The expression" workman " does not include a domestic or menial "Workman." The expression Jurisdiction the Summary Jurisdiction Act" (i) means the "The Summary Act of the session of the eleventh and twelfth years of the Act." reign of Her present Majesty, chapter forty-three, intituled, An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders, inclusive of any Acts amending the same. The expression" court of summary jurisdiction" (i) means— 1. As respects the city of London, the Lord Mayor or any alderman of the said city sitting at the Mansion House or Guildhall justice-room; and (h) An omnibus conductor engaged at daily wages paid daily, is not a person to whom the Employers and Workmen Act, 1875, applies," and therefore is not entitled to the benefit of the Employers Liability Act, 1880 (43 & 44 Vict. c. 42): Morgan v. London General Omnibus Co., 13 Q.B.D. 832; 53 L. J. Q.B. 352. The classes enumerated (in Employers and Workmen Act, 1875, sect. 10), are labourer, servant in husbandry, journey. man, artificer, handicraftsman, miner, or otherwise engaged in manual labour.' Let me test for a moment the meaning of these words. Neither a carpenter, a bailiff, nor the clerk of a parish can be described as a labourer,' but a man employed to dig the ground is a servant in husbandry'; a stevedore may be a person engaged in manual labour.' As to the conductor of an omnibus, I cannot think that he falls within any of the classes enumerated; he is not engaged in manual labour.' He does not lift the passengers into and out of the omnibus. It is true that he may help to change the horses, but his real and substantial business is to invite persons to enter the omnibus, and to take and keep for his employers the money paid by the passengers as their fares," per Brett, M.R. (ib. p. 833). "It seems to me that manual labour' can only mean labour performed by hand,' and it is The driver of a tramcar is not a post. Sections 10-15. factory workers. 2. As respects any police court division in the metropolitan police district, any metropolitan police magistrate sitting at the police court for that division; and 3. As respects any city, town, liberty, borough, place, or district for which a stipendiary magistrate is for the time being acting, such stipendiary magistrate sitting at a police court or other place appointed in that behalf; and 4. Elsewhere, any justice or justices of the peace to whom jurisdiction is given by the Summary Jurisdiction Act: Provided that, as respects any case within the cognizance of such justice or justices as last aforesaid, a complaint under this Act shall be heard and determined and an order for imprisonment made by two or more justices of the peace in petty sessions sitting at some place appointed for holding petty sessions. Nothing in this section contained shall restrict the jurisdiction of the Lord Mayor or any alderman of the city of London, or of any metropolitan police or stipendiary magistrate, in respect of any action or jurisdiction which may now be done or exercised by him out of court. Set off in case of 11. In the case of a child, young person, or woman subject to the provisions of the Factory Acts, 1833 to 1874, any forfeiture on the ground of absence or leaving work shall not be deducted from or set off against a claim for wages or other sum due for work done before such absence or leaving work, except to the amount of the damage (if any) which the employer may have sustained by reason of such absence or leaving work. Application to apprentices. Saving of special jurisdiction, and seamen. Application. 12. This Act in so far as it relates to apprentices shall apply only to an apprentice to the business of a workman as defined by this Act upon whose binding either no premium is paid, or the premium (if any) paid does not exceed twenty-five pounds, and to an apprentice bound under the provisions of the Acts relating to the relief of the poor. Saving Clause. 13. Nothing in this Act shall take away or abridge any local or special jurisdiction touching apprentices (k). PART IV. Application of Act to Scotland. Section 14 deals with the application of the Act to Scotland. Application to PART V. Application of Act to Ireland. 15. This Act shall extend to Ireland, with the modifications following: that is to say, (k) By the 43 & 44 Vict. c. 16, sect. 11, the part of this section here omitted, which excluded seamen and apprentices to the sea service from this Act, was repealed, and this Act now applies to them. وو The expression" county court shall be construed to mean civil The expression" fifth section of the Debtors Act, 1869," shall be Section 15. COUNTY OFFICERS AND COURTS (IRELAND) [40 & 41 VICT. CH. 56.] An Act to amend the Laws relating to County Officers and to Courts of 14th August 1877. THE following sections of this Act are applicable to the jurisdiction of magistrates on appeal and otherwise Section 72. in appeal from 14 & 15 Vict. 72. In every appeal from an order of justices in any case of summary Form of jurisdiction under the provisions of the 24th section of the Petty Sessions recognizance (Ireland) Act, 1851, the recognizance into which the appellant is thereby Petty Sessions, required to enter shall be conditioned to prosecute such appeal, and to c. 93. abide and perform the judgment and order of the court of appeal thereon, and to pay such costs as may be awarded by the said court, and in the case of an order to imprison, not to abscond pending the execution of the original order, or of the judgment, or order of the court of appeal and save as aforesaid shall be in the form prescribed by the said Act. In addition to the powers, jurisdiction, and authority conferred by the Petty Sessions (Ireland) Act, 1851, with respect to appeals, the court before which any such appeal shall be pending shall have power to adjourn the hearing of such appeal, or to remit the matter to the justices at the Petty Sessions where the original order was made, with such declarations or directions as to the court of appeal shall seem proper, and such justices shall have power to determine the matter when so Sections 72-76. remitted, having regard to such declarations or directions. Whenever any such appeal shall not have been prosecuted, or the original order shall have been confirmed or varied upon appeal, or either party shall upon such appeal have been ordered to pay costs, the court of appeal shall have and may exercise the same powers, jurisdiction, and authority to issue all necessary and proper warrants for the execution of the original order, or of such varied order, and to enforce the payment of the said costs, as the court which made the original order had or might have exercised when making such order. Justices on appeal. Appeals under the Fishery Acts. 14 & 15 Vict. c. 93. Estreating of 14 & 15 Vict. c. 93. 73. No justice who shall have taken part in the original hearing or decision of any case in which there shall be an appeal from any order of justices shall take part in the hearing or decision of the appeal. 74. In case any justice or justices shall, after the passing of this Act, dismiss any complaint made under the provisions of the Act passed in the session of Parliament held in the fifth and sixth years in the reign of Her present Majesty, chapter one hundred and six, or of any Act altering or amending the same, either on the merits or without prejudice, if any person prosecuting shall feel aggrieved by such order of dismissal such person may appeal against such order; and the several provisions of the 24th section of the Petty Sessions (Ireland) Act, 1851, as amended by this Act, shall extend and may be applied to such appeal: Provided that the amount of the recognizance to be entered into by such appellant shall be such as to the justice shall seem reasonable. 75. So much of the 24th section of the Petty Sessions (Ireland) recognizances, Act, 1851, as provides for the estreating of recognizances of the party bound to prosecute an appeal shall be and the same is hereby repealed, and from and after the passing of this Act whenever the party bound to prosecute an appeal against an order to imprison shall have absconded, either before or after the hearing of the said appeal, or before or after the time fixed for the hearing thereof where the same shall not have been prosecuted, or whenever the party bound to prosecute any appeal shall not have abided and performed the order of the court of appeal made therein, or whenever the party bound to prosecute an appeal against any order for the payment of any penal or other sum shall not have performed the obligation of his recognizance, and shall have no goods whereon to levy the amount of the same by distress, it shall be lawful for the justices at the Petty Sessions where the original order was made, and after like proof of notice to the parties as in estreating other recog nizances in summary proceedings, to make an order for estreating the recognizance in any such case to such amount as they shall think fit, and for paying out of such amount such sum as shall have been directed to be paid to any party by such original order, or by any order duly made on appeal, as the case may be, and thereupon to issue a warrant in the form (E. a) in the schedule to the said Act annexed for the levy of the same upon the goods of any one or more of the several persons bound thereby. The powers conferred by this section upon justices at Petty Sessions, as well as those conferred upon such justices by the thirtyfourth section of the Petty Sessions (Ireland) Act, 1851, may in the Police District of the Metropolis of Dublin be exercised by a divisional justice sitting at any of the police courts of the said district. 14 & 15 Vict. c. 93. No conviction to be quashed on the ground of error in the complaint. 76. No conviction or order made by any justice or justices shall be held void, or shall be quashed by reason of any defect, omission, or variance in the summons, charge, or information upon which the same shall purport to have been made, provided that such defect, omission, Sections 76-78. or variance shall not have misled or prejudiced the defendant, or have affected the merits of his case, and the justice or justices at the original hearing, or any court of appeal or superior court before whom the decision of any such justice or justices shall afterwards come, may, upon such terms as shall appear just, make any amendment in any summons, charge, or information which shall appear to be requisite for the purpose of making the conviction or order conformable with the same, or of raising the real question at issue and deciding the case as justice shall require. justices acting (Ireland) Act, 77. The provisions of the Petty Sessions (Ireland) Act, 1851, as to Warrants of the execution of warrants, shall extend, and may be applied, to the under Towns execution of warrants issued by magistrates appointed under the Towns Improvement Improvement (Ireland) Act, 1854; and the term "county in the 1854. Petty Sessions (Ireland) Act, 1851, shall for this purpose be construed to include any town within the boundaries of which any such magistrate shall have the jurisdiction of a justice of the peace. need not be 78. In all cases of summary jurisdiction any exception, exemption, Exceptions proviso, qualification, or excuse, whether it does or does not accompany negatived. the description of the offence complained of, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required from the complainant unless evidence shall be given by the defendant concerning the same. PETTY SESSIONS CLERKS, AND FINES [41 & 42 VICT. CH. 69.] An Act to amend the Law regulating the Office of Clerk of Petty Sessions, and the Law relating to Fines in Ireland; and for other purposes. [16th August 1878. BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Sections 1, 2. 1. This Act may be cited for all purposes as the Petty Sessions Clerks short title. and Fines (Ireland) Act, 1878; and the Petty Sessions Clerk (Ireland) 21 & 22 Vict. Act, 1858, in this Act referred to as "the principal Act," and this Act c. 100. may be cited together for all purposes as the Petty Sessions Clerks (Ireland) Acts, 1858 and 1878. 2. Petty Sessions Clerks. salaries. (a) It shall be lawful for the Lord Lieutenant to fix, and scale of from time to time to vary, a scale of salaries to be paid to the several petty sessions clerks in lieu of the scale set forth in the said schedule. Revision Act, 1883 (46 & 47 Vict. (a) The part of this section here omitted is repealed by the Statute Law c. 39). |