THE The Grey River Argus. PUBLISHED DAILY. SATURDAY, JANUARY 20, 1872.

Grey River Argus, Volume XII, Issue 1086, 20 January 1872, Page 2

THE The Grey River Argus. PUBLISHED DAILY. SATURDAY, JANUARY 20, 1872.

One of the most important and useful Acts passed last session was " An Act for securing the Payment of Debts due to Workmen." Hitherto the law upon this subject has been both complicated and defective, and this Act, which is exceedingly simple, proposes to amend the evils to which workmen were subject when they transacted business with " knowing contractors," who took advantage of every loophole afforded them by the law to display their rascality. The Act also having in view no doubt the works to be undertaken under the " Public Works and Immigration Act," deals with the relative positions of contractors, sub-contractors, and workmen. Workingmen have hitherto been entirely at the mercy of the contractor, who could levant at any time, taking with him the .amount of his contract, and the workman, although he might have a large sum of money owing him, could not obtain redress. To prevent this is one of the objects of the present Act. " The preamble sets out : " Whereas it is expedient to enable persons employed upon work in which a lieu over the thing worked on cannot be acquired, and for which their employer has failed to pay them, io obtain payment from moneys duo to their employer for the work which they have done." This is certainly only common justice, and strikes at once at the root of the evil, and will enable the workman to check any attempt at roguery on the part of his employer. The Act cousists of 14 clauses and four schedules. Clause lis the title of the Act. Clause 2 lays down that if any workman sues a contractor in a court of competent jurisdiction, as, for instance, in the Resident Magistrate's Court, he may obtain a certificate of debt in the form prescribed in the first schedule, and which states the amount due and the nature of the work, provided the work is not of a moveable character, and then the clause goes on to say—" No certificate shall be given if the work appears to have been done on a moveable chattel of such description that it would be practical for a workman to have a lien thereon, by retaining the same in his actual possession." Neither will a certificate be granted for more than sixty days' wages. It therefore behoves workmen to be vigilant, and not allow their wages to run for a longer period than sixty days, or if the work they should happen to be engaged on is work that is done, say at their own residence, not to give up possession without payment. Clause 3 gives power to the workmen to serve a notice under a form prescribed by the second schedule of the Act, upon the principal, or-as lie is termed the contractee, informing him that a certain sum is due to him (the workman) by the contractor, and requiring payment thereof out of any money that he might hold belonging to the contractor. Clause 4 provides that the service of notice, as laid down by the second schedule, on the

contractee shall operate as an assignment to the workman of the debt due to the contractor ; but it will be subject to any prior assignment under this Act. Clause 5 lays down that the contractee shall pay tho money due to the workman till the amount owing by the contractor shall be discharged, and a receipt given 5n a form ' prescribed by the third schedule. Clause G provides that the debt of workmen serving notice within seven days of first notice is to be paid rateably without priority, in order that the money might be equally distributed among workmen, and until seven days had expired no workman's debt shall be paid by the contractor. Clause 7 authorises the workman to take proceedings against the contractee, if, after he had been served with notice as stated above, he refuses to pay the money due by the contractor. Clause 8 releases the contractee from all liability on the money clue to the workman being satisfied. Clause 9 compels the workmen to sign a receipt in the form prescribed by the third schedule on payment of the debt due to him by the contractor, and in the event of his refusing to do s^, the contractee shall take legal proceedings against him and recover penalties. Clause 10 provides that after any notice of action has been served by any workman on the contracteo, specifying the sum sued for, it shall be lawful for the contractee to attach that amount till judgment be given. The fourth schedule gives the form of commencement of action. Clauses 11 and 12 are merely technical. Clause 13 h very important, especially in largo works, where sub-contractors take up small contracts, and renders tho contractor liable for tho wages of workmen employed by sub- contractors, and runs as follows : — " A contractor who shall sub-let any part of the work shall be responsible to the extent provided by this Act for the wages of the workmen employed. A sub-con-tractor may proceed against the contractor as in this Act provided as if he had been directly employed by him." Clause 14 states that the Act shall not prejudice other remedies of workmen or vary rights between contractor and contractee. Such is a summary of the provisions of " The Contractors' Debts Act, .1871," and wo believe that in its operation it will materially protect the- interests of the workingmen of the Colony.