or intimida tion. Preventing certain times, every person so conspiring shall forfeit for the first offence 107., or be imprisoned for twenty days; for the second 201., or be pilloried; and for the third 407., or be pilloried, or lose an ear, and become infamous. Considerable change has, however, been made on this subject also, and the statute now in force (a) repealed all the laws against the combination of workmen, and simply provided against using Using threats threats or intimidation. The principal provisions of this statute are as follows :—If any person shall by violence to the person or property, or by threats, or by intimidation, or by molesting, or in any way obstructing another, force or endeavour to force any journeyman, manufacturer, workman, or other person hired or employed in any manufacture, trade, or business, to depart from his hiring, employment, or work, or to return his work before the same shall be finished; or prevent or endeavour to prevent any a journeyman from working. journeyman, &c., not being hired or employed, from hiring himself to, or from accepting work or employment from any person or persons; or if any person shall use or employ violence to the person or property of another, or threats or intimidation, or shall molest or in any way obstruct another for the purpose of forcing or inducing such person to belong to any club or association, or not having contributed, or having refused to contribute to any common fund, or to pay any fine or penalty, or on account of his not belonging to any particular club or association, or not having contributed, or having refused to contribute to any fund, or to pay any fine or penalty, or on account of his not having complied, or of his refusing to comply with rules, orders, resolutions, or regulations made to obtain an advance or to reduce the rate of wages, or to lessen or alter the hours of working, or to decrease or alter the quantity of work, or to regulate the mode of carrying on any manufacture, trade, or business, or the management thereof; or if any person shall by violence to the person or property of another, or by threats or intimidation, or by molesting, or in any way obstructing another, force or endeavour to force any manufacturer or person carrying on any trade or business, or to limit the number of his apprentices, or the number or description of his journeymen, workmen, or servants; every person so offending, or aiding, Using vio lence to the person and property of another. (a) 6 Geo. 4, c. 95. abetting, or assisting therein, being convicted thereof in manner hereinafter mentioned, shall be imprisoned only, or shall and may be imprisoned, and kept to hard labour, for any time not exceeding three calendar months. amongst lawful. This Act does not extend to subject any persons to punish- Consultation ment who meet together for the sole purpose of consulting upon workmen and determining the rate of wages or prices, which the persons present at such meeting, or any of them, shall require or demand for his or their work in any manufacture, trade, or business, or who shall enter into any agreement, verbal or written, amongst themselves for the purpose of fixing the rate of wages or prices which the parties entering into such agreement, or any of them, shall require or demand for his or their work, or the hours of time for which he or they will work in any manufacture, trade, or business; and persons so meeting for the purposes aforesaid, or entering into any such agreement as aforesaid, shall not be liable to any prosecution or penalty for so doing, any law or statute to the contrary notwithstanding. amongst lawful. Nor does this Act extend to subject any persons to punish- Agreement ment who shall meet together for the sole purpose of consulting employers upon and determining the rate of wages or prices which the persons present at such meeting, or any of them, shall pay to his or their journeymen or workmen for their work, or the hours of time of working in any manufacture, trade, or business, or who shall enter into any agreement, verbal or written, among themselves for the purpose of fixing the rate of wages or prices which the parties entering into such agreement, or any of them shall pay to his or their journeymen, workmen, or servants, for their work or the hours of time of working in any manufacture, trade, or business; and that persons so meeting for the purpose aforesaid, or entering into any such agreement as aforesaid, shall not be liable to any prosecution or penalty for so doing, any law or statute to the contrary notwithstanding. By the other sections of the statute, one justice of the peace is empowered to exercise the summary jurisdiction given by the Act, and other provisions are made as to witnesses, &c. Under this statute it is now lawful for any class of men to combine together for any purpose whatever. A hundred bricklayers, or a hundred tailors, may combine not to work for less than a certain remuneration, or not to work more than a certain Difficulties of proving coercion. number of hours daily, and they are quite free to do so, provided they do not coerce any one to join their combination, or do not interfere with those who are content to work on lower terms. It is difficult, however, to discover coercion. When there is an actual assault, or the threat of violence, the matter is clear; but a formidable combination spreads terror without actually inflicting or threatening violence, by a tacit understanding that it will be inflicted if needful. It was proved, for instance, during the great strike by the London Building Workmen in 1859-1860, that a workman coming from the country to fulfil an engagement was met at the station where he arrived by a deputation of the Unionists, who accompanied him to a tavern, and never lost sight of him until they made him one of their body. There was no doubt that such a person was intimidated, yet no conviction could be obtained, because it might have been difficult to prove that he did not yield to moral persuasion. The law is founded on the clear and intelligible basis of allowing the fullest liberty of association, provided no coercion be used towards others to induce them to join the number. A hire must be for a limited, and not an un limited time. Combination laws. FOREIGN LAWS. France.-A hire of services can only be made for a time, or for a specific enterprise. The master is believed on his own affirmation for the amount of wages, for the payment of wages for the year before, and for the accounts given for the current year (a). These are the only provisions in the Civil Code on this subject. But many other regulations of a local nature and of police are in force relating to workmen. Thus an old edict provides that if a workman leaves the manufacture where he was working, without express leave and in writing, he is liable to a fine of 100 frs., and the master who receives him to a fine of 300 frs. The Penal Code provides against combination of workmen as follows:-Every combination between employers of workmen for the purpose of unjustly lowering the wages, followed by an attempt to carry out the engagement, shall be punished by imprisonment of from six days to one month, and by a fine of from 200 frs. to 3000 frs. Every combination on the part of the workmen for the purpose of causing the simultaneous cessation (a) French Civil Code, §§ 1780, 1781. of labour, or the prevention of labour in a factory, or to hinder workmen from going to their work, and to remain there before or after certain hours, and in general to suspend or hinder labour or increase the value of it, will be punished by imprisonment of not less than one month and not exceeding three months. The chiefs or leaders will be punished by imprisonment of from two to five years. The same penalties are also awarded to workmen who shall have pronounced any fines, prohibition, &c., whether against the managers of workshops or heads of factories. In such cases the chiefs or leaders of the crime may, after the expiration of this penalty, be put under the inspection of the police for not less than two years and not exceeding five years (a). Disputes between masters and workmen are settled by special courts called "Councils of Prudhommes," which are instituted in the places where such are necessary. Such councils are also charged to give evidence upon complaints made before them, concerning the contraventions of the laws and regulations upon trade marks, robberies committed by labourers, &c. Each council of prudhommes keeps consequently an exact register of the number of factories in existence, and of the number of workmen employed in the manufactories of the district. The mode of election and jurisdiction of the Councils de Prudhommes will be considered in connection with the courts for the administration of commercial law. (a) Penal Code of France, § 414. CHAPTER VIII. INTRODUC- STATUTORY LAW ON JOINT STOCK COMPANIES. As anticipated in the former portion of this work the law on Joint Stock Companies was amended and consolidated by an Act passed in the session of 1862, for the incorporation, regulation, and winding up of trading companies and other associations (a). No substantial innovations are introduced in it. The permission to form companies with limited or unlimited liability is now extended to companies for all purposes, including insurance, and the liability may be limited by guarantee as well as by shares. This Act repealed the following acts in force on Joint Stock Companies: An Act passed by the Parliament of Ireland to promote trade and manufactures by regulating and encouraging partnerships which allowed the formation of companies with limited liability (b); three Acts passed in 1844, for the registration and winding up of Joint Stock Companies, and to regulate Joint Stock Banks in England (c); the Act passed in 1845, for the winding up of insolvent Joint Stock Companies in Ireland; the two Acts passed in 1846 for the dissolution of Railway Companies, and for the regulation of Joint Stock Banks (); the Act of 1847, authorising Joint Stock Companies to obtain licences for the holding of land (e); the Winding-up Acts of 1848 and 1849 (ƒ); the whole of the Joint Stock Companies Acts of 1856 and 1857 (g); and the Acts of 1858, which incorporated the Law on Banking Companies with that of other Joint Stock Companies, and allowed banking companies (a) 25 & 26 Vict. c. 89. (b) 21 & 22 Geo. 3, c. 46. (c) 7 & 8 Vict. c. 110; 7 & 8 Viet. c. 111; and 7 & 8 Vict. c. 113. (d) 9 & 10 Vict. c. 28; and 9 & 10 Vict. c. 75. (e) 10 & 11 Vict. c. 78. (f) 11 & 12 Vict. c. 45; 12 & 13 Vict. c. 108. (g) 19 & 20 Vict. c. 47; 20 & 21 Vict. c. 14; 20 & 21 Vict. c. 49; 20 & 21 Vict. c. 78; 20 & 21 Vict. c. 80. |