more of the trades mentioned ticeship.
in these rules, except in countries where a less number of years'
39 (2)
1470
TRADE UNIONS.
Re technical
school.
Re transfer.
Re age.
Re wages.
Re ability and
character.
Admission of
groups.
Admission of
apprentices.
Method of
proposition.
Proposer
failing to
attend.
apprenticeship is the established rule; or he shall have served
three years in the workshop in addition to at least four years
previously in the - - department of a technical school; or he
shall have been a full member of another society, and having-
paid up all arrears in that society, join this Society, within
six weeks afterwards, in which case he shall be entitled to imme-
diate benefits. In the latter event, however, the previous mem-
bership in the other society will not be reckoned as qualifying for
superannuation. He shall be at least nineteen, and not more
than forty years of age, except in the case of candidates who
have previously been members and excluded for arrears, who may
be admitted up to the age of forty-five. If he has been out of
his apprenticeship for two years he shall be in receipt of the rate
of wages ordinarily paid to the trade in the district, and if less
than two years out of his apprenticeship he shall be in receipt
of the wages laid down by the District Committee. He must be
of good ability as a workman, of steady habits, and of good
moral character. If an otherwise qualified candidate falls out
of work between the date of proposition and the date fixed for
entrance, such fact shall not prevent his admission. Members
of other societies can be admitted in groups of not less than five,
under the conditions set out in Rule 14. Any apprentice may join
as a full member within the last twelve months of his apprentice-
ship, provided he is at least nineteen and not more than twenty-
three years of age, and has already served four years' apprentice-
ship. Any such apprentice shall pay entrance fees in accordance
with this rule, and contributions in accordance with Rule 24, and
shall be exempt from paying any levies, except superannuation,
until he is out of his apprenticeship, but shall be in all other
respects under the same conditions as those joining the Society as
full members.
6. Members proposing and seconding any person to become a
member shall do so verbally (except in the case' of those pro-
vided for in clause 5), and attend on the night he is to be admitted
to give all necessary information regarding his character and
health. Failing to attend, unless a reasonable excuse can bo
given, the proposer shall be fined Is. Should the proposer and
seconder be absent on the night of admission, their statements
may be accepted in writing. If the person wishing to become
a member did not serve his time at any place where there is a
RULES OF A WORKMEN'S UNION.
branch, the secretary of the branch to which he applies shall
write to the nearest branch to where he served his time for Information
information, or he shall obtain a note from the employer, if prac- req uired.
ticable, stating the facts of such service. The branch written
to shall forward the necessary information as early as possible.
None shall be admitted unless they can produce satisfactory
evidence of their eligibility. Members knowingly proposing or Penalties for
seconding persons for admission contrary to these rules shall be f^eligibie
fined 1 . candidates.
7 . The candidate shall be in attendance on the night on which Attendance of
he is proposed, if he resides within five miles of the branch to
which he applies; should he reside more than five miles from
the branch, he will not be required to attend on the night on which
he is proposed, but shall do so on the night on which the question
of his admission is to be entertained, in which case he shall be
admitted into the room and certify to the correctness of the par-
ticulars contained in the proposition form, and shall then retire
until the question of his admission is decided upon. Every Majority
admission shall be decided upon by a majority of the members admission,
present. Should the candidate reside twenty or more miles away,
or in places outside the United Kingdom, then his proposition
form shall be read in his absence, if endorsed by two members
of the Society, and the candidate may be made a member in
his absence.
8. - going to sea may be admitted in their absence. Sea- Sea-going
going and candidates going abroad as outworkers may be
proposed and admitted on the same night, except those provided
for in clause 7 of this rule. In cases where the candidate expects
to sail before the next branch meeting night, he may be proposed
and admitted by the branch committee, subject to the approval
of the next branch meeting. Where the candidate has been in Admission
the Society before, his proposer and seconder shall give the neces- previously
sary notice to the secretary, who shall write and get every infor- members.
mation regarding his character previous to his re-admission. The
candidate shall in every case produce his indentures or other
satisfactory evidence as to the length of time he has worked at
the trade.
9. No person shall be admitted a member who is at the same Disqualifica
time a member of another trade society, except where such mem-
bership of another society is but honorary, and except in the
1472
TRADE UNIONS.
Deaf or dumb,
loss of limbs,
or fits.
Eyesight.
Certificate of
health.
Provision for
unfit.
Recovery
of sick.
Signing of
proposition
book.
case of associated trades formed for their general protection.
Any member entering any other kindred trade society shall be
excluded, and forfeit all he has paid into this Society, except
under special circumstances, where permission must be granted
by the Executive Council. No person shall be admitted a mem-
ber who is deaf or dumb, or who is ruptured, or has lost a limb,
or who is subject to fits, or who is through imperfect vision
obliged to wear glasses at his work, or who has lost more than
two whole fingers from one hand, .unless he can produce a medical
certificate to the effect that his failing is not detrimental to him
in his capacity as a workman. Persons who have lost one eye
may, if the remaining one is good, be admitted up to the age of
thirty years, but must produce a medical certificate in proof of
the soundness of the remaining eye. In all these cases the medical
certificates must be submitted to the Executive Council prior to
the admission of the candidates.
10. The candidate before being admitted shall, if the branch
deem it necessary, produce a certificate of health from such
surgeon as the branch may appoint, the expenses to be defrayed
by the Society. If it be certified that he is unfit to be a member
of the sick benefit, he may be admitted, and entitled to all the
benefits but that of sick, and shall pay into the Society such
sum less in contributions as the Executive Council may determine,
and when unable to follow his employment through sickness, he
sihall be exempt from payment of contributions altogether. The
same examination and condition shall apply to members of
societies not having a sick fund joining this Society, who
may be certified to possess a constitution unfitting them to be
members of a sick society. If at any subsequent period a mem-
ber, after medical examination, is declared to be of sound health
and fit to be a member of a sick society, he shall be admitted and
entitled to the sick benefit after having paid the full contribution
for a period of fifty- two weeks.
11. Any person becoming a member shall, on the night of his
admission, sign his name in the proposition book or legal bond
provided for that purpose, and be fifty-two weeks in the Society
before he is a free member, except in cases in which it majy be
otherwise provided. Any person agreed to be admitted shall
enter within fourteen weeks from such time, or forfeit what has
been paid, unless a satisfactory reason be assigned for failure to
RULES OF A WORKMEN'S UNION. 1473
enter; such cases shall be brought before a general branch
meeting.
12. Any member being single when admitted who subsequently Notification
1 . , . of marriage,
marries shall give notice to the secretary 01 his branch within
four weeks, or be fined 2s. 6d., and shall have no claim for funeral
money for his wife until he produces proof of his marriage.
13. Any member who has left the Society in preference to
paying fines inflicted or refunding benefits improperly received
shall pay the same, the Council having power to allow him a
reasonable time to do so after being re-admitted. If any person,
having been excluded, wishes to re-enter, but not in the branch Re-entry of
from which he was excluded, the secretary of the branch he money^or^
wishes to enter shall immediately, if his proposition be accepted, excluded,
write to the branch he was excluded from to ascertain why he
was excluded, and whether they have any objection to his re-
admission. Before he is re-admitted, particular inquiry shall District
be made if he ever defrauded the Society or any of its members Committee to
o r i 1-1 i consulted,
in relation to Society matters, or if he ever applied to any other
branch for admission, and, if so, what branch; or acted in any
way contrary to the Society's interests, and in the latter event,
the sanction of the local committee of the district in which the
offence was committed shall be obtained prior to admission. In
the event of such an offence being proved against him, he shall
make restitution to the parties he has injured before he can be
re-admitted. In all such cases the evidence shall be laid before Council's
the Council previous to admission or re-admission. If the inquiry sanction -
is neglected, and the person is allowed to enter or re-enter with-
out having given satisfaction he shall be excluded, and the amount
he has paid shall be forfeited. The president and secretary
shall be fined 2s. 6d. each for neglect of this inquiry.
14. Any person rejoining this Society shall occupy a position Position of
in all respects as if he had never been a member, except as
provided for in clause 4.
15. Any person detected of having knowingly entered without Penalties for
possessing the aforesaid qualifications, or otherwise under false U n^ D fal8e
pretences, shall, when discovered, be excluded, and the money he pretences,
has paid shall be forfeited.
1474
TRADE UNIONS.
Army and Navy Artificers.
16. Free members may retain their membership while serv-
ing as above, or candidates while in either of the services may
become members, under the following conditions:
(a) Payment of a fixed contribution of Is. per week, and
superannuation and accident levies; new members to pay entrance
fees according to this rule.
(b) Entitled to accident, qualifying for funeral benefit, and
time counted for superannuation, but not entitled to any other
benefit.
(c) Disentitled to benefit when owing 12s., and excluded when
arrears amount to 36s.
(d) No fines for arrears.
(e) New members will be entitled to benefits only after pay-
ment of the above contributions for twelve months.
(f) Members being transferred must give notice to the branch
secretary prior to entry under these provisions.
(g) On transfer from the conditions here laid down to ordinary
full membership, notice must be given to the branch secretary,
and full contributions be paid for three months before entitle-
ment to full benefits.
Members Leaving the Trade.
Members If a member leaves the trade and follows other employment
llot connected therewith, his conditions of membership may be
as follows:
(a) Contributions Is. per week and superannuation levies.
(b) Entitled to sick, superannuation, and funeral benefits, but
not to any other benefits.
(c) Disentitled to benefit when owing 12s., and excluded when
arrears amount to 36s.
(d) No fines for arrears.
(e) In case any such member transfers from such condition of
employment back to the trade, he, .on notice being given to
his branch secretary, shall, on payment of full contributions for
three months, be entitled to full benefits.
RULES OF A WORKMEN'S UNION. 1475
RULE 21. CLASS D. APPRENTICE SECTION.
1. Any apprentice who is working at any of the trades men- Qualifica-
tioned in Rule 1, and who is not less than sixteen, nor more
than twenty years of age, may be admitted as a probationary
member, provided he is of good moral character, has good health,
and is of average promise as a workman.
2. Any candidate may be proposed at an ordinary meeting Proposition,
by a full member of the Society, but may be seconded by an
apprentice who has joined the Society under this rule; the next
branch meeting shall accept or reject the proposal as may be
thought, fit. No admission fee shall be charged, but candidates Entrance fee.
for admission under this rule shall pay 2d. for a copy of the
rules on the night of proposition. He must become a member
within eight weeks of his proposition. He shall pay l^d. per Contribution.
week as contributions, and shall be exempt from all levies. Any
member neglecting to pay on the meeting night when he owes
Is. 6d. shall have no claim for benefit until he reduces his arrears Arrears.
below that amount and for two weeks thereafter, and should his
arrears amount to 3s. he shall be excluded.
3. Any member of this section who has been in the Society
at least twelve months, and who is not disentitled to benefit
according to the foregoing clause, shall be entitled to contingent Contingent,
benefit as specified in Rule 26, and legal assistance in the event
of the same being required, and State benefits if a State approved
member, and shall be exempt from payment of contributions in
the event of suspension for six days or more, provided that such Benefits.
suspension is caused through no fault of his own. On the death
of a member not disentitled to benefit, his nominee or next of Funeral
kin shall receive the sum of 5 as funeral allowance. benefit.
4. Any free probationary member being a , not disentitled Loss of tools.
by arrears of contributions, who shall lose his tools by fire or ,
water shall receive compensation to the amount of not exceeding
5, provided in such case that the member has taken reasonable
precautions for their safety, and his branch is satisfied that he
has done so.
5. Any apprentice who has attained the age of nineteen years, Transfer
and has been at least four years at the trade and twelve months to fu ^ , .
membership.
as a probationary member, may apply to his branch to become
a full member. He shall fill in the particulars comprised in the
1476
TRADE UNIONS.
Conditions
afterwards.
Failing to
transfer.
Rights re
office and
voting.
Qualification
of in branches
abroad.
entrance form for full members, and sign his name in the pro-
position book. The entrance form shall be forwarded to the
Executive Council in the same manner as is described in Rule 20.
If the branch is satisfied that he is eligible for full membership he
shall commence to pay contributions in accordance with the pro-
visions of Rule 24; when, provided that he has been a pro-
bationary member for two years prior to transfer, he shall be
entitled to half full benefits in the class transferred to for the
next fifty-two weeks, and at the end of fifty-two weeks shall be
considered a free member and entitled to full benefits of the class
transferred to. provided he is not 10s. in arrears. Any member
neglecting to apply for admission to full membership within
eight weeks from the termination of his apprenticeship and after
being notified by the secretary, shall be excluded from the Society r
unless he can assign a satisfactory reason for the omission to hia
branch.
6. Members admitted under this rule shall be allowed to
attend branch meetings, but shall have no power of voting except
in election of branch and general officers, or be themselves eligible
for office, except as doorkeeper or assistant secretary.
The following clauses only apply to branches outside the United
Kingdom :
7. Any apprentice who has worked two years at any of the
trades mentioned in Rule 1, and who is not less than seventeen
nor more than twenty-three years of age (to apply to apprentices
outside the United Kingdom), may be admitted as a probationary
member, provided he is of good moral character, has good health,
and is of average promise as a workman.
How pro-
posed.
8. Any candidate may be proposed at an ordinary meeting
by a full member of the Society, but may be seconded by an
apprentice who has already joined the Society under this rule;
the next branch meeting shall accept or reject the proposal as
Entrance fee. may be thought fit. One shilling shall be paid on the night of
proposition, together with 2d. for a copy of the rules, and Is. on
the night of admission. He must become a member within eight
weeks of the date of his proposition, or forfeit all moneys paid.
He shall pay 3d. per week as contributions, and shall be exempt
Arrears. from all levies. Any member neglecting to pay on the meeting
night when he owes 3s. shall have no claim for benefit until he
RULES OF A WORKMEN'S UNION. 1477
reduces his arrears below that amount and for two weeks there-
after, and should his arrears amount to 6s. he shall be excluded.
9. Any member of this section who shall have been in the
Society at least twelve months, and who is not disentitled to
benefit according to the foregoing clause, being prevented from
following his employment through sickness or accident, shall be Benefits,
entitled to the sum of 5s. per week for twenty-six weeks, and
thereafter 2s. 6d. per week for fifty-two weeks, when the benefit
shall cease. Any member unable to work through sickness must,
if claiming sick pay, inform his secretary in writing within two Claiming
days; failing to do so, his claim shall only hold good from the
day preceding the actual giving of notice. He shall be entitled Contingent,
to one-half contingent benefit, as specified in Rule 26, and
exempted from payment of contributions in the event of suspen-
sion for six days or more, provided that such suspension is caused
through no fault of his own. On the death of a member not Funeral
disentitled to benefit, his nominee or next of kin shall receive
the sum of 5 as funeral allowance.
10. Any free probationary member being a - , not dis- Loss of tools,
entitled by arrears of contributions, who shall lose his tools by;
fire or water shall receive compensation to the amount of not
exceeding 5, provided in such case that the member has taken
reasonable precautions for their safety, and his branch is satis-
fied that he has done so.
11. Any apprentice who has attained the age of nineteen years j
and has been at least four years at the trade and twelve months
as a probationary member, may apply to his branch to become
a full member. He shall fill in the particulars comprised in the Transfer
entrance form for full members, and sign his name in the pro- membership
position book. The entrance form shall be forwarded to the
Executive Council in the same manner as is described in Rule 20.
If the branch is satisfied that he is eligible for full membership
he shall commence to pay contributions, in accordance with the
provisions of Rule 24. He shall not be considered a free member
until the expiration of twenty-six weeks from the date when the
branch decided to admit him to full membership, but he shall be
entitled to receive benefit according to this rule during such Benefits,
period, provided he is not 10s. in arrears; and if he has been a
probationary member for two years prior to transfer, he shall be
entitled to half full benefits for the first twenty-six weeks there-
1478
TRADE UNIONS.
Failing to
transfer.
Rights re
offi<-e and
Toting.
after. Any member neglecting to apply for admission to full
membership within eight weeks from the termination of his
apprenticeship, and after being notified by the secretary, shall
be excluded from the Society, unless he can assign a satisfactory
reason for the omission to his branch.
12. Members admitted under this section shall be allowed to
attend branch meetings, but shall have no power of voting except
in election of branch and general officers, or be themselves eligible
for office, except as doorkeeper or assistant secretary.
Qualifica-
tions.
Benefits.
Transfer.
Entrance
fee when
proposed.
Contribu-
tions.
Entrance fee.
RULE 22. CLASS E. TRADE PROTECTION MEMBERS AND
MACHINE WORKERS.
1 . Persons over the age of twenty-one years, following any of
the branches of trade mentioned in Rule 1, clause 2, may be
admitted members of this section provided they have worked at
least five years at any of the branches of trade mentioned in
Rule 1, clause 2, and are not eligible to join as full members under
Rule 20, and also persons who have been machine workers for
two years, provided that they have been working under conditions
sanctioned by the District Committee. Members of this section
shall be entitled to benefit in times of trade disputes, to unem-
ployment benefit, and to funeral benefit. The mode of proposition
shall be governed by Rule 20. Members of the former machinist
section may transfer to this class, and shall be subject to con-
ditions of this class from the date of transfer.
2. Candidates shall pay 2s. Qd. on the night of proposition,
together with 4d. for a copy of rules, 2s. 6d. on the night of
admission, and the balance of the entrance fee within four weeks
of the date of admission. They shall pay a contribution of
Qd. per week, and shall be in the Society twelve months before
being entitled to the benefits hereinafter set forth.
Candidates for this class shall pay entrance fees on following
scale:
s. d.
21 and not exceeding 30 years of age 5
30 35 7 6
35 years of age and over 10
3. In the event of any member of this section leaving his
situation by order of the District Committee or Executive
RULES OF A WORKMEN'S UNION. 1479
Council, or being locked out for refusing conditions which are
considered unsatisfactory by those bodies, he shall be entitled to
dispute benefit at the rate of 10s. per week for fourteen weeks,. Dispute
thereafter 7s. for fourteen weeks, and thereafter 5s. for twenty- }>enefii
four weeks, when this benefit shall terminate.
Unemployment benefit shall be paid at the rate of 4s. per Unemploy-
week for fourteen weeks under conditions laid down in Rule 25, ment benefit.
if a member is entitled to State benefit. Non-free members will
be treated the same as non-free members in clause 10, Rule 25.
No member will be entitled to benefit whose arrears exceed 5s. Arrears.
4. Upon the death of any free member, having joined before Funeral
the age of fifty-five, his nominee or next of kin shall be entitled allowance -
to receive the sum of 5, provided the said member's arrears of
contributions do not exceed the sum of 8s., but for any member
joining after the age of fifty-five years, 2 10s., as funeral benefit,
only shall be paid.
5. Members in this section shall participate in contingent,
emergency, benevolent, and legal assistance funds, and shall pay Levies.
all levies imposed for those purposes.
6. When unable to follow their employment through sickness Exemptions
they shall be exempt from payment of contributions upon pro- '
duction of satisfactory evidence to their branch, but shall comply
with the rules governing all other sick members, and, in the event
of losing or leaving situations under circumstances satisfactory
to the branch, shall also be exempt from contributions if unem-
ployed for six or more days, provided they sign the vacant book
as directed by the branch.
7. They shall not be eligible for any office in the Society, Rights re
except the offices of assistant secretary, vice-president, and door-
keeper; but they shall have power of voting in all elections for
branch or general officers, and upon contingent, emergency, bene-
volent, and legal assistance fund levies.
8. They must reduce their arrears below 5s. on the last meet- Fines for
ing night in June and December (in Australasia, March and arrears -
September), or be fined 6d. for each neglect. They shall be
entitled to a notice when their arrears exceed 7s. 6d., and should
their arrears exceed 13s. they shall be excluded.
9. In all particulars not specifically dealt with in one or other
of the clauses of this rule, memjbers of this section are subject to
and must conform with the rules of the Society, and all fines
1480
TRADE UNIONS.
Transfer
to full
membership.
Admission
in New
Zealand.
imposed for neglect of duty, &c. shall be imposed upon members
of this section to the same amount as in the case of other members
for similar offences.
10. Any member of this class who has worked five years at
the trade, and is in receipt of the rate of wages fixed by the
District Committee for full members, may, if branch is satisfied
with the answers given on the schedule, be transferred to full
membership in either Class A, B, or C. He shall pay, as transfer
fee, the difference between the entrance fee paid on admission and
the entrance fee for his age at the date of transfer. (No transfers
to be made after forty-five years of age.) He shall then pay full
contributions and levies according to scale in the class trans-
ferred to, and shall, after twelve months, be entitled to full
benefits of that class, except in regard to superannuation, when
the qualifying time shall be computed from the date of transfer.
Contributions of State approved members of this section shall
be paid by the Society whilst the member is unemployed to
enable him to continue entitled to State sick and disablement
benefit on payment of a levy of Qd. per quarter.
11. Notwithstanding the foregoing clauses competent trades-
men may, for the purpose of the New Zealand industrial legis-
lation, be admitted in that country at any age from twenty-one
years upwards. They shall pay an entrance fee of 5s., and sub-
scriptions of 4d. per week. They shall have the same right of
admittance to all meetings as other members, and to vote at
elections of officers. They shall participate in contingent, bene-
volent, and legal assistance funds. Members of this section shall
have status in New Zealand only, but shall have the option of
joining as full members up to the age of forty-five years under
the rules.
Qualifica-
tions.
RULE 23. CLASS F. HELPERS AND ASSISTANTS.
1 . Any worker engaged in the industry who is not eligible
to join any of the foregoing classes may be admitted members
of this section, and shall be under the control of the District
Committee. Members of this section shall be entitled to benefit
in times of trade dispute and to unemployment and funeral benefit.
Any members may propose and second candidates for admission
under this rule.
RULES OF A WORKMEN'S UNION.. 1481
2. Candidates shall pay an entrance fee of Is. They shall pay Entrance fee.
4Jd. on the night of proposition (together with 4d. for a copy of
the rules), and 6d. on the night of admission. They shall pay a Contribu-
contribution of 4d. per week, and shall be in the Society twelve taon8<
months before being entitled to benefits hereinafter set forth.
3. Any member of this section leaving his situation by order
of the District Committee or Executive Council, or being locked
out for refusing conditions which are considered unsatisfactory
by those bodies, shall be entitled to dispute benefit at the rate of Dispute
7s. per week for fourteen weeks, thereafter 5s. per week for four-
teen weeks, and thereafter 4s. per week for twenty -four weeks.
Payments shall cease when the dispute is officially closed.
Unemployment benefit shall be paid at the rate of 2s. Qd. per Unemploy-
week for fourteen weeks under the conditions laid down in ment b 6116 ^-
Rule 25, if the member is entitled to State benefit. No member
will be entitled to benefit whose arrears exceed 3s. Arrears.
4. Upon the death of any free member, having joined before Funeral
the age of fifty-five, his nominee or next of kin shall be entitled
to receive the sum of 5, provided the said member's arrears of
contributions do not exceed the sum of 5s., but for any member
joining after the age of fifty-five years, 2 10s., as funeral benefit,
only shall be paid.
5. Members of this section shall participate in contingent and Levies,
legal assistance funds, and shall pay all levies imposed for these
purposes.
6. When unable to follow their employment through sickness Exemptions,
they shall be exempt from payment of contributions upon pro-
duction of satisfactory evidence to their branch, but shall comply
with the rules governing all other sick members, and, in the event
of losing or leaving situations under circumstances satisfactory
to the branch, shall also be exempt from contributions if unem-
ployed for six or more days, provided they sign the vacant book
.as directed by the branch.
7. They shall not be eligible for any office in the Society, except Rights re
the offices of assistant secretary, vice-president, and doorkeeper;
but they shall have the right of voting in all elections for branch
or general officers, and upon contingent and legal assistance fund
levies.
8. They must reduce their arrears below 3s. on the last meet- Fines for
ing night in June and December (in Australasia, March and arrears -
1482
TRADE UNIONS.
Notice of
arrears.
Exemption
levy.
September), or be fined 6^. for each neglect. They shall be
entitled to a notice when their arrears exceed 6s., and should
their arrears exceed 9s. they shall be excluded.
9. In all particulars not specifically dealt with in one or other
of the clauses of this rule, members of this section are subject to
and must conform with the rules of the Society, and all fines
imposed for neglect of duty, &c. shall be imposed upon members
of this section to the same amount as in the case of other members
for similar offences.
10. Contributions of State approved members of this section
shall be paid by the Society whilst they are unemployed, to enable
them to continue entitled to State sick and disablement benefit
on payment of a levy of 6d. per quarter.
Rate of con-
tributions.
When
increased.
Subject to
vote.
Arrears
disentitling
to benefit.
Moneys paid
in advance.
Non-free
members
and arrears.
Unemployed
RULE 24. CONTRIBUTIONS AND ARREARS.
1. There shall be three classes, A, B, C, known as full members,
and they shall pay a weekly contribution of Is. Qd., Is. 3d., and
1,9. respectively; but, when the General Fund is reduced to 4
per member, the contributions shall be increased by such sum
per week as will sustain the funds at not less than that amount.
At any time when five per cent, or less of our members are unem-
ployed, the Executive Council shall take the votes of the members
as to the desirability of increasing the reserve fund by extra
contributions, and such extra contributions shall not continue
in force longer than twelve weeks without a second vote of the
members being taken.
2. Any member who neglects to pay on the branch meeting
night when he owes 10s. contributions shall forfeit all claim to
donation, sick, and superannuation benefits, until he reduces his
arrears below that amount, and keeps them below for four weeks
thereafter; and the representatives of any member shall, be
entitled to any moneys which the said member had paid in
advance at the time of death, plus the ordinary funeral benefit.
Any non-free member under thirty-five years of age, who allows
his arrears to exceed 40s., or over thirty-five years of age, to
exceed 50s., shall be excluded, but all non-free members must
reduce their arrears below 10#. one month before becoming free,
or be subject to the same conditions as free members. Should
any non-free member be thrown out of employment under cir-
RULES OF A WORKMEN'S UNION. 1483
cumstances satisfactory to his branch, and be unable to pay his non-free
contributions, they shall remain in abeyance until he again
obtains employment, branches to have a discretionary power to
grant an extension for the payment of arrears accrued; but in no
case shall he receive benefit until he has paid fifty-two weeks'
contributions, unless he is withdrawn from his employment, or
is involved in a strike or lock-out, and he must then pay contribu-
tions and levies.
3. All contributions owing by members after the books are when arrears
closed on ordinary meeting nights shall bo considered arrears, count -
and as herein specified will render members liable to penalties
under certain conditions. In case of claims for benefits, con-
tributions accruing from members between ordinary branch
meeting nights shall not be deemed arrears, but simply moneys
owing, and, together with arrears, if any, shall be deducted from
the first benefits they are entitled to.
4. Free members in receipt of benefit shall be exempt from Exemptions
payment of contributions in proportion to the number of days f 1 "?" 1 /.' 011 "
tnbutions re
they may be in receipt of the same. Members systematically short time,
earning wages for half the weekly hours of the district (through
slackness of work or systematic short time), or memb,ers who
may be suspended for holidays and who do not claim donation
benefit, shall be exempt from contributions, provided they inform
the secretary in less than two days from the close of each week
in which exemption is claimed. Members giving up their situa-
tions to seek employment in British Colonies or other countries
shall not be exempt from contributions, but members on travelling Travelling,
card going to or returning from employment to or from the
British Colonies or other countries shall be exempt from pay-
ment of contributions during the time of the voyage. Any mem-
ber having received the full amount of donation benefit to which
he is entitled, and whose benefit has terminated, shall be exempt Benefits
from paying contributions and levies until he again obtains
employment of any kind. But he must sign the vacant book, as
directed by the branch to which he belongs.
5. All levies must be entered on the contribution card as soon Levies when
after such levies are made as is practicable, but they shall not char # ed -
be charged until the end of the quarter during which they are
imposed, and shall then be charged in proportion to the number
of weeks members paying them have been paying contributions
B. VOL. ii. 40
TRADE UNIONS.
Apprentices
and levies.
When levies
count.
Members'
contributions
who have
obtained
benefit
improperly.
Refunding
benefit.
Contribution
card, pay-
ment for.
during the quarter. Non-free members during apprenticeship
shall be free from all levies except superannuation reserve levy.
Levies must be considered arrears of contribution, but shall not
exclude a member or disentitle him to benefits until the close of
the books on the following meeting night. But should any secre-
tary or auditor neglect to add any levies to a member's arrears
at the end of the quarter, such omissions shall not afterwards,
by special audit or otherwise, disentitle him to benefit.
6. If any member has improperly received any benefit, the
amount thereof shall, if not paid within fourteen weeks from the
date of receiving notice from the secretary of his branch, be
placed to his arrears of contributions; but if the amount to be
refunded exceeds 3 10s. the branch may grant an extension of
time to enable the member to repay the same. Any member
having to refund money through coming too soon on either dona-
tion, sick, or superannuation benefit, shall only be called upon to
refund in respect of the actual number of weeks' or days' benefit
which he ought, according to the rules, to have remained out of
benefit, and shall pay contributions only for such period;
the amount of such benefit shall not prejudice his claim to benefits
he may have afterwards received; but any member being placed
on benefit who through arrears of contributions is disentitled to
the same, and has not reduced his arrears below 10s., shall refund
the whole of the benefit received by him. This must be refunded
within fourteen weeks after he has received notice to refund,
and shall not be considered arrears of contributions until the
termination of that period; but should the member who has
moneys to refund declare on benefit at any time during the four-
teen weeks, he must clear off, from his own means, the full amount
of what he was called upon to refund, before he is entitled to
benefit. Any member having benefits to refund which he
has improperly received shall only be called upon to refund such
benefit with contributions, fines, and levies for the period in ques-
tion, and any subsequent claim for benefit shall be considered
and decided apart from any benefit he may have improperly
received.
7. Every member shall be supplied annually with a card (for
which he shall be charged Id., payable on the first quarter) on
which shall be entered his contributions and arrears; any member
losing or defacing his card shall be supplied with another, for
RULES OF A WORKMEN'S UNION. 1485
which he shall pay Id. A member's card shall stand as a state-
ment of his financial position, but the member shall be held
responsible for its regular presentation. In any case where mem-
bers' cards are not produced, the Society's books shall be decisive
in case of dispute. For the yearly report the members (except Yearly report,
those on superannuation and those on the lowest scale of sick
benefit) shall be charged 6d.; the same shall be placed against
them as arrears of contributions at the end of the September
quarter.
8. All members owing 15s. or upwards as arrears of contribu- Arrears,
tions shall be notified by the secretary (by circular), such mem-
bers to defray the cost of postage; their names shall also be read
and posted in the branch every meeting night by the president.
This shall be sufficient notice to all intents and purposes. Mem-
bers shall not be again notified unless their arrears have been
reduced below 10s. Members allowing their arrears to exceed Penalties and
26s. after having had notice as above mentioned shall be excluded, arrears.
Any member having been excluded for arrears may, if he gives
notice to the secretary of his intention to do so, appeal to the
committee of his branch within eight weeks after being notified
of the same, to ascertain if his exclusion is in accordance with
the 'rules. All free members must reduce their arrears below Arrears.
10s. on the last meeting night in June and December (in Austral-
asia in March and September), or be fined Is. for each neglect,
seagoing and registered members and outworkers going abroad
excepted.
Any registered seagoing member who has been away from any
port in the United Kingdom for not less than three months who
reduces his arrears below 10s. on the first branch meeting shall
after his arrival in any port in the United Kingdom be entitled
to immediate donation benefit upon establishing his claim to his
branch as provided in these rules.
RULE 25. DONATION BENEFIT.
1. Should any member be discharged or leave his employment When
under circumstances satisfactory to the branch to which he belongs, ei
-and not be disentitled to benefit in accordance with Rule 24, or
a non-free member (who has paid the whole of his entrance
money) be withdrawn from his situation by a branch, District
40 (2)
1480
TRADE UNIONS.
To what
entitled.
Length of
membership.
Committee, or Executive Council, and continue out and sign the-
vacant book for three consecutive days, he shall be entitled to-
benefit as follows:
Class A.
A member with ten years' membership will be entitled to four-
teen weeks' donation benefit at 10s. per week, and thereafter
thirty weeks at 7s. per week, and thereafter 6s. per week as long
as he is out of employment, but in no case shall he receive more-
than 19 18s. in any period of fifty-two weeks. Members under
ten years' membership and over five years' will be entitled to 10s.
per week for fourteen weeks, thereafter 7s. for thirty weeks, and
thereafter 6s. per week for thirty-four weeks, but in no case-
will a member of less than ten years' membership receive more
than seventy-eight weeks in succession, unless withdrawn by the
Executive Council, District Committee, or branch. Members
with less than five years' membership will be entitled to 10s. per-
Aveek for fourteen weeks, thereafter 7s. for fourteen weeks, and
thereafter 6s. per week for twenty-four weeks, when the benefit
shall terminate, unless the member is withdrawn by the Executive
Council, District Committee, or branch.
To what
entitled.
Length of
membership.
Class B.
A member with ten years' membership in this class will be-
entitled to fourteen weeks at 10s. per week, and thereafter thirty-
eight weeks at 5s. per week. A member with less than ten years'
membership and more than five years' will be entitled to fourteen
weeks at 10s. per week, and thereafter twenty-six weeks at 5s.
per week. A member with less than five years' membership will
be entitled to fourteen weeks at 10s. per week, and thereafter
fourteen weeks at 5s. per week. In each case in this class the
benefits then terminate unless the member is withdrawn by the
Executive Council, District Committee, or branch.
To what
entitled.
Class C.
Members in this class will be entitled to ten weeks at 10s. per-
week, thereafter twelve weeks at 5s., and thereafter fourteen weeks
at 2s. 6d. per week, when this benefit will terminate, unless the
RULES OF A WORKMEN'S UNION. 1487
member is withdrawn by the Executive Council, District Com-
mittee, or branch.
2. Any member who has made forty -eight hours (overtime Hours
included) in any week between Friday and Friday shall not be worked per
entitled to donation benefit between those days, and any member
claiming- donation shall be compelled to state to the branch the
number of hours he has worked (including overtime) in the week
for which he claims donation, and, failing to give a correct state-
ment, he shall be fined 5s. Any member commencing to Avork on Penalty,
a night shift shall be entitled to benefit for the day preceding Night shifts,
the night on which he may start work, provided he has signed
the vacant book, but shall not be entitled to receive for the day
on the morning of which he may cease work. In the case of young
free members being withdrawn from their situations through not
receiving the rate of wages laid down by their branch or District
Committee, they shall be entitled to donation benefit. If a mem- Outworker'
ber who has been working in a district other than that in which
the branch of which he is a member is situated, claims benefit, he
must produce a note to his branch secretary from the secretary of
the nearest branch to where he has been working, bearing out the
statements of such member, before such benefit can be paid.
3. The amount of benefit to which a member is entitled on Benefits,
claiming and sustaining claim to donation shall be determined as
follows: If he has had no benefit during the twelve months before,
he shall be entitled to full terms of benefit as laid down in
clause 1 of this rule, according to length of membership. If,
during the twelve months before, he has received full benefit of
10$. per week for any period short of fourteen weeks, or in Class C
ten weeks, he shall be entitled only to a continuation of such
benefit for a further period which will make up fourteen weeks
in Classes A and B, or ten weeks in Class C. If, during the
twelve months prior to claiming benefit, he has already had four-
teen weeks' full benefit in Classes A and B, or ten weeks in
Class C, he will not bo entitled to any further full benefit, but
to short benefit only. If, during the previous twelve months he
has had fourteen weeks' full and part of short benefit, or in
Class C ten weeks' full and part of short benefit, he shall be
entitled to receive short benefit for a further period which will
make up the number of weeks as laid down in clause 1, to which,
according to length of membership, he is entitled to such short
TRADE UNIONS.
Suspensions.
Annual
holidays.
Disqualifi-
cations.
benefit. Any member having received the full term of fourteen
weeks' full donation benefit in Class A or B, or ten weeks in
Class C, shall not again be entitled to full donation benefit until
he has worked for eight successive weeks at the trade at the
ordinary rate of wages of the shop or district in which he is
employed.
4. Any free member not disentitled in accordance with Rule 24,
who has not worked during the week more than a number of hours
(including overtime) equal to half the working hours of a full
week, being suspended for not less than three days for stocktaking,
breakdowns, or slackness of work, and having signed the vacant
book in accordance with the rules, or without signing it if he has
contagious or infectious sickness in his family, shall be entitled
to donation benefit.
5 . Members being suspended for holidays for a number of days
in excess of ten in any one year shall be paid donation benefit for
such days, provided they sign their own branch or district vacant
book according to the rules, if such district or branch vacant book
is open to them. The ten days in question shall be apportioned
by the District Committee, and the members may be paid for the
days of any holiday period in excess of the number allotted by
the Committee for such period, but no member shall be entitled
to less than three days' benefit at any one holiday period. Such
three days may be consecutive or days immediately preceding and
following a holiday. Immediately upon these rules coming into
operation the District Committees shall clearly allocate the holi-
days over the year. Any suspended member having signed th&
vacant book for twelve consecutive days prior to a holiday shall
be treated as discharged, and paid accordingly.
No member shall be entitled under this clause who has worked
systematic overtime in each of the four weeks immediately pre-
ceding holiday suspension.
6. Any member losing his employment through neglect of
work, drunkenness, or disorderly conduct, shall not be entitled to
donation until he has again been in employment at the trade
for eight consecutive weeks at the ordinary rate of wages of the
shop or district he may be working in, and any member leaving
one job to go to another under circumstances not satisfactory to
his branch, and not keeping it for six successive weeks, shall not
RULES OF A WORKMEN 8 UNION.
1489
be entitled to donation until he again obtains employment and
works for four successive weeks at the trade.
7. To prevent, as far as possible, any member from obtaining
donation improperly, the applicant must state to the secretary,
in writing, the cause of his leaving his employment within
twenty-four hours, and attend the branch meeting next follow-
ing to make his claim. Should he not claim within four weeks
from leaving work, he shall refund the donation paid him and
be disentitled to benefit until he again works at his trade. If
unable to attend through unavoidable circumstances, he shall make
the claim in writing, unless at the time of his discharge he was
on sick benefit, and then must claim donation benefit immediately
on his recovery. If any non-free full member who is on donation
or contingent benefit obtains employment, but loses the same
within four weeks under circumstances satisfactory to his branch,
he shall still be entitled to the benefit of which he was previously
in receipt. If a member leaves his employment for the purpose
of passing a Board of Trade examination for a certificate, he Board of
shall be entitled to donation at the conclusion of such examina- exaltation
tion, provided that he claims benefit within four weeks after leav-
ing his employment.
[Seagoing engineers upon leaving the ship to prepare for Exemptions,
passing the Board of Trade examination will be exempt from
payment of contributions and levies for six weeks from the time
of leaving the ship, but they must notify their branch secretary.
On receipt of notice in writing in accordance with this rule,
the branch secretary may pay donation benefit which may be-
due to any member of his branch if he is satisfied with the claim
pending the member establishing his right to donation benefit
before his branch.]
8. If any member by reason of private objections refuses work Forfeiture of
when it is offered to him, or neglects to apply when informed of donatlon -
a vacancy, he shall forfeit his donation until he again obtains
employment at his own trade and receives the ordinary rate of
wages for four successive weeks, unless he can show sufficient
reason for the refusal or neglect to the branch committee, or a
majority of the members present on the next branch meeting
night. If he is found in any way to be imposing on the
Society he shall forfeit his donation and suffer such punishment
as the branch or branch committee ma}* consider his case deserves.
1490
TRADE UNIONS.
Giving
preference to
non- member.
Member
wishing to
travel.
Compelling
to travel.
Conditions
of travel.
Traveller
signing.
Bed cards.
Any member who is in receipt of benefit, and gives preference
to, or asks for a situation for, a person not belonging to tho
Society, shall be suspended from benefit for six months. If any
member gets a situation, or uses his influence in getting one, for
any person not belonging to the Society, without the consent of
the secretary and president, he shall be fined not less than 20s.
9. Any member in receipt of donation wishing to travel, shall
make application for a travelling card to the president or secre-
tary, and such card shall then be filled up in strict accordance with
the existing rules for that purpose. Branch committees, with
the .approval of their branch, shall have power to compel members
under fifty years of age on donation to use travelling cards, and
any member so compelled who fails to obtain employment in the
district within four weeks, must proceed elsewhere in search of
the same. The card shall contain the member's name, the amount
he has received as benefit, and the department of trade to which
he belongs, and must be sent to the General Office to be regis-
tered before being issued to the member. He shall call upon the
secretary of one of the branches at least once in two days, or,
failing to assign a satisfactory reason for neglecting this, shall
be disentitled to benefit for that time. Failing to obtain a situa-
tion within three months, he may deliver his travelling card or
certificate to the nearest branch secretary and sign the vacant book.
When any member who has been on travel six months arrives at
any branch, his case shall be investigated by the branch committee,
and the result of committee's finding entered on the card. The
secretary of the branch at which any member arrives when on
travel shall direct him to the place he considers most likely to give
employment.
10. Any member with a travelling card who stops in a town
where there is a branch more than one day, must sign the vacant
book, according to clause 2 of Rule 12, and give up his travelling
card to the secretary during such stay. Any non-free full mem-
ber who has paid the whole of his entrance money, and is not 10s.
in arrears, shall be allowed 8d. for a bed when on travel and in a
town where there is a branch, and, in towns where there are two
or more branches, payment for a bed for six nights. Each non-
free member shall produce a certificate showing the time when
it was granted, also the amount he may have received for beds
at all branches he may have called at; the secretary of each branch.
RULES OF A WORKMEN'S UNION.
must enter on such certificate the amount he has paid to the Certificates,
member in each case. Members who are disentitled to benefit,
desiring to travel, shall have a special travelling card as proof of
membership, with provision made for payment of contributions
into any branch. To prevent imposition the date and amount
of subscriptions received by members on travel shall be entered
on their cards or certificates.
11. When any member on travel obtains employment, he shall Notifying
within three days deliver his travelling card or certificate to the
secretary of the branch nearest to the place of such employment,
and pay his contributions into that branch; if he neglects to
deliver up his card or certificate within three days he shall be
fined 6d. for each day exceeding that time. When the secretary Return card,
receives the travelling card, he shall forward the same to the
Oeneral Office, and in American, Canadian, and Colonial branches,
to their respective Councils, within seven days, but if within
that period the member again falls out of employment, the secre-
tary may at his discretion re-issue the travelling card again to
the member. Should it be proved that a member in receipt of
donation, or on travel, does not exert himself to obtain employ-
ment, he shall forfeit the benefit.
12. A discretionary power shall be vested in the officers of Powers of
each branch to detain a member on travel for a short time for travellers,
investigation of his case by the branch committee, or if they
see a prospect of obtaining employment for him, subject to the
same conditions as a member in receipt of donation; but no mem-
ber on travel shall remain in a town where a dispute is pending.
Wherever a branch holds its< meetings, it is the duty of the branch
officers where practicable to see that there is sleeping accommoda-
tion at a reasonable cost for members on travel.
13. Any member leaving or being discharged from his employ-
ment must notify his branch secretary within twenty-four hours
in accordance with the following form:
To the Secretary of the Branch.
The - - day of , 19.
Sir, This is to inform you that I [left or was discharged from] Notice.
149*
TRADE UNIONS.
the employment of [firm's name] on the
account [state reason].
Name .
Address
No. of Card
- day of
(Signed)
on:
Members must state whether they left or were discharged in the first
space, and the reason therefor in the space after " account."
Amount.
or
prces
advance.
Wage or
price reduc-
tion.
Extension
of hours.
Piece or
task-work.
Encroach-
ments.
RULE 26. CONTINGENT BENEFIT.
1 . Should any member be thrown out of employment from any
of the following causes, he shall be entitled to contingent benefit
at the rate of 5s. per week, probationary members 5s. and 2s. Gd.
per week for the Colonies and America, upon production of
evidence satisfactory to the Council; the application for the benefit
to be made to the branch within eight weeks.
2. Any shop or district strike for an advance of wages, or
for advance of piece prices or other improvement in the conditions
of labour, entered into with the previous sanction of the Council,
or members being compelled to cease work owing to disputes or
causes over which we have no control. While the Society in any
district may not be directly concerned in a trade dispute with
employers, our members refusing to work in association with
persons introduced to do the work of the men on strike, will be-
entitled to contingent benefit provided their action is approved by
the District Committee.
3. Any strike or withdrawal of members against a reduction
of wages, or against a reduction of piece prices, entered into-
with the previous sanction of the District Committee.
4. Any strike entered into or discharge of a member or members
in^resistance of an extension of hours of labour, or encroachments
upon existing conditions of overtime, or the rates paid for work-
ing away from the shop.
5. Any strike against the introduction or retention of piece-
work or task-work that is contrary to the regulations of the
District Committee.
6. Any strike or lock-out caused by the introduction of the-
two-lathe or other machine system, encroachment on the trade,,
or the introduction of labourers to do the work of mechanics.
RULES OF A WORKMEN'S UNION. 1493
7. Any lock-out or discharge of members simply because they Membership
, J upheld,
are members of, or refuse to leave, the Society.
8. Any general strike or committee withdrawal, approved by innovations,
the Council, against the imposition of unjust or tyrannical rules
or conditions of labour.
9. Members discharged for acting as members of legitimate Deputations
shop deputations authorised, or afterwards sanctioned, by the
branch or District Committee.
10. Members, acting on instructions from District Committee, other cases,
refusing to do work coming from shops where members are on
strike, or refusing to work with non-society men.
11. Members in any shop who are compelled to take action Action taken
in conjunction with other trades, and who stop work before it ^ththers U
is possible to consult the District Committee or the Executive
Council, shall, in the event of their action being afterwards
approved by the Council, be entitled to contingent benefit.
12. No members will be entitled to contingent benefit who When not
at any time fail to obtain for themselves the ordinary wages or
other conditions of working, as laid down by the District Com-
mittee, of the shop in which they may start or be working, except
in cases where their position has been affected or changed by a
general advance of wages movement, as per clause 1 of this rule;
nor will any members be entitled for refusing conditions pre-
viously accepted by them, or 'which they have assisted to establish.
13. In case a member in receipt of contingent benefit obtains Member on
employment, and does not work for four successive weeks, or obtammg
loses such employment again while the strike or lock-out which employment,
occasioned his being on the benefit is in progress, he shall still be
entitled to this benefit. Delegation on the Society's business
shall not be considered as such employment.
14. No member shall receive contingent benefit for a longer Term of
period than fifty-two weeks. benefit<
15 . The case of any member which does not come under any Not other-
of the clauses of this rule, being recommended by his branch, w ^e dealt
shall be considered on its merits by the Executive Council; and
if a member is discharged on account of slackness, or other reasons
satisfactory to his branch and the Council, prior to and while a
general strike or lock-out is in progress, and is unable, owing
to such strike or lock-out, to find employment, he shall, on pro-
duction of satisfactory evidence, be entitled to contingent and
14f)4
TRADE UNIONS.
When
entitled.
Giving
notice.
Notice of
recovery.
Doubts
arising us to
sickness.
Amount
entitled to,
taking
previous
benefit into
account.
dispute benefit equal to that of a bond fide strike or locked out
member.
To all members entitled to contingent benefit under any of
the foregoing clauses the Executive Council shall order immediate
payment of this benefit. If this beinefit is refused by the Execu-
tive Council, it shall on request of a branch state its reason for
refusal.
RULE 27. CLASSES A, B, AND C. SICK BENEFIT.
1. Any free member of these classes not disentitled to benefit
in accordance with Rule 24, when visited by mental disease, bodily
sickness, or lameness (not occasioned by drunkenness, disorderly
conduct, or any disease improperly contracted), must, within two
days from the time of his indisposition, give notice to the secretary
in writing, according to the form placed at the end of this rule,
and shall then be entitled to benefit as laid down in this rule; if
he fails to do so, his claim shall only hold good from the day
preceding the actual giving of notice. The secretary shall order
the sick stewards to visit the sick member. The member on his
recovery must send notice in writing to the secretary within two
days, or be fined Is. No member shall receive benefit for less than
three days, and no member shall receive sick benefit for any day
on which he has done work.
2. If any doubt arises in the minds of the members of the
branch to which a sick member belongs as to the state of his
health, they shall appoint a physician or surgeon to examine
him, and he, accompanied by two members of the branch, shall
investigate the case, and give a certificate as to his state of health,
the expense to be borne by the Society. Should it be proved that
such member has been imposing on the Society, he shall pay all
expenses consequent on such inquiry, and such penalty as the
branch may deem necessary, even to exclusion. Should any mem-
ber in receipt of sick benefit refuse to sign, or cause to be signed,
the sick steward's book, or refuse to receive the visit of a physician
or surgeon, such member shall cease to be entitled to sick benefit
until he consents. Any member knowing of a member having
imposed on this benefit and not reporting the same to the secre-
tary or branch to which the sick member belongs, shall be fined 5s.
3. The amount of benefit to which a member is entitled on
injiking and sustaining his claim shall be determined as follows:
RULES OF A WORKMEN'S UNION. 149;>
If it is found that he has received no sick benefit during the
twelve months before, and is otherwise entitled, he shall be
entitled to the full amounts as laid down in this rule and accord-
ing to duration of membership.
If a member in Class A or B of ten years' standing, and it is Amount
found that he has received full benefit in the twelve months before Jfjjjj^ tf
for a period short of twenty-six weeks, he shall be entitled to a member.
further period of full benefit which will make up twenty-six
weeks. If it is found that such member has received twenty-six
weeks in the twelve months before, he shall not be entitled to any
further full benefit.
If a member in Class A or B of less than ten years' and more if under
than five years' standing, and it is found that during the twelve J a
months before he has received full benefit for a period short of
twenty -six weeks, he shall be entitled only to such full benefit
for a further period which will make up twenty-six weeks. If he
has received twenty-six weeks' benefit in the previous twelve
months, he shall not be entitled to any more full benefit, but
only to short benefit according to scale.
If a member in Class A or B of less than five years' standing, if under
and it is found that he has received twenty weeks' benefit, he shall 5 years a
J . memoer.
not be entitled to any further full benefit. If it is found that he
has received full benefit for a period short of twenty weeks, he
shall be entitled only to a further period which will make up
twenty weeks. And, if the member of less than five years' stand-
ing has received twenty weeks' full and a certain period of short
benefit in the twelve months prior to claiming benefit, he shall be
entitled to short benefit according to scale.
On sick benefit terminating, no member shall be again entitled
to further benefit until he has worked for eight weeks at the trade
or occupation he was following prior to sickness, but shall be
entitled to exemption from contributions during the remainder of
his sickness.
4. Any member, not disentitled to benefit through arrears, sickness
being ill in any foreign place where there is no branch, shall, on Trhile abroad
producing satisfactory evidence of the same to his branch, be
entitled to his sick benefit from the time he is so left until his
recovery, but in all cases he shall send a surgeon's or consul's cer- Evidence.
tificate once a month to entitle him to benefit, except in the case
of the South African branches, which shall have discretionary
1496
TRADE UNIONS.
Removal of
flick member.
Secretaries'
duties.
Sea voyage.
Member
discharged
through
misconduct.
False
declaration.
Times out of
doors.
power to grant sick benefit to members residing ten miles and
upwards from any branch, who are not in a position to claim
owing to distance, accidents, or sudden attacks of illness, but who
upon recovery give proof of such sickness, which may be accepted
as satisfactory evidence to entitle them to benefit.
5. Should a sick member's case be such as to require a change
of air, the member shall cause to be sent to the secretary of his
branch a note from his medical attendant stating the necessity
for his removal to the country. If the notice is satisfactory to
the secretary and sick stewards, he shall be at liberty to go, and
they shall likewise have the power to grant him one fortnight's
sick pay in advance if he requires it. Should he remain more than
a fortnight the secretary of the branch to which he belongs shall
write to inform the secretary of the nearest branch to where he
has removed, and, if practicable, he shall instruct the sick stewards
to visit him and pay him his sick benefit. But in districts where
there is no branch the member shall send a note to his own secre-
tary with information as to the state of his health, and shall do
so every fortnight he continues there; failing to do so he shall
forfeit all benefits until such time as he conforms to this rule.
The note aforesaid must be signed by a surgeon, or two respec-
table householders, who must give their addresses. Any member
being ordered to take a sea voyage for the benefit of his health,
shall be allowed to go on producing a certificate from a surgeon
recommending such a voyage as beneficial to the health of the
member, and shall be entitled to benefit during such voyage.
Secretaries may, if desired, send clearances for members on sick
benefit.
6. Any member shall be entitled to sick benefit, although he
may have been discharged from his employment for misconduct
and so not entitled to donation; provided that the ailment was
not brought about by misconduct, and that he produces medical
evidence thereof satisfactory to his branch.
7. Any member making a false declaration of sickness shall
refund all moneys received in such case, and shall forfeit all
benefits, except funeral benefit, for fourteen weeks. If detected
a second time, he shall be expelled from the Society.
8. Any member receiving sick benefit shall not be allowed to
be out of his residence earlier than 7 o'clock in the morning nor
RULES OF A WORKMEN'S UNION. 1497
;after 9 o'clock in the evening from the first day of April to the
last day of September, nor before 8 o'clock in the morning nor
after 7 o'clock in the evening from the last day of September
to the first day of April, unless the branch decides that an exten-
sion of time would not be injurious to the member's case.
Branches outside the United Kingdom shall arrange these times
suitably to their seasons. Any member acting contrary to the
above shall not be paid for the days he so violates the rule. If
any member is proved to a branch or branch committee meeting. Member
to have been intoxicated while receiving sick benefit, or before "
sending in his declaring-off note, or is detected doing any kind
of work, he shall forfeit one week's sick allowance, or may be fined
not more than 2. Should any member, by persisting in stay- Ormiscon-
ing out after the proper time, or other misconduct, prolong his himself
-ailment or disease, he shall forfeit entirely his claim to benefit
in respect of any such ailment or disease until he is restored to
health. Any member so misconducting himself shall not be again
entitled to benefit until he has worked for twelve consecutive
weeks at the trade, and received the ordinary rate of wages paid
in the shop or district in which he may be working.
9. If any member through accident is rendered unconscious, Accident,
or is otherwise mentally deranged (the same not being caused by
misconduct), and he is thereby unable to send or cause to be sent
his declaration of sickness to his branch, or if he is on travel, he
shall, on the production of satisfactory evidence to the nearest
branch or branch committee, be entitled to benefit from the time
he met with the accident or was otherwise mentally afflicted. If
any member entitled to benefit falls sick or lame on travel, he
shall, on sending a declaration of sickness to the nearest branch,
be relieved in accordance with this rule. The stewards shall visit Sick
the member within twenty-f our hours of the receipt of his notice,
but if his case is dangerous and they are aware of it, they shall
visit him without delay. They shall, if the member requires it,
give notice to his relatives or friends, and, if necessary, he shall
be removed to his friends at the Society's expense; but in no
case shall more than 3 be allowed for that purpose. He shall
then be relieved by the branch nearest to his residence. The
stewards shall be paid all reasonable expenses for their attendance.
1498
TRADE UNIONS.
Amount
entitled to.
Notice.
Class A.
A member in this class having a membership of ten years will
be entitled to 10s. per week for twenty-six weeks, and thereafter
5s. per week as long as he continues ill, making a total of 19 10s.
in the first fifty-two weeks. A member with five years' member-
ship and less than ten shall be entitled to 10s. per week for twenty-
six weeks, and thereafter 5s. per week for the next seventy-eight
weeks, when this benefit shall terminate. If of under five years ^
membership, he shall be entitled to 10s. per week for twenty,
weeks, and thereafter 5s. per week for the next thirty- two weeks,,
when this benefit shall terminate.
Class B.
A member in this class having a membership of ten years will
be entitled to 5s. per week for twenty-six weeks, and thereafter
2s. 6d. per week as long as he continues ill. A member with five
years' membership and less than ten years will be entitled to 5s.
per week for twenty-six weeks, and thereafter 2s. 6d. per week
for the next twenty-six weeks, when this benefit shall terminate.
If of under five years' membership, he will be entitled to 5s. per
week for twenty weeks, and thereafter 2s. 6d. per week for the
next twenty weeks, when this benefit shall terminate.
Class C.
Members in this class will be entitled to 2s. 6d. per week for
twenty-six weeks in any period of fifty-two weeks, when this
benefit will terminate.
When State approved members in these classes are unemployed,
their contributions due under the Act will be paid by the Society,
thereby securing the full benefits under the Act.
FORM OF DECLARATION ON SICK BENEFIT.
Society.
To the Secretary of the Branch.
The - - day of , 19.
Sir, This is to inform you that I became on the day of
-, 19 , incapable of working at my trade on account of
KULES OF A WORKMEN'S UNION. 1499
and I therefore request sick benefit on and from that date, not
having worked any portion of that day.
(Signed) -
Name .
No. of Card
NOTE. Any member claiming sick benefit must send a copy of this
form to the branch secretary within two days from the time of his indis-
position, or sick benefit will only be given for one day previous to that
on which the form was sent. This intimation must be entered in the
branch minute book, and read out to the subsequent branch meeting.
FORM OF DECLARATION OFF SICK BENEFIT.
Society.
To the Secretary of the - - Branch.
The - - day of , 19.
Sir, This is to inform you that I became on the day of
, 19 , again able to work at my trade, and was, therefore, on
and from that day disentitled to sick benefit.
(Signed) - .
Name .
Address -
No. of Card
NOTE. Any member in receipt of sick benefit becoming capable of
resuming work, and not sending a copy of this form to the secretary of
his branch within two days of such time, will be fined Is. for every day
or part of a day's neglect to do so. This intimation must be entered in the
branch minute book, and read out to the subsequent branch meeting.
RULE 28. MEMBERS SENT FOR IN CASES OF EMERGENCY.
1 . Any secretary on receiving notice from the General Secre- Men sent for.
tary, vacant-book keeper, any of the branch secretaries, secretary
of any recognised mutual aid, any registrar, or any member or
employer, that men are wanted in a particular district, shall,
immediately on receiving such notice, send any members in receipt
of donation or contingent benefit, or non-free members whom he
considers qualified and are out of employment, direct to the dis-
trict where such men are required; and the men so sent shall
B. VOL. n. 41
ir,oo
TRADE UNIONS.
Removal f>f
tools.
receive their fares bv the most convenient route.
shall,
Travelling
expenses.
Penalties for
refusing to
remove.
in addition to their railway fare, be remunerated for any legiti-
mate expense to which they may be put in removing their tools
to and from the railway stations. No member's railway fare
shall be paid from one district to another when suitable men
may be obtained from the Society's books in the district where
such men are required. If they fail to obtain the situations,
and desire to return to the place from which they were sent, or if
they fail, to retain situations for three months (unless discharged
or leaving under circumstances satisfactory to their branch), their
fares shall be paid back to the Society. The travelling expenses
incurred shall not be counted as benefit, but must be repaid to
the Society by the member, provided he receives the fare from
the person by whom he is employed or was sent for. Any member
entitled to benefit shall, if sent to a situation in accordance with
the foregoing, be paid his travelling fare, although he may not
have been out of employment for three days; in no case shall
he receive more than 1 10s. Members on donation benefit who
seek and obtain employment for themselves in a district other
than that in which they are residing, shall, on producing bond
fide proof thereof to their branch secretary, be entitled to their
railway fares to the place where such employment has been
obtained, provided there are no suitable men there signing the
vacant-book.
2. Any member under fifty years of age who is on donation
benefit, refusing to remove to other places, shall be suspended
from donation, when the branch or branch committee shall at
once investigate the case, and decide upon his claim to donation,
and what other penalty, if any, shall be imposed. In no case
shall a member under fifty years of age refuse to go to, or start
at, a situation in which he will receive the usual conditions of the
district to which he is sent. Should any member receive notice
of a situation in any district where there is no branch, and the
same bo approved by the secretary and president (where it is
practicable to consult them), such member shall receive the same
benefit as those sent for in cases of emergency. Any secretary
neglecting to attend to this rule shall be fined 5s. for each neglect,
unless a satisfactory reason for the omission is assigned to the
branch.
RULES OF A WORKMEN'S UNION. 1501
RULE 29. ACCIDENT BENEFIT.
1 . Any full member in Class A or B not in arrears more than Qualifica-
16s., who, by losing a limb, or having one disabled by accident
or otherwise, or through blindness, imperfect vision, apoplexy,
epilepsy, or paralysis, may be rendered permanently unable to
follow any of the departments of trade mentioned in Rule 1,
provided that it was not the result of intemperance or other
improper conduct, shall receive the sum .of 100, and a member in To what
Class C shall be entitled to 50, on the production of medical ei
or other testimony of such permanent disablement satisfactory
to the Executive Council. Any member receiving this benefit
must first sign, or cause to be signed, an agreement binding him-
self to refund the same should he afterwards resume work at the
trade, and in such event, if necessary, proceedings shall be taken
against him or his sureties to recover the amount received or any
portion thereof. Any free full member being permanently dis-
abled from working at the trade through any of the aforemen-
tioned causes, and not having been in the Society twenty-five
years or attained the age of fifty-five at the time of such disable-
ment, must accept this benefit in preference to any other.
2. Any member meeting with an accident, or being afflicted in Notice to be
such a manner as would entitle him to the benefit of this rule, lven -
shall give notice of the accident or affliction to the secretary,
who shall cause the same to be entered in the minutes as soon as
possible. The Council in all cases, if they consider there is a Entry of
probability of restoring him, shall have the power to place the
member under whatever professional man they may think proper,
the expenses to be defrayed from the accident fund. If declared Position of
incurable, the money shall be paid to him within eight weeks ^eivimr
of the decision of the Council entitling him to that benefit. Any benefit.
member having received disablement benefit since will not
be entitled to any further benefit, with the exception of funeral
benefit, for which he shall pay 2d. per week. His relations shall
not be entitled thereto if more than eighteen weeks in arrears,
and he shall be excluded when 5s. in arrears; but in all cases
he shall give notice to the secretary, at the time when he receives
the benefit, of his intention to remain a member under this pro-
vision. Those who received the benefit prior to must pay
>&Z. per week, and shall be entitled to sick pay if arrears are kept
41 (2)
1502
TRADE UNIONS.
Certificate.
Recovery of
member.
under os., and their relatives to funeral benefit if arrears are
under 8s. at the time of death. They shall be exempt from pJl
levies except benevolent, and shall be excluded if owing 13s.
3. Any member claiming accident benefit shall produce or send
to his branch such medical certificates and other evidence relating
to his case as he is possessed of, and shall himself, unless incapaci-
tated by his ailment, attend the meeting and answer all questions
Investigation, put to him. The branch shall then investigate his claim, and if
satisfied as to its validity shall instruct the branch secretary at
once to apply to the General Office for a form of application,
which he shall fill in and return, together with all certificates
furnished by the member. He shall also give all the requisite
information on the case, and the Council shall, after receipt
thereof, decide whether the claimant is or is not entitled to the
benefit; and should the Council decide that he is not entitled,
they shall clearly state their reason for such decision.
4. Should any free full member meeting with an accident, or
being afflicted with any of the aforementioned diseases, be so far
recovered that he considers himself fit to work at any depart-
ment of trade mentioned in Rule 1, and resume work, but through
the effect of the said accident or affliction be compelled to leave
his employment, and evidence be given satisfactory to the Council
of his permanent unfitness for work, the member shall not be
deprived of the benefit of this rule.
5. Any member who, by reason of accident or affliction sus-
tained before he is free, becomes permanently incapacitated from
following his employment, shall have the whole of the moneys
he may have paid into the Society returned to him, and shall
then cease to be a member.
6. The amount expended in paying claims under this rule shall
be raised by levy upon all members not on any of the Society's
benefits.
7. Any free member, not disentitled to benefit in accordance
with clause 1 of this rule, meeting with personal injuries in the
cour,se of his emplpyment, or when going to his employment, or
returning from his employment, or in search of employment, or
engaged on the Society's business, will be entitled to legal aid to
get compensation for such injuries, and proceedings maybe taken
under any Act of Parliament which may be deemed best in the
interests of the member, and if any member meets with injuries
Non-free
member.
How fund
raised.
Legal aid.
RULES OF A WORKMEN'S UNION. 1503
resulting in death, his dependants will be entitled to be legally
represented at the inquiry as to cause of death if considered neces-
sary by the branch secretary or a responsible officer of the Society.
The member meeting with such personal injuries may have the
cause of his accident inquired into by the officers of his branch ^
and if the said accident shall have occurred so as, in their opinion,
to entitle him to compensation under any Act of Parliament,
the officers of his branch shall, with the consent of the Executive
Council, institute proceedings to obtain such compensation. Any
member or members having any deduction made in their wages,
or being dismissed from their employment for reasons which may
form good ground for legal assistance, may be assisted to recover
what may be involved in the case. The member, in the event of
legal action being successful, shall be required to refund to the
Society such expenses as may have been incurred on his behalf,
but he shall not be required to pay the whole amount of such
expenses if they exceed the amount received by him under an
award.
8. Any member, being a - , losing tools by fire or water, Loss of tools.
or any seagoing member losing tools or effects, shall receive com-
pensation for the loss sustained if it is satisfactorily proved to
the branch committee and Executive Council; such compensa-
tion shall be the amount required to purchase new tools or replace
those destroyed; but in no case shall a greater sum than 10 be
awarded. , when removing from one shop to another, shall
be allowed the cost of the conveyance of their tools when the
distance exceeds one mile, such expenditure to be submitted to the
first meeting of their branch for approval or otherwise. No mem- Arrears,
ber shall be entitled to the benefits enumerated in this clause if
more than 10s. in arrears, excepting seagoing members, who may
be 14s. in arrears. All compensation for losses embraced by this
clause shall be paid from the fund raised for accident benefit.
RULE 30. SUPERANNUATION.
1 . Any member fifty-five years of age who has been for twenty- Qualification,
five years successively in the Society, who is not out of benefit
through arrears, and who through old age or infirmity is unable
to obtain the ordinary rate of wages, or (in the case of members
who have left the trade) who is unable to follow his usual occu-
1504 TRADE UNIONS.
pation, and applies for superannuation benefit, shall state his
case to a summoned meeting of his branch. Should a member
be confined in a lunatic asylum or otherwise incapacitated from
claiming personally, his claim may be made by a wife or depen-
dent relative. Should a member having received benefit for
132 consecutive weeks or more make application for superannua-
tion benefit, he shall be entitled to such amount as he would have
been entitled to had he claimed on the date of declaring on sick
benefit. Should the meeting be satisfied with the validity of his
claim, the branch secretary shall furnish all evidence to the Execu-
rf -*^ i ^ ve Council, who shall have power to grant the sum of Is. per
week; or, if thirty years a member, 8s. per week; if thirty-five
years, 9s. per week; or, if forty years or upwards, 10s. per week.
Members in Class C, when not less than fifty-five years of age
with twenty -five years' membership, will be entitled to this benefit
at the rate of 5s., with thirty years' membership 6s. per week,
thirty-five years' membership 7s. per week, 40 years' member-
ship 8s. per week.
In the case of trade members going into Class C, the qualify-
ing time for superannuation shall count from the date of transfer
into Class C.
In the case of former machinist and any future members in
Class C transferring into Class A or B, two-thirds of the time
in Class C or former machinist section only shall count for
superannuation benefit.
Members transferring 'from Class A or B to Class C shall,
from the date of transfer, only be entitled to Class C scale of super-
annuation and other benefits, and members transferring from
Class A to Class B, shall, from the date of transfer, only be
entitled to Class B benefits.
When 2. Superannuation benefits shall be payable from the time when
entitled. * .
the member has established his claim thereto to the satisfaction 01
the Executive Council. If at any future time the evidence given
should be found to have been false, he shall be suspended from
benefit until his case is investigated and decided on by his branch
and the Council . In all cases wherein the Council may decide that
a member has not established his claim, they must furnish the
branch to which he belongs with particulars of such decision and
the reasons for the same. He shall be entitled to superannuation
benefit irrespective of any income he may derive from private
RULES OF A WORKMEN'S UNION. 1505
means, and no inquiry shall be made with reference to a member's Private
means.
private income.
3. A member whilst receiving the benefit of this rule shall not Not allowed
be allowed to work at any department of trade mentioned in
Rule 1. Should he do so, he shall not receive superannuation
benefit whilst so employed, and shall pay contributions and levies.
Am- such member, whilst working at the trade, being paid off
or falling sick, must notify the secretary according to Rules 25
and 27.
4. Any member having received superannuation benefit shall Other
never be allowed to receive other benefits except benevolent and
funeral benefits. But should any member fifty-five years of age
and for twenty-five successive years in the Society be permanent!}-
disabled from following his employment through any of the causes
mentioned in this rule, he shall have the choice of accepting either
superannuation or accident benefit. All members of societies
amalgamating with the Society shall date their entrance from the
time they joined their respective sectional societies, and members
thereof not already free shall stand in the same position.
5 . If a member in receipt of any benefit under these rules Parish relief,
obtains parish relief or becomes an inmate of any lunatic asylum,
his branch may, with the approval of the Council, pay the whole
or any portion of the benefit for any period that would have other-
wise been payable to such member, to his wife or any of his
relatives who are legally entitled to receive the same.
Superannuation Reserve Fund.
6. Each full member in Classes A, B, and C, except those Special levy,
whose benefits have terminated, superannuated members, and
members who have been refused superannuation benefit due to
continuous sickness, shall pay Is. levy per quarter for the pur-
pose of raising a seperannuation reserve fund; and a further sum
of 6d. per quarter may be imposed, if at any time the Executive
Council consider it necessary to augment the fund, but such aug- Council's
mentation shall be subject to the vote of the members, and shall P were -
not be imposed for more than twelve months without a further
vote being taken. Former trade members going into Class C
who are over forty-five years at the date of transfer shall not pay
superannuation levy, and shall not qualify for superannuation
benefit.
1506 TRADE UNIONS.
To what 7. All moneys raised by the above-mentioned levy and interest
accruing therefrom shall be invested apart from the general fund
of the Society. They shall be invested in Municipal Corporation
or County Council bonds, or on mortgage of freehold or leasehold
property submitted by our members, or in building and acquiring
club-rooms for the business of the Society in districts with over
2,000 members, the District Committee and members guarantee-
ing ten per cent, of the cost. In all such cases the moneys must
be invested in the names of the general trustees, who shall be
subject to the regulations provided by Rule 32. The rate of
interest, charged to members who borrow on the security of free-
hold or leasehold property shall continue at five per cent, for the
first five years if the money is borrowed on a twenty years' basis,
or until repayments corresponding to the same if the money is
being repaid on a scale based on a less number of years. After
that the rate of interest shall be four per cent.
The numbers only of borrowers from the fund shall be published
in quarterly and yearly reports.
For how long g. No part of this fund or interest accruing therefrom shall
be used for any purpose except re-investment until otherwise pro-
vided for by rule. A statement shall be furnished to the members,
through the quarterly and annual reports, of all accumulations and
transactions in connection therewith.
RULE 31. FUNERAL BENEFIT.
To how much 1. On the death of any free full member in Class A, B, or C,
j**1 j /
whose arrears at the time of death do not exceed 16s. (except
registered members whose arrears shall not exceed 50s., or those
provided for in clause 3), 12 shall be paid to defray his funeral
expenses in the case of Class A or B, and 8 in the case of
Class C. Notice shall be sent to the secretary, who, on the pro-
duction of the registrar's or surgeon's certificate of death, shall
give his order on the treasurer within twenty-four hours. After
such order has been received, he shall pay or cause to be paid to
Who entitled, the widow, nominee, or next of kin lawfully appointed to receive
the same, the sum of 12 or 8 (less any arrears or other money
owing), on receiving a stamped receipt for the same. The widow
or nominee of any other member shall, on the death of such
member, be entitled in like manner to the sum specified by the
rules.
RULES OF A WORKMEN'S UNION. 1507
2. Each branch shall be provided with a declaration book, in Declaration
which any member can enter as his nominee (such nominee not
being an officer of the Society), the name of the person to whom,
at his death, the funeral benefit shall be paid in accordance with
sect. 10 of the Trade Union Act Amendment Act, 1876, as
amended by the Provident Nominations and Small Intestacies
Act, 1883. The particulars of such declaration or registration
shall be inserted in the clearances of members removing from one
branch to another. Any member shall be at liberty to change
the name of his nominee.
3. Any free member, if not more than 16s. in arrears (or regis- Wife's death,
tered member whose arrears do not exceed 50s.), shall, on the
decease of his lawful wife, on applying at the time specified,
receive the sum of 5 in Class A or B, and 3 in Class C, 7
and o respectively to remain for his own funeral expenses. But
any member having received funeral allowance previously or sub-
sequently to the amalgamation of the various societies, shall not
be entitled to receive an allowance for any succeeding wife, except
in the case of a member who has only received 3 or 4 for a
first wife, who may, if the second wife dies, receive as much as
will make up 5, leaving 7 for his own funeral. No member
shall have more than 12 or 8 respectively as funeral benefit
both for himself and wife. In every case in which the declaration
book has not been filled in and signed by a member, a certificate
of marriage or other proof of next of kinship must be produced
before this benefit is paid.
4. Should any member, being entitled to the funeral benefit, Dying when
die when on travel in search of work, and his friends be unable
to remove him to his proper home, the officers of his branch, or
the nearest branch to where he died, shall cause him to be decently
interred; the expenses of his funeral shall not exceed 7, and
should his widow, nominee, or next of kin apply for the surplus,
it shall be paid. In the case of any member dying, and therte
being difficulty in determining who is to receive the funeral
money, the branch shall pay the expenses of funeral, which shall
not exceed 7 ; and the residue shall be paid to the person legally
entitled.
TRADE UNIONS.
General
direction*.
Branch
banking.
Banking of
branch
moneys.
Bond to be
drawn up.
Transfer of
papers.
Payment of
acting
trustees.
RULE 32. INVESTMENT OF FUNDS AND TRUSTEES' T)r ni.s.
1. All money subscribed or paid and all property acquired or
owned for the objects mentioned in these rules belonging to the
Society, or any part thereof, shall be vested as follows: All land,
machinery, and premises acquired for the general purposes of
the Society, and all money directly under the control of any of
its general governing bodies, or any general officer, shall be vested
in the general trustees of the Society and of such bodies for the
time being in joint ownership. All money under the control of
any branch or branch officer, and all land acquired. for the pur-
poses of any branch, shall be vested in the trustees of such branch
for the time being in joint ownership.
2. Each branch must deposit its monej r in the Post Office
Savings Bank or some other responsible public bank. All moneys
of each branch shall be deposited in the name of the Society,
and in the names of five trustees, the signatures of three, at least,
being requisite to the withdrawal of the same or any part thereof.
At the close of each meeting, if there be 20 or upwards in any
branch, it shall be banked by two trustees previous to the next
meeting night. Branch trustees shall not be allowed to hold any
keys of the Society's boxes. If a trustee should be elected as a.
key-holding officer, the branch shall appoint some other member
to hold his key of the drawer, wherein shall be deposited all
cheques, banking books, and other securities.
3. A bond may be drawn up, where this is practicable, between
the trustees, officers, and members of each branch, whereby the
trustees shall not dispose of any of the Society's money that
may be deposited in their names contrary to the true meaning and
intent of the rules of the Society. They shall, at any time when
required by the decision of a meeting of their branch convened
for that purpose, transfer all bonds and deliver up all moneys,
cheques properly signed, books, and other property of the Society
to the person or persons appointed as their successors, and autho-
rised to receive the same. Acting trustees shall each be paid the
sum of Is. when engaged in banking or withdrawing money r
except where it is absolutely necessary for them to lose time, in
which case they shall be paid at the same rate of wages as they
are then in receipt of, in addition . Acting trustees out of employ-
ment or on superannuation shall be paid the sum of Is., in addi-
RULES OF A WORKMEN'S UNION. l r > ( W
tion to any benefit of which they may be in receipt. No treasurer,
secretary, or money steward of a branch shall act as a trustee,
and no member shall be appointed trustee who has been less than
four years in the Society, except in new branches. Two trustees
shall deposit, and three withdraw, all money, and these trustees
only shall be paid for such transactions.
4. The Council shall, subiect to rights reserved to American, Council's
DO'WGrft 6
South African, and Australasian Councils, invest the funds of investment.
the Society to the extent of not more than 1 per member on the
security of Municipal Corporation bonds, or in the building or
purchasing of offices or premises for our own use, the investments
to be made in the names of and carried out by the general trustees.
Such trustees shall give a bond, duly and legally signed and ^trustees.
attested, for all money invested in their names, and shall hand
over to the Council all documents, books, and accounts held by
them in regard to such investments, to be kept in the Society's
safe. The Council shall in return give a due acknowledgment Central
of the receipt and safe deposit of the same. The Council shall
also open a central account at the Post Office Savings Bank or
some other responsible public bank (but not with any private
firms or tradesmen), in which shall be deposited the money of
the Society which may from time to time be under their control.
Such account shall be kept in the names of five trustees, who shall
act as general trustees for all property not vested in the branch
trustees. The general trustees shall be drawn from the London
branches. They shall be elected by, and remain in office during
the pleasure of, the members. The Council shall have power to Transfer of
instruct them to draw from the bank all or any portion of the moneys.
money standing to their account, or to transfer the account to any
other such bank as aforesaid.
5 . Should any bank or corporate body in which any part of Insecurity of
the Society's funds is invested be suspected of insecurity, the
Council, branch, or branch committee shall have power to order
the trustees to withdraw the same forthwith.
RULE 33. EQUALISATION.
1. There shall be an equalisation of the funds of the Society Council's
whenever the Executive Council may deem it necessary, in pro- *
portion to the number of members in each branch. The Council
1510
TRADE UNIONS.
How
remitted.
Australasian
branches.
Penalties.
shall authorise the debtor branches to pay the creditor branches
the equalisation money due to them in such manner, form, and
place as they may think best, and with the greatest security. They
shall also have full power to cause one branch to remit to another
branch, from time to time, whatever sums of money they may
deem necessary to meet the expenditure of such branch. Branches
shall in no case remit local bank notes for money so sent, and in
no case shall one branch be ordered to remit to another less
than 20.
2. Creditor branches banking their money in the Post Office
Savings Bank shall, when equalisation takes place, forward their
bank book to the trustees of the debtor branch, who shall cause
the required amount to be transferred from their own to the
creditor's bank book. The secretary of each branch which is to
receive equalisation money must forward to the secretary of any
branch ordered by the Council to pay money to it, the names and
addresses of three trustees to whom the money may be made pay-
able. All money to be remitted to or from Australasia shall be
remitted through the Executive and Australasian Councils. Every
trustee receiving money or correspondence under this rule shall
inform the secretary of his branch within three days after receiv-
ing the same, or be fined 2s. 6d. Any secretary neglecting to
write, and any officer neglecting to remit or receive money, accord-
ing to the orders of the Executive Council, shall be fined 1.
RULE 34. MEMBERS GOING ABROAD.
Notification. 1. Any member going abroad shall inform the secretary of the
branch to which he belongs, who shall then give the member
a certificate, and shall transmit in his next quarterly report to
the General Secretary a statement of the position in which the
member stands in the Society. Any member going abroad, or
any seagoing member, may register and still pay his contributions
if he thinks fit; and, if entitled to benefit at the time of leaving
Benefit. shall be entitled to benefit on joining one of the branches in the
country to which he may be going.
Going to 2. Should any registered member go to a country where a
branch exists, branch of the Society does not exist, he shall not, upon return,
have any claim upon the Society's funds if more than twenty-
six weeks in arrear, until he produces a certificate of health from
RULES OF A WORKMEN'S UNION. 1511
such surgeon as the branch may appoint, the expenses of the
same to be defrayed by the member. He shall then reduce his
arrears in conformity with clause 2, Rule 24, and it shall be four
weeks after such arrears are paid before he is entitled to benefits.
Should such a member pay, or cause to be paid, his contributions Contribution**
during his absence, in accordance with the said rule, he shall be aD *senf e
entitled to the benefit of the rules provided for funeral and acci-
dent; and, should he return, he will be immediately entitled to Position on
all the benefits of the Society.
3. Any member returning from abroad shall make application
to the secretary of the nearest branch, who shall write to the
General Secretary to ascertain his position in the Society previous
to leaving the country. He shall then be allowed fourteen weeks
to pay his arrears of contributions, and it shall be four weeks after
these are paid before he is entitled to benefit. Any member
allowing his arrears to exceed two years' contributions, exclusive
of levies, shall be excluded. His arrears shall, however, be posted Exclusion,
in the club-room three months previous to such exclusion. This
shall be deemed a sufficient notice.
4. Any seafaring free member being shipwrecked, or meeting Seagoing
with an accident or illness while following his employment, if
he is not more than 14s. in arrears, shall be entitled to sick benefit.
If not sick, and not in receipt of wages, he shall be entitled to
donation benefit from the time of such shipwreck or accident.
RULE 35. MEMBERS' CLEARANCES.
Any member working in a district where there is a branch Particulars,
twenty miles nearer than that to which he belongs shall inform
the secretary. The secretary shall then write to the branch from
which he came for his clearance, which shall specify when he
entered, his age on entrance, if a free member or not, married
or single, the department of trade which he entered as following,
in how much he is indebted, and what he is entitled to, and the
benevolent grants received. If he is not entitled to benefit, his
clearance shall state the reason. No member shall be compelled 20 miles'
to remove his clearance from one branch to another if working
within twenty miles from the branch to which he belongs. No
member shall be allowed to remove his clearance from one branch
to another to evade the investigation of a charge made against
1612
TRADE UNIONS.
Clearance by
post.
Penalties.
First court.
Time of
second court
appeal notice.
Time of third
appeal notice.
Duties of
officers.
him. nor shall he be allowed to place his clearance in a branch
which numbers more than 300 members if there is a branch in
the district having less than that number, and no member shall
be allowed to rnmove his clearance from one branch to another
for the purpose of receiving benefit sooner than he otherwise,
would have done had he remained in his own branch. All clear-
ances shall be sent through the post from one branch to another.
Any member not reporting himself within forty-eight hours shall
be fined 2s. Qd., and any secretary neglecting to attend to this
within seven days shall be fined 2s. 6d.
RULE 36. APPEALS.
1st Court of Appeal To the branch committee.
2nd ,, Summoned meeting of the branch.
3rd ,, Executive Council.
4th & Final Final Appeal Court.
1. Any member of this Society, or persons claiming on behalf
of a member, finding himself or themselves aggrieved, or having
any complaint against the officers or members, or being excluded
for arrears or benefits improperly received, must first appeal to
the committee of his branch for redress within eight weeks from
the date of the dispute, or from the date of his exclusion. All
such appeals must be made in writing. If not satisfied, he or
they must then appeal within four weeks to a summoned meet-
ing of the branch, provided the appellant had at least seven days'
notice of such meeting, and, if he or they do not receive satis-
faction, the appeal must then be made to the Executive Council,
if notice in writing be given to the branch secretary, and such
appeal be made within fourteen weeks from the date of the deci-
sion of the branch. No appeal shall be ruled out of date through
the neglect of any secretary, and no appeal shall be dealt with
by any tribunal in the Society unless such appeal has been sub-
mitted to the members, branch committee, or Council concerned
therein, with a view to their answering the same. All documents
concerning the appeal must be read to the meeting by the presi-
dent, and the secretary shall then attach the seal before sending
them to the Council. The branch secretary shall furnish no other
evidence than that heard before the branch, and shall submit the
same to the branch before sending it to the Council. And in all
RULES OF A WORKMENS UNION.
cases of appeal the reasons upon which decisions of the Council
are founded shall be given to the appellant in detail, and such
decision shall be final, unless reversed by the Final Appeal Court
meeting.
2. Any branch or member feeling aggrieved with the decision Time of final
of the Council, after the reasons for such decision have been appea
given to the branch or member, may appeal to the Final Appeal
Court meeting. All such appeals must be made in writing and
lodged at the General Office four weeks before the Final Appeal
Court meeting assembles. All appeals to be submitted to the
Final Appeal Court shall be the same as submitted to Executive
Council, no fresh matter to be given by either the said Council
or the appellant.
3. All charges made by one member against another must be Charges in
made in writing, and if any charge on investigation turns out
to be made through malice and without foundation, the member
preferring such charge shall be liable to exclusion or such other
punishment as the case deserves. Should it be proved that any
member has given false evidence or withheld information which
would have facilitated the ends of justice, he shall be liable to
exclusion or such other punishment as the case deserves. In the
event of the member making the charge, or the one against whom
the charge is made, not being able to attend through sickness, or
other unavoidable circumstances (the same to be satisfactorily
proved to the branch committee, or, if not so, the member to be
fined the expenses of the meeting), the investigation shall be
postponed until another occasion. All charges against members
shall be investigated by the branch to which the member charged
belongs, except as provided in Rule 13, clause 12. Any branch Evidence and
dissatisfied with the conduct of the member of another branch clause^
may appeal to the Council for redress, and in all cases where
members are summoned to give evidence, this clause shall be read
over to them before their evidence is taken.
RULE 37. NEW BRANCHES.
1. Any number of persons, not being less than twelve, who are Initiation,
following any of the trades mentioned in Rule 1, and who are
desirous of forming a branch of the Society, may apply to the
nearest branch, or to the Council, and state their age, how long
1514
TRADE UNIONS.
Council's
powers.
Continuance
of branches.
they have worked at the trade, and other particulars. Any branch
applied to as above shall send to the Council the number of men
working at the above-named trades, and all other necessary infor-
mation. Should the Council decide that a branch shall be opened
at any spoof fiod place, they shall adopt such measures as they
may think necessary in accordance with Rule 14, clause 9, to carry
the same into effect. Persons entering a new branch shall be
subject to the same rules and regulations as persons entering
other branches. The Council shall decide upon the propriety
of continuing branches with not more than ten members; and in
large towns where branches are in close proximity, and do not
contain upwards of 100 members, the Council shall have power
to form two of suoh branches into one, or three into two, as they
may decide.
2. Branches which have not been in existence four years shall
be considered new branches.
Penalties for
asking for.
Paid through
pay office.
Powers and
duties of
committee.
Penalties for
not sharing 1 .
RULE 38. PIECE- WORK.
1. If any member asks for or takes work by contract or piece-
work contrary to the conditions here following, from any firm
or factory where piece or contract work does not at present exist,
and the same is proved to the satisfaction of the District Com-
mittee, he shall for the first offence be fined 20s., for the second
40s., and for the third be expelled from the Society. Piece-work,
however, may be worked subject to the conditions here following,
provided that the minimum rate of wages of the district is fully
guaranteed by the firm introducing it.
2. All members engaged on piece-work shall, as far as possible,
make it imperative that they shall be paid through the pay office,
and not by a piece-master. Where this is not possible they shall,
upon the request of their branch or the District Committee, pro-
duce their pay sheet. District Committees shall see that members
have a proper rated wage guaranteed, apart altogether from piece
prices, and in cases where members are working piece-work, the
District Committee shall draw up rules by which it shall be
governed, so as to protect our members against the action of
employers who seek to interfere with the minimum wages of the
district.
3. Any member taking work by the piece or contract, and not
RULES OF A WORKMEN'S UNION. 1515
sharing equally in proportion to his wages any surplus made
over and above the weekly wages paid to members and other
persons working on the job, shall be summoned before his branch
or branch committee, and if he does not comply witli the above
regulation he shall be fined in the first instance 20s., in the
second 40s., and in the third instance be excluded, subject to
the approval of the Council.
4. Any member found to be using his influence to discharge, Penalties for
or cause to be discharged or suspended, men working on any piece
or contract job, who are in receipt of the ordinary rates or wages
of the district, and substituting boy labour or cheaper labour in
their place for the purpose of making surpluses over and above
the rate of the day wages of the district, shall for the first offence
be fined 40s., for the second 60s., and for the third be excluded;
such penalties, with the reason therefor, shall be posted in a
conspicuous place in all the clubrooms of the district; and the
District Committee secretary shall furnish each branch secretary
with the necessary information.
5. Any member working for or under any piece-master, and Penalties for
not receiving an equal share in proportion to his wages of any, under pece-
surplus made over and above his weekly wages, shall be summoned master
contrary to
before the branch, branch committee, or District Committee; and, rule,
on his refusing to leave such employment he shall be fined for
the first offence 20s., for the second offence 40s., and for the third
offence be excluded, subject to the approval of the Council.
RULE 39. CONDUCT, OFFENCES, PENALTIES.
1. If any member is satisfactorily proved to have stolen the Enumeration
funds or property of the Society; to have been convicted by a
Court of justice; to have, with intent to deceive, tampered with,
falsified, or otherwise wilfully misused any books or other docu-
ments belonging to the Society; to have, contrary to these rules,
obtained possession of, or refused to give up when in his posses-
sion, any books, keys, papers, or other documents or effects belong-
ing to the Society; to have refused to sign or execute any cheque,
transfer, deed, or other document to which his signature or execu-
tion was required by these rules; to have refused to obey these
rules, or to comply with any order by them authorised, he shall Penalties,
be fined such sum (not exceeding 5) or suspended from benefit for
B. VOL. n. 42
1516
TRADK UNIONS.
Misconduct
at meetings.
Penalties.
Misconduct
arising from
branch
meetings.
Penalties.
Misconduct
while on
benetit.
Penalties.
Conviction in
Court of
justice.
so long as the committee or branch meeting who have tried him
may think proper, or shall be excluded from the Society, and
forfeit all money paid by him thereto .
2. Any member causing a quarrel, swearing, or using abusive
language in any of the Society's meetings shall be fined 2s. Qd.
Any member not obeying the president when called to order three
times shall be fined Is., the total fines not to exceed 5s., and
should he continue disorderly, he shall be expelled from the room
for that evening, by force if necessary. Any member introducing
topics not consonant with the Society's business shall be fined
Is. Whenever any motion has been decided upon, no one shall be
allowed to speak upon the subject any longer. Any member
refusing to pay the fine, or any member conniving at or endeavour-
ing to vindicate the conduct of a member having so offended, shall
be fined 2s. Qd. If the member's conduct is of a very aggravated
nature, the branch may impose a fine of not more than 20s.
3. If any member censures another outside the Society's rooms
for giving his opinion at any of its meetings, he shall be fined
Is. for each offence. Any member upbraiding another for receiv-
ing any of the benefits shall be fined 2s. 6d. for each offence.
Any member divulging anything relating to the Society's busi-
ness, except to a member, shall be fined 5s. Should any member
strike another he shall be fined 5s. for each offence. Should any
member upbraid another for leaving a situation and returning to
it again (if he has done so to the satisfaction of his branch), he
shall for each offence be fined Is.
4. Any member charged with disorderly conduct while on dona-
tion, sick, or superannuation benefit shall be summoned before the
branch or branch committee, and, if the charge is proved, be
liable to such penalties as the nature of the case demands. Any
member finding fault with a member's conduct while on donation,
sick, or superannuation benefit, and not reporting him to the presi-
dent or secretary of the branch to which he belongs, shall be
fined 5s.
5. Any member being convicted by a Court of justice shall
be liable to exclusion or such suspension as the branch to which
he belongs may deem fit. Should it be proved to the Council
at any time that such a member was wrongfully convicted he shall
be reinstated, but shall pay the whole of his arrears, for which
the branch shall grant him a reasonable time.
RULES OF A WORKMEN'S UNION.
6. All fines by this rule or elsewhere by these rules imposed Penalties, by
shall be inflicted, if relating to branch matters, by the branch i m p 08 ed.
secretary, and failing him by the branch president. If the branch
secretary and president fail to impose any fine when due, they
shall each be liable to a fine of Is.
7. All fines by this rule or elsewhere by these rules imposed When fines
shall bo paid within fourteen weeks from the imposition of such p
fine, or if not then paid shall be treated as arrears of contributions.
8. The general trustees shall, under the direction of the Council, Prosecutions
prosecute, or, if more convenient, direct any branch or district a
officer or officers to prosecute, any member or other person sus-
pected by them of any offence legally punishable with reference
to the affairs of the Society; and they may themselves institute,
or if more convenient, may direct any branch or district officer
or officers to institute, civil proceedings against any member or
other person refusing to give up possession of any of the Society's
property or any branch property; or doing or neglecting to do
any act so as to render himself liable to civil proceedings in
reference to the Society's affairs, or the affairs of any branch
thereof.
9. No member shall call on or write to the secretary of any Calling on
branch or District Committee at the works where he is employed, improperly,
.under a penalty of 2s. 6d. for each offence.
Members Defrauding Each Other.
10. Any member receiving money to pay for another member, Neglecting to
or for a person proposed or desiring to be proposed to become a
member, and neglecting to do so on the first meeting night, shall
be fined 2s. 6d. for such neglect. He shall also be responsible
for the money paid to him, and the fines incurred, if any. All
.such cases shall be brought before the branch or branch committee
for their decision. No member so entrusting his contribution Penalties,
money shall have any claim upon the Society if thrown out of
benefit through the person entrusted with the said contribution
money failing to pay the same, but under such circumstances no
member shall be excluded.
11. Should any member refuse to pay money entrusted to him
.as above mentioned, together with the fine as before mentioned,
42 (2)
1518
TRADE UNIONS.
Committing
felony.
lie shall be deprived of all benefit till the same be paid into the
Society.
12. Any member entrusted with money from the funds, and
misapplying the same, shall be deprived of all benefit until he has
refunded the amount, and shall pay a fine of twenty per cent,
on the sum so misapplied; such moneys to be paid to the money
steward on a regular meeting night.
13. Members feloniously taking the funds shall be expelled
from the Society and prosecuted according to law.
How Society
may be
dissolved.
Division of
moneys.
RULE 40. DISSOLUTION.
The Society may be dissolved by consent of nine-tenths of
its members voting in meeting duly summoned for the purpose;
or whenever the number of members is reduced to fifty by deaths
and by exclusions in conformity with the rules, a majority of the
remaining members may, in meeting assembled at the registered
office of the Society, finally dissolve the Society; and after dis-
charging all debts and liabilities legally incurred in the Society's
name they may divide the funds, if any, among the whole of the
members in equal portions.
RULE 41. REGULATIONS FOR CONDUCTING BRANCH MEETINGS.
Order in which the business of each branch is to be conducted.
1 . The meeting must be opened at the time agreed upon by the
branch, when the president or secretary shall call over the names
of those officers who are required to be in attendance, and shall
see that all fines are duly enforced for neglect or non-attendance,
and the president shall call over the names of those members whose
arrears exceed 15s.
2. The president shall inquire if any member has any person
to propose; if so, a proposition form, which will be supplied by
the secretary for that purpose, must be filled up, and handed to
the president. No proposition shall be received after the first
hour if there is other business to be transacted.
3. The president shall during that hour require the vice-presi-
dent or assistant secretary, in branches having one, to read over
the minutes of the previous meeting (if any); likewise a detailed
account of the branch's income and expenditure for the previous
RULES OF A WORKMEN'S UNION.
fortnight; all bills of extra expenses, apart from benefits, also
shall be read over and passed by the meeting before being paid;
and, if necessary, the banking book or cheques shall be produced.
4. The president shall read aloud to the meeting the names
of those proposed, their age, profession, &c., after which they shall
be called into the room, asked the necessary questions, be provided
with a copy of the rules, and then retire.
5. The president shall then call over the names of those pro-
posed on the previous meeting night. He shall require the
proposer and seconder to state what they know of the candidate,
and shall obtain for everyone an impartial hearing. He shall
take the sense of the meeting (by ballot, if required by a majority
of the members present), as to their fitness for admission. When
all the candidates have been examined, he shall call over the names
of those to be admitted, who shall be brought into the room, and
placed before him. He shall ask them the necessary questions.
If they answer in the affirmative, they shall be formally admitted.
The president shall then read over to them the initiatory address.
6. Seagoing candidates may be proposed and admitted on the
same night, in cases where the candidate must sail before the
next branch meeting night, provided the branch where he is pro-
posed is satisfied as to his eligibility.
7. Claims for benefit, including donation, contingent, super-
annuation, benevolent, accident, and sick claims (if necessary)
shall next be entertained, after which all correspondence in con-
nection with the branch shall be read, and any other business
appertaining to the branch shall be entertained until the time of
closing the meeting.
Part II. State Insurance Section.
1. GENERAL.
1. Parts I. and III. of the National Insurance Act and the
schedules thereto, and all regulations, orders, and special orders
lawfully made thereunder, hereinafter collectively referred to as
" the Act," shall be deemed to be incorporated in these rules,
and anything in these rules inconsistent with any provision of the
Act shall be void and of no effect.
2. Except as otherwise provided in these rules, Part I. of these
rules shall apply to all members of the Society, but anything in
1520 TRADE UNIONS.
Part I. of these rules inconsistent with anything in Part II. of
these rules shall be void and of no effect for the purposes of
National Health Insurance, and in particular no insured member
S. 76. shall be levied upon, fined, suspended, or expelled from the
Society, or pay any entrance fee or other charges, so far as regards
National Health Insurance, except under the provisions in
Part II. of these rules, and no insured member shall be deprived
of the right of voting on any questions and matters arising under
the Act except in accordance with the provisions of Part II. of
these rules.
2. OFFICE.
In the event of any change in the situation of the registered
office, notice of such change shall be sent within fourteen days to
the Commission approving the Society (or to the Joint Committee,
as the case may be) and to the Insurance Committee for every
county (or county borough) in which any insured member of the
society resides.
3. OBJECTS.
S. 23. In addition to all other objects of the Society it shall be an
object of the Society to be an approved society within the mean-
ing of the Act, and to transact business under the Act, and to do
S. 26 (i). all things required by the Act and by the Commission for the
purpose of so being an approved society, and of transacting such
business.
4. INSURED MEMBERS.
S. 1(1). 1. " Insured members " means all persons contributing for or
s ' 4 6 ' entitled to benefits under the Act, who are members of the Society
S. 49. for the purposes of the Act.
S. 30. 2. Any person eligible for membership under Part I., includ-
s - 34. ing a ny apprentice to the - trade of sixteen years of age
and upwards, who is entitled to contribute for benefits under the
Act, may apply to become an insured member of the Society if
S. 30 (i). not already a member of an approved society for the purposes
of the Act.
S. 55 (2). 3. Every application for membership shall be in the form at
s - 45 - the end of these rules, accompanied by such satisfactory evidence
of the age and nationality of the applicant, and that he is entitled
to become an insured person, as the Society may require.
RULES OF A WORKMEN'S UNION.
4. Whore a person has made such an application he shall be
deemed to have been admitted as a member of the Society, unless
the Society Avithin twenty-eight days after the date on which
the application is made give notice to the applicant of the rejec-
tion of his application. Any such application, or any such notice
of rejection, may be made or given by properly addressing, pre-
paying, and posting a letter containing the application or notice.
5. No application of any person to become an insured member s. 30 (2).
of the Society shall be refused solely on the ground of the age of
the applicant.
The Society may require any applicant for membership to pro-
duce his birth certificate and medical evidence as to the state of
his health, these documents to be furnished at the applicant's
expense.
5. CONTRIBUTIONS OF INSURED MEMBERS.
1. Save as expressly provided by these rules, the contribution Ss. 4 (1),
payable in respect of every insured member, whether an employed
or a voluntary contributor, shall be 7d. per week (hereinafter Schedule.
called the " employed rate "):
Provided that
(a) No such contribution shall be required in any week s - 10 ( 4 )-
during which the insured member has been in receipt Third
of sickness or disablement benefit, unless he has worked
during that week.
(b) Contributions paid in respect of insured members by S. 4 (2).
their employers or otherwise in manner provided by '
the Act shall be deemed to be contributions paid by
the members under this rule.
(c) Contributions of an insured member under this rule shall s - 4 ( 3 )-
cease to be payable on his attaining the age of seventy ' ' ''
years .
2. (a) An insured member, being a voluntary contributor S. 5 (1) (a).
under the Act, who became an insured person before the 15th day
of January. 1913, and who was at the time of so becoming
insured of the age of forty-five years or upwards, shall pay con-
tributions at the rates specified in Table A in the hands of the
General. Secretary and branch secretary.
(b) An insured member, being a voluntary contributor under s - 5 ( l )-
1522
TRADE UNIONS.
the Act, who became an insured person on or after the 15th day
of January, 1913, shall pay contributions at the " voluntary rate "
as specified in Table B in the hands of the General Secretary and
branch secretary.
S. 5 (1) (*). (c) An insured member who, before becoming a voluntary con-
tributor, had been an employed contributor for five years or
upwards, shall pay contributions at the employed rate.
S- 6 (!) 3. An insured member who, having joined the society as a
voluntary contributor, becomes employed within the meaning of
the Act, shall nevertheless continue to pay the contributions speci-
fied in Table A or B, as the case may be, unless he gives notice
of his desire to be transferred to the employed rate.
S. 47 (4) (A). 4. An insured member whose employer is liable under sect. 47
or 53 of the Act to pay him remuneration during the periods of
sickness specified in those sections shall pay contributions at the
rate of 5d. per week, but no such contribution shall be payable
during any period of disease or disablement during which
remuneration is payable after he has given notice to the Society
of such disease or disablement.
S. 7 ( c ). 5- Every insured member shall at such times as the Society
may from time to time require, or as may be required by the
Commission, deposit with the local secretary his contributor's card
or other sufficient receipt for all contributions paid by or in respect
of him during the preceding period specified by the Executive
Council or by the Commission, and produce when required his
Insurance Book, and shall do everything required by the regula-
tions of the Commission. Any insured member who, without
sufficient reason given, deposits or produces at these times more
than one card or book, shall be liable to a line not exceeding Is.
6. Every insured member who is an employed contributor shall
report forthwith to the branch secretary if he has reason to believe
that the contributions payable in respect of him are not being
paid, and it shall be the duty of the branch secretary, if the Execu-
tive Council so direct, to forward the report to the Commission.
S. 4 (2). 7. The contributions of members who are employed contributors
under the Act must, unless paid by Parliament, be paid in the
Second first instance by their employers. Members will find in Table III.
Part I. a statement of the contributions which their employers may law-
fully deduct from their wages.
A member who is about to enter upon an employment by reason
RULES OF A WORKMEN'S UNION. 1523
of which he continues to be an insured person shall apply for a
contribution card to the branch secretary. A new card will not
necessarily be required merely by reason of a change of employ-
ment.
6. ARREAKS.
1. Where an insured member is in arrears he shall be liable S. 10.
to such reduction or suspension of benefits as is specified in these
rules and in the tables referred to therein.
2. If an insured member pays in any calendar year the whole S. 10 (5).
or any part of any arrears of contributions payable by him which
accrued during that or the preceding year, then after one month
from the date of such payment he shall be treated as if the
arrears so paid had never become due.
3. No account shall be taken of any arrears accruing
(a) during any period when the insured member is rendered s - 1 ( 4 ) (""
incapable of work by some specific disease, or by
bodily or mental disablement;
(b) in the case of an employed contributor, at any time S. 10 (4) (e).
before the 15th day of July, 1913;
(c) during the whole of any period exceeding six mouths, s - 51 ( 2 )-
during which the insured member was an inmate of
and supported by an institution to which a certificate S. 51 (1).
of exemption has been granted under the Act;
(d) in the case of maternity benefit payable in respect of
the posthumous child of an insured member, during
the period subsequent to the father's death.
4. An insured member who, having been for less than five S- 6 (*)
years from his entry into insurance an employed contributor,
becomes a voluntary contributor, shall be deemed to be in arrear to
the amount of the difference between the aggregate contributions
actually paid by him and those which would have been payable
had he been a voluntary contributor from his entry into insurance.
o. If an insured member who is an employed contributor falls S. 10 (6).
into arrear through unemployment the Executive Council may,
if they think fit, at any time excuse any part of such arrears not
exceeding such part as would have been payable under the Act
by his employer had the insured member continued in his last
employment.
1524
TRADK UNIONS.
S. 43 (2) (b). 6. An insured member who has previously been a deposit con-
tributor shall be deemed on joining the Society to be in arrear
to the amount of the estimated loss (if any) of the Society by
reason of his so joining, allowance being made for the reserve
value credited to the Society in respect of him.
S. 79. 7. If an insured member who is an employed contributor is
unemployed for a period exceeding twelve calendar months, the
branch committee shall decide whether his unemployment is due
to inability to obtain employment or to a change in his normal
S. 10 (1). occupation, in which latter case he shall cease to be treated as an
employed contributor and shall pay contributions as a voluntary
contributor. An insured member shall have the right to be heard
by the branch committee before the decision, and shall have four-
teen days' notice of the hearing.
S. 10(1). 8. An insured member whose contributions are in arrear for
more than twenty-six weeks on the average for every year since
his entry into insurance shall be suspended from all benefits,
and an insured member whose contributions are in arrear for more
than thirteen weeks on the average for every year since his entry
into insurance shall be suspended from sickness and disablement
benefit, but in neither case shall he thereby cease to be an insured
member of the Society.
s - 10 7). 9. The method of calculating the average amount of arrears
shall be that prescribed by the regulations of the Commission.
7. BENEFITS OF INSURED MEMBERS.
s - 8 (*) 1. Except as otherwise provided by these rules every insured
member shall be entitled to the following benefits:
(a) Medical benefit (members in Ireland excepted).
(b) Sanatorium benefit.
(c) Sickness benefit.
(d) Disablement benefit.
(e) Maternity benefit.
(f) Such additional benefits, if any, as the Society may give
under a scheme made by them and sanctioned by the
Commission under these rules.
S. 14 (1). 2. Medical and sanatorium benefits, and additional benefits in
the nature of medical benefit, are administered by the Committee
RULES OF A WORKMEN'S UNION. l-52r
for the county (or county borough) in which the insured member
entitled to them is for the time being resident.
All other benefits are administered by the Society, and all
applications relative to them must be addressed to the branch
secretary .
3. An insured member who, being an employed contributor, S. 15 (2) ().
was on the loth day of July, 1912, between the ages of sixty- S- 49-
five and seventy, shall be entitled to benefits in accordance with
Table F in the hands of the General Secretary and branch
secretary.
4. An insured member shall be suspended from benefits while s. 51 (2).
he is an inmate of and supported by any institution to which a
certificate of exemption has been granted under the Act.
Sill
5. No member shall assign or charge any benefit payable to him
under this rule. Any such assignment or charge is void.
8. MEDICAL BENEFIT.
1. Medical benefit means medical treatment (including attend- " ., ,L
ance, medicines, and appliances) or a payment in lieu thereof.
2. The right to medical benefit will not commence until the s - 8 ( 8 ) ^
loth day of January, 1913.
3. No insured member will be entitled to medical benefit while s - 8 W-
S 81 (9)
resident temporarily or permanently elsewhere than in England,
Scotland; or Wales.
4. Notwithstanding anything in these rules an insured member S- 14 (*)
shall be entitled to medical benefit during a disease or disable-
ment caused by his own misconduct.
5. The right to medical benefit does not cease at the age of
seventy.
9. SANATORIUM BENEFIT.
1. Sanatorium benefit means treatment in sanatoria or other '
institutions, or otherwise, when suffering from tuberculosis or such
other diseases as the Local Government Board, with the approval
of the Treasury, may appoint.
2. In order to be entitled to this benefit a member must be
O -i /% /O \
(a) recommended for it by the Insurance Committee; and s ' 8(4)
(b) resident in the United Kingdom (unless temporarily resi-
dent in the Isle of Man or the Channel Islands).
1526
TRADE UNIONS.
8. 12 (2) (b). 3 If an insured member is receiving sanatorium benefit as an
inmate of an institution and has no dependants, his sickness or
disablement benefit, as the case may be, shall be paid to the
Insurance Committee administering the benefit.
4. The right to sanatorium benefit does not cease at the age of
seventy.
10. SICKNESS AND DISABLEMENT BENEFITS.
S. 8 (1) (e). I. Sickness benefit means periodical payments during illness,
commencing on the fourth day, and continuing for not more than
S. 8 (8) (b). twenty-six weeks; but no member shall have a right to sickness
benefit until he has been insured for twenty-six weeks and has
paid twenty-six weekly contributions.
S. 8(i)(rf). 2. Disablement benefit means periodical payments during the
S. 8 (8) (e). remainder of illness after sickness benefit has ceased; but no mem-
ber shall have disablement benefit until he has been insured for
104 weeks and has paid 104 weekly contributions.
S. 8 (i) (e). 3. An illness shall not be deemed to commence or continue
unless the member is rendered incapable of work by some specific
disease or by bodily or mental disablement.
S. 8 (8). 4. In the case of illness commencing before an insured mem-
ber is qualified for benefit, benefits shall become payable as soon
as he is so qualified.
S. 8 (1) (c). 5. An insured member shall send notice of illness to the branch
secretary of the Society, in the form laid down at the end of
this rule, as soon as possible after the commencement of the illness,
whether he is entitled to claim benefit in respect of the illness or
S. 47 (4) ( f). not, and shall not be entitled to sickness benefit until he has sent
to the branch secretary a declaration of incapacity for work, and a
medical certificate or other sufficient evidence of incapacity and
the cause thereof. He may also be required to deposit his con-
tribution card and insurance book with the branch secretary.
6. An insured member shall in like manner send to the secretary
a declaring off note as soon as he is capable of work and before
returning to work.
8.8(3). 7. These benefits shall cease when an insured member attains
the age of seventy.
8. The ordinary rates of sickness and disablement benefit shall
Schedule. De those specified in line 1 of Table I. appended to these rules.
RULES OF A WORKMEN'S UNION.
9. An insured member under the age of twenty -one years, who s - 9 ( 1 )-
is unmarried and has no members of his family wholly or mainly g^edule
dependent upon him, shall be entitled only to the benefits specified
in line 2 of that table.
Provided that, whore any such person being a member of an
approved society proves that one or more members of his family
are wholly or mainly dependent upon him, the Society shall
dispense with such reduction.
10. An insured member who became an employed contributor s. 9 (3).
before the 15th day of July, 1913, and was fifty years of age , ur !; h ,
, ., Schedule.
or upwards at the date when he became an employed contributor,
shall be entitled only to the benefits specified in line 3 of that
table, and if sixty years of age or upwards at the date of becoming
insured, to those specified in line 4 of that table, unless in either
case at the date of claim 500 weekly contributions have been paid
by or in respect of him.
11. No member shall be entitled to these benefits while resident S. 8 (4).
elsewhere than in the United Kingdom, unless temporarily resi-
dent in the Isle of Man or the Channel Islands, but any member
desiring, while in receipt of benefit, to reside temporarily else-
where, may apply to the branch for permission, and if permission
is granted, these benefits may continue to be paid.
12. For the purpose of calculating the rate of benefit, any two S. 8 (5).
periods of illness in respect of which sickness benefit is paid, S- 47 '^'
unless separated by an interval of at least twelve calendar months
during which at least fifty weekly contributions have been paid,
shall be reckoned as one illness. This paragraph shall not apply
to a member who is entitled to receive remuneration from his
employer during sickness and who pays a reduced contribution
under these rules unless the doctor attending that member certifies
that the two periods are in fact one illness.
13. If an insured member, being an employed contributor, is S. 10 (2).
in arrear for four weeks on the average for every year since his
entry into insurance, the rate of sickness benefit shall be reduced
by sixpence a week, and a further reduction of sixpence shall be
made for every complete additional week for which he is so in
arrear, until it is reduced to 5s. a week, and thereafter the com-
mencement of benefit shall be postponed by one day for every
further week of arrears in accordance with Table II. appended to
these rules.
1528
TRADE UNIONS.
8 - 10 ( 3 )- 14. If an insured member, being a voluntary contributor, is
in arrear, his benefits shall be proportionately reduced in accord-
ance with Table 0.
S. 9 (4). 15. If an insured member, not having been previously insured
under the Act, becomes employed on or after the 15th day of
July, 1913. being then of the age of seventeen or upwards, and
cannot prove that his time since he attained that age has been
spent in unpaid apprenticeship or in the completion of his
education, then unless he pays the difference between the voluntary
and the employed rate or the capital value of that difference, his
sickness benefit shall be reduced in accordance with Table D;
but if such a member at any time so elects he shall be entitled
to sickness benefit calculated as if he had entered into employment
on his seventeenth birthday or on the 15th day of July, 1913,
whichever is later, and was in arrears for ail contributions between
that day and the date when he actually became employed.
S. 10(1), 16. If an insured member has been suspended from all benefits
on account of arrears and becomes employed he shall be entitled to
reduced benefits in accordance with the said Table D as if the
date of his so becoming employed was the date of his entry
into insurance and after the like waiting periods, but he may at
any time elect to receive in lieu of those benefits the benefits to
which he would be entitled if the period from his original entry
into insurance were taken as a whole.
S. 6 (2). 17. An insured member who, having joined the Society as
a voluntary contributor and having become employed, has given
notice of his desire to pay contributions at the employed rate
shall be entitled to sickness benefit only at the rate specified in
Table E.
18. An insured member by or on behalf of whom reduced con-
tributions have been paid in accordance with sect. 47 or 53 of
the Act shall not be entitled to sickness benefit
S. 47 (4) (a). (a) while his employer is liable to pay him remuneration as
therein provided, or
(b) during the first six weeks of any illness which commences
while he is temporarily unemployed, or while having
S. 53. ceased to be employed he is a voluntary contributor pay-
ing contributions at that reduced rate.
At the expiration of either period benefit shall become pay-
able, but for the purpose of calculating the rate and duration
RULES OF A WORKMEN'S UNION.
thereof, it shall be deemed to have been already paid for six
weeks.
19. An insured member who has paid contributions at a reduced S. 47 (6).
rate in accordance with sect. 47 or 53 of the Act, and who becomes
a voluntary contributor, may give notice to the branch secretary
that he desires to become an ordinary voluntary contributor, and
may pay contributions at the full rate, and after paying twenty- S. 53.
six such contributions, or, with the consent of the Executive
Council in a particular case, any less number, he shall be an
ordinary voluntary contributor, and shall be entitled to sickness
benefit on the fourth day of sickness, but until that time the last
foregoing paragraph hereof shall continue to apply to him.
20. If an insured member is not a British subject, the sickness S. 45.
and disablement benefits to which he is entitled shall be those
specified in Table Gr.
21. Any member who
(a) returns to work without sending to the branch secretary S. 14 (2) (d).
not later than the same day a declaration off benefit;
or
(b) makes any false declaration as to incapacity for work; or
(c) attempts in any manner to impose upon the funds of
the society,
shall be liable to be suspended from these benefits for a period
not exceeding one year, and to be fined in a sum not exceeding
10s., or in case of repeated breaches 20s., or in case of fraud upon
the funds of the Society to be expelled from the Society.
22. A member in receipt of sickness or disablement benefit S. 17.
(a) Shall obey the instructions of the doctor attending him;
(b) Shall not be absent from home before 7 o'clock in the
morning nor after 9 o'clock in the evening from the
first day of April to the last day of September, nor
before 8 o'clock in the morning nor after 7 o'clock
in the evening from the last day in September to the
first day of April, and shall not be absent at any time
without leaving word where he may be found, pro-
vided that the branch or branch secretary may, if they
think fit, exempt the member from the operation of
this rule upon such conditions as they may impose;
(c) Shall not leave the town where he resides without the
consent of the branch secretary on medical advice;
1530
TRADE UNIONS.
(d) Shall not be guilty of conduct which is likely to retard
his recovery.
23 . Sickness and disablement benefit shall not be paid in respect
of Sundays, but one-sixth of the weekly sum shall be paid in
respect of each week day.
s - 9 ( 2 )- 24. If the sickness or disablement benefit to which an insured
member is entitled under this rule is more than two-thirds of the
usual rate of wages or other remuneration earned by such insured
member, the Executive Council shall have power (with the consent
of the Commission) to reduce such benefit and give to the insured
member one or more additional benefits of equal value, ascertained
according to Table H.
25. The branch secretary or person paying any benefit on behalf
of the Society shall take a written receipt for every such payment.
26. The Executive Council shall require an insured member
while drawing sickness or disablement benefit to send to the branch
secretary once in each week, or at such longer intervals as the
branch may require, a medical certificate or other sufficient
evidence of incapacity for work, stating the cause of such in-
capacity, and may require the member to submit to a medical
examination by a doctor appointed by the branch for the purpose.
S. 14 (2). 27. No insured member shall be suspended from benefit for
a period exceeding one year, except as the Act provides, and no
insured member shall be subject to any penalty or suspended
from any benefit on account of refusal to submit to vaccination
or inoculation of any kind or to a surgical operation, unless such
refusal, in the case of a surgical operation of a minor character, is
considered by the Executive Council, or, on appeal, by the Com-
mission, unreasonable.
FORM OF DECLARATION ON SICK BENEFIT.
To the Secretary of the - - Branch.
The - - day of - , 19.
Sir, This is to inform you that I became on the day of
, 19 , incapable of working at my trade on account of - ,
and I therefore request sick benefit on and from that date, not
having worked any portion of that day.
Name . (Signed) - .
Address .
No. of Card .
RULES OF A WORKMEN'S UNION. 1531
FORM OF DECLARATION OFF SICK BENEFIT.
To the Secretary of the - - Branch.
The - - day of - , 19.
Sir, This is to inform you that I became on the - - day of
, 19 , again able to work at my trade, and was, therefore,
on and from that day disentitled to sick benefit.
(Signed) .
Name .
Address
No. of Card
1 1 . COMPENSATION CLAIMS .
1. An insured member who has received or recovered, or is s. n (i) ().
entitled to receive or recover, any compensation or damages from
any person in respect of any injury or disease, under the Work-
men's Compensation Act, 1906, or any scheme certified thereunder,
or under the Employers' Liability Act, 1880, or at common law,
shall be entitled in respect of that injury or disease only to so
much sickness or disablement benefit (if any) as is required to
make up the weekly value of such compensation or damages to
the amount of the benefit to which he would be entitled but for
this rule.
2. If the compensation or damages are recovered as a lump s. il(l)(4).
sum, the Executive Council may determine the weekly value of
that lump sum for the purpose of the preceding paragraph.
3. If a member unreasonably refuses or neglects to take pro- g u /^
ceedings to recover such compensation or damages, the Executive
Council may either withhold payment of these benefits, or take
proceedings on his behalf at the expense of the Society.
4. Notwithstanding anything in these rules the branch com- s. n (3).
mittee may pay to an insured member who has been incapacitated
for work for a period exceeding two weeks, sickness benefit by way
of advance pending the settlement of any such claim, and, in the
event of the member not being entitled to such benefit, he shall
repay the advanoe, and the branch committee may recover it by
deductions from or suspension of any benefits to which he may
subsequently become entitled, or in any other lawful manner.
5. If an insured member enters into any agreement as to the
B! VOL. ii. 43
TRADE UNIONS.
amount of any compensation payable to him in respect of any
injury or disease, or as to the redemption of such compensation
by a lump sum, he shall give notice in writing to the branch
secretary within three days, setting out the particulars of the
iigreement.
12. MATERNITY BENEFIT. (HUSBAND'S INSURANCE.)
8. 8 (1) (e). j Maternity benefit means the right of an insured member
of any ago on the confinement of his wife, or the right of the
widow of such a member confined of a posthumous child, to a
payment of 30s. in cash or otherwise.
8. 8 (8) (d). 2. A member will not be entitled to this benefit until twenty-
six, or in the case of a voluntary contributor fifty-two, weeks after
his entry into insurance, nor until the same number in each case
of weekly contributions has been paid by or in respect of him.
S. (8) (4). 3. A member will not be entitled to this benefit while he is
resident elsewhere than in the United Kingdom, unless he is
temporarily resident in the Isle of Man, or the Channel Islands,
or unless his wife is, at the time of her confinement, resident in
the United Kingdom.
S. 12 (i). 4. A member shall not be entitled to this benefit in respect
of his wife if she is an inmate of any of the institutions mentioned
in the rule relating to hospitals:
8. 12 (2) (ii). Provided that where any persons are dependent upon her, and
she is not herself entitled to maternity benefit, the branch com-
mittee may, if they think fit, pay to the insured member or other-
wise the whole or any part of such benefit for the maintenance of
those dependants.
S. 18 (i). 5. The wife (or widow) of an insured member in respect of
whom this benefit is payable must be attended in her confinement
either by a duly qualified medical practitioner or by a duly cer-
tified midwife, and shall herself select any person with either
qualification for the purpose. But if she selects a midwife, and in
pursuance of. the Mid wives Act, 1902, the midwife advises that
a duly qualified medical practitioner be summoned, the fee to the
latter, prescribed by the Commission, shall be paid by the Society,
and deducted from the benefit.
S. 18 (i). 6. The benefit shall be payable in cash or otherwise at the
discretion of the branch committee, and any part thereof may, in
RULES OF A WORKMEN'S UNION.
the discretion of the local committee, be paid direct to the doctor
or midwife attending at the confinement. A member shall give
notice to the branch secretary of the confinement of his wife
within seven days after it has taken place. He shall also, if
required, produce a copy of the marriage certificate of the parties,
or such other satisfactory evidence of the marriage as may be
required, and a certificate signed by the doctor or midwife by
whom the confinement was attended.
7. Breach of any of these rules shall not disqualify a member S. 14(2)(/).
for this benefit unless the wife is herself a party to that breach.
8. In the case of an insured member who is not a British sub- S. 45 (2) (iii)
jcct the payment of maternity benefit shall be reduced in
accordance with Table G.
9. For the purpose of these rules, " confinement " means labour
resulting in the issue of a living child, or labour after twenty-
ight weeks of pregnancy resulting in the issue of a child whether
alive or dead.
The attention of members is called to sect. 19 of the Act,
which requires a husband receiving maternity benefit to make
.adequate provision for his wife to the best of his power, subject
to a penalty.
13. NAVAL AND MILITARY MEMBERS.
Subject to Part I. of these rules:
1 . Sailors, marines, and soldiers (Army and Navy artificers) S. 46 (i).
from whose pay deductions are made under sect. 46 of the Act,
shall be qualified to be insured members of the Society.
2. During the continuance of their service in the navy or army
such members shall be known as naval and military insured mem-
bers of the Society, and the employed rate for such members shall
be 3d., but they shall not be liable to pay any contributions
beyond such deductions from their pay, or any levy whatever.
3 . Naval and military insured members shall be entitled to S. 46 (2).
maternity benefit notwithstanding that both the member entitled
.and his wife are at the time of confinement outside the United
Kingdom, but shall not be entitled to any other benefits.
4. Naval and military insured members on discharge from their s. 46 (2).
service shall be ordinary insured members, and if they were not
insured persons before enlistment on the same terms as if they had
43(2)
1534 TRADE UNIONS.
S. 46 (4) (i). become insured persons on the 15th day of July, 1912, or on the
day of their enlistment, whichever was later.
14. MARINE MEMBERS.
Subject to Part I. of these rules:
1. - - in sea, river, or lake service and sea-fishing service
shall be qualified to become and be insured members of the Society,
and shall be known as marine members.
8. 48 (2). 2. A marine member while serving in the foreign trade shall
not be required to pay more than forty-two actual contributions
in any one year, and every four such contributions paid or pay-
able by him while so serving shall be deemed to be five contri-
butions for the purpose of reckoning his own but not his
employer's contributions and his arrears.
8.48(2). 3 p ne employed rate in respect of a marine member while
serving in the foreign trade shall be Qd. per week.
4. A marine member shall not be entitled to medical, sickness,
or disablement benefit during any period during which the owner
S. 48 (1). of his ship is liable under the Merchant Shipping Acts to provide
him with maintenance and surgical and medical attendance.
15. INVESTMENT AND MANAGEMENT OF FUNDS UNDER THE ACT.
S. 56 (i) (i). i jt shall be the duty of the General Trustees (hereinafter
referred to as the " General Trustees ") to receive from the Com-
mission from time to time such capital sums standing to the credit
S. 56 (2). of the Society in the National Health Insurance Fund as the
Commission may by law pay over to the Society for investment,
and to invest such moneys on behalf of the Society in their own
names, in such manner as the law permits, and in accordance with
the rules of the Society:
S. 56 (3). Provided that the General Trustees shall, if so directed by the
Executive Council, request the Commission to retain such sums
for investment on behalf of the Society, and shall from time to
time, with the consent of the Executive Council, direct the Com-
mission to invest or vary the investment of such funds in such
manner as the Executive Council may lawfully determine.
S. 56 (1), Provided also that, if at any time the Society so determines, all
proviso. capital sums standing to the credit of the Society in the National
Health Insurance Fund, and available for investment, shall be
RULES OF A WORKMEN'S UNION. 1535
transferred to the credit of the Society in the investment account,
and it shall be the duty of the General Secretary to give notice
to the Commission accordingly.
2. It shall be the duty of the General Secretary or such other s. 26 (4).
officer or officers as the Commission may approve, to receive from |* g* jjj'
the Commission from time to time all sums paid by them to the
Society for the purpose of providing benefits and for expenses S. 56 (4).
of administration, and all sums paid to the Society as interest
or dividends on investments held by the Commission on behalf
of the Society, and to receive all interest or dividends on invest-
ments held by them on behalf of the Society under this rule,
and to pay over to the General Trustees out of such moneys all
sums immediately required for the payment of the benefits to
which insured members are entitled under the Act, and for the cost
of administration of such benefits, and to keep in accordance with
the rules of the Society, all of such sums not immediately required
by the General Trustees for the purposes aforesaid: S. 36 (2\
Provided that the sums so paid to the General Trustees for
expenses of administration shall not exceed the sums which may
under these rules be carried to administration account out of such
moneys.
3. The funds standing to the credit of the Society in the s. 35 (4).
National Health Insurance Fund, or invested on behalf of the
Society under this rule, and all interest and dividends arising
out of such funds, and all moneys arising from contributions under
the Act, shall be kept separate from all other funds and moneys of
the Society, and shall be used for the purpose of providing benefits
for insured members under the Act and for the cost of adminis-
tration of such benefits and for no other purpose.
4. Any receipts arising out of the business of the Society under
the Act whose application is not otherwise provided for under
these rules shall be carried to such account for the benefit of
insured members as the Executive Council may determine.
5. All sums received by the General Trustees or other officers
of the Society, unless invested, shall be kept at such banks or
otherwise, and the accounts thereof shall be operated on in such
manner as may from time to time be approved by the Executive
Council. The names of the General Trustees shall be sent by
the General Secretary to the Insurance Commissioners within
fourteen days of their election.
1536 TRADE UNIONS.
6. The Society will be entitled to be repaid any suras advanced
out of the funds belonging to, or raised under, the rules of the
Society for the payment of benefits or administration expenses,
such advances to be repaid by the General Secretary out of the
moneys received by him from the Commissioners, together with
interest thereon at such rate as may be credited by the Com-
missioners on the sums invested, or credited to the Society in
the investment account.
16. MEMBERS IN HOSPITALS, &c.
1. If an insured member is an inmate of any workhouse,
hospital, asylum, convalescent home, or infirmary supported by
any public authority or out of any public funds, or by a charity
or voluntary subscriptions, or institution approved for the pur-
S. 12 (2) (a), poses of sanatorium benefit, his sickness or disablement benefit
shall not be paid to himself, but if he has dependants the whole
or part of it may be applied by the branch committee after con-
sultation, when possible, with the member, in the relief or main-
tenance of his dependants, and the balance or part thereof may
be expended on surgical appliances or otherwise for his benolit.
S. 12 (2) (c). 2. Where an agreement for the purpose has been made between
the Executive Council and any hospital, asylum, convalescent
home, or infirmary supported by charity or by voluntary subscrip-
tions, and an insured member who has no dependants is an inmate
of the institution, the whole or part of any benefit to which he
would have been entitled but for the last preceding paragraph shall
8. 12 (2) (i). b e paid to the institution towards the maintenance of such mem-
ber, and the balance or part thereof may be expended on surgical
appliances or otherwise for his benefit.
8. 21. 3. The Executive Council may, notwithstanding anything in
these rules, out of the funds out of which benefits are payable
under these rules, grant subscriptions or donations, as it may
think fit, to hospitals, dispensaries, and similar charitable insti-
tutions, or for the support of district nurses, and sums so expended
shall be treated as expenditure on such benefits as may be pre-
scribed by regulations of the Commission.
RULES OF A WORKMEN'S UNION.
17. EXPULSION AND WITHDRAWAL.
1 . A member will be liable to expulsion on any of the following
grounds: Wilful and material mis-statement or omission upon
his application for membership, the making of any fraudulent
claim upon the Society, the repeated breach, or serious wilful
breach, of the Act or any rule of the Society, conviction for felony
or other criminal offence, or other immoral conduct or serious
personal misconduct.
2. Except for such misconduct as aforesaid no male member s. 28.
shall be expelled who by reason of the state of his health cannot
obtain admission into another approved society, and no member
unless the Society can prove that he has actually been accepted
for membership by another approved society offering equal
advantages.
3. All fines by this rule or elsewhere by these rules imposed
shall be inflicted, if relating to this part of the Act, by the branch
secretary, and failing him by the branch president. If the branch
secretary or president fail to impose any fine when due, they
shall each be liable to a fine of Is.
4. All fines by this rule or elsewhere by these rules imposed
shall be paid within fourteen weeks from the imposition of such
fine, or if not then paid shall be treated as arrears of contributions.
18. APPEALS.
1st Court of Appeal Summoned meeting of the branch .
2nd ,, Executive Council.
1 . Any member in this section of this society, or persons claim-
ing on behalf of a member, finding himself or themselves
aggrieved, or having any complaint against the officers or mem-
bers, or who may be excluded for benefits improperly received,
or otherwise, must first appeal to a summoned meeting of his
branch for redress within eight weeks from the date of sucli
dispute, or from the date of his exclusion. All such appeals must
be made in writing. If not satisfied, he or they must appeal
within four weeks to the Executive Council, if notice in writing be
given to the branch secretary. All documents concerning the
said appeal must be read to the meeting by the president, and
the branch secretary shall then attach the seal before sending
1538 TRADE UNIONS.
them to the Executive Council, and shall furnish no other evidence
than that heard before the branch. No appeal will be ruled out of
date through the neglect of any secretary.
2. Immediately upon the expulsion or withdrawal of an insured
s! 43 (i)'(ff). member the General Secretary shall give notice thereof to the
Commission, stating therein the name, address, and age of such
member, and the date at which such member became insured
under the Act.
S- 31. 3. If an insured member is expelled or withdraws from the
Society, there shall be transferred in respect of him to any other
approved society of which he may become an insured member or
to the Post Office fund, or otherwise dealt with in accordance
with the Act, such sum as the Act provides; but no such sum
shall be transferred to another approved society in respect of a
member who withdrew from this Society without the consent
of the Executive Council if the Executive Council prove to the
Commission that their consent was not unreasonably withheld.
4. If an insured member ceases permanently to reside in the
United Kingdom and joins a colonial or foreign society approved
for the purpose by the Commission, or a colonial or foreign branch
of an approved society, the like sum shall be transferred in respect
of him.
S. 33. 5. An insured member who has been an insured member of
the Society for not less than five years, and who has ceased per-
manently to reside in the United Kingdom, but has not joined
any such foreign or colonial society or branch as aforesaid, may,
with the consent of the Executive Council, become and continue to
be an ordinary member of the Society, and his transfer value
shall be dealt with in accordance with the Act.
6. An insured member shall have the right, subject to the rule
relating to disputes, to appeal to the Commission against any
decision expelling him from the Society.
19. SECURITY.
S. 26. The Society shall give such security in respect of the funds
arising out of the business of the Society under the Act as the
Commission may require.
RULES OF A WORKMEN'S UNION. 1539
20. OFFENCES.
1. In the case of breaches of any rule in Part II. of these rules S. H (2).
for which no penalty is assigned, the branch committee shall have
power to inflict a fine or suspension of benefits; provided that an
insured member shall not be fined in an amount exceeding 10s.,
or in the case of repeated offences 20s., and shall not be suspended
from any of the benefits under the Act for more than twelve
months.
2. An insured member who has been fined, and has failed to
pay the fine within four weeks, shall be suspended from benefit
until the fine is paid, but not for more than one year, and if the
fine is not paid before the end of one year may be expelled from
the Society.
3. An insured member shall have the right to appeal to the
Commission against any decision imposing a penalty upon him
or suspending him from benefits.
N.B. The attention of members is called to the following
provisions of the Act:
(a) If any insured member was at the time of joining this S. 34.
Society, or afterwards becomes, or attempts to become,
a member of any other approved society for the pur-
poses of the Act or a deposit contributor while still an
insured member of this Society, he shall be liable to a
fine not exceeding 10.
(b) If any member or officer of the Society, for the purpose s. 69 (i).
of obtaining any benefit or payment or the crediting
of a reserve value under the Act, either for himself or
any other person, knowingly makes any false statement
or false representation he is liable to imprisonment for s - 55 (5)-
a term not exceeding three months, and any reserve
value obtained by such mis-statement may be cancelled
and the benefits reduced accordingly.
(c) If any member refuses to give any information required S. 112.
by any Inspector appointed under the Act as to any
matter arising under the Act, he is liable to a fine not
exceeding 5.
(d) If it is found at any time that any insured member has been S. 71.
in receipt of any payment or benefit without being law-
fully entitled thereto, he, or, in the case of his death
his personal representatives, shall be liable to repay to
1540 TRADK UNIONS.
the Commission, to the credit of the Society, the amount
of such payment or benefit.
21. ACCOUNTS.
The General Secretary shall comply with all regulations and
instructions of the Commission as to the accounts relating to
the business of the Society under the Act, and all such regula-
tions and instructions issued or to be issued are hereby incorpo-
rated in these rules.
22. ADMINISTRATION EXPENSES.
In the absence of anything to the contrary in these rules the
Executive Council shall be deemed the authority to incur expenses
for administration.
1. A separate account shall be kept showing the sums spent
by the Society in administration, and not more than the sum
allowed by the regulations of the Commission shall be carried to
the credit of that account out of tho contributions under the Act.
2. If at any time the administration account shows a deficiency
the Executive Council shall, in accordance with the regulations
of the Commission, forthwith declare a special levy upon all
insured members for the purpose of meeting such deficiency, if
not otherwise defrayed.
23. INSPECTION OF BOOKS.
S. 35 (1) (). 1 . The Executive Council shall cause the books and accounts
of the Society to be kept open at all reasonable times to the inspec-
tion of any member or person having an interest in the funds of
the Society, at the office of the Society, or at any place where the
same are kept, and it shall be the duty of the secretary to produce
the same accordingly.
2. It shall be the duty of the General Secretary to keep a copy
of the last annual statement of accounts of the Society and of
the last valuation, together with any report of the Commission
upon the audit or valuation, always exhibited in a conspicuous
place at the office of tho Society.
RULES OF A WORKMEN'S UNION. 1541
24 . AUDIT .
1. The General Secretary shall, when, required by the Com-
mission, submit all accounts relating to the business of the Society
under the Act, together with all necessary vouchers, for audit to
an auditor or auditors appointed by the Treasury, and shall imme-
diately after the end of the Society's financial year, prepare and
submit when required to such auditor or auditors a general state-
ment of the accounts for the preceding year showing the income
and expenditure, funds, effects, and liabilities of the Society.
The auditors shall have access to the books and accounts of the
Society relating to the business of the Society under the Act,
and to all deeds and documents of title and securities for money
of the Society which may be required by them, and it shall be
the duty of the General Secretary to furnish forthwith all such
information relating to the affairs of the Society as the auditors
may require.
2. The General Secretary shall lay before the Society the
annual statement of accounts when audited, together with a state-
ment of the affairs of the Society during the year then past and
of their then condition, and any communication made to the
Society by the Commission upon such audit, and such statements
and communications shall be considered at the next following
branch meetings.
25 . RETURNS .
1. The General Secretary shall send to the Commission such 8. 35 (i) (rf).
returns of the income and expenditure, funds, effects and lia-
bilities of the Society, and of the number, sickness, and other
particulars of insured members of the Society, as the Commission S. 36 (3).
may require, showing separately the expenditure in respect of
the several benefits.
2. The General Secretary shall provide the branch secretaries
with a sufficient number of copies of the annual return, or of a
balance sheet or other document duly audited containing the
same particulars of the receipts and expenditure, funds, effects
and liabilities of the Society as are contained in the annual return,
for supplying gratuitously every member or person interested in
the funds of the Society, on his application, with a copy of the-
last annual return, or of such balance sheet or other document as
1542
TRADE UNIONS.
aforesaid, for the time being, and it shall be the duty of the
General Secretary to supply to every member without application
such annual return, balance sheet, or other document as aforesaid,
or a sufficient abstract thereof.
26 . VALUATIONS .
S. 36. 1 . Once in every three years or at such other times as the
Commission may appoint, the assets of the Society, being all
S. 3o (ij (b). the funds and credits of the Society under the Act, and the
liabilities of the Society to insured members for benefits under the
Ss. 36 (2), Act (including additional benefits and including the estimated
risks and contributions) shall be valued in such manner and upon
such basis as the Commission may prescribe by a valuer appointed
by or with the approval of the Treasury.
S. 35 (3). 2. It shall be the duty of the General Secretary as soon as may
be after such valuation to lay before the Society the abstract of
the results of valuation and any report made to the Society thereon
by the valuer or by the Commission. "
27. SURPLUS.
Ss. 37 (i) (e). 1- If upon valuation a surplus is found, then, subject to the
provisions of the Act, the Society may submit to the Commis-
sion a scheme prepared in such manner as the Society may here-
after determine for distributing out of such surplus one or more
of the additional benefits allowed by the Act to insured members.
S. 37 (i) (a). 2. If the Commission sanction such scheme the Executive
Council shall distribute such additional benefits as benefits under
the Act.
28 . DEFICIENCY .
Ss. 38 (i) (*), 1 . If upon valuation of the insurance funds and liabilities of
the Society in manner aforesaid a deficiency is found, the Society
shall submit to the Commission a scheme prepared in such manner
as the Society shall hereafter determine for making good the
deficiency in so far as it is not otherwise made good, but such
scheme shall not affect any member over seventy years of age,
or any member not an insured member at the time as at which
the valuation was made.
RULES OF A WORKMEN'S UNION. 1543
2. On the sanction of the Commission being given to any such
scheme, that scheme shall, during its continuance in force, be
incorporated in these rules.
3. If a scheme so approved by the Commission involves a com- S. 38 (1) (#).
pulsory levy upon insured members of the Society, the Executive
Council may take steps to require all or any insured members
to pay the amount of the levy as a part of the contributions of
such insured members under the Act.
4. An insured member who, having been a member of the s. 38 (1) ().
Society at the time as at which a valuation disclosing a deficiency
was made, is transferred to another approved society before the
deficiency is made good shall nevertheless be liable to any reduc-
tion in benefits or to any levy in respect of such deficiency in
like manner as if he had continued to be an insured member of
the Society.
5. If a member chargeable with a levy under this rule falls S. 38 (i) (d}.
into arrears, his arrears of levy shall be reckoned for the purpose
of reduction or suspension of benefits as arrears of contributions
to the same amount.
29 . DISPUTES .
1. If any dispute shall arise between an insured member or S. 67 (1).
a person who has ceased to be an insured member, or person claim-
ing through such member or person, or under the rules, and the S. 76 (i).
Society, or the Executive Council or any officer of the Society,
it shall be decided in accordance with these rules.
2. Any party to such a dispute arising under the Act may, S. 67 (i).
in such cases and in such manner as the Commission prescribe,
appeal from such decision to the Commission.
30. INSPECTION.
1. It shall be the right of one-fifth of the total number of S. 57 (5).
insured members, or if the number of insured persons is 1,000
and less than 10,000, then of 100 such members, or if the number
of insured members is more than 10,000, then of 500
such members, by an application in writing to the Commission F. S. Act,
signed by them in the prescribed form, to apply for the appoint- 8 ' '
ment of one or more inspectors to examine into the affairs of the
Society and to report thereon.
1544 TRADE UNIONS.
2. Every such application shall be supported by adequate
evidence, for the purpose of showing that the applicants have good
reason for requiring an inspection to be made, and that they are
not actuated by malicious motives in their application, and seven
days' notice thereof, stating the grounds of the application, shall
be given by the applicants to the Executive Council. Provided
that nothing in this rule shall be deemed to derogate from the
powers possessed by the Commissioners under sect. 57 (5) of the
Act in regard to empowering inspectors appointed by them to
exercise in respect of the Society any powers given by sect. 76
of the Friendly Societies Act, 1896, to inspectors appointed there-
under.
31 .DISSOLUTION .
8. 28 (2). i rphe Society may be dissolved by consent of nine-tenths of
its members voting in meeting duly summoned for the purpose;
or whenever the number of members is reduced to fifty by deaths
and by exclusions in conformity with the rules, a majority of
the remaining members may, in meeting assembled at the regis-
tered office of the Society, finally dissolve the Society; and after
discharging all debts and liabilities legally incurred in the
Society's name they may divide the funds, if any, among the
whole of the members in equal portions.
2. The Society shall not be dissolved except with the sanction
of the Commission and, so far as insured members are affected,
in manner prescribed by the Commission.
32. AMENDMENT OF RULES.
The draft of any proposed new rule or amendment of the rules
shall be submitted to the Commission, and such proposed rule or
amendment shall not come into force until the expiration of thirty
days after such submission; and if the Commission are of opinion
that the proposed new rule or amendment is such as to affect the
business of the Society under the Act, and to effect any material
change in the objects of th^ Society or the methods by which
those objects are to be attained to the prejudice of insured mem-
bers, the Commission may so inform the Society, and in that case
the proposed new rule or amendment shall not come into force.
RULES OF A WORKMEN'S UNION. 1545
33. INTERPRETATION OF RULES.
1. Nothing in these rules shall be held to entitle any insured s. -54(1).
member to any benefits (except benefits for which he pays a
separate contribution under Part I. of these rules) other than
those which the Society may lawfully pay out of contributions
under the Act, or to deprive him (otherwise than as the Act
permits) of any benefits to which he may be entitled under the
Act, or to require him to pay any contributions, other than lawful
fines and levies, which he is not required by the Act to pay.
2. Except where otherwise required by the context all terms
used in these rules have the same meaning as in the Act.
3. An insured member who, not being a British subject, was
below the age of seventeen at the date of becoming insured under
the Act, or who was, on the 4th day of May, 1911, a member of
a society which, or a separate section of which, becomes or became
an approved society, and had been resident in the United Kingdom
for five years or upwards, or who transferred to an approved
society or to the Post Office fund in pursuance of an agreement
with the Government of any foreign State shall be treated as a
British subject for the purpose of these rules.
4. The expression " Commission " means the Insurance Com-
missioners approving the Society and the Insurance Commis-
sioners for that part of the United Kingdom in which the prin-
cipal office of the Society is situate.
5. The expression " Insurance Committee " includes District
Committee or other body administering medical or sanatorium
benefit.
34. SURPLUS OR DEFICIT SCHEME.
Notwithstanding anything contained in these rules, a poll of
all the members of the Society shall be taken on any scheme for
the disposal of any surplus or for the making good of any deficit
that may have resulted from the working of the Society (the
word " society " for this purpose having the same meaning as
that contained in sub-sect. 3 of sect. 83 of the Act).
35. IRISH MEMBERS.
These rules shall apply to insured members of the Society resi-
lient in Ireland, subject to the following modifications:
Employed Rate. 6^d. shall be substituted for 7d. per week
for men as the " Employed Kate " of contribution.
1546 TRADE UNIONS.
Deductions by Employers (to be substituted for Table III.).
The following deductions may lawfully be made by employers
from the wages of insured members who are employed contri-
butors:
Men.
Where the insured is under twenty-one, or
where board and lodging is given 3d.
In all other cases, then:
If rate of remuneration exceeds 2s. Qd. per
working day 3d.
If rate of remuneration does not exceed
2s. 6d. per working day 2d.
If rate of remuneration does not exceed
2s. per working day \d.
If rate of remuneration does not exceed
Is. 6d. per working day Nothing.
If no money payments are made Nothing.
Where the employer is liable under sect. 47 or 53 of the Act
to pay remuneration during periods of sickness the above
weekly deductions of 3d. and 2d. are reduced respec-
tively to 2d. and Id., and the deduction of \d. is
cancelled .
Where the employer is so liable under sect. 47 or 53 of the Act
3^d. shall be substituted for 5d. per week for men.
Marine Members. The employed rate in respect of a marine
member who has a permanent place of residence in Ireland, while
serving in the foreign trade, shall be 5d. a week.
Medical Benefit. Medical benefit shall not be included among
the benefits to which insured members are ordinarily entitled.
Midwife. " Midwife possessing such qualifications as may be
prescribed," shall be substituted for " Duly certified Midwife."
Commission. The expression Commission means the National
Health Insurance Commission (Ireland) or the National Health
Insurance Joint Committee as the case may require.
National Health Insurance Fund. The expression National
Health Insurance Fund means the Irish National Health Insur-
ance Fund.
Local Government Board means the Local Government Board
for Ireland.
RULES OF A WORKMEN'S UNION.
1547
Medical Certificates. The provisions of sub-sect. 13 of sect. 81
of the Act, relating to the inspection of medical relief registers
in Ireland by the representatives of the Society and to the for-
warding of and payment for medical certificates, shall apply to
this if and when and in such circumstances as the committee of
management shall think fit.
In the case of the Society with members in Scotland, as well Scottish
as in any other part of the United Kingdom, an additional rule members -
in substantially the following form will be necessary:
These rules shall apply to insured members of the Society resi-
dent in Scotland, subject to the following modifications:
(1) " County Borough " means " Burgh," i.e., a Burgh or
Police Burgh containing a population of 20,000 or
upwards.
(2) " Duly certified midwife " means " Midwife possessing
such qualifications as may be prescribed."
(3) " Workhouse " means " Poorhouse."
(4) " County Court or Justices " means " Sheriff's Court."
(!5) " Local Government Board " means " Local Government
Board for Scotland."
(6) " District Committee " means " District Insurance Com-
mittee."
(7) " Commission " means the National Health Insurance
Commission (Scotland), or the National Health Insur-
ance Joint Committee, as the case may require.
TABLE I.
RATE OF SICKNESS AND DISABLEMENT BENEFITS PER WEEK.
Line.
First 13 weeks.
Second 13 weeks.
Rest of illness.
*.
i.
ft,
1
10
10
5
2
6
5
5
3
7
7
5
4
6
5
5
B. VOL.
44
1548
TRADE UNIONS.
TABLE II.
REDUCTION OR POSTPONEMENT OF SICKNESS BENEFIT AND WHERE
CONTRIBUTIONS ARE IN ARREAR.
(i)
(2)
Where the arrears amount to
Rates of sickness benefit.
4 contributions a year on average
6
6
7
8
9
10
11
18
13
. d.
9 6
9
8 6
8
7 6
7
6 6
6
5 6
5
5s. commencing 6th day after commencement of illness.
6th
7th
8th
9th
10th
llth
12th
13th
14th
NOTES.
Where the insured person is, by virtue of any of the provisions
of these rules, other than those relating to arrears, entitled to
sickness benefit at a rate lower than the full rate, this table shall
have effect as if the entries in the first column were so shifted down
that the first entry therein was set opposite the entry in the
second column next below the entry specifying the rate of sick-
ness benefit to which the insured person is entitled.
When the rate of sickness benefit during the first thirteen weeks
to which the insured person is entitled is, by virtue of any of the
provisions of this Act, other than those relating to arrears, less
than 5s. a week, this table shall have effect as if such lower rate
were therein substituted for the rate of 5s. a week.
For instance, in the case of an unmarried man under twenty-
RULES OF A WORKMEN'S UNION.
1549
one whose sickness benefit is 6s. per week for the first thirteen
weeks, if not in arrears, the Table should read as follows:
Where the arrears amount to
4 contributions a year on average -
5
-
6
.
5s. comnu
7
.
8
_
9
10
.
11
_
12
_
13
-
Rates of Sickness Benefit.
8. 'I.
5 6
6
5.s-. commencing 5th day after commencement of illness.
6th
7th
8th
9th
10th
llth
12th
TABLE III.
The following weekly deductions may lawfully be made by
employers from the wages of insured members who are employed
contributors:
Where the insured member is under twenty-
one, or where board and lodging is given... 4d.
In all cases, then
If rate of remuneration exceeds 2s. Qd. per
working day 4d.
If rate of remuneration does not exceed
2s. 6d. per working day 3d.
If rate of remuneration does not exceed
2s. per working day Id.
If rate of remuneration does not exceed
Is. Qd. per working day Nothing.
If no money payments are made Nothing.
In the case of employed contributors who receive remuneration
during sickness and pay a reduced contribution, the lawful weekly
deduction is reduced by Id. below that given in this Table.
Tables A, B, C, D, E, F, G and H are the appropriate tables
supplied by the Commission, and are kept in the possession of
the secretary.
44 (2)
1550
TRADE UNIONS.
TABLE A.
ENGLAND, SCOTLAND AND WALES.
Age.
Weekly
Contribution.
Age.
Weekly
Contribution.
16 at
45
46
47
4S
49
50
51
52
53
54
id under 45
*. d.
7
9
9
9|
10
10
lOi
5o at
56
57
58
59
60
61
62
63
64
d under 56
*. d.
1 Oi
1 l"
1 1}
1 2
1 2
1 24
1 3"
1 3i
1 3i
1 3l
,. 46
57
47
68
,, 48
59
49
60
50
61
,, 51
62
,, 52
o in|
11
11
1
63
53 ,
64
,, 54
, , 65 ........
55
IRELAND.
Age.
Weekly
Contribution.
Age.
Weekly
Contribution.
11)
and under 45
*. d.
5|
55
;i IK! under 56
i. d.
10i
4/i
,, 46
7
5fi
57
o io|
4(1
47
7
57
58
11
47
,, 48
74
58
59
11
4H
49
8
59
60 . .
1
4M
50 .
8
60
61
1
50
51
8
61
62
1 ()'.
51
,, 52
8
6?
63
1 OA
.V>
53
9
63
64
i of
Vi
54 .
ii. 1 ,
64
65 ..
1 i
"t 4
,, 65
10
RULES OF A WORKMEN'S UNION.
TABLE B.
ENGLAND, SCOTLAND AND WALES.
1551
Age.
Weekly
Contribution.
Age.
Weekly
Contribution.
16 and u
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
nder 17
#. d.
7
7
1\
74.
74
7|
?!
8
8
8
8
8
8
9 2
9
9
9^
o gf
< 41 and u
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
! 57
58
59
60
61
62
63
64
nder 42
*. d.
9>
10
10
11
11
III
1 0"
1 1^
1 14,
1 2
1 24.
1 3
1 4 2
i 4
1 5
1 5
1 5
18
43
19
44
20
45
21
46
22
47
23
48
24
49
25
50
26
51
27
52
28
53
29
54
30
55
31
56
32
57
33
58
34
59
35
60
36
61
37
62
38
63
39
64
40
65
41
IRELAND.
Age.
Weekly
Contribution.
Age.
Weekly
Contribution.
16 ai
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
id under 17
. d.
5}
5
6
6
6
6
6
6
6
6
6|
6|
6|
61
6|
6
6
7
7
7
7
7
1\
7
7J
41
42
43
44
45
46
47
48
[ 49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
and under 42
*. d.
8
8
8
8
8
9
9
9|
9
10
10J
10
11
11
1
1
1 OJ
1 1
1 li
I 2
1 2
1 2
1 2
1 2
18 ,
43
19
, 44
20
, 45
21
, 46
22 .
47 .
,, 23
, 48
,, 24
, 49
25
, 50
26 .
, 51
,, 27
, 52
,, 28
53
, 29
54 ,
, 30
55
, 31
56
32
, 57
, 33
, 58
34
59
, 35
60
61
36
37
62
, 38
, 63
39 ,
64 .
, 40
65
,
TRADE UNIONS.
TABLE D.
Age.
Rate of
Sickness
Benefit.
Reserve Value.
England,
Scotland and
Wales.
8. d.
056
10 6
15 6
1 1
1 6 6
1 12
1 18
246
2 11
2 17 6
346
3 12
3 19
466
4 14 6
520
596
5 16 6
636
6 10 6
6 16 6
726
776
7 12
7 15 6
7 17 6
7 18 6
7 17 6
7 14
780
6 18 6
656
576
Ireland.
Hand
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
65
56
57
58
69
60
61
62
63
64
under 18
*. d.
9 6
9
8 6
8
8 o
7 6
7
7
6 6
6 6
6
6
5 6
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
*. d.
1
056
10 6
15 6
1 6
1 6
1 11 6
1 17 6
236
2 10
2 16 6
336
3 10
3 17
446
4 11 6
4 18 6
550
5 11 6
5 18
636
686
6 13
6 16 6
6 19 6
7 1
7 1
6 19 6
6 15
6 8 C
5 18
540
456
,, 19
,, 20
, 21
, 22
, 23
24
, 25
, 26
,, 27
28
29
,, 30
, 31
32
, 33
, 34
, 35
, 36
, 37
, 38
39
, 40
, 41
42 ..
, 43
, 44
, 45
, 46
, 47
48
, 49
50
, 51
, 52
, 53
, 54
, 55
56
, 67
, 58
59
, 60
61
, 62
63
64
65
RULES OK A WORKMEN'S UNION.
1553
TABLE F.
RATE OF SICKNESS BENEFIT FOR PERSONS ENTERING AN APPROVED
SOCIETY AT THE COMMENCEMENT OF THE ACT AT AGES
BETWEEN SIXTY-FIVE AND SEVENTY. CONTRIBUTIONS CEASE
AT AGE OF SEVENTY.
England, Scotland, and Wales.
Ireland.
First
Second
First
Second
13 weeks
13 weeks
13 weeks
13 weeks
of Sickness.
of Sickness.
of Sickness.
of Sickness.
Per week.
Per week.
Per week.
Per week.
*. d.
*. d.
1
*. d.
s. d.
6
5
5
4
(ALTERNATIVE No. 2.)
ANNUAL ALLOWANCES DURING LIFE (PAYABLE IN QUARTERLY
INSTALMENTS) TO PERSONS ENTERING AN APPROVED SOCIETY
AT THE COMMENCEMENT OF THE ACT AT AGES BETWEEN SlXTY-
FIVE AND SEVENTY. CONTRIBUTIONS CEASE AT AGE OF
SEVENTY.
England,
Scotland,
Ireland.
and Wales.
65
s. d.
12
i. d.
10
65 and 6 months
12
9
66
11
8
66 and 6 months
10
8
67
9
7
67 and 6 months
8
6
68
6
5
68 and 6 months
5
4
69
3
3
69 and 6 months
1
1
1554
TRADE UNIONS.
TABLE G. EMPLOYED CONTRIBUTOES.
BENEFITS FOR ALIENS.
Age at entry to the Society.
Sickness
Benefit.
Disablement
Benefit.
Maternity
Rate per Week.
Rate per Week.
17 and under 19
s. d.
9 6
*. d.
4 9
K. d.
1 8 6
19 21
9
4 6
1 7
21 25
8 6
4 3
1 5 6
25 30
7 6
3 9
1 2 6
30 35
7
3 6
1 1
35 40
6
3
1
40 45
5 6
2 9
1
45 50
4 6
2 3
1
50 55
3 6
1 9
1
55 60
2 6*
1 3t
1
60 65
1 0*
1 Of
1
* In Ireland, 3s.
t Iu Ireland, 1*. G,-l.
TABLE H.
ADDITIONAL BENEFITS OF VALUE EQUIVALENT TO A REDUCTION
OF SICKNESS BENEFITS UNDER SECT. 9, SUB-SECT. (2).
This Table is issued as a guide to societies, and may be adopted
by them. If any other forms of benefit are submitted by a
societj' for the consent of the Insurance Commissioners, the appli-
cation should be accompanied by actuarial evidence in support
of the financial soundness of the proposal. Under this Table a
society may choose one (but not more) of the alternative methods,
but no option may be exercised by individual members of the
Society.
Reduction of Sickness Benefit.
2. 6d. per week
Equivalent additional benefit to be applied to the
whole class of persons to whom the reduction of
sickness benefit is made applicable.
Repayment of the contributions paid to the extent
of oue halfpenny per week.
RULES OF A TRADE PROTECTION SOCIETY.
TABLE H. continued.
1555
1*. d. per week
1*. per week
[Or if a greater reduction be
made, the sum of lid. per
member named in the next
column may be increased cor-
respondingly.]
Payment of sickness benefit at the rate so reduced
from the first day of sickness instead of from the
luurth day.
Provision for medical treatment and attendance for
any persons dependent on the labour of
members of the class, or for the payment of the
cost, or part thereof, of dental treatment for any
such member, to such extent as will absorb a
total sum of not more than elevenpence per
annum for the average of the number of members
in the class at the beginning -if the year and at
the end of the year respectively.
The fact that a man is receiving sick pay from the private side
of his society makes no difference whatever to his sickness benefit
under the Act.
2. RULES of a TRADE PROTECTION SOCIETY (c).
1. The name of the Association shall be "The Trade Name.
Protection Association."
2. The place of meeting for the business of this Association Place of
s h a ll be . meeting.
3. The objects of the Association shall be:
(a) To protect and watch the interests of all persons engaged
as masters or employers in the industries, and
in industries and businesses allied or ancillary thereto.
(b) To consider and discuss all questions affecting the
interests of persons coming within the classification
of object (a).
(c) To take concerted action in regard to the protection of
such interests where necessary or advisable.
(d) To enter into arrangements for profit-sharing, union of
interests, amalgamation, co-operation, joint adventure,
reciprocal concession, or otherwise, either in whole or
part with any company, corporation, society or trade
union partnership or persons carrying on or engaged
Objects.
(c) Adapted from the Eules of the Electrotypers' and Stereotypers'
Trade Protection Association, and published by their permission.
1556 TRADE UNIONS.
IP
in, or about to carry on or engage in, any of the busi-
nesses of which this Association is formed to watch
over and protect the interests.
(e) To formulate and maintain a standard minimum scale
of charges for the products of the industries of the
members.
(f) To protect the rights and privileges of the trades in-
cluded; and
(g) To provide (if desirable) a joint fund for the advance-
ment of this Association's purposes,
(h) To regulate the relations between employers and
employed.
(i) To form a body for inter-communication in trade dis-
putes.
(j) To do all such other fit and proper acts and things as
are incidental or conducive to the attainment of the
above objects or any of them.
The purposes for which the funds of the Association shall be
applicable, shall be only such as are within the above objects.
Constitution. 4. The Association shall consist of such employers or autho-
rised representatives of employers as are engaged in the -
trades, and in the various trades nearly allied thereto, as shall
apply to the Executive Committee for membership, and being
accepted by such committee shall subscribe to the Association in
accordance with the scale in Rule 5 provided.
Payment of any subscription shall be deemed an approval by
the subscriber of the objects and rules of the Association.
Subscriptions. 5 The annual subscription shall be calculated on a scale in
accordance with the number of - men employed in the busi-
ness represented by each member on 1st June in each year, of
whom a return shall be given to the Secretary yearly within seven
days of the 1st day of June in each year.
An entrance fee of one guinea shall be imposed on employers
qualified to join who join after the 31st December, 19 .
The scale of subscriptions shall be two guineas for four men
or under, and one guinea for every additional four or part of four
men.
Payment of The subscription shall be payable in advance, and shall be
in8 ' first due on joining the Association; and subsequently on the
RULES OF A TRADE PROTECTION SOCIETY. 1557
1st June in each year, and shall be payable within fifteen days
after 1st June in each year.
The Executive Committee shall have the power to make a levy Levies,
upon the members to meet any exceptional expenditure, such levy
to be made proportionate to the subscription paid by the respective
members.
6. The affairs of the Association shall be administered by Officers,
an Executive Committee of five members, of whom the first shall
be , who shall constitute such Executive Committee until
the Annual General Meeting. Such Annual General Meeting
shall elect the Executive Committee in every year, and until such
meeting is held in any year the former members retain their
office. Retiring coinmitteemen shall be eligible for re-election.
The trustees, treasurer and Secretary, and all other officers of the
Association shall be appointed and confirmed in their initial
appointment by the Executive Committee. Until the first meet-
ing of such Committee, - - shall be the trustees and officers
respectively. Their removal shall be as provided for in Rule 24.
7. The Committee may appoint and pay officials, and may Payments,
authorise any payments they may deem expedient.
8. Cheques shall be signed by two members of the Committee Cheques,
and countersigned by the Secretary.
9. The Committee's a ^ Association's pass book shall be made Passbooks,
up and laid on the table at each ordinary Committee meeting.
10. The Annual General Meeting shall be held during the Annual
month of - - in every year, and the accounts of the Association,
made up to the previous 31st December, shall be presented at such
meeting, having first been audited by the auditors, as hereinafter
provided.
11. Seven clear days' notice of this and of every general meet- Notice of
irig is to be given by circular, written or printed.
12. A quorum at such meetings, and at any general meeting, Quorum,
shall be seven members.
13. Names of members to be proposed for election at the Candidates
annual meeting to the Executive Committee, or as officers of foroffice -
the Association shall be sent to the Secretary two clear days
before the Annual General Meeting.
14. The present members of the Executive Committee shall Chairman,
appoint one of themselves to be chairman of the Association until man & c .
the Annual General Meeting, and he shall be chairman also of
1558
TRADE UNIONS.
Committee
meetings.
Notice of
meeting.
Disqualifica-
tions of com-
mitteemen.
Alteration
of rules.
Trustees.
the Committee till that time. They shall also appoint one vice-
chairman until the same meeting. At the first Annual General
Meeting the members shall appoint one of the Executive Com-
mittee to be chairman, and one to be vice-chairman of the Asso-
ciation, and the same persons shall be chairman or vice-chairman
respectively of the Committee. If neither of these shall be present
at any meeting a chairman for the occasion shall be appointed by
a majority of members present.
The chairman at every meeting shall have a casting vote (and
no other).
Vacancies in the Committee and in the offices of chairman or
vice-chairman, occurring between the Annual General Meetings,
may be filled until such meeting by a majority of the members
of the Committee.
15. The Executive Committee shall meet as often as may be
required (three members to form a quorum, except where other
provision is expressly made), and may appoint sub-committees
to enquire and report to the Committee or to transact special
business.
16. Except in cases of urgency, twenty -four hours' notice shall
be given of any Committee meeting.
17. No person shall be eligible to be elected or shall remain a
member of the Executive Committee who, or whose firm, has been
adjudged bankrupt, or against whose company an order for wind-
ing up has been made, or who, or whose firm or company, has
compounded with his or their creditors.
18. Any alteration, amendment, rescission, or addition to these
rules shall be made by resolutions of a meeting of the Executive
Committee, at which at least four members shall be present,
provided that such resolutions shall be confirmed by the next
general meeting of the Association.
19. There shall be two trustees of the Association. A banking
account for the Executive Committee shall be opened at such bank
as the trustees may determine, and the funds of the Association
shall be invested in the names of such trustees, in the investments
authorised by law for trustees, but until the funds shall exceed
50 the funds shall be allowed to remain on current account at
the said bank, and no investment shall be made except when the
funds so far exceed 50, as to make it advisable in the opinion
of the Executive Committee to make an investment.
RULES OF A TRADE PROTKCTION SOCIETY. 1559
The trustees named by the Executive Committee may be two
of themselves if voted for by all the residue of the members
of such Executive Committee.
The first treasurer shall be appointed by the Executive Com- Treasurer,
mittee.
The first Secretary shall be , at a remuneration to be fixed Secretary.
by the Executive Committee.
20. A firm of chartered accountants, practising within the City Auditors,
of London, appointed by the Annual General Meeting, shall audit
the accounts of the Association .each year, when the total sums
to be accounted for shall exceed 200. Until then two capable
accountants of any of the firms represented on the membership
of the Association shall be appointed by the Executive Committee,
at such fee not exceeding 2 2s., as the Committee shall direct
in the appointment.
21. The accounts to 31st December in any year must be ready Audit of
for audit by 1st March in the next year, and the audit thereof
must be completed by the 1st day of April next following.
The person responsible for presenting the accounts is the
treasurer, and for the audit is the appointed auditor.
The penalty for failure of either is a fine of from one to
ten guineas in the discretion of the Executive Committee, pay-
able to the funds of the Association.
22. Every person claiming (and, if required, proving to the Inspection of
reasonable satisfaction of a meeting of the Executive Committee) O f^embers 181
that he or she has an interest in the funds of the Association,
shall be entitled to have inspection of the register of names and
addresses of members of the Association, and to have produced to
him or her, all, or any of, the books of account whatsoever of
the Association.
23. The penalties to which members are subject are (in addi- Penalties,
tion to the penalty in Rule 21):
For failure to charge in accordance with the scale set by this
Association under Rule 2, object (e), a fine of 20 as
a maximum, this amount to be proportioned according
to the proportion that the amount of the fined members'
subscription bears to the largest subscription paid.
All fines shall be paid by the members to the , and their
official receipt shall be produced to the Association.
24. Any trustee, treasurer, Secretary, or other officer of the Removal of
1560
officers and
members of
committee.
Dissolution.
TRADE UNIONS.
Association, and any member or all tbe members of the Executive
Committee or other Committee of Management shall be subject
to removal on a vote of two-thirds of the members personally
present at a general meeting of the Association called with express
written notice of this business to be transacted thereat.
25. This Association shall be dissolved only by resolution
passed by at least two-thirds of all the members of the Association.
3. AGREEMENT between a TRADE PROTECTION SOCIETY
and a WORKMEN'S UNION (d).
the
day of
19-
THIS AGREEMENT, made
BETWEEN The - - Trade Protection Association (a registered
Trade Union), hereinafter called " the Association," of the first
part, and the (a registered Trade Union), hereinafter called
" the Society," of the second part.
WITNESSETH that in consideration of the covenants hereinafter
contained on behalf of the said Society, the Association hereby
accepts and agrees to the following conditions of employment by
the Association of the members of the said Society for a period
of five years from November the first next. The conditions of
employment shall be as follow, that is to say, as and from the
first day of - , 19 , until the termination of this agreement,
the Association accepts and agrees to a working week of fifty hours
for members of the Society employed by members of the Asso-
ciation, subject always to any general movement in the - - and
allied trades for a reduction of hours, in which case the Associa-
tion pledges itself to accept and abide by whatever may be
generally adopted by the said - - and allied trades as the work-
ing week. The recognised hours for the working day shall be
between 8 a.m. and 6 p.m. for the first five working days of the
week, and 8 a.m. to 1 p.m. on Saturday; beyond this will be
subject to overtime rates. The Association further agrees during
the said period to recognise the sum of two pounds four shillings
(d~) The agreement from which this precedent has been adapted was
furnished by and is published by permission of the Electrotypers' and
Stereotypers' Trade Protection Association,
AGREEMENT BETWEEN EMPLOYERS' AND WORKMEN'S UNION. 1561
per week to be the minimum wage for members of the Society, and
further will and shall pay for all public holidays such as Good
Friday, Easter Monday, Monday in Whit week, first Monday
in August, Christmas Day, Boxing Day, and any national holi-
day which may occur from time to time. If on any of the above
mentioned holidays it is necessary for any of the members of
the Society to be at work in any of the Association's shops, they
shall receive, in addition to the above payment, overtime rate
for any part of any holiday during which they may be employed.
In addition to the foregoing holidays the Association hereby
agrees to grant one week's holiday each year at full pay to every
member of the Society employed by members of the Association,
provided that such members of the Society shall have been in the
employment of any one or more members of the Association for
a period of one year calculated from the first day of November,
19.
In the event of any member of the Society leaving the employ-
ment of any member of the Association before completing one
year's inclusive service calculated from the date above mentioned,
and obtaining a situation in a office, such member or mem-
bers of the Society shall be entitled to a pro rata allowance in
respect of the week's holiday either in cash or time at the option
of the employed for any period exceeding six months.
The Association further pledges itself to abide by the rules of
the Society in existence on the first day of , 19 , and other
alterations that may be effected from time to time shall be
mutually agreed upon.
The Association further agrees that all members of the Society
in the employ of its members shall receive an immediate increase
of four shillings per week on the first day of , 19 , whatever
the present wages of such members of the Society may be, and it
is hereby expressly understood that it is not the intention or
desire of the Association that the minimum wage of - - per
week shall become the prevalent wage for all members of the
Society.
The Association further agrees that from the date of this agree-
ment coming into operation no fresh assistant labour shall be
introduced to the trade by the masters unless and until it can
be shown that the Society is unable to supply men in adequate
numbers for trade requirements, but no assistants on present staffs
1562
TRADE UNIONS.
who are members of another society shall be discharged simply
because they decline to join the Society.
In consideration of the foregoing concessions and covenants
on the part of the Association, the Society agrees to uphold,
maintain, and sustain by every means in its power the scale of
prices and discounts adopted by the Association (e), and especially
binds itself to withdraw its members from any or
firm or company dealing in the products of the mem-
bers of the Society at prices below those adopted by the Associa-
tion, provided that reasonable proof of such underselling is
adduced by the Association to the Committee of the Society and
that tho house so complained of by the Association can properly
be described as a trade house. The term " trade house " shall
for the purposes of this agreement be deemed to mean any house
taking or accepting orders for the products of members of the
Society other than such as may be necessary for the due carrying
out by the house in question of or in connection with bond
fide orders for entrusted to such house. Any fresh
advance or alteration of price determined upon by the Associa-
tion shall be notified to the Society at the time, and mutually
agreed upon before putting into operation. All journeymen with-
drawn from any firm for non-compliance by such firm with the
rules and regulations of the Association will be found employ-
ment at once by members of the Association at the same wages
as they were hitherto receiving, provided they had been in receipt
of suoh wages for a period of at least three months, and such
situations shall be guaranteed by the Association for a period of
thirteen weeks. Journeymen withdrawn from houses not belong-
ing to the Association shall receive four shillings per week beyond
the rate of wages they had been in receipt of for the previous
three months on the understanding that such members of the
Society shall have the option of returning to their former employ-
ment immediately the dispute with the Association is settled, and
during the period that members are so employed in any Associa-
tion shop as a consequence of this agreement the number of
the ordinary staff of any shop so affected shall not be reduced
from any reason whatever except misconduct.
(e) Or, " the revised minimum price list of the association hereto
annexed and marked A."
TRAMWAYS. BY-LAWS UNDER TRAMWAYS ACT, 1870. 1563
If at any time the occasion should arise to put into operation
the clause dealing with the withdrawal of members of the Society,
no step shall be taken in this direction, nor shall the members of
the Society be expected so to act until the case in question has
been considered and such action agreed upon by representatives of
both the Association and the Society.
If at any time any other point should arise affecting the interests
of both parties to this agreement the matter shall be considered and
dealt with as agreed upon by the representatives of the Associa-
tion and the Society.
The covenants and agreements on the part of the Association
and the Society hereinbefore contained notwithstanding, it is
hereby expressly agreed and understood that should circumstances
arise which in the opinion of either of the parties hereto render
this agreement unworkable in practice after consideration by joint
representatives of the Association and the Society, three calendar
months' notice shall be deemed a good and sufficient notice by
either side to terminate this agreement, and the parties hereto
shall at the expiration of such notice return to the status quo
ante.
IN WITNESS whereof the signatures of the members of the
Executives of the Association and the Society were hereunto
affixed the day and the year first above written.
TRAMWAYS (a).
1. MODEL FORM of BY-LAWS and REGULATIONS made by
the - -as the LOCAL AUTHORITY, under sect. 46 of
the Tramways Act, 1870.
1. For the purpose of these by-laws and regulations the term
" car " shall mean any [engine or] carriage using any tramway
laid down within the said [borough], and the terms " driver " and
" conductor " shall respectively mean the driver and conductor or
other person having charge of a [an engine or] car.
'a) See also " Parliamentary Documents."
B. VOL. n. 45
TRAMWAYS.
2. The driver of every car shall cause the same to be driven at
a speed of not less than [four] miles an hour on the average, and
not exceeding eight miles an hour.
3. The driver of every car shall so drive the same that it shall
not follow a preceding car at a less distance than (6) - - yards.
4. Subject to the requirements of By-laws Nos. 3 and 5, tho
driver or conductor of a car shall stop the same for the purpose of
setting down or taking up passengers, when required by any
passenger desiring to leave the car, or by any person desirous of
travelling by the car, for whom there is room, and to whose admis-
sion no valid objection can bo made: Provided that nothing in
this by-law shall require a car to be stopped on any gradient
steeper than 1 in 25.
[The preceding by-law is inappropriate where, as is now frequently
the case, fixed stopping places are arranged.]
5. Except at a passing place or terminus, no car shall be stopped
at the intersection or junction of two or more streets or roads,
nor within [ten] yards of a car on an adjoining line of rails.
6. The driver of a car, on coming in sight of a vehicle stand inn
or travelling on any part of the road so as not to leave sufficient
space for the car to pass, shall sound his bell or whistle as a warn-
ing to the person in charge of such vehicle, and that person shall,
with reasonable despatch, cause such vehicle to be removed so ;is
not to obstruct the car.
7. No person shall in any way wilfully impede or interfere with
(he traffic on the tramways, nor shall any driver or conductor need-
lessly cause interruption to the ordinary road traffic.
8. Every driver, conductor, or other person offending against
any of these by-laws and regulations shall be liable to a penalty
not exceeding forty shillings for each offence, and not exceeding
for any continuing offence ten shillings for every day during
which the offence continues.
[Here insert any by-laws to meet special cases.]
(ft) This distance should be not less than 10 nor more than 150 yards.
BY-LAWS UNDER TRAMWAYS ACT, 1870.
9. These by-laws shall oome into force on the - day of
, 19-.
The Common Seal of the said Mayor, Aldermen and Burgesses,
affixed by order of the Council of the said Borough at
a meeting of such Council held on the - - day of - ,
in the presence of .
, Mayor.
(L.S.) by - , Town Clerk.
[or other appropriate attestation clause.]
I hereby certify that a true copy of the foregoing by-laws and
regulations has, in accordance with the provisions of sect. 46 of
the Tramways Act, 1870, been laid before the Board of Trade not
less than two calendar months before such by-laws and regulations
came into operation, and that such by-laws and regulations have
not been disallowed by the Board of Trade within the said two
calendar months.
An Assistant Secretary to the Board of Trade.
day of - , 19 .
2. MODEL FORM of BY-LAWS and REGULATIONS made by
a TRAMWAY COMPANY under the POWERS conferred on
the COMPANY by the Tramways Act, 1870.
1. The by-laws and regulations hereinafter set forth shall
extend and apply to all carriages of the company, and to all places
with respect to which the company have power to make by-laws
or regulations.
2. Every passenger shall enter or depart from a carriage by the
hindermost or conductor's platform, and not otherwise (c).
3. No passenger shall smoke inside any carriage.
4. No passenger or other person shall, while travelling in or
upon any carriage, play or perform upon any musical instrument.
5. A person in a state of intoxication shall not be allowed to
enter or mount upon any carriage, and if found in or upon any
(c) See Fred v. Bury (1900), Times Newspaper, July 21; (1901),
Jan. 26 (0. A.).
45(2)
1566
TRAMWAYS.
carriage shall be immediately removed by or under the direction
of the conductor (d).
6. No person shall swear or use obscene or offensive language
whilst in or upon any carriage, or commit any nuisance in or
upon or against any carriage, or wilfully interfere with the com-
fort of any passenger (e).
7. No person shall wilfully cut, tear, soil, or damage the
cushions or the linings, or remove or deface any number plate,
printed or other notice, in or on the carriage, or break or serai di
uny window of or otherwise wilfully damage any carriage. Any
person acting in contravention of this regulation shall be liable
to the penalty prescribed by these by-laws and regulations, in
addition to the liability to pay the amount of any damage done.
8. A person whose dress or clothing might, in the opinion of
the conductor of a carriage, soil or injure the linings or cushions
of the carriage, or the dress or clothing of any passenger, or a
person who, in the opinion of the conductor, might for any other
reason be offensive to passengers, shall not be entitled to enter
or remain in the interior of any carriage, and may be prevented
from entering the interior of any carriage, and shall not enter
the interior of any carriage after having been requested not to
do so by the conductor, and, if found in the interior of any car-
riage, shall, on request of the conductor, leave the interior of the
carriage upon the fare, if previously paid, being returned.
9. Each passenger shall, upon demand, pay to the conductor
or other duly authorised officer of the company the fare legally
demandable for the journey (/) .
10. Each passenger shall show his ticket (if any) when required
so to do to the conductor or any duly authorised servant of the
company, and shall also when required so to do either deliver up
his ticket or pay the fare legally demandable for the distance
travelled over by such passenger (/).
11. A passenger not being an artisan, mechanic, or daily
labourer, within the true intent and meaning of the Acts of Par-
(rf) See Murgatroyd v. Blackburn an<1 Over Darwen Tramway Co.
(1887), 3T. L. E. 451.
(e} Discussed in Oentel v. Rapps, [1902] 1 K. B. 160; 71 L. J.
K. B. 105.
(/) See Egginton v. Pearl (1875), 33 L. T. (N. S.) 428, where this
by-lav/ was held to be reasonable.
BY-LAWS TINDER TRAMWAYS ACT, 1870.
liament relating to the company, shall not use or attempt to use
any ticket intended only for such artisans, mechanics, or daily
labourers.
12. Personal or other luggage (including the tools of artisans,
mechanics, and daily labourers) shall, unless otherwise permitted
by the conductor, be placed on the front or driver's platform, and
not in the interior or on the roof of any carriage (#).
13. No passenger or other person not being a servant of the
company shall be permitted to travel on the steps or platforms
of any carriage, or stand either on the roof or in the interior, or
sit on the outside rail on the roof of any carriage, and shall cease
to do so immediately on request by the conductor (h).
14. No person, except a passenger or intending passenger, shall
enter or mount any carriage, and no person shall hold or hang on
by or to any part of any carriage, or travel therein otherwise than
on a seat, provided for passengers.
15. When any carriage contains the full number of passengers
which it is licensed to contain, no additional person shall enter,
mount, or remain in or on any such carriage when warned by the
conductor not to do so.
16. When a carriage contains the full licensed number of
passengers, a notice to that effect shall be placed in conspicuous
letters and in a conspicuous position on the carriage.
17. The conductor shall not permit any passenger beyond the
licensed number to enter or mount or remain in or upon any part
of a carriage.
18. No person shall enter, mount, or leave, or attempt to enter,
mount, or leave, any carriage whilst in motion.
19. No dog or other animal shall be allowed in or on any
carriage, except by permission of the conductor, nor in any case in
which the conveyance of such dog or other animal might be offen-
sive or an annoyance to passengers. No person shall take a dog
or other animal into any carriage after having been requested
not to do so by the conductor. Any dog or other animal taken
(0) See Greig v. Aberdeen District Tramways Co. (1890), 17 E. 808.
(h} This by-law or a similar one was held to protect the company in
an action by a passenger, who had committed a breach of it, for injuries
in Docherty v. Glasgow Tramway and Omnibus Co., Ltd. (1894), 32
S. L. E. 353; and Byrne v. Londonderry Tramway Co. (1902), 2 I. E.
457 (C. A.).
1568 TRAMWAYS.
into or on any carriage in breach of this regulation shall be
removed by the person in charge of such dog or other animal
from the carriage immediately upon request by the conductor,
and in default of compliance with such request may be removed
by or under the direction of the conductor.
20. No person shall travel in or on any carriage of the company
with loaded fire-arms.
21. No passenger shall wilfully obstruct or impede any officer
or servant of the company in the execution of his duty upon or
in connection with any carriage or tramway of the company.
22. The conductor of each carriage shall enforce or prevent the
breach of these by-laws and regulations to the best of his ability .
23. Any persoA offending against or committing a breach of
any of these by-laws or regulations shall be liable to a penalty
not exceeding forty shillings (i).
24. The expression " conductor " shall include any officer or
servant in the employment of the company and having charge of
a carriage.
25. There shall be placed and kept placed in a conspicuous
position inside of each carriage in use a printed copy of these
by-laws and regulations.
26. These by-laws shall come into force on the - - day of
- 19-.
, Secretary of the Company.
[Certified in the same manner as the preceding set of by-laws.]
3. TRAMWAYS ORDERS CONFIRMATION ACT.
Chapter .
An Act to confirm certain Provisional Orders made by the Board
of Trade under the Tramways Act, 1870, relating to -
Tramways.
WHEREAS under the authority of the Tramways Act, 1870, the
Board of Trade have made the several Provisional Orders set out
in the schedule to this Act annexed:
(*) See Tramways Act, 1870, s. 47. Penalties are recovered under
sect. 56 of the Act.
TRAMWAYS ORDERS CONFIRMATION ACT.
AND WHEREAS a Provisional Order made by the Board of Trade
under the authority of the said Act is not of any validity or
Force whatever until the confirmation thereof by Act of Parlia-
ment:
AND WHEREAS it is expedient that the several Provisional
Orders made by the Board of Trade under the authority of the
said Act, and set out in the schedule to this Act annexed, be
confirmed by Act of Parliament:
Be it therefore enacted by the King's most Excellent Majesty,
by and with the advice and consent of the Lords Spiritual and
Temporal and Commons in this present Parliament assembled,
and by the authority of the same, as follows:
1 . This Act may be cited as the Tramways Orders Conn'rma- Short title,
tion (No. ) Act, 19.
2. The several orders as amended and set out in the schedule Confirmation
to this Act annexed shall be, and the same are hereby confirmed ^hedulp 8 in
and all the provisions thereof in manner and form as they are
set out in the said schedule shall, from and after the passing of
this Act, have full force and validity, and the dates of the same
respectively shall be the date of the passing of this Act.
3. [As in the Model Order, ante, p. 753.1 Protection of
houses of
labouring
SCHEDULE. class.
[NOTE. The model form of Order prepared by the Board of Trade for
departmental use is now to some extent obsolete, and the following
form has therefore been prepared from recent Orders. The pro-
moters have been treated as being a corporation, but the appropriate
alterations which are necessary where other bodies or persons are
promoters have been duly noted. This Model Order may be supple-
mented by clauses for the Model Order for a light railway of Class B,
ante, p. 791. Orders made under Private Legislation Procedure
(Scotland) Act, 1899, do not follow this form, but resemble special
Acts or Orders for Light Eailways of Class B.]
Corporation.
Order authorising the Mayor, Aldermen and Burgesses of the
Borough of - - to construct Tramways in their Borough.
PRELIMINARY.
1. This Order may be cited as the - - Corporation Tram- Short title,
ways Order, 19 .
1570
Incorporation
of Arts.
Interpreta-
tion.
Promoters.
Lands.
TRAMWAYS.
2. The provisions of the Lands Clauses Acts (except with
respect to the purchase and taking of lands otherwise than by
agreement, and with respect to the entry upon lands by the pro-
moters of the undertaking), and of the Tramways Act, 1870, are
hereby incorporated with this Order except where the same are
inconsistent with or expressly varied by this Order (fc).
3. The several words, terms and expressions to which by the
Acts in whole or in part incorporated with this Order meanings
are assigned have in this Order the same respective meanings:
Provided that in this Order
The expression " the borough " means the borough of - ,
in the county of .
The expression " the corporation " means the mayor, alder-
men and burgesses of the borough acting by the
council :
The expressions '' the tramways " and " the undertaking
mean respectively the tramways and works, and the
undertaking by this Order authorised:
The expression " mechanical power " includes steam, elec-
trical and every other motive power not being animal
power, and the word "engine' includes motor.
PROMOTERS.
4. The corporation shall be the promoters for the purposes of
this Order, and are in this Order referred to as " the promoters."
LANDS .
5. The promoters may
(a) subject to the sanction of the Local Government Board,
and under such conditions as they may prescribe from
time to time, appropriate and use for any of the pur-
poses of this Order, but subject to the provisions (if
(k~) These words do not mean that there must be variation or exception
in express terms; such variation or exception must be taken to occur
whenever the incorporated Act is inconsistent with and not applicable
to the incorporating Act: Weld v. 8. W. Rail. Co. (1833), 32 Beav. 340,
345. Similar decisions on words which were similar to but not the
same as these are: R. v. St. Luke's Vestry (1871), L. B. 7 Q. B. 148;
Sharpe v. Metropolitan District Rail. Co. (1880), 5 App. Gas. 425.
TRAMWAYS ORDERS CONFIRMATION ACT. 1571
any) under which such lands were respectively ac-
quired, any lands not dedicated to public use from
time to time vested in them [being part of their cor-
porate estates (Z)]:
(b) by agreement from time to time purchase and acquire
for the purposes of the undertaking such lands as
they may require, and may from time to time sell,
let or dispose of any such lands which may not be
necessary for such purposes. Provided that all sums
received by the promoters from the sale of such lands,
or from fines or premiums on leases of the same, shall
be applied solely in repayment of outstanding loans,
and that such moneys shall not be applied to the pay-
ment of instalments or to payments into the sinking-
fund, except to such extent and upon such terms as
may be approved by the Local Government Board:
Provided that they shall not at any time hold for such purposes
more than five acres of land. Provided also that nothing in this
Order shall exonerate the promoters from any indictment, action
or other proceeding for nuisance in the event of any nuisance
being caused or permitted by them upon lands appropriated or
taken under the powers of this section.
[Where the promoters are not a local authority the following section
must be substituted:
SA. The promoters may by agreement from time to time pur- Lands by
chase, take on lease and acquire, for the purposes of the under- agre
taking, such lands as they may require, and may from time to time
sell, let or otherwise dispose of any such lands not required for
such purposes. Provided that they shall not at any time hold for
such purposes or for the purposes of any adjoining tramways they
may acquire more than five acres of land. Provided always, that
nothing in this Order shall exonerate the promoters from any
indictment, action or other proceeding for nuisance, in the event
of any nuisance being caused or permitted by them upon any
land acquired by them under this section.]
(I) The words in brackets will be omitted where the promoters are a
local authority other than the corporation of a borough.
1572 TRAMWAYS.
CONSTRUCTION OF TRAMWAYS.
ofTamways 6 ' The P r nw>ters may, subject to the provisions of this Order-
(a) construct and maintain in accordance with the plans and
sections deposited at the office of the Board of Trade
for the purposes of this Order (which plans and sec-
tions are in this Order referred to respectively as " the
deposited plans " and " the deposited sections ") the
tramways hereinafter described, with all proper rails,
points, plates, sleepers, junctions, turntables, turnouts,
weigh-bridges, crossings, passing-places, works and
conveniences connected therewith and for the purposes
thereof, and may work and use the same (m);
(b) erect, construct and provide on any lands taken or appro-
priated (n) under the powers of this Order offices,
stables, sheds, carriage, engine, boiler and dynamo
houses, and other buildings for the purposes of the
undertaking:
Provided that nothing in this Order, or in any Act wholly or
in part incorporated therewith, shall extend to or authorise any
interference with any works of any undertakers under the Electric 1
Lighting Acts, 1882 and 1888, to which the provisions of
sect. 15 (o) of the Act of 1882 apply, except in accordance with
and subject to the provisions of that section (p).
The tramways will be wholly situated within the borough, and
are as follows:
Tramway No. 1 ( furlongs, chains in length, whereof
furlongs, - - chains is single, and furlongs,
chains is double), commencing at - , passing
(TO) A sub-section in a special Act similar to this and another similar
to sect. 15, post, were discussed in Wilkinson and Marshall v. Newcastle-
upon-Tyne Corporation (1902), 18 T. L. E. 332. It was there pointed
out that a connecting line between two routes is not a " junction " within
the meaning of this section.
(n) Where the promoters are not a local authority, substitute
" acquired."
(o) The section referred to provides for the removal on terms by under-
takers of the apparatus of other persons and authorities, and vice versa.
(p) After this section add any conditions precedent to the construction
of the tramways, such as road widenings (see Model Order, s. 11, ante,
p. 793).
TRAMWAYS ORDERS CONFIRMATION ACT. 1<*>73
into and along - , and terminating in the last-named
road at -- .
Tramway No. 1 will be laid as a double line except at the
following places, where it will be laid as a single line:
In - Road, from - to - .
[Where the Order is for the reconstruction of an existing tramway,
substitute:
6A. Subject to the provisions of this Order, the promoters may, Reconstruc-
within the period of three years from the date of this Order, or
such extended period as the Board of Trade may allow, relay the
plates and rails of the tramways, or otherwise alter the present
construction thereof, for the purpose of adapting the same for
working by mechanical power, as by this Order authorised.]
[Where the promoters already have a tramway undertaking, one of the
following sections may be added:
GB. Subject to the provisions of this Order, the tramways shall Tramways to
for all purposes form part of the corporation tramways under-
taking, and the promoters and their lessees and their licensees dertakmgfor
, i n i ,1 all purposes.
may, in respect ot the tramways, exercise and enjoy all and the
like powers, rights, privileges and authorities which they now
may or are empowered to exercise and enjoy, and shall be subject
and liable to the like penalties, conditions, restrictions and stipu-
lations as they are subject and liable to with respect to the cor-
poration tramways undertaking, or any part thereof, and may
demand, take and recover in respect of the tramways or any part
or parts thereof the like tolls, rates and charges for the use thereof,
and for the conveyance thereon of traffic of all kinds, and for the
use of carriages placed and run thereon by them, as they are
authorised to demand and take in respect of the tramways autho-
rised by the - Tramways Order [Act], 19 .
Or, The provisions of the - Order [Act] shall, so far as Application
they are applicable in that behalf and are not inconsistent with the of order of
provisions of this Order, extend and apply mutatis mutandis to
and in relation to the tramways authorised by this Order as if
such tramways had formed part of the tramways authorised by
the - - Order [Act].]
[Here insert protective clauses, if any; specimens will be found in the
Model Orders, ante, pp. 761 sqq., 810 sqq.\
1574
TRAMWAYS.
Gauge and
width of
Provisions as
to conhtruc-
tion of
tramways.
7. The tramways shall be constructed on a gauge of four feet
eight and a half inches, or such other gauge as may from time to
time be determined by the Board of Trade on the application of
the promoters. Provided always, that in the event of the tram-
ways being constructed on a less gauge than four feet eight and a
half inches so much of sect. 34 of the Tramways Act, 1870, as
limits the extent of the carriages used on any tramways beyond
the outer edge of the wheels of such carriages shall not apply to
carriages used on the tramways, but in that case no engine or
carriage used on the tramways shall exceed six feet six inches
in width or such other width as may from time to time be pre-
scribed by the Board of Trade (q).
8. In addition to the requirements of sect. 26 of the Tramways
Act, 1870, the promoters shall [at the same time as they give
notice to the road authority of their intention to open or break
up any road for the purpose of constructing, laying down, main-
taining or renewing any of the tramways] lay before the Board
of Trade [and the road authority] a plan showing the proposed
mode of constructing, laying down, maintaining or renewing such
tramways, and a statement of the materials intended to be used
therein, and the promoters shall not commence the construction,
laying down, maintenance or renewal of any of the tramways, or
part of any of the tramways respectively, except for the purpose
of necessary repairs until such plan and statement have been
approved by the Board of Trade [and the road authority], and
after such approval the works shall be executed in accordance in
all respects with such plan and statement [and in places where
the promoters are not the sole road authority under the superin-
tendence and to the reasonable satisfaction of the surveyor of the
road authority as provided by the said section] (r).
(q) The width of carriage is regulated by a scale prescribed by the
Board of Trade, namely:
Maximum width
Gauge. of carriage.
4ft. Oin 6ft. 6in.
3ft. 6in 6ft. 4in.
3ft. Oin 6ft. Oin.
2ft. 6in 5ft. 6in.
2ft. Oin 5ft. Oin.
(/) The words in brackets must be added where the promoters are not
TRAMWAYS ORDERS CONFIRMATION ACT. 1575
9. The rails of the tramways shall be such as the Board of Rails of
m j / N tramways.
Trade may approve (s).
10. (1) Tho promoters shall at all times maintain and keep Penalty for
in good condition and repair and so as not to be a danger or [^ ^i"' ^a"
annoyance to the ordinary traffic the rails of the tramways and road in good
the sub-structure up ;a which the same rest, and if the promoters
at any time fail to comply with this provision or with the pro-
visions of sect. 28 of the Tramways Act, 1870, they shall bo
subject to a penalty not exceeding five pounds for every day on
which such non-compliance continues.
(2) In case it is represented in writing to the Board of Trade
[by the road authority of any district in which the tramways, or
any portion thereof, are or is situate, or] (t) by twenty inhabitant
ratepayers of the [suoh] district, that the promoters have made
default in complying with the provisions in this section con-
tained or with any of the requirements of sect. 28 of the Tram-
ways Act, 1870, the Board of Trade may, if they think fit, direct
an inspection by an officer to be appointed by the said Board, and
if such officer reports that the default mentioned in such represen-
tation has been proved to his satisfaction, then and in every such
case a copy of such report, certified by a secretary or assistant
secretary of the Board of Trade, may be adduced as evidence of
such default, and of the liability of the promoters to such penalty
or penalties in respect thereof as is or are by this section imposed.
Where the promoters are not the sanitary authority add the following:
11. Every sanitary authority shall at all times have free access Sanitary
. . , . 11- authority to
to and communication with all their sewers and drains, and power have access
to lay lateral and private drains to communicate therewith, with- to 8ewers -
out the consent or concurrence of the promoters, and the pro-
visions contained in sects. 32 and 33 of the Tramways Act, 1870,
the solo road authority. Where the promoters are not a local authority
the same words must be added, except the words " where the promoters are
not the sole road authority " in the last sentence.
(s) Sometimes it is provided that the Board of Trade may require the
promoters to adopt improvements which experience has suggested on the
application of the local or road authority. (See Tramways Orders Con-
firmation (No. 2) (West Eiding, Knottingley Extension) Act, 1902 (2
Edw. 7, c. cciii.).)
() Omit where the promoters are the sole road authority.
1576
TRAMWAYS.
Tramways to
be kept on
level of sur-
face of road.
Alteration of
tramways.
shall be applicable in the case of any sewer or private drain of or
under the control of the sanitary authority as if the same were a
pipe for the supply of gas or water.
' 12. If [the promoters or] (u) any [other] (u) road authority
hereafter alter the level of any road along or across which any.
part of the tramways is laid or authorised to be laid, the pn>-
moters may and shall from time to time alter or (as the case
may be) lay their rails so that the uppermost surface thereof shall
be on a level with the surface of the road as altered.
13. The promoters may, with the consent of the Board of
Trade [and the road authority] (#), lay down double lines in lieu
of single or interlacing lines, or single lines in lieu of double or
interlacing lines, or interlacing lines in lieu of double or single
lines on any of the tramways [and if at any time after the con-
struction of the tramways the road in which the same, or any
part thereof, is laid shall be altered in level or widened, the
promoters may, with the like consents, take up and remove such
tramways or part thereof and reconstruct the same in such posi-
tion as they may think fit], or [and may, with the like consents,
subject in places where the promoters may not be the road autho-
rity to the approval of that authority] (x] alter the position in
the road of any of the tramways or any part thereof respec-
tively. Provided that the uppermost surface thereof shall be
on a level with the surface of the road:
Provided further that in exercise of the powers of this section
no rail shall be so laid that a less space than nine feet six inches
shall intervene between it and the outside of the footpath on either
side of the road if one-third of the owners or one-third of the
occupiers of the premises abutting on the place where such less
space shall intervene shall by writing under their hands, addressed
and delivered to the promoters within three weeks after receiving
from the promoters notice of their intention (which notice the
promoters shall give one month before commencing any altera-
tions under this section), express their objection thereto.
(tt) Omit the words in brackets where the promoters are not the local
or road authority. If the promoters fail in their duty under this section,
apparently a mandamus may go against them. (Ex parte Acton, Middle-
sex, Local Board (1888), Times Newspaper, Nov. 6.)
(x) Omit these words where the promoters are the sole road authority.
. TRAMWAYS ORDERS CONFIRMATION ACT. 1577
[Add the following section where required:
13A. In constructing and maintaining the tramways the pro- Power to
moters may, with the previous approval of the Board of Trade,
deviate laterally from the lines shown on the deposited plans to
any extent not exceeding one foot, but no such deviation shall be
made so that a less space than nine feet six inches shall intervene
between the outer rail of the tramway and the outer edge of the
footway on either side of the road, if one-third of the owners or
one-third of the occupiers of the premises abutting on the place
where such less space shall intervene shall, by writing under their
hands addressed and delivered to the promoters within three weeks
after receiving from the promoters notice of their intention,
express their objection thereto.]
14. Where in any road in which a double line of tramway is Cross-over
laid there shall be less width between the outside of the footpath roadstob e .
. constructed in
on either side of the road and the nearest rail of the tramway certain cases,
than nine feet six inches, the promoters shall if and where re-
quired by the Board of Trade construct a cross-over road or
roads connecting the one tramway with the other, and by the
means of such cross-over road or roads the traffic shall, when
necessary, be diverted from one tramway to the other.
15. The promoters may, subject to the provisions of this Order Additional
[with the consent of the local and road authorities] (/), from time cros s-over
roads, &c. may
to time make, maintain, alter and remove all such cross-over be made
roads, passing-places, sidings, junctions and other works in addi- w -
tion to those particularly specified in and authorised by this Order
as they find necessary for the efficient working of the tramwa} r s
or for forming junctions with other tramways, or for providing
access to any warehouses, stables or carriage-houses or Avorks of
the promoters [but in places where the promoters may not be the
road authority the same shall only be made subject to the approval
of the road authority] (2). Provided that in the construction
of any such works no rail shall be so laid that a less space than
nine feet six inches shall intervene between it and the outside of
the footpath on either side of the road if one-third of the owners
or one-third of the occupiers of the premises abutting on the
(y~) Insert where the promoters are not a local or road authority.
(z) Insert where the promoters are a road authority, but not the sole
road authority.
1578
TRAMWAYS.
Temporary
tramways
may be
made when
necessary .
Application of
road materials
excavated in
construction
of works.
place where such less space shall intervene shall, by writing under
their hands addressed and delivered to the promoters within three
weeks after receiving from the promoters notice of their inten-
tion (which notice the promoters shall give one month before com-
mencing any works under this section), express their objection
thereto.
16. Where by reason of the execution of any work affecting tin-
surface or soil of any road along which any of the tramways are
laid it is in the opinion of the [road authority] (a) necessary or
expedient temporarily to remove or discontinue the use of such
tramways or any part thereof the promoters may [subject to such
conditions and in accordance in all respects with such regulations
as the road authority may from time to time make] (6) construct
in the same or any adjacent road and [with the like consent,
subject to the like conditions and in accordance with the like
regulations] (ft) maintain so long as occasion may require a tem-
porary tramway or temporary tramways in lieu of the tramway
or part of the tramway so removed or discontinued [subject, in
places in which the promoters may not be the sole road authority,
to the approval of the road authority and to such regulations
as that authority maj^ make] (<?).
17. Any paving, metalling or material excavated by the pro-
moters in the construction of the tramways from any road under,
the jurisdiction or control of any road authority [other than the
promoters] (d} may be applied by the promoters so far as may
be necessary in or towards the re-instating of the road and the
maintenance for six months after completion of any of the tram-
ways within the district of such road authority of so much of the
roadway on either side of such tramways as the promoters are
(a) Substitute " promoters " where the promoters are a road authority.
(6) Insert these words where the promoters are not a road authority.
(c) Add these words where the promoters are not the sole road
authority.
(a) Insert where the promoters are a road authority, but not the sole
road authority. A provision, which, however, is unnecessary, may be
added to the effect that the material on roads which are within the
jurisdiction of the promoters as road authority shall vest in them. Where
the promoters are not a road authority, a provision may be inserted
limiting the time within which the promoters must remove the material
which has vested in them on the failure of the road authority to remove it.
TRAMWAYS ORDERS CONFIRMATION ACT. 1679
by this Order required to maintain, and the promoters shall, if
so required, deliver the surplus paving, metalling or material not
used or required to be retained for the purposes aforesaid to the
surveyor of such road authority, or to such person as ho may
appoint to receive the same, at such place as he may direct. Pro-
vided that if within seven days after the setting aside of the
surplus arising from the excavation of any such paving, metalling
or material, and notice duly given, such surplus is not removed by
such surveyor or by some other person named by him for that pur-
pose, such surplus paving, metalling or material shall absolutely
vest in and belong to the promoters, and may be dealt with,
removed and disposed of by them in such manner as they may
think fit. Any difference between the promoters and any road,
authority or surveyor or other person, with reference to any of
the matters aforesaid, shall be settled by a referee to be nominated
by the Board of Trade on the application of either party.
18. The tramways shall not be opened for public traffic until Tramways
the same have been inspected and certified to be fit for such traffic opened until
by the Board of Trade (e). certified by
Board of
Trade.
MOTIVE POWER.
19. The carriages used on the tramways may be moved by Provisions M
animal power or, subject to the following provisions, by
mechanical power (that is to say):
(1) The mechanical power shall not be used except with the
consent of and according to a system approved by the
Board of Trade:
(2) The Board of Trade shall make regulations (in this Order
referred to as " the Board of Trade regulations ") for
securing to the public all reasonable protection against
(e) The Attorney-General may obtain an injunction where a tram-
way has been opened without being certified: Att.-Gen. v. Southall,
Baling, &c. Co. (1874), Times Newspaper, July 10; see also Devonport
Corporation v. Plymouth, Devonport and District Tramways Co. (1884),
52 L. T. 161. Eule XXV. of the Rules under the Tramways Act, 1870, re-
quires the promoters to give the Board of Trade at least fourteen days'
notice in writing of their intention to open any tramway or portion of
tramway. Certain documents must accompany the notice, and provision
is made for inspection and a certificate is to be granted by the Board
of Trade before the tramway is opened for public traffic.
B. VOL. II. 46
1580 TRAMWAYS.
danger arising from the use under this Order of mecha-
nical power on the tramways and for regulating the use
of electrical power (/) :
(3) The promoters or any company or person using any
mechanical power on the tramways contrary to the pro-
visions of this Order or of the Board of Trade regula-
tions shall for every such offence be liable to a penalty
not exceeding ten pounds, and also in the case of a con-
tinuing offence to a further penalty not exceeding five
pounds for every day during which such offence is con-
tinued after conviction thereof:
(4) The Board of Trade if they are of opinion
(a) that the promoters or such company or person have
or has mado default in complying with the provi-
sions of this Order or of the Board of Trade
regulations, whether a penalty in respect of such
non-compliance has or has not been recovered; or
(b) that the use of mechanical power as authorised
under this Order is a danger to the passengers
or the public;
may by order either direct the promoters or such com-
pany or person to cease to use such mechanical power
or permit the same to be continued only subject to such
conditions as the Board of Trade may impose, and the
promoters or such company or person shall comply with
every such order. In every such case the Boaxd of Trade
shall make a special report to Parliament notifying tho
making of such order (g).
Mechanical 20. For the purpose of working any of the tramways by mecha-
8f nical power, the promoters [and their lessees] (h), subject to the
(/) These various regulations are printed in a Model Form issued by
the Board of Trade.
(0) There may be added, where the promoters are not a local authority,
" provided that save under exceptional and temporary circumstances
animal or steam power shall not be used on the tramways except with the
consent of the local authority," or, where several local authorities are con-
cerned, " with the consent of the majority of the local authorities within
whose districts it is proposed to use such power."
(h) Omit these words where the promoters are not a local authority and
have no power to lease,
TRAMWAYS ORDERS CONFIRMATION ACT. 1581
provisions of this Order [(and as to the lessees, subject to the
terms of their lease)] (&), may
(a) construct, provide, maintain and use on any lands [appro-
priated or] ({) acquired under the powers of this Order,
stations for generating electrical power, with all neces-
sary or proper machinery, dynamos, engines, buildings,
works and conveniences;
(b) [subject to the reasonable approval of the local and road
authority and to such reasonable terms and conditions as
those authorities may impose, and subject to the approval
of the local authority as to the design of works] (fc),
place, construct, erect, lay down, make and maintain
on, in, under or over the surface of any street or road,
posts, electric mains, wires, apparatus, subways, tunnels,
cables, tubes and openings;
(c) with the consent of the owners and occupiers of any houses
or buildings, affix to such houses or buildings or main-
tain brackets, wires and apparatus.
21. All works to bo executed by the promoters [or their Mechanical
lessees] (/*), in any street or road for working the tramways by ^ be^uWrot
mechanical power in pursuance of the powers of this Order, shall to Tramways
be deemed to be works of a tramway, subject in all respects (save
as by this Order otherwise expressly provided) to the provisions
of the Tramways Act, 1870, as in this Order incorporated, as if
they had been therein expressly mentioned.
22. Subject to the provisions of this Order, the Board of Trade By-laws,
may make by-laws with regard to any part of the tramways
upon which mechanical power may be used for all or any of the
following purposes (that is to say):
For regulating the use of any bell, whistle, or other warning
apparatus fixed to the engine or carriages;
For regulating the emission of smoke or steam from engines
used on the tramways;
For providing that engines and carriages shall be brought to a
stand at the intersection of cross streets, and at such
(/<) See note (/;), opposite page.
(i) Omit these words where the promoters are not a local authority.
(Jc) Insert these words where the promoters are not the local and
road authority.
46(2)
1582
TRAMWAYS.
Amendment
of Tramways
Act, 1*70, as
to by-laws
by local
authority.
Special pro-
visions as to
use of electri-
cal power.
places and in such cases of horses being frightened, or
of impending danger, as the Board of Trade may deem
proper for securing safety;
For regulating the entrance to, exit from and accommodation
in the carriages used on the tramways, and the protec-
tion of passengers from the machinery used for pro-
pelling such carriages;
For providing for the due publicity of all by-laws and Board
of Trade regulations in force for the time being in
relation to the tramways, by exhibition of the same in
conspicuous places on the carriages and elsewhere.
Any person offending against or committing a breach of any
of the by-laws made by the Board of Trade under the authority
of this Order, shall be liable to a penalty not exceeding forty
shillings.
23. The provisions of the Tramways Act, 1870, relating to
the making of by-laws by the local authority with respect to the
rate of speed to be observed in travelling on the tramways, shall
not authorise the local authority to make any by-law sanction-
ing a higher rate of speed than that authorised by the Board of
Trade regulations at which engines are to be driven or propelled
on the tramways under the authority of this Order; but the by-
laws of the local authority may restrict the rate of speed to a
lower rate than that so authorised.
24. The following provisions shall apply to the use of electrical
power under this Order, unless such power is entirely contained
in and carried abng with ths carriages:
(1) The promoters shall employ either insulated returns or
uninsulated metallic returns of low resistance:
(2) The promoters shall take all reasonable precautions in con-
structing, placing and maintaining their electric lines
and circuits, and other works of all descriptions, and
also in working their undertaking so as not injuriously
to affect by fusion or electrolytic action any gas or water
pipes, or other metallic pipes, structures or substances,
or to interfere with the working of any wire, line or
apparatus from time to time used for the purpose of
transmitting electrical power, or of telegraphic, tele-
phonic or electric signalling communication, or the cur-
rents in such wire, line or apparatus:
TRAMWAYS ORDERS CONFIRMATION ACT.
(3) The electrical power shall be used only in accordance with
the Board of Trade regulations, and in such regulations
provision shall be made for preventing fusion or in-
jurious electrolytic action of or on gas or water pipes
or other metallic pipes, structures or substances, and for
minimising as far as is reasonably practicable injurious
interference with the electric wires, lines and apparatus
of other parties and the currents therein, whether such
lines do or do not use the earth as a return:
(4) The promoters shall be deemed to take all reasonable pre-
cautions against interference with the working of any
wire, line or apparatus, if and so long as they adopt and
employ at the option of the promoters either such insu-
lated returns or such uninsulated metallic returns of
low resistance, and such other means of preventing in-
jurious interference with the electric wires, lines and
apparatus of other parties and the currents therein as
may be prescribed by the Board of Trade regulations,
and in prescribing such means the Board shall have
regard to the expenses involved and to the effect thereof
upon the commercial prospects of the undertaking:
(5) At the expiration of two years from the passing of the
Act confirming this Order the provisions of this section
shall not operate to give any right of action in respect
of injurious interference with any electric wire, line, or
apparatus, or the currents therein, unless in the con-
struction, erection, maintaining and working of such
wire, line and apparatus all reasonable precautions, in-
cluding the use of an insulated return, have been taken
to prevent injurious interference therewith, and with
the currents therein, by or from other electric currents:
(6) If any difference arises between the promoters and any
other party with respect to anything hereinbefore in this
section contained, such difference shall, unless the parties
otherwise agree, be determined by the Board of Trade, or
at the option of the Board by an arbitrator to be
appointed by the Board, and the costs of such determina-
tion shall be in the discretion of the Board or of the-
arbitrator as the cass may be:
[(GA) When any department of His Majesty's Government
1584 TRAMWAYS.
represents to the Board of Trade that the use of elec-
trical power under this Order injuriously affects, or is
likely to injuriously affect, any instruments or appa-
ratus, whether electrical or not, used in any observatory
or laboratory belonging to or under the control of that
department, the Board of Trade, after such inspection
or inquiry as they may think proper, may by thoir
special regulations require the promoters to use such
reasonable and proper precautions, including insulated
returns, as the Board of Trade may deem necessary. for
the prevention of such injurious affection. For the pur-
poses of this sub-section any inspector of the Board of
Trade may, during his inspection of the promoters' woi j ks
and apparatus, be accompanied by any person or persons
appointed in that behalf by the Government department
concerned, and the promoters shall give all due facilities
for the inspection. Provided that in the case of any
observatory or laboratory established after the com-
mencement of this Order, or of any instruments or appa-
ratus hereafter used in any existing observatory or
laboratory which may be of greater delicacy than those
used therein at the commencement of this Order, the
Board of Trade shall consider to what extent, if any, it
is expedient in the interests of the public that the powers
of this sub-section should be exercised, regard being had
to the site of the observatory or laboratory or the pur-
poses of the instruments or apparatus as the case
may be ():]
(7) The expression " the promoters " in this section shall
include [their lessees and (m)] any person owning, work-
ing or running carriages over any tramways of the
promoters.
*iPom&st 25. (a) Notwithstanding anything in this Order or in the
General. Order of 1901 contained, if any of the works by this Order
authorised involves, or is likely to involve, any alteration of tiny
(/) This clause will be added where the Board of Trade think it neces-
sary.
(TO) Omit where the promoters are not a local authority and have no
power of leasing.
TRAMWAYS ORDERS CONFIRMATION ACT. 1585
telegraphic line belonging to or used by His Majesty's Post-
master-General, the provisions of sect. 7 of the Telegraph Act,
1878 (ri), shall apply (instead of the provisions of sect. 30 of
the Tramways Act, 1870) to any such alteration.
(b) In the event of the tramways or any part thereof being
worked by electricity, the following provisions shall have effect:
(1) The promoters shall construct their electric lines and other
works of all descriptions, and shall work the undertaking
in all respects with due regard to the telegraphic lines
from time to time used or intended to be used by the-
Postmaster-General and the currents in such telegraphic
lines, and shall use every reasonable means in the con-
struction of their electric lines and other works of all
descriptions and the working of their undertaking to
prevent injurious affection, whether by induction or
otherwise, to such telegraphic lines or the currents
therein. Any difference which arises between the Post-
master-General and the promoters as to compliance with
this sub-section shall be determined by arbitration:
(2) If any telegraphic line of the Postmaster-General is injuri-
ously affected by the construction by the promoters of
their electric lines and works, or by the working of their
undertaking, the promoters shall pay the expense of all
such alterations in the telegraphic lines of the Post-
master-General as may be necessary to remedy such
injurious affection:
(3) Before any electric line is laid down, or any act or work
for working the tramways by electricity is done within
ten yards of any part of a telegraphic line of the Post-
master-General (other than repairs), the promoters or
their agents, not more than twenty-eight nor less than
fourteen days before commencing the work, shall give
written notice to the Postmaster-General specifying the
course of the line and the nature of the work, including
the gauge of any wire, and the promoters and their
agents shall conform with such reasonable requirements
() 41 & 42 Viet. c. 76, s. 7, provides for the giving of notice to the
Postmaster-General, and enables the Postmaster-General, if he thinks fit,
to carry out the alterations himself.
1536 TRAMWAYS.
(either general or special) as may from time to time
be made by the Postmaster-General for the purpose of
preventing any telegraphic line of the Postmaster-
General from being injuriously affected by the said act
or work. Any difference which arises between the Post-
master-General and the promoters or their agents with
respect to any requirements so made shall be determined
by arbitration:
(4) If any telegraphic line of the Postmaster-General situate
within one mile of any portion of the works of the
promoters is injuriously affected, and he is of opinion
that such injurious affection is or may be due to the
construction of the works of the promoters or to the
working of their undertaking, the enginecr-in-chief of
the Post Office, or any person appointed in writing by
him, may at all times when electrical energy is being
generated by the promoters enter any of the works of
the promoters for the purpose of inspecting the plant of
the promoters and the working of the same, and the
promoters shall, in the presence of such engineer-in-
chief, or such appointed person as aforesaid, make any
electrical tests required by the Postmaster-General, and
shall produce for the inspection of the Postmaster-
General the records kept by the promoters pursuant to
the Board of Trade regulations:
(5) In the event of any contravention of or wilful non-com-
pliance with this section by the promoters or their
agents, the promoters shall be liable to a fine not exceed-
ing 10 for every day during which such contravention
or non-compliance continues, or if the telegraphic com-
munication is wilfully interrupted, not exceeding 50
for every day on which such interruption continues:
(6) Provided that nothing in this section shall subject the
promoters or their agents to a fine under this section if
they satisfy the Court having cognizance of the case
that the immediate doing of any act or the execution of
any work in respect of which the penalty is claimed was
required to avoid an accident, or otherwise was a work
of emergency, and that they forthwith served on the
postmaster or sub-postmaster of the postal telegraph
TRAMWAYS ORDERS CONFIRMATION ACT.
office nearest to the place where the act or work was done
a notice of the execution thereof stating the reason for
doing or executing the same without previous notice:
(7) For the purposes of this section a telegraph line of the
Postmaster-General shall be deemed to be injuriously
affected by an act or work if telegraphic communication
by means of such line is, whether through induction or
otherwise, in any manner affected by such act or work,
or by any use made of such work:
(8) For the purposes of this section and subject as therein
provided, sects. 2, 10, 11 and 12 of the Telegraph Act,
1878, shall be deemed to be incorporated Avith this
order (o) :
(9) The expression " electric line " has the same meaning in
this section as in the Electric Lighting Act, 1882 (p):
(10) Any question or difference arising under this section which
is directed to be determined by arbitration shall be
determined by an arbitrator appointed by the Board
of Trade, on the application of either party, whose deci-
sion shall be final, and sects. 30 to 32, both inclusive, of
the Regulation of Railways Act, 1868 (g), shall apply
in like manner as if the promoters or their agents werp
a company within the meaning of that Act:
(11) Nothing in this section contained shall be held to deprive
the Postmaster-General of any existing right to pro-
ceed against the promoters by indictment, action or
otherwise in relation to any of the matters aforesaid:
(o) Sect. 2 is a definition section, sects. 10 and 11 provide for the prose-
cution of offences and the recovery of money by the Postmaster-General,
and sect. 12 deals with the authentication, service, &c. of documents.
(p) 45 & 46 Viet. c. 56. The definition is (sect. 32):" A wire or wires,
conductor or other means used for the purpose of conveying, transmitting
or distributing electricity, with any casing, coating, covering, tube, pipe
or insulator enclosing, surrounding or supporting the same, or any part
thereof, or any apparatus connected therewith for the purpose of conveying,
transmitting or distributing electricity or electric currents."
(g) 31 & 32 Viet. c. 119. Sects. 3032 provide for the appointment and
remuneration of the arbitrator, and apply Railway Companies Arbitration
Act, 1859 (22 & 23 Viet. c. 59), ss. 1829, which deal with the conduct of
arbitrations.
1587
1588
TRAMWAYS.
Traffic upon
tramways.
[Promoters'
lessees] () not
bound
to carry
animals,
goods, &c.
Provisions as
to carriage of
animals,
goods, &c.
[Promoters'
lessees] (s) not
to cany
animals or
goods.
Promoters to
run rejruhir
daily service
of cars.
(12) In this section the expression " the promoters " includes
[their lessees and] (r) any person owning, working or
running carriages over any tramways of the promoters
or any part thereof.
TRAFFIC UPON TRAMWAYS.
26. The tramways may be used for the purpose of conveying
passengers, animals, goods, minerals and parcels.
27. The [promoters' lessees] (s) shall not be bound to carry,
unless they think fit, any animals, goods, minerals or parcels,
other than passengers' luggage not exceeding twenty-eight pounds
in weight.
28. In case the [promoters' lessees] (s) carry animals, goods,
minerals or parcels, they may, and when required by the [cor->
poratiori] (t) shall, carry the same in separate carriages, or sepa-
rate parts of carriages, set apart for that purpose: Provided that
this provision shall not apply to the carriage of passengers'
luggage not exceeding twenty-eight pounds in weight.
[Where animals and goods are not to be carried, substitute for the last
three sections:
28A. The [promoters' lessees] (s) shall not carry on the tram-
ways any goods, animals, or other things, other than passengers
and passengers' luggage, not exceeding twenty-eight pounds in
weight, and small parcels.]
{28s. (1) The promoters shall run over the entire system of
tramways by this Order authorised a sufficient and regular daily
service of cars.
(2) Any matter in difference between the local authorities or
any of them and the promoters as to the sufficiency of the service
upon the system, or any part of the system, shall from time to
time be referred to the arbitration of a person nominated by the
Board of Trade, and the provisions of this Order as to arbitra-
tion shall apply accordingly.
(r) Omit where the promoters are not a local authority and have no
power to lease.
(s) Where the promoters are not a local authority, or are a local autho-
rity with power to work the tramways, substitute " promoters."
() Where the promoters are not a local authority substitute "local
authority."
TRAMWAYS ORDERS CONFIRMATION ACT. 1589
(3) The promoters shall be liable to a penalty of five pounds
for every day during which they fail to give effect to any decision
of a referee under this section, and such penalty may be recovered
as by this Order provided by any local authority interested (*)]
28c. [A section may be inserted here, if desired, similar to sect. 53 of Local author i-
tho Model Order, ante, p. 822, giving local and road authorities power to au thorities
use the tramways for sanitary purposes, and to make the necessary June- mayusetram-
tions. If the promoters are a local authority, the junctions alone and not w ?ys for cer-
the user need to be provided for.]
RATES.
[Throughout this portion of the Order " promoters " must be substituted
for " promoters' lessees," where the promoters are not a local authority
or are a local authority with power to work the tramways.]
29. The [promoters' lessees] may demand and take for every Passengers'
passenger travelling upon the tramways, or any part' thereof,
including every expense incidental to such conveyance, any rates
or charges not exceeding one penny per mile (and for this purpose
a fraction of a mile beyond an integral number of miles shall be
deemed a mile), but in no case shall the promoters' lessees be
bound to charge a less sum than twopence (x).
30. The promoters or any person working or using the tram- As to fares on
ways shall not take or demand on Sunday or any public or local holidays,
holiday any higher rates or charges than those levied by them
on ordinary week days.
31. Every passenger travelling upon the tramways may take Passengers'
with him his personal luggage not exceeding twenty-eight pounds
in weight without any charge being made for the carriage thereof.
Provided that all such personal luggage be carried by hand and at
the responsibility of the passenger, and do not occupy any part of
a seat nor be of a form or description to annoy or inconvenience
other passengers.
32. (1) The [promoters' lessees] at all times after the opening Cheap fares
of the tramways for public traffic shall and they are hereby
required to run a proper and sufficient service of carriages for
artisans, mechanics, and daily labourers each way every morning
(w) This provision may be usefully inserted where the promoters are
not a local authority.
(x) The amounts in italics are the amounts usually authorised.
1590
TRAMWAYS.
Rites and
charges for
animals,
goods, &c.
Payment of
rates.
Periodical
revision of
rates and
charges.
and every evening (Sundays, Christmas Day, Good Friday, and
public holidays always excepted) at suoh hours not being later
than eight in the morning or earlier than five in the evening
respectively as may be most convenient for such workmen going
to and returning from their work, at fares not exceeding one
half -penny for every mile or fraction of that distance. On Satur-
days the [promoters' lessees], in lieu of running such carriages
after five o'clock in the evening, shall run the same at such hours
between noon and two o'clock in the afternoon as may be most
convenient for the said purposes.
(2) If complaint is made to the Board of Trade that such
proper and sufficient service is not provided, the Board, after con-
sidering the circumstances of the locality, may by order direct
the [promoters' lessees] to provide such service as may appear to
the Board to be reasonable.
(3) The [promoters' lessees] shall be liable to a penalty not
exceeding five pounds for every day during which they fail to
comply with any order under this section.
33. The [promoters' lessees] may demand and take in respect
of any animals, goods, minerals, or parcels conveyed by them on
the tramways, including every expense incidental to such convey-
ance, any rates or charges not exceeding the rates and charges
specified in the schedule to this Order annexed, subject to the
regulations in that behalf therein contained.
34. The rates and charges by this Order authorised shall be
paid to such persons and at such places upon or near to the tram-
ways and in such manner and under such regulations as the
[promoters' lessees] may by notice to be annexed to the list of
rates and charges appoint.
35. If at any time after three years from the opening for public
traffic of the tramways, or any portion thereof, or after three
years from the date of any order made in pursuance of this sec-
tion in respect of the tramways, or any portion thereof, it is
represented in writing to the Board of Trade [by the promoters
or by their lessees, or by twenty inhabitant ratepayers of the
borough] (y] that under the circumstances then existing all or
(y) Where the promoters are not a looal authority substitute " by the
local authority of any district in which the tramways or such portion are
or is wholly or partially situate, or by twenty inhabitant ratepayers of
the district, or by the promoters."
TRAMWAYS ORDERS CONFIRMATION ACT. 1591
any of the rates and charges demanded and taken in respect of
the traffic on the tramways, or on such portion, should be revised,
the Board of Trade may (if they think fit) direct an inquiry
by a referee to be appointed by the said Board, in accordance
with the provisions of the Tramways Act, 18 TO, and if such
referee reports that it has been proved to his satisfaction that
all or any of the rates or charges should be revised, the said Board
may make an order in writing altering, modifying, reducing, or
increasing all or any of the rates and charges to be demanded
and taken in respsot of the traffic on the tramways, or on such
portion of the tramways, in such manner as they think fit, and
thenceforth such order shall be observed until the same is revoked
or modified by an order of the Board of Trade made in pursuance
of this section. Provided always that the rates and charges pre-
scribed by any such order shall not exceed in amount the rates
and charges by this Order authorised. Provided also that a
copy of this section shall be annexed to every table or list of rates
published or exhibited by the promoters [or their lessees].
MISCELLANEOUS .
36. Notwithstanding anything in the Tramways Act, 1870, to Power to
the contrary, the corporation may place and run carriages on, ^work" **
and may work and may demand and take rates and charges in tramways,
respect of the tramways and in respect of the use of such carriages,
and may provide such stables, buildings, carriages, trucks, horses,
harness, engines, machinery, apparatus, steam, cable, electrical
and other plant, appliances and conveniences as may be requisite
or expedient for the convenient working or user of the said tram-
ways by animal or mechanical power, and in such case the several
provisions in this Order contained relating to the working of the
tramways and the taking of rates and charges therefor shall
extend and apply, mutatis mutandis, to and in relation to the
corporation, and the corporation may work such tramways and
demand and recover such rates and charges accordingly, but
nothing in this section shall empower the corporation to construct
any station for generating electrical power nor to create or permit
a nuisance.
[36A. Notwithstanding anything in this Order or in the Tram- As to pur-
ways Act, 1870, contained, the powers of purchase given by **
1592
TRAMWAYS.
undertaking
by local
authorities.
Regulations.
"Working
agreements.
sect. 43 of that Act shall not bo exerciseable by any of the local
authorities of the districts through which the tramways shall pass
until tho expiration of a period of - years from the date of
this Order. The period of twenty-one years in the said section
mentioned shall in respect of the undertaking be deemed to be
the period of years from the said date, and the periods of
seven years in the said section mentioned shall be deemed to be
periods of seven years subsequent to such period of - years (2).]
37. The regulations authorised by the Tramways Act, 1870,
to be made by the promoters of any tramway and their lessees
may, with respect to any tramways or portions o,f tramways for
the time being, belonging to and worked by the corporation, be
made by the corporation alone.
38. The promoters may, with the consent of the Board of
Trade, from time to time, but subject to the provisions of this
Order
(1) enter into and fulfil contracts and agreements with any
person or local authority who are authorised to enter
into such contracts and agreements and are tho owners
or lessees of any tramways in the borough or in any
adjacent district which can be worked with any of the
tramways of the corporation with respect to
(a) tho construction of the whole or any part of the
tramways by this Order authorised;
(b) the use, maintenance and management by the con-
tracting parties, or any or either of them, of the whole
or any part of their respective tramway undertakings;
(c) the interchange, accommodation and forwarding
of carriages, passengers, and traffic coming from or
destined for the respective undertakings of the contract-
ing parties; and
(d) the fixing, collecting and apportionment of the
rates, charges and other receipts arising from such
traffic ;
(2) confirm any such contracts and agreements which may have
(2) To be inserted where the promoters are not a local authority and it
is desired to vary the terms of sect. 43 of the Act, as is now usual in
tramway orders. Other purchase clauses, embodying the usual terms of
purchase, will be found in the Model Order, ante, pp. 835 sqq.
TRAMWAYS ORDERS CONFIRMATION ACT. 1593
been entered into before the confirmation of this
Order (a).
Insert, where the promoters are not a road authority, or not the sole
road authority:
39. The promoters and any road authority may, subject to the Agreements
provisions of this Order and with the consent of the Board of authorities.
Trade, from time to time enter into any agreements with respect
to the construction, maintaining, renewing, repairing and using
of the tramways situated within the district of such road autho-
rity, and the rails, plates, sleepers and works connected there-
with, and the facilitating of the traffic over the same.
40. The promoters may include in any mortgage of the local Moitgaaresto
rate made under sect. 20 of the Tramways Act, 1870, the moneys and^ate^ 11
coming to them out of the rents reserved under any lease made
under the authority of the Tramways Act, 1870, or this Order,
and the rates, charges and sums authorised to be taken or received
by them under the provisions of this Order.
41 . Nothing in this Order or in the Tramways Act, 1870, con- Saving as to
tained shall prevent the promoters borrowing money on the borro^in^ on
security of mortgages of the undertaking, or shall make the con- mortgage,
sent or approval of the Board of Trade necessary to the validity or
effect of any such mortgage. Provided that every mortgage of
the undertaking shall be deemed to comprise all purchase-money
which may be paid to the promoters in the event of a compulsory
sale of the undertaking, or any part thereof, to the local autho-
rity under sect. 43 of the Tramways Act, 1870, as amended by
this Order, and that any mortgage granted by the promoters
shall not be a charge upon the undertaking, or any part thereof,
in the event of the undertaking or such part being purchased by
the local authority under the said section as so amended, and that
every mortgage deed granted by the promoters shall be endorsed
with notice to that effect. .
42. All orders, regulations, and by-laws made, and consents Ordprs, &c.
and certificates given, by the Board of Trade under the authority of Trade
this Order shall be signed by a secretary or an assistant-secretary
of the Board, and when purporting to be so signed the same shall
(a) Other forms of this section will be found in sects. 54a, 54b of the
Model Order, ante, p. 823.
1594
TRAMWAYS.
Recovery of
penalties.
Audit of
accounts.
Protection
of local
authority.
Power to hold
patents.
Form and
delivery of
notices.
be deemed to be duly made in accordance with the provisions of
this Order, and to be orders and regulations within the meaning
of the Documentary Evidence Acts, 1868 and 1882 (6), and may
be proved accordingly.
43. Any penalty under this Order, or under any by-laws or
regulations made under this Order, may be recovered in manner
provided by the Summary Jurisdiction Acts (c).
44. Sects. 246 and 250 of the Public Health Act, 1875 (d),
shall apply to the audit of accounts of the receipts and expendi-
ture of the promoters and their officers with respect to the tram-
ways as if such accounts related to receipts and expenditure under
that Act.
45. Sect. 265 (protection of local authority and their officers
from personal liability) of the Public Health Act, 1875, is hereby
incorporated with this Order, and in construing that section for
the purposes of this Order the expression " this Act " where
used in that section shall mean this Order (e).
46. The promoters may, subject to the provisions of this Order
(but only for the purposes of the undertaking, and not so as to
acquire any exclusive right therein), acquire, hold, and use any
patent or other rights and any licences to use patent rights relat-
ing to the construction or working of tramways or carriages used
thereon.
47. With respect to notices and to the delivery thereof by or
to the promoters, the following provisions shall have effect (that
is to say):
(1) Every notice, consent or approval shall be in writing, and
if given by the promoters, or by any local or road autho-
(6) 31 & 32 Viet. c. 37 and 45 & 46 Viet. c. 9.
(c) In Scots Orders substitute Summary Jurisdiction (Scotland) Acts
(contrast tho terms of sect. 56 of the Act). These Acts are Summary
Jurisdiction (Scotland) Acts, 1864 and 1881 (27 & 28 Viet. c. 53 and
44 & 45 Viet. c. 33), and any amending Acts (by Interpretation Act, 1889
(52 & 53 Viet. c. 63), s. 13 (8)).
(d) 38 & 39 Viet. c. 55. Substitute sact. 247 for sect. 248 where the
promoters are an urban district council who are not the council of a
borough. The audit of the accounts of rural district councils, parish
councils and parish meetings is provided for by Local Government Act,
1894 (56 & 57 Viet. c. 73), s. 58.
Omit in Scots Orders.
(e) Omit this section in Scots Orders.
TRAMWAYS ORDERS CONFIRMATION ACT. 1595
rity or company, shall be signed by their clerk or
secretary (/) :
(2) Notices and other documents required or authorised to be
served under this Order may be served in the same
manner as notices under the Public Health Act,
1875 (g), are by sect. 267 of that Act authorised to be
served. Provided that in the case of any local authority
or company any such notice or other document shall be
delivered or sent by post in a prepaid letter addressed
to the clerk to the local authority at his office, or to
the secretary of the company at their registered or
principal office.
48. Where under the provisions of the Tramways Act, 1870, Provisions as
and this Order, any matter in difference is referred to the arbi-
tration of any person nominated by the Board of Trade (/&), the
provisions of the Arbitration Act, 1889, shall apply to every such
arbitration, and the decision of the arbitrator shall be final and
conclusive and binding on all parties, and the costs of and inci-
dental to the arbitration and award shall, if either party so
require, be taxed and settled as between the parties by any one of
the taxing masters of the High Court, and such fees may be taken
in respect of the taxation as may be fixed in pursuance of the
enactments relating to the fees to be demanded and taken in the
offices of such masters, and all those enactments, including the
enactments relating to the taking of fees by means of stamps, shall
extend to the fees in respect of the said taxation.
[In Scots Orders substitute the following:
48A. (1) Where under the provisions of the Tramways Act,
1870, or this Order, any question is to be referred to or deter-
(/) Where the promoters are a company read " secretary or clerk."
(0) 38 & 39 Viet. c. 55.
In Scots Orders substitute for sect. 47 (2) the following: Any notice
to be delivered by or to the promoters to or by any body or any company
or corporation may be delivered by being left at the principal office of
such body, company or corporation, or at the office of the [clerk to the]
promoters, as the case may be, or by being sent by post in a registered
letter addressed to their respective clerk or secretary at their principal
office, or to the clerk [secretary] to the said promoters.
(A) See sects. 30 and 33 of the Act, and sects. 17, 24 and 28b of this
Order.
p. VOL. u. 47
1596 TRAMWAYS.
mined by arbitration, that question shall, unless otherwise agreed,
be referred to the Board of Trade, or, if the Board of Trade think
fit, to an engineer or other fit person appointed as arbiter by
the Board.
(2) The Board of Trade Arbitrations, &c. Act, 1874 (), shall
apply with reference to the determination by the Board of any
such question, or of any other matter under this Order, and to
the appointment of an arbiter, as if this Order were a special Act
within the meaning of sect. 4 of that Act.
(3) The costs of and incidental to any such arbitration and
award shall be paid as directed by the arbiter, and shall, if either
party so requires, be taxed and settled as between the parties by
the auditor of the Court of Session in Scotland.]
Saving for 49 Nothing in this Order contained shall exempt the promoters
general Acts. . . .
or any person using the tramways irom the provisions ot any
general Act relating to tramways passed before or after the com-
mencement of this Order, or from any future revision or alteration
under the authority of Parliament of tho maximum rates of rates
and charges authorised by this Order.
SCHEDULE.
MAXIMUM RATES AND CHARGES FOR ANIMALS, GOODS, &c.
Per Mile.
Animals. s. d.
For every horse, mule or other beast of draught or burden
per head 4
For every ox, cow, bull or head of cattle 3
For every calf, pig, sheep or other small animal 1^
Goods and Minerals.
For all coals, coke, culm, charcoal, cannel, limestone, chalk,
lime, salt, sand, fireclay, cinders, dung, night soil, town
refuse, compost and all sorts of manure and all un-
dressed materials for the repair of public roads or high-
ways per ton 2
For all iron, iron-ore, pig-iron, bar-iron, rod-iron, sheet-
iron, hoop-iron, plates of iron, slabs, billets and rolled
iron, bricks, slag and stone, stones for building, pitching
() 37 & 38 Viet. c. 40.
TRAMWAYS ORDERS CONFIRMATION ACT. 1597
Per Mile.
8. d.
and paving tiles, slates and clay (except fireclay) and
for wrought iron not otherwise specifically classed herein,
and for heavy iron castings, including railway chairs ...
per ton 2
For all sugar, grain, corn, flour, hides, dye, woods, earthen-
ware, timber, staves, deals and metals (except iron),
nails, anvils, vices and chains, and for light iron castings
per ton 3
For cotton, wools, drugs and manufactured goods, and all
other wares, merchandise, fish, articles, matters or things
not otherwise specially classed herein ............ per ton 4
For every carriage of whatever description ..................... 1
Small Parcels.
Distance.
For any parcel not exceeding 7 Ibs. in weight .................. 3
For any parcel exceeding 7 Ibs. and not exceeding 14 Ibs.
in weight ............................................................ -5
For any parcel exceeding 14 Ibs. and not exceeding 28 Ibs.
in weight ............................................................ 7
For any parcel exceeding 28 Ibs. and not exceeding 56 Ibs.
in weight ............................................................ 9
For any parcel exceeding 56 Ibs. in weight but not exceeding
500 Ibs. in weight, such sum as the person conveying the
same may think fit:
Provided always that articles sent in large aggregate quantities,
although made up in separate parcels, such as bags of sugar, coffee,
meal and the like, shall not be deemed small parcels, but that term
shall apply only to single parcels in separate packages.
For the Carriage of single Articles of great Weight.
Per Mile.
For the carriage of any iron boiler, cylinder or single piece of * d.
machinery, or single piece of timber or stone, or other
single article the weight of which, including the carriage,
exceeds four tons but does not exceed eight tons, such
sum as the person conveying the same may think fit,
not exceeding per ton ............................................. 2
For the carriage of any single piece of timber, stone, machinery,
or other single article the weight of which with the car-
riage exceeds eight tons, suoh <?nm as the person conveying
the same may think fit.
47 (2)
1598 TRAMWAYS.
Regulations as to Rates.
For articles or animals conveyed on the tramways for a less dis-
tance than a mile, rates and charges as for one mile may be demanded.
A fraction of a mile beyond an integral number of miles shall be
deemed a mile.
For a fraction of a ton, rates and charges may be demanded and
taken according to the number of the quarters of a ton in such frac-
tion, and if there be a fraction of a quarter of a ton, such fraction
shall be deemed a quarter of a ton.
With respect to all articles except stone and timber, the weight
shall be determined according to Imperial avoirdupois weight.
With respect to stone and timber, fourteen cubic feet of stone,
forty cubic feet of oak, mahogany, teak, beech or ash, and fifty cubic
feet of any other timber, shall be deemed one ton weight, and so in
proportion for any smaller quantity.
This schedule is very similar to the schedule to the Model Order, ante,
p. 848. It will be observed that this schedule does not relieve the pro-
moters from the obligation to carry single articles of great weight, or
provide for charges for loading and unloading. A rate for bicycles and
tricycles may be added, if desired.
( 1599
INDEX.
[Volume II. begin* at p. 859.]
ABANDONMENT of portion of light railway, Order for, 857.
ACCEPTANCE FOE HONOUE, 304.
ACCOMMODATION WOEKS, agreement by railway company to execute,
12121214.
ACCOUNT; ACCOUNTS,
acknowledgment of balance of, 3.
agreement for sharing profits, 38, 39.
clauses as to, in contracts for employment of agents, 5, 6, 17, 22, 25, 30.
in licences, agreements, &c. relating to patents, 1006, 1009,
1023, 1048, 1065, 1074, 1096, 1126, 1138, 1174.
in working agreement between railway companies, 1237,
1238.
covenant to keep books of, in deed of inspectorship, 188, 198.
of sales, publishers to furnish, 275, 281, 288.
provisions as to, in articles of apprenticeship to merchant, 106.
steward, of, 101.
submission to arbitration in matters of, 128 130.
ACCOUNTANT, power to arbitrators to employ, 122, 129.
ACKNOWLEDGMENT,
and undertaking as to production of patent, 1069.
by mortgagee to mortgagor of receipt of title deeds, 1.
of balance of account, 3.
of charge, lien, &c. on intestate's estate, 3.
of debt to bar Statute of Limitations, 3.
of satisfaction of registered judgment, 1.
of title to bar Statute of Limitations, 2.
that agreement entered into on behalf of another person, 3.
ADMINISTEATOE of deceased author, assignment of copyright by, 289,
290.
ADOPTION of child, agreement for, 6264.
ADVANCEMENT, power of, in separation deed, 1346.
ADVEETISEMENT of sale by auction. See AUCTIONS AND AUCTIONKKKS.
ADVOWSON,
agreement for sale of, 46, 47.
of next presentation. 48 50.
resignation bond, 330.
Volume I. ends with page 858.
1600 INDEX.
AFFIDAVIT,
on registration of bill of sale, 315.
verifying consent to enter satisfaction on bill of sale, 316.
AFFIRMATION, 133, 134.
AGENCY CONTRACTS,
agreement for exclusive privilege of selling patent medicine for a term
of years, 13 18.
clause restraining agent from engaging in similar business, 12.
colonial agent, agreement for employment of, 27 30.
commercial traveller, agreement for employment of, 31, 32.
factor, agreement for employment of, 4 9.
manager of company, agreement for employment of, 9 12.
sole agency for sale of patent articles in metropolis, 18 23.
underwriting agency, agreement for, 23 27.
AGENT, notice of revocation of authority of, 890.
AGREEMENT,
adoption of child, 62 64.
advowson, sale of, for life or years, 46, 47.
between joint applicants for patent, defining their interests on working
separately, 10301032.
between a trade protection society and a workmen's union, 1560 1563.
between foreign Government and English company for construction and
working of a railway, 1240 1256. See RAILWAY.
between promoters of public undertaking and landowner for purchase
of land, 539.
bond for performance of, 327.
building. See BUILDING CONTRACTS.
by railway company to execute accommodation works, 1212 1214.
by author not to engage in similar publications, 280.
by manufacturer to pay expenses of obtaining patent, manufacturer to
work patent with option of purchase, 1008 1011.
colonial agent, employment of, 27 30.
commercial traveller, employment of, 31, 32.
deposit of goods as security for loan, 59.
factor, employment of, 4 9.
family arrangement, 65.
farming stock, sale of, 34, 35.
for letting an allotment by borough or urban district council, 1379, 1380.
by parish council, 13701372.
for a building grant in consideration of a perpetual rent-charge, 345
348.
for a loan by instalments to enable inventor to take out and work patent,
10021007.
for compiling a dictionary, consideration to be paid by instalments in
advance, 282 284.
for construction of railway station and line, 1214 et seq.
for composition with creditors, 210. See ARRANGEMENTS \vrrn
CREDITORS.
for formation of syndicate to purchase patent and sell the same to a
company, 1051 1053.
for editing book in three volumes by three editors, each taking one
volume, 286.
for exclusive licence for United Kingdom by foreign patentee, 1041
1043.
for extensive alterations of and additions to house in London, 342 345.
for grant of exclusive licence to work patent for a district, 1037 1041.
for hire, with option to purchase, of furniture, 703 706.
machinery, 707 710.
pianoforte, 706.
Volume I. ends with page 858.
INDEX. 1601
AGREEMENT continued.
for letting of small holding, 13611363, 1365.
for indemnity against rent and covenants, 712.
for loan charged on patents, repayable out of share of profits, 1011
1014.
for publication of new edition of existing book, 284.
for purchase of patent by trustee for proposed company, 1028 1030.
for purchase of land by burial board, 443.
for sale of moiety of patent, purchase-money payable by instalments,
10141017.
for sale of book on commission, 274, 275.
for sale of patent after acceptance of complete specification, 1021.
for sale of foreign and colonial patents in course of being obtained,
10251027.
for writing and publishing of book, copyright to belong to publisher,
and author to have right to edit future editions, 276 280.
for sale of small holding, 1363, 1364.
for writing and publishing of book on profit-sharing terms, 281.
growing timber, purchase of, 32.
hire of chattels, 59.
hire-purchase of patent, 10431047, 10481051.
loan, for a, 57, 58.
manager, employment of, 9 12.
manufacture of salt, 39 42.
memorandum of, on sale by auction, 272 274.
milk, supply of, 35 37.
next presentation, sale of, 48 50.
patent medicine, exclusive right of selling, 13 18.
reversionary interest in stock, sale of, 51, 52.
sale of leasehold shop, fixtures, stock-in-trade and goodwill of business;
payment by instalments, 42 45.
sole agent, appointment of, for sale of patent articles, 18 23.
sole right of compounding and vending medicine, 38, 39.
standing corn, sale of, 34.
steamship, construction of, 52 57.
to assign patent on payment of royalties up to fixed minimum, 1049.
to build house, &c. where no architect employed, 340 342.
to pay for goods to be supplied to a third person, 700.
to execute mortgage, 291.
to obtain and assign patent in consideration of sum of money and
delivery of a certain number of patent articles, 1018 1021.
under Agricultural Holdings Act. See AGRICULTURAL HOLDINGS.
understudy at theatre, engagement of, 61.
underwriting business, conduct of, through agent, 23 27.
with burial board to execute works, 445 449.
working quarry, for, 60.
working and selling invention in respect of which patent applied for,
for joint benefit of inventor and another, for, 1032 1037.
working, between railway companies, 1227 1240. See RAILWAY.
AGRICULTURAL HOLDINGS,
agreement as to compensation for improvement in Sched. I., Part 2, to
be paid to tenant under a lease, 69.
for compensation for consumption of cake, 71.
for strawberry plants and fruit bushes, 74.
making half-a-year's notice sufficient, 75.
defining mammal equivalent when course of cultivation laid
down, 78.
between landlord and tenant after claim for compensation, 83.
application for landlord's consent to improvement in Sched. I., Part 1...
66.
Volume I. ends with page 858.
1602 INDEX.
AGRICULTUEAL HOLDINGS con tinned.
appointment of valuer to act on behalf of landlord, 86.
of outgoing tenant, 87.
of arbitrator to deal with claims on determination of
tenancy, 87.
to determine compensation for damage by
game during currency of tenancy, 88.
of arbitrator in place of deceased arbitrator, 88.
authority to agent to act, 66.
award by arbitrator, 89 91.
claim for compensation for unreasonable disturbance, 83.
clause dispensing with notice and fixing terms of compensation for
improvement in Sched. I., Part 2... 70.
securing compensation for improvement in Sched. I., Part 3. ..71.
for compensation for several improvements in Sched. 1., Part 3...
72.
in lease of market garden to avoid liability to make compensation
for fruit trees and bushes, 76.
allowing removal of permanent market garden crops, 76.
forbidding sale of hay, straw, &c. in last year of tenancy, 77.
making tenant liable for injury or deterioration, 77, 79.
prescribing system of cultivation, 77.
requiring account of croppings, sales and return of manures to
be kept, 78.
substituting another period as the period for making a claim
for damage by game, 82.
for settlement of claims for compensation by valuation, 85.
reserving landlord's right of action as an alternative to arbitra-
tion, 85.
consent by landlord to improvement in Sched. I., Part 1...67.
by agent to improvement in Sched. I., Part 1...67.
by landlord to laying down permanent pasture by yearly tenant
and agreement as to compensation, 67.
by landlord to payment of compensation by incoming to out-
going tenant, 84.
form of oath by witness before arbitrator, 89.
of affirmation by witness before arbitrator, 89.
formal parts of special case stated by arbitrator for opinion of County
Court, 89.
notice by tenant of intention to execute improvement in Sched. I.,
Part 2... 68.
to landlord of intention to remove fixture for building,
74.
accepting notice to quit part as notice for entire
holding, 75.
to tenant to quit part of holding, 75.
of claim for compensation for improvements, 79.
of claim by market gardener, 80.
by landlord of claim for waste or breach of covenant, 80.
by tenant of claim for other matters besides compensation for
improvements, 81.
of damage by game, 81.
of claim for compensation for damage by game, 82.
of intention to claim compensation for unreasonable disturb-
ance, 82.
of counterclaim by landlord to tenant, 85.
requiring arbitrator to act, 88.
ALLOTMENTS. See SMALL HOLDINGS.
agreement for letting allotment by parish council, 1370 1372.
by borough or urban district council,
1379, 1380.
Volume 1. ends with page 858.
INDEX. 1603
ALLOTMEN TS con tinned.
application for an allotment, 1370, 1378.
market garden improvements, 1372 1374.
model regulations for borough and urban district councils, 1374 1380.
division of land into allotments, 1374.
examination of register of allotments by ratepayers, 1378.
exemption of certain lettings from the regulations, 1378.
general conditions of cultivation, 1376.
interpretation of terms, 1374.
letting of allotments, 1375, 1376.
notice of determination of tenancy, 1377.
notices to be given as to lettings, 1375.
persons eligible to be tenants, 1374.
special conditions applicable only when notice given, 1376, 1377.
model regulations for parish councils, 1366 1372.
division of land into allotments, 1366.
examination of register by ratepayers, 1369.
exemption of certain lettings from the regulations, 1370.
general conditions of cultivation, 1368.
interpretation of terms, 1366.
letting of allotments, 1367.
notice of determination of tenancy, 1369.
notices to be given as to lettings, 1366.
persons eligible to be tenants, 1366.
special conditions applicable only when notice given, 1368, 1369.
ANNUITY,
bond by several obligors for securing, for obligee's life, in consideration
of conveyance of freeholds and copyholds, 338.
bond for securing, for grantor's life, 335, 336.
to man for life and wife surviving, 337.
cesser of, on breach of covenant, 1350.
covenant to pay, as sinking fund for payment of debts, 213.
in deed of separation, 1340.
provision for payment of compensation by, 1254.
purchase of, by wife for benefit of husband, 1349, 1350.
APPEAL, rating. See RATING.
APPOINTMENT,
arbitrator io deal with claims under Agricultural Holdings Act on
determination of tenancy, 87.
to determine compensation for damage by game during
tenancy, 88.
in place of deceased arbitrator under Agricultural Holdings
Act, 88.
in pursuance of clause in articles of partnership, 131.
by claimant under Lands Clauses Acts, 545.
by promoters under Lands Clauses Acts, 546.
to act for both parties under sect. 25 of Lands Clauses Act,
1845... 548.
under sect. 64 of Lands Clauses Act, 1845, by claimant who
is dissatisfied with valuation of a surveyor appointed under
sect. 58... 549.
chaplain by bishop, 616.
deputy steward, 93, 94.
for special purposes, 95.
domestic chaplain, 616.
for meeting m an arbitration, 132, 133.
gamekeeper to kill game, &c., 92.
guardian by a father, 91.
Volume I. ends with page 858.
1604 INDEX.
APPOINTMENT continued.
person to bid for vendor at sale by auction, 272.
receiver and manager of large estate, 96 102.
receiver in memorandum of deposit to secure current account, 292.
single arbitrator, 119, 548.
solicitor to the several offices of steward, gamekeeper, receiver and
manager, 96 102.
steward of a manor, 92.
surveyor by justices under sect. 85 of Lands Clauses Act, 568.
by Board of Trade under sect. 36 of Railway Companies Act,
1867... 570.
surveyors to determine purchase-money where parties under disability,
1204.
third surveyor by justices under Lands Clauses Act, 541, 1206.
two arbitrators and umpire, 121.
umpire by arbitrators, 132, 550.
by Board of Trade under sect. 28 of Lands Clauses Act, 551.
valuer to act for landlord under Agricultural Holdings Act, 86.
for outgoing tenant under Agricultural Holdings Act, 87.
APPORTIONMENT,
of rent by justices under Lands Clauses Acts, 574.
under the Tithe Act, notice of, 1399.
notice of objection to, 1400.
order of Court in case of objection to, 1401.
APPRAISEMENT,
of distress, 608.
requirement of, by tenant or owner of distress, 607.
APPRENTICESHIP,
architect and surveyor, to, 108 111.
assignment of indentures of, by endorsement, 117, 118.
engineers, to a firm of, 111 113.
merchant, to a, with special provisions, 105 108.
schoolmistress, to a, to qualify pupil as governess, 116.
sea service, to, 104.
solicitor, articles of clerkship to a, 114 116.
surgeon, to a, the premium to be paid by instalments, 113, 114.
trader, to a, 102, 103.
APPROVED SOCIETY under the National Insurance Act, rules of, 1540
et seq. See TRADE UNIONS.
ARBITRATION. See AWARD.
accountant, power to arbitrator to appoint, 122, 129.
accounts, submission of, to two arbitrators and umpire, 128 130.
affirmation, form of, 133, 134.
agreement for licence to work patent, arbitration clause in, 1040.
agreement for reference (concise form), 118.
agreement for construction of railway station and line, clause in, 1227.
appointment of arbitrator in pursuance of arbitration clause in articles
of partnership, 131.
of umpire by arbitrators, 132.
assignment of share of patent, arbitration clause in, 1081.
award under Agricultural Holdings Act, 89 91.
bond, submission by, in common form, 130.
building contract, arbitration clause in, 342, 363.
clause for, in \vorking agreement between railway companies, 1239.
confirmation of award on reference back, 154.
construction of steamship, arbitration clause in, 57.
Volume I. ends with page 858.
INDEX. 1605
ARBITEATION continued.
costs, clauses as to, in submissions, 119, 122.
death, submission not to bo defeated by, 122, 130.
enlargement of tune by arbitrator, 134.
by the parties, 134.
executor, agreement of reference by, as to testator's estate, 123.
as to liability, not as to assets, '124.
factor, clause in agreement for employment of, 8.
firo insurance, submission of claim under policy of, 126.
arbitration clause in policy of, 141.
lease or agreement subject to Agricultural Holdings Act, clause in, 85.
licence to work patent, clause in, 1108.
meeting in the reference, appointment for, 132, 133.
manufacture of salt, clause in agreement for, 42.
notice by arbitrators to umpire of final disagreement, 134.
of revocation to arbitrator, 136.
to parties of award made, 136.
to produce documents by arbitrator, 137.
by solicitor of a party, 136.
oath to be administered by arbitrator, form of, 133.
partnership deed, arbitration clause in, 125.
power for arbitrators to proceed ex parte after notice, 129.
purchase, submission of disputes arising out of, 127.
revocation of submission by a party, 135.
shipbuilding contract, recital of arbitration clause in, 151.
special differences, recital of, 120, 121, 126, 128.
steward and manager of estates, arbitration clause in deed of appoint-
ment of, 102.
submission by agreement, general form, 119, 120.
clauses in, 120 123.
under Agricultural Holdings Act. See AGRICULTURAL HOLDINGS.
Lands Clauses Acts. See LANDS CLAUSES ACTS.
underwriting agent, arbitration clause in agreement for employment
of, 26, 27.
various parties, submission by deed as to differences between, 125.
ARCHITECT, articles of apprenticeship to, 108111.
ARRANGEMENT, family, to give effect to intended will, 65.
ARRANGEMENTS WITH CREDITORS,
accountant-trustee, remuneration of, 184.
accountant-inspector, remuneration of, 189.
agreement for composition (short form), 210.
application of moneys realised by trustees, 213.
by inspectors, 189, 198.
under deed of inspectorship to carry out statu-
tory scheme, 220, 221.
assent to deed of assignment, 218.
of composition, 219.
assignment and conveyance for benefit of creditors:
by partners, 176183.
in consideration of covenants not to sue and of release on certi-
ficate by trustee and committee of creditors, 175.
with proviso for carrying on debtor's business, 210 212.
with immediate release of debts, 168 174.
assignment of personal estate by one debtor for benefit of creditors,
183, 185.
to secure composition, 205.
Volume I. ends with page 858.
1606 INDEX.
ARRANGEMENTS WITH CREDITORS continued.
avoidance of deed of inspectorship, 216.
banking of moneys and securities by inspectors, 190, 199.
by trustees, 214.
bankruptcy rules, application of, 180, 190.
bond for payment of composition, 339.
committee of creditors, power to appoint new members of, 174.
composition between partners and their joint creditors, with covenants
not to sue, 202204.
deed supplemental to deed of composition and inspector-
ship, and avoiding same, 215, 216.
with assignment to secure same and release of debts, 204
207.
conveyance and assignment of real and personal estate to trustees, 168,
176, 211.
covenant by debtor to surrender copyholds, 178.
to make up accounts, 187.
to carry on business and realise estate, 187.
not to encumber estate, 188.
to keep books of account, 188, 198.
to allow inspectors to examine books and vouchers,
188.
not to carry on new business, 188.
to wind up business and realise estate under control
of inspectors, 197.
to assign estate if required (deed of inspectorship),
192, 200.
to pay composition and costs, 205.
to pay instalments of composition, 208.
to pay annuity as sinking fund for payment of
debts, 213.
to wind up under inspection (statutory scheme),
220.
by creditors not to sue, 175, 181, 187, 197, 203, 217.
by family creditors not to sue for certain time, 208.
declaration of trust of copyholds, 178.
of leaseholds, 172, 180.
deed of composition where payment secured by surety and covenants on
the part of certain creditors to postpone payment of their debts, 207
210.
deed of inspectorship between partners and their joint and separate
creditors where business to be carried on, 185
196.
between one debtor and his creditors where busi-
ness to be wound up, 196 202.
to carry out statutory scheme, 219 221.
dissentient creditors, power to settle with, 174, 179, 185, 196.
dividends, inspectors to declare, 190.
investment by trustees, 214.
letter of licence to debtor to cany on business, 186, 217.
to wind up business, 197.
married woman, composition by, debtor to pay annuity as sinking fund
for payment of debts, 212 215.
meetings of creditors, power to call, 173.
mode of sale of property, 177.
new or additional trustees, power to appoint, 173, 215.
inspectors, power to appoint, 195.
notice of meeting to consider statutory composition or scheme, 225.
power of attorney to trustees, 172, 181.
to inspectors, 193, 201.
Volume I. ends with page 858.
INDEX. 1607
ARRANGEMENTS WITH CREDITORS continued.
power to inspectors to bring and defend actions, 191, 199.
to sell, 191, 199.
to employ assistants, &c., 198.
to compound debts and settle disputes, 191, 199.
to arrange with mortgagees, 191, 200.
to determine licence to debtor on resolution, &c., 194.
to determine deed on resolution, &c., 202.
power to trustees to postpone conversion, 169, 177.
to compromise and arrange with mortgagees, 171, 179.
to employ debtor and others, 171, 179, 184, 211.
to bring and defend actions, 171, 180, 185.
to settle disputes, 171, 180, 185.
to complete or rescind contracts, 172, 180.
proposal for statutory composition, 222.
scheme of arrangement, 223.
proviso for carrying on business instead of selling, 211.
recital of proposal to pay composition by instalments, 207.
of proposal and acceptance of arrangement, 168, 176, 219.
of proposal of inspectorship, 186, 196.
of resolutions for acceptance of composition, 202, 204.
release of debtor, 172, 185, 193, 201, 203, 206, 208, 209, 214, 216.
on certificate of trustee and committee, 175, 181.
removal of trustee, 174.
remuneration of trustee, 171, 179.
resolutions for a statutory composition, 223, 224, 226.
accepting a scheme of arrangement, 227.
scheme of arrangement, proposal for statutory, 222, 223.
secured creditors, clauses as to, 173, 192, 200, 214.
securities, proviso as to, 182, 204.
sureties, reservation of rights against, 172, 182, 192, 200, 204, 214, 216.
trusts of proceeds, 169, 170, 178, 184.
verification of claims, 170, 179, 191, 199.
ARTICLES. See APPRENTICESHIP.
of clerkship to solicitor, 114 116.
ASSENT,
to deed of assignment for benefit of creditors, 218.
composition, 219.
ASSIGNMENT,
by way of mortgage of moneys due and to become due under several
contracts, 233 235.
chattels by way of security, of, 311.
copyright of book, 289.
of book in MS., by administrator of deceased author, 290.
of published book and MS. additions, 290.
for benefit of creditors. See ARRANGEMENTS WITH CREDITORS.
goodwill and plant, of, in consideration of sum to be paid by instal-
ments, 235 240.
indenture of apprenticeship, of, 117.
lease, of, notice of, 734.
legacy, of, by way of mortgage, 871.
by way of sale, 230.
licence by patentee, of, licensor being a party, 1090 1092.
not being a party, 1089.
moiety of patent, of, with conditions of separate working, 1069 1071.
Volume I. ends with page 858.
1608 INDEX.
ASSIGNMENT continued.
notice of, of life assurance policy, 229.
of legacy to executors, 231.
of reversionary interest in stock, 240.
of book debts, 241.
of personalty as security, 241.
patent, of, with benefit of improvements, &c., 1059 1062.
for a district, 10671069.
in consideration of gross sum and further percentages, 1062
1066.
to trustees for co-owners in equal shares, 1075 1081.
by one co-grantee to the other, 1086 1088.
to the inventor, a foreigner, by his agent the patentee, 1088.
policy of life assurance, of, by mortgagor to mortgagee, 860, 867, 868.
by vendor to purchaser, 228.
share in partnership, of, 232.
share of patent, assignor alone to work the patent, 1081 1086.
with special provisions as to each co-owner working
separately, 10711075.
to secure composition, 205.
ASSURANCE. See INSURANCE; LIFE ASSURANCE.
ATTOENMENT,
by several tenants to purchaser from landlord, 729.
to receiver or purchaser, with consent of landlord and mortgagee, 730.
AUCTIONS AND AUCTIONEERS,
advertisement:
freeholds, by order of the Court, 243.
furniture, 245.
leaseholds, by order of mortgagees, 244.
machinery, in bankruptcy, 244.
announcement of withdrawal of lots, 245.
application for licence, 242.
appointment of a person to bid for vendor, 272.
authority to sell an estate in lots, 242.
goods by auction, 243.
conditions of sale:
of goods, 256, 258.
of a ship, 259.
Tattersall's, of sale of horses and carriages, 260.
of stocks and shares, 264.
wholesale tea trade, 266.
wholesale timber trade, 268.
wholesale wool trade, 269.
wholesale wine trade, 270.
letter to vendor for instructions for conducting sale, 243.
memorandum of agreement:
on a sale by auction, 272.
on a letting by auction, 273.
on a sale of shares, &c., 273.
on a sale by private contract subject to conditions for an auction
sale, 274/
particulars:
a freehold estate, 247.
a copyhold estate, 248.
a manor, 248.
a freehold and copyhold estate, 249.
a leasehold estate, 251.
a rent reserved upon a lease for a term, 251.
an improved ground rent, 251.
Volume I. ends with page 858.
INDEX. 1609
AUCTIONS AND AUCTIONEERS continued.
particulars continued.
a rent-charge in fee, 251.
a rent-charge for life, 252.
an advowson, 252.
a next presentation, 253.
a ship, 254.
cows and heifers, 255.
freehold or copyhold house and garden, 245.
freehold farm and leasehold cottages in two lots, 246.
freehold house, bakehouse and mill, 247.
growing timber, 253.
horses, 255.
imported goods, 254.
leasehold for lives, 247.
life interest in a freehold house, 248.
manor with right of fishery and advowson, 249.
policy of insurance, 256.
presentation for life of vendor or for a term, 253.
rectorial or great tithes, 252.
reversion in freeholds, 248.
shares in a company, 256.
vicarial or small tithes, 252.
AUTHOR AND PUBLISHER,
accounts of sales, publisher to deliver, 275, 281, 288.
additional remuneration on quick sale, proviso for, 277.
agreement for sale of book on commission, 274, 275.
for writing and publishing book; copyright to belong to
publisher, and author to have right to edit future editions,
276280.
for writing and publication of book on profit-sharing terms,
281.
for compiling a dictionary, remuneration to be paid in advance
by instalments, 282.
for publication of new edition of existing book, 284.
for editing book in three volumes by three editors, each
taking one volume, 286.
not to engage in similar publications, 280.
to repay advances on failure to complete work, 284.
application of proceeds of sales, 275.
assignment of copyright of book, 289.
of published book and MS. continuations and
additions, 290.
of book in MS. by administrator of deceased
author, 290.
copies to be delivered to author or editor, 280, 287, 289.
death of author, proviso for, 277 279.
of editor, proviso for, 287.
delay by author while work in the press, 279.
failure by author to complete edition within stipulated time, 283.
future editions, provisions as to, 276, 283, 286.
increase of editor's remuneration if more than fixed number of copies
printed, 287.
licence to print, publish and sell one edition of book, 288.
limitation of number of copies of edition, 289.
number of copies of each edition, proviso as to, 279.
publisher to have sole right of selling edition, 274.
remuneration of editor, provision for payment of, by instalments, 285.
royalty, provision for payment of, 288.
sale of copies on hand at reduced price, proviso for, 282.
Volume I. ends with page 858.
1610 INDEX.
AUTHOEITY,
to sell an estate in lots, 242.
to sell goods by auction, 243.
to trustees to carry on trade, 1334.
AWARD,
action for recovery of land, 156.
between solicitor and client, 150.
partners under submission of parties and order of reference by
Master, 139.
partners as to division of assets, &c., 145 147, 160, 161.
children of intestate, 148, 149.
by umpire, recitals in, 155.
by two arbitrators under Lands Clauses Acts, 552.
by umpire under Lands Clauses Acts, 554, 1208.
by arbitrator under Lands Clauses Acts, stating a case, 555.
under Agricultural Holdings Act, 89.
clauses in awards, 154161.
confirmation of, on reference back, 154.
costs, 157.
dissolution of partnership and consequent directions, 147, 148, 159, 160.
executor, against, 157.
fire insurance, by umpire on claim under policy of, 140 142.
where claim found to be fraudulent, 142 144.
general release, for, 150.
insurance of honesty of clerk, on policy of, 144.
notice to parties of, 136.
of one arbitrator for payment of a sum of money and mutual relo.iscs.
138.
of two arbitrators, the third dissenting, 151 153.
on indictment referred, directing prostration of nuisance, 165 167.
partnership accounts, on, 158, 159.
recital of submission, 154.
set-off, of balance of, 155.
shipbuilding contract, under, 151 153.
special case, in form of, 161 165.
sum to be taken in full satisfaction, 150.
under order of Court in action for non-delivery of ship, 151 153.
BANKER, bond to secure fidelity of chief clerk of, 325, 326.
BANKING DOCUMENTS,
bills of exchange. See BILL OF EXCHANGE.
bond from principal and two sureties to secure balance of current
account, 246248.
circular note, 300.
foreign circular note, 300.
letter of credit, 299.
memorandum of deposit of documents to secure balance of current
account, 291.
mortgage of freeholds to trustees of banking company to secure current
account, 296298.
request to bank to accept drafts against clean bill of lading, 299.
to ask agents to accept draft against bill of lading, 298.
BANKRUPTCY,
deed of inspectorship to carry out statutory scheme of arrangement,
219221.
notice of meeting to consider composition or scheme, 225.
of manager, clause for determination of engagement on, 10.
Volume I. ends with page 858.
INDEX. 1611
BANKRUPTCY continued.
proposal for composition, 222.
for scheme of arrangement, 223.
resolutions for composition, 223, 224, 226.
for scheme of arrangement, 227.
BENEFIT SOCIETY, EULES OF,
account books, 626.
acquisition of land, 620.
accusations against members, 645.
admission of members, 622.
aliens, 622, 672.
allowances for extraordinary business, 654.
amendment of rule?, 663.
annual meetings, 643, 649.
returns, 661.
appeals committee, 652, 653.
application of funds, 619.
for admission, 620, 622.
arbitration, 662, 663.
assistant secretary, 658.
attendance of officers, 654.
auditors, 660, 661.
awards for introducing members, 623.
balance sheets, 627.
benefits in case of members abroad, 644, 645.
books of account, 659.
business of annual meeting, 648.
change of air, removal for, 634.
of residence, 646.
committee regulations, 654.
constitution, 617.
contributions, 623 625.
convalescent homes, 641, 642.
conversion of annual into special meeting, 649.
conviction of felony, 645.
copies of returns. 662.
of rules, 665.
custody of deeds and securities, 656.
death intestate of members, 614.
declaration on fund, 627 629.
off fund, 635, 636.
delegates, 646 649.
dereliction of duty by officers, 652.
disputes, 662, 663.
distressed members, 640, 641.
division of funds, 619.
duties of sick members, 633 635.
of trustees, 656.
election of auditors, 660.
delegates, 646648.
executive council, 650.
trustees, 655.
embezzlement of society's property, 637.
emblems, 623.
excluded members, 646.
executive council, 650 652.
exhibition of balance sheet, 662.
extraordinary meeting of executive council, 651.
false medical certificates, 637.
finance and investment committee, 653.
Volume I. ends with page 858.
p. VOL. jj. 48
1612 INDEX.
BENEFIT SOCIETY, RULES OF continued.
fines and penalties for non-payment of contributions, 624.
fire claims, 639.
funeral allowance, 642, 643.
general purposes committee, 653.
hospital patients, 631633.
imposition, 636.
imprisonment for debt, 640.
injuries for which no benefit allowed, 629.
inspection of books, 659.
investigation by Chief Registrar, 663, 664.
investment of funds, 619.
junior section, 672686.
accusations against members, 685.
admission of members, 673, 674.
assistant secretary, 684.
auditors, 685.
change of residence, 685.
committee of management, 683.
contributions, 674, 675.
death allowance, 682.
declaration on sick fund, 676, 677.
off the fund, 680.
default, 675, 676.
entrance fee, 674.
hospital patients, 679.
imposition, 680.
investment of funds, 684.
management fund, 683.
medals, &c., 685.
members going abroad, 679.
misrepresentation, 674.
name, constitution, office, objects, 672, 673.
nominations, 681.
offences by sick members, 679.
payment of sick claims, 680.
redemption of sick allowance, 681.
regulations for sick members, 677 680.
registration of members, 674.
removal for change of air, 678.
secretary, 684.
transfer to adult society, 682, 683.
treasurer, 684.
trustees, 684.
lying-in allowance, 637, 638.
marriage after admission, 621, 622.
members in workhouses or lunatic asylums, sick pay of, 629.
name, 617.
nominations, 643.
objects, 617, 618.
payment of delegates, 649.
of contributions, 623625.
penalty for working while on sick fund, 635.
pension, 631.
postage of letters by members, 627.
powers of executive council, 650, 651.
preservation of order, 654.
president and vice-president, 649.
purchase of interest of aged and infirm members, 646.
qualification of members, 620 622.
Volume I. ends with page 858,
INDEX. 1613
BENEFIT SOCIETY, RULES OF continued.
quarterly notices, 627.
accounts, 650.
reduction of sick allowance, 629 631.
registered office, 617.
removal of sick members, 634, 635.
of trustees, 655.
remuneration of assistant secretary, 658.
members of executive council, 652.
secretary, 658.
treasurer, 659.
trustees, 656.
reversal of decisions of executive council, 649.
sick allowance, rate and payment of, 628.
secretary, 657, 658.
special meetings, 649.
special supervision of sick members, 636, 637.
statutory declarations, 664.
strangers, admission of, 655.
surplus contributions, 625, 626.
tables of contributions and benefits, 666 671.
treasurer, 658, 659.
trustees, 655,656.
valuations, 664.
visitation of sick members, 633, 634.
voluntary dissolution, 664.
widows of deceased members, 643.
withdrawal of accumulations, 626.
of members, 645.
women as members, 622, 670, 671.
BENEVOLENT SOCIETY, RULES OF,
accounts and audit, 690.
alteration of rules, 687.
annual returns, 691.
committee of management, 688.
constitution, 686.
copies of return 5 ", 691.
of rules, 690.
discharge of mortgages, 692.
disputes, (593.
holding of land, 692.
inspection of books, 691.
investment of funds, 692.
membership, 687.
name and registered office, 686.
new rules, 687.
objects, 687.
secretary, 688, 689.
treasurer, 688, 689.
trustees, 688, 689.
voluntary dissolution, 693.
BILL OF EXCHANGE,
acceptance for honour, 304.
foreign, 303.
inland, on foreign firm, 303.
pavable abroad, 304.
notice of dishonour, 305.
Volume I. end* with page 858.
48 (2)
1614 INDEX.
HILL OF EXCHANGE continued.
payable at fixed period after date, 301.
at sight, 302.
by instalments, 302, 303.
on demand, 301.
on fixed date, 302.
protest by notary public, 304.
where notary not available, 305.
BILL OF LADING,
general produce, Mediterranean, Black Sea and Baltic steamer, 305
307.
grain cargo, Mediterranean, Black Sea and Baltic steamer, 307, 308.
New York Produce Exchange, 308311.
request to bank to accept drafts against, 298, 299.
BILL OF SALE,
absolute, by married woman, her husband being a party, 314, 315.
affidavit on registration of, 315.
agreement for payment of principal and interest, 312.
not to remove chattels, 312.
to insure, 312.
to observe conditions of tenancy, 312.
to permit inspection, 312.
to repair on notice, 313.
assignment of chattels by way of security, 311.
consent to enter satisfaction, and affidavit verifying consent, 316.
of personal chattels by way of mortgage, 311 314.
power to seize and sell in certain events, 313, 314.
BILLS OF QUANTITIES, provisions as to, in building contracts, 343, 355.
BOND,
by purchaser of leaseholds indemnifying vendor from rent and cove-
nants, 710, 711.
by several obligors for securing annuity for obligee's life, in considera-
tion of conveyance of freeholds and copyholds, 338.
for faithful service of clerk in employment of company, with sureties,
324.
to partners, notwithstanding alteration in
firm, 322324.
for payment of composition according to composition deed, 339.
of instalments, agreement to give, 45.
of money and interest, in one sum or by instalments, with
one or more obligors and one or more obligees, 317.
for performance of agreement, 327.
for quiet enjoyment, where title commenced at too late a period, 329.
for seourinsr annuity for grantor's life, repurchasable, 335.
to man for life and to hi? wife surviving, repur-
chasable, 337.
performance of contract with burial board for execution
of works, 449.
from builders, with sureties, for due performance of building contract-,
349.
from legatee to executor, to refund, if there should be a deficiency of
assets, 320 322.
from one to two for payment of sum by instalments in full discharge
of larger sum; if instalments not duly paid, to be only a partial
discharge, 318, 319.
- . , . ,j
Volume I. ends with patje 858.
INDEX. 1615
BOND continued.
from principal and two sureties to bankers to secure current account,
296298.
from two sureties to merchant guaranteeing payment i'or goods to be
supplied to tradesman, 702.
from vendor to purchaser against loss of title deeds, 714.
for quiet enjoyment or return of purchase-
money in case of eviction, 327.
general form, 317.
indemnifying mortgagees against claim of dower, 715 717.
limitation of amount recoverable under a, 298.
Lloyd's, 334.
transfer of, 335.
not to carry on business within a certain distance for a certain number
of years, 331.
post obit, with surety, for securing sum if vendor should survive his
father, 320.
submission to arbitration by, in common form, 130.
to executor of obligor of lost bond, on payment, 713.
to resign a rectory on request after cither of the patron's two sous is
competent to take it, 330.
to secure fidelity of banker's chief clerk, 325, 326.
to secure payment of instalments of purchase-money for share of out-
going partner, and to indemnify him against liabilities of the part-
nership, 332.
with sureties under sect. 85 of the Lands Clauses Consolidation Act,
1845... 570.
BOOK. See AUTHOR AND PUBLISHER.
agreement for sale of, on commission, 274, 275.
for writing and publishing, copyright to belong to pub-
lisher and author to nave
right to edit future editions,
276280.
on profit-sharing terms, 281.
for publication of new edition of, 284.
for editing, 286.
afisignnient of copyright of, 289, 290.
licence to print, publish and sell one edition of, 288.
BUILDING CONTRACTS,
access of architect to works, 354.
agreement for construction of steamship, 52 57.
for building house, &c. where no architect employed, 340
342.
for extensive alteration of and additions to house in London,
342345.
for a building grant in consideration of perpetual rent-
charge, 345 348.
with schedule of conditions sanctioned by the Royal Insti-
tute of British Architects, 350 et seq.
arbitration clause, 342, 363.
assignment of moneys due and to become due under, 233 235.
bankruptcy, &c. of builder, cesser of contract on, 344.
bills of quantities, 343, 355.
bond from builders, with sureties, for due performance of contract to
build a school and alter and repair a house, 349.
burial ground works, 445 449.
clerk of works, 354.
commencement and execution of works, 344.
Volume: I. endtt with page 858.
1616 INDEX.
BUILDING CONTRACTS continued.
contractor to provide materials, 343, 353.
copies of drawings and specifications, 352.
copy of estimate, 353.
damage to persons and property, 357.
damages for non-completion, 359.
date of completion, 358.
defective work, 343, 355, 356.
dismissal of workmen by architect, 354.
drawings and specification, 344, 352.
dwelling-houses, agreement for erection of, 34.6.
extension of time lor completion, 359.
extras, 341343, 354.
insurance, 358.
local authorities, notices to, &c., 353.
non-payment by emplcyer, 363.
payment and certificate, 344, 362.
plans, agreement to deposit, 347.
" prime cost," meaning of, 361.
provisional sums, 361.
re-entry, power of, in case of default of grantee, 348.
streets, agreement to make, 346.
sub-contractors, 357.
suspension of works by contractor, 341, 359 361.
unfixed materials to be property of employer, 355.
work to be opened up at request of architect, 356.
BUILDING SOCIETIES,
rules for a permanent building society, 364 et seq.
actuary, 383.
advances to members, 373, 374.
agents, 385.
alteration of rules, 385.
annual meetings, 365.
audit, 384.
bankers, 384.
bankrupt and compounding members, 369.
borrowing powers, 372.
branch offices, 365.
business premises, 373.
cessation of membership, 370.
chief office, 365.
common seal, 386.
compulsory withdrawal, 372.
consolidation of mortgages, 378.
construction of rules, 387.
death of members intestate, 369.
default in repayment of advances, 376, 377.
deposit of securities, 386.
directors, 378380.
dissolution, 387.
disputes, 386.
division of profits, 371, 372.
fire insurance, 377.
form of notice of withdrawal, 387.
of transfer, 387.
general manager, 381.
meetings, conduct of, 366.
indemnity of officers, 384.
infant members, 367.
Volume I. ends with, page 858.
INDEX. 1617
JHJILD1NG SOCIETIES continued.
roles for a permanent building society Continued.
investment of surplus funds, 373.
joint shareholders, 367.
meetings of directors, 380.
membership, 367.
minutes, 380.
monthly subscription meetings, 365.
mortgages, 374 377.
name and objects, 364.
officers, 378 385.
pass-books, 368.
payments by members, 368.
receipts, 368.
redemption of mortgages, 378.
register of members, 367.
rejection of members, 367.
remuneration of solicitor, 382.
sale of mortgaged property, 375 377.
secretary, 380.
security for advances, 374 377.
from officers, 384.
shares, 370.
solicitor, 381383.
special general meetings, 365.
survey, 383.
tables, 388, 389.
transfer of shares, 368.
treasurer, 383.
trustees, 383.
withdrawal of shares, 370, 371.
rules for a terminating building society, 390 et seq.
admitting members after commencement, 392.
alteration of rules, 401.
annual meetings, 400.
arrears at close of society, 402.
audit of accounts, 400.
borrowing powers, 403.
change of officers, 408.
common seal, 402.
completion of unfinished buildings, 398.
conduct of business, 403.
copies of rules, 402.
death of members, 395.
deposit of securities, 403.
directors, 404, 405.
disputes, 401.
election of officers, 402.
entrance and subscriptions, 390.
fines, 390.
form of transfer of shares, 409.
fractions of shares, 391.
interest or redemption money. 399.
investment of capital, 397.
losses, 400.
lunatic and insane members, 394.
manager, 405, 406.
mortgages, 397, 398.
name and office, 390.
receipts, 391.
Volume I. ends with page 858.
1618 INDEX.
BUILDING SOCIETIES continued.
rules for a terminating building society continued.
redemption of mortgages, 399.
register of members, bdl.
remuneration of solicitor, 406 i08.
sale of capital, 395 397.
security for capital purchased, 397, 398.
solicitor, 406408.
special general meetings, 401, 403.
statement of affairs, 400.
surplus capital, 397.
survey committee, 404.
surveyor, 408.
time of payment of subscriptions, 390.
transfer of shares, 392.
of mortgaged premises, 399.
withdrawal, 393, 3d4.
rules for a co-operativa building and land society, 409 el seq.
accounts and balance sheet, 413, 417, 418.
admission of members, 410, 411.
advances, 420 423.
agents, 415.
allotment of houses and sites, 424 427.
alteration of rules, 432.
annual statement, 418, 419.
audit of accounts, 418.
certificate of shares, 436.
change of residence of member, notice of, 430.
classes of shares, 410.
committee of management, 414, 415.
common seal, 433.
completion of unfinished buildings, 421.
conveyances to allottees, 427.
copies of annual return, 419.
of rules, 411.
death, lunacy or bankruptcy of member, 430, 432.
default of mortgagor, 421.
of allottees in payment of instalments, 427.
exclusion from membership, 411.
expenses of management, 412.
fines, 421.
forms, 436, 437.
infant and female members, 411.
insurance, 422.
interpretation of rules, 435.
interest on advances, 410.
investigation of affairs, 434.
investment of capital, 420.
loans and deposits, 432.
maximum holdings, 410.
meetings, 412 414.
misconduct of officers, 417.
mortgages, 420 422.
name and objects, 409.
negotiable instruments, 433.
nominations, 431, 436.
notice of withdrawal, form of, 436.
officers, 414 418.
ordinary general meetings, 412, 413.
Volume I. ends with page 858.
INDEX. 1019
BUILDING SOCIETIES continued.
rules for a co-operative building and laud society continued.
pass-books, 410.
payments by society, 416, 417.
by allottees, 427.
profits, application of, 434.
publicity, 419.
purchase and sale of sites and buildings, 423, 424.
redemption of mortgagee, 422.
reduction of capital, 433.
register of members, 430.
registered office, 40t), 410.
reports of surveyors, 417.
sale of mortgaged property, 421, 422.
secretary, duties of, 4i6.
security from officers, 414.
service of notices, 434.
share certificates, 411.
solicitor, duties of, 416.
special general meetings, 413.
surrender of allotment right, 428.
transfer of shares, 428, 436.
voluntary dissolution, 434.
withdrawal of shares, 429, 436.
BUE1ALS,
bond for securing performance of contract for works, 449.
certificate of burial, 451.
to overseers for payment of expenses incurred by burial
board, 440.
contract for purchase of land by burial board, 443.
for works, 445 449.
conveyance to burial board, 443.
in consideration of rent-charge, 444.
where burial ground to be held and used as existing church-
yard, 445.
grant of exclusive right of burial, 451.
mortgage of poor rates, 441.
notice of burial, 451.
of interment, 450.
of meeting to determine whether burial ground to be provided,
438.
to be sent to Local Government Board, 439.
requisition for meeting to determine whether burial ground shall be
provided, 437.
resolution to provide a burial ground, 438.
summons for meeting of burial board, 440.
terminable annuity deed, 442.
transfer of mortgage, 442.
BUSINESS, assignment of, in consideration of sum to be paid by instal-
ments, 235 240.
BY-LAWS,
for regulation and management of common, 527 532.
under Tramways Act, 1583 1563.
CEMETERY. See BURIALS.
Volume 1. ends with page 858.
1620 INDEX.
CERTIFICATE,
in respect of failure to give occupier's liability notice under the Tithe
Act, 1407.
of burial, 451.
ot compliance with Clerical Subscription Act, 615.
of justices that capital has been subscribed, 542.
CHAPEL Otf EASE, nomination to, 613.
CHAPLAIN,
appointment of, 616.
discharge of domestic, 616.
CHARTERPAETIES, 452458.
CHILD; CHILDREN,
agreement for adoption of, 62 64.
provisions as to custody, maintenance, AUJ. in separation deed, 1346, 1317.
CHURCHYARD. See BURIALS.
CIRCULAR NOTE, 300.
CLUB,
golf, rules and regulations, 489 497.
lawn tennis, rules and regulations, 502 511.
licence by landowner to committee of cricket club to erect pavilion and
use ground for cricket and lawn tennis, 511 513.
political, rules for, 472 480.
rowing, rules and by-laws, 497 502.
social, rules and regulations, 458472.
working men's, rules of, 513 527. See WORKING MKN'S CLUB.
yacht, rules and regulations, 480 489.
COLONIAL AGENT, agreement for employment of, 2730.
COMMERCIAL TRAVELLER, agreement for employment of, 31, 32.
COMMON, by-laws for regulation and management of, 527 532.
COMMUTATION,
of royalties, deed of, 1144.
proviso for, 1156.
COMPANY,
agreement for employment of manager of, 9 12.
for sale of patent to trustee for proposed, 1028 1030.
licence to, to use patent in consideration of premium in cash and shares,
rents and royalties, 1129 1135.
COMPENSATION,
under Agricultural Holdings Act. See AGRICULTURAL HOLDINGS.
under Lands Clauses Acts. See LANDS CLAUSES ACTS.
COMPOSITION. See ARRANGEMENTS WITH CREDITORS.
bond for payment of, 339.
Volume I. ends with page 858.
INDEX. 1621
COMPROMISE,
of divorce proceeding*, deed of separation on, 1349.
power to trustees to, in assignment for benefit of creditors, 171, 179.
to inspectors to, in deed of inspectorship, 191, 199.
COMPULSORY PURCHASE. See LANDS CLAUSES ACTS.
CONDITIONS OF SALE. See AUCTIONS AND AUCTIONEERS.
CONSTRUCTION of steamship, contract for, 5257.
CONTRACT. See AGREEMENT.
assignment of moneys due and to become due under, 233 235.
building. See BUILDING CONTRACTS.
for construction of railway station and line, 214 et seq. See RAILWAY.
CONVEYANCING ACTS, notices under, before enforcing right of re-entry,
727729.
CO-OPERATIVE BUILDING AND LAND SOCIETY, rules for, 409 et
seq. See BUILDING SOCIETIES.
COPYHOLDS,
covenant to surrender, in deed of arrangement, 178.
licence to demise, by tenant for life of manor, 744.
licence to dig for brick earth, &c., 745.
COPYRIGHT,
agreements as to. See AUTHOR AND PUBLISHER.
assignment of, of book, 289.
of published book and MS. additions, 290.
of book and MS., by administrator of deceased author,
290.
COSTS,
clauses as to, in awards, 157.
in submissions to arbitration, 119, 122.
COUNTER-NOTICE, 542.
COVENANT: COVENANTS,
by assignee of patent to pay royalties, &c., and indemnify assignor,
1090, 1091.
by assignor of patent as to extensions, 1067, 1080.
by continuing partner and surety to indemnify retiring partner, 718.
by creditors not to sue, 175, 181, 187, 197, 203, 217.
by debtor not to carry on new business, 188.
not to encumber estate, 188.
to carry on business and realise estate, 187.
to keep books of account, 188, 198.
to allow inspector to examine books and vouchers, 188.
to surrender copyholds, 178.
to make up accounts, 187.
to wind up business and realise estate under inspection, 197,
220.
to pay composition and costs, 205.
to pay instalments of composition, 208.
to pay annuity as sinking fund for payment of debts, 213.
by husband to pay annuity to wife, in separation deed, 1340.
Volume I. ends with page 858.
1622 INDEX.
COVENANT ; COVES ANTS continued.
by lessee uot to release or waive restrictive covenant by underlessee, 737.
that covenants in lease shall apply to altered premises, 742.
to reinstate premises, 741.
to pay costs of licence for . alterations and indemnify lessor,
743.
by licensee of patent not to assign, mortgage, &.c., without consent, 1159.
not to manufacture, llb'4.
to keep books of account, ll)9l>, 1131, 1141.
to stamp articles sent by other licensors, 1157, 1158.
to supply foreign customers of licensor on notice,
113/.
by licensor of patent as to non-user in district, 1115, 1158.
not to grant other licences for the United King-
dom, 1110.
on more favourable
terms, 1160.
not to manufacture or deal in patent articles, 1127.
not to engage in similar business, 1164.
to defend and take proceedings, 1101, 1161.
to supply raw materials at fixed prices, 1105.
to supply patent articles at fixed prices, 1110.
to manufacture for licensee, 1164.
by mortgagee to perform covenants in licence of patent during posses-
sion, 1178.
by mortgagor of patent to keep books of account, &c., 1174.
as to extensions, 1171.
by purchaser to indemnify vendor against consequences of using his
name, 238.
by purchaser of patent to pay percentages on net profits, 1063, 1064.
by sub-licensee of patent not to assign, &c., without consent, 1142.
to give notice of infringements and assist in
proceedings, 1143.
to pay for plates bearing patent mark, 1142.
to perform covenants in superior licence, 1142.
by sureties for payment by mortgagor of life policy, of interest and
premiums, 861 863.
by trustee to indemnify husband against wife's debts, 1341, 1347.
for further assurance (patent), 1020, 1062.
(separation deed), 1348.
for payment of purchase-money by instalments, 1118.
of moneys due on current account at bank, 293.
of principal and interest in mortgage of patent, 1174,
1177.
in bill of sale, 312.
in mortgage of life policy, 859,
864, 867.
by instalments, 876.
and further advances, 11(56,
1167.
at fixed rate and also accord-
ing to profits, 1173.
for quiet enjoyment by mortgagor of patent, 1176.
for validity of licence, 1090, 1176, 1178.
of patent, 1061, 1067, 1076, 1087, 1097, 1145, 1168.
in assignment of life assurance policy, 228.
not to carry on trade within certain district, 237.
not to molest in deed of separation, 1340, 1344, 1349, 1350.
not to disclose invention, 1019.
not to remove chattels, 312.
Volume I. ends with page 858.
INDEX. 1623
COVENANT; COVENANTS continued.
not to take proceedings for divorce, 1344.
not to dispute validity of patent, 1098, 1160.
not to amend specification for patent, 1101, 1158.
not to use invention without purchaser's licence, 1019.
not to sell below certain prices, 1126.
that inventor has not disclosed invention, 1019.
that life policy is valid, 864.
to allow purchaser to uae vendor's name, 238.
to apply for and assign patent for improvements, 1061, 1063.
to assign patent, 1018, 1046, 1049.
to commence manufacture of patent articles and purchase plant, &c.,
1136.
to communicate improvements, &e. (patents), 1061, 1063, 1067, 1070,
1087, 1099, 1120, 1163, 1170.
to deliver lists of customers, 237.
to detect infringements of patent and assist in proceedings, 1098, 1161,
1168.
to execute assignment of patent for district after payment of purchase-
money, 1119.
to indemnify inventor from costs of obtaining patent, 1020.
to instruct purchaser in invention, 1019.
to introduce purchaser of business to customers, 237.
to insure, in bill of sale, 312.
in mortgage of freeholds, 294.
to keep up life policy, 860, 864.
to manufacture patent articles only according to specification, 1098,
1107, 1158.
to observe articles of partnership, 877.
to pay renewal fees (patent), 1068, 1101, 1119, 1161, 1168.
rent and royalties, 1130, 1150.
royalties, 1096, 1100. 1104, 1114, 1125, 1130, 1136, 1141, 1148
1155.
to repair, in bill of sale, 313.
to solicit grant of patent, 1018.
to surrender copyholds, 178.
to use patent mark, 1097, 1106, 1111, 1138, 11561158.
to verify statements of account, 1097.
CRICKET CLUB, licence to, to erect pavilion and use ground for cricket
and lawn tennis, 511 513.
CURRENT ACCOUNT,
bond, with sureties, to secure, 296 298.
memorandum of deposit of documents to secure, 291.
mortsragp of freeholds to trnsf<v>s of banking company to secure, 292
295.
DAMAGES for non-completion of building contract, 359.
DECLARATION OF TRUST,
of copyholds, 178.
of leaseholds, 172, 180.
of patent, 1007, 1013.
DEED OF ARRANGEMENT. See ARRANGEMENTS WITH CREDITORS.
DEED OF INSPECTORSHIP. See ARRANGEMENTS WITH CREDITORS.
Volume 1. ends with page 858.
1624 INDEX.
DEED POLL in default of conveyance under Lands Clauses Acts, 566.
DEL CREDERE COMMISSION, 21.
DEPOSIT,
of documents to secure current account, memorandum of, 291.
of goods as security for loan, agreement for, 59.
DEPUTY STEWAKD,
appointment of, 93, 94.
for special purposes, 95.
power to appoint, 99.
DISHONOUR, notice of, 305.
DISSENTIENT CREDITORS, power to settle with, in deeds of arrange-
ment, 174, 179, 185, 196.
DISSOLUTION,
of partnership, award of, 140, 147, 148, 159161.
deed of indemnity against liabilities on, 718.
notice of, 882, 883.
DISTRESS,
appraisement, 608.
consent of tenant to continuance in possession for more than five days,
608.
declaration by lodger, undertenant, &c., 611.
for tithe rent-charge, order for, 1393, 1396.
inventory of goods distrained, 603.
notice of distress for rent, 605.
of growing crops, &c., 605.
to bailiff of County Court of rent due from execution debtor, 610.
to sheriff of rent due from execution debtor, 609.
to execution creditor from sheriff of rent being due from execution
debtor, 609.
request by tenant to withdraw, with liberty to make a second distress,
606.
by tenant or owner for removal of distress to auction room, 607.
by tenant to sell before the extended time, 608.
by tenant for extension of time to replevy, 607.
requirement by tenant or owner of appraisement, 607.
report by officer ordered to distrain for tithe rent-charge that there is
no sufficient distress, 1399.
warrant to distrain for rent in a house, 603.
on a farm, 603.
DOCUMENTS,
clause as to production of, in submission to arbitration, 120.
notice to produce, by arbitrator, 137.
by solicitor of party to arbitration, 136.
DOMESTIC CHAPLAIN,
appointment of, 616.
discharge of, 616.
DOWER, bond indemnifying: mortgagees against, 715 717.
Volume J. ends with page 858.
INDEX. 1625
EASEMENT, notice to treat for, 535.
ECCLESIASTICAL LAW,
appointment of chaplain by bishop, 616.
of domestic chaplain, 616.
certificate of compliance with Clerical Subscription Act, 615.
discharge of domestic chaplain, 616.
donation, 613, 614.
nomination to chapel of ease, 613.
to perpetual curacy, 613.
presentation, 614.
testimonial for orders, 612.
EDITOK. See AUTHOR AND PUBLISHER.
EMPLOYMENT,
clause in contract of, restraining employee from engaging in similar
business, 12.
of colonial agent, 27 30.
of commercial traveller, 31, 32.
of factor, 4 9.
of manager, 9 12.
of sole agent for sale of patent articles, 18 23.
of underwriting agent, 23 27.
ENGINEER, articles of apprenticeship to, 111113.
EQUITABLE MOETGAGE, deposit of documents by way of, to secure
current account, 291.
EQUITY OF REDEMPTION, notice by purchaser of, to mortgagee, 887.
ESTATE MANAGER, appointment of, 96102.
EXECUTION,
notice to sheriff or bailiff of rent due from debtor, 609, 610.
that goods seized are only let to debtor, 888.
EXECUTOR,
agreement of reference by, as to testator's estate, 123.
as to liability, but not as to assets, 124.
award against, 157.
bond from legatee to, to refund if there should be deficiency of assets,
320322.
notice to, of assignment of legacy, 231.
release to, by residuary legatee, 1332.
EXTRAS, provisions as to, in building contracts, 341 343, 354.
FACTOR, agreement for employment of, 4 9.
FAITHFUL SERVICE, bond for, 322326.
FAMILY ARRANGEMENT to give effect to intended will, 65.
FARMING STOCK, agreement for sale of, 34.
Volume I. ends with page 858,
1626 INDEX.
FIDELITY BONDS, 322326.
FIDELITY INSURANCE, award on policy of, 144.
FIRE INSURANCE,
arbitration clause, 141.
award on claim under policy of, 140 142.
where claim found to be fraudulent, 142 144.
recital of condition as to arbitration in policy, 143.
submission to arbitration of claim under policy, 126.
FIXTURES, notice of intention to remove, under Agricultural Holdings
Act, 74.
FOREIGN,
bill of exchange, 303.
circular note, 300.
firm, inland bill on, 303.
Government, agreement with, for construction and working of railway,
1240 1256. See RAILWAY.
FRIENDLY SOCIETY,
approved society under National Insurance Act, rules of, 1540 et seq.
See TRADE UNIONS.
benefit society, rules of, 617 et seq. See BENEFIT SOCIETY.
benevolent society, rules of, 686 693. See BENEVOLENT SOCIETY.
specially authorised society, rules of, 693 700.
working men's club, rules of, 513 527. See WORKING MEN'S CLUB.
FUND IN COURT, mortgage of interest in, 870, 872875.
FURNITURE, hire-purchase agreement, 703706.
GAME,
appointment of arbitrator to determine compensation for damage by, .
notice by tenant of damage by, 81.
notice of claim for compensation for damage by, 82.
GAMEKEEPER, appointment of, 92, 97.
GAS BILL, 954 et seq.
additional capital, power to raise, 955.
application of moneys raised, 956.
borrowing powers, 956.
capital, 955, 956.
construction of works, 960.
defective meters, 967.
discounts and rebates, 962.
dividends dependent on price charged for gas, 961 .
standard rate of, 956.
excess of profits, application of, 958.
failure to supply gas, 968.
fittings, power to supply, 965, 966.
general purposes of company, 955.
incorporation of Acts, 954.
of company, 954.
interest on deposits as security for meter, &c., 965.
interpretation, 954.
Volume I. ends with page 858.
INDEX. 1627
GAS BILL continued.
issue of new shares or stock, 958 960.
lands, power to purchase, 961 .
limitation of profits, 956 958.
limits of Act, 954.
local authority, contracts with, for supply in bulk, 967.
miscellaneous clauses, 981 1022. See PRIVATE BILL LEGISLATION.
notice of removal by consumers, 966, 967.
notice to discontinue supply, 967.
pipes, &c. between mains and meter, 964, 965.
power to lay pipes in private streets, 960.
prepayment meters, 962, 963.
pressure, 964.
price for supply of gas, 961 963.
priority of mortgages, 983.
quality of gas, 963.
refusal of supply to persons in debt, 967.
reserve fund, 958.
sale of new shares or stock, 958 960.
sale of plant outside district, 987.
saving as to penalties, 964.
special purposes fund, 957.
supply outside limits, 967.
testing quality, 963, 964.
GENERAL EELEASE, award for, 150.
GOLF CLUB, rules of a, 489497.
GOODWILL,
agreement for sale of, 42 45.
assignment of, in consideration of sum to be paid by instalments, 235
240.
GOVEENESS, articles of apprenticeship to qualify pupil as, 116.
GEANT of exclusive right of burial, 451.
GEOUND GAME, licence by occupier to kill, 743, 744.
GEOWING TIMBEE, agreement for purchase of, 3234.
GUAEANTEE,
bond from two sureties to merchants who have agreed to supply trades-
man with goods, 702.
for certain amount, 701.
for debt already due, to prevent proceedings, 701.
for price of goods to be furnished to third person, 700.
to stop proceedings already commenced, 701.
to landlord for rent, 702.
GUAEDIAN,
appointment of, by father, 91.
in agreement for adoption of child, 62, 63.
HIEE of chattels, agreement for, 59.
Volume I. ends with page 858.
p. vox,, ij, 49
INDEX.
HIRE-PURCHASE,
of furniture, agreement for, 703 706.
of machinery, agreement for, 707 710.
of patent, agreement for, 10431047, 10481051, 11161121.
of pianoforte, agreement for, 706.
HUSBAND AND WIFE. See SEPARATION DEED.
IMPROVEMENTS,
clauses as to, in agreements, &c. relating to patents. See PATENT.
under Agricultural Holdings Act. See AGRICULTURAL HOLDINGS.
INDEMNITY,
against partnership debts on dissolution of partnership, 718.
against wife's debts, covenant for, in separation deed, 1341, 1347.
agreement for, against rent and covenants, 712.
bond of, by purchaser of leaseholds, indemnifying vendor from rent and
covenants, 710, 711.
by person carrying on business in another's name, 717.
from vendor to purchaser, against loss of title deeds, 714.
to mortgagees against claim of dower, 715 717.
to executor of obligor of lost bond, on payment, 713.
covenant indemnifying tenant paying rent, where title to reversion in
dispute, 712.
assignor of licence against royalties, 1090, 1091.
inventor from costs of obtaining patent, 1020.
trustees carrying on trade, &c., 1335.
INDICTMENT for nuisance, award on reference of, 165 167.
INFANT, notice to, requiring return of goods, 889.
INNKEEPER, notice by, of intention to sell goods, 889.
INSPECTORSHIP. See ARRANGEMENTS WITH CREDITORS.
INSTALMENTS. See HIRE-PURCHASE.
agreement for loan by, to enable inventor to take out and work patent,
10021007.
for sale of moiety of patent, purchase-money payable by,
10141017.
assignment of business in consideration of sum payable by, 235 240.
bill of exchange payable by, 302, 303.
bond for payment by, general form, 317.
with agreement that if instalments not duly paid,
payments to be only a partial discharge, 318.
covenant by debtor to pay, in composition deed, 208.
for payment of purchase-money by, 1118.
licence in consideration of sum payable by, 1116 1121.
of purchase-money of share of outgoing partner, bond to secure, 332.
provisions as to, in agreement for compiling a dictionary, 282 284.
for sale, 44, 45.
for construction of steamship, 56.
in articles of apprenticeship, 114.
payment of editor's remuneration by, 285.
INSURANCE. See FIRE INSURANCE; LIFE ASSURANCE.
provisions as to, in agreement for hire of machinery, 708.
in building contract, 358.
rales of approved society under National Insurance Act, 1540 et sag.
See TRADE UNIONS.
Volume I. ends with page 858,
INDEX. 1629
INTEREST, notice requiring payment of, on simple contract debt, 888.
INTESTATE, award between children of, 148, 149.
INVENTION. See PATENT.
INVENTORY of goods distrained, 603, 604.
INVESTMENT, trust for, in separation deed, 1344.
JUDGMENT, acknowledgment of satisfaction of, 1.
LANDLORD AND TENANT. See AGRICULTURAL HOLDINGS; DISTRESS.
attornment by several tenants to purchaser from landlord, 729.
to receiver or purchaser, with consent of landlord and mort-
gagee, 730.
covenant by lessee not to release or waive restrictive covenant by under-
lessee, 737.
to pay costs of licence for alterations, and indemnify
lessor, 743.
deed of covenant to indemnify tenant paying rent where title to rever-
sion in dispute, 712.
demand of possession at end of tenancy, otherwise double rent or
value, 724.
pursuant to C. L. P. Act, 1852... 723.
to determine tenancy at will, 723.
guarantee to landlord for rent, 702.
lease to county council for small holdings, 1380 1383.
licence by occupier to kill ground game, 743, 744.
by tenant for life of manor to demise copyholds, 744.
to dig for brick earth, &c. on copyhold lands, 745.
to assign leaseholds, 734.
to underlet, 735.
to underlet part of premises, with proviso that underlessee shall
not assign or underlet without consent of superior lessor, 736.
to carry on profession or business forbidden by lease, 738.
to open communication between two houses held under different
leases, 739.
notice by landlord to quit lodgings, 720.
to take part of land for building, &c. in pursuance
of covenant, 731.
by receiver for mortgagee to tenant, 885.
by tenant to quit lodgings, 722.
to landlord, &c. of action for recovery of the land, 732.
from lessee to lessor of intention to call for renewal of lease, 732.
to purchase inheritance, 733.
of assignment of lease, 734.
from landlord to sheriff of rent being due from execution debtor,
609, 734.
of mortgage to tenant of mortgagor, 884.
to determine lease for twenty-one years at end of first seven or
fourteen years, 722.
to quit by agent of landlord, 720.
of tenant, 721.
by landlord himself, 720.
by tenant himself, 721.
by tenant in common, 722.
to repair, 725, 726.
Volume I. ends with page 858.
49 (2)
1630 INDEX.
LANDLORD AND TENANT continued.
notice to tenant to deliver up possession, pursuant to 1 & 2 Viet. c. 74...
725.
under Conveyancing Acts before enforcing right of re-entry,
727729.
cutting down trees, 728.
ejectment, 727.
for non-repair, 727.
nuisance, 728.
permitting drunkenness, 728.
LANDS CLAUSES ACTS,
agreement between promoters and landowner for the purchase of lands.
539.
appointment of surveyors to determine purchase-money where parties
under disability, 1204.
of third surveyor by justices, 541, 1206.
of an arbitrator by the claimant, 545.
by the promoters, 546.
of a single arbitrator by agreement, 548.
of an arbitrator to act for both parties under sect. 25... 548.
under sect. 64 by a claimant who is dis-
satisfied with the valuation of a sur-
veyor appointed under sect. 58... 549.
of umpire by arbitrators under sect. 27... 550.
by the Board of Trade under sect. 28... 551.
of surveyor by justices under sect. 85... 568.
by Board of Trade under sect. 36 of the Rail-
way Companies Act, 1867... 570.
apportionment of rent by justices, 574.
assessment of compensation by justices, 543.
award by two arbitrators, 552.
by umpire, 554, 1208.
stating a case for the opinion of the Court, 555.
bond with sureties under sect. 85... 570.
certificate of justices that capital has been subscribed, 542.
counter-notice by an owner under sect. 92... 542.
declaration of impartiality by a surveyor, 572.
of correctness of valuation by a surveyor, 573.
deed poll in default of conveyance pursuant to sect. 75... 566.
demand for arbitration under sect. 68, where lands have been injuriously
affected, 545.
enlargement of time for making award, 552.
nomination of a surveyor by justices under sect. 59... 567.
of two surveyors under sect. 9... 540.
notice to treat for purchase of lands, 532, 1185.
for an easement, 535.
from owner requiring arbitration, 1188.
from tenant in tail, &c. requiring arbitration, 1189.
of application to justices to appoint a surveyor, 540.
of desire to have compensation assessed by an arbitrator under
sect. 23... 544.
of appointment of arbitrator by claimant, and request to pro-
moters to appoint an arbitrator, 546.
of appointment of arbitrator by promoters, and request to land-
owner to appoint an arbitrator, 547.
of failure to agree by arbitrators, 552.
by railway company of intention to enter lands for temporary
"purposes, 1189 1191.
from owner or occupier requiring company not to use land for
temporary purposes, 1192.
Volume I f ends with page 858,
INDEX. 1631
LANDS CLAUSES ACTS continued.
notice from owner, &c. of private road requiring company not to use
the road, 1198.
of desire for a jury where lands have been injuriously affected,
Ml.
of intention to summon a jury, and of offer of compensation, 562,
1198.
of desire for a special jury, 564.
of time and place for nominating and striking special jury, 564.
of inquiry to be given by promoter*, 565.
to attend for reducing a special jury, 564.
to arbitrators requiring them to appoint an umpire, 1187.
of intention to apply to Board of Trade to appoint surveyor
under sect. 36 of the Railway Companies Act, 1867... 570.
of intention to apply to justices to appoint a third surveyor, 1206.
to promoters to apportion rent under sect. 119... 573.
to yearly tenant, 575.
to produce lease under sect. 122... 576.
of trial, and to produce documents, 577.
that private road will be required for temporary use, 1197.
to admit, 578.
requiring company to purchase lands taken for temporary pur-
poses, 1195, 1196.
offer of the right of pre-emption of superfluous land under sect. 128...
579.
order of justices that land shall not be taken for temporary purposes,
1193, 1194.
particulars of claim by an owner, 534.
request to arbitrators to appoint an umpire, 550.
summons to apportion rent, 573.
to appear before justices for assessment of compensation pay-
able to a yearly tenant, 576.
titles to originating summonses or petitions, 579, 580.
valuation by a surveyor, 572, 1207.
of agricultural land taken for a railway with injurious affec-
tion to adjoining land, 584.
of brewer's leasehold interest, 599.
of business premises carried on in three houses held under
leases for different terms, 586.
of freehold land on the bank of a river, but for which there
is no demand, 583.
of freehold land taken from an estate with injurious affection
to remainder, 583.
of freehold land as clear site, with alternative valuation on
basis of owner building shops on it, 584.
of freehold houses let to weekly tenants, 585.
of freehold wharf held by executors into whose possession it
will pass on death of tenant for life, 591.
of front portion of proposed building taken for widening a
street, 591, 593.
of lessee's interest in land on which he is about to erect shops
and houses, 582.
of land taken by a gas and water company with consequential
damage to remainder of estate, 594.
of premises taken for a street improvement, with allowance
for betterment, 600.
of public-house where mortgagees are in possession, 599.
of public-house (free lease), 598.
of public-house (tied), 597.
of premises used partly for business and partly for residential
purposes, 589.
Volume I. ends with page 858.
1632 INDEX.
LANDS CLAUSES ACTS continued.
valuation by a surveyor continued.
of pawnbroker's business, where premises required for street
improvement, 588.
of premises where well-known trade carried on, 587.
of premises which have depreciated in value, 583.
of trade premises held on a long lease, 580.
of trade premises held on a short lease, 581.
of theatre, 589.
of water rights taken by a corporation from a landowner, 595.
verdict and judgment, 565.
warrant to sheriff to summon jury to determine value of lands, 563,
120J 1203.
withdrawal of notice to treat by promoters after receiving a counter-
notice, 543.
LAWN TENNIS CLUB,
licence for use of ground, o., 511 513.
rules and regulations of, 502 511.
LEASE. See LANDLORD AND TENANT.
clauses in, with reference to improvements, &c. See AGRICULTURAL
HOLDINGS.
lioonce to carry on business forbidden by, 738.
notice by lessee of intention to call for renewal, 732.
to purchase inheritance, 733.
of assignment of, 734.
to determine at end of first seven or fourteen years, 722.
to lessee to repair, 725, 726.
under Conveyancing Acts before enforcing right of re-entry,
727729.
to county council for small holdings, 1380 1383.
LEASEHOLDS. See LANDLORD AND TENANT.
declaration of trust of, 172, 180.
licence to assign, 734.
to underlet, 735.
to underlet part of premises, with proviso that underlessee shall
not assign or underlet without consent of superior lessor, 736.
LEGACY,
assignment of, by way of sale, 230.
bond from legatee to refund, in case of deficiency of assets, 320 322.
mortgage of, 870.
notice of assignment of, to executors, 231.
release of, in confirmation of gift void for remoteness, 1336.
LETTER OP CREDIT, 299.
LETTER OF LICENCE,
to debtor to carry on business, 186, 217.
to wind up business, 197.
LICENCE,
assignment of, 10891092.
auctioneer's, application for, 242.
by occupier to kill ground game, 743, 744.
by patentee, commutation of royalties reserved in, 1144.
during currency of hire-purchase agreement, 1044, 1048.
exclusive, at rent and royalties, 1099 1103.
Volume 1. ends with page 858.
INDEX. 1633
LICENCE continued.
by patentee, exclusive, for a district, at a sum payable by instalments,
11161121.
in consideration of life annuity,
1121, 1123.
to a company, cash and shares,
royalties and rents, 1129 1135.
for England, Wales and Ireland, with special
provisions, 1135 1140.
for the United Kingdom, subject to prior
licences, minimum prices, 1123 1129.
to manufacture chemicals, licensor to supply
raw materials, 1103 1108.
to sell patent articles to be supplied by licensor,
11091112.
non-exclusive, at royalties only, 1095 1099.
notice of revocation of, 1146, 1147.
notice to make good breaches of covenant in, 1146.
revocation of, memorandum to be entered on register, 1143.
special clauses for insertion in, 1148 1165.
to iirm to manufacture and sell within a district, 1113
1116.
by tenant for life of manor to demise copyholds, 744.
covenant for validity of, 1090, 1176, 1178.
mortgage of, 11751179.
to assign leaseholds, 734.
to carry on business forbidden by lease, 738.
to committee of club to erect pavilion and use ground for cricket, &c.,
511513.
to debtor to carry on business, 186, 217.
to wind up business, 197.
to dig for brick earth, &c. on copyhold land, 745.
to open communication between two houses held under different leases,
739.
to print, publish and sell one edition of book, 288.
to underlet, 735.
to underlet part of premises, with restriction against underlessee assign-
ing, &c., 736.
LIFE ASSURANCE,
assignment of policy of, 228.
award in form of special case on claim under policy of, 161 165.
covenants by sureties in mortgages of policies, 861 865.
mortgage of policy effected in name of mortgagor, 859 861, 866 869.
effected in name of mortgagee, with sureties, 863
866.
notice of assignment of policy, 229.
power for mortgagee to effect policy in default of mortgagor, 865 .
recital of mortgage of policy, 861, 862.
LIGHT RAILWAYS,
abandonment of portion of railway, order for, 857.
deviation order, 854.
extension of time order, 855.
extensions order, 853, 854.
Model Order (Class A.), 746 et seq.
adjoining owners, agreements with, 767.
advances by local authorities, 747, 783 786.
agreements with other companies, 771.
Volume /. ends with page 858.
1634 INDEX.
LIGHT HALLWAYS continued.
Model Order (Class A.) continued.
application of deposit, 787.
of money repaid to local authorities, 785.
arbitration, 788.
bicycles, 778.
borrowing by local authorities, 784, 785.
breaking or falling wires, damage from, 767.
bridges, 757.
charges, 778780.
common lands, 748, 764, 765.
company, application of moneys borrowed by, 782.
borrowing powers, 781, 782.
calls on shares, 780.
capital, 780.
debenture stock, 782.
deposits not to be paid out of capital, 783.
directors, 751, 752.
incorporation, 750.
interest out of capital, power to pay, 782.
meetings, 750.
preference shares, 780.
receiver, appointment of, by mortgagees, 782.
confirmation of Board of Trade, 790.
costs of order, 789.
county council, power of, to borrow, 784.
deposits of money, 786 788.
differences as to roads referred to arbitration, 760.
diversion of roads, 759.
dividends, application of, by local authorities, 785.
electrical communication, 789.
electric power, special provisions as to use of, 773 777.
extraordinary purposes, lands for, 754.
fencing of railway, 761.
gauge and motive power, 753.
general Acts, provisions as to, 788.
incorporation of Acts, 749.
inclination of roads, 756.
interpretation, 748.
junctions, 762, 763.
lands, power to take, 753, 754.
level crossing, 758, 759, 771.
luggage, passengers', 779.
motive power, provisions as to use of, 772 777.
opening of railway, 769.
passengers, maximum rates for, 779.
penalties and expenses, 789.
penalty if railway not opened within time limited, 767, 768.
period for completion of works, 755.
permanent way, 789.
platforms, &c., 790.
Postmaster-General, provisions for protection of, 775 777.
saving for, 772.
power to deviate, 756.
to use portions of another railway, 771.
preamble, 746.
protection of other railway companies, 761 764.
railways authorised, 752.
rates for merchandise, 778.
repair of roads and bridges, 760.
Volume I. ends ivith page 858.
INDEX. 1636
LIGHT RAILWAYS continued.
Model Order (Class A.) continued.
restrictions of weight 011 rails and speed, 770.
on taking houses of labouring classes, 753.
Schedules, 789, 790.
sewers and drains, 765 767.
short title, 748.
signals, 790.
small parcels, charges for, 778.
telegraphs, protection of, 775 777.
telephones, protection of, 755.
tolls, 778.
Treasury grant, 747.
turntables, 789.
votes of local authorities, 784.
working railway, provisions as to, 770 777.
Model Order (Class B.), 791 et seq.
access to sewers, 818.
adjoining owners, agreements with, 820.
alteration of levels of roads, 801.
of lines after construction, 804, 805.
application of materials excavated from roads, 800.
of moneys raised by company, 833.
of moneys borrowed by local authorities, 843.
of moneys received by local authorities, 844, 845.
approval by Board of Trade of mode of construction, &c. of rail-
way, 799.
arbitration, 847.
Board of Trade regulations, 825 827.
borrowing powers, 841 843.
breaking or falling wires, danger from, 815.
bridges and culverts, protection of owners of, 810, 811.
by-laws, power of local or road authority to make, 828.
general provisions as to, 829.
capital of company, 832, 833.
cheap fares for labouring classes, 831.
company, incorporation of, 793.
completion of works and reinstatement of road, 800.
construction of railway at side of road, 803.
in road, 802.
contracts witli road authorities for repairs, 806.
costs of order, 848.
county council, power of, to purchase undertaking, 838, 839.
crossings, &c., 794.
damages, company to be responsible for, 846.
deposits of money, &c., 841.
not to be paid out of capital, 833.
discontinuance of railway, 833, 834.
effect of sale of undertaking, 839.
electric power, special provisions as to use of, 827, 828.
expenditure by local authority on part of railways outside district,
844.
financial provisions, 841845, 850852.
gas and water companies, 815 817.
gauge of railway, 796.
general Acts, provisions as to, 846.
goods, rates for, 831.
incorporation of Acts, 792.
inquiries before referee appointed by Board of Trade, 847, 848.
insolvency of company, 835.
Volume I. ends with page 858.
1636 INDEX.
LIGHT RAILWAYS continued.
Model Order (Class 13.) continued.
inspection by Hoard of Trade, 820.
interpretation, 791.
interest on calls not to be paid out of capital, 833.
lands, appropriation and acquisition of, 797, 798.
lease of railway by local authority, 840.
liability of company to maintain rails, &c., 806.
local authority, power of, to purchase railway, 835 840.
luggage, passengers', 830.
manholes, 819.
maximum rates and charges, 848 850.
mines, reservation of rights of owners, ice. of, 797.
mode of raising money where local authority promoters, 842.
mortgages by local authority, 842.
motive power, 825.
notices, form and delivery of, 846.
orders, &c. of Board of Trade, 846.
passengers, rates for, 830.
payment of rates and charges, 831.
penalties, 848.
penalty for using railway with flange- wheel carriages, 820.
period for completion of works, 798.
periodical revision of rates and charges, 831.
Postmaster-General, protection of, 830.
posts, standards and brackets, 806 810.
power to enter into agreements as to traffic, &c., 825.
to use railway, 820.
of local and road authorities to use railway, 822.
of sale of undertaking, 837, 839.
to generate electricity, 795.
to lay down conductors, &c., 796.
to break up roads, &c., 798, 799.
preamble, 791.
purchase and sale of railway, 835 840.
rails, provisions as to, 805.
railway and canal companies, protection of, 812 814.
railways authorised, 793.
rates and charges, 830832.
regulations as to rates, 850.
removal of railway, 833, 834.
of snow, &c., 821.
repair of roads, 801, 802.
repayment of moneys borrowed, 842.
reservation of power to widen roads, &c., 796.
of right of public to use roads, 796.
returns and accounts, 846.
rights of authorities and companies to open roads, 818, 819.
road widenings, Scc., 793 795.
running powers by agreement, 823.
saving for power to regulate traffic, 821 .
for existing charges in case of borrowing by local authority,
843.
Schedules, 848852.
service of passenger cars, 821.
sewers, &c., protection of, 817, 818.
short title, 791.
sinking fund, &c. where local authority promoters, 850 852.
subsidence of road, 819.
Sundays and holidays, fares on, 830.
temporary railways, 822.
Volume 1. ends urith page 858.
INDEX. 1637
LIGHT RAILWAYS continued.
Model Order (Class B.) continued.
tolls, 830.
traffic on railway, 821.
tramway authorities, protection of, 814.
waiting rooms, 821.
working agreements, 823 825.
Order authorising abandonment of portion of railway, 857.
deviation, 854.
extensions, 853, 854.
extending time for completion, 855.
LLOYD'S, agreement for employment of underwriting agent at, 23 27.
LLOYD'S BOND,
form of, 334.
transfer of, 335.
LOAN,
agreement for, on mortgage, 57, 58.
to enable inventor to take out and work patent, 1002
1007.
for deposit of goods as security for, 59.
charged on patents, repavable out of share of profits, agreement for,
10111014.
LOST BOND, bond of indemnity to executors of obligor on payment, 713.
MACHINERY, hire-purchase agreement, 707710.
MANAGER,
of company, agreement for employment of, 9 12.
of large estates, appointment of, 96 102.
MANOR,
appointment of deputy steward, 93, 94.
of deputy steward for special purposes, 95.
of steward, 92.
licence by tenant for life of, to demise copyholds, 744.
MANUFACTURE of salt, agreement for, 39 42.
MARKET GARDEN,
clause in lease of, to avoid liability to compensate for fruit trees and
bushes, 76.
clause allowing removal of permanent crops, &o., 76.
notice of claim by tenant, 80.
MARRIED WOMAN,
absolute bill of sale by, her husband joining, 314.
deed of composition with creditors by, 212 215.
notice not to give credit to, 890.
MEDICINE, agreement for purchase of sole right of compounding and
vending, in consideration of share of profits, 38.
Volume 7. ends with page 858.
1638 INDEX.
MEMORANDUM,
of deposit of documents to secure current account, 291.
of revocation of licence to be notified on register of patents, 1145.
MERCHANT, articles of apprenticeship to, with special provisions, 105
108.
MILK, contract for supply of, 35 37.
MORTGAGE,
acknowledgment by mortgagee of receipt of title deeds, 1.
agreement to give, to secure payment of instalments, 45.
for a loan on, 57, 58.
bond to indemnify mortgagees against claim of dower, 715 717.
capitalization of interest, proviso for, 873, 874.
chattels, of. See BILL OF SALE.
consolidation, proviso affirming right of, 869.
covenant for payment of principal and interest, 859, 864, 867, 1174, 1177.
of principal, interest and further advances, 1166,
1167.
by mortgagee of licence to perform covenants during posses-
sion, 1178.
by mortgagor of patent to keep books of account, &c., 1174.
as to extensions, 1171.
for quiet enjoyment by mortgagor of patent, 1176.
by sureties for payment of interest and premiums under mort-
gage of life policy, 861865.
that life policy valid, 864.
freeholds, of, to trustees of banking company to secure current account,
292295.
fund in Court, of, 870.
instalments, covenant to pay principal and interest by, 876.
legacy, of, 870.
licence, of, licensor being a party, 1177 1179.
not being a party, 1175 1177.
life policy effected in name of mortgagor, of, 859 861, 866 869.
in name of mortgagee, of, with sureties, 863 866.
moneys due and to become due under several contracts, of, 233 235.
notice by receiver for mortgagee to tenant, 885.
by second to first mortgagee, 886.
by mortgagor to mortgagee of intention to pay off debt, 886.
by mortgagee to mortgagor of intention to sell, 886.
requiring immediate payment, 887.
by purchaser of equity of redemption to mortgagee, 887.
of, by mortgagee to mortgagor's tenant, 884.
requiring repayment, proviso as to, 869.
patent, or, by one co-patentee to the other in pursuance of agreement
pending application for patent, 1171 1175.
with provisions for future advances and reduction of interest,
11661171.
poor rates, of, by burial board, 441.
power for mortgagor to use invention and grant licences till power of
sale exerciseable, 1169.
for mortgagee to effect policy in default of mortgagor, 865.
to institute and defend proceedings, 875.
of sale, proviso as to exercise of statutory, 878.
proviso for reduction of interest on punctual payment, 1167.
for calling in money if claim of dower made, 716.
that principal shall not be called in for specified time, 860, 868,
1168, 1174.
Volume 1. ends with page 858.
INDEX. 1639
MORTGAGE continued.
proviso that sureties shall ho liable as principals, 865.
for redemption in mortgage or life policy, 868.
of patent, 1167, 1173.
that in case of anticipatory repayment, surplus interest shall
be deducted from principal, 868.
that costs as between solicitor and client shall bo charged, 869.
recital of, of life policy, 861, 862.
reversionary interest in fund in Court, of, 872 875.
undivided share in personal estate, of, 870.
share in partnership, of, 876 878.
NATIONAL INSURANCE, rules of an approved society, 1540 et aeq. See
TRADE UNIONS.
NEW TRUSTEES,
power to appoint, in deed of arrangement, 173, 215.
in separation deed, 1342, 1348, 1351.
NEXT PRESENTATION, agreement for sale of, 4850.
NOMINATION,
to ohapel of ease, 613.
to perpetual curacy, 613.
NOTICE,
application to justices to appoint a surveyor under Lands Clauses Acts,
540.
appointment of arbitrator by claimant under Lands Clauses Acts, 546.
by promoters under Lands Clauses Acts, 547.
arbitrators to umpire of final disagreement, 134.
assignment of life policy, 229.
of reversionary interest in stock, 240.
of book debts, 241.
of personalty as security, 241.
award, to parties to arbitration of, 136.
bills having been fraudulently obtained, of, 890.
burial, of, 450, 451.
by landlord of claim for waste or breach of covenant, 80.
of counterclaim under Agricultural Holdings Act, 85.
to quit lodgings, 720.
to quit part of holding, 75.
to take part of land for building, &c. in pursuance of
covenant, 731.
to sheriff or bailiff of rent being due from execution debtor,
609, 734.
by partner of intention to dissolve partnership, 882, 883.
to retire, 882.
by partners, after dissolution, to debtor to pay debt to joint account,
883.
by railway company before lands temporarily occupied, 1189, 1191.
by receiver for mortgagee to tenant, 885.
by tenant to quit lodgings, 722.
to landlord, c. of action for recovery of the land, 732.
of intention to execute improvement, 68.
to remove fixture or building, 74.
accepting notice to quit part as notice for entire holding, 75.
of claim for various matters under Agricultural Holdings
Act, 81.
Volume 1. end* with page 858,
1640 INDEX.
NOTICE continued.
oestui que trust to trustees, calling on them to sell stock and place out
moneys on mortgage, 878.
contents of sub-licence, of, 1147.
dissolution of partnership, of, for insertion in Gazette, 883.
distress for rent, of, 605.
from lessee to lessor of intention to call for renewal of lease, 732.
to purchase inheritance, 733.
of assignment of lease, 734.
from railway company that private road will be required for temporary
use, 1197.
grantor to grantee of annuity, of intention to repurchase, 879.
infant, to, to return goods, 889.
innkeeper, by, of sale of goods, 889.
interest, to pay, on simple contract debt, 888.
meeting to determine whether burial ground to be provided, of, 438.
to consider statutory composition or scheme, of, 225.
mortgagee to mortgagor's tenant, of mortgage, 884.
to mortgagor of intention to sell, 886.
requiring immediate payment, 887.
mortgagor to mortgagee, of intention to pay off debt, 886.
not to give credit to wife, 890.
not to trespass, 891.
nuisance, to abate, 888.
objecting to use, by railway company, of private road, 1198.
of desire to have compensation assessed by an arbitrator under sect. 23
of the Lands Clauses Act, 1845. ..544.
of failure to agree by arbitrators under Lands Clauses Acts, 552.
of desire for a jury where lands have been injuriously affected, 561.
of intention to summon a jury and of offer of compensation under
Lands Clauses Acts, 562, 1198.
of intention to apply to justices to appoint a third surveyor under
Lands Clauses Acts, 1206.
of desire for a special jury under Lands Clauses Acts, 564.
of objection or appeal in rating matters. See RATING.
ot time and place for nominating and striking special jury, 564.
of inquiry to be given by promoters under Lands
Clauses Acts, 565.
of intention to apply to Board of Trade to appoint surveyor under
sect. 36 of the Eailway Companies Act, 1867... 570.
of claim for compensation for improvements under Agricultural
Holdings Act, 79.
by market gardener under Agricultural Holdings Act, 80.
ot damage by game, 81.
of claim for compensation for damage by game, 82.
for unreasonable disturbance, 82.
of draft scheme for the acquisition of land for small holdings, 1355.
on making tender, 890.
purchaser to vendor, of appointment of referee to value fixtures, 880.
that money non-productive, 881.
of equity of redemption to mortgagee, 887.
receiver for mortgagee to tenant, 885.
requiring railway company not to use land for temporary purposes,
1192.
requiring arbitrator to act (Agricultural Holdings Act), 88.
requiring compensation to be determined by arbitration (Lands Clauses
Acts), 1188, 1189.
requiring railway company to purchase lands taken for temporary
purposes, 1195, 1196.
revocation of authority of agent, of, 890.
of licence, of, 1146, 1147.
Volume 1. ends with page 858.
INDEX. 1C41
NOTICE continued.
revocation of submission, of, to arbitrator, 136.
second to first mortgagee, 886.
service of, clause as to, 1165.
statutory, to creditors, 879.
to arbitrators under Lands Clauses Acts requiring them to appoint an
umpire, 1187.
to make good breaches of covenant in licence, 1146.
to complete purchase, by vendor's solicitor to purchaser, 880.
to produce title deeds, 881.
to sheriff of goods seized being only let to defendant, 888.
to determine lease for twenty-one years at end of first seven or fourteen
years, 722.
to repair, 725, 726.
to tenant to deliver up possession pursuant to 1 & 2 Viet. c. 74... 725.
to promoters to apportion rent under sect. 119 of the Lands Clause-
Act, 1845... 573.
to yearly tenant under Lands Clauses Acts, 575.
to produce lease under sect. 122 of the Lands Clauses Act, 1845... 576.
under Conveyancing Acts before enforcing right of re-entry, 727 729.
under the Tithe Act. See TITHES.
NOTICE OF DISHONOUR, 305.
NOTICE TO ADMIT under Lands Clauses Acts, 578.
NOTICE TO PRODUCE,
by arbitrator, 137.
by solicitor of party to arbitration, 136.
under Lands Clauses Acts, 576, 577.
NOTICE TO QUIT,
by agent of landlord, 720.
of tenant, 721.
by landlord himself, 720.
by tenant himself, 721.
by tenant in common, 722.
lodgings, by landlord, 720.
by tenant, 722.
NOTICE TO TREAT,
for an easement, 535.
under Lands Clauses Acts, 532, 1185.
under Michael Angelo Taylor's Act, 536.
withdrawal of, after receiving counter-notice, 543.
NUISANCE,
award on indictment for, referred, 165167.
notice to abate, 888.
OATH to be administered by arbitrator, form of, 133.
OPTION,
to abandon purchase of patent, 1016, 1026, 1050.
to purchase patent, 1010, 1163.
railway and works in foreign country, 1252.
to make advances after trial of invention, 1003.
ORIGINATING SUMMONS under Lands Clauses Acts, title to, 579, 580.
Volume I. ends vrith page 858,
1642 INDEX.
PARLIAMENTARY DOCUMENTS. See PRIVATE BILL LEGISLATION.
PARTICULARS,
of claim by landowner under Lands Clauses Acts, 534.
sales by auction. See AUCTIONS AND AUCTIONEERS.
PARTITION of patent, deed of, 1092.
PARTNERSHIP,
appointment of arbitrator in pursuance of clause in articles of, 131.
arbitration clause in deed of, 125.
arrangements with creditors. See ARRANGEMENTS WITH CREDITORS.
assignment of moiety of share of partner, with consent of co-partners,
232.
award of dissolution of, &c., 140, 147, 148, 159161.
on dispute between partners as to accounts, &c., 145 147, 158
161.
bond by retiring partner not to carry on business within certain dis-
tance for certain time, 331.
bond to secure instalments of purchase-money of share of outgoing
partner and to indemnify him against liabilities of the partnership,
332. |!i
deed of indemnity by continuing partner and surety to retiring partner
on dissolution, 718.
for working patent, deed of, 1053 1059.
mortgage of share in, 876 878.
notice of dissolution to be inserted in Gazette, 883.
of intention to dissolve, 882, 883.
to retire, 882.
to debtor, after dissolution, to pay debt to joint account of
partners, 883.
PATENT,
accounts to be kept, 1006, 1009, 1023, 1048, 1065, 1074, 1096, 1126,
1131, 1138, 1174.
acknowledgment and undertaking as to production, 1069.
advances to remain for term certain, 1005, 1168, 1174.
to be repayable only out of profits, 1012.
agreement appointing sole agent for sale in the metropolis, 18 23.
between joint applicants defining their interests on working
separately, 1030 1032.
by manufacturer to pay expenses of obtaining patent, manu-
facturer to work patent with option of purchase, 1008
1011.
for loan by instalments to enable inventor to take out and
work patent, 1002 1007.
for loan charged on patents, repayable out of share of
profits, 10111014.
for sale of moiety, purchase-money payable by instalments,
10141017.
for sale after acceptance of complete specification, 104.
for sale of foreign and colonial patents in course of being
obtained, 10251027.
for sale to trustee for proposed company, 1028 1030.
for sale on hire system, 1043 1047, 1048 1051.
for working and selling invention in respect of which patent
applied for, for joint benefit of inventor and another, 1032
1037.
for exclusive licence for United Kingdom by foreign patentee,
10411043.
Volume I. ends with page 858.
INDEX. 1643
PATENT continued.
agreement forming syndicate to purchase contract for sale, and to sell
the contract or patent to a company or otherwise,
10511053.
to grant exclusive licence for district on condition of pur-
chase of raw material from foreign island, 1037 1041.
to assign patent on payment of royalties up to a fixed
minimum, 1049.
to obtain and assign patent in consideration of sum of money
and delivery of a certain number of patent articles, 1018
1021.
application of royalties, proceeds of sale, &c., agreement as to, between
inventor and capitalist, 1034.
arbitration clause in agreement for licence, 1040.
in assignment of share of patent, 1081.
in licence, 1108.
assignment of patent with benefit of improvements, &c. (ordinary form),
10591062.
for a district, 1067 1069.
in consideration of crross sum and further per-
centages, 1062 1066.
to trustees for co-owners in equal shares, 1075
1081.
by one co-grantee to the other, 1086 1088.
to the inventor, a foreigner abroad, by his agent
the patentee, 1088.
of moiety of patent, with conditions of separate working,
10691071.
of share of patent, with special provisions as to each co-
owner working separately, 1071 1075.
of share, assignor alone to work the patent, 1081 1086.
of licence, licensor beinsr a party, 1090 1092.
not beinsr * party, 1089.
average clause in licence, 1100, 1104, 1131, 1136, 1151.
charge on patent for advances. 1007, 1013, 1034.
complete specification, 1180, 1183.
covenant by soignee to pay royalties, &c., and indemnify assignor, 1090,
1091.
by assignor as to extensions, 1067, 1080.
by licensee not to assign, mortgage, &c. without consent, 1159.
not to manufacture, 1164.
to stami> articles sent bv other licensees, 1157, 1158.
to snnply foreign customers of licensor on notice,
1137.
to Wo books of account. 109R, 1131, 1141.
by licensor to defend and take T>ro-'>eed!n<r. 1101, llfil.
to sunplv raw materials at fire'l prices, 1105.
to supplv patent arti o1 e^ at fix*d prices, 1110.
to manufacture for licensee, 1 164.
not to grant other licences for the United Kingdom,
1110.
on more favourable
terms, 1160.
not to manufacture or deal in patent articles, 1127.
not to engage in similar business, 1164.
as to non-user in district, 1115, 1158.
by morteraeree to perform covenants in licence during posses-
sion, 1178.
by mortgagor to keep books of account, &c., 1174.
as to extensions, 1171.
by purchaser to pay percentages on net profits, 1063, 1064.
Volume I. gnd with page 858.
p. VOL. jj, 50
1644 INDEX.
PATENT continued.
covenant by sub-licensee not to assign, &c. without consent, 1142.
to give notice of infringements and assist in
proceedings, 1143.
to pay for plates bearing patent mark, 1142.
to perform certain covenants in superior licence,
1142.
for further assurance, 1020, 1062.
for payjnent of purchase-money by instalments, 1118.
for quiet enjoyment by mortgagor, 1176.
for validity of licence, 1090, 1176, 1178.
of patent, 1061, 1067, 1076, 1087, 1097, 1145, 1168.
mutual, as to improvements, &c., 1162.
as to payment of fees, 1070.
not to use invention without purchaser's licence, 1019.
not to disclose invention, 1019.
not to dispute validity of patent, 1098, 1160.
not to amend specification, 1101, 1158.
not to sell below certain prices, 1126.
that inventor has not disclosed invention, and is not prevented
from obtaining patent, 1019.
to apply for and assign patent for improvements, 1061, 1063.
to assign patent, 1018, 1046, 1049.
to commence manufacture and purchase plant, &c. necessary,
1136.
to communicate improvements, &c., 1061, 1063, 1067, 1070,
1087, 1099, 1120, 1163, 1170.
to detect infringements and assist in proceedings, 1098, 1161,
1168.
to execute assignment for district after payment of instalments
of purchase-money, 1119.
to instruct purchaser in invention, 1019.
to indemnify inventor from costs of obtaining pate'nfc, 1020.
to manufacture only according to specification, 1098, 1107,
1158.
to pay principal and interest, 1174, 1177.
principal, interest and further advances, 1166, 1167.
principal and interest at fixed rate, and also according
to profits, 1173.
renewal fees, 1068, 1101. 1119. 1161, 1168.
royalties, 1096, 1100, 1104, 1114, 1125, 1130, 1136, 1141,
11481155.
rents and royalties, 1130, 1150.
to solicit grant of patent, 1018.
to use patent mark on articles, 1097, 1106, 1111, 1138, 1156
1158.
to verify statements of account, 1097.
declaration of trust of patent, 1007, 1013.
deed of commutation of royalties, 1144.
of partition, 1092.
of partnership for working patent, 1053 1059.
delivery of articles to sub-licensees to be deemed a sale, 1115, 1155.
determination of agreement in certain events, 1024, 1025, 1040, 1043,
1047, 1050.
exclusive licence during currency of hire-purchase agreement, 1044,
1048, 1116.
to be non-exclusive in case of non-user or unprofitable
working, 1164.
foreign and colonial patents, agreement to apply for, 1033, 1054.
half-yearly settlement of accounts between co-owners, 1074, 1079, 1084.
hire-purchase agreement. 10431047, 10481051, 11161121.
Volume I. endt with page 858,
INDEX. 1645
PATENT continued.
improvements, &c. by any co-owner to be brought in, 1073, 1080.
covenant to communicate, &c. in assignment, 1061,
1063, 1067, 1070.
licensee to have the benefit of, 1120, 1132.
to bo for benefit of both parties to licence, 1127, 1162.
to be included in agreement, 1010, 1016, 1017, 1023,
1033, 1045.
inspection of books of account, 1006, 1010, 1049, 1074, 1096.
of factories by co-owners, 1075, 1085.
by licensor, 1098, 1160.
by licensor and licensee, 1139.
instalments, advances by, 1012.
purchase-money to be paid by, 1021, 1026, 1044.
inventor alone to work, 1036.
joint grant to be obtained and mortgage to be executed, 1004, 1008.
E int patentees, agreement for separate working by, 1031.
eonee, commutation of royalties reserved in, 1144.
during currency of hire-purchase agreement, 1044, 1048.
exclusive, at rent and royalties, 1099 1103.
for a district at a sum payable by instalments, 1116
1121.
in consideration of life annuity secured
by bond, 11211123.
to a company, premium in cash and
shares, royalties and rents, 1129 1135.
for England, Wales and Isle of Man; royalties and
rents; sub-licences; reservation to licensor ns to
existing orders and foreign customers, 1135 1140.
for the United Kingdom subject to prior licences;
minimum selling prices, sub-licences, &c., 1123
1129.
to manufacture chemicals, licensor to supply raw
materials, 1103 1108.
to sell patent articles to be supplied by licensor, 1109
1112.
non-exclusive, at royalties only, where full contract, 1097 1099.
where open contract, 1095 1097.
to use new invention in consideration of gross
sum, 1093, 1094.
notice of revocation of, 1146, 1147.
notice to make good breaches of covenant in, 1146.
revocation of, memorandum to be entered on register, 1145.
special clauses for insertion in, 114S 1165.
to firm to manufacture and sell within a district, at rents and
royalties, 11131116.
licences not to be granted withont consent, 1035.
to be granted bv trustees to co-owners, 1077.
memorandum to be notified on register as to revocation of a licence,
1145.
minimum prices, licensee not to sell below, 1125, 1126.
mortgage of licence, licensor beinar a party, 1177 1179.
not being a party, 1175 1177.
of patent by one co-patentee to another in pursuance of
agreement pending application for patent, 1171
1175.
with provisions for future advances and reduction
of interest, 11661171.
neither vendor nor purchaser to assign without consent of the other,
1066.
Volume I. end* >n'tf> page 858.
50 (2)
1646 INDEX.
PATENT continued.
notice of contents of sub-licence, 1147.
of revocation of licence, 1146, 1147.
to make good a breach of covenant in a licence, 1146.
option to make advances after trial, 1003.
to purchase, 1010, 1163.
to abandon purchase, 1016, 1026, 1050.
partition of patent, deed of, 1093.
partnership for working patent, articles of, 1053 1059.
patent mark to be used on all articles, 1073, 1156 1158.
person making advances to be co-applicant for patent, 1004.
power for mortgagor to use invention and grant licences until power
of sale exerciseable, 1169.
for either party to determine licence on notice, 1161.
for licensee to grant sub-licences, 1100, 1159.
to determine licence on breach by licensors, 1121,
1133.
for licensor to revoke licence on notice, 1098.
on default of payment or breaches,
&c., 1102, 1112, 1120, 1123,1128,
1143, 1161, 1162.
if royalties in arrear or licensee
company wound up, 1133.
to assignor to grant licences at royalties, 1082.
to trustees to grant licences, 1078.
proceedings for protection of patent, inventor to take, 1036.
profits, mode of calculation of, 1012, 1064.
provisional specification, 1179, 1182.
proviso for cesser of licence on licensee's death, &c., 1094.
for determination of licence if patent void, 1102, 1107, 1122,
1154, 1162.
for determining arrangement between joint patentees, 1037.
for moneys to remain on mortgage for time certain, 1168, 1174.
for redemption, 1167, 1173.
for reduction of interest on punctual payment, 1167.
purchaser to be co-applioant for patent, 1021.
recital of acceptance of complete specification, 1003, 1021, 1030, 1041,
1053.
agreement for advance?? repayable out of net profits, 1011.
for sale, 1015, IfliS, 1028, 1062, 1067.
for partnership for working patent, 1054.
for sale of share of patent, 1069, 1071, 1076.
for purchase of patent before grant, 1086.
for licence, 1094, 1103, 1113, 1117, 1129.
for mortgage, 1172.
for sub -licence, 1140.
to supply firm with patent articles, 1124.
application for patent, 1003, 1030, 1032, 1071.
bond to secure annuity in consideration of licence, 1121.
business of firm to work patents, 1011.
concession to search for, &c. raw material, 1038.
devolution of title. 1060.
foreign concession to obtain raw material, 1103.
errant of licence, 1089, 1124, 1144, 1175.
of patent, 1038, 1059, 1093, 1095.
mspection and acceptance of accounts as correct, 1011.
invention, 1008, 1018.
obtaining of patent in joint names, 1086, 1109.
partnership between licensors making patent an asset of the
firm, 1116.
payment of deposit on agreement for sale, 1026.
Volume I. ends with page 858,
INDEX. 1647
PATENT continued.
recital of provisional protection, 1003, 1015, 1171.
request for loan, 1003, 1166.
title to French patent, 1041, 1109.
to licence, 1140.
to patent, 1011, 1028, 1051.
remuneration of trustees for co-owners, 1080.
renewal fees, assignor to pay, 1068.
co-owners to pay according to shares, 1072, 1084.
reservation to licensor for execution of existing orders, &c., 1135.
of right to supply other licensees, 1124.
reserve fund for contingencies, 1035.
return of deposit, <S;c. to vendor if patent not obtained, &c., 1022, 1027.
royalties, covenant to pay (fixed sums), 1148, 1149.
on sale moneys after satisfaction of cost price
and manufacturer's profit, 1149.
so much per article and further sums up to
percentage of selling price, 1125.
fixed sums according to quantity and form
of products, but reducible after fixed date,
1130.
in descending scale after certain date, 1153.
on carloads, 1151.
on railway foot-warmers, 1152.
payment of, to cease if patent void, 1154.
per shuttle, according to width of fabric and period of use,
1151.
proviso for commutation of, 1156.
on manufactures and sales in lieu of higher royal-
ties on sales, 1149.
reduced, on articles on hand at end of licence, 1128, 1150.
remission of, in case of bad debts, 1154.
rent and, covenant to pay, 1150.
suspension of, while licensor omits to take proceedings for in-
fringements, 1152.
to be paid on articles manufactured by each co-owner, 1072.
to assignee on articles sold by assignor, 1083.
to trustees pending proceedings for revocation of
patent, 1155.
to be reduced to lowest for time being in other licences, 1152,
1160.
variation of, as sales continue, 1153.
service of notices, 1165.
specification, 1179 1184.
stamping patent articles with a die, 1157, 1158.
sub-licence (exclusive) for a district at royalties, 1140 1144.
suspension of rent while licensor fails to supply materials, 1155.
of royalties if patent declared void, 1049, 1050, 1154.
tenants in common, patent to be held by grantees as, 1009.
transmission clause, 1017, 1047, 1165, 1171.
trial of invention to be made, 1003, 1008.
trust for sale on request of majority of co-owners, 1077.
trustees, assignment of patent to, 1076.
vendor not to trade in similar articles, 1024, 1029.
PATENT MEDICINE, agreement for exclusive privilege of selling for a
term of years, 13 18.
PERMANENT BUILDING SOCIETY, rules for, 364 et seq. See Boir-DiNO
SOCIETIES.
Volume I. ends with page 858.
1648 INDEX.
PERPETUAL CURACY, nomination to, 613.
PETITION under Lands Clauses Acts, title to, 579, 580.
PIANOFORTE, hire-purchase agreement, 706.
POLICY. See FIBE INSURANCE; LIFE ASSURANCE.
POLITICAL CLUB, rules of a, 472480.
POOR RATES, mortgage of, by burial board, 441.
POST OBIT BOND, 320.
POWER OF ATTORNEY,
in memorandum of deposit to secure current account at bank, 292.
in mortgage of share in partnership, 877.
to factor to receive debts, 8.
to inspectors in deed of inspectorship, 193, 201.
to steward to appoint deputy stewards, bailiffs, &c., 99.
to trustees in deed of arrangement, 172, 181.
PRESENTATION to benefice, 614.
PRIVATE ARRANGEMENT. See ARRANGEMENTS WITH CREDITORS.
PRIVATE BILL LEGISLATION,
Crown rights, clauses for protection of, 978.
miscellaneous clauses, 981 1002.
accommodation of workmen, 992 994.
appeal to quarter sessions, 999.
arbitration, 1000.
audit of accounts, 997 999.
authentication and service of notices, 999.
company meetings, 985.
confirmation of agreement, 982.
of by-laws, 999.
conveyance of mails by motor omnibuses, 991.
copy of Act to be registered, 1001.
costs of arbitration under Lands Clauses Acts, 1000.
directors of companies, 983.
electrical fittings, 989.
generating stations, 992.
judges not disqualified, 1001.
managing director, 984.
motor omnibuses, 990 992.
power to re- borrow, 995.
priority of mortgages, 983.
qualification of directors, 983.
recital of estimates, 981.
under Borough Funds Acts, 981.
recovery of demands, 1000.
of penalties, 1000.
removal of human remains, 986.
return to Local Government Board as to repayment of debt, 996.
sale of plant outside district, 987.
statutory borrowing power and statutory security, 994.
transfer to local authority, saving on, 988.
Volume I. ends with page 858.
INDEX. 1649
PRIVATE BILL LEGISLATION eontinu,-,!.
model gin Bill, 954 et <>/. 8ts >;.vs BILL.
railway Mill, 891 rt eq. Si-i- KMI. \v.\i.
tramway Hill, !)27 <! nut/, .s'/v Ti: \.M \v.ns.
w.ltd- BUI, Uli.S r/ IM. 0M \V.\Ti:U BlI.L.
navigation, clauses for protection of, 979 981.
protective clauses for Government departments, 978 981.
special railway clauses, 914927. See RAILWAY.
Tramways Orders Confirmation Bill, 1568 et teg. See TRAMWAYS.
PRODUCTION,
of documents, clause as to, in submission to arbitration, 120.
of patent, undertaking for, 1069.
PROTEST,
f exchange
where notary not available, 305.
of bill of exchange by notary, 304.
h
PROVISO FOR REDEMPTION,
in mortgage of life policy, 868.
of patent, 1167, 1173.
PUBLIC-HOUSE, valuation of, 597599.
PUBLIC NUISANCE, award on reference of indictment for, 165167.
PUBLISHER. See AUTHOR AND PUBLISHER.
PUPIL. See APPRENTICESHIP.
articles to qualify, as governess, 116.
to architect and surveyor, articles of, 108 111.
to firm of engineers, articles of, 111 113.
PURCHASE. See HiRK-PuucUAsi-:.
advowson, of, 46, 47.
book on commission, of, agreement for, 274, 275.
farming stock, of, agreement for, 34.
foreign and colonial patents in course of being obtained, of, 1025 1027.
growing timber, of, agreement for, 32 34.
invention, of, after acceptance of complete specification, agreement for,
1021.
leasehold shop, fixtures, stock-in-trade and goodwill, of, payment by
instalments secured by mortgage, 42 45.
moiety of patent, purchase-money payable bv instalments, agreement
for, 10141017.
next presentation, of, 48 50.
patent, of, by trustee for proposed company. 1028 1030.
reversionary interest in stock, of, 51, 52.
small holding, agreement for, 1363, 1364.
sole right of compounding and vending a medicine, 38.
standing corn, of, agreement for, 34.
submission to arbitration of dispute arising under, 127.
QUARRY, agreement for working, 60.
QUARTER SESSIONS, appeals to, in rating matters. See RATI.M;.
Volume I. endt with page 858.
1650 INDEX.
QUIET ENJOYMENT,
bond for, 327.
bond for, where title commenced at too late a period, 329.
covenant for, by mortgagor of patent, 1176.
RAILWAY. See LIGHT RAILWAYS.
agreement between foreign Government and English company for con-
struction and wording of railway, 1240 1256.
annuity compensation, 1254.
application of prontd, I24d 1250.
capital, 1242.
capital account, 1246.
control of Government, 1244 1246.
conveyance of mails and troops, 1250.
deposit, 1240, 1242.
deposit of revenue and drafts thereon, 1247.
director to represent Government, 1245.
drafts on capital, 1243.
extension of railway, 1256.
fares and tolls, 1244.
guarantee of interest, 1247, 1248.
lands, 1241.
legislation to enable company to carry out undertaking, 1255.
limitation of extent of railway, 1248.
notice of experimental line, 1241.
notices, &c., 1255.
office and agent of company in the foreign country, 1255.
opening railway, 1242.
plant, 1243.
power of Government to take possession on default by company,
1253, 1254.
repairs, 1247, 1253.
revenue account, 1247.
rights of purchase by Government, 1252.
sanction of expenditure, 1246.
selection of experimental line, 1241.
supervision of Government, 1244 1246.
surplus, return of, 1255.
surrender of railway and works to Government, 1251.
title to land, 1244.
ultimate rights of property, 1250.
agreement for construction of station and line, 1214 1227.
arbitration clause, 1227.
arrangements with owners of property, &c., 1216.
bond to be executed by contractors, 1226.
buildings, &c. removed for purposes of works, 1217.
conduct of works, 1221.
contract not to be assigned without consent, 1221.
damage caused by works, 1217, 1218.
default of contractors, 1222.
delivery of rails, &c. to contractors, 1223.
deviation from plans and specifications, 1220.
discrepancies in drawings, 1220.
disputes as to measurements, 1224.
drawings to show dimensions of works, 1220.
guarantee fund, 1225.
lands required for execution of works, 1216.
maintenance of temporary fences, &c., 1219.
measurement of works while in progress, 1224.
necessary notices to be given by company, 1225.
Volume I. ends with page 858.
INDEX. 1661
RAILWAY continued.
agreement for construction of station and line continued.
part of consideration payable in stock, 1226.
payment of workmen, 1223.
payments to contractors as works advance, 1224.
penalty for delay in completion, 1223.
permanent way, 1223.
plant, materials, &o., 1216, 1221.
police, 1219.
prices, schedule of, 1218.
sand, &,o. not to be removed, 1217.
statutory powers, contractors may avail themselves of, 1216.
statutory provisions to be observed in execution of works, 1217.
time for completion, 1223.
workmen's cottages, 1220.
agreement to execute accommodation works, 1212 1214.
appointment of surveyors to determine purchase-money from parties
under disability, 1204.
award under Lands Clauses Acts by umpire appointed by Board of
Trade, 1208.
model Bill, 891 et seq.
abandonment of railway, 926, 927.
application of deposit, 906.
of moneys raised, 895.
of penalty, 908.
borrowing powers, 894, 919.
calls on shares, 893.
capital, 893.
certificates of half shares, 915.
compensation in respect of portions of railway abandoned, 927.
completion, time for, 905.
compulsory purchase, &c. of lands, 897 900.
confirmation of agreement, 982.
costs, 914.
Crown rights, 978.
debenture stock, 895, 918.
deposit, 905 907.
deposit of plans with clerks of district councils, 892.
deposits for future Bills not to be paid out of capital, 913.
directors, 896, 983985.
diversion of roads, 901, 902.
dividends on half shares, 914, 915.
electrical power, use of, 921 926.
extraordinary purposes, lands for, 896.
first ordinary meeting, 895.
forfeiture of preferred half shares, 915.
gas and water mains, protection of, 903.
generating station, lands for, 921.
Government departments, clauses protecting, 978 981.
height and span of bridges, 900.
inclination of roads, 900.
incorporation of Acts, 892.
of company, 893.
interest, payment of, out of capital, 912, 913.
interpretation, 892. .
lands, 896900.
level crossings, 900.
luggage, passengers', 910.
managing director, 984, 985.
meetings of company, 985.
merchandise, rates for, 909.
Volume 7. end* with page 858.
1652 INDEX.
RAILWAY continued.
model Bill continued.
miscellaneous clauses, 981 1002. tiee PIUVATK BILL LEGISLATION.
motor omnibuses, 991.
new shares or stock, issue of, 919.
observatories, protection of, 923.
parts of lands and buildings, power to purchase, 897 900.
passengers, maximum fares for, 910.
patent rights, power to hold, 922.
penalty if line not opened in time limited, 907, 908.
period for compulsory purchase, 897.
Postmaster-General, protection of, 925, 926.
power to make railway, 893.
to another company to subscribe and raise money for the
purpose, 916918.
to raise additional capital, 918 920.
preamble, 891.
preferred and deferred half shares, 914 916.
priority of existing mortgages, 918.
private rights of way over lands taken compulsorily, 903.
qualification of directors, 896, 983, 984.
rates, fares and charges, 909, 910.
receiver, appointment of, 894.
removal of human remains, 986, 987.
repayment of deposit, 905.
roads and bridges, 900 903.
running powers, 911.
saving for general Acts, 914.
shares, 893, 894.
short distance charges, 912.
short title, 892.
small parcels, charges for, 909.
special clauses, 914 927.
constables, 920, 921.
trains, 910.
stopping up roads, 902, 903.
tidal lands, 979 981.
tolls, 909.
underpinning, 903 905.
width of roadways over bridges, 901.
working agreements, 910.
works below high-water mark, 979, 980.
nomination of surveyor by justices to determine compensation where
surveyors appointed by parties cannot agree, 1206.
notice to treat for purchase of lands, 1185.
to arbitrators requiring them to appoint an umpire, 1187.
from owner requiring arbitration, 1188.
from tenant in tail, &c. requiring arbitration, 1189.
of intention to occupy lands for temporary purposes, 1189, 1191.
requiring company not to use land for temporary purposes, 1192.
to purchase lands taken for temporary pur-
poses, 1195, 1196.
that private road will be required for temporary use, 1197.
requiring company not to use private road, 1198.
of intention of company to issue warrant to sheriff, 1198.
to apply to justices to appoint a third surveyor, 1206.
order of justices that lands shall not be taken for temporary purposes,
1193, 1194.
valuation by surveyors of lands taken or purchased from parties under
disability, 1207.
warrant from company to sheriff requiring him to summon a jury, 1200.
Volume I. ends with page 858.
INDEX. 1653
RAILWAY continued.
working agreement, 1227 1240.
accounts, 1237, 1238.
additional powers of raising capital to be applied for, if necessary,
1230.
sidings to be provided, if required, 1230.
arbitration clause, 1239.
capital expenditure, 1234.
completion of railway, 1229.
conveyance of troops, mails, &c., 1232.
engines and rolling stock, 1233.
facilities to be afforded, 1232.
gross receipts, application of, 1235 1237.
interest on debenture debt, 1234.
interpretation of terms, 1228.
joint committee of directors, appointment of, 1229.
limitation of liability, 1231.
maintenance and development of traffic, 1231, 1232.
percentage of respective companies, 1235 1237.
permanent way to be maintained by contractor for twelve months,
1230.
proposed amalgamation, provision as to, 1239.
quiet enjoyment, covenant for, 1231.
rates and charges to be fixed by joint committee, 1235.
rebate, 1236, 1237.
repairs, responsibility for, 1231.
statutory provisions to be observed, 1233.
taxes, rates, &c., 1234.
through traffic, 1232, 1235, 1238.
time for payment of salaries and dividends, 1237.
RATING,
inside the Metropolis:
notice of appeal to quarter sessions:
against valuation or supplemental valuation list, from special
sessions, 1301 1304.
against valuation list, from Assessment Committee, 1304, 1305.
against supplemental valuation list, from Assessment Com-
mittee, 1305.
against a rate, 1306 1310.
against totals, 1311, 1312.
against decision of justices as to omissions, &c. from rate, 1315.
notice of appeal to special sessions:
against valuation list by overseers or borough council, 1297,
1298.
by surveyor of taxes, 1299.
by ratepayer, 1300.
against supplemental valuation list by overseers or borough
council, 1299.
by surveyor of taxes,
1300.
by ratepayer, 1301.
notice of application to amend clerical error in rate, 1313.
as to omissions from or misdescriptions of
persons in rate, 1314.
notice of objection before Assessment Committee:
to valuation list by overseers or borough council, 1281 1283.
by person aggrieved, or ratepayer, 1284 1291.
by surveyor of taxes, 1295, 1296.
Volwn* 1. onds with page 858.
1654 INDEX.
HATING continued.
inside the Metropolis continued.
notice of objertiou before Asse.ssment Committee continued.
to supplemental valuation list by overseers or borough council,
1283.
by person aggrieved, or rate-
payer, 12911293.
by surveyor of taxes, 1296.
to provisional valuation list by overseers or borough council,
1284.
by occupier, 12931295.
by surveyor of taxes, 1297.
rate for a parish where there is agricultural land, form of, 1328.
where there is no agricultural land, form of, 1327.
special sessions, appeals to, 1298.
time for notice of appeal:
to quarter sessions against valuation list, from Assessment Com-
mittee, 1304.
from special sessions,
1301, 1303.
against a rate, 1306.
against totals, 1311.
to special sessions against valuation list, 1298.
time for notice of application as to omissions from or misdescrip-
tions in rate, 1314.
to amend clerical error in rate, 1313.
time for notice of objection to valuation or provisional valuation
list, 1281, 1284, 1285.
valuation list in a parish where there is agricultural land, 1324.
where there is no agricultural land, 1323.
who may appeal against valuation or supplemental valuation list
to quarter sessions, 1301, 1303, 1304.
to special sessions, 1297, 1299, 1300.
who may appeal against a rate to quarter sessions, 1306.
against totals to quarter sessions, 1311, 1312.
who may object to valuation or provisional valuation list, 1284.
inside and outside the Metropolis:
notice of appeal against grant of certificate of exemption undr
the Scientific Societies Act, 1316 1320.
time for, and persons who may appeal against grant of such a
certificate of exemption, 1316.
outside the Metropolis:
appeal against rate, to what quarter sessions, 1267.
against valuation list, to what quarter sessions, 1280.
length of notice of appeal against rate to quarter sessions direct,
1274.
to special sessions, 1265.
from special to quarter
sessions, 1267.
of objection to valuation or supplemental valua-
tion list, 1265.
notice of appeal against rate to special sessions, 1265.
from special to quarter sessions, 1266
1269.
to quarter sessions direct, 1273 1279.
against valuation list on ground of under- valua-
tion of another parish, 1280.
against valuation list on ground of over-valuation
of own parish, 1281.
Volume I. ends with 'page 858.
INDEX. 1655
RATING continued.
outside the Metropolis continued.
notice of objection to valuation or supplemental valuation list:
as a preliminary to appeal against a rate to quarter sessions,
12701273.
to special sessions,
1264.
by overseers, parish council, &c., 1256 1258.
not intended to be followed by an appeal, 1258 1263.
rato in a parish where there is agricultural land, form of, 1326.
no agricultural land, form of, 1325.
respite of appeal to quarter sessions, 1274.
signature of notice of objection to valuation list, 1257.
time for notice of appeal against valuation list to quarter sessions,
1280.
against rate to special sessions, 1265.
from special to quarter ses-
sions, 1266.
to quarter sessions direct,
1273.
of objection to valuation or supplemental valuation
list, 1258, 1264.
valuation list in a parish where there is agricultural land, 1322.
no agricultural land, 1321.
who may appeal against valuation list, 1280.
rate, 1266, 1273.
who may object to valuation or supplemental valuation list, 1256.
1258.
RECEIVER,
appointment of, in memorandum of deposit to secure current account,
292.
attornment by tenant to, 730.
notice by, to tenant of mortgagor, 885.
notice to occupier of lands of appointment of, under the Tithe Act, 1395.
report of, that lands subject to tithe are occupied by the owner, 13%.
RECITAL,
acceptance of complete specification for patent, 1003, 1021, 1030, 1041,
1053.
action for non-delivery of a ship, and order for reference, 151, 152.
agreement for construction of railway station and line, 1215.
for allowance of annuity by husband to wife, 1343.
that umpire should act as sole arbitrator, 145.
that interest and premiums on mortgaged life policy should
be guaranteed by sureties, 862.
of reference, by partners, of disputes as to accounts. &c., 145.
for purchase of patent before grant, 1086.
for licence, 1096, 1103, 1113, 1117, 1129.
to build ship, 151.
for dismissal of petition for divorce, and terms of separation,
1349.
to supply firm with patent articles, 1124.
for sale of lands to railway company, 1212.
for conduct of reference under order of Court, 152.
for advances repayable out of net profits of patent, 1011.
for partnership for working patent, 1054.
for mortgage to secure current account at bank, 292.
for sale of patent, 1015, 1018, 1028, 1062, 1067.
for sale of share of patent, 1069, 1071, 1076.
Folttme I. end* with page 858.
656 INDEX.
RECITAL continued.
agreement by bankers to open account on having balance secured by
bond with sureties, 296.
to terminate disputes by payment of a sum of money, 1331.
for sub-licence, 1140.
for construction of railway in foreign country, 1240.
for indemnity against dower, 716.
for separation between husband and wife, 1339, 1343.
for licence to lessee to open communication between two
houses, 739.
to pay expenses and divide profits in certain proportion, 1330.
to carry on business on dissolution of partnership, 718.
to execute accommodation works, 1212.
application for patent, 1003, 1030, 1032, 1071.
appointment of two arbitrators and umpire, 141, 143, 155.
of new trustee of will, 1334.
arbitration clause, in policy of fire insurance, 143.
insurance for honesty of clerk, 144.
in shipbuilding contract, 151.
assignment of leaseholds, 739.
of share of partnership, 332.
bond to secure annuity, 1121.
contract for sale of business, in consideration of sum to be paid by
instalments, 235.
of copyright and MS., 290.
to build school, &c., 349.
concession to search for, &c. raw material, 1038.
death of testator, and probate, 230, 321, 1333.
of author, and grant of letters of administration, 290.
devolution of title to patent, 1060.
disagreement of arbitrators and notice to umpire to proceed, 143.
disputed claims between debtor and creditor, 1331.
dissolution of partnership, 332, 718.
enlargement of time for award, 556.
foreign concession to obtain raw material, 1103.
grant of licence, 1089, 1124, 1144, 1175.
grant of patent, 1038, 1059, 1093^ 1095.
invention, 1008, 1018.
legacy, in deed of assignment, 230.
in mortgage, 870.
life assurance policy, 228, 863, 866.
marriage and birth of children, 1343.
mortgage of life policy, 861 .
mortgage for term of years, 716.
of working agreement having 1 been approved by general meeting* of
respective railway companies, 1228.
of lease, 749.
order of Master appointing arbitrator, 139.
for execution of trusts of will, 870.
appointing third arbitrator, 153.
obtaining of patent in joint names, 1086, 1109.
policy of fire insurance, 140, 141, 142.
of insurance for honesty of olork. 144.
power of railway companies to enter into working agreements, 1227.
proposal and acceptance of arrangement with creditors, 168, 176, 219.
of inspectorship, 186.
to pay composition by instalments, 207.
provisional protection of invention. 1003, 1015, 1171.
request to bankers to open account, 296.
request for loan. 1003, 1166.
resolution for acceptance of composition, 202, 204.
Volume I. ends with page 858.
INDEX. 1657
RECITAL continued.
service of notice on arbitrators to appoint a third arbitrator, 153.
settlement of accounts by executors with residuary legatee, 1333.
special differences, in submission to arbitration, 120, 121, 126, 128.
submission to arbitration, 154, 155.
to single arbitrator under Lands Clauses Acts, 555.
that trustees have carried on testator's trade, 1334.
title to advowson, 49.
to reversionary interest in fund in Court, 872.
to French patent, 1041, 1109.
to licence, 1140.
to patent, 1011, 1028, 1051.
RECTORY, agreement for sale of next presentation to, 48 50.
RE-ENTRY, notices before enforcing right of, 727729.
REFERENCE. See ARBITRATION.
REGISTRATION of bill of sale, affidavit on, 315.
RELEASE,
award for general, 150.
by residuary legatee of all demands, to executors and trustees, 1332.
by some of the persons beneficially interested under a will, to trustees
carrying on testator's trade without authority, 1334.
by residuary legatees in confirmation of gift void for remoteness, 1336.
mutual, of all claims by two persons, 1329.
of all claims between a firm and an individual, 1329.
of all claims by three persons, 1330.
of debtor, in deed of arrangement, 172, 185, 193, 201, 203, 206, 208,
209, 214, 216.
on certificate of trustee and committee of creditors, 175, 181.
on receiving a sum of money in satisfaction of disputed claims, 1331.
of one of several joint debtors, with reservation of rights against others,
1338.
to a retiring trustee of a settlement, 1337.
RENEWAL of lease, notice of intention to call for, 732.
RENT,
distress for. See DISTRESS.
guarantee for, 702.
RENT-CHARGE,
agreement for building grant in consideration of, 345 348.
tithe. See TITHES.
RESIGNATION BOND, 330.
RESOLUTIONS,
for statutory composition, 223, 224, 226.
scheme of arrangement, 227.
RETIRING TRUSTEE, release to, 1337.
REVERSION, agreement for sale of, 51, 52.
Volume I. ends with page 858.
1658 INDEX.
REVERSIONARY INTEREST,
in fund in Court, mortgage of, 872 875.
in personalty, mortgage of, 870.
REVOCATION,
of licence, memorandum to be entered on register of patents, 1145.
notice of, 1146, 1147.
of submission to arbitration, 135.
notice of, to arbitrator, 136.
ROWING CLUB, rules and by-laws of, 497502.
ROYALTIES,
covenant to pay (fixed sums), 1148, 1149.
on sale moneys after satisfaction of cost price and
manufacturer's profit, 1149.
so much per article and further sums up to percentage
of selling price, 1125.
fixed sums according to quantity and form of products,
1130.
deed of commutation of, 1144.
in descending scale after certain date, 1153.
payment of, to cease if patent void, 1154.
per shuttle according to width of fabric and period of use, 1151.
provision for payment of, in agreement between author and publisher,
288.
proviso for commutation of, 1156.
reduced, on articles on hand at end of licence, 1128, 1150.
remission of, in case of bad debts, 1154.
suspension of, while licensor omits to take proceedings for infringe-
ments, 1152.
to be paid on articles manufactured by each co-patentee, 1072.
to assignee on articles sold by assignor of patent, 1083.
to trustees pending proceedings for revocation of patent, 1155.
to be reduced to lowest for time being in other licences, 1152, 1160.
variation of, as sales continue, 1153.
RULES, !
approved society under National Insurance Act, 1540 et teg. 8e
TRADE UNIONS.
building societies, 364 et seq. See BUILDING SOCIETIES,
clubs, 458 et seq. See CLUBS.
for letting allotments by borough and urban district councils, 1374
1380.
by parish councils, 1366 1372.
for letting and sale of small holdings bv county councils, 1355 1365.
trade unions, 1501 et seq. See TRADE UNIONS.
SALE. (See HIRE-PURCHASE ; VENDOR AND PURCHASER.
advowson, of, 46, 47.
book on commission, of, agreement for, 274, 275.
by auction. See AUCTIONS AND AUCTIONEERS.
copyright of published book and MS., of. by administrator of deceased
author, 290.
farming stock, of, agreement for, 34.
foreign and colonial patents in course of being obtained, of, 1025 1027.
growing timber, of, agreement for, 32 34.
leasehold shop, fixtures, stock-in-trade and goodwill of, 42 45.
Volume I. ends with page 858.
INDEX. 1659
SALE continued.
moiety of patent, purchase-money payable by instalments, agreement
for, 10141017.
next presentation, of, 48 50.
patent, of, after acceptance of complete specification, agreement for,
1021.
on the hire system, 10431047, 10481051.
to trustee for proposed company, 1028 1030.
small holding, of, agreement for, 1363, 1364.
SALT, agreement for manufacture of, 39 42.
SATISFACTION of judgment, acknowledgment of, 1.
SCHEME OF ARRANGEMENT. See ARRANGEMENTS WITH CREDITOBS.
SCHOOLMISTRESS, articles of apprenticeship to, 116.
SCIENTIFIC SOCIETIES ACT, appeal against grant of certificate of
exemption from rates under, 1316 1320.
SEA APPRENTICESHIP, 104.
SECRET PREPARATION, sale of, 38.
SECURED CREDITORS, clauses as to, in deeds of arrangement, 173, 192.
200, 214.
SEPARATION DEED,
chattels to be wife's property, 1341, 1346.
concise form; annuity to wife during joint lives, 1339 1342.
condonation of previous offences, 1340.
dum casta clause, 1340.
compromise of divorce proceedings, on, 1349 1351.
covenants not to molest, 1340, 1344, 1349, 1350.
not to take proceedings for divorce, &c., 1344.
form of, with special provisions as to children; settlement of stock, &c.,
13421348.
further assurance, 1348.
indemnity against wife's debts, 1341, 1347.
maintenance, &c. of children, 1346, 1347.
new trustees, appointment of, 1342, 1348, 1351.
power of advancement, 1346.
provision for reconciliation or divorce, 1342, 1348, 1350.
trust for investment, 1344.
trusts of settled fund, 1345.
of annuity purchased by wife for husband's benefit, 1350.
wife to have custody of children, 1346.
SERVICE,
contracts for. See AGENCY CONTRACTS.
of notices, clauses as to, 1165.
SETTLEMENT, release to retiring trustee of, 1337.
SHERIFF,
notice by, to execution creditor, of rent being due from debtor, 609.
notice to, of rent being due from execution debtor, 609, 734.
that goods seized are only let to execution debtor, 888.
Volume I. ends with page 858.
B. VOL. H. 51
1660 INDEX.
SHIP, agreement for construction of, 52 57.
SHIPBUILDING CONTRACT, award under arbitration clause in, 151
153.
SHOP, agreement for sale of, 42 45.
SMALL HOLDINGS. See ALLOTMENTS.
agreement for letting, 13611363, 1365.
for sale, 1363, 1364.
application for purchase or hiring, 1360.
hiring scheme by county council, 1351 1353.
model rules for adoption by county councils, 1355 1365.
conditions under which all holdings are to be held by tenants,
1358, 1359.
exemption from the rules of certain sales and lettings, 1359.
interpretation of terms, 1355.
notices to be given for sale or letting of holdings, 1357.
notification of officer to receive applications, 1356.
persons eligible to become purchasers or tenants, 1356.
redemption of purchase-money charged on holding, 1360.
register of holdings, 1355.
rents to be charged, 1357.
sale and letting of holdings, 1357 1359.
notice of draft scheme, 1355.
purchase and hiring scheme by county council, 1353.
scheme dealing with land purchased compulsorily, 1354.
voluntary lease to county council for, 1380 1383.
SOCIAL CLUB, rules and regulations of a, 458472.
SOLE AGENT,
for sale of patent articles in metropolis, agreement for employment of,
1823.
of patent medicine for term of years, agreement for employment
of, 1318.
SOLICITOR,
articles of clerkship to, 114 116.
award between, and client, 150.
SPECIAL CASE,
award in the form of, 161165, 555561.
stated by arbitrator under Agricultural Holdings Act, 89.
SPECIFICATION of invention for patent, 11791184.
STANDING CORN, agreement for sale of, 34.
STATUTE OF LIMITATIONS,
acknowledgment of debt to bar, 3.
of title to bar, 2.
STAY OF PROCEEDINGS, agreement for, in submission to arbitration,
130.
STEAMSHIP, agreement for construction of, 5257.
Volume I, ends with page 858,
INDEX. 1661
STEWARD,
of largo estates, appointment of, 96 102.
of manor, appointment of, 92.
STOCK, agreement for sale of reversionary interest in, 51, 62.
STOP ORDER, power to obtain, 875.
SUBMISSION. See ABBITBATIOK.
SUPERFLUOUS LAND, offer of right of pre-emption of, under Land.
Clauses Acts, 579.
SUPPLY of milk, contract for, 3537.
SURETY; SURETIES. See GUARANTEE.
covenant by, for payment by mortgagor of life policy of interest and
premiums, 861^863.
by principal to indemnify, 719.
for payment for goods to be supplied to tradesman, 702.
of composition to creditors, 207 210.
of principal and interest on mortgage of life policy, 864,
865.
post obit bond with, 320.
proviso that indulgence to principal shall not release, 863.
they are to be liable as principals, 298, 865.
reservation of rights against, in deeds of arrangement, 172, 182. 192,
200, 204, 214, 216.
SURGEON, articles of apprenticeship to, 113, 114.
SURVEYOR; SURVEYORS,
appointment of, by Board of Trade under Railway Companies Act, 1867
...570.
by justices under sect. 85 of the Lands Clauses Act,
1845... 568, 1206.
of third, by justices under sect. 9 of the Lands Clauses Act,
1845.. .541.
articles of apprenticeship to, 108 111.
declaration of correctness of valuation by, 573.
of impartiality by, 572.
nomination of, by justices under sect. 59 of the Lands Clauses Act,
1845... 567.
under sest. 9 of the Lands Clauses Act, 1845... 540.
notices of application to justices to appoint, 540.
intention to apply to Board of Trade to appoint, 570.
specimen valuations by. See VALUATION.
valuation by. where parties under disability (Lands Clauses Acts),
1207.
TENANT IN TAIL in remainder, contract for sale of next presentation
by, 49, 50.
TENDER, notice on making, 890.
TENNIS CLUB,
licence for use of ground, &c., 511 513.
rules and regulations, 502 511.
Volume 1. and* with page 858.
51 (2)
1662 INDEX.
TERMINATING BUILDING SOCIETY, rules for, 390 et seq. See BUILD-
ING SOCIETIES.
THEATRE,
agreement for engagement of understudy, 61 .
valuation of, for purpose of assessment of compensation on compulsory
purchase, 589.
TIMBER, growing, agreement for purchase of, 32 34.
TIME CHARTER-PARTY, 453-458.
TITHES,
application by owner of lands for certificate in respect of failure to
give occupier's liability notice, 1405.
application by rate collector, 1408.
certificate in respect of failure to give occupier's liability notice, 1407.
notice of application where owner of the land is also occupier, 1384.
is not the occupier, 1385.
where occupier's liability notice is filed, 1387.
of apportionment of rent, 1399.
of change of day appointed for hearing application, 1392.
of day appointed for hearing objection, 1399.
objection to apportionment of
rent, 1401.
of objection to order by owner of the lands, 1398.
to apportionment of rent, 1400.
of opposition to application, 1390.
to rate collector's application, 1409.
to applicant to notice of opposition, 1391.
to occupier of lands of receiver's appointment, 1395.
that order under sect. 4 may be made upon him,
1401.
of owner's application in respect of failure to
serve occupier's liability notice, 140G.
to owner that an order has been made on receiver's report, 1398.
under sect. 4 may be made on the occu-
pier, 1402.
of second rent-charge of application for remission, 1404.
of tithe rent-charge or of lands to be served with notice
of rate collector's application, 1408.
to rate collector of notice of opposition, 1410.
to respondent to be served with duplicate notice of application,
1389.
order for distress in name of owner of lands, 1396.
where the owner is in occupation, 1393.
of Court under sect. 4... 1403.
where apportionment objected to, 1401.
on application where lands not occupied by owner, 1392.
of remission in respect of tithe rent-charge, 1404.
of rates in respect of tithe rent-charge, 1405.
under sect. 6, for recovery of sum due on account of ratei, 1411.
where receiver reports that the owner is in occupation, 1397.
report by officer ordered to distrain that there is no sufficient distress,
1399.
of receiver that the lands are occupied by the owner, 1396.
TITLE DEEDS,
acknowledgment of receipt of, by mortgagee to mortgagor, 1.
bond of indemnity against loss of, 714.
Volume I. ends with page 858,
INDEX. 1663
TRADE PROTECTION SOCIETY. See TEADE UNIONS.
TRADE SECRET, sale of, 38.
TRADE UNIONS,
agreement between a trade protection society and a workmen's union,
15601563.
roles of a workmen's union (general part);
accident benefit, 1501 1503.
acquisition of property and building, 1446.
admission of full members, 1467 1474.
agreements with employers, 1451.
alteration of rules, 1464.
American and colonial councils, 1458 1463.
appeals, 1447, 1512, 1513.
apprentice section, 1475 1478.
army and navy artificers, 1474.
arrears, 1482, 1483, 1485.
assistant secretaries, 1452 1456.
assistants and helpers, 1480 1482.
audit of general secretary's accounts, 1455.
benevolent grants, 1448.
branch assistant secretary, 1424.
auditors, 14311433.
banking, 1508.
committee, 1419 1421.
meetings, 14161418, 1518, 1519.
officers, exemptions, 1422.
number of, 1421.
penalties for neglect of duty, inc., 1422, 1427.
remuneration of, 1422.
president, 1423.
property, &c., 1417, 1418.
referee, 1428, 1429.
secretary, 14241428.
treasurers, 1434.
vice-president, 1423, 1424.
central office, 1413.
vacant-book offices, 1436.
chairman of executive council, 1444.
check -book keeper, 1429.
clearances of members, 1511.
complaints and disputes, 1512, 1513.
conferences, 1450.
constitution, 1412, 1413.
contingent benefit, 1492 1494.
contributions and arrears, 1482 1485.
declaration off sick benefit, 1499.
on sick benefit, 1498.
delegate meeting, 1463 1465.
disqualifications for full membership, 1471, 1472.
dissolution, 1518.
district committee, 1438 1443.
division into branches, 1413.
donation benefit, 1485 1492.
doorkeepers, 1429.
flnties of branch referee, 1429.
secretary, 14241427.
treasurers, 1434.
of district committee secretary, 1442.
Volume I. ends with page 858.
1664 INDEX.
TRADE UNIONS continued.
rules of a workmen's union (general part) continued.
duties of final appeal court, 1466.
of general secretary, 1452 1456.
of organising district delegates, 1457, 1458.
of trustees, 1508, 1509.
election of brancli auditors, 1431.
president and vice-president, 1423.
referee, 1428.
secretary, 1424.
treasurer, 1434.
trustees, 1434.
of district committeemen, 1441.
secretaries, 1443.
of executive councihnen, 1444, 1445.
of general and assistant secretaries, 1452.
of officers and delegates generally, 1413 1416.
of vacant-book keepers, 1437.
emergency, men sent for in case of, 1499, 1500.
entrance fees for assistant and helper section, 1481.
for full membership, 1467, 1468.
for trade protection members, 1478.
equalisation, 1509, 1510.
executive council, 1443 1445.
exemptions from contributions, 1483.
false declarations of sickness, 1496.
federation, 1450.
final appeal court, 1465, 1466.
fines for offences, 1515 1517.
forfeiture of donation benefit, 1489, 1490.
funeral benefit, 1506, 1507.
general secretary, 1452 1456.
general trustees, 1449.
investigations by district committee, 1443.
investment of funds generally, 1509.
of superannuation reserve- fund, 1506.
Journal salesman, 1421.
legal aid, 1502, 1503.
legal proceedings against officers and members, 1449.
levies by executive council, 1447, 1448.
by American and colonial councils, 1459.
by branches, 1416, 1417.
by district committees, 1440.
for superannuation reserve fund, l;>0"i.
loss of tools, 1503.
members going abroad, 1510, 1511.
leaving the trade, 1474.
misconduct of sick members, 1497.
money steward, 1429.
name and objects, 1412.
nominee for funeral benefit, 1507.
notice of sickness, 1494, 1498.
notification of marriage, 1473.
offences and penalties, 1515 1518.
office hours, 1456.
opening new branches, 1448, 1460, 1513, 1514.
organising district delegates, 1456 1458.
penalties for neglect of duty by executive councihnen, 1 14/5.
piecework, 1514, 1515.
powers of branch committee, 1420.
of delegate meeting, 1464.
Volume I. ends with pa ye 858.
INDEX. 1665
TRADE UNIONS continued.
rule* of a workmen'* union (general part) continued.
powers of district committee, 1438 1441.
of executive council, 1446 1451.
qualifications for full membership, 1469, 1470.
rates of sick benefit, 1498.
re-admission of members, 1471, 1473.
referee of district committee, 1443.
to general office, 1446.
register of unemployed, 1437.
removal of general or assistant secretaries, 1452.
of sick members, 1496.
remuneration for delegate meeting, 1466.
for special audits, 1466.
for special delegations, 1467.
of branch committeemcn, 1421.
of branch secretary, 1428.
of branch auditors, 1433.
of branch treasurers, 1434.
of district committeemen, 1441.
of district secretary, 1442, 1443.
of executive councilmen, 1444.
of general and assistant secretaries, 1455.
of referee to general office, 1446.
of registrars of unemployed, 1437.
of sick stewards, 1430.
of trustees, 1508.
of vacant-book keepers, 143f>.
reports of branches abroad, 1418.
of general secretary, 1453, 1454.
of organising district delegates, 1457, 1158.
resignation or removal of branch secretaries, 1 1 2s.
sick benefit, 14941499.
sick stewards, 1430, 1497.
sickness abroad, 1495.
special delegate meeting, 1464.
special delegations, 1451.
strike benefit, 14921494.
superannuation, 1503 1506.
trade protection members, 1478 1480.
transfer from apprentice section to full membership, 1475, 1477.
from trade protection section to full membership, 1480.
unemployment benefit, 1485 1492.
vacant books, 14351438.
voting at elections of officers and delegates, 1414, 1415.
on general district disputes, 1441.
rules of a workmen's union (National Insurance section):
accounts, 1540.
administration expenses, 1540.
amendment of rules, 1544.
appeals, 1537, 1538.
arrears, 1523, 1524, 1527, 1528.
assignment or charge of benefit void, 152->.
audit, 1541.
benefits, 1524, 1525, 15471555.
compensation claims, 1531.
contributions, 1521 1523, 1550, 1551.
declaration on sick benefit, form of, 1530.
off sick benefit, form of, 1531.
deficiency, 1542, 1543, 1545.
Volume I. ends with pnyc 858.
1666 INDEX.
TRADE UNIONS continued.
rules of a workmen's union (National Insurance section) con-
tinued.
disputes, 1543.
dissolution, 1544.
expulsion and withdrawal, 1537, 1538.
general, 1519, 1520.
inspection of affairs of society, 1543, 1544.
of books, 1540.
insured members, 1520, 1521.
interpretation of rules, 1545.
investment and management of funds, 1534 1536.
Irish members, 1545 1547.
marine members, 1534.
maternity benefit, 1532, 1533.
medical benefit, 1525.
members in hospitals, &c., 1536.
naval and military members, 1533.
notice of sickness, 1526.
objects, 1520.
oft'ences, 1539.
office, 1520.
periodical medical certificates during sickness, 1530.
receipts on payment of benefits, 1530.
reduction of sickness benefit in case of arrears, 1527. 1528, 1548,
1549.
returns, 1541.
sanatorium benefit, 1525, 1526.
Scottish members, 1547.
security, 1538.
sickness and disablement benefit, 1526 1531, 1547, 1552 1554.
surplus, 1542, 1545.
suspension of sickness benefit in case of imposition, &c., 1529, 1530.
tables of benefits, &c., 1547 1555.
valuations, 1542.
rules of a trade protection society:
alteration of rules, 1558.
annual general meeting, 1557.
audit and auditors, 1559.
candidates for oflice, 1557.
chairman and vice-chairman, 1557, 1558.
cheques and pass books, 1557.
committee meetings, 1558.
constitution, 1556.
disqualifications of committeemen, 1558.
dissolution, 1560.
inspection of books, and list of members, 1559.
levies, 1557.
name, 1555.
objects, 1555, 1556.
officers, 15571559.
payment of subscriptions, 1556.
penalties, 1559.
place of meeting, 1555.
removal of officers and committeemen, 1559.
subscriptions, 1556.
treasurer and secretary, 1559.
trustees, 1558.
TRADER, articles of apprenticeship to, 102, 103, 105108.
Volume* I. ends with paye 858.
INDEX. 1667
TRAMWAYS. See LIGHT RAILWAYS.
by-laws, model forms of, 1563 1568.
confirmation Bill, 1568 et aeq.
model Bill, 927 et aeq.
alteration of level of roads, 932.
of telegraph lines, 937.
apparatus for uso of mechanical power to be deemed part of tram-
way, 914.
application of deposit, 946.
of penalty for not duly completing, 948.
arbitration, 953.
attachment of brackets to buildings, 943.
by-laws of Board of Trade, 944.
of local authorities, 952.
capital, 952, 953.
cheap fares for labouring classes, 950.
completion of works, time for, 945.
confirmation of agreement, 982.
consents of local or road authorities, 953.
construction of tramways, 928 933.
correction of errors in deposited plan and book of reference, 951.
cross-overs, 933.
deposit, 945947.
electrical power, special provisions as to use of, 935 944.
works, 929.
fares, rates and charges, 949 951.
gauge, 930.
generating station, power to erect, 929.
goods traffic, 949.
incorporation of Acts, 927.
of company, 928.
inspection by Board of Trade, 945.
interpretation, 927, 928.
lands, 951, 952.
malicious damage, penalty for, 953.
materials excavated in construction, 932.
miscellaneous clauses, 981 1002. See PRIVATE BILL LEGISLATION'.
mortgagees, rights of, on sale of tramways, 952.
motive power, 934.
nuisance, 952.
observatories, protection of, 936.
orders, &c. of Board of Trade, 953.
passengers' fares, 949.
luggage, 949.
penalty for not maintaining rails and roads, 931.
for not opening line within time limited, 947 949.
period for compulsory purchase, 951.
periodical revision or rates and charges, 950.
plan of proposed mode of construction, 931.
Postmaster-General, protection of, 937 940.
use of tramway posts by, 940 943.
power to make tramways, 928.
priority of mortgages, 983.
purchase of lands by agreement, 952.
rails, 931.
recovery of penalties, 953.
reduction of footpaths, 930.
saving of general Acts, 953.
sewers, access to, 932.
Sundays and holidays, fares on, 950.
Volume I. ends with page 858.
1668 INDEX.
TRAMWAYS continued.
model Bill continued.
telegraph lines, protection of, 937 940.
temporary tramways, 930.
waiting rooms, 930.
working of tramways by local authority, 945.
Provisional Order, 1569 ct seq.
access to sewers, 1575.
agreements witii road authorities, 1593.
alteration of tramways, 1576.
application of excavated road materials, 1578.
arbitrations, 1595, 1596.
audit of accounts, 1594.
by-laws as to use of mechanical power, 1581, 1582.
as to rate of speed, 1582.
cheap fares for labouring classes, 1589, 1590.
construction of tramways, 1572 1579.
cross-over roads, 1577.
electrical power, special provisions as to use of, 1582 1588.
fares, 1589.
form and delivery of notices, 1594.
gauge and width of carriages, 1574.
incorporation of Acts, 1570.
interpretation, 1570.
lands, 1570, 1571.
maximum rates and charges, 1596 1598.
mechanical power works, 1580, 1581.
mortgages, 1593.
motive power, 1579 1588.
opening for traffic, 1579.
orders, &c. by Board of Trade, 1593.
passengers' luggage, 1589.
penalty for not maintaining rails in good condition, 1575.
for failure to run regular service, 1589.
periodical revision of rates and charges, 1590.
plan and statement as to construction to be laid before Board of
Trade, 1575.
Postmaster-General, protection of, 1584 1588.
power to deviate, 1577.
to hold patents, 1594.
to corporation to work tramways, 1591.
promoters, 1570.
protection of local authority, 1594.
purchase of undertaking by local authority. 1591.
rates, 15891591, 15961598.
reconstruction of existing tramways, 1573.
recovery of penalties, 1594.
saving for general Acts, 1596.
short title, 1569.
temporary tramways, 1578.
traffic, 1588.
working agreements, 1592.
TRAVELLER, commercial, agreement for employment of, 31, 32.
TBU8TEB,
carrying on business without authority, relea.se and indemnity to, 1334.
release to, by residuary legatee, 1332.
retiring, release to, 1337.
Volume I. ends with paye 858.
INDEX. 1669
UMPIRE. See ARBITRATION.
:IJ>|H >int mi-lit, of, by arbitrators, 132.
by Board of Trade under soot. 28 of Lands Clauses
Act, 551.
under sect. 27 of Lands Clauses Act, 550.
award by. See AWARD.
notice by arbitrators to, of final disagreement, 134.
request to arbitrators to appoint, under Lands Clauses Acts, 550.
tJNDEESTUDY, agreement for engagement of, 61 .
UNDERWRITING AGENT, agreement for employment of, 2327.
VALUATION,
agreement for sale of fixtures and stock-in-trade at a, 43, 44.
agricultural land taken for a railway with injurious affection to adjoin-
ing land, 584.
brewer's leasehold interest, 599.
business carried on in throe houses held under leases for different
terms, 586.
freehold houses let to weekly tenants, 585.
freehold land on bank of river, for which there is 110 demand, 583.
freehold land taken from estate, with injurious affection to remainder,
583.
freehold land as clear site, with alternative valuation on basis of owner
building, 584.
freehold wharf held by executors into whose possession it will pass on
death of tenant for life, 591.
front portion of proposed building taken for widening a street, 591,593.
land taken by a gas and water company with consequential damage to
remainder of estate, 594.
lessee's interest in land on which he is about to erect houses and shops,
582.
of security, clause as to, in agreement for loan, 58.
pawnbroker's business, where premises required for street improvement,
588.
premises taken for street improvement, with allowance for betterment,
600.
premises used partly for business and partly for residential purposes,
589.
premises where well -known trade carried on, 587.
premises which have depreciated in value, 583.
public-house (free lease), 598.
(tied), 597.
where mortgagees in possession, 599.
theatre, 589.
trade premises held on long lease, 580.
on short lease, 581.
water rights taken by a corporation from a landowner, 595.
VALUATION LIST. See RATING.
VALUER. Nre SCRVKYOR.
under Agricultural Holdings Act. appointment of, on hdialf of landlord.
8fi.
on behalf of outgoing
tenant, 87.
Volume I. ends with /in ye 858.
1670 INDEX.
VENDOR AND PURCHASER,
bond by purchaser of leaseholds indemnifying vendor against rent and
covenants, 710, 711.
for quiet enjoyment, 327.
indemnifying purchaser against loss of title deeds, 714.
where title commenced at too late a period, 329.
notice by purchaser of appointment of referee to value fixtures, 880.
that his money is non-productive, 881.
to purchaser to complete, 880.
VOYAGE CHARTER-PARTY, 452.
WARRANT,
to distrain for rent, 603.
to sheriif to summon a jury under Lands Clauses Acts, 563, 1200, 1202.
WARRANTY, on sale of milk, 36.
WATER BILL, 968 et seq.
compensation water, provisions as to, 970, 971.
construction of works, 969 972.
contracts for supply in bulk, 977.
drainage of lands, &c., power to agree as to, 971.
easements, acquisition of, 972.
estimates, recital of, 981.
failure to furnish sufficient supply, 978.
fittings, power to supply, 976, 977.
incorporation of Acte, 968.
injury to meters, &,c., 975, 976.
limitation of powers to abstract water, 971.
limits of deviation, 969.
local authority, power of, to supply water on failure of company, 978.
malicious injury, 975, 976.
measure, supply by, 975.
meters, &c., power to sell, 975.
miscellaneous clauses, 981 1002. See PRIVATE BILL LEGISLATION-.
notice of connecting or disconnecting meters, 975.
of discontinuance of supply, 974.
power to make works, 969.
to take waters, 970.
to hold lands for protection of works, 971.
price of supply by measure, 975.
private streets, power to lay pipes in, 977.
rates for supply for domestic purposes, 972, 973.
sale of plant outside district, 987.
small houses, rates for supply to, 973.
supply of several houses by one pipe, 974.
to houses partly used for trade, 975.
waste, by-laws for preventing, 974.
WATER RIGHTS taken by corporation from landowner, valuation of, 595.
WIFE, notice not to give credit to, 890.
WORKING AGREEMENT, 12271240. See RAILWAY.
Volume I. ends with page 858.
INDEX. 1671
WORKING MEN'S CLUB, RULES OP,
accounts and audit, 523.
alcoholic liquor, gaming, &c., 516.
amendment of rules, 527.
annual returns, 524.
application of funds, 514.
applications to Registrar, 525.
by-laws, 526.
committee of management, 522.
complaints, 517.
copies of rules, 527.
disputes, 525.
entrance fee and subscriptions, 516.
infraction of rules, 517.
inspection of books, 523.
interpretation, 526.
investment of funds, 514, 515.
meetings, 518, 519.
membership, 515, 516.
misconduct, 517.
name and constitution, 513.
notices, 526.
objects, 514.
officers, 519, 520.
registered office, 513, 514.
secretary, 522.
servants, 518.
treasurer, 521.
trustees, 520, 521.
visitors, 517, 518.
voluntary dissolution, 526.
YACHT CLUB, rules and regulations of a, 480 i89.
Volume I. ends with pay* 858.
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