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TRUCK AMENDMENT ACT 1887

TRUCK AMENDMENT ACT 1887 - LONG TITLE

An Act to amend and extend the Law relating to Truck.{1}
[16th September 1887]
Short title

TRUCK AMENDMENT ACT 1887 - SECT 1

1. This Act may be cited as the Truck Amendment Act, 1887.
PS0800The Truck Act, 1831 (in this Act referred to as the principal
Act), and this Act may be cited together as the Truck Acts, 1831
and 1887, and shall be construed together as one Act.]

TRUCK AMENDMENT ACT 1887 - SECT 2
Application of principal Act to workmen.

2. The provisions of the principal Act shall extend to, apply to,
and include any workman..., and the expression "artificer" in the
principal Act shall be construed to include every workman..., and
all provisions and enactments in the principal Act inconsistent
herewith are hereby repealed.

[In this section "workman" does not include a seaman or a domestic
or menial servant but means any other person who, being a labourer,
servant in husbandry, journeyman, artificer, handicraftsman, miner, or
otherwise engaged in manual labour, whether under the age of
eighteen years or above that age, has entered into or works under
a contract with an employer, whether the contract be express or
implied, oral or in writing, and be a contract of service or a
contract personally to execute any work or labour.]

TRUCK AMENDMENT ACT 1887 - SECT 3
Advance of wages.

3. Whenever by agreement, custom, or otherwise a workman is entitled
to receive in anticipation of the regular period of the payment of
his wages an advance as part or on account thereof, it shall not
be lawful for the employer to withhold such advance or make any
deduction in respect of such advance on account of poundage,
discount, or interest, or any similar charge.

TRUCK AMENDMENT ACT 1887 - SECT 4
Saving for servant in husbandry.

4. Nothing in the principal Act or this Act shall render illegal a
contract with a servant in husbandry for giving him food, drink,
not being intoxicating, a cottage, or other allowances or privileges
in addition to money wages as a remuneration for his services.

TRUCK AMENDMENT ACT 1887 - SECT 5
Order for goods as a deduction from wages illegal.

5. In any action brought by a workman for the recovery of his
wages, the employer shall not be entitled to any set off or
counterclaim in respect of any goods supplied to the workman by any
person under any order or direction of the employer, or any agent
of the employer, and the employer of a workman or any agent of
the employer, or any person supplying goods to the workman under
any order or direction of such employer or agent, shall not be
entitled to sue the workman for or in respect of any goods
supplied by such employer or agent, or under such order or
direction, as the case may be.

Provided that nothing in this section shall apply to anything
excepted by section twenty-three of the principal Act.

TRUCK AMENDMENT ACT 1887 - SECT 6
No contracts with workman as to spending wages at any particular
shop, &c.

6. No employer shall, directly or indirectly, by himself or his
agent, impose as a condition, express or implied, in or for the
employment of any workman any terms as to the place at which, or
the manner in which, or person with whom, any wages or portion of
wages paid to the workman are or is to be expended, and no
employer shall by himself or his agent dismiss any workman from his
employment for or on account of the place at which, or the manner
in which, or the person with whom, any wages or portion of wages
paid by the employer to such workman are or is expended or fail
to be expended.

TRUCK AMENDMENT ACT 1887 - SECT 7
Deduction for education.

7. Where any deduction is made by an employer from a workman's
wages for education, such workman on sending his child to any
state-inspected school selected by the workman shall be entitled to
have the school fees of his child at that school paid by the
employer at the same rate and to the same extent as the other
workmen from whose wages the like deduction is made by such
employer.

In this section "state-inspected school" means any elementary school
inspected under the direction of... the Board of National Education
in Ireland.

TRUCK AMENDMENT ACT 1887 - SECT 8
Deduction for sharpening tools, &c.

8. No deduction shall be made from a workman's wages for sharpening
or repairing tools, except by agreement not forming part of the
condition of hiring.

TRUCK AMENDMENT ACT 1887 - SECT 9
Audit of deductions.

9. Where deductions are made from the wages of any workmen for the
education of children or in respect of medicine, medical attendance,
or tools, once at least in every year the employer shall, by
himself or his agent, make out a correct account of the receipts
and expenditure in respect of such deductions, and submit the same
to be audited by two auditors appointed by the said workmen, and
shall produce to the auditors all such books, vouchers, and
documents, and afford them all such other facilities as are required
for such audit.

TRUCK AMENDMENT ACT 1887 - SECT 10
Artificer to be paid in cash and not by way of barter for
articles made by him.

10. Where articles are made by a person at his own home, or
otherwise, without the employment of any person under him except a
member of his own family, the principal Act and this Act shall
apply as if he were a workman, and the shopkeeper, dealer, trader,
or other person buying the articles in the way of trade were his
employer, and the provisions of this Act with respect to the
payment of wages shall apply as if the price of an article were
wages earned during the seven days next preceding the date at which
any article is received from the workman by the employer.

This section shall apply only to articles under the value of five
pounds knitted or otherwise manufactured of wool, worsted, yarn,
stuff, jersey, linen, fustian, cloth, serge, cotton, leather, fur,
hemp, flax, mohair, or silk, or of any combination thereof, or made
or prepared of bone, thread, silk, or cotton lace, or of lace made
of any mixed materials. Where it is made to appear to Her Majesty
the Queen in Council that, in the interests of persons making
articles to which this section applies in any county or place in
the United Kingdom, it is expedient so to do, it shall be lawful
for Her Majesty, by Order in Council, to suspend the operation of
this section in such county or place, and the same shall
accordingly be suspended, either wholly or in part and either with
or without any limitations or exceptions, according as is provided
by the Order.

TRUCK AMENDMENT ACT 1887 - SECT 11
Offences.

11. If any employer or his agent contravenes or fails to comply
with any of the foregoing provisions of this Act, such employer or
agent, as the case may be, shall be guilty of an offence against
the principal Act, and shall be liable to the penalties imposed by
section nine of that Act as if the offence were such an offence
as in that section mentioned.

TRUCK AMENDMENT ACT 1887 - SECT 12
Fine on person committing offence for which employer is liable, and
power of employer to exempt himself from penalty on conviction of
actual offender.

12.(1) Where an offence for which an employer is, by virtue of the
principal Act or this Act, liable to a penalty has in fact been
committed by some agent of the employer or other person, such agent
or other person shall be liable to the same penalty as if he were
the employer.

(2) Where an employer is charged with an offence against the
principal Act or this Act he shall be entitled, upon information
duly laid by him, to have any other person whom he charges as the
actual offender brought before the court at the time appointed for
hearing the charge, and if, after the commission of the offence has
been proved the employer proves to the satisfaction of the court
that he had used due diligence to enforce the execution of the
said Acts, and that the said other person had committed the offence
in question without his knowledge, consent, or connivance, the said
other person shall be summarily convicted of such offence, and the
employer shall be exempt from any penalty.

When it is made to appear to the satisfaction of [an officer
appointed by the Department of Manpower Services to enforce the
provisions of the principal Act or this Act], ... at the time of
discovering the offence, that the employer had used due diligence to
enforce the execution of the said Acts, and also by what person
such offence had been committed, and also that it had been
committed without the knowledge, consent, or connivance of the
employer, then [the officer] ... shall proceed against the person
whom he believes to be the actual offender in the first instance
without first proceeding against the employer.

TRUCK AMENDMENT ACT 1887 - SECT 13
Recovery of penalties.

13.(1) Any offence against the principal Act or this Act may be
prosecuted, and any penalty therefor recovered in manner provided by
the Summary Jurisdiction Acts, so, however, that no penalty shall be
imposed on summary conviction exceeding that prescribed by the
principal Act for a second offence.

Subs.(2) rep. by SR 1979/239

TRUCK AMENDMENT ACT 1887 - SECT 14
Definitions.

14. In this Act, unless the context otherwise requires,

S.15 rep. by SLR 1908; 1964 c.21 (NI) s.172 sch.7. S.17 rep. by
SLR 1908

TRUCK AMENDMENT ACT 1887 - SECT 18
Application of Act to Ireland.

18. The principal Act, so far as it is not hereby repealed, and
this Act shall extend to Ireland, subject to the following
provisions:

Subs.(1) rep. by SLR 1908; SLR 1963

(2)Penalties recovered under the principal Act or this Act shall be
applied in the manner directed by the Fines (Ireland) Act, 1851,
and the Acts amending the same.

Schedule rep. by SLR 1908