for the time being, of the Supreme Court of the Colony; and being approved of by such Chief Justice or other presiding Judge, the same shall be observed in all proceedings before such Stipendiary Justices, subject, nevertheless, to be revised, repealed, or amended, by the authority, and in the manner aforesaid, as occasion may require. No. 1. Act 3 Vic. c. 1. 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 Stipendiary Justice, that any servant has neglected to perform his 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 before any Stipendiary Justice of the Peace, that his master has not paid such servant's wages, or delivered to him the articles stipupulated for, or that the articles so delivered were not of the prescribed 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 with, according to the exigency and tenor thereof, it shall and may be lawful for the Justice making the same to issue a warrant for the seizure and sale of the goods and chattels of the offender, to the So much of this section as limits the amount of compensation, is repealed by 1st section 3 Vic. c. 36. Penalties for negligence, &c., of servants. Masters not faithfully performing condealt with. tract, how Masters not making the compensation awarded, how dealt with. amount necessary for making the compensation awarded by such 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. XVII. That in addition to or substitution of any of the punishments next herein before 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. XVIII. That if any question shall arise between a master and servant respecting the meaning of their contract, or the rights of 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. XIX. That nothing herein contained shall prevent, or be construed to prevent, any proceedings before the ordinary tribunals of 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. XXI. That every such Stipendiary Justice shall act for such 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. XXII. That the Stipendiary Justices of the colony shall, from time to time, as occasion may appear to them to require, or when they shall be so directed by the President, meet together in petty 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. ral Justice, or the majority of them, may, in such petty sessions assembled, exercise any of the powers hereby vested in the Stipendiary Justices separately: Provided, however, that no such petty sessions be convened unless by the previous sanction of the 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. No. 1. Act 3 Vic. c. 1. Proviso. Act of Parl. 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, of Great Britain and Ireland, made and passed in the sixth year of the reign of His late Majesty, King George the Fourth, entitled, "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. Meaning of words used in this Act, XXV. That for the purposes, and within the meaning of this Act, the officer lawfully administering the government of this colony, for the time being, shall be deemed and taken to be the 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 66 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 of 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 No. 1. Act 3 Vic. c. 1. "Stipendiary Justices." Import of terms used in this Act. No. 2. Act 3 Vic. c. 36. performance of any work or labour of any kind, hereinbefore particularly mentioned; and that for the purposes, and within the meaning, aforesaid, the words "Stipendiary Justice" shall be construed and understood to comprise such Justices only, as being in the receipt of stipends for their maintenance, as such 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. XXVI. That all words in this Act importing the singular 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.-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 purposes." (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. 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 Class X.] AND THEIR JURISDICTION; MASTERS AND SERVANTS. 269 No. 3. c. 129, shall molest or in any way obstruct another, for the purpose of forcing or inducing such person to belong to any club or association, or to contribute to any common fund; or to pay any fine or penalty; or on account of his not belonging to any particular club or association; or not having contributed, or having refused to contribute to any common fund, or to pay any fine or penalty; 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. of wages, &c. 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 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 VI. That all and every person and persons who shall or may rates of wages, Not to affect meetings for &c. |