35 & 36 VICT. c. 46.

The Arbitration (Masters and Workmen) Act, 1872. Reciting 5 Geo. 4, c. 96 (referred to as the "principal act"): And that it is expedient to make further provision for arbitration between masters and workmen, enacts:

As to Agreements under this Act.]-Sect. 1. "The following provisions shall have effect with reference to agreements under this act :

(1.) An agreement under this act shall either designate some

board, council, persons or person as arbitrators or arbitrator, or define the time and manner of appointment of arbitrators or of an arbitrator; and shall designate, by name or by description of office or otherwise, some person to be, or some person or persons (other than the arbitrators or arbitrator) to appoint an umpire in case of disagreement between arbitrators:

(2.) A master and a workman shall become mutually bound by an agreement under this act (hereinafter referred to as "the agreement") upon the master or his agent giving to the workman and the workman accepting a printed copy of the agreement:

Provided that a workman may, within forty-eight hours after the delivery to him of the agreement, give notice to the master or his agent that he will not be bound by the agreement, and thereupon the agreement shall be of no effect as between such workman and the master:

(3.) When a master and workman are bound by the agreement they shall continue so bound during the continuance of any contract of employment and service which is in force between them at the time of making the agreement, or in contemplation of which the agreement is made, and thereafter so long as they mutually consent from time to time to continue to employ and serve without having rescinded the agreement. Moreover, the agreement may provide that any number of days' notice, not exceeding six, of an intention on the part of the master or workman to cease to employ or be employed shall be required, and in that case the parties to the agreement shall continue bound by it respectively until the expiration of the required number of days after such notice has been given by either of the parties:

(4.) The agreement may provide that the parties to it shall, during its continuance, be bound by any rules con

tained in the agreement, or to be made by the arbitrators, arbitrator, or umpire as to the rate of wages to be paid, or the hours or quantities of work to be performed, or the conditions or regulations under which work is to be done, and may specify penalties to be enforced by the arbitrators, arbitrator, or umpire for the breach of any such rule:

(5.) The agreement may also provide that in case any of the following matters arise they shall be determined by the arbitrators or arbitrator, viz.:

a. Any such disagreement or dispute as is mentioned in the second section of the principal act; or

b. Any question, case, or matter to which the provisions of the Master and Servant Act, 1867, apply;

and thereupon in case any such matter arises between the parties while they are bound by the agreement the arbitrators, arbitrator, or umpire, shall have jurisdiction for the hearing and determination thereof, and upon their or his hearing and determining the same no other proceeding shall be taken before any other court or person for the same matter; but if the disagreement or dispute is not so heard and determined within twenty-one days from the time when it arose, the jurisdiction of the arbitrators, arbitrator, or umpire shall cease, unless the parties have, since the arising of the disagreement or dispute, consented in writing that it shall be exclusively determined by the arbitrators, arbitrator, or umpire:

A disagreement or dispute shall be deemed to arise at the time of the act or omission to which it relates: (6.) The arbitrators, arbitrator, or umpire may hear and determine any matter referred to them in such manner as they think fit, or as may be prescribed by the agreement:

(7.) The agreement, and also any rules made by the arbitrators, arbitrator, or umpire in pursuance of its provisions, shall in all proceedings as well before them as in any court be evidence of the terms of the contract of employment and service between the parties bound by the agreement:

(8.) The agreement shall be deemed to be an agreement within the meaning of the thirteenth section of the principal act for all the purposes of that act: (9.) If the agreement provides for the production or examination of any books, documents, or accounts, subject or not to any conditions as to the mode of their pro

duction or examination, the arbitrators, arbitrator, or umpire may require the production or examination (subject to any such conditions) of any such books, documents, or accounts in the possession or control of any person summoned as a witness, and who is bound by the agreement, and the provisions of the principal act, for compelling the attendance and submission of witnesses, shall apply for enforcing such production or examination."

35 & 36 VICT. C. 76.

An Act to consolidate and amend the Acts relating to the Regulation of Coal Mines, and certain other Mines.

This act applies to mines of coal, mines of stratified ironstone, mines of shale, and mines of fire-clay. Besides a variety of provisions relating to the management of coal mines, including regulations for the employment of women, young persons and children, and the responsibility of owners, agents, managers, workmen, and the parents and guardians of children and young persons, the act contains the following clauses relating to " wages:"

Prohibition of Payment of Wages at Public-houses, &c.] -Sect. 16. "No wages shall be paid to any person employed in or about any mine to which this act applies at or within any public house, beer shop, or place for the sale of any spirits, beer, wine, cyder, or other spirituous or fermented liquor, or other house of entertainment, or any office, garden, or place belonging or contiguous thereto, or occupied therewith.

"Every person who contravenes or fails to comply with or permits any person to contravene or fail to comply with this section shall be guilty of an offence against this act; and in the event of any such contravention or non-compliance by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this act, unless he prove that he had taken all reasonable means by publishing and to the best of his power enforcing the provisions of this section to prevent such contravention or non-compliance."

As to Payment of Persons employed in Mines by Weight.] -Sect. 17. "Where the amount of wages paid to any of the persons employed in a mine to which this act applies depends on the amount of mineral gotten by them, such persons shall, after the first day of August one thousand eight hundred and seventy-three, unless the mine is exempted by a secretary of

state, be paid according to the weight of the mineral gotten by them, and such mineral shall be truly weighed accordingly.

"Provided always, that nothing herein contained shall preclude the owner, agent, or manager of the mine from agreeing with the persons employed in such mine that deductions shall be made in respect of stones or materials other than mineral contracted to be gotten, which shall be sent out of the mine with the mineral contracted to be gotten, or in respect of any tubs, baskets, or hutches being improperly filled in those cases where they are filled by the getter of the mineral or his drawer, or by the person immediately employed by him, such deductions being determined by the banksman or weigher and check weigher (if there be one), or in case of difference by a third party to be mutually agreed on by the owner, agent, or manager of the mine on the one hand, and the persons employed in the

mine on the other.

"Where it is proved to the satisfaction of a secretary of state that by reason of any exigencies existing in the case of any mine or class of mines to which the foregoing provision in this section applies, it is requisite or expedient that the persons employed in such mine or class of mines should not be paid by the weight of the mineral gotten by them, or that the beginning of such payment by weight should be postponed, such secretary of state may, if he think fit, by order exempt such mine or class of mines from the provisions of this section, either without condition or during the time and upon the conditions specified in the order, or postpone in such mine or class of mines the beginning of such payment by weight, and may from time to time revoke or alter any such order.

"If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with, this section, he shall be guilty of an offence against this act; and in the event of any contravention of or non-compliance with this section by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this act, unless he prove that he had taken all reasonable means by publishing and to the best of his power enforcing the provisions of this section to prevent such contravention and non-compliance."

66

Appointment and Removal of Check Weigher on part of Men.]-Sect. 18. "The persons who are employed in a mine to which this act applies, and are paid according to the weight of the mineral gotten by them, may, at their own cost, station a person (in this act referred to as a check weigher") at the place appointed for the weighing of such mineral, in order to take an account of the weight thereof on behalf of the persons by whom he is so stationed. The check weigher shall be one of the persons employed either in the mine at which he is so

stationed or in another mine belonging to the owner of that mine. He shall have every facility afforded to him to take a correct account of the weighing for the persons by whom he is so stationed; and if in any mine proper facilities are not afforded to the check weigher as required by this section, the owner, agent, and manager of such mine shall each be guilty of an offence against this act, unless he prove that he had taken all reasonable means by enforcing to the best of his power the provisions of this section to prevent such contravention or noncompliance.

"The check weigher shall not be authorized in any way to impede or interrupt the working of the mine, or to interfere with the weighing, but shall be authorized only to take such account as aforesaid, and the absence of the check weigher shall not be a reason for interrupting or delaying such weighing.

"If the owner, agent, or manager of the mine desires the removal of a check weigher on the ground that such check weigher has impeded or interrupted the working of the mine, or interfered with the weighing, or has otherwise misconducted himself, he may complain to any court of summary jurisdiction, who, if of opinion that the owner, agent, or manager shows sufficient primâ facie ground for the removal of such check weigher, shall call upon the check weigher to show cause against his removal. On the hearing of the case the court shall hear the parties, and, if they think that at the hearing sufficient ground is shown by the owner, agent, or manager to justify the removal of the check weigher, shall make a summary order for his removal, and the check weigher shall thereupon be removed, but without prejudice to the stationing of another check weigher in his place.

"The court may in every case make such order as to the costs of the proceedings as they think just.

"If in pursuance of any order of exemption made by a secretary of state, the persons employed in a mine to which this act applies are paid by the measure or gauge of the material gotten by them, the provisions of this section shall apply in like manner as if the term 'weighing' included measuring and gauging, and the terms relating to weighing shall be construed accordingly."

Application of Weights and Measures Act to Weights used in Mines, &c.]-Sect. 19. "The Weights and Measures Act, or any act for the time being in force relating to weights and measures, shall apply to the weights used in any mine to which this act applies for determining the wages payable to any person employed in such mine according to the weight of the mineral gotten by such person, in like manner as it applies to weights used for the sale of any article, and the inspector of weights and measures for the district appointed under the said act shall