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c. 1.

of servants,

for the time being, of the Supreme Court of the Colony ; and being

No. 1. approved of by such Chief Justice or other presiding Judge, the

Act 3 Vic. same shall be observed in all proceedings before such Stipendiary Justices, subject, nevertheless, to be revised, repealed, or amended, by the authority, and in the manner aforesaid, as occasion may require.

XII. That no sentence, award, or order made by any Stipendiary Subject to Justice in the execution of the jurisdiction so vested in him, shall revision. be liable to be reversed, set aside, appealed from, or questioned by any Court of Justice whatsoever, except on the ground of an unlawful assumption of power, or other illegality on the part of such Stipendiary Justice; but the same when consistent with law, shall to all intents and purposes be binding, final, and conclusive.

XIII. That for all acts done by any Stipendiary Justice of the Special Justices Peace, in the exercise of the jurisdiction vested in him by this Act, to have legal such Justice shall have, and be entitled to the same protection, protection, &c. privileges, and indemnity as by the several laws now in force in the colony, any other Justice of the Peace is entitled to claim or have, in respect of any act by him done, in execution of the powers vested by law in him.

XIV. That on complaint preferred and proof made before any Penalties for Stipendiary Justice, that any servant has neglected to perform his negligence, &c., stipulated work, or that he has performed such work negligently or improperly, or that by negligence or other improper conduct he has injured the property of his master, intrusted to his care, it shall and may be lawful for such Stipendiary Justice, in his discretion, to adjudge the servant so offending, to any one or more of the following penalties, that is to say: To pay to his master any sum of money, not exceeding the amount or value of one month's wages, to be paid in such time and manner as the said Stipendiary Justice shall direct, or to commit such servant to some lawful prison, there to remain with or without hard labour, for any term not exceeding fourteen days, or to cancel and dissolve the contract of service.

XV. That on complaint preferred, and proof made, by a servant Masters not before any Stipendiary Justice of the Peace, that his master has not faithfully per. paid such servant's wages, or delivered to him the articles

stipu- forming conpulated for, or that the articles so delivered were not of the pre- dealt with. scribed amount and quality ; or that by the negligence or other improper conduct of the master the contract of service has not been faithfully performed ; or that the master has ill-used such servant, it shall and may be lawful for such Stipendiary Justice to make an order for the payment of the wages in arrear, or for the delivery of the stipulated articles, or for compensation, not exceeding the amount or value of one month's wages,) to be made to the servant for any injury by him sustained, from such negligence, or improper conduct of the master, or by his non-fulfilment of the contract, or by his ill-usage of such servant.*

XVI. That if any such order as last aforesaid, be not complied Masters not with, according to the exigency and tenor thereof, it shall and may making the be lawful for the Justice making the same to issue a warrant for awarded, low the seizure and sale of the goods and chattels of the offender, to the dealt with.

So much of this section as limits the amount of compensation, is repealed by 1st Section 3 Vic, c. 36.

c. 1.

No. 1. amount necessary for making the compensation awarded by such Act 3 Vic. order : and if no goods and chattels, or not sufficient goods and

chattels can be found, it shall and may be lawful for such Justice, on such fact being made to appear to his satisfaction, to issue his further or other warrant for the arrest of such master, and for his committal to prison, for any term not exceeding fourteen days,*

unless full compensation be sooner made. Contract may

XVII. That in addition to or substitution of any of the punishbe cancelled.

ments next hereinbefore mentioned, it shall and may be lawful in any of the cases aforesaid, for the Stipendiary Justice before whom any such master shall be convicted as aforesaid, to order the contract of service to be cancelled ; and such contract shall from the

making of such order as last aforesaid, be utterly null and void. Disputes as to XVIII. That if any question shall arise between a master and meaning of

servant respecting the meaning of their contract, or the rights of contract, how decided.

either party under the same; or the obligation, or obligations, imposed on either party thereby, it shall and may be lawful for any Stipendiary Justice of the Peace, on the application of either party, to arbitrate between them; and his award on all such questions so

brought before him shall be conclusive without appeal. Provisions to XIX. That nothing herein contained shall prevent, or be conthe foregoing strued to prevent, any proceedings before the ordinary tribunals of clause.

the colony against any master for ill-usage of a servant, or against any servant for ill-usage of a master, if the Stipendiary Justice of the Peace before whom the complaint shall be lodged, shall decline to entertain the same, and shall deem fit to refer it to the ordinary course of law : Provided always, That whenever any Stipendiary Justice shall so decline to entertain any such complaint, as aforesaid, he shall, without delay, make a report to the President of the circumstances of such complaint, and the cause or causes which induced him to decline to entertain. the same ; and it shall be lawful for the President, if he shall deem it expedient, to direct such Stipendiary Justice to re-hear such complaint, and to adjudicate thereon under this Act.

XX. That every Stipendiary Justice of the Peace shall hold his office during Her Majesty's pleasure, and shall be liable to be suspended therefrom by the President, until Her Majesty's pleasure

be made known. Duties of Spe XXI. That every such Stipendiary Justice shall act for such cial Justices.

district or districts as shall from time to time be assigned to him for that purpose by the President; to the lawful commands of whom every such Justice shall, in all things relating to the duties of his office, be obedient; and every such Justice shall be bound to make to the President, such general or special reports of his proceedings, in the discharge of the duties of his office, as the said

President, shall, from time to time, require of him. Petty Sessions, XXII. That the Stipendiary Justices of the colony shall, from how to be

time to time, as occasion may appear to them to require, or when formed by Sti

they shall be so directed by the President, moet together in petty pendiary Justices,

sessions; at which sessions not less than two such Justices shall ever be present; and it shall be lawful for such Justices, in petty sessions assembled, to associate with them one General Justice of the Peace, and no more; and such Stipendiary Justices, and Gene

* Extended by 2nd section 3 Vic, c. 36, to any term not exceeding thirty days.

c. 1.

ral Justice, or the majority of them, may, in such petty sessions No. 1. assembled, exercise any of the powers hereby vested in the Stipen- Act 3 Vic. diary Justices separately : Provided, however, that no such petty sessions be convened unless by the previous sanction of the

Proviso. President, which sanction may be given either for holding such sessions periodically, at such times and places to be appointed by him, or for holding the same for any special occasion at any particular time and place.

XXIII. That all constables and other peace officers, respect- Duties of Conively, shall obey and carry into execution all lawful orders and stables. warrants of such Stipendiary Justices, or any of them, or of any such petty sessions, as aforesaid, under a penalty of not exceeding Five pounds for every refusal or neglect, to be recovered in a summary way before any Stipendiary Justice as aforesaid.

XXIV. That all that Act or Statute of the Imperial Parliament, Act of Parl. of Great Britain and Ireland, made and passed in the sixth year of 6 G. 4, c. 129,

extended to the reign of His late Majesty, King George the Fourth, entitled,

this Colony. “An Act to repeal the Laws relative to Combination of Workmen, and to make other provisions in lieu thereof,” shall be, and the same is hereby declared to be in force within this colony, and the same shall be applied in the administration of the law therein, so far as, from local circumstances, it may be practicable to apply the same : Provided nevertheless, That the powers thereby vested in the Proviso. Justice of the Peace in England, shall be in this colony vested in the said Stipendiary Justice; the power thereby vested in any Court of General or Quarter Sessions, shall be vested in the said. before-mentioned Court of Petit Sessions; and the power thereby vested in Her Majesty's superior Courts at Westminster, shall, in these islands, be vested in the superior Courts of civil and criminal justice thereof; and for the better adaptation of the said Act of Parliament to the local circumstances aforesaid, such analogous forms of proceeding shall be prescribed in manner aforesaid, by the President, with the sanction of the Chief Justice or other Judge, as aforesaid.

XXV. That for the purposes, and within the meaning of this Meaning of Act, the officer lawfully administering the government of this words used in colony, for the time being, shall be deemed and taken to be the this Act,President thereof; and that for the purposes, and within the meaning aforesaid, the word “ Servant” shall be construed and under- “Servant.” stood to comprise any person employed for hire, wages, or other remuneration, to perform any handicraft or other bodily labour, in agriculture, or manufactures, or in domestic service, or as a boatman, porter, or other occupation, in which the emancipated population of these islands, or any of them, were usually employed while in a state of slavery, or as apprenticed labourers; and that for the purposes, and within the meaning aforesaid, the word “ Master shall be construed and understood to comprise any “Master.” 'person, whether male or female, employing for hire, wages, or other remuneration, any person falling within the before-mentioned description of a “Servant;" and that for the purposes, and within the meaning aforesaid, the words “Contract jof Service,” shall be “ Contract of construed and understood to comprise any agreement, whether Service.” oral or written, whether express or implied, and which any person, falling within the before-mentioned description of the word “Servant,” shall enter into with any other person or persons, for the

c. 1.

No. 1. performance of any work or labour of any kind, herein before parAct 3 Vic. ticularly mentioned ; and that for the purposes, and within the

meaning, aforesaid, the words “ Stipendiary Justice” shall be con

strued and understood to comprise such Justices only, as being in “Stipendiary the receipt of stipends for their maintenance, as such Justices, Justices." shall be named in any commission issued, or hereafter to be issued,

in the name of Her Majesty, appointing them to act as Stipendiary Justices for these islands, or for any town, island, or district of the

same. Import of

XXVI. That all words in this Act importing the singular terms used in this Act.

number, or masculine gender, only, shall be understood to include several persons as well as one person, and females as well as males, unless it be otherwise specially provided, or there be something in the subject, or context, repugnant to such constructions.

XXVII. This section, which was a duration clause of five years, is repealed by 3 Vic. ch. 36.

No. 2. Act 3 Vic.

c. 36.

No. 2.-3 Vic. ch. 36. An Act to amend an Act, entitled, " An Act

for regulating the relative duties of Masters and Servants; for providing for the Apprenticing of Children, and for other pur

poses." (February 20th, 1840.) I. Repeals so much of the 15th section of 3 Vic. ch. 1, as limits the amount of compensation to be awarded under the said section.

II. Repeals so much of the 16th section of said Act as limits the duration of imprisonment of a master to fourteen days, and declares that it shall be lawful for a Stipendiary Justice, in any case coming within the meaning of the said 16th section, to commit the offender to prison for any term not exceeding thirty days.

III. Repeals 27th section of the said Act.

No. 3. Act of Parl. 6 Geo. 4,

c. 129, extended by 3 Vic. c. 1.

Penalty on persons compelling Journeymen to leave their employment, &c.

No. 3.-Act of Parliament, 6 Geo. 4, ch. 129 (declared to be in force

here in this Colony, by the 24th sec. of 3 Vic. ch. 1). An Act to repeal the Laws relating to the Combination of Workmen,

and to make other Provisions in lieu thereof. I. & II. Repeals various Acts of Parliament, which, however, were not previously in force in these islands.

III. That from and after the passing of this Act, if any person shall, by violence to the person or property, or by threats, or intimidation, or by molesting, or in any way obstructing another, force, or endeavour to force, any journeyman manufacturer, workman, or other person, hired or employed in any manufacture, trade, or business, to depart from his hiring, employment, or work; or to return his work before the same shall be finished ; or prevent, or endeavour to prevent, any journeyman manufacturer, workman, or other person, not being hired or employed, from hiring himself to, or from accepting work or employment from any person or persons; or if any person shall use or employ violence to the person or property of another, or threats or intimidation, or

c.

shall molest or in any way obstruct another, for the purpose of No. 3. forcing or inducing such person to belong to any club or asso- Act of Parl. ciation, or to contribute to any common fund ; or to pay any fine

6 Geo. 4, or penalty ; or on account of his not belonging to any particular 129, club or association; or not having contributed, or having refused extended by to contribute to any common fund, or to pay any fine or penalty; 3 Vic. c. 1. or on account of his not having complied, or of his refusing to comply with any rules, orders, resolutions, or regulations, made to obtain an advance, or to reduce the rate of wages, or to lessen or alter the hours of working, or to decrease or alter the quantity of work, or to regulate the mode of carrying on any manufacture, trade, or business, or the management thereof; or if any person shall, by violence to the person or property of another, or by threats or intimidation, or by molesting, or in any way obstructing another, force, or endeavour to force, any manufacturer or person carrying on any trade or business, to make any alteration in his mode of regulating, managing, conducting, or carrying on such manufacture, trade, or business ; or to limit the number of his apprentices, or the number or description of his journeymen, workmen, or servants; every person so offending, or aiding, abetting or assisting therein, being convicted thereof in manner hereinafter mentioned, shall be imprisoned only, or shall and may be imprisoned and kept to hard labour, for any time not exceeding three calendar Imprisonment. months.

IV. That this Act shall not extend to subject any persons to Not to affect punishment, who shall meet together for the sole purpose of con- meetings for sulting upon and determining the rate of wages or prices, which settling rates

of wages, &c. the persons present at such meeting, or any of them, shall require or demand, for his or their work, or the hours or time for which he or they shall work, in any manufacture, trade, or business; or who shall enter into any agreement, verbal or written, among themselves, for the purpose of fixing the rate of wages or prices, which the parties entering into such agreement, or any of them, shall require or demand for his or their work, or the hours of time for which he or they will work, in any manufacture, trade, or business; and that persons so meeting, for the purposes aforesaid, or entering into any such agreement as aforesaid, shall not be liable to any prosecutions or penalty for so doing, any law or statute to the contrary notwithstanding.

V. That this Act shall not extend to subject any persons to Not to affect punishment, who shall meet together for the sole purpose of con. meetings for sulting upon and determining the rate of wages or prices, which rates of wages, the persons present at such meeting, or any of them, shall pay to his or their journeymen, workmen, or servants, for their work, or the hours or time of working in any manufacture, trade, or business; or who shall enter into any agreement, verbal or written, among themselves, for the purpose of fixing the rate of wages or prices, which the parties entering into such agreement, or any of them, shall pay to his or their journeymen, workmen, or servants, for their work, or the honrs or time of working in any manufacture, trade, or business; and that persons so meeting, for the purposes aforesaid, or entering into any such agreement, as aforesaid, shall not be liable to any prosecution or penalty for so doing; any law or statute to the contrary notwithstanding.

VI. That all and every person and persons who shall or may

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