No. IX.

ACT of SEDERUNT in relation to "The Employers and Workmen Act, 1875.”—Edinburgh, 29th January 1876. The Lords of Council and Session, in pursuance of the powers vested in them by "The Employers and Workmen Act, 1875," (38 and 39 Vict. c. 90) enact and declare :

1. That in proceedings under the Act before the Small Debt Court of the Sheriff the forms set forth in the Schedule hereunto annexed, or forms as near thereto as circumstances permit, shall be used; and all citations, and executions of citation of parties or witnesses, shall be in the form, or as nearly as may be, of those in Schedule A of the Act 1 Vict. c. 41. (The Small Debt Act, 1837.)

2. In so far as the forms in the Schedule annexed hereto shall be inapplicable to the circumstances, the forms contained in Schedule A of the said Act, 1 Vict. c. 41, or as near thereto as circumstances will permit, shall be used.

3. All causes under the said " Employers and Workmen Act, 1875," and the proceedings therein, shall be entered in the Book mentioned in § 17 of the said Statute, 1 Vict. c. 41, in the same way as in other cases under that Act, and the decrees or orders and warrants shall be annexed to the complaint or summons, and signed by the Clerk.

4. No notice shall be required to be given by a defender of any set-off or counter claim that he may wish to advance at the hearing against the claim of the pursuer.

5. The expenses shall be at the same rates as in the Small Debt Court.

(The principles which guided the decision in the case of Steuart v. Bain, supra, p. 177, may be held to apply here, so as to entitle agents to fees at ordinary rates. Their employment would be necessary, and their payment a necessary outlay.)

And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form. JOHN INGLIS, I.P.D.

SCHEDULE.

Summons or Complaint.

(Under “The Employers and Workmen Act, 1875.”)

A B, Sheriff of the shire of

Το

Officers of Court, jointly and severally : Whereas it is humbly complained to me by C D (design him), Pur

suer, against E F (design him), [and G H where cautioner is to be called (design him)], Defender; That on the

day of

18 the pursuer and the defender entered into a contract [or indenture, as the case may be] whereby [here state the nature of the contract or indenture, and the period of its endurance]; That the defender has neglected and refused to fulfil the same by [here state the breach of contract complained of]; Therefore it ought to be decerned and ordained [here set forth the particular remedy desired]; [and add] or that the pursuer shall have such other remedy competent under the said statute in respect of the defender's breach of contract as to the Court may seem just, with expenses. Herefore it is my will, that on sight hereof ye lawfully summon the said defender to compear before me or my substitute in the Court House , upon the day of

at

at

of the clock, to answer at the pursuer's instance in the said matter, with certification in case of failure of being held as confessed; and that ye cite witnesses and havers for both parties to compear at the said place and date to give evidence in the said matter [here insert warrant to arrest, if desired, in actions with a pecuniary conclusion]. Given under the hand of the Clerk of Court day of

at

the

Signed by Sheriff-Clerk.

Decree in Absence.

Place and Date.

Decerns in absence against the Defender, in terms of the special conclusion of the summons above written, and for the sum of of expenses; and decerns and ordains instant execution by arrest ment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after free days.

Signed by Sheriff-Clerk.

Order when Caution found.

Place and Date.

In respect the Defender has broken the contract libelled, and that the Court would have awarded to the pursuer the sum of £ of damages, and that the defender has found caution in terms of "The Employers and Workmen Act, 1875," and that the pursuer consents, the Court accepts the same in place of the said damages for the part thereof], and orders that the defender do perform so much of his contract as yet remains unperformed, and finds him liable [in the remaining sum of of damages and] in the sum of of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.

Signed by Sheriff-Clerk.

Bond or Enactment of Caution to be appended to the Complaint

At

the

and Order.

day of

in

18 fulfilment of the preceding order, Compeared G H (design him), who hereby judicially binds himself, his heirs, executors, and successors, as cautioners for the defender E F, that the said defender will perform so much of the contract between the said E F and C D as yet remains to be performed; that is to say (state what yet remains to be performed). And the said G H and the said E F bind and oblige themselves, conjunctly and severally, to pay to the said C D the sum of £ in case the said defender fails to perform

what he has hereby undertaken to perform.

Signed by the Party, Cautioner, and Sheriff-Clerk.

Order on Apprentice.

Place and Date.

The Sheriff orders that the Defender E F do forthwith perform the duties he has contracted to perform under his Indenture to the Pursuer, and finds him liable in of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after free days. Signed by Sheriff-Clerk.

Order rescinding Contract of Apprenticeship.

Place and Date.

The Sheriff adjudges and decerns that the Indenture made between the Pursuer and the Defender E F be rescinded, and that the Defender (or Pursuer) do pay to

the sum

of £ being the whole (or a part) of the premium paid on the binding of the Defender (or Pursuer) as apprentice to the Pursuer (or Defender): Finds the

liable in

of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.

Signed by Sheriff-Clerk.

Warrant of Commitment of Apprentice.

Place and Date.

The Sheriff having resumed consideration of this case, and having considered the proof adduced, Finds that the Defender has

failed to comply with the order of the

day of

:

for

Therefore grants warrant to commit the Defender to the prison of days (not exceeding fourteen), and grants warrant to officers of Court and the keeper of said prison accordingly.

Signed by Sheriff-Clerk.

Order accepting Caution for performance of Duties.

Place and Date.

In respect E F, the Defender, has failed to perform his duties under his indenture, and that the Sheriff would have committed him to prison for a period of (not exceeding fourteen) days, and in respect that G H is willing to become cautioner to the amount of £ for the said C D for the due performance by him of his duties, the Sheriff directs such caution to be forth with given instead of the said imprisonment: Finds the Defender liable in

of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent after free days.

At

Signed by Sheriff-Clerk.

Bond or Enactment of Caution for an Apprentice, to be

appended to the Complaint.

the

day of

18

in fulfilment of the preceding interlocutor. Compeared G. H. (design him), who hereby judicially binds himself, his heirs, executors, and successors, as cautioners for the Defender E F (design him), that the said E F will perform the whole duties that yet remain to be performed by him under the indenture entered into between him and C D, of date the that is to say (state what yet remains to be performed); and the said G H and the said E F bind and oblige themselves, conjunctly and severally, to pay to the said C D the sum of £ in case the said defender fails to perform the duties yet to be performed by him under said indenture.

day of

Signed by the Party, Cautioner, and Sheriff-Clerk.

R