OUR NEW LAWS.

Dominion, Volume 2, Issue 326, 13 October 1908, Page 9

OUR NEW LAWS.

PRINCIPAL ACTS OF THE SESSION. AS FINALLY PASSED. THEIR LEADING PROVISIONS. Seeing that a hundred new statutes were 'enacted hy Parliament during the session 'that has just closed, and seeing that ignorance of tho law is no excuse, it seems fitting to give tho public an indication of the loading provisions of such of tho new laws as may affect them most vitally. More than that can lurdly be attempted in a newspaper. . Ther passage of tho measures and the amendments made in them by tho two Houses of Parliament have been adequately recorded, but summaries of the new laws in the form in which they go upon tho statute book will bo of general interest. THE ARBITRATION ACT. IMPORTANT NEW PROVISIONS. The Industrial Conciliation and Arbitration Amendment Act will come into force on January 1, 1009. , Any - strike or lock-out, if an award or industrial agreement is in force, is mado an offence punishable in the same manner as a breach of award, that is to say, by civil action and civil process only, without imprisonment. , Certain specified industries are, however, in an exceptional manner. These industries are the supply of gas, electricity, water, milk, meat; coal, and the working of " ferries, tramways, and railways. In these industries it is made an offence punishable, by fine .and imprisonment to strike without giving at least 14 days' notice to tho employer, and every offender is liable on summary conviction before a Magistrate to a fine, not exceeding £25. Lock-outs in these industries are .on a similar footing, the maximum fine being £500. In other industries each striker is liable to a fine not exceeding £10,. and every employer, who 1 is a party to a lock-out may be fined up to £500. No worker shall be .liable to more than one penalty for any strike or lock-out, notwithstanding its continuance. To incite, instigate, aid or abet is punishable with a maximum fine of £10' for a worker, and £200 for a union, association, or employer. .1

A union convicted of instigating a strike . may have its registration suspended for two years, and in tho meantime its members lose the benefit of all awards. - Enforcement of Awards. The maximum, penalty for a breach of an award, is £100' for a union, association, or employer, and £5 for ii worker. These penalties aro recoverable by action in a Magistrate's Court, or the Court of Arbitration. The possibility of imprisonment' for refusal to pay is eliminated. Any penalty so imposed upon a worker may bo deducted by. instalments from wages subsequently earned by him. Conciliation. Conciliation Boards aro abolished. No dispute can be referred to tho Court until it has been first referred to a Council of Conciliation, consisting of a Commissioner, appointed for three years by the Governor, and two, four, or six assessors nominated in equal numbers by the parties to the dispute. The assessors must be engaged in , the industry, saving that one on either side may, with the approval of the Commissioner, be a person not so engaged. The Commissioner has only a casting vote, and that only in matters* other than the making ,of a recommendation. ' • It is the duty of the .Council, deavour to bring about a settlement of the dispute. If it fails to do so,, it shall not earlier than one month, or later than two months, after the date fixed for the hearing of the dispute notify the Clerk of Awards', i.but the Council may, before forwarding .'this notification, make a recommendation for a sottlement. Tho Council must be. unanimous in the matter, and its recommendation has no binding force, operating merely as a suggestion for amicablo settlement, and as a public notification of the opinion of tho Council as to tho merits of tho dispute. Tho Council is not to sit as a formal; tribunal, or ' to hear evidence in a . formal manner or hear addresses, except so 1 far as it thinks it advisable so to do.

Membership of Unions. Not fewer than three employers may form an industrial association, and the minimum number of workers who may form a now union is raised from seven to fifteen. The. voting-power of unions in nominating members of the Arbitration Court is to be proportionate to their, membership. A union having not more than fifty members has one vote', and a union having more than fifty members has one vote for every complete fifty. ■ The Flax Industry. The Court may amend the provisions of'an award in tho flax industry, where such amendment is deemed necessary .or advisablo by reasoivof any alteration of the circumstances in which tho award was made, or in the matters to which it relates. The Court in such cases has to satisfy itself .that a substantial number of tho workers and employers desire the award to be reviewed. Victimisation. An employer who dismissos a worker merely because he is an officer or a member of a union, or has. acted as an assessor on a Council, of Conciliation, or has represented his union in negotiations with the employer, or -is entitled 'to the benefit of an award, is liable to a penalty not exceeding £25. If the worker, immediately before his dismissal, has been an officer of the union, an assessor, or a representative at a conference, the onus of proof lies on the employer. If a worker accepts for three months lower wages than thoso to which ho is entitled under an award, ho cannot then recover the difference. Increa&ad Powers of the Court. The Court in making an award -may fix o limit to the age of apprentices. Jurisdiption is given,to tho Court to extend an industrial agreement to bind a dissenting minority of employers. Tho Court may, for any reason, refuse to make an award. Awards and industrial agreements apply only to workers employed for tho pecuniary gain of the employer, but this does not exempt any local authority or body corporato. If legislation inconsistent with any award is passed, the award will nevertheless continue in force until the expiration of the period for which it was made. It will then be deemed to be modified in accordance with ihe law then in force.

SECOND BALLOT ACT. i NEW SYSTEM OF ELECTION. A candidate at a general election will now require to poll a majority of votes greater than one half of the total recorded. If this number is liot obtained a second ballot must take place'between tho two candidates scoring the heaviost. In the following districts tho second ballot (provided the absolute majority is not secured) will be. held fourteen days after the firi;t:—Bay. of Islands, Bay of Plenty, Kaipara. Marsdcn, Motuoka, Taumarunui, Taurangci, Wakatipu, "Wallace, Westland. In :t!l other electorates tho second ballot be held seven days after the first. 'J'!: ■ period' is calculated from the close of tlif, 'irst poll. X...candidate can withdraw from tho second ballot. i\<; candidate can incur an expense at tho second ballot greater than £50. Tho expenses ore to be paid by the country. LEGISLATION FOR WELLINGTON. THE PATENT SLIP. The Bill which was introduced early in the session on behalf of the Wellington Harbour Board was split into two, and both were passed.

Tho Wellington Harbour Board Empowering Act (private Act) enables tho board to purchase the assets of tho Patont Slip Company in terms of an agreement already entered into betweon tho partios, and to purchase, or take under the Public Works Act, certain lands at Evans Bay. Tho compensation pa.vablo is not to be affected by tho works of tho board. The board may construct streets on tho land acquired, and may buy, sell, or exchange land. Land for Reclamation. The Wellington Harbour Board Reclamation and Empowering Act (No. 2) is technically described as a local Act. It vests in tho board four areas of land, containing respectively 12S acres, 28 acres, 69 acres, and 245 acres, all of which are a portion of tho bed of the harbour in Evans Bay, and empowers the board to reclaim thoso lands, and mako streets thereon. The reclaimed lands will not bo liable for rates as long as they remain tho property of tho board, and are not let or leased. In connection with this work the Harbour Board and the Borough of Miramar are empowered to carry out an agreement mado by them on September 21, 1908. The boat shed site of 1 acre 4.3 perches at Clyde Quay is also vested in tho board. Borrowing Powors. Tho board is empowered to borrow a million sterling for tho following purposes or such of them as the board may think fit: (IV Tho purchase or acquisition of any lands, buildings, machinery, plant, or assets authorised to be purchased or acquired by any Act of Parliament. . (2) The construction and equipment of patinstallation of workshops, plant, and machinery in connection with graving docks and slips. , (4) The reclamation of any lands which the board is or may bo authorised to reclaim, including tho purchase of all lands necessary in the opinion of the board for such reclamation either for spoil purposes or for purposes of providing access to or road frontages for such reclamations, including tho cost of retaining walls, the construction of sowers and watercourses, and of streets. (5) Dredging, and tho purchase, lure, and maintenance of dredging appliances, and other expenditure connected therewith. (6) The construction of quays and quaywalls, pitched slopes, and works of a like nature. ... , (7) The extension of oxisting wharves and stores, and tho construction of new wharves, jetties, sheds, offices, and stores, and of cranes and of other machinery, plant, and appliances. (8) Other harbour works. (9) The expenses of the flotation of the loan, or any portion thereof.

Tho City. ' Tho Wellington City Empowering Act gives tho City Corporation extended powers for tile purpose of widening, .diverting, and extending streets and ma.king new streets. These powers include tho ( taking of land, the raising of loans without a poll, selling or leasing surplus lands, and taking over private streets. Tho rents of the lands leased must' be applied to paying interest and sinking fund ou the loans, and the proceeds of sales to the payment of liabilities incurred in purchases for street-widening purposes. In lieu of compensation for land taken, the council may grant the owner an interest in any part of lands taken for streetwidening or extension. Suburban Drainage. The extension of the Melrose district drainago system to other parts' of the city is authorised, and in this connection those parts of the boroughs of Karori and Onslow which have been taken into tho city are to bo subject to the special rate of Id. in the £ for the payment of interest, ctc., on the £100,000 loan which was authorised by a poll of tho Melrose ratepayers in October, 1907. This loan may be used for constructing a drainage'.'system 'for :ithe additional areas mentioned above, and a.lso for an area of 8 . acres 3 roods on which tho Athletic Park is situated.

The Town Bolt. The Wellington (City) Town Belt Reserves Act is for tho purpose of facilitating the use and improvement of parts of the Town Belt for ga,mes and sports. It gives the City Council the same powers over tho Belt as arc usually exorcised by trustees of public domains, but without limiting tho powers of leasing previously vested in tho council. Lessees may charge, for admission on ten days in tho year, but may not charge more than Is. for adults and 6d. for children. An extra - charge, may be made for admission to a stand. On other days the public will have access to all parts of tho land not actually laid out as playing grounds or occupied by buildings. ' ■ Not more than 100 acres in all shall be leased under the Act. The Mental Hospitals Reserves Act empowers tho Government to transfer to the Wellington Hospital Trustees 9 acres 2 roods 9.6 perches of the asylum reserve at ■ Mount View, and authorises "the trustees to give in exchange an area of 2 roods 17.32 porches having a frontage of 401.5, links to Rovans Street. Tho land thus acquired by tho Crown will be reserved as an endowment for the support of mental hospitals.