Court and Procedure relating thereto. This is all the more necessary by reason of the fact that some of the Acts deal only with criminal offences, while others deal mainly with civil offences. Besides which the procedure is not in all cases quite the same. Furthermore, the legal forms in use differ according to the subject-matter of the complaint, or the remedy sought, as the case may be. It is in these respects that the non-legal mind is apt to fail. But the forms are generally so simple that a wellinformed and careful workman will be able to fill them in for himself. The blank forms are obtainable by the plaintiff or defendant in all the cases required. Those that pertain wholly to the court, or to duties of the Registrar of the County Court, need not be particularised, as they are filled in and issued by the authority of the court. Special attention is therefore called mainly to such forms and procedure as are required for entering a plaint, or for the purposes of defence, as the case may be.

It is sometimes found to be necessary to cite a case in support of an application to the court, or a claim before the court, or in defence of any action. But usually it is not necessary to do so. Some references are given to cases in the notes to the Acts, in the event of such being required. If, however, the matter before the court has to be fought out upon cases cited, of decisions given, legal assistance will generally be needed. An instance is given of a recent case in which the secretary of the National Hosiery Federation obtained his reference from me, of a case under the Recorder's Act, which enabled the society to prosecute a treasurer of the union, and obtain a conviction,

in spite of some reluctance on the part of the Clerk to the Justices, and the technical plea that there was no co-partnership within the meaning of the Act of 1868, as laid down by the Lord Chief Justice (Coleridge) in the case of Regina v. Robson, in 1885.

I have deemed it advisable to include the Employers' Liability Act, 1880, in this issue; it had not been passed when the work was last published. I have also referred to the County Courts Consolidation Act, 1888, in connection with the County Court Rules, and have added a chapter relating to payment of wages, stoppages, and some other matters, and also a new chapter on Appeals and New Trial, as well as some further information respecting arbitration and conciliation in labour disputes. I have thus endeavoured to render the work as full and complete as possible; and with the view of making it reliable I have consulted several legal friends who have most readily rendered me valuable assistance, for which I tender to them my most grateful thanks.

December, 1894.

GEORGE HOWELL.

NOTE.-It was suggested to me that the original Prefaces and some matter in the Appendix should be retained for historical purposes connected with the trade union movement. But the large extension of the book, by the inclusion of new matter of present interest, is of more value than a reprint of what is now eighteen years old.-G. H.

A

HANDY BOOK OF THE LABOUR LAWS

FOR THE USE OF WORKMEN.

CHAPTER I.

THE EMPLOYERS AND WORKMEN ACT, 1875.

INTRODUCTION.

§ I. THE true basis and scope of this Act Short are explained by its short title-Employers and title. Workmen Act, 1875 - which denotes that there shall be equality before the law as regards labour contracts. These are no longer treated as between Masters and Servants, but Employers and Workmen.

This fact was so well expressed by Lord Cross, Scope of then Mr. Cross, the Home Secretary, that we quote the Act. his own words: "For the future, contracts of hiring and service shall be as free and independent both for master and servant as any other contracts between other persons." Breach of a labour contract, therefore, is no longer a criminal offence, as formerly, but the subject of a civil action.

Com

mence

§ II. The Act came into operation on the first day of September, 1875. It is dated August ment of

B

the Act.

Tribunals.

County
Court,

Sheriff

Court,

Civil

Bill Court.

13th, 1875, which was also the date affixed to the first set of "Rules for carrying into effect the Jurisdiction given to Courts of Summary Jurisdiction in England by the Employers and Workmen Act, 1875, 38 & 39 Vict. c. 90," signed by the then Lord Chancellor.* The Rules now in force are dated July 16th, 1886.

The tribunals for hearing and determining 'disputes" between employers and workmen are

two:

§ III.-1st. The County Court in England, the Sheriff Court in Scotland, and the Civil Bill Court in Ireland.

The Act simply adds to the powers previously Powers as exercised by these courts, in relation to any disto ordering

of money,

contract,

payment pute between an employer and a workman, the set-off, re- power to adjust and settle claims arising out of, or scission of incidental to, the relation between them in respect and taking to wages, damages for breach of contract, or security. other wrongs, and to rescind such contracts upon terms, or accept security for the performance of contracts instead of awarding damages for their breach.

Courts of

Jurisdic

tion.

§ IV.-2nd. Courts of Summary Jurisdiction. Summary It is enacted that "a dispute between an employer and workman may be heard and determined by a Court of Summary Jurisdiction, and such court for the purposes of this Act shall be deemed to be a Court of Civil Jurisdiction." +

Jurisdiction of

justices in

disputes

The Court of Summary Jurisdiction thus constituted comprises (1.) Within the City of London, the Lord Mayor or an Alderman, sitting

* For the Rules at present in force see Chap. III.
+ See also § 10 of this Act.

and work

*

at the Mansion House or Guildhall Justice Room. between (2.) In any Police Court Division in the Metro- employers politan Police District, any Metropolitan Police men. Magistrate sitting at a police court for that division. (3.) In any place where a stipendiary magistrate is, for the time being, acting, such stipendiary magistrate sitting at any police court or other appointed place. (4.) Elsewhere any justice or justices of the peace to whom jurisdiction is given by the Summary Jurisdiction Act. But, in the last instance, a complaint under this Act can only be heard and determined, and an order for imprisonment made, by two or more justices of the peace, sitting in petty sessions, at some place appointed for holding petty sessions.

trates.

In places where stipendiary magistrates are ap- Stipendipointed and exercise jurisdiction, the county and ary Magisborough magistrates have no jurisdiction under this Act.

and Powers of

the Court

The to adjust the and set-off

the

The powers conferred on County Courts Courts of Summary Jurisdiction are:-1st. court may adjust and set-off one against other all such claims on the part either of employer or of the workman, arising out of or incidental to the relation between them, as the court may find subsisting, whether such claims are liquidated or unliquidated, and whether they are for wages, damages, or otherwise.

claims.

2nd. The court may also, if it thinks it just to To rescind do so under the circumstances, rescind any contract

* Where an employer claims damages for a workman's absence without notice, a dispute exists within the meaning of this section, and the justices have jurisdiction (Clemson v. Hubbard, 1 Ex. D. 179; 45 L. J. M. C. 69).

contracts.