such as that of the law of New Zealand providing for the compulsory arbitration of labor disputes, the policy of European countries, and especially Great Britain, has been closely followed.

In presenting these laws it is a matter of regret that sufficient material has not been available to permit of a historical account of prior legislation in relation to labor, and the motives dictating the enactment of particular laws at the time they were passed. Little more, therefore, will be done than to reproduce, either in extenso or in summary, the laws now in force, with such comments as seem necessary in order to call attention to their important features.

To have given the laws of all the Colonies in extenso would have required more space than could be given to the subject, and resulted in unnecessary duplication, as the laws of the different Colonies are in many instances very similar to each other, and largely reproductions of British legislation. It was deemed best, therefore, to give the legislation of one of the Colonies in considerable detail, and New Zealand has been selected for this purpose. The legislation of the other Colonies is given in more summary form. In regard to the summaries it should be distinctly understood that all essential parts of the acts are reproduced, usually in the language of the acts themselves. The omitted portions are those relating to temporary provisions, the determination of boundaries of inspection districts, and such matters as can not possibly be of interest to other nations.

Finally, a word should be said in regard to the possible omission of laws for some of the Colonies which properly fall within the scope of this report. Every effort was made to secure copies of all labor laws now in force, and the author is much indebted to various officials in Australia for their efforts in his behalf. It is quite likely, however, that some have been omitted, particularly in the field of legislation in relation to the labor contract, right of association, apprenticeship, and Sunday labor, as frequently provisions regarding these points are found in general enactments declaring British laws to be in force in the Colony, in the criminal code, etc. As regards the two most important branches of labor legislation, however-those relating to the regulation of work in factories, workshops, and stores, and the conciliation and arbitration of industrial disputes-it is believed that the presentation is complete, exception only being made for the Colony of Victoria, the labor laws of which the Department did not succeed in securing.

NEW ZEALAND.

APPRENTICESHIP.

The subject of apprenticeship is regulated by the law of October 30, 1865, entitled The Master and Apprentice Act, 1865. This law may be said to have three purposes, the extension of the laws of England

arding apprentices to New Zealand as far as they were applicable,

the determination of the conditions under which orphans, deserted children, etc., might be indentured as apprentices, and the making of a few special provisions as called for by the special conditions in the Colony. The first is accomplished by the following provision:

All masters of apprentices in New Zealand shall have such and the like powers over every such apprentice as the master of every apprentice has by the laws of England, and shall be amenable and responsible for the due performance of the contract entered into between or on the part of such apprentice and themselves respectively in such and the like manner as the master of any apprentice would be by the laws of England, so far as the same are applicable to New Zealand and are not inconsistent with any of the provisions of this act.

The remaining sections of the law, dealing as they do chiefly with the indenturing of orphan and deserted children, scarcely come within the purpose of the present report. Briefly, they provide that the directors of orphan schools may bind out their pupils to apprenticeship, and that any 2 justices of the peace may do the same in respect to deserted children. Generally the supervision of apprentices is intrusted to the justices of the peace. The law contains a drastic provision that if any apprentice absents himself from his master's service before his term has expired, the master may cause the apprentice to be arrested; and upon a hearing before 2 justices of the peace, in a summary way the latter may determine what satisfaction the apprentice shall make to his master, and in case the apprentice can not give security to make such satisfaction he may be committed to jail for a term of not exceeding 3 months, besides serving the period of time for which he was absent.

THE RIGHT OF ASSOCIATION: TRADE UNIONS.

New Zealand has followed very closely English legislation in relation to the right of workingmen to form organizations and the regulation of trade unions. The present law is contained in the act of August 31, 1878, entitled "An act for the regulation and management. of trade unions in New Zealand." This act stands to-day as first passed with the exception that an act passed October 12, 1896, made 14 years the minimum age at which persons could be members of a registered trade union instead of 16 years as provided in the original act.

A trade union is defined to mean "any combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, whether such combination would or would not, if this act had not been passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade."

The sections of the English act legalizing trade unions notwithstanding that they may be in restraint of trade have been adopted textually. It is thus provided that "the purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise," and "the purposes of any trade union shall not by reason merely that they are in restraint of trade be unlawful so as to render void or voidable any agreement or truth."

In like manner the British policy of requiring these organizations to settle their own disputes without recourse to the courts has been followed. The courts are expressly prohibited from entertaining any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements:

(1) Any agreement between members of a trade union as such concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods, transact business, employ, or be employed; (2) any agreement for the payment by any person of any subscription or penalty to a trade union; (3) any agreement for the application of the funds of a trade union, (a) to provide benefits to members; or (b) to furnish contributions to any employer or workman not a member of such trade union, in consideration of such employer or workman acting in conformity with the rules or resolutions of such trade union; or (c) to discharge any fine imposed upon any person by sentence of a court of justice; or (4) any agreement made between one trade union and another; or (5) any bond to secure the performance of any of the above-mentioned agreements: But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful.

As regards the regulation of trade unions, the most essential provision is that whereby trade unions are encouraged to become registered. Such registration is not compulsory, but unions which elect to do so are given many privileges, such as the right to hold property in the name of trustees, to hold their officers to account, etc. The obligations of registry relate principally to the making of annual reports to the government, the filing of copies of their rules, etc. visions are practically identical with those contained in the British acts already given they are not reproduced here.

As these pro

In connection with this law legalizing the formation of permanent associations of workingmen, even though they are in restraint of trade, should be read the provisions of The Conspiracy Law Amendment Act, 1894, passed August 21, 1894. This law is almost the reproduction of the British Conspiracy and Protection of Property Act, 1875. (a) It repeals the old conspiracy acts of 5 Eliz., c. 4; 12 Geo. I, c. 34, and 6

a See Bulletin No. 25, p. 782.

Geo. IV, c. 129, which were in force in the Colony, and provides, as does the English act, that:

An agreement or combination by 2 or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be deemed to be unlawful so as to render such persons liable to criminal prosecution for conspiracy if such act committed by one person would not be unlawful. Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition, or any crime against the State or the Sovereign. "A crime" for the purposes of this section means an offense punishable on indictment, or an offense which is punishable on summary conviction, and for the commission of which the offender is liable to be imprisoned, either absolutely, or, at the discretion of the court, as an alternative for some other punishment.

Then follows the special provision that no person employed by a local authority or contractor in connection with the furnishing of a supply of gas, electric light, or water shall enter into an agreement to leave the service without giving at least 14 days' notice, under a penalty of a fine of not more than £10 ($48.67) or imprisonment for not more than 1 month.

REGULATION OF LABOR IN FACTORIES AND WORKSHOPS.

The legal regulations concerning factory and workshop labor are contained in The Factories Act, 1894, passed October 18, 1894, and its amendment of October 12, 1896. The first act was in the nature of a consolidation of former legislation, while the latter relates to the regulation of the conditions that must be observed where work in connection with the textile industry is given to persons to be performed elsewhere than in the factory or workroom proper.

SCOPE OF ACT.

The word "factory" or "workroom" as used in the act is defined.

to mean:

Any office, building, or place in which 2 or more persons are engaged, directly or indirectly, in working for hire or reward in any handicraft, or in preparing or manufacturing articles for trade or sale, including all bakehouses; and any office, building, or place in which steam or other mechanical power or appliance is used for the purpose of manufacturing goods, or packing them for transit.

But where the operations of any manufacturer are carried on, for safety or convenience, in several adjacent buildings grouped together in one inclosure, these shall be classed and included as one factory for the purposes of registration and the computation of registration fees. Except as hereinafter specially provided, nothing in this act shall apply to slaughterhouses and shearing sheds in bona fide use for slaughtering and shearing, respectively.

It is scarcely necessary to call attention to the comprehensive scope thus given to the act. It is made to apply to practically all places

where persons are employed for hire in making or preparing articles for trade or sale, the only limitation put upon the number of persons that must be employed in order to constitute the place a factory being that there must be at least 2, including the occupier or employer himself.

REGISTRATION OF FACTORIES AND WORKROOMS.

Every person occupying or intending to occupy a factory or workroom, as defined by the law, must serve on the inspector and on the local board of health a written application to have his establishment registered as a factory. Accompanying this application must be sent a notice "in such form and in such manner as may be prescribed by regulations, containing particulars of the name and a description of his factory or workroom, the place where it is situated, the nature of the work carried on or to be carried on therein, a description of the motive power (if any) therein, and, in case of a copartnership or incorporated company, the name of the firm or company under which the business of the factory or workroom is carried on, together with such further or other particulars as may be required by the regulations."

Especial precautions are taken to insure that buildings newly erected or transformed for factory purposes shall be suitable for such use. The law thus provides that:

Every person who is in occupation of any building or place which is about to become for the first time, or after a period of disuse is about to again become, a factory or workroom, shall, before the same is used as such, forward to the office of the inspector, together with his application for registration, and the particulars mentioned in the last preceding section, a complete plan of such building or place to the satisfaction of such inspector, with particulars of the same, and an estimate of the number of persons of each sex to be employed therein; and such building or place shall not be registered as a factory or workroom until such inspector has in writing approved of such building or place as suitable for a factory or workroom, or has within 10 days after the receipt of such plan and particulars omitted to notify to such person any objection thereto.

The remaining provisions regarding registration are that a fee for registration shall accompany each application, and that on the receipt of this fee the inspector must register the factory if he believes all the conditions of the act to have been complied with. If this is not the case, he must notify the applicant wherein default exists and refuse registry until the failure has been remedied.

PROTECTION OF HEALTH OF EMPLOYEES.

Following are the provisions in full regarding the protection of the health of employees:

Every factory or workroom shall be kept in a cleanly state, free from effluvia arising from any drain, privy, or other nuisance. When members of both sexes are working in the same factory or workroom,