Page images
PDF
EPUB

as are provided by the said recited Acts or any of them shall be had towards enforcing every such award (by application to any justice of the peace of the county, stewartry, riding, division, barony, city, town, burgh, or place within which the parties shall reside,) as are by the said recited Acts or any of them prescribed for enforcing awards made under or by virtue of the provisions of them or any of them, and any award in writing under the hand of the chairman of the council shall be deemed sufficient evidence of the validity of such award to authorize such proceedings of distress, sale, and imprisonment; but nothing in this Act contained shall authorize the said council to establish a rate of wages or price of labour or workmanship at which the workman shall in future be paid.

5. A quorum of not less than three (one being a master and another a workman, and the third the chairman), may constitute a council for the hearing and adjudication of cases of dispute, and may accordingly make their award; but a committee of council, to be denominated the committee of conciliation, shall be appointed by the council, consisting of one master and one workman, who shall sit at such times as shall be appointed, and be renewed from time to time as occasion shall require; and all cases or questions of dispute which shall be submitted to the council by both parties shall in the first instance be referred to the said committee of conciliation, who shall endeavour to reconcile the parties in difference; when such reconciliation shall not be effected, the matter in dispute shall be remitted to the council, to be disposed of as a contested matter in the regular course.

6. The chairman of the council, who shall be some person unconnected with trade, shall preside at their meetings, and shall be appointed at their first meeting after obtaining such licence as aforesaid. When the votes of the council shall be equal, the chairman for the time being is to have the casting vote.

7. No counsel, solicitors, or attornies to be allowed to attend on any hearing before the council or the committee of conciliation unless consented to by both parties.

8. On the first Monday in November in the year next after the first appointment of the council, and on the first Monday in November in each succeeding year, a council and chairman shall be appointed, who shall remain in office until the appointment of a new council; and in case of vacancies arising betwixt the fixed days of election in each year, caused by the death or removal of any member of the council or of the chairman, an election shall take place within fourteen days, and another member be elected to fill up the said vacancy from the class to which he may belong, or a chairman be appointed, as the case may be, and the member or chairman so elected shall serve the remainder of the year.

9. For the purposes of this Act, each person being twenty-one years of age, belonging to the trade having a licence for a council, and being

an inhabitant householder or part occupier of any house, warehouse, counting-house, or other property, who, being a master in such trade, has resided and carried on the same within the limits of any city, borough, town, stewartry, riding, division, barony, liberty, or other place, wherever an equitable council of conciliation and arbitration is formed, for the space of six calendar months previous to the ninth day of November in any one year, and being a workman has resided for a like period within the same limits, and has worked at his trade or calling seven years previous to the ninth day of November in any one year, shall be entitled to be registered as a voter for the election of the council, and shall be qualified to be elected a member of such council; but the masters shall appoint their own portion of the council, and the workmen elect their portion of the council.

10. The clerk of each division of the council shall keep a register of every person claiming to have his name inscribed on the register as a voter for the council, whether master or workman (but distinct from each other), the said register to contain the name, occupation, and abode of each person engaged in the particular trade or occupation as set forth in the licence granting the formation of the council; and the said clerk shall, upon payment of a registration fee being made to him, register the same immediately, or be liable to be fined for neglect, the said fine to be applied to the funds of the said council, and the council is hereby empowered to fix and determine the amount of such fee and fine respectively: Provided that in case it shall appear to the council that any person ought not to be so registered, the council shall strike the name of such person off such register.

11. The clerk of the council shall, for the purposes of this Act, be the returning officer; he shall convene meetings of masters and meetings of workmen, by advertisement, fourteen clear days previous to the first day of November; and each class shall at such meetings proceed to nominate and elect members to the council for the year next ensuing; the votes to be taken by show of hands or division of numbers, and in such place as the council may authorize; and the clerk shall declare to the said meeting the names of the candidates who are elected, and the same shall be final and conclusive, unless a poll is demanded at the time the declaration is made; but either party may demand a poll of those only whose names are registered in the books of the council.

12. A poll being demanded by six registered voters, the council shall appoint time and place for that purpose, where each voter shall be entitled to record his vote.

13. The clerk shall, within seven days after the day of nomination, in case of a poll being demanded, declare the number of votes given to each candidate, and those having received the largest number of votes shall be declared duly elected.

14. The council shall also appoint a clerk, who shall continue in office until a new appointment shall be made in his stead, and who shall keep

a record of all their proceedings, and do and perform such other duties as this Act may authorize or the said council may require.

15. The council may hold their sittings in any public room used for conducting public business, with the permission of the authority having the power to grant such permission.

16. Every council elected under this Act shall from time to time make out a list of fees which shall be charged for any proceeding and other expenses under this Act, and shall appoint such officers as may be necessary, and make such byelaws, rules, and regulations for their guidance, and for the taking and scrutiny of the votes given for the election of members of the council, and also for the despatch of business, as they may deem necessary; such byelaws, rules, regulations, and fees not to be legal and binding in law unless and until they shall be sanctioned by the Secretary of State for the home department.

17. The Acts before recited shall remain in full force and effect as though this Act had not been passed: this Act shall not be construed to extend to domestic servants or servants in husbandry.

18. In citing this Act for any purpose whatever it shall be sufficient to use the expression "the Councils of Conciliation Act, 1867."

19. This Act shall commence on the second day of July, one thousand eight hundred and sixty-seven.

SCHEDULE OF FORMS.

Form of Summons of a witness to be issued by chairman.

County of
or Borough of

}

To the

of the Equitable Council of Conciliation and Arbitration.

WHEREAS it appeareth to me, A.B., chairman of the said Equitable Council of Conciliation and Arbitration held at

[ocr errors]

that G.H. of

in the borough [or county, as the case may be,] is a material witness to be examined concerning the dispute between C.D. of and E.F. of under the Act [here set forth the title of the Act]: These therefore are to require you forthwith to summon the said G.H. to appear before the said Equitable Council of Conciliation and Arbitration, held at the at the hour of

[blocks in formation]

in the noon of 18 so that the said dispute may

[ocr errors]

be adjudicated upon and settled forthwith according to law; and be you then there to certify what you have done in the premises. Herein fail not.

[blocks in formation]

Form of Award.

WE I.K. and L.M. [name and describe the arbitrators], the arbitrators in the matters in dispute between [here state the names of plaintiff and defendant to the reference], do hereby adjudge and determine that [here set forth the determination, to which the chairman and arbitrators shall subscribe their names].

Signed this

[blocks in formation]

Form of Endorsement extending the time limited for making the Award. WE members of the Equitable Council of Conciliation and Arbitration, do hereby agree to extend the time of hearing [or making an award, as the case may be,] in the matter in dispute between

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

ciliation and Arbitration, do hereby acknowledge that the award in the

[blocks in formation]

I

[Form of Acknowledgment of fulfilment of the Award.

[merged small][ocr errors][merged small]

ciliation and Arbitration, do hereby acknowledge that the award in the matter of dispute between

of

and

[blocks in formation]

day of

Witness my hand, this

[merged small][merged small][ocr errors][merged small]

Form of Oath to be administered by the Arbitrators to the parties and

witnesses under this Act.

and

under

THE evidence that you shall give before this Equitable Council of Conciliation and Arbitration between and by virtue of this Act [here state the title of this Act] shall be the truth, the whole truth, and nothing but the truth.

So help you GOD.

(f) This unintelligible form and, in fact, the whole schedule of forms, are omitted from the revised statutes.

Form of Commitment of a person summoned as a witness before the

Arbitrators.

WHEREAS proof on oath hath been made before me, one of Her Majesty's justices of the peace for the county [or riding, stewartry, division, city, burgh, liberty, town, or place] of

the

day of

that A.B. hath been duly summoned, and

on

on this day of hath neglected to appear and give evidence before the Equitable Council of Conciliation and Arbitration for the in the matters of dispute between C.D. and E.F., at in the county [or riding, stewartry, division, city, burgh, liberty, town, or place] of under and by virtue of an Act made in the twenty-fourth year of the reign of Her present Majesty, intituled "An Act" [here set forth the title of this Act]; and the said A.B. being required to appear and give evidence before the said arbitrators, and still refusing so to do: Therefore I, the said justice, do hereby, in pursuance of the said Act, commit the said A.B. to the [describing the prison or the house of correction], there to remain without bail or mainprise, for his [or her] offence aforesaid, until he [or she] shall submit himself [or herself] to be examined and give his [or her] evidence before the said arbitrators touching the matters referred to them, or shall otherwise be discharged by due course of law: And you the [constable or other peace officer or officers to whom the warrant is directed] are hereby authorized and required to take into your custody the body of the said A.B., and him [or her] safely convey to the said prison [or house of correction], and him [or her] there to deliver to the gaoler [or keeper] thereof, who is hereby authorized and required to receive into his custody the body of the said A.B., and him [or her] safely to detain and keep, pursuant to this commitment. Given under my hand, this

of our Lord

day of

in the year

(This commitment to be directed to the proper peace officer and the gaoler [or keeper] of the prison [or house of correction]).

Form of Warrant of Distress.

To the constable of

of day of

under an award made by in the year of our Lord

WHEREAS

on the

pursuant to an Act passed in the twenty-fourth year of the reign of Her present Majesty, intituled "An Act" [state the title of this Act], is liable to pay to

of

of

the sum of

; and the said

[ocr errors]

and also the sum having refused or neglected to

pay the same for the space of two days and upwards subsequent to the making of such award: These are therefore to command you to levy the said sum of by distress and sale of the goods and chattels of ; and I do hereby order and direct the goods and

the said

chattels so to be distrained to be sold and disposed of within days, unless the sum of

for which such distress shall be made,

« EelmineJätka »