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person legally entitled [i.e. the incumbent, churchwarden or church- 23 & 24 Vict. wardens of the parish, or other persons approved by tithe com
c. 93. missioners, 6 & 7 Will. 4, c. 71, s. 64), has possession of the sealed copy of any confirmed instrument of apportionment, any two justices for the county, &c. within which the lands are situate, upon the application of any person interested in the lands or rent-charge, and upon fourteen days' notice in writing of such application to the person in whose custody such copy is, may hear and determine such application ; 189--and upon hearing such application, the justices may order such copy to be removed from the custody of the person holding the same, and to be deposited in such other custody as they, having reference to the security and due preservation of such copy, and to the convenience of the parties interested therein, may think fit, -and may impose a fine, not exceeding 208. for each day that any such copy is retained contrary to the terms of such order, upon the person so retaining it,-and may make such further order concerning the notice to be given of such removal and deposit, and concerning the costs of such application, and the said fine, or of any opposition thereto, as they may think reasonable. [Forms of Notice, Complaint, Summons and Order, Oke's "Formulist,” 6th ed. pp. 963, 964.]
TOWNS IMPROVEMENT. 190 “ The Towns Improvement Clauses Act, 1847,” 10 & 11 Vict. 10 & 11 Vict. c. 34, the extent of which is shown in Note 450, Vol. I. pp. 768, c. 34. 769, provides for various matters being heard and determined before justices, viz. :
The mode of determining questions of compensation with regard to lands purchased or taken is to be the same as under 8 & 9 Vict. c. 18 (title “Lands Clauses Act,” ante, p. 1446) (10 & 11 Vict. c. 34, s. 19).
Corrections of errors and omissions in plans and schedule to special act, by two justices (s. 20).
Damage done to lands by reason of altering the levels of streets, &c., in case of dispute between commissioners and the owners or occupiers, to be determined in the same manner as questions of compensation for lands taken or purchased (s. 21).
189 This section being rather obscurely worded, it is recommended that the complaint should be made before the expiration of the notice, and that the summons should be returnable on the same day as the notice states the application will be made to the justices. Sce Reg. v. Sayers and Tharkuell, 3 Law T., N. S. 405.
190 The provisions of this act, 10 & 11 Vict. c. 34, are incorporated with the Local Government Act, 21 & 22 Vict. c. 98, by sect. 46 of the latter, and, therefore, the local board will be the commissioners in these districte.
10 & 11 Vict. Expenses of demolishing, &c. buildings, cellars, &c., made c. 34.
without the consent of the commissioners, to be recovered as damages (s. 31).
Expenses of altering buildings, &c. erected without notice, or contrary to the provisions of the act, to be recovered as damages (s. 40).
Expenses of repairing, altering, &c. drains, privies and cesspools, neglected to be done after notice to the owners, recoverable as damages (s. 44).
Expenses of altering drains, &c. constructed contrary to the directions of the commissioners, recoverable as damages (s. 46).
The commissioners are liable to be indicted, like inhabitants, for neglecting to repair their highways (s. 49).
Expenses of numbering houses, omitted to be done by occupiers, recoverable as damages (s. 65); commissioners to make compensation to owner for damage for setting houses back (s. 68).
Expenses of removing projections to houses, &c. not removed after notice, recoverable as damages (s. 69); commissioners to make compensation for damage by removal of projections (s. 70).
Expense of altering doors opening outwards, not altered after notice, recoverable as damages (s. 71).
Two justices may order ruinous or dangerous buildings to be taken down or secured, &c. by the owners, &c. (s. 75), and
any justice may issue his distress warrant for the expenses (s. 76); compensation for houses, &c. taken where owner cannot be found (s. 77). (Forms, Nos. 1–7, Oke's "Formulist," 6th ed. pp. 965 -966.]
Expenses of repairing dangerous buildings or holes near streets, recoverable as damages from the owner (s. 83).
Parties aggrieved by orders of commissioners, as to new levels or sewers, may appeal to quarter sessions, entering into a recog. nizance before a justice to try appeal (s. 86).
Expenses of removal of stagnant water in cellar, &c. recoverable from the occupier or owner as damages (s. 99.)
Expenses of whitewashing and purifying houses, not done after notice, recoverable from the occupier or owner as damages (s. 102).
Two justices may order certain nuisances and offensive trades to be abated (s. 104).
Expenses of altering public buildings, not approved of by the commissioners, to be recovered as provided with respect to ruinous or dangerous buildings (s. 110).
Justices may suspend licences for slaughtering-houses, in addition to penalty on conviction (s. 129).
Expenses incurred by the commissioners in executing private improvements for owners of buildings, recoverable as damages, or by action (s. 149, and see s. 150).
An appeal is given to ratepayers against rates, whose names are 10 & 11 Vict. inserted after rate is made to the justices at special sessions or quarter sessions (s. 180, and see s. 176).
Persons aggrieved by rates on the ground of inequality, unfairness, or incorrectness in the valuation of their premises, may appeal to the justices at the special sessions holden for the district after seven days' notice (s. 185), which provision is similar to that in the 6 & 7 Will. 4, c. 96 (ante, p. 1308, title “ Poor”), and see sects. 188-190.
The recovery of rates may be by distress warrant of any one justice (ss. 191—197). Form, No. 8, p. 966, Oke's “ Formulist," 6th ed.]
Recovery of Damages.] Damages are to be recovered as under the 8 & 9 Vict. 20, which is incorporated (s. 210), before justices, and not by action (Mayor of Blackburn v. Parkinson, 28 L. J. (N. S.) M. C. 7; 32 Law T. 91; Parkinson v. Muyor, &c. of Blackburn, 33 Law T. 132. See title “Railways,” ante.
TRADES UNIONS. “The Trade Union Act, 1871” (34 & 35 Vict. c. 31), intituled 34 & 35 Vict. “ An Act to amend the Law relating to Trades Unions” contains c. 31. the whole law upon the subject of trades unions. The offences in relation to trades unions are in Vol. I. pp. 776—778. Certain of these unions may now be registered with the registrar of friendly societies, the provisions of the act as to which we will give in extenso under the same divisions as in the statute :
I. Criminal Provisions.
I. Criminal Provisions. Trade Union not Criminal.] Sect. 2. “ The purposes of any Sect. 2. trade union 191 shall not, by reason merely that they are in
191 Definition of “ Trade Union.”'] By sect. 23, “the term 'trade Sect. 23. union ' means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business as would, if this act had not passed, have been deemed to have been an unlawful combination by reason of some one or inore of its purposes being in restraint of trade :--provided that this act shall not affect
1. Any agreement between partners as to their own business ;
to such employment;
business or of instruction in any profession, trade or handicraft."
34 & 35 Vict. restraint of trade, be deemed to be unlawful, so as to render any c. 31.
member of such trade union liable to criminal prosecution for con
spiracy or otherwise. Sect. 3. Trade Union not unlawful for Civil Purposes.] Sect. 3. “The
purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or
voidable any agreement or trust.” Sect. 4. Trade Union Contracts, when not enforceable.] Sect. 4. “Nothing
in this act shall enable any court to entertain any legal proceeding
concerning the conditions on which any members for the
goods, transact business, employ, or be employed : 2. Any agreement for the payment by any person of any sub
scription or penalty to a trade union: 3. Any agreement for the application of the funds of a trade
(a.) To provide benefits to members; or,
not a member of such trade union, in consideration
with the rules or resolutions of such trade union; or, (c.) To discharge any fine imposed upon any person by
sentence of a court of justice; or, 4. Any agreement made between one trade union and another;
5. Any bond to secure the performance of any of the above
mentioned agreements. But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful.”
Provisions of 18 & 19 Vict. c. 63; 30 & 31 Vict. c. 117; 25 & 26 Vict. c. 89, &c., not to apply to Trade Unions.] Sect. 5. “ The following acts, that is to say,(1.) “The Friendly Societies Acts, 1855 and 1858, and the acts
amending the same; (2.) The Industrial and Provident Societies Act, 1867,' and any
act amending the same; and (3.) “The Companies Acts, 1862 and 1867, shall not apply to any trade union, and the registration of any trade union under any of the said acts shall be void, and the deposit of the rules of any trade union made under “The Friendly Societies Acts, 1855 and 1858,' and the acts amending the same, before the passing of this act, shall cease to be of any effect.”
II. Registered Trade Unions. Registry of Trade Unions.] Sect. 6. " Any seven or more mem- 34 & 35 Vict. bers of a trade union may by subscribing their names to the rules c. 31. of the union, and otherwise complying with the provisions of this Sect. 6. act with respect to registry, register such trade union under this act, provided that if any one of the purposes of such trade union be unlawful such registration shall be void.”
Buildings for Trade Unions may be purchased or leased.] Sect. 7. Sect. 7. “It shall be lawful for any trade union registered under this act to purchase or take upon lease in the names of the trustees for the time being of such union any land not exceeding one acre, and to sell, exchange, mortgage, or let the same, and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mortgage, or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom ;--and for the purpose of this section every branch of a trade union shall be considered a distinct union.”
Property of the Trade Unions vested in Trustees.] Sect. 8. “All Sect. 8. real and personal estate whatsoever belonging to any trade union registered under this act shall be vested in the trustees for the time being of the trade union appointed as provided by this act, for the use and benefit of such trade union and the members thereof, and the real or personal estate of any branch of trade union shall be vested in the trustees of such branch, and be under the control of such trustees, their respective executors or administrators, according to their respective claims and interests, and upon the death or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland, which shall be transferred into the names of such new trustees ;—and in all actions, or suits, or indictments, or summary proceedings before any court of summary jurisdiction, touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such trade union, without
further description.” Actions, &c. by or against Trustees, &c.] Sect. 9. “ The trustees Sect. 9. of any trade union registered under this act, or any other officer of such trade union who may be authorized so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution, or complaint in any court of law or equity, touching or concerning the property, right, or claim to property of the trade union; and shall and may, in all