30II.G BSGc A A ^^^=c 33 1 O 4 5 2 THE LAND UNION 15, LOWER GROSYENOR PLACE LONDON, S:W.l THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES CORN PRODUCTION ACT, 1917 [7 and 8 Cieo. 5, Ch. 4G] WITH EXPLANATORY MEMORANDUM BY C_CROFTON BLACK, B.A. (caniab. of the Middle Tenrpie, Barrister-at-Law Assistant and Legal Secretary to the Land Union THE LAND UNION 13. LOWER GROSVENOR PLACE LONDOiN, S.W.I PRICE FOUR SHILLINGS 1917 ►t^^ HD 'ion. U PREFACE w This Memorandum in no way claims to be an »— . . . ^exhaustive legal and technical explanation of the Corn >- Production Act, nor does it deal with questions of ^ policy. £2 — • The whole object of the Memorandum has been to set out in simple language the provisions of the Act as it now appears upon the Statute Book, and as such Act o introduces a novel system in agriculture, and as its 92 meaning is sometimes a little difficult to understand, ^it is hoped that these notes may be of some slight cj assistance to the farmers, landowners, estate agents, lu ... Oand others now called upon to carry out its provisions. Much of the administration of the Act will be done by Regulations not yet issued, but should the present c3 notes assist in the interpretation of the Statute, the SAuthor, although fully aware of the deficiency of his ^work, will feel that it has not been done in vain. :s C. C. B. Ocloher, 1917. 38683 GENERAL INDEX. PAGE. Memorandum . . . . . . .... 9 Corn Production Act . . . . .... . . 47 Agricultural Holdings Act, 1908. ►Second Schedule. . 72 Official Memorandum on Wages . by Board oi Agriculture and Fisheries . . . . . . 75 NOTE. The numbers in the margin of the Memorandum refer to the Sections in the Corn Production Act. INDEX TO MEMORANDUM. ■ ^ • Page Able-bodied Mek — .. .. .. ., .. .. 14 Entitled to minimum wage from coramencemcnt of Act 15 Can sue for arrears by civil action . . . . . . 16 Entitled to minimum wage equivalent to 25s. jxt week 20 Position as regards piece work .. .. .. .. 18 Wages Board must fix a minimum rate of wages enabling him and family to live comfortably . . . . . . 20 Position of able-bodied men not considered so by employer 18 Position of able-bodied men in private gardens . . . . 14 All able-bodied men in every branch of agriculture included . . . . . . . . . . . . . . 14, 37 Act — Agricultural Holdings — Second Schedule . . . . . . . . . . 72 Arbitration under 7, 21, 25, 28, 34 Scotland 34, 39 Corn Production . . . . . . . . . . . . 47 Date of commencement of . . . . . . . . 9 Period of continuation of . . . . . . . . 9 Postponement of Part IV, of 0, 24 Corn Returns . . . . . . . . . . . . 10 Defence of the Realm . . . . . . . . 24, 28, 32 Land Law (Ireland) . . . . . . . . . . 34, 41 Small Landowners Scotland . . . . . . . . 39, 40 Trades Board . . . . . . . . . . . . 43 Agriculture, Definition of . . . . . . . . 14, 24, 37 Agricultural Rents, Restrictions on raising . . . . . . 21 Agricultural Wages Boards — Established by Board of Agriculture and Fish* Methods of appointment Will fix minimum rate of wages for time work May fix minimum raft's for piece work . . May act for workmen Appeal against order as to cultivation for compensation Board of Agricultltie and Fisheries — Will pay bonus on cor.i To publish average prices . . Can adjust amount of bonus payable Have powers to withhold bonus Determine claims for bonus payments Can serve notices demanding returns as to cultivation Can serve notices demanding name of owner of land 43 43 19 19 20. 45 25, 28 27, 28 10 11 11 12 12 13 13 3G . 21. 34 24 25 25 26 Index — {contint'ed). Board of Agriculture and Fisheries — • Paoe Can inspect land . . . . . . . . . . . . 13 May appoint officers to investigate wages question and ask for wages sheets Can appoint arbitrators to decide rent questions Can i; sue notices as to methods of cultivation May determine tenancies May enter into occupation to cultivate May adjust conditions of tenancy by order To make record of condition of land entered upon . . 26 Can let land entered upon after notice to owner . . 26 Cannot let part of land entered upon without owner's consent . . . . . . . . . . .... 26 Notice issued by Board susijcnding conditions of tenancy a defence to any action . . . . . . . . 26 To withdraw from occupation as soon as possible, if required by owner . . . . . . . . . . 26 When not required to withdraw by owner must give not less than three months' notice . . . . . . 27 Can recover value of all acts of cultivation done by Board *. 27 After withdrawal land still subject to tenancy created by Board . . . . . . . . . . . . 27 Board when in possession to meet outgoings . . . . 29 Orders issued by Board subject to appeal . . 2r>, 28, 30 Compensation to be paid for Board's action . . . . 28 Can d(^legate powers . . . . . . . . . . 32 May authorise killing of rabbits and vermin . . . . 33 May recover from occupier net cost of destroying rabbits and vermin . . . . . . . . . . . . 33 If Board's representative obstructed, liability to ^lenalty 33 May in Scotland deem tenant of shootings to be occupier 33 In Scotland Sheriff Principal acts for Board in certain cases . . . . . . . . . . . . . . 34 In Ireland Irish Land Commission acts in certain cases 34 In Ireland Department of Agriculture and Technical Instruction Acts for Board . . . . . . . . 41 Can make reguh tions generally . . . . . . ... 35 As to bonus payments . . . . . . . . 35 As to benefits to be calculated in minimum wage rates . . . . . . . . . . . . 35 As to definitions of overtime . . . . . . 35 Memorandum already issued by Board . . . . . . 75 Regulations issued by Board to be laid before Parliament 35 Regulations issued by Board may be annulled . . . . 35 Exj>enses incurred by Board to be met out of State Funds 36 Notices by Board to te served personally or by registered post . . . . . . . . . . . . . . 38 In Scotland Board of Agriculture and Fisheries for Scotland Acts . . . . . . . . . . . . 39 •In consulta^tion with Minister of Labour appoint Agricul- tural Wages Boards . . . . . . ■ ■ • • 43 May appoint members of Agricultural Wages Boards . . 43 Numlx-r of appointed members to Agricultural Wages Board not to exceed one-fourth . . . . ■ ■ 43 May appoint Chairman and Secretary of Agricultural Wages Board . . . . . . . . . . . • 43 May make regulations as to procedure of Agricultural Wages Board . . . . . . . . . . ■ . 44 May appoint District Wages Commiltees .. .. 44 Index — {cotfiinued). V\(:r. Board of Agriculture and Fisheries — ( )ffici-rs of Board can take proceedings . . . . . . 45 Officer appointed liy Board may act as Counsel, Solicitor or Law Agent . . . . . . . . . . . . 4"» Committees — War Agricultural Committee Dii?trict Wages Committee . . Sub-Committees of District Wages Committee Agricultural Wages Committees in Scotland Compensation to be paid C-ontracting out of Act illegal . . lis 32 44 xr, 4<) ■2H 15 Costs — Of making report as to condition of lard on entry by Board of Agiiculture and Fisheries . . . . . . 2() Ircurred by Board of Agriculture and Fisheries to In- defrayed by Parliament . . . . . . . . 3t) Cottages, allowai ce for, in fixing minimum wage ratts. . 16. 20 Corn Production Act, text of . . . . . . . . 47 <^!t:LTiVATio>, Powers to P^nforce . . . . . . . . 24 In Scotland . . . . . . . . . . . . . . 39 In Ireland . . . . . . . . . . . . . . 47 Definition of . . . . . . . . . . . . . . 37 Compensation for loss on enforced methods . . . . 28 If negligent, payments of bonus may be withheld . . 12 Under Defence of the Realm Regulations . . . . 24 War Agricultural Committees may give orders . . . . 32 Interference by rabbits and vermin to be prevented . . 33 Board of Agriculture entitled to recover value of their cultivation . . . . . . . . . . . . 27 Date of commencement of Act . . . . . . . . . . S> Defence of the Realm Regulations . . . . . . . . 24, 28 Definitions in Act . . . . . . . . . . . . . . 37 Destruction of crops b\' rabbits and vermin . . . . . . 33 Determination of tenancy by Board of Agriculture . . . . 2.") Directions as to fixing minimum rate of wages . . . . U) Draft of Contract of Tenancy where Board of Agricultur lets land to be sent to owner. . Employers' liability to pay mininmm rates of wages. . To able-bodied men To non-able-bodied workmeji To boys, women and girls . . Pi'osecution of employers .. .. .. 16. 1' Employment, Definition of Five parts in Act Fraudulent returns and statements House of Lords debates . . Imprisonment for certain offences Interest on capital repairs not rent . . Ireland. Proviso as to . . . . . . . . 34. Lords, House of, debates Market gardens included in scoiJe of Act Minimum price for fixing Ixinus Minimum wage For able-bodied men For women, boys and girl> . . For non-able-bodied workmen Fixed for piece work 26 14 16 17 17 !6, 45 38 9 13 36 14, 20 13, 36 21 -n, 45. 46 14. 29 Kt. 11 14 14. IS. 20 14. 17. IS 17. IS 13 Index — {coiitinued). Minimum Wage- Retrospective effects of In Ireland Penalty for non-payment of General directions as to fixing and notification of May be cancelled or varied . . Notice to be in writing — For arbitration under Part III. To be served personally or by registered post . . When served on tenant similar notice to be served on landlord . . Nursery grounds included in scope of Act Objection to tenancy created by Board of Agriculture can be made . . Orchards included in scope of Act Osiei -lands included in sco]x> of Act . . Parliament may annul regulations which must be laid before House May extend ojieration of Act Postponement of operation of Part IV. Powers to enforce proper cultivation . . Of inspection by Board of Agriculture . . President of Surveyors' Institution nominates arbitrate r in certain cases President of Surveyors' Institution nominates person to make record Quarter, Definition of Basis for ascertainment of bonus due to farmer Rabbits and vermin to be destroyed Refusal to make returns and penalty . . Regulations under Act . . . . . . . . . . 12 Rents not to be raised in certain cases Returns to be made Schedules three in number . . . . . . . . 9, Scotland, Proviso as to . . . . . . . . . . 33, Vermin and rabbits to be destroyed Wages, Minimum, rates to be fixed Sheets to be produced for inspection by Board of Agri culture War Agricultural Committees may act Woodlands included in scope of Act Workmen, Notes as to . . Page 11 45 15 19 20 21 38 29 37 26 37 37 35 9 9, 24 24 13 25, 28 26 11. 38 10 33 13 25, 35 21 13, 36 43, 46 34. 46 33 14 36 32, 33 37 14, 38 CORiN PRODUCTION ACT, 1917. 7 & 8 (ieo. 3, Ch. 46. Explanatory Memoraxdtm . This Act came into operation on the 21st August, 1917, Date of com - except as regards Part IV. {i.e., the part which refers to mencement jjowers of enforcing cultivation). The operation of this of Act. Part is postponed until 21st August, 1918, or the determin- ^' ^^' ^•'^* -• ation of the war, whichever may be the earlier. s. 11, ss. .3. The Act \\dll continue in force for five years from the Period of date of its passing, that is, until the year 1922, unless Continua- Parliament makes provision for its continuation, but the \'°"- ^ expiration does not affect the right to any payments under ' ' ' ^^' "' Part I. of this Act in respect of wheat and oats of that year or any previous year, or any rights, privileges, obliga- tions, or liabilities acquired under this Act before the date of the expiration thereof, or any penalty, forfeiture, or punishment incurred in respect of any offence committed under this Act before that date, or after that date if in respect of any statement or representation made in con- nection with a claim under the Act. The Act itself is divided into five Parts and three Act is Schedules, which deal with the following matters :— -ment of a special character, and so as to vary according as tlie employment is for a day, week, or month, or other period, or according to the number of working hours or the conditions of the employ- ment, or so as to provide a different rate in the case of overtime. This proviso applies to both time and piece- work rates. In dealing with this question of wages, it will perhaps be well to take the various classes separately. ments to Workmen. S. 4, 68, : Ih Pro virions a' to ftblo- bodicd mer . S. 4, ss. 9, 2. Board of Agriculture and Fisheries may appoint oflBcers to investigate wages questions. S. U. 18.1, 2. Ahle-Bodikd Mex. As rogards able-bodied men, these men are entitled to whatever minimum rate may be fixed for the particular work they are doing when such rate is fixed by the Wages Board, and further for the period from the date of the passing of the Act (August 21st, 1917) up to the time when the minimum rate is fixed, the workman may sue his employer for the difference between the sum he has been paid and the minimum rate ultimately fixed by the Wages Board for his ])articular work, and such action would take place in a cixnl comt. If, however, as already stated, it can be shown by the employer that the wages paid to the able- bodied man are equivalent to wages for an ordinary day's work at the rate of 25s.* a week, the workman cannot i-ecover, and the action must be commenced by the work- man within three months after the minimum rate has been fixed. It seems clear, however, that an employer who employs an able-bodied man after the date of the passing of the Act, that is August 21st, 1917, cannot be liable for a criminal prosecution if he is paying such a man less than 25s. a week, that is, for the period between August 21st, the date of the passing of the Act and the date of the fixing by the Agri- cultural Wages Board of the minimum rate of wages for such man, but an able-bodied man could by civil action recover as arrear.s due to him the difference between the sum he actually received during this period and the equiva- lent of 25s. per week. It is therefore most important that employers should provide for all able-bodied males in their employ a wage equivalent to 25s. a week, and this from the 21st August, 1917, the date of the passing of this Act, other- wise they are liable to legal proceedings under the Act. After the minimum rate has been fixed by the Wages Board the employer, as above stated, is liable to criminal prosecution if he does not pay to the man the minimum wage which the Wages Board has decided upon, even if this rate is above 25s. per week. The Board of Agriculture and Fisheries may appoint ofl&cers to investigate complaints as to payment of wages, and may require wages sheets to be produced, and informa- tion to be given by employers, subject to penalties. See page 36. * Ti.is 25/- por week do'S not necessarily represent 25/- cash. Allowances for cottages, benefits and advantages w.ll be taken into consideration. S. 12, 1 (b.) see page 20 of th s Memorandum. 17 men, Woino-n. Bovs and Girls. non-able- hodicd Work- men. S. 5, ss. ;». nox-able-bodied workmex, axd womex, boys, axo Girls. As regards non-able-bodied workmen, women, boys and Position of girls, there appears in the Act to be no right on the part of '■^"/J-^'V'^r . these people to claim for any wages in excess of the sum which they were receiving between the date of the passing of the Act and the fixing of the rate for this class by the Wages Board, even if such sum is less than 25s. per week, so the employer would run no risk of criminal prosecution or of a civil action until the Wages Board has actually decided what sum he should pay to these classes of workmen, and the employer and such workmen appear free to make whatever bargain they may desire. Moreover, non-able-bodied workmen can obtain a permit, P^^rmi^ts for probably from the Sub-Committees to be appointed in the various districts (as afterwards mentioned on page 45 of this Memorandum), and a man holding this permit vnW be free to contract with the employer for work at a sum notified therein. It is important that these permits should be obtained as soon as possible. After the fixing by the Wages Boards of the minimum Enirilo^'era rate applicable to women, girls and boys, and to non-able- liable to pay bodied workmen as specified in the permit, an employer ^Iin'mum will be liable to a criminal prosecution unless he pays the •\Yorknien minimum rate which the Wages Board have determined other thm upon for the particular case. able-bodied. It is important, however, that all employers of non-able- Position bodied men should carefully consider the note on this class of men of workmen set out on the following page, and if the man, although considered non-able-bodied by the employer has not a permit to accept a lower wage than the equivalen^ of 25s. a week, and is in fact receiving less than this sum. then the employer should as soon as possible obtain official information as to his liabilit}' under the Corn Production Act. sib33quently declared :^b!e-bodied. Sr.MMARY.* To sum up, therefore, the position appears to be as Able-bodied follows : — men. An able-bodied man is entitled to a minimum wage of 25s. a week from the date of the passing of the Act to the date when the Wages Board have fixed the minimum rate * See a'so OflScial Memorandum issued by Board of Agriculture and Fi^h.rles on page 75. 18 of wage for liiin, whicli. of coiuse, may he in excess of thi^ sum of 25s. if the employer has not been ])aying the full sum of 25s. for this class of man for this period, although not liable to criminal ])rosecution lie is liable to a civil action for the difference between the rate he has been ])aving the able-bodied man and 25s. a week. After the minimum rate for able-bodied men has been fixed by the Wages Board he must j)ay the sum specified. A non-able-bodied workman, from 21st August. 1917, to the fixing of minimum rates by a Wages Board, can contract for whatever wages he and the employer may agTee, and even if they are less than the minimum rate afterwards fixed by the Wages Board for this class the employer cannot be prosecuted criminally for having paid a less sum than the sum at Avhich this rate is fixed l>y the Board, nor can the workmen successfully undei"take a civil action against the employer. After the minimum rate has been fixed for non-able-bodied workmen, the employer must pay this mininnmi rate, unless the workman has a permit. Eojs, women [[\^q ])Osition of all boys, women and girls appears to be the and girls. same as that of non-able-bodied workmen. Non-ablo- liodicd wort- mcn. Non-ablc- Jiodied men eubsequently declared able-bodied. There is, however, one point under the Act that presents difficulty, and that is the position of a man who, in th« opinion of the employer, is non-able-bodied, but who is foT;nd by the Wages Board afterwards to be an able-bodied man. In this case it is submitted that as soon as the man has been found to be an able-bodied man by the Wages Board, the employer at once becomes liable as from the date of the passing of the Act to the date of the decision of the Board, for the diti'erence between the wages which he was in fact ]iaying and 25s. a week, and the man could by civil action against the employer obtain these arrears due to him. The Act shall Any minimum rates fixed under the Acts will be without not projiidict' prejudice to the pavment bv agreement entered into, or .xisting agree- (.^^g^om existing before 21st August, 1917, of rates higher ments at rates ,, ^i • • o ' o higher than f 'I'l'^l ^'"^ minimum, the minimum. S. 5, 6S. 8. Workmen and Piece Work. P.ece-^vork III en. The foregoing remarks apply to workmen engaged on time work. It is now proposed to deal as briefly as possible with those who are engaged on j)iece work, and it is submitted that in dealing Avith this question of piece work the greatest 19 difl&culties and complications under this part of tlie Act will arise, and until full regulations have been issued by the Board of Agriculture and Fisheries on this point anv observations must be made with considerable reserv'c Under the Act, although the Wages Boards are conqx-lh-d Wagps Board to fix rates for time work, there appear to be disc^etionar^' "1'''^ ^^ powers as to whether the Board shall or shall not fix wages nvtes^^^^ for piece work. Reference is also made to the remarks ^ r „ 90 on time-work rates set out above, for information as to ' ' '"'"'' overtime, employment under special conditions, the work of special classes of workmen, and such like matters. Where no minimum piece-work rate has been fixed the p,ece-work workman employed on such piece work, or any person men may authorised by him. may complain to the Agricultural ^""iplajn ''^ Wages Board (for constitution of this Board, see page 43 of J.arnings " this Memorandum), and if the piece rate of wages paid ^ g to him is at such a rate that he has obtained a less amount than if his wages had been fixed on the mininmni time- work rate basis, the Committee may ask that the employer shall }»ay the workman an additional sum by way of wages for the piece work done by him at piece rates so as to make the same equal to the amount he would have earned if done at the minimum time-work rates, provided the work has been done at any time within fourteen da3"s before the date of complaint or at any time after the date of complaint and before the decision of the Committee, and any sum so awarded to the workman by the Committee can be recoverable as a civil debt. This proviso applies to workmen generally, whether proviso able-bodied or not, and whether men, boys, women or girls, applies to njl wuik- General Directions as to Fixixci ]\IixnirM Hates. Before fixing any minimum rate of wages, the Agricul- tural Wages Board shall give notice of the rate which thev propose to fix, considering any objection to the rate which may be lodged with them within one month. The Board shall give notice of any minimum rate fixed to the i)ersons affected by the rate — which no doubt means employers and employees. How vbis will be done will ultimately appear in the Regulations, but probably in the first instance the minimum rates for the district wUl be advertised on public buildings and in the Press, and the farmers themselves and the employees will be individually informed of the sum at which the minimum rate has been fixed, by the District Wages Committees. (See page 44.) \V:igcs Board to srive notice 01 iiiir.imuin rates. S. 5. fs. i. 20 Wages Board may cancel or varj- minimum rates. S. 5, o. Directions to Wages Boards as to fixing rates. S. 5, ss. 6. Able-bodied men to receive not less than twenty-five shillings weekly. S. 5, ss. 7. Assessing allowances for cottages and other benefits. S. 12,ss. 1(b). Wages Board may act ior workmen. S. 7. The Agricultural Wages Board may also cancel or A-aiy any minimum rate fixed by them and are bound to recon- sider the rate if the Board of Agriculture and Fisheries ask them to do so, but where a rate has been cancelled or varied it will be necessary for tiieni to give notice of what has been done. The method of fixing the rates by the Agricultural Wages Boards is dealt with in Chapter 13 of this Memo- randum, for the benefit of those who wish for more detailed information as to how Wages Boards and District Com- mittees are constituted and how they propose to carry out their work. In fixing the minimum rate of wages, the Agricultural Wages Board shall, so far as is practicable, secure for able- bodied men wages which in the opinion of the Board are sufficient to promote efficiency and enable a man in ordinary cases to maintain himself and family in accordance with such standard of comfort as may be reasonable in relation to the nature of his occupation. It is also the duty of the Agricultural Wages Board, when fixing minimum rates for time work, to secure for able-bodied men wages which in their opinion are equi- valent to wages for an ordinary day's work at the rate of at least 25s. a week. In arriving at this 25s. a week, the Agricultural Wages Board, when required to do so by the Board of Agriculture and Fisheries, will have power to define the benefits or advantages which may be reckoned as payment of wages in lieu of cash and the value at which they are to be reckoned. The Board will also be enabled to determine any question which may arise as to the value of the benefits or advantages and generally as to any contracts of employ- ment, such determination being under the Regulations being made by the Board of Agriculture and Fisheries. A workman employed in agriculture, or any person authorised by him, may complain to the Agricultuial Wages Board if the wages being paid are at a less rate than the minimum rate fixed by the Board, and the Board shall consider the matter and may, if they think fit, take proceedings under the Act on lehalf of the workman. The powers of taking these proceedings, etc., are dealt with more fully in the Chapter on W^ages Boards on page 43 of this Memorandum. 21 CHAPTER 3. Part III. Restriction on Raising of Agricultural Rents. Under this Part of the Act (which deals with restrictions on raising of Agricultural Rents) the rent payable under any contract of tenancy made or varied after the date of the passing of this Act (August 21st, 1917) in respect of an agricultural holding must not exceed the rent which could have been obtained if the bonus provisions of Part I. liad not been in force, and a dispute as to whether the rent demanded is in excess lias to be determined by a single arbitrator under the provisions of the Second Schedule of the Agricultural Holdings Act of 1908. (For this Schedule see page 72.) The rent payable under a contract of tenancy shall not, however, be deemed to be in excess of that fixed by the Act unless notice in writing requiring the question to be referred to arbitration has been served on the land- lord within a year from the commencement of a new tenancy Oi. the alteration of terms of a tenancy existing at the 21st August, 1917. If when the arbitration takes place it is found that the rent payable under the contract of tenancy is in fact in excess of the amount which could be obtained if the bonus provisions had not been in force, the contract shall, as from the commencement or variation of the tenancy, be effective if the rent set out therein and payable under the contract is reduced by the amount found to be excessive. Part Til. does not affect any proceedings by the landlord for enforcing payment of rent except in cases where, before the commencement of the jjroceedings, it has been deter- mined by an arbitrator that the rent is in excess of that which could be obtained if the bonus provisions had not been in force under Part I., and any excess rent which has been paid or recovered before the award of the arbitrator shall be recoverable by the tenant from the landlord either by way of deduction from rent or otherwise During the Debates on the Bill in Parliament the question arose as to whether, where capital expenditure had been made on buildings, the tenant undertaking to l)ay, say, five per cent, interest on such capital expenditure^ Part III. deals with agricultural rents. S. 8, ss. 1. Notice for arbitration to be in writing. S. S. S3. ]. Arbitration may vary contract of tenanc} . S. 8. ss. 2. Landlord can enforce payment of rent. S. 8. .ss. 3. Interest on capital ex- ])enditure not rent. 22 this could be deemed to be " rent "' within the meaning of the section, but the view was taken by the advisers of the Government that such percentage payment would not be regarded as rent witliin the meaning of this part of the Act. Excimple. The following illustration may perhaps more rlearly explain the point which created doubt. If a tenant, owing to the fact that he had ploughed up large areas because of the bonus provisions of Part I., asked his landlord to erect barns, stables, fences or other capital works, and undertook to pay five per cent, on such capital expenditure annually by way of interest, would it be held, that as the tenant only required the barns and stables because he had ploughed up grass owing to the bonus provisions of Part I. ; the interest payable by him to the landlord should come within Part III. of the Act as being in excess of the rent rightly demandable. It was definitely stated, however, that such payments by way of interest would not come within the provisions of the section. No t^eneral Part III. merely prohibits the raising of rents where restriction on the increased rent demanded could not have been obtained rent raising, except for the passing of Part I. of the Act. There is therefore nothing in this Part' to prevent landowners, should they so desire, from raising their rents to meet increased mortgage interest, increased cost of repairs, demands for tithe, and such like charges, nor from raising the rent of agricultural land which has been underlet. The whole object of Part III. is to prevent owners attempting to take advantage of the bonus provisions of Pai-t I. and raise their rents to obtain the advantage of these provisions. Example-! ^^^ instance, farms may have been let at low rents fixed at a time of great agricultural depression. It may be that these rents have never been revised, or at all events, not in recent years, although owing to the modern conditions of agriculture and present prices existing, quite apart from the bonus proposals of this Act, such rents are far below the true economical letting values of the holdings. In such cases there is nothing in Part III. of this Act to prevent the raising of these rents to their true value. Again, the following case might easily occur. The owner is advised that he is entitled to raise the rent of a farm let at, say, £180 per annum to £240, this latter figure being its true annual value apart from any advantages of the bonus given by Part I. of this Act, and this increased rent is demanded. In such a case, should the tenant claim that the £240 could not have been obtained unless the bonus 23 provisions had become law and the mattei be referred to arbitration, it is possibh? for the arbitrator to find that, iu his judgment, the £240 did exceed by £20 the fair annu:il letting value of the farm and that therefore the £20 could only be obtained owing to the bonus on corn which this Act grants. The result of such a decision would be that the tenancy woidd be effective not at the old rent of £180 .but at the new rent of £220 per annum. S s, s.s. 2. 24 CHAPTER 4. Part IV. Power to Exporce Proper Cultivation. Date of coming into force. Limited in its r,pplica.ti() S. 17, £S. (a & b). In dealing with this Part of the Act there are two important matters which must be borne in mind. The first is that under Section 11, Subsection 3, this Part, which refers to proper cultivation, will not come into force until August 21st, 1918, i.e., a year aft?r the passing of the Act, or until the present war has terminated, whichever shall be the earlier. Up to that date the procedure for enforcing proper cultivation will be that at present in existence under the Defence of the Realm (Consolidation) Act. The otlier important point is this, that Part IV. appaiently does not refer to " agriculture " genyrall}^, this word rot occuriing in Part IV., bub only to " cultivation," and, according to Section 17., Subsection 1 (b) this latter expres- sion ■■ includes the use of land for grazing, meadow or pasture," and therefore it may perliaps exclude the use of land as orchards, woodlands, osier land, market gardens, or nursery gardens mentioned in the wider definition of agriculture. It is at this stage extremely difficult to say whether market gardens, nursery grounds, wood- lands, and such like lands, come within the scope of this Pait of the Act, at any rate so long as they are properly used as orchards, woodlands, or market or nursery gardens, as the case may be ; only ihree uses ot land, namely, grazing, meadow and pasture, a/e mentioned in the definition of ■■ agriculture." This matter is again referred to on page .37 :der Part IV. The Board of Agriculture and Fisheries, if in their >])inion either — (a) the land is not being cultivated in accordance with the rules of good husbandry, or (b) so as to increase the production of food in the national interest the mode of cultivation on any land shall be changed. •25 may serve a notice on tln' ()ccui)ier requiring liini to cultivate the land as they may direct, and if the land is in the occupation of a tenant and such cultivation may cause a breach of the covenant or condition of the contract of tenancy, the Board may serve a notice either at the same time or subsequently, suspending the covenant or condition, and may also make provision for giving the landlord sucli payment or benefits as the Board think him justly entitled to owing to the fact that he has been called upon to suspend the covenant or condition of contract of tenancy in favour of the tenant. The person who receives any notice may, within a time Appeal bv to be prescribed by Regulations issued by the Board of person Agriculture and Fisheries, appeal to an independent aggrkved. arbitrator for a decision as to whether the land is being S. !), ss. 1. either — (1) cultivated in accordance with the rules of good husbandry, or (2) whether it is desirable in the interests of food production that the change to be made in cultivation should apply to any portion of the land. Where such an appeal has been entered the Board shall not take any action for enforcing their orders, except in accordance with the terms of the Award, and where the person on whom the notice is served is a tenant, the land- lord shall have the same rights as a tenant in refening the matter to an independent arbitrator. The arbitrator is to be appointed under the Second Appointment Schedule to the Agricultural Holdings Act of 1903 (page 72), "^ arbitrator, with the provision that in the event of default of agreement ■">• H^ ss. 1. as to who should be appointed arbitrator, the President of the Surveyors' Institution shall make the appointment. If the occupier fails to cidtivate the land in accordance Power of with the directions given, the Board of Agricultui-e and Board to Fisheries may, after giving notice to be prescribed bv ^*'-^t^""""' riegulations — ^ S. 9, &s. 3. (1) if the occupier is the tenant, make such order as they think necessary in the circumstances either authorising tlie landlord to determine the tenancy, or determining the tenancy by order, and (2) if the occupier in default is not a tenant, the Board may enter on and take possession of the land, and either themselves or by any person authorised bv them, do all things they think necessary and desirable for cultivating the land or for adapting it for cultivation. 26 ( 'ccupiei- may request record to be made. Bocird may let laud after entry, ^. 9. sg. 0. Owner to »ec ilraft of contract and receive coijv. !>. f). ss. o,' (a & b). Xoliee of Boartl defence against action for breach of covenant. S. 0. ss. G. t 'w ni-r niay n-nuest with 3 and Fisheries shall nominate the aibitrator who is to act. The Board not being an interested party in such arbitra- tion, this system of nomination in the event of default is therefore adopted. Under Part IV. of the Act (which deals with powers of enforcing proper cultivation) the Board is an interested party, and therefore in the event of disagreement between the parties as to the arbitrator to be appointed, then the President of the Surveyors' Institution shall nominate the arbitrator who is to act in the matter. In Scotland the Agricultural Holdings (Scotland) Act of 1908 applies, and w^here under the Corn Production Act the Board of Agriculture for Scotland is a paity to an arbitration, the Sheriff Principal of the Sheriffdom in which the land affected is situated, shall nominate the arbitrator in the event of default. As regards Ireland, questions and amounts to be deter- mined under Part III. and Part IV. of the Act, i.e., questions as to raising of agricultural rents or powers of enforcing cultivation, are to be determined by the Irish Land Com- mission on the application of any person interested, instead of by arbitration, and the powers and jurisdiction exercise- able by the Land Commission in relation to applications made under the Land Law (Ireland) Acts may be exercised by the Land Commission in relation to any application under this provision. CHAPTER 9. Part V. General. The Board of Agriculture and Fisheries in addition to Board of any special power* which is given them by this Act to make Agriculture Regulations, can make Regulations generally for carr}ang and Fisheries out the Act, and may make Regulations — ret^ulationa. S.l?, ss. (1). (a) For prescribing the manner in which claims for payment of the bonus under Part I. are to be made and the e%'idence to be put forward to support such claims ; (b) For requiring the Agricultural Wages Board to define the benefits or advantages which may be reckoned as payment of wages in lieu of payment in cash (such benefits not being benefits or advantages prohibited by law), and also the value at which they are to be reckoned, as mentioned on page 20 of this Memorandum ; and (c) For requiring the Agricultural Wages Boards to define, in cases where a differential rate for overtime is to be fixed, the nature of the emplo\aiient which k to be treated as overtime. Any Regulations made under the Corn Production Act Regulations must be laid before each House of Parliament forthwith, mayba and if an Address is presented to His Majesty by either ^nmilled by House within the next subsequent twenty-eight davson s^io'^^^f-?)^ which that House has sat after the Regulation is laid before it, praying that the Regulation may be annulled, His Majesty and Council can annul the Regulation which shall thenceforth be void, but without prejudice to the validity of anything previously done under it. * E.g., see S. 9. ss. 1, 3, 5, 8; s. 11, ss. 2. 36 Board of Agriculture and Fisheries may appoint officers to iHTestigate •wages questions. S. 14, ss. (1), Penalty for giving false informatior. S. 14, ss. (3). S. 15. Powers of Officers appointed by the Board of Agri- culture AND Fisheries to investigate Questions re Wages. The Board of Agriculture and Fisheries may appoint such Officers as they think necessary for the investigation of complaints and for otherwise securing that Part II. of the Act {i.e., the part which deals with the payment of minimum wages) shall be properly observed. Any Officer shall act under the directions of the Agricul- tural Wages Board if the Board of Agriculture and Fisheries so desire. Officers so appointed shall have power — (a) To require the production of the wages sheets and other records of wages paid to workmen employed in agriculture, and to inspect and take copies of such sheet and records ; and (b) To require the employer of any such workmen to give any information which it is in his power to give as to the employment of the workmen or the wages paid to them. If any person refuses to produce any document or give any information which any Officer requires him to produce or give under this provision, or produces or gives such Officer any document or information which he knows to be false, he shall be liable on siummary conviction to a fine not exceeding £20 — or imprisonment for a term not exceeding three months, with or without hard labour. Provision of money. S. 16, Provision of Money. Any expenses incurred by the Board of Agriculture and Fisheries in meeting payments, and any other expenses connected with Agricultural Wages Boards, District Wages Committees, or by other Departments in respect of expendi- ture made with the consent of the Board of Agriculture and Fisheries, and also any sums paid by way of compensation for loss of time to Members of these Boards, Departments and Committees, are to be defrayed out of money provided by Parliament up to an amount approved by the Treasury-. 37 CHAPTER 10. Definitions under the Act. The expression " agriculture " includes the use of land Agriculture, as grazing, meadow, or pasture land, orchard, o.sier-land or y''. ' ^^' ^ ' woodland, and also market gardens, nursery grounds, and the expression " agricultural " is to be construed in a similar manner. From these definitions it appears clear that employees Note on engaged on land of the nature mentioned in the definitions g^^jg^g^ will come within the minimum wages rate under Part II., but as already stated in this Memorandum on page 14 the Government have declared that these minimum v. age rates shall not apply to persons engaged on private grounds occupied together with dwelling-houses. It would also appear that in terms the restrictions as to raising rents under Part III. of this Act apply to all land as mentioned in the definitions. It seems clear, however, that Part I. does not apply to a considerable amount of the land mentioned in the definitions unless the present form of cultivation is altered. The expression " cultivation " includes the use of land Cultivation, for grazing, meadow or pasture, and the expression S- ^'^> ^- ^ 0*)- " cultivate " has a corresponding meaning. This definition is unfortunately somewhat ambiguous*, it may be that as Part IV. of the Act (which deals with power to enforce proper cultivation) refers entirely to *' cultivation " as given in this definition, the mention of the words " includes use for gi-azing, meadow or pasture " is intended to automatically shut out the additional classes of land mentioned in the definition of *" agriculture " already referred to, namely, " orchard, osier land, or wood land, and also market gardens and nursery gi'ounds,"' the point is one of much difficulty. It would be unwise to express a definite opinion on this point, but no doubt at a future date it may be given legal interpretation by the Courts. 38G83 I 38 Workmen. S.17, ss. (1) Umploynuiit. S. 17, ss. (1) ^arfcr. Sl 17, ss. (1) The expression " workmen " includes boys, women and girls. This definition has been more adly dealt with in this 5lemorandum when dealing with Pai-t II. of the Act on page 14. The expression " employment " means employment under a contract of service, or apprenticeship, and the expressions ■' employer " and " emplo3'ee " are to be construed in a similar manner. The expression " quarter " means, in the case of wheat, 480 imperial lbs., and in the case of oats, 312 imperial lbs. This definition has been previously referred to in this Memo- randum when dealing with Part I. of the Act (see page 11). Service of Notices under the Corn Production Act. Serrice of Betices. &'.17, PS. (2). Any notice under the Act may be served on the person to whom it is to be given either by handing the same to him personally, or by forwarding such notice by registered post CHAPTER 11. Special Provisioxs as to Scotland. The Board of Agriculture for Scotland is to be substituted g ig ss (1) for the Board of Agriculture aud Fisheries. (a). Section 5, Subsection 1, of the Act, together with the g. 18 ss (1) First Schedule (which relates to the establishment of Wages (6). Boards), are not to apply to Scotland, but the provisions of the Second Schedule of the Act (referred to on page 46) are to be deemed to be incorporated in Part II. {i.e., the part of the Act which refers to minimum wages of agricultural workmen). The Agricultural Holdings (Scotland) Act, 1908, is to be g jg gg qx substituted for the Agricultural Holdings Act of 1908, and, (c). as already stated on page 34 of this Memorandum, where the Board of Agriculture for Scotland is a party to an arbitration, the Sheriff Principal is in cases of disagree- ment to appoint the arbitrator instead of the Board of Agriculture and Fisheries. The Sheriff Principal of the g_ jg, ss. (1) Sheriffdom in which the land is situated is to be substituted (d). for the President of the Surveyors" Institution, and the Agricultural Executive Committee and the district thereof are substituted respectively for the War Agricultural Executive Committee constituted under the Defence of the Realm Regulations, and the County and County Boroughs. The " Edinburgh Gazette " is to be substituted for the g jg^ gg_ q) " London Gazette," as mentioned on page 11 of this Memo- (e). randum. Part III. of the Act, which deals with the restrictions on g. ig^ ss. (1) raising of agricultural rents, is to have effect subject to and (f).^ without prejudice to the provisions of the Small Landowners (Scotland) Acts, 1886-1911, and in fixing the rent of a holding the Scottish Land Court shall not take into con- sideration the operation of the bonus provisions under Part I. of this Act, or the mininium wage provisions under Part II. The provisions of Part IV. of this Act, so far as they refer to the determination of the tenancy, shall not apply to land ;'n the occupation of a landowner or a statutory small tenant under the Small Landowners (Scotland) Acts', 1886-1911. ^\^^' ^^- ^^^ 40 The powers of entering on and taking possession of land, and cultivating the land or adapting it for cultivation, con- ferred by this Act may, notwithstanding anything which appears in Part IV. of the Act, he exercised in respect of land which is occupied vnder the Small Landowners (Scotland) Acts, 1886-1911, already mentioned. S. 18, ss. (1) Where a tenant of shootings is, or under the operation of h). Part IV. of this Act (which deals with powers of enforcing proper cultivation) becomes the only tenant of the land, the owner of the land shall, for the purposes of this Part I\'., if the Board of Agriculture for Scotland decide the same by order, be deemed to be the occupier, and the Board's power to suspend any covenant or condition of the contract of tenancy, shall, in such a case, be deemed to include the power to determine the tenancy or any such covenant or condition, and the Board shall have power to make such provision as they think fit for the adjustment of relations between landlord and tenant. 41 CHAPTER 12. Special Provisions as to Ireland. Reference to the Board of Agriculture and Fisheries in this Act shall be construed as reference to the Department of Agriculture and Technical Instruction for Ireland. A separate Agricultural Wages Board is to be established S. 18, ss. (2) for Ireland and this Board, when established, is to be sub- ('^)- stituted for the Agricultural Wages Board mentioned in this Act. The provision as to wages at the rate of at least 25s. a S. 18, ss. (2) week, and the provision as to the retrospective effect of the (b). minimum rate of wages for able-bodied men, shall not apply, except that the Agricultural Wages Board constituted for Irelanl in fixing a minimum rate of wage for able-bodied men, may, if they think proper, direct that this rate fixed by them shall be payable from such earlier date as they may specify, provided, however, that this must r.ot be a date prior to the passing of the Act — ■21st August, 1917. In the event of such earlier date being specified, the retro- spective provision will apply but only from the date which the Agricultural Wages Board shall specify and not from the commencement of the Act. Where a person other than the occupier was, on the 1st S. 18, ss. (2) day of September in the year in which wheat or oats were (c)- produced, entitled under a conacre agreement to the use of the land on which they were produced, this person is to be substituted for the occupier for the purposes of any payment in respect of the bonus provisions under Part I. of the Act. Questions and amounts which are to be determined under S. 18, ss. (2) Part III. {i.e., the part which deals with restrictions of raising (^)- of agricultural rents) or under Part IV. (the part which deals with powers of enforcing proper cultivation) are to be determined by the Irish Land Commission on the application of any person interested, instead of by arbitration. The powers and jurisdiction exerciseable by the Land Commission in relation to application^ under the Land Law (Ireland) Acts, may be exercised by the Land Commission in relation to any applications which come within this provision. Part III. of this Act which deals with restrictions as to S. 18, ss. (2) raising agricultural ren^s when applied to Ireland shaU only (^)- 42 have effect subject tind without prejudice to the provisions of the Land. Law (Ireland) Acts, and. in fixing the judicial rent of a holding after the passing of this Act (21st August, 1917) the Court shall not take into consideration either the bonus provisions of Part I. or the minimum wage provisions of Part II. of this Act, in so far as they affect either the holding or tenant. Proceedings by way of ejectment for non-payment of rent shall be deemed to be proceedings for enforcing payment of rent within the meaning of Part III. of this Act (h^., the Pait which deals with restrictions as to raising of agricultural rents). S. 18, ss. (2) Part IV. of this Act wdiich deals with powers to enforce ^J^- proper cultivation, w^hen applied to Ireland shall have effect subject, however, to the following further modifications : — (1) The powers of entering on and taking possession of land and cultivating land or otherwise dealing wdth it may be exercised whether the occupier in default is or is not a tenant. (2) Section 11, Subsection 3, of this Act, which postpones the operation of Part lY. until after the expiration of the war or the 21st August, 1918, shall not apply. (3) Provisions respecting the determination of tenancies under Part lY. of this Act shall not apply. For the purposes of enforcing the proper cultivation of land in Ireland, the provisions set out in the Third Schedule of this Act shall have effect as if they were included in Part IV. of the Act itself. These additional j^rovisions are set out on page 69 of this Memorandum. S. 18, ss. (2) The Dublin Gazette shall be substituted for the London (9)- Gazette as mentioned on page 11. 43 CHAPTER 13. SCHEDULES. FIRST SCHEDULE. The Constitution, Proceedings, etc., of the Wages Boards. Incorporated in tliis Schedule are Sections 11, 12, 13 and 17 of the Trades Boards Act of 1909. Under Section 5, Subsection 1, of Part II. of the Corn Pro- s. 5, ss. (2). duction Act, the Board of Agriculture and Fisheries as soon as may be after consulting with the iMinister of Labour, will establish an Agricultural Wages Board which shall fix minimum rates of wages for workmen employed in agriculture for time work, and may in so far as they think it necessary and expedient, fix minimum rates of wages for similar workmen if employed in agriculture on piece work. To constitute this Agricultural Wages Board an equal Sch I.,s. (11). nmnber of representatives to represent employers and S. (1). ss. (3). workmen are elected or nominated by the Board of Agricultm-e and Fisheries under their Regulations. Women as well as men are eligible as members of the Sch. I., s. Agricultural Wages Board. (H)' ^s. (2). In addition to the members to represent employers and workmen, the Board of .Agriculture and Fisheries w^ll appoint further members of the .Agricultural Wages Board, but the number of persons appointed by the Board of Agriculture and Fisheries is not to exceed one-fourth of "the total number of members of the Agricultural Wages Sch. I., Board. s. (13),' The Chairman of the Agricultural Wages Board is to be ''^' ^ appointed from the Members of this Wages Board by the Board of Agriculture and Fisheries, and the Secretary of the Agricultural Wages Board is also to be appointed by the Board of Agriculture ind Fisheries, but it ap;xais that he Sch. I. need not be a member of the Agricultural Wages Board. ?. (11), The proceedings of the Agricultural Wages Board shall not be invalidated bv anv vacancv in their number, or bv 44 g , J any defect in the appointment, election or nomination of s, (11)]' any member, but in order to constitute a meeting of the ss. (5). Agricultural Wages Board, one-third of the whole number of members representing employers and workmen and at Sch. I., least one appointed member must be present. • ( )>■'■•[) rjf^^ Board of Agiiculture and Fisheries may make Regulations as to the proceedings and meetings of the Agricultural Wages Board, including the method of voting, but subject to the provisions of the Corn Production Act and to any Regulations so made by the Board of Agriculture and Fisheries, the Agricultural Wages Boaid may them- Sch. I., £elves regulate their proceedings as they think fit. gg, (7).' No doubt the Agricultural Wages Board will sit in London and deal with the various reconmicndations made by the District Wagos Committees next referred to. District Wages Committees. The Agricultural Wages Boards may appoint District Wages Committees, and if they are required by the Board of Agriculture and Fisheries to appoint such Committees they are compelled to do so. The persons forming these Committees will represent employ ei's and workmen engaged in agriculture, and they will be constituted according to the Regulations made for the purpose by the Board of Agriculture and Fisheries, Sch. I., but the area for which they are to act will be determined s- (12), by the Agricultural Wages Boards already referred to. In these Regulations provision is to be made for at least one member of the Agiicultural Wages Board or other person nominated by the Board of Agriculture and Fisheries to act on each District Wages Committee, and there is to be equal representation on the District Wages Sch. I., Committees of local employers and local workm^en. gg^gj' Although under Subsection 2 of Section 12 at least one member of the Agricultural Wages Board or other person nominated by the Board of Agriculture and Fisheries is to act on each District Wages Committee, under Section 13, Subsection 1, of the same Schedule, it would seem that the Board of Agriculture and Fisheries can appoint as members of such Committee as many persons as they think fit provided that the members appointed by the Board of Agriculture and Fisheries do not exceed one-fourth of the total number of members of the District Wages Committee. „ , , It appears clear also that women are eligible to serve s. (13)rss. (1). on the District Wages Committee. After these District Wages Committees have been ap- pointed, the Agricultural Wages Board may refer to them 45 for their Report and recommendations on any matter which they think it expedient to refer to them, and they also have power to delegate to the District Wages Com- mittee, should they think fit, any of their powers and duties under this Act, other than the powers and duties of fixing minimum rates of wages. Sch. I., Subject to Regulations made by the Board of Agriculture ^" ^ ^^' *'*' ^ '' and Fisheries, the District Wages Committee may be authorised to delegate to a Sub-Committee any of the powers already delegated to the District Wages Committee. Sch. I., Where a District Wages Committee has been established for any area it shall be the duty of that Committee to recommend to the Agricultural Wages Board the minimum rate of wages applicable to that area, and no such minimum rate of wages fixed under this Act and no variation or cancellation of such rate shall be effective within that area unless either the rate or variation or cancellation thereof (as the case may be) has been recommended by the District Wages Committee, or an opportunity has been given to the Committee to report thereon to the Agricultural Wages Board and the Agricultural Wages Board have considered the report (if any) made by the Committee. Sch. I., Any officer appointed by the Board of Agriculture and ^' ''^' '' Fisheries under this Act, and any officer of any Government Department who is for the time being assisting in carrying this Act into effect, has power, acting under any special or general instructions issued by the Board of Agriculture and Fisheries, to take proceedings under this Act. The Agricultural Wages Board may also take any such proceedings in the name of any officer appointed by the Board of Agriculture and Fisheries, who is for the time being acting under the direction of the Agricultural Wages Board in pursuance of this Act, and, further. Agricultural Wages Boards may take proceedings in the name of their Secretary or any of their officers authorised by them. Sch. I., Any officer appointed by the Board of Agriculture and ''^ ^ ^^' Fisheries under this Act, or any officer of any Government Department who is for the time being assisting in carrying this Act into effect, and the Secretary of the Agiicultural Wages Board, or any officer of the Agricultural Wages Board who is authorised for the purpose, may, although he is not a Counsel or Solicitor or Law Agent, prosecute or conduct before a Court of summary jm-isdiction, any proceedings which arise under this Act. " Sch. I., s.(17),ss.{.'). Special Proviso as to Ireland. In applying this First Schedule to Ireland, whenever reference is made to the Board of Agriculture and Fisheries, 46 it shall be construed as reference to the Department of Agriculture and Technical Instruction for Ireland, and further any reference to the Agiicultural Wages Board shall be construed as reference to the Agiicultural Wages Board for Ireland. SECOND SCHEDULE. Constitution of Agricultural Wages Committees ix Scotland. This Schedule deals with the constitution of Agricultural Wages Committees in Scotland, and such Schedule is deemed to be incorporated in Part II. of this Act, i.e., the part which deals with the minimum rates for agricultural wages, referred to on page 14 of this Memorandum. The method of appointing these Agricultural Wages Committees in Scotland is set out in the Second Schedule to this Act, as already stated, and is printed on page 67 of this Memorandum, and reference is made to this Schedule for those who wish for full information as to how such, Agricultural Wages Committees are to be constituted. THIRD SCHEDULE. This Schedule, which is printed on page 69 of this Memorandum, deals with additional pro visions; for the enforcement of proper cultivation of land in Ireland, and reference is made thereto as to the particular methods to^ be adopted under the Corn Production Act. i7 CORN PRODUCTION ACT, 1917 [7 & 8 Geo. 3. Ch. 46.] AKKANGEMENT OF SECTIONS. Part I. Minimum Price of Whp:at and Oats. Section. 1. Payments to growers where average price of wheat or oats is less than minimum. 2. ]VIinimnm price and average price. 3. Claims for payment. Part II. Agricultural Workmen (Minimum Wage). 4. Minimum rate for agricultural wages. 5. Establishment of Wages Board. 6. Complaints as to inadequate payment for piece-work where no minimum piece-rate has been fixed. 7. Complaints as to infraction of minimum rates of wages.. Part III. Eestriction on raising of Agricultural Rents 8. Rents not to be raised in consequence of Act. Part IV. Power to Enforce proper Cultivation. 9. Power to enforce proper cultivation, 10. Protection of crops, &c., from damage by rabbits an(L vermin. 11. General provisions applicable to Part IV. 48 Part V. SecUon. General. 12. Regulations. 13. Powers of entry and inspection. 14. Appointment and powers of officers. 15. Power to require agricultural returns. 16. Provision of money. 17. Definitions, &c. 18. Application to Scotland and Ireland. 19. Short title and duration. Schedules, to growers where ave- rage price of wheat oi oats is less than minimum. CHAPTER 46. An Act for encouraging the production of Corn, and for purposes connected therewith (including provision as to Agricultural Wages and Rents). (21st August 1917.) 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, as follows : — Part I. Minimum Price of Wheat and Oats. 1. — If the average price for the wheat or oats of any year for which a minimum price is fixed under this Act, as ascertained for the purpose of this Part of this Act, is less than the minimum price as fixed by this Act, the occupier of any land on which wheat or oats have been produced in that year shall be entitled to be paid by the Board of Agriculture and Fisheries in respect of each acre on which he proves to the satisfaction of the Board that wheat or oats have been so produced, a sum equal in the case of wheat to four times, and in the case of oats to five times, the difference between the average price and the minimum price per quarter : Provided that — (a) if it appears to the Board in respect of any land on which wheat or oats have been produced that the wheat or oats were intermixed with any other crop, the amount payable in respect of that land shall be adjusted accordingly in such manner as the Board think proper ; or 49 (b) if it appears to the Board that any such land has been negligently cultivated, the Board may either with- hold altogether the payments to which the occupier would otherwise have been entitled or may diminish the amount of those payments to such extent as the Board think proper to meet the circumstances of the case. 2. — (1) The following minimum prices shall be fixed for Minimum the wheat and oats of the following years :— jpnce and average price. Crop for Year. Wheat Price, quarter. per Oats Price, yei quarter. 1917 60s. 38s. 6^. 1918) 1919/ 55s. 32s. 19201 1921 h 1922 45s. 24s. (2) The average price for the wheat or oats of any year shall for the purposes of this Part of this Act be taken to be the average price for the seven months beginning on the first day of September in that year ascertained by adding together the weekly averages of the weeks included in those seven months, and dividing the total by the number of weeks. For the purposes of this provision, the weekly averages for any week shall be taken to be the average price per quarter for that v^eek of wheat or oats, as the case may be, ascertained in accordance with the Corn Returns Act, 1882. 45 ^ 45 Y;ct. (3) The Board of Agriculture and Fisheries shall, as scon ''• '^''• as may be after the end of March in any year, cause the average price of wheat and oats for the preceding year, as ascertained under this section, to be published in the London Gazette. 3.— (1 ) The person who was, on the first day of September cir.ims for in the year in which the wheat or oats were produced, the pr.vmcnt. occupier of the land on which they were produced shall be deemed to be the occupier entitled to receive any payments under this Part of this Act : Provided that when there has been any change in the occupation of the land on which the wheat or oats were produced then — (a) if the outgoing tenant is under any custom or otherwise entitled to harvest any wheat or oats grown 50 on the land tho outgoing tenant shall in lieu of the in- coming tenant or the landlord be entitled to receive any payments under this Part of this Act in respect of the wlieat or oats ; and (^>) if the outgoing tenant is under any custom or otherwise entitled to receive compensation from his landlord or the incoming tenant in respect of the wheat or oats as for an away-going crop or otherwise, the right of the landlord or incoming tenant to receive payments under this Part of this Act in respect of the wheat or oats shall be taken into account in the assessn\ent of the compensation so payable. (2) All claims for payments under this Part of this Act shall be made to and determined by the Board of Agriculture and Fisheries in accordance with regulations made under this Act, and the decision of the Board shall be final and conclusive for all purposes : Provided that if at any time it is found that a payment has been obtained or payment in excess of the amount properly payable has been obtained, by means of any false statement or false representation, the person to whom the payment was made shall, without prejudice to any criminal liability in respect of any false statement or false representation, be liable to pay the Board the amount of such payment or excess, and any such amount may, without prejudice to the recovery thereof as a debt due to the Crown, be recovered by the Board summarily as a civil debt. (3) Tf for the purpose of obtaining a payment under this Part of this Act, either for himself or for any other person, any person makes any false statement or false representation: he shall be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding six months, or to a fine not exceeding fifty pounds, unless he proves that he did not know and could not with reasonable diligence have ascertained that the statement or representa- tion was false. Part II. Agricultural Workmen (Minlmlm Wage). 4.— (1) Any person who employs a workman in agricul- ture shall pay wages to the workman at a rate not less than the minimum rate as fixed under this Act and applicable to the case, and if he fails to do so, shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and to a fine not exceeding one pound for each day on which the offence is continued after conviction therefor : 51 Provided that such a person shall not be liable to be so convicted if he proves that he did not know and could not with reasonable diligence have ascertained that the wages paid were less than the wages required under this Act to be paid. (2) In any proceedings against an employer under this section the court may, whether there is a conviction or not, order the employer to pay, in addition to the fine, if any, such sum as appears to the court to be due to the workmaE employed on account of wages, the wages being calculated at the minimum rate ; but the power to order the j)ayment of wages under this provision shall not be in derogation of any right of the workman to recover wages by any other proceedings. (3) Any agreement for the payment of wages in contra- vention of this section, or for abstaining to exercise any right of enforcing the pa^mient of wages in accordance with this section, shall be void. (4) The provisions of this section as to payment of wages at a minimum rate shall operate as respects able-bodied men as from the commencement of this Act (although a minimum rate of wages may not have been fixed), but only so as to enable any sum which would have been payable under this section to an able-bodied man on account of wages for time-work if a minimum rate for able-bodied men had been fixed to be recovered by the workman from his em^ployer at any time not exceeding three months after the rate is fixed : Provided that no sum shall be recoverable under thi-^ provision except in a case in which and to the extent te which the wages paid have not, in the opinion of the court, been equivalent to wages for an ordinary day's work at the rate of twenty-five shillings a week. 5.— (1) The Board of Agriculture and Fisheries shall, Es^^' ^ shall be deemed to be incorporated in this Part of this Act. (2) The Agricultural Wages Board shall fix minimum rates of wages for workmen employed in agricidture for time-work, and may also, if and so far as they think it necessary or expedient, fix mininmm rates of wages for workmen employed in agriculture for piece-work. (3) Any such minimum rates may be fixed so as to apply universally to woikmen employed in agriculture, or to any special class of workmen in agricultuie, or to any special 52 area, or to any special class in a special area, subject in each case to any exceptions which may be made by the Agricul- tural Wages Board for employment of any special character, and so as to vary accoiding as the employment is for a day, week, month, or other period, or according to the number of working hours or the conditions of the employment, or so as to provide for a differential rate in the case of overtime : Provided that if the Agricultural Wages Board are satis- fied that any workman employed or desiring to be employed on time-work to which a minimum rate fixed by the Board is applicable is affected by any mental or other infirmity or physical injury which renders him incapable of earning that minimum rate, the Board may grant to the workman, subject to such conditions, if any, as they piescribe, a permit exempting the employment of the workman from the provi- sions of this Act requiring wages to be paid at not less than the minimum rate, and while the permit is in force an em- ployer shall not be liable to any penalty for paying wages to the workman at a rate less than the minimum rate so long as any conditions prescribed by the Board on the grant of the permit are complied with. (4) Before fixing any minimum rate of wages, the Agricul- tural Wages Board shall give notice of the rate which they propose to fix, and consider any objections to the rate which may be lodged with them within one month ; and the Board shall give notice of any minimum rates fixed by them in such manner as they think fit with a view to bringing the mini- mum rates, so far as practicable, to the knowledge of the persons affected. (5) The Agricultural Wages Board may, if they think it expedient, cancel or vary any minimum late fixed by them, and shall reconsider any such minimum rate if the Board of Agriculture and Fisheries direct them to do so, whether an application is made for the purpose or not ; and the pro- visions of this section as to notices shall apply where it is proposed to cancel or vary the minimum rate in the same manner as they apply where it is proposed to fix the minimum rate. (6) In fixing minimum rates under this section, the Agri- cultural Wages Board shall, so far as practicable, secure for able-bodied men wages which, in the opinion of the Board, are adequatetopromoteefficiency and to enable a man in an ordinary case to maintain himself and his family in accord- ance with such standard of comfort as may be reasonable in relation to the nature of his occupation. (7) In fixing minimum rates for time-work under this section, the Agricultural Wages Board shall secure for able- bodied men wages which, in their opinion, are equivalent 53 to wages for an ordinary day's work at the rate of at least twenty-five shillings a week. (8) Nothing in this Part of this Act shall prejudice the operation of any agreement entered into or custom existing before the passing of this Act for the payment of wages at a rate higher than the minimum rate fixed under this Part of this Act. (9) In this Part of this Act the expression " able-bodied man " means any male workman who is not incapable, by reason of age or mental or other infirmity or physical injury, of performing the work of a normally efficient workman. 6. —Any workman employed in agriculture on piece-work for which no minimum piece-rate has been fixed, or any per- son authorised by such a workman, may complain to the Agricultural Wages Board that the piece-rate of wages paid to the workman for that work is such a rate as would }^eld in the circumstances of the case to an ordi ary workman a less amount of wages than the minimum time-rate applicable in the case of that workman, and the Board may on any such complaint direct that the employer shall pay to the workman such additional sum by way of wages for any pic'i'e- work done by him at that piece-rate at any time within fourteen days before the date of complaint, or at any time after the date of complaint and before the decision of the Boaid thereon, as in the opinion of the Board represents the difference between the amount which would have been paid if the work had been done by an ordinary workman at the minimum time-rate and the amount actually received by the workman making the complaint, and any sum so directed to be paid may be recovered by the workman from the employer summarily as a civil debt. 7. — Any workman employed in agriculture, or any person Complaints authorised by a workman so employed, may complain to the ^^ q^iq'^' * Agricultural Wages Board that the wages paid to the work- minimum man by any employer are at a rate less than the minimum rates of rate applicable in the case of that workman, and the Board wages, shallconsiderthematter, and may, if they think fit, take any proceedings under this A'^t on behalf of the workman. Complaints as to in- adequate payment for piece-work where no minimum piece-rate has been fixed. Part III. Restriction on Raising of Agricultural Rents. 8. — (1) The rent payable under any contract of tenancy Rents not t« made or varied after the passing of this Act in respect of an be raised m agricultural holding shall, not\\-ithstanding any agreement of°Act."*'°*** to the contrary, not exceed such rent as could have been oi S Eaw. 7 c. 28. obtained if Part I. of tliis Act had not been in force, and any question as to whether the rent payable under such a con- ti'act is in excess of the rent permitted by this section or as bo the amount of the excess shall be determined by a single arbitrator under and in accordance with the provisions of the Second Schedule to the Agricultural Holdings Acts, 1908 : Provided that the rent |)ayab]e under a contract of tenancy shall not be deemed to be in excess of that permitted under this section unless notice in writing requiring the question to be referred to arbitration has been served on the landlord within one year from tlie commencement or variation of the tenancy. (■2) If on any such arbitration it is determined that the rent payable under the contract of tenancy is in excess of the amount permitted under this section, the contract shall, as from the commencement or variation of the tenancy, have effect as if the rent payable under the contract was reduced by the amount of the excess. (3) This section shall not af?ect any proceedings by a land- lord for enforcing payment of any rent except so far as the rent has before the commencement of such proceedings been determined in manner hereinbefore provided to be in excess of the rent permitted by this section, but any rent in excess of the rent permitted by this section which is paid or recovered before the award of the arbitrator shall be recover- able by the tenant from the landlord by way of deduction from rent or otherwise. (4) In this section expressions have the same meaning as in the Agricultural Holdings Act, 1908. Foirer to enforce proper cultj. Part IV. Power to Enforce proper Cultivation. 9. — (1) The Board of Agriculture and Fisheries, if in any case they are of opinion — • (a) that any land is not being cultivated according to the rules of good husbandry ; or (6) that for the purpose of increasing in the national interest the production of food the mode of cultivating any land or the use to which any land is being put should be changed ; may serve notice on the occupier of the land requiring him to cultivate the land in accordance with such directions as the Board may give for securing that the cultivation shall be according to the rules of good husbandry or for securing 55 the necessary change in the mode of cultivating or in the use of the h^nd, as the case may be, and where compliance with any such directions, in the case of land in the occupa- tion of a tenant, involves any breach of or non-compliance with any covenant or condition of the contract of tenancy, the Board may in the same or any subsequent notice so served direct that any such covenant or condition, so far as it interferes with compliance with such directions, shall be suspended, and may provide for securing to the landlord such payments or other benefits (if any) as the Board think just on account of an}^ profit or benefit derived or expected to be derived by the tenant by reason of the suspension of the covenant or condition, and any such provision of the notice shall have effect as if it was contained in the contract of tenancy : Provided that if any person on whom any notice is served under this section is aggrieved by the notice, he may within the prescribed time require the cpiestion whether the land has been cultivated according to the rules of good husbandry, or whether it is undesirable in the interest of food produc- tion that the change should apply to any portion of the land included in the notice, to be referred to arbitration in accord- ance with this Part of this Act, and where any question is so referred to arbitration no action shall be taken for enforcing the directions given by the Board until the determination of the reference or except in accordance with the terms of the award, and, where the person on whom any notice is served is a tenant, the landlord shall have the same right as the tenant of requiring any question to be referred to arbitration. (2) Where any notice is served on a tenant, a copy of the notice shall at the same time be served on the landlord. (3) If, in the opinion of the Board, the occupier fails to cultivate the land in accordance with directions so given, the Board, after the jjrescribed notice, may, if the occupier in default is a tenant, make such order as seems to them required in the circumstances, either authorising the land- lord to determine the tenanc}' of the holding, or determining the tenancy by virtue of the order, and, if the occupier in default is not a tenant, enter on and take possession of the land, or of the holding of which it forms part, for such time, and (either themselves or by any person authorised bv them) do all such things, as appear to the Board necessarv or desirable for the cultivation of the land of which possession has been taken, or for adapting such land for cultivatiou. Any such order of the Board may contain such provisions as the Board think fit for adjusting the relations of landlord and tenant where the tenancv is determined ; and anv such 56 provision of the order shall have effect as if it was contained in the contract of tenancy. (4) If, within three months after the Board have entered on any land, the person who was in occii])ation of the land at the time of the entry so requires, a record of the condition of the buildings, fences, gates, roads, drains, ditches, and cultivation of the land shall be made within three months after the date of the requisition by a person to be appointed, in default of agreement, by the Preradent of the Surveyors' Institution ; aiid in default of agreement, the cost of making such record shall be borne by the Board and the person so previously in occupation in equal portions. (5) Where the Board have entered on any land under this provision they may, after the prescribed notice, let the land, or, with the consent of the owner, any part thereof, for any term not exceeding five years on such terms and conditions as the Board think fit, and at the best rent that, having regard to such terms and conditions, can reasonably be obtained : Provided that — (a) before any contract of tenancy is executed by the Board under this provision a drait thereof s'lall bo sent to the owner of the land and a reasonable oppor- tunity afforded him of objecting to any provision therein ; and (6) a copy of the contract of tenancy shall be sent to such owner as soon as possible after its execution. (6) Any notice given by the Board of Agriculture and Fisheries for the purposes of this section, which directs the suspension of any covenant or condition, shall be a sufficient defence to any action or other proceeding in respect of any breach of, or non-compliance with, the covenant or con- dition so far as the breach or non-compliance is authorised by the notice of suspension. (7) If, at any time after a contract of tenancy of any land has been created by the Board, the owner of the land re- quires the Board to withdraw, the Board shall so withdraw as soon as reasonably may be. (8) When the Board at any time withdraw from possession of any land of which they have taken possession under this section — (a) they shall before withdrawing (except where the withdrawal is required by the owner of the land) give the prescribed notice in writing of their intention to the person then entitled to resume occupation oft he land, and such notice shall be given not less than three months previously to the withdrawal by the Board, and 5< shall expire on one of the half-}'early days customary in the district where the land is situate ; and (b) they may recover from the person then entitled to resume occupation of the land such amount as repre- sents the value to him of all acts of cultivation or adaptation for cultivation executed by the Board ; and (c) the land shall be subject to any tenancy created by the Board in like manner as if the tenancy had been created by the person who would but for the tenancy have been entitled to resume occupation of the land. (9) Any person who is interested in any land in respect of which any notice is served or order made under this section or of which possession is taken under this section, and who suffers any loss by reason of the exercise of the powers con- ferred by this section shall, if he makes a claim for the purpose before the expiration of such period, not being less than one year, after the exercise of the powers as may be prescribed by the Board, be entitled to be paid by the Board such amount or amounts by way of periodical payments or other- wise as may represent the loss. (10) The amount recoverable or payable by the Board under subsection (8) or subsection (9) of this section shall be determined in each case in default of agreement by arbitra- tion under this Part of this Act. 10. — (1) The Board of Agriculture and Fisheries may in protection of any case where they are satisfiec! that crops, trees or pastur- crops, &c., age are being damaged by reason of the failure of an occupier from damage of land to destroy sufficiently the rabbits or vermin on the ^y i^bbits land in his occupation, after giving to the occupier and owner such opportunity of destroying the rabbits or vermin as in the opinion of the Board is reasonable, authorise in ^\ riting any person to enter on the land and kill and take the rabbits or vermin thereon, and the Board may recover from the occupier, summarily as a civil debt, the net cost incurred by the Board in conection with the action so taken. (2) Any person acting under an authority given by the Board under this section shall, if so required, produce his authority, and if any person obstructs any person so autho- rised in the exercise of his powers or duties under this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds. (3) The person entitled to kill rabbits or vermin on any common land shall for the purpose of this section be deemed to be the occupier of the land. ?incl vermin. 58 General 11.— (I) Arbitrations untU'r this Part of this Act shall be provisions before a single arbitrator under and in accordance with the Part' iV ^ '^ provisions of the Second Schedule to the Agricultural Holdings Act, 1908 : Provided that the arbitrator shall be nominated, in default of agreement, by the President of the Surveyors' Institution. (2) The Board may, with respect to any area consisting of one or more counties or county boroughs, authorise any body of persons constituted in the prescribed manner, to exercise on behalf of the Board, subject to such appeal to the Board as may be pvescribed, any of the powers of the Brard under this Part of this Act, and may if they think fit prescribe the procedure and the method of authentication of any notice or other instrument issued by any such body : Provided that the regulations shall provide that the body so constituted shall in the first instance consist of or comprise the persons who immediately before this Part of this Act comes into operation were acting as members of the War Agricultural Executive Committees, if any, constituted under the Defence of the Realm Regulations for the counties and county boroughs comprised in the area. (3) The powers under the Defence of the Realm regula- tions exerciseable by the Board of Agriculture and Fisheries with a view to maintaining the food supply of the country with respect to the matters dealt with in this Part of this Act shall cease to operate at the expiration of one year from the passing of this Act, or at the termination of the present war, whichever is the earlier, and thereupon this Part of this Act shall come into operation. (4) In this Part of this Act the expression '" prescribed " means prescribed by regulations made by the Board. Part V. CtENERAL. Regulations. 12. — (1) The Board of Agriculture and Fisheries shall, in addition to any special power to make regulations given to them under this Act, have power to make regulations generally for the purposes of carrying this Act into effect, and in particular — (a) for prescribing the manner in which claims for payment under Part I. of this Act are to be made, and the evidence to be required in support of any such claim ; and (6) for requiring the Agricultural Wages Board to define the benefits or advantages (not being benefits or 59 iidvantagos prohibited by law) wliich may bo reckoned ^s pavmeiat of wages in lieu of payment in cash, and the value at which they are to be so reckoned, and for enabling the Agricultural Wages Board t-o limit •or prohibit the reckoning of benefits or advantages as payment of wages in lieu of cash, and for enabling the Agricultural Wages Board, on the application of any employer or workman, to determine any question which may arise as to the value of any such benefits or advantages, or generally as to any contract of employment so far as the application of the provisions of this Act theieto is concerned ; and (c) for rec{u.iring the Agricultural Wages Board to define for the purposes of any differential rate for overtime the employment which is to be treated as overtime employment. (2) Any regulation made under this Act shall be laid before ■each House of Parliament forthwith, and if an Address is presented to His Majesty by either House of Parliament within the next subsequent twenty-eight days on v*^hich that House has sat after any such regulation is laid before it praying that the regulation may be annulled, His Majesty in Council may annul the regulation, and it shall thenceforth "be void, but without prejudice to the validity of an}'thing previously done thereunder. 13. — Any person authorised in that behalf by the Board of po„.pj.g ^f Agriculture and Fisheries, or by any body of persons exer- entry and ■cising any powers of the Board on their behalf, may, for the inspection, purpose of carrying this Act into effect, on the production (if so required) of his authority, enter on and inspect any land. The occupier shall in all such cases be served with notice of the date on which the inspection is to take place. If any person prevents or obstructs the entry, for the purpose of this Act, upon any land of any person authorised under this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds. 14-. — (1) The Board of Agriculture and Fisheries may appoint such officers as they think necessary for the purpose of investigating complaints and otherwise securing the proper observance of Part II. of this Act, and any officer so appointed shall, if the Board of Agriculture and Fisheries so determine, act under the directions of the Agricultural Wages Board. (2) Any officer so appointed shall have power— (a) to require the production of and to inspect and take copies of wages sheets or other records of wages paid to workmen emploj-ed in agriculture ; Appointment and powers of officers. 60 {b) to re juire the employer of any such workman to give any information which it is in his power to give with respect to the employment of the workman or the wages paid to him. (3) If any person refuses to produce any document or give any information which any officer requires him to produce or give under this section, or produces or gives to any officer acting in the exercise of the powers given by this section, any document or information knowing the same to be false, he shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months with or without hard labour. Power to 15. — (1) The Board of Agriculture and Fisheries may, in require order to obtain such information as is necessary for the agncu ura purpose o' the proper exercise by the Board of their powers returns. '- -.'^ , ■ ^ , \ , ■ i ,i • i- under this Act, by notice served on the occupier ot any agri- cultural land or the person having the management of any such land, require him to make, within such time and in such form and to such person as the Board may prescribe, a return in writing with respect to the cultivation of that land, the crops and live stock thereon, and the owner thereof. (2) No individual return or part of a return made under this section shall be published or disclosed except for the purposes of a prosecution or other proceedings under this Act. (3) If any person — - («) refuses or without lawful excuse neglects to make a return under this section to the best of his knowledge and belief ; or (6) makes or causes to be made a return which is false in any particular ; or (c) discloses or publishes contrary to the provisions of this section any individual return, or part of a return ; he shall be liable on summary conviction to a fine not exceeding twenty pounds, or, if the court is of opinion that the ofience was committed wilfully, to imprisonment, with or without hard labour, for a period not exceeding three months. Provision of 16. — Any expenses incurred by the Board of Agriculture mmey. and Fisheries in meeting payments under this Act, and any expenses of that Board or of any other Department or body to whom any powers or duties aie entrusted under or in pursuance of this Act, and any expenses of the Agricultural Wages Board or any district committees thereof, including any expenses incurred with the consent of the Board of Agriculture and Fisheries by any members thereof in the 61 performance of their duties, and any sums paid with such consent to any such members by way of compensation for loss of time, in each case, up to an amount approved by the Treasury, shall be defrayed out of moneys provided by Parliament. 17. — (1) For the purposes of this Act — (a) the expression " agriculture " includes the use of Definitions, land as grazing, meadow, or pasture land, or orchard, &c. or osier land, or woodland, or for market gardens or nursery grounds, and the expression " agiicultural " shall be construed accordingly ; f nd (b) the expression " cultivation " includes use for grazing, meadow, or pasture ; and the expression " cultivate " has a corresponding meaning ; and (c) the expression " workmen " includes, boys, women, and girls ; and {(I) the expression " employm.ent " means employ- ment under a contract of service or apprenticeship, and the expressions " employ " and '" employer " shall be construed accordingly ; and (e) the expression " quarter " means, in the case of wheat, four hundred and eighty imperial pounds, and in the case of oats three hundred and twelve imperial pounds. (2) Any notice under this Act may be served on the person to whom it is to be given either personally or by registered post. 18.— (1) This Act shall apply to Scotland with the following modifications : — (a) The Board of Agriculture for Scotland shall be substituted for the Board of Agriculture and Fisheries ; (h) Subsection (1) of the section of this Act relating to the establishment of a Wages Board shall not apply to Scotland, and in lieu thereof the provisions contained in the Second Schedule of this Act shall be deemed to be incorporated in Part II. of this Act ; (c) The Agricultural Holdings (Scotland) Act, 1908, shall be substituted for the Agricultural Holdings Act, 1908: Pro\dded that where under this Act the Board of Agriculture for Scotland is a party to an arbitration, the sheriff principal of the sheriffdom in which the land affected is situate shall, in the Second Schedule to the first-mentioned Act, be substituted for the Board ; Application to Scotland and Ireland. S Edw, c. 04. 62 {(1) The slierif! principal of the sheriffdom in which the land affected is situate shall be substituted for the President of the .Surveyors' Institution, and an agri- cultural executive committee and the d'strict thereof, shall, respectively, be substituted for a war agricultural executive committee constituted under tlie Defence of the Eealm Regulations, and a county or county borough ; (e) The Edinburgh Gazette shall be substituted for the London Gazette ; (/) Part III. of this Act shall have effect subject to- and without prejudice to the provisions of the 8mall Landholders (Scotland) Acts, 1886 to 1911, and in fixing the rent of a holding the h'cottish Land Court shall not take into consideration the operation of Part I. or Part II. of this Act : (g) The provisions of Pai-t IV. of this Act with respect to the determinatioia of tenancies shall not apply to land in the occupation of a landholder or a statutory small tenant under the Small Lannholders (Scotland) Acts, 1886 to 1911, but the powers of entering on and taking possession of land and cultivating the land, or adapting it for cultivation, conferred by this Act may, not with- standing anything in Part lY. of this Act, be exercised in respect of land in such occupation ; and (h) Where a tenant of shootings is, or under the opera- tion of Part IV. of this Act becomes, the only tenant of land, the owner of the land shall for the purposes- of the said Part IV., if the Board of Agriculture for Scotland so by order decide, be deemed to be the occupier thereof, and the Board's power to suspend any covenant or condition of the contract of tenancy shall in such case be deemed to include a power to deter- mine the tenancy or any such covenant or condition and to make such provisions as the Board think fit for the adjustment of the relations of landlord and tenant. (2) This Act shall apply to Ireknd ^^^th the following modifications : — (a) Refertixces to the Board of Agriculture and Fisheries shall be construed as references to the Depart- ment of Agriculture and Technical Instruction for Ireland ; (b) A separate Agricultural Wages Board shall be established for Ireland ; and the separate Board so established shall be substituted for the Agricultural Wages Board ; the provision as to wages at the late 63 of at least twenty-five shillings a w eek, and the provi- sions as to the retrospective effect oi a minimum rate of wages for able-bodied men shall not apply, except that the Agricultural Wages Board for Ireland in fixing a mininium rate of wages for able-bodied men may, if they think proper, direct that the rate so fixed shall operate as from such earlier date as may be specified by them, not being a date prior to the passing of this Act, and in that event the last-mentioned provisions shall applv as respects that rate with the substitution of a reference to the date so specified for the refererce to the commencement of this Act ; (c) Where a person other than the occupier was, on the first day of September in the year in which wheat or oats were produced, entitled under a conacre agree- ment to the use of the land on which they were produced, that person shall be substituted for the occupier for the purpose of an}' payments in respect of the wheat or oats under Part I. of this Act ; (d) Questions and amounts requiring to be deter- mined for the purposes of Part III. or Part IV. of this Act shall be determined by the Irish Land Commission on the application of any person interested instead of by arbitration, and the poweis and jurisdiction exercise- able by the Land Commission in relation to applications under the Land I-aw (Ireland) Acts may be exercised by the Land Commission in i-elation to any applications under this provision ; (e) Part III. of this Act in its application to Ireland shall have effect subject and without prejudice to the provisions of the Land Law (Ireland) Acts, and, in fixing the judicial rent of a holding after the passing of this Act, the court shall not take into consideration the operation of Part I. or Part II. of this Act as respects the holding or tenant. Proceedings by way of eject- ment for non-payment of rent shall te deemed to be proceedings for enforcing payment of rent witliin the meaning of Part III. of this Act ; (f) Part IV. of this Act in its application to Ireland shall have efltect subject to the following further modi- fications : — (i) the powei's of entering on and taking posses- sion of land and cultivating the land or otherwise dealing with it may be exercised whether the occupier in default is or is not a tenant ; (ii) the provisions of subsection (3) of section eleven shall not aj^ply ; and lion. 64 (iii) the provisions with respect to the determina- tion of tenancies shall not apply ; For the purpose of enforcing proper cultivation of land in Ireland the additional provisions set out in the Third Schedule to this Act shall have effect as if they were included in Part IV. of this Act ; {(j) The Dublin Gazette shall be substituted for the London Gazette. Short title 19. — (1) This Act may be cited as the Corn Production and dura- Act, 1917. (2) This Act shall, except as otherwise provided, come into operation at the date of the passing of this Act and shall continue in force u.ntil the end of the year nineteen hundred and twenty-two, and no longer, unless meanwhile Parlia- ment makes provision for the continuation thereof, but the expiration of this Act shall not affect the right to any pay- ments under Part I. of this Act in respect of wheat and oats of that year or any previous year, or any rights, privileges, obligations, or liabilities acquired, accrued, or incurred under this Act before the date of the expiration thereof, or any penalty, forfeiture, or punishment incurred in respect of any offence committed under this Act before that date, or in respect of any statement or representation made in con- nection with a claim under this Act, whether the statement, representation, or claim was made before or after that date 65 SCHEDULES. FIRST SCHEDULE. Sections 11, 12, 13, and 17 of the Trade Boards Act, S. 5 (l). 1909. Constitution, Proceedings, &c., oj Wages Board. 11. — (1) The Board of Agriculture and Fisheries may make regulations with respect to the constitution of the Agricultural Wages Board, which shall consist of members p„„ .;.,-• „ o . o - Constitution representing employers and members representmg workmen j^jj^^ proceed- (in this Act referred to as representative members) in equal ings of the proportions and of the appointed members. Agricultural . Wp-ecs * * * * * -D 1 Board. (2) Women shall be eligible as members of the Agri- cultural Wages Board as well as men. (3) The representative members shall be elected or nomi- nated by the Board of Agriculture and Fisheries or otherwise, or partly elected and partly so nominated, as may be provided by the regulations. ***** (4) The chairman of the Agricultural Wages Board shall be such one of the members as the Board of Agriculture and Fisheries may appoint, and the secretary of the Agricultural Wages Board shall be appointed by the Board of Agriculture and Fisheries. (5) The proceedings of the Agricultural Wages Board :shall not be invalidated by any vacancy in their number, or by any defect in the appointment, election, or nomination •of any member. (6) In order to constitute a meeting of the Agricultural Wages Board, at least one-third of the whole number of the representative members and at least one appointed member must be present. (7) The Board of Agriculture and Fisheries may make regulations with respect to the proceedings and meetings of the Agricultural Wages Board, including the method of voting ; but subject to the provisions of this Act and to any regulations so made the Agricultural Wages Board may regulate their proceedings in such manner as they think fit. 12.— (1) The Agricultural Wages Board may, and if so Eitablish. required by the Board of Agriculture and Fisheries shall, Ij^g^r^.^ -establish district wages committees consisting, subject as ^vagcs com- hereinafter provided, of persons representing employers or mittecB. 66 workers engaged in agriculture and constituted in accordance with regulations made for the purpose by the Board of Agriculture and Fisheries, and acting for such area as the Agricultural Wages Board may determine. (2) Provision shall be made by the regidations for at least one member of the Agricultural Wages Board or other person nominated by the Board of Agriculture and Fisheries acting as a member of each district wages committee, and for the equal representation of local employers and local workmen on the committee. (3) The Agricultural Wages Board may refer to a district wages committee for their report and recommendations any matter which they think it expedient so to refer, and may also, if they think fit, delegate to a district wages committee any of their powers and duties under this Act other than their power and duty to fix minimum rates of wages, and, subject to regulations made by the Board of Agriculture and Fisheries, authorise any such distirict wages committee to delegate to a sub-committee thereof any of the powers so delegated to the committee. (4) Where a district wages committee has been established for any area, it shall be the duty of the committee to re- commend to the Agricultural Wages Board, minimum rates of wages . . . applicable to . . . that area, and no such minimum rate of wages fixed under this Act, and no variation or cancellation of such a rate, shall have effect within that area unless either the rate or the variation or cancellation thereof, as the case may be, has been recom- mended by the district wages committee, or an opportunity has been given to the committee to report thereon to the Agricultural Wages Board, and the Agricultural Wages Board have considered the report (if any) made by the committee. Appointed 13. — (1) The Board of Agriculture and Fisheries may mi-inb«Ts of appoint such number of persons (including women) as they tural Wac'es ^1'"^^ fit to be appointed members of the Agricultural Boanl ° Wages Board or to act as members of district wages com- mittees : Provided that the number of persons so appointed shall not exceed one quarter of th*^ total number of members of the Agricultural Wages Board or of any district wages committee. fa^kTInd 17.- (1) Any ofEcer appointed by the Board of Agricul- conduct pro- t^^^e and Fisheries under this Act, and any officer of any ceedings. Government Department for the time being assisting in 67 carrying this Act iuto efToct, shall have power in pursuance of any special or general directions of the Board of Agri- culture and Fisheries to take proceedings under this Act, and the Agricultural Wages Board may also take any such proceedings in the name of any officer appointed by the Board of Agriculture and Fisheries for the time being acting under the directions of the Agricultural Wages Board in pursuance of this Act, or in the name of their secretary or any of their officers authorised by them. (2) Any officer appointed by the Board of Agriculture and Fisheries under this Act, or any officer of any Government Department for the time being assisting iz\ carrying this Act into effect, and the secretary of the Agricultural Wages Board, or any officer of the Agricultural Wages Board authorised for the purpose, may, although not a counsel or solicitor or law agent, prosecute or conduct before a court of summary jurisdiction anv proceedings arising under this Act. ***** In the application of this S':'heclule to Ireland, references t J the Board of Agriculture and Fisheries shall be construed as references to the Department of Agriculture and Techni- cal Instruction for Ireland, and references to the Agricultural Wages Board shall be construed as references to the Agri- cultural Wages Board for Ireland. SECOND SCHEDULE. Constitution of Agricultural Wages Committees in S. 18(1) (6). Scotland. 1. The Board of Agriculture for Scotland (in this Schedule referred to as the Board) may from time to time divide Scotland into districts and combinations of districts, and fix such districts and combinations for the purposes of this Schedule. 2. Where and so long as the Board are satisfied that in any district fixed by them a representative joint committee, comprising a chairman and representatives of emplovers of agricultural labour and of workmen employed in agriculture in equal numbers, exists for purposes which include the fixing of minimum rates of wages for workmen emploved in agriculture, the Board may recognise and certify that committee as a district wages committee for the district. 3. Where in any district, after a date to be fixed by the Board, the Board are satisfied that no representative joint committee as aforesaid exists in the district, the Board may proceed to nominate a joint committee, constituted 68 as aforesaid, for the district and the committee so nominated shall be certified by the Board as the district wages committee for the district : Provided that the Board may require any committee so nominated to demit office if at any time they are satisfied that a representative joint committee exists in the district in terms of the immediately preceding paragraph. 4. The Board shall, for the purpose of constituting a central agricultural wages committee for Scotland (herein- after referred to as " the central committee "), combine districts so as to foim five combination districts from eacl) of which two representatives of district wages committees within the combination, one of whom shall represen employers and the other workmen, shall be elected by the district committees under a scheme prescribed by the Board. The Board shall appoint a chairman and a secretary for the central wages committee and may appoint two women as additional members thereof. The ten elected members, with the chairman and any additional members appointed by the Board, shall constituted the central committee. 5. Subject as hereinafter provided, a district wages committee shall, within its district, have the powers and duties conferred and imposed on the Agricultural Wages Board by or under this Act, except any of such powers and duties which the Board may by regulation reserve to and confer and impose on the central committee, and references in this Act to the Agricultural Wages Board shall be construed accordingly as references to district wages com- mittees or the central committee, as the case may be. 6. Every decision of a district wages committee fixing a minimum rate of wages shall be reported to the central committee and to the Board, and if the central committee do not disallow the same within a period to be prescribed by the Board, the minimum rate so fixed shall be deemed to be the minimum rate fixed under this Act. 7. Where a district wages committee fail within a period to be prescribed by the Board to fix minimum rates of wages for time work wuthin the district, the Board shall refer the question of fixing such rates to the central committee, and thereupon the powers and duties of the district wages committee to fix such rates shall, so far as required for the purposes of the reference, be transferred to the central committee, and any rate fixed under such a reference by the central committee after consultation with the district wages committee shall be deemed to be the minimum rate fixed under this Act. 8. Any other question within their jurisdiction under this Act on which a district wages committee fail to agree shall, if the representatives of the employers or the representatives 69 of the workmen on the committee so request in writing, be referred to the central committee by the district wages committee for decision, and any decision by the central committee on such a reference shall be reported to the Board and shall have the like effect and validity as if it were the decision of the district wages committee. 9. The Board may by regulation prescribe the tenure of office and procedure of a district wages committee, so far as certified for the purposes of this Act, and of the central com.mittee and its chairman' and officers, and make other necessary provision for the efficient conduct of their business including provision as to sub-committees and the authenti- cation of any notice, finding, or other instrument issued by them respectively. THIED SCHEDULE. Additioxal Provisioxs for the Exforcemext of Proper s 18 {2)](/), CULTIVATIOX OF LaXD IN IrELAXD. 1. It shall be the duty of every occupier of arable land to cultivate and maintain in cultivation a portion of the arable land held by him (in this Schedule referred to as the '■ holding "), not less in extent than the minimum tillage portion as prescribed by an order of the Department of Agriculture and Technical Instruction for Ireland made under this Schedule and applying to the holding for the time being : Provided that no occupier shall be required by virtue of any such order to cultivate more than one-half of the area of his holding. 2. The Departmnt of Agriculture and Technical Instruc- tion for Ireland (in this Schedule referred to as the "' Depart- ment ") may make orders for the purpose of prescribing the minimum tillage portion of holdings, and may make any such order so as to apply to all holdings throughout Ireland, or to all holdings in any area specified in the order, or to any class or classes of holdings specified in the order whether throughout Ireland or in any area so specified, subject in each case to any exceptions which may be made by or under the order, or so as to apply to any particular holding or holdings. 3. If in any year the occupier of a holding fails to cultivate the minimum tillage portion of the holding, the Department, after affording him an opportunity of being heard in such manner as may be prescribed by regulations under this Act, 70 shall ascertain how much of the minimum tillage portion he has failed without reasonable cause to cultivate, and subject to the provisions of the next following article of this Schedule shall specily in a certificate under their seal the acreage thereof and the amount which, in their opinion, ought to be paid by way of penalty in respect of such failui-e as aforesaid, not exceeding five pounds for each acre, of the acreage specified in the certificate and not exceeding a proportionate amount for any fraction of an acre so specified. Upon the making of the certificate the occupier shall become liable to pay to the Department on demand the amount specified therein as aforesaid, and the certificate shall be conclusive evidence of such liability. Where there has been a change of occupiers during the year, the amount shall be payable by the person who was occupier at the end of the year. 4. The Department before making any such certificate shall send a draft thereof to the occupier, and if the occupier within the prescribed time and in the prescribed manner serves a notice of objection to the draft certificate, any questions raised by the notice as to the making of the certificate or as to the particulars specified in the draft, shall be referred to a tribunal designated or constituted by or in accordance with regulations under this Act, and pro- vision shall be made by those regulations for the hearing and determination by the tribunal of the questions so referred to them with power to postpone or stay the making of a certifi- cate or to vary the draft certificate in such manner as seems proper, and generally for regulating the procedure on any such objection. The certificate shall not be made whilst any objection to the draft certificate is pending before the tribunal, and effect shall be given by the Department to any rulings of the tribunal, and, where the draft certificate is varied by the tribunal, the certificate if made by the Department shall be made in accordance with the draft as so varied and not otherwise. 5. Any sum payable to the Department under this Schedule shall, irrespective of the amount, be recoverable by the Department by ordinary civil bill before the county court judge of any county in which the holding or any part thereof is situated, and the decision of the county court judge shall be final. Any such sum, when received or recovered by the Depart- ment, shall be applied by them for the purposes of agriculture and other rural industries within or in connection with the county or counties in which the holding is situated. 71 6. The powers of the Department under this Schedule shall be in addition to and not in substitution for their other powers for the enforcement of proper cultivation under this Act and all such powers may be exercised concurrently. 7. No penalty by way of increase of rent or otherwise shall be incurred by any tenant under any contract of tenancy in respect of any acts of cultivation which may be necessary in order to comply with the requirements of this Schedule. 8. For the purpose of this Schedule, except where the context otherwise requires — • (a) the expression ' ' cultivation ' ' means tillage, and the expression " cultivate " has a corresponding meaning : Provided that land used for grazing, meadow, or pasture in any year shall be deemed to be cultivated in that year if it was tilled in either of the two years last preceding that year ; (b) the expression " prescribed " means prescribed by regulations under this Act ; and (c) the expression " arable " means capable of being tilled. 72 LANDLORD AND TENANT - AGRICULTURAL HOLDINGS ACT, 1908 SECOND SCHEDULE. RULES AS TO ARBITEATION. Appointment of Arbitrator. Appointment 1. A person agreed upon between the parties, or in of Arbitrator, default of agreement nominated by the Board on the application in writing of either of the parties, shall be appointed arbitrator. Death of 2. If a person appointed arbitrator dies, or is incapable Arbitrator. of acting, or for seven days after notice from either party requiring him to act fails to act, a new arbitrator may be appointed as if no arbitrator had been appointed. Appointment 3. Neither party shall have power to revoke the appoint- irrevocable. ment of the arbitrator without the consent of the other party. Writing 4. Every appointment, notice, revocation, and consent necessary. under this part of these rules must be in writing. Time for Award. Time for 5. The arbitrator shall make and sign his award within award. twenty-eight days of his appointment or within such longer period as the Board may (whether the time for making the award has expired or not) direct. Removal of Arbitrator. Misconduct 6. Where an arbitrator has misconducted himself the of Arbitrr.tor, county court may remove him. 73 Evidence. 7. The parties to the arbitration, and all persons claiming Evidence on through them respectively, shall, subject to any legal o^th or objection, submit to be examined by the arbitrator, on affirmation, oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrator all samples, books, deeds, papers, accounts, writings, and documents, within their possession or power respec- tively, which may be required or called for, and do all other things which during the proceedings the arbitrator may require. 8. The arbitrator shall have power to administer oaths, Power to and to take the affirmation of parties and witnesses appear- administer ing, and witnesses shall, if the arbitrator thinks fit, be °^ ^' examined on oath or affirmation. Statement of Case. 9. The arbitrator may at any stage of the proceedings, and shall if so directed by the judge of the county cotirt (which direction may be given on the application of either party), state in the form on a special case for the opinion of that court any question of law arising in the course of the arbitration. Question of law. Award. 10. The arbitrator shall, on the application of either Particulars party, specify the amount awarded in respect of any in award, particular improvement or any particular matter the subject of the award, and the award shall fix a day not sooner than one month or later than two months after the delivery of the award for the payment of the money awarded as compensation, costs, or otherwise, and shall be in such form as may be prescribed by the Board. 11. The award to be made by the arbitrator shall be Award final, final and binding on the parties and the persons claiming under them respectively. 12. The arbitrator may correct in an award any clerical Corrections mistake or error arising from any accidental slip or omission, in award 13. When an arbitrator has misconducted himself, or Setting f.ward an arbitration or award has been improperly procured, ^s'^^' the county court may set the award aside. 74 Costs. Costs in discretion arbitrator. 14. The costs of and incidental to the arbitration and °^ award shall be in the discretion of the arbitrator, who may direct to and by whom and in what manner these costs or any part thereof are to be paid, and the costs shall be subject to taxation by the registrar of the county court on the application of either party, but that taxation shall be subject to review by the judge of the county court. Matters to be considered in awarding costs 15. The arbitrator shall, in awarding costs, take into consideration the reasonableness or unreasonableness of the claim of either party, either in lespect of amount or otherwise, and any unreasonable demand for particulars or refusal to supply particulars, and generally all the circumstances of the case, and may disallow the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily. Forms. 16. Any forms for proceedings in arbitrations under this Act which may be prescribed by the Board shall, if used, be sufficient. 75 A.W. 2. CORN PRODUCTION ACT, 1917. Memorandum Explaining the Principal Provisions OF THE Corn Production Act, 1917, as Regards Agricultural Wages in England and Wales. This Memorandum is intended for the information of persons engaged in Agriculture who are affected b they provisions of the Corn Production Act relating to minimum rates of wages. It gives a general idea of the main pro- visions of the Act in this respect, but it must not be regarded as a full and authoritative interpretation of the measure. The Act itself should be consulted in the case of any dispute or uncertainty. The main provisions of the Act relating to minimum rates of wages in England and Wales are set out in Part II. (Sections 4, 5, 6 and 7), and the First Schedule to the Act. Certain ■definitions and additional provisions are contained in Part V. (Sections 12, 14, 16 and 17). Special provisions as to minimum rates of wages in Scotland and Ireland are con- tained in Section 18 and in the Second and Third Schedules to the Act. Agricultural Wages Board. 1. The Act provides for the establishment by the Board of Agriculture and Fisheries, after consultation with the Minister of Labour, of an Agricultural Wages Board for England and Wales. The main object for which the Wages Board is established is the fixing of minimum rates of wages for " workmen " employed in Agriculture, that is to say, rates of wages which, in the opinion of the Wages Board, are the lowest which ought to be paid to '' workmen " in the district for which the rates are fixed. The term " work- men "' includes boys, women, and girls and employment in Agriculture includes work not only on farms, but also on osier land, woodland, orchards, market gardens and nursery grounds. 2. The minimum rates when fixed will be legally payable AS explained below. 76 Constitution of the Wages Board. 3. The Wages Board will consist of three classes of persons : (a) " appointed members," that is to say, persons directly appointed by the Board of Agriculture and Fisheries who are not necessarily engaged in Agriculture but are expected to form an impartial judgment as between employers' and workers' interests ; (b) members representing employers ; and (c) members representing workers. 4. Women are eligible as members of the Wages Board as well as men. 5. The numbers of appointed and of representative members of the Wages Board will be fixed by Regulations made by the Board of Agriculture and Fisheries, and those Regulations will also settle the methods of choosing members to represent employers and members to represent workers respectively. The Chairman and Secretary of the Wages Board will be appointed by the Board of Agriculture and Fisheries. 6. The members representing employers and the members representing workers must be equal in number. The appointed members must not be greater in number than one quarter of the total number of members of the Wages Board. Minimum Rates of Wages. 7. It will be the duty of the Wages Board to fix minimum rates of wages for time-work for all classes of workers, and they may, if they think it necessary or expedient, also fix minimum rates of wages for piece-work. These rates, whether for time-work or for piece-work, may be fixed so as to apply universally to workers employed in agri- culture, or they may be difierent for different districts, or for different classes of workers, or for different kinds and conditions of employment. In the case of able-bodied, men, the minimum rates fixed for time-work must be such as will secure wages which, in the opinion of the Wages Board, are equivalent to payment for an ordinary day's work at a rate of at least 25s. a week. This provision does not apply in the case of boys, women and girls. In com- puting the wages, the value of such customary allowances as are not prohibited by law may be included in so far as the Wages Board may authorise and on a basis of value to be fixed by the Wages Board. Deductions from cash wages in respect of an allowance of intoxicating drink are illegal under the Truck Acts. 77 8. In fixing minimum rates, whether for time-work or for piece-work, the Wages Board are required by the Act to secure, so far as practicable, for able-bodied men such wages as are in the opinion of the Wages Board adequate to promote efficiency and to enable a man in an ordinary case to maintain himself and his family in accordance with such standard of comfort as may be reasonable in relation to the nature of his occupation. 9. Any minimum rates fixed under the Act will he without prejudice to the payment, under any agreement entered into or custom existing before the passing of the Act, of rates higher than the minimum rates. 10. The term " able-bodied " means any male workman who is not incapable by reason of age, or mental or other infirmity, or physical injury, of performing the work of a normally efficient workman. Precedure in Fixing Minimum Rates. 11. Before fixing any minimum rate of wages the Wages Board must give notice of the rate which they propose to fix, and must consider any objections which may be lodged with them within one month ; and when a rate has been fixed, notice of such rate must be given by the Wages Board for the information of the employers and workers affected. 2. The Wages Board may, if they think it expedient, after due notice, cancel or vary any minimum rate fixed by them, and must reconsider any rate if directed to do so by the Board of Agriculture and Fisheries. Enforcement of Minimum Rates of Wages. 13. When a minimum rate of wages has been fixed, any agreement for the payment or acceptance of wages at less than the minimum rate is void, and payment of wages at less than the minimum rate renders the employer liable to a fine of not more than £20, and to a fine not exceeding £1 for each day on which the offence is continued after conviction therefor, unless he proves that he did not know and could not with reasonable diligence have ascertained that the wages paid were at a rate less than the minimum rate. 14. In cases, however, where the Wages Board are satisfied that a worker on time-work is affected by any mental or other infirmity or physical in ury which renders him 7« incapable of earning the minimum time-rate applicable, they may grant the worker a Permit of Exemption : and so long as any conditions prescribed by the Wages Board on the grant of the Permit are complied with, the employer is not liable to penalty for paying the worker wages at less than the minimum rate. 15. Where legal proceedings are taken against an em- ployer for the payment of a worker at less than the minimum rate, the Court may, whether they convict the employer or not, require him to pay to the worker any arrears of wages which may appear to the Court to be due to the worker by reason of his having been paid at less than the minimum rate. 16. Any worker may complain, or may authorise another person to complain, to the Wages Board that he is being paid wages at less than the minimum rate fixed by the Wages Board, and the Wages Board may, if they think fit, take proceedings on behalf of the worker, either for the recovery of the arrears of wages due to the worker or by way of prosecution of the employer. 17. Moreover, a worker may take proceedings on his own behalf for the recovery as a civil debt of any arrears of wages which may be due to him in respect of his payment at less than the minimum rate. 18. Where a worker is employed on piece-work and a minimum time-rate, but no minimum piece-rate, has been fixed by the Wages Board for the work on which he is employed, the worker may complain, or may authorise another person on his behalf to complain to the Wages Board that the piece-rate paid to him is so low that the earnings of an ordinary workman paid at such rate would be less than he would have earned for the same work at the minimum time-rate applicable to the case, and the Wages Board in that case may direct the employer to pay the difference. The worker may recover from the employer summarily as a civil debt any sum which the Wages Board so direct to be paid. 19. Officers may be appointed by the Board of Agriculture and Fisheries for the purpose of investigating complaints and otherwise securing the proper observance of the pro- visions of the Act relating to minimum rates of wages. 20. These Officers have power to require the production of wages sheets and other relevant information. 21. Persons who refuse to produce documents or give information which the Officers have power to require, or knowingly furnish the Officers with false wages sheets or 79 other false information, are liable, on conviction, to a fine not exceeding £20, or to imprisonment for not more than three months with or without hard labour. The Officers have power, in pursuance of directions of the Board of Agriculture and Fisheries, to take legal proceedings for the enforcement of the Act. District Wages Committees. 22. The Wages Board may, and if required by the Board of Agriculture and Fisheries must establish District Wages Committees to act for such areas as the Wages Board may determine. Any District Wages Committees established will consist of representatives of employers and of workers and also of such persons as the Board of Agriculture and Fisheries may appoint. Their composition is settled by Eegulations made by the Board of Agriculture and Fisheries. There will be equal representation, on a District Committee, of local employers and local workers, and at least one member of the Wages Board or other person nominated by the Board of Agriculture and Fisheries will act on each District Committee. 23. It is the duty of District Wages Committees to recom- mend to the Wages Board minimum rates of wages applicable to their districts. Minimum rates of wages can only be fixed, varied or cancelled by the Wages Board itself, but no minimum rate fixed to apply to an area for which a District Wages Committee has been established, and no variation or cancellation of such rate, can have ef!ect in that area unless the District Wages Committee has either recommended the rate or its variation or cancellation, or has had an opportunity of reporting thereon to the Wages Board. 24. The Wages Board may refer any matter to a District Committee for report and recommendation, and may also delegate to a District Committee any of their powers and duties (other than their power and duty to fix minimum rates of wages). They may also authorise a District Wages Committee to delegate any such powers to a sub-committee. Among the powers which may be so delegated is that of issuing Permits of Exemption to non-able-bodied workmen. Expenses and Remuneration of Members. 25. Expenses incurred with the consent of the Board of Agriculture and Fisheries by members of the Wages Board or a District Committee and sums paid with such consent to members by way of compensation for loss of time, will be paid out of public funds. 80 Provisions of the Act now in Force. 26. Some time must necessarily elapse before the Wages Board and District Committees are set up and the above provisions come into operation. In the meantime an able-bodied man emploi/ed on time-work (but no other class of worker to whom Part II. of the Act applies) who since the commencement of the Act, viz., the 21st August, 1917, has received payment of wages (including allowances) at a rate which, in the opinion of the Court, is less than the equivalent for an ordinary day's work of 25s. a week, will be entitled to recover the difference from his employer as a civil debt, at any time within three months after the minimum is fixed. The value of allowances in such cases will, in case of dispute, be determined by the Court. It is advisable, therefore, that employers should at once arrange to pay all able-bodied men employed in Agriculture on time-work, wages for an ordinary day's work equivalent to at least 25s. per week, and should provisionally agree with such workers as to the customary or reasonable value of any allowances which are reckoned as part payment of wages. It is illegal under the Truck Acts to reckon beer or cider or other intoxicants as allowances in part payment of wages. Copies of the Act (price 3d., or by post 4d.) and of any Regulations made under it may be purchased either direct or through any bookseller from H.M. Stationery Office, Imperial House, Kingsway, London, W.C.2. Board of Agriculture and Fisheries, September, 1917. Printed by Vacher