spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Short Title.

Commence

ment of Act.

Power of

County

ordering of

off, and res

PRELIMINARY.

1. This Act may be cited as the Employers and Workmen Act, 1875.

2. This Act, except so far as it authorises any rules to be made1 or other thing to be done at any time after the passing of this Act, shall come into operation on the first day of September One thousand eight hundred and seventy-five.

1 Rules for Scotland are contained in an Act of Sederunt, printed in the Appendix, infra.

PART I.-JURISDICTION-JURISDICTION OF COUNTY
COURT.

(According to the definition in sect. 14, infra, rendering the Act applicable to Scotland, it is provided that the expression "County Court" means the ordinary Sheriff Court of the County.)

3. In any proceeding before a County Court1 in relaCourt as to tion to any dispute between an employer and a workpayment of man arising out of or incidental to their relation as such money, set- (which dispute is hereinafter referred to as a dispute cission of under this Act) the Court may, in addition to any juristaking secu- diction it might have exercised if this Act had not passed,2 exercise all or any of the following powers; that is to say,

contract and

rity.

1 That is, as regards Scotland, the ordinary Sheriff Court.

2 Sheriffs in their ordinary Court have jurisdiction at common law (1) to entertain actions of damages for breach of contract as between masters and servants; and (2) to enforce a contract of service by imprisonment, to the effect of compelling a workman to return to his service, and to find caution to do so. Raeburn v. Reid, June 4, 1824, 3 S. 104; Gentle v. M'Lellan, July 9, 1825, 4 S. 163. But not to find caution for specific performance of his whole contract of service. Wright v. M'Gregor, June 28, 1827, 5 S. 855; Stewart v. Stewart, June 21, 1832, 10 S. 674, 4 Jurist 514.

(1) It may adjust and set off the one against the
other all such claims on the part either of
the employer or of the workman, arising out
of or incidental to the relation between them,
as the Court may find to be subsisting, whether
such claims are liquidated or unliquidated,
and are for wages, damages, or otherwise; and
(2) If, having regard to all the circumstances of
the case, it thinks it just to do so, it may
rescind any contract between the employer and
the workman upon such terms as to the ap-
portionment of wages or other sums due
thereunder, and as to the payment of wages
or damages, or other sums due, as it thinks
just; and

(3) Where the Court might otherwise award dam-
ages for any breach of contract it may, if the
defendant be willing to give security to the
satisfaction of the court for the performance
by him of so much of his contract as remains
unperformed, with the consent of the plaintiff,
accept such security, and order performance of
the contract accordingly, in place either of
the whole of the damages which would other-
wise have been awarded, or some part of such
damages.

Shortly stated, the powers conferred on Sheriffs by the above provisions are:-(1) They may allow compensation to be pleaded by the employer against the workman, and vice versa, whether the claim be liquidated or not; (2) They may rescind the contract between the employer and the workman; (3) Instead of awarding damages they may, with consent of parties, accept from the defendant security for performance of the unperformed part of the contract. The concluding words of this section-" or some part of such damages -seem to imply a power, besides accepting security, also to give an award for part of the whole damages which would otherwise have been awarded.

The security shall be an undertaking by the defen

dant and one or more surety or sureties that

of Justices

ployers and

the defendant will perform his contract, subject on non-performance to the payment of a sum to be specified in the undertaking. Any sum paid by a surety on behalf of a defendant in respect of a security under this Act, together with all costs incurred by such surety in respect to such security, shall be deemed to be a debt due to him from the defendant; and where such security has been given in or under the direction of a Court of Summary Jurisdiction, that Court may order payment to the surety of the sum which has so become due to him from the defendant.

4 That is, as regards Scotland, the Sheriff Small Debt Court.

COURT OF SUMMARY JURISDICTION.

(According to the definition in sect. 14, infra, rendering the Act applicable to Scotland, it is provided that the expression "The Court of Summary Jurisdiction" means the Small Debt Court of the Sheriff of the County.)

4. A dispute under this Act between an employer and a workman may be heard and determined by a Jurisdiction Court of Summary Jurisdiction, and such Court, for the in disputes purposes of this Act, shall be deemed to be a Court of between em- Civil Jurisdiction, and in a proceeding in relation to any workmen. such dispute the Court may order payment of any sum which it may find to be due as wages, or damages, or otherwise, and may exercise all or any of the powers by this Act conferred on a County Court: Provided that in any proceeding in relation to any such dispute the Court. of Summary Jurisdiction

(1) Shall not exercise any jurisdiction where the
amount claimed exceeds ten pounds; and
(2) Shall not make an order for the payment of
any sum exceeding ten pounds,1 exclusive of
the costs incurred in the case; and

(3) Shall not require security to an amount ex-
ceeding ten pounds from any defendant or his
surety or sureties.

1 By section 3, supra, the jurisdiction under the Small Debt Act, 1837, would appear to be preserved. A summons for damages within the limit of £12, if brought under that Act, would therefore still be competent.

in disputes

5. Any dispute between an apprentice to whom Jurisdiction this Act applies1 and his master, arising out of or inci- of Justices dental to their relation as such, (which dispute is herein- between after referred to as a dispute under this Act,) may be apprentices. heard and determined by a Court of Summary Jurisdic

tion.

1 See section 12, infra.

masters and

respect of

6. In a proceeding before a Court of Summary Juris Powers of diction in relation to a dispute under this Act between Justices in a master and an apprentice, the Court shall have the apprentices. same powers as if the dispute were between an employer and a workman, and the master were the employer and the apprentice the workman, and the instrument of apprenticeship a contract between an employer and a workman, and shall also have the following powers:(1) It may make an order directing the apprentice

to perform his duties under the apprentice-
ship; and,

(2) If it rescinds the instrument of apprenticeship
it may, if it thinks it just to do so, order the
whole or any part of the premium paid on the
binding of the apprentice to be repaid.
Where an order is made directing an apprentice to per-
form his duties under the apprenticeship, the Court may,
from time to time, if satisfied after the expiration of
not less than one month from the date of the order that
the apprentice has failed to comply therewith, order
him to be imprisoned for a period not exceeding four-
teen days.

Order

surety of

and power

7. In a proceeding before a Court of Summary Juris- against diction in relation to a dispute under this Act between apprentice, a master and an apprentice, if there is any person to friend of liable, under the instrument of apprenticeship, for the apprentice good conduct of the apprentice, that person may, if the rity.

to give secu

Mode of giving security.

Court so direct, be summoned in like manner as if he were the defendant in such proceeding to attend on the hearing of the proceeding, and the Court may, in addition to or in substitution for any order which the Court is authorised to make against the apprentice, order the person so summoned to pay damages for any breach of the contract of apprenticeship to an amount not exceeding the limit (if any) to which he is liable under the. instrument of apprenticeship.

The Court may, if the person so summoned, or any other person, is willing to give security to the satisfaction of the Court for the performance by the apprentice of his contract of apprenticeship, accept such security instead of or in mitigation of any punishment 1 which it is authorised to inflict upon the apprentice.

1 These words "in mitigation of any punishment," seeing that by sect. 6 the court has the same powers as if the case were one between an employer and a workman, would seem to correspond to the words some part of such damages," in sect. 3, sub-sect. 3, with this distinction, that the consent of the master is not here required.

PART II.-PROCEDURE.

8. A person may give security under this Act in a County Court or Court of Summary Jurisdiction by an oral or written acknowledgment in or under the direction of the Court of the undertaking or condition by which and the sum for which he is bound, in such manner and form as may be prescribed by any rule for the time being in force, and in any case where security is so given, the Court in or under the direction of which it is given may order payment of any sum which may become due in pursuance of such security.

1

The Lord Chancellor may at any time after the passing of this Act, and from time to time, make and when made rescind, alter, and add to rules with respect to giving security under this Act.

1 By sect. 14, rendering the Act applicable to Scotland, the expression "The Court of Session by Act of Sederunt" is substi