SECOND SCHEDULE to which this Act refers: Form of the Oath to be administered by the Arbitrators to the Parties and Witnesses under this Act. THE evidence that you shall give before us, the arbitrators appointed by A. B. and C. D. (the parties to the submission,) to determine the matters in difference between them, under and by virtue of an Act, passed in the fortieth year of the reign of King George the Third, intituled, An Act (state the title of the Act), shall be the truth, the whole truth, and nothing but the truth. So help you GOD. Form of the Submission to Arbitration, and of the Award to be made in pursuance of this Act. I A. B. of, &c. (set forth the name, residence, and description of the party), do hereby nominate and appoint C. D. of &c. an arbitrator under and by virtue of an Act, passed in the fortieth year of the reign of King George the Third, intituled, An Act (set forth the title of the Act), to hear and determine the matters in difference between me and E. F. of, &c. I E. F. of, &c. do appoint G. H. of, &c. to be an arbitrator under the said Act for the purposes aforesaid. Form of the Award or Umpirage to be made by the Arbitrators or Umpire, and to be written at the Foot of the Sub mission. WE, I. K. and L. M. of, &c. the arbitrators above named [or I N. O. the justice, as the case may be], do hereby adjudge and determine that, &c. (here set forth the determination to which the arbitrators or justice, as the case may be, shall subscribe their names.) Witness, P. Q. Form of a Conviction in a pecuniary Penalty. BE it remembered, That on the day of in the year of the reign of and in the year of our Lord for that the said A. B. (state the offence as for neglecting to sign the Form of Commitment of a Person summoned as a Witness before the Arbitrators. on this WHEREAS proof on oath hath been made before us, (naming the justices signing the commitment) two of his Majesty's justices of the peace for the county, (or riding, city, liberty, division, or place) of day of That A. B. hath been duly summoned, and hath neglected to appear and give evidence before C. D. and E. F. the arbitrators appointed by and between G. H. and I. K. to determine the matters in dispute between them at in the county, (or riding, city, liberty, division, or place) of on the day of under and by virtue of an Act, made in the fortieth year of the reign of King George the Third, intituled An Act (here set forth the title of the Act); and the said No. XIV. 39 and 40 George III. c. 106. No. XIV. 30 & 40 George III. c. 106. No. XV. 41 Geo. III. c. 38. 39 and 40 G. 3. c. 106. A. B. being required by us, the said justices, to give evidence before the said arbitrators, and still refusing so to do, therefore we the said justices 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 mainprize 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 as aforesaid, 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 to convey to the said prison (or house of correction, and him (or her) there to deliver to the goaler (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 our hands this Lord day of in the year of our This commitment to be directed to the proper peace officer and the gaoler (or keeper) of the prison (or house of correction.) [No. XV.] 41 George III. c. 38.-An Act to amend so much of an Act passed in the thirty-ninth and fortieth Years of the Reign of his present Majesty, intituled, An Act to repeal an Act, passed in the last Session of Parliament, intituled, An Act to prevent unlawful Combinations of Workmen, and to substitute other Provisions in lieu thereof; as relates to Forms of Convictions therein referred to. -[21st May 1801.] WHEREAS doubts have arisen as to certain forms of conviction prescribed in a schedule to an Act, passed in the thirty-ninth and fortieth years of the reign of his present Majesty, intituled, An Act to repeal an "Act, passed in the last Session of Parliament, intituled, An Act to prevent unlawful Combinations of Workmen; and to substitute other Provisions in lieu thereof: And whereas it is expedient that those doubts should be re'moved,' for remedy whereof, 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, That from and after the passing of this Act, so much of the said schedule to the said Act annexed, as contains the Act as relates form intituled Form of Conviction and Commitment, in the said schedule; to the forms of and also as contains the form intituled, Form of Conviction in a pecuniary conviction re- Penalty, shall be and the same is hereby repealed; and that instead and in pealed, and in lieu thereof, the schedule to this Act annexed, and the forms therein constead thereof the forms here. tained, shall be severally used, applied, and construed in like manner as if the said forms were specially enacted in the said recited Act, and that the said schedule to this Act annexed, and the forms therein contained, shall be deemed and taken to be a part of the schedule to the said recited Act; and that all the provisions of the said Act, and the references therein contained to the said schedule to the said recited Act, and the two several forms therein contained and hereby repealed, shall be applied, construed, deemed, and taken to refer to the schedule to this Act annexed, and to the forms therein contained, and be extended to and construed in like manner as if the same had been enacted in the said Act. So much of the first schedule of the recited to annexed shall be used. year of his Majesty's reign, and in the year of our Lord in the A. B. is convicted before us, [naming the justices,] two of his Majesty's justices of the peace for the county, [or, riding, division, city, liberty, town, or place,] of Given under our hands, the day and year above written. Form of Conviction in a pecuniary Penalty. BE it remembered, That on [pursuing the same form, as far as the title of the said recited Act]; and we the said justices do hereby adjudge and determine the said A. B. for the said offence to forfeit and lose the sum of of lawful money of Great Britain, to be distributed as the said Act directs. [No. XVI.] 44 George III. c. 87.-An Act to amend an Act, passed in the thirty-ninth and fortieth Years of his present Majesty, intituled, An Act for settling Disputes that may arise between Masters and Workmen engaged in the Cotton Manufacture in that Part of Great Britain called England. [20th July 1804.] No. XV. 41 Geo. III. c. 38. WHEREAS by an Act, passed in the thirty-ninth and fortieth years of the No. XVI. reign of his present Majesty, intituled, An Act for settling Disputes 44 Geo. III. that may arise between Masters and Workmen engaged in the Cotton Manu facture in that part of Great Britain called England, Provisions were enacted for settling all disputes that arise in respect of such manufacture, c. 87. 'between the masters and workmen engaged therein, by way of arbitration, 39 & 40 Geo. 3. by two arbitrators, one to be chosen by each party at his discretion: And c. 90. recited. whereas the mode intended to be thereby established hath not produced the beneficial effects expected therefrom: And whereas it is therefore expedient that so much of the said recited Act of the thirty-ninth and for'tieth years aforesaid, as relates to the settling such disputes by arbitration in manner therein mentioned, should be amended: May it therefore please 'your Majesty that it may be enacted:' 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, That so much of the said recited Act of the thirty-ninth and fortieth years aforesaid, as relates to settling such disputes as aforesaid by arbitration in manner therein directed, and also so far as regards the powers of the arbitrators to administer an oath or oaths to the parties, or their witnesses, shall be and the same is hereby repealed; and that, from and after the passing of this Act, all such disputes shall be settled and determined in manner by this Act directed. So much there. of (see § 1-5) as relates to settling disputes by arbitration repealed (and see § 19). II. And be it further enacted, That in all cases where an arbitration may be demanded by the said recited Act, where the party complaining and Where parties the party complained of shall come before or agree, by any writing under agree to abide their hands, to abide by the determination of any justice of the peace or the determinamagistrate of any county, city, town, or place, within which the parties re- tion of a jusside, it shall and may be lawful for such justice of the peace or magistrate tice, the matto hear and finally determine in a summary manner the matter in dispute ter in dispute between such parties; but if such parties shall not come before, or so agree determined by may be finally to abide by the determination of such justice of the peace or magistrate, him. No. XVI. c. 87. If parties do not so agree, justice shall summon the party complained of, and appoint arbitrators. then it shall be lawful for any such justice or magistrate, and such justice of the peace or magistrate is hereby required, on complaint made before him, 44 Geo. III. and proof by the examination of the party making such complaint, that application has been made to the person or persons against whom such cause of complaint has arisen, or his, her, or their agent or agents, if such dispute has arisen with such agent or agents, to settle such dispute, and that the same has not been settled upon such complaint being made, or where the dispute relates to a bad warp, such cause of complaint shall not be done away within forty-eight hours after such application, to summon before him such person or persons, or agent or agents, on some day not exceeding three days, exclusive of Sunday, before the making such complaint, giving notice to the the person making such complaint, of the time and place appointed in such summons for the attendance of such person or persons, agent or agents as aforesaid; and if at such time and place the person or persons so summoned shall not appear by himself, or send some person on his, her, or their behalf to settle such dispute, or appearing shall not do away such cause of complaint, then and in such case it shall be lawful for such justice, and he is hereby required, at the request of either of such parties, to nominate arbitrators or referees, for settling the matters in dispute; and such justice shall then and there at such meeting propose not less than four nor more than six persons, one half of whom shall be master manufacturers or agents, or foreman of some master manufacturer, and the other half of whom shall be weavers in such manufacture (such respective persons residing in or near to the place where such dispute shall have arisen) out of which master manufacturers, agents, or foremen, the master engaged in such dispute, or his agent, shall chuse one, and out of which weavers so proposed, the weaver, or his agent, shall chuse another, who shall have full power to hear and finally determine such dispute; and the said justice shall thereupon appoint a place of meeting according to the directions of this Act, and also a day for the meeting, notice of which nomination, and of the day of meeting, shall thereupon be given to the persons so nominated arbitrators or referees, and to any party to any such dispute, who may not have attended the meeting before such justice as aforesaid; which appointment shall be by such justice certified in the form following, that is to say; Form of appointment of referees. Persons complaining not attending, shall lose the benefit of the Act, &c. On arbitrators refusing to act, justice may name others. 'I A. B. one of the justices of the peace acting for agent of, as the case may be] and I. K. of day of at on A. B. And the persons so appointed as aforesaid shall hear and examine the parties and their witnesses, and determine such dispute within two days after such nomination, exclusive of Sundays; and the determination of such arbitrators shall be final and conclusive. III. Provided also, and be it enacted, That if any person so complaining as aforesaid, shall not attend, or send some person on his or her behalf, at the time and place appointed by such justice of the peace, for the purpose of naming such persons as aforesaid, such person shall not in such case be entitled to the benefit of this Act; and if any person against whom any such complaint shall have been made as aforesaid, shall not attend, or send some person on his or her behalf, the justice of the peace shall thereupon nominate a person for him out of such persons so proposed as aforesaid. IV. Provided always, and be it enacted, That in case any or either of the persons so proposed by any such justice, shall refuse or delay to accept such arbitration, or accepting, shall not act therein, the justice shall proceed to name another or other persons of the descriptions aforesaid, in the room of the person so refusing as aforesaid to be arbitrator or arbitrators, in the place of such arbitrator or arbitrators so refusing or delaying to accept, or who shall not act, out of whom the parties to such dispute shall forthwith 7 44 Geo. III. respectively nominate the arbitrators under this Act; and in every case of No. XVI. a second nomination, the arbitrators shall meet within twenty-four hours after the application for the same, and at the same place at which the meeting of the arbitrators first named was appointed. c. 87. V. And be it further enacted, That in each and every case where the arbitrators cannot agree, they shall forthwith go before the justice or justices Arbitrators by whom they were appointed; and in case of his or their absence or indis- not agreeing, position, before any other justice of peace, for the same county, riding, diand refusing to go before vision, city, liberty, or place, nearest to the place at which the arbitrators, the justice, the met to settle the dispute; and if either arbitrator shall neglect or refuse to dispute shall go before such justice of the peace, in the manner herein directed, it shall be determined and may be lawful for such justice, after summoning the arbitrators to at- by him. tend him, to determine the matter or matters in dispute, upon the statement and representation of either of the arbitrators who shall come before him. Limiting the time of making complaints. VI. And be it further enacted, That in every case where a second arbi- One arbitrator trator shall be appointed as aforesaid, and such second arbitrator shall not may make the attend at the time and place appointed for settling the matters in dispute, award, if the it shall be lawful for the other arbitrator at such time and place to proceed other does not by himself to the hearing and determining of the said matters in dispute, attend. and in such case the award of such sole arbitrator shall be final and conclusive as to all matters in dispute, submitted to such arbitrators. VII. Provided also, and be it enacted, That all complaints by the weaver, as to bad materials, shall be made within three weeks after his receiving the same, and all complaints arising from any other cause shall be made within three days after such cause of complaint shall arise; and that it shall not be allowable to any manufacturer, who shall have received into his possession any cotton cloth made by himself, or his clerk or his foreman, afterwards to make any complaint on account of work so received. VIII. Provided always, and be it further enacted, That in all cases where complaints are made respecting bad warps or utensils by workmen, the place of meeting of the referees shall be at or as near as may be to the place where the work shall be carrying on; and in all other cases at or as near as may be to the place or places where the work has been given out. IX. And be it further enacted, That if either party shall refuse to fulfil the award to be made in pursuance of this Act, for the space of forty-eight hours next after the same shall be made, and have been reduced into writing in the form in the schedule to this Act annexed, or to the like effect, the party so neglecting or refusing shall forfeit and pay to the party in whose favour such award shall have been made as aforesaid, the sum of ten pounds, to be recovered as the penalties inflicted by the said recited Act may be recovered. X. And be it further enacted, That with every piece of work given out by the manufacturer to a workman to be done, there shall (if required by the workman to whom the same shall be given) be delivered a note or ticket, signed by the person delivering out the same, or his agents, stating the quantity of the materials delivered out, and the nature of the work to be performed, and the price agreed upon for the executing such work in a workman-like manner; and which said note or ticket, in the event of dispute between the manufacturer and workmen, shall be evidence of all matters and things mentioned therein or respecting the same. XI. And be it enacted, That a duplicate of every such note or ticket shall be made and kept by the master or agent delivering the same; which duplicate shall be evidence of all the matters and things therein contained, in case the workman shall not produce to the arbitrators or the said justice, as the case may be, the said note or ticket so delivered to him with the said work. XII. And be it further enacted, That every master or agent refusing or neglecting to give a note or ticket in the manner hereby prescribed, when required so to do, shall forfeit and pay any sum not exceeding forty shillings nor less than twenty shillings, for each failure or neglect, to any person or persons who shall sue for the same, to be recovered and applied in the same manner as other penalties may be recovered and applied by the VOL. VIII. R Complaints respecting bad warps or utensils to be settled near the place of work. Penalty on refusing to fulfil the award, 10%. Tickets stat ing quantity of materials, &c. shall be given out with work. Duplicate of the ticket shall be kept by the master. Penalty on not giving a ticket 40s. to 20s., without ap peal. |