materials for making boots, shoes, or slippers, and for better regulating the said journeymen. 13 Geo. II. c. 8, ss. 7, 8.-An Act to explain and amend an Act made in the first year of the reign of her late Majesty Queen Anne, intituled "An Act for the more effectual preventing the abuses and frauds of persons employed in the working up the woollen, linen, fustian, cotton, and iron manufactures of this kingdom;" and for extending the said Act to the manufactures of leather. 20 Geo. II. c. 19.-An Act for the better adjusting and more easy recovery of the wages of certain servants; and for the better regulation of such servants and of certain apprentices. 27 Geo. II. c. 6.-An Act to repeal a proviso in an Act made in the twentieth year of his present Majesty's reign, intituled "An Act for the better adjusting and more easy recovery of the wages of certain servants, and for the better regulation of such servants and of certain apprentices," which provides that the said Act shall not extend to the Stannaries in Devon and Cornwall. 31 Geo. II. c. 11, s. 3.-An Act to amend an Act made in the third year of the reign of King William and Queen Mary, intituled "An Act for the better explanation and supplying the defects of the former laws for the settlement of the poor, so far as the same relates to apprentices gaining a settlement by indenture;" and also to impower justices of the peace to determine differences between masters and mistresses and their servants in husbandry, touching their wages, though such servants are hired for less time than a year. 6 Geo. III. c. 25.-An Act for better regulating apprentices, and persons working under contract. 17 Geo. III. c. 56, ss. 8, 19.—An Act for amending and rendering more effectual the several laws now in being, for the more effectual preventing frauds and abuses by persons employed in the manufacture of hats, and in the woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax, mohair, and silk manufactures; and also for making provisions to prevent frauds by journeymen dyers. 33 Geo. III. c. 55, ss. 1, 2.-An Act to authorize justices of the peace to impose fines upon constables, overseers, and other peace or parish officers, for neglect of duty, and on masters of apprentices for ill-usage of such their apprentices; and also to make provision for the execution of warrants of distress granted by magistrates. 39 & 40 Geo. III. c. 77, s. 3.—An Act for the security of collieries and mines, and for the better regulation of colliers and miners. 59 Geo. III. c. 92, ss. 5, 6.-An Act to enable justices of the peace in Ireland to act as such, in certain cases, out of the limits of the counties in which they actually are; to make provision for the execution of warrants of distress granted by them; and to authorize them to impose fines upon constables and other officers for neglect of duty, and on masters for ill-usage of their apprentices. 4 Geo. IV. c. 29.-An Act to increase the power of magistrates in cases of apprenticeships. 4 Geo. IV. c. 34.-An Act to enlarge the powers of justices in determining complaints between masters and servants, and between masters, apprentices, artificers, and others. 10 Geo. IV. c. 52.-An Act to extend the powers of an Act of the fourth year of his present Majesty, for enlarging the powers of justices in determining complaints between masters and servants to persons engaged in the manufacture of silk. 5 & 6 Vict. c. 7.-An Act to explain the Acts for the better regulation of certain apprentices. 6 & 7 Vict. c. 40, s. 7.—An Act to amend the laws for the prevention of frauds and abuses by persons employed in the woollen, worsted, linen, cotton, flax, mohair, and silk hosiery manufactures; and for the further securing the property of the manufacturers and the wages of the workmen engaged therein. 14 & 15 Vict. c. 92, s. 16.—The Summary Jurisdiction (Ireland) Act, 1851. THE SECOND SCHEDULE. Summary Procedure Acts applied. ENGLAND. 11 & 12 Vict. c. 43.-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. 28 & 29 Vict. c. 127.-The Small Penalties Act, 1865. SCOTLAND. 27 & 28 Vict. c. 53.-The Summary Procedure Act, 1864. IRELAND. 14 & 15 Vict. c. 93.-The Petty Sessions (Ireland) Act, 1851. To wit. THE THIRD SCHEDULE. Forms. PART 1.-ENGLAND AND IRELAND. (A.) Information and Complaint. The information and complaint B. of [describe place of } abode and trade] this day plaide before me for us, one or more justices or a magistrate] in and for the said [county or place] against C. D. of [describe place of abode and trade], for that [here state the matter of the complaint, and the amount claimed for damages, or other remedy, as in one of the forms of statements of grounds of complaint below]. (Signed) A. B. Exhibited to and before me, the day of 186, at (B.) J. S. Statements of the Matters or Grounds of Complaint for Insertion in the ordinary General Forms in use by Justices. (a.) Neglecting to fulfil Contract.—That A. B., of ],* did, on the (hereafter called the said employed), being the servant [or workman, or artificer, or labourer, or apprentice] of the said C. D., of in his trade or business of a [or apprenticeship] for a period now unexpired [or to execute certain work, namely, in the said county, unlawfully neglect [or refuse], and has ever since neglected [or refused] to fulfil the said contract [or to enter into or commence his service according to the said contract, or apprenticeship, or has absented himself from the service of the said employer without just cause or lawful excuse]. [Conclude as in statement (e.) below.] (b.) Dispute as to Rights.-Proceed to the asterisk* in (a.), and then: and that a certain question, difference, and dispute has arisen between them as to the right [or liability] of the said employed [or employer] under the said contract, namely [stating it], which the said employed [or employer] claims should, &c. [as the fact is]. [Conclusion as (e.) below.] (c.) Disputes as to Misusage, Misdemeanor, Misconduct, or Ill-treatment of either Party.-Proceed to the asterisk * in (a.), and then: and that a certain at question, difference, and dispute has arisen between them touching certain ill usage which the said employed [or employer] committed [or inflicted] upon the said employer [or employed]; [or touching a certain misdemeanor which the said employer committed], [or touching certain misconduct which the said employed was guilty of], [or touching certain ill treatment which the said employed or employer inflicted upon the said employer or employed], on the day of in the said county, namely, that he, the said [setting it out shortly.] [Conclusion as (e.) below.] (d.) Dispute as to Injury to Person or Property of either Party.—Proceed to the asterisk in (a.), and then: and that a certain question, difference, and dispute has arisen between them touching a certain injury which the said employed [or employer] inflicted to the person of the said employer [or employed], [or to the property of the said employer or employed], on the day of in the said county. [Con (e.) Conclusion to either of the Forms (a.), (b.), (c.), and (d.)—And the said complainant, the employer [or employed] further says that the amount of compensation [or damage] which he claims for the said breach and nonperformance of the said contract [or for the said misusage, or misdemeanor, or misconduct, or ill treatment, or injury, as the case may be], is £ and he prays that the said employed [or employer] may be summoned and adjudicated upon under section of the Master and Servant Act, 1867. (C.) Forms of Adjudication upon Complaints, for Insertion in the ordinary General Forms of Conviction in England, and Orders in Ireland. Do adjudge and order, in pursuance of the Master and Servant Act, 1867, that (a.) Abatement of Wages.-The sum of being the whole [or a part] of the wages now due to the said employed, shall be abated therefrom. [Costs as (f.) below.] (b.) Order for fulfilment of Contract. The said employed [or employer] shall fulfil the said contract forthwith [and, if so, that the said employed, or employer, shall forthwith find good and sufficient security by recognizance, himself in the sum of £ and two sureties in the sum of £ surety in the sum of £ [Costs as (f) below.] each, or one for the due fulfilment of the said contract. (c.) Where Contract annulled, Wages apportioned and Fine imposed.—The said contract shall be annulled, and the said parties thereto be forthwith discharged from the same. and we do apportion the wages of to be due to the said employed, to the completed period of the said contract. [Costs as (f.) below.] (d.) Where Fine imposed instead of Compensation.-That the said employer [or employed] shall forfeit and pay the fine or sum of £ as (f.) below.] [Costs (e.) Where Compensation, &c., assessed.-Do assess, determine, and direct that the sum of £ shall be paid by the said employed [or employer] to the said employer [or employed] as and for compensation [or damages] to him for the breach and nonperformance of the said contract [or, as the case may be.] [Costs as (f) below.] (f) Costs in all Cases.-And that the said employed [or employer] shall pay to the said employer [or employed] the sum of £ incurred in this behalf. (D.) for his costs (a.) Statement of Complaint for Nonperformance of Condition of Recognizance given as Security for Fulfilment of Contract.-Proceed as in the Form (A.) and to the asterisk* in the Statement (a.), and then: and the said employer [or employed] having neglected and refused to fulfil the said contract was duly summoned before day of of The E. F., &c. [describe the magistrate] on the and by him was, in pursuance of section Master and Servant Act, 1867, ordered and directed to find security for the fulfilment of the said contract, and in obedience thereto the said employer [or employed] duly entered into his own recognizance in the sum of £ and E. F. and F. G. as his sureties entered into a recognizance in the sum of £ each, conditioned that the said employer [or employed] should forthwith fulfil the said contract; but the said employed [or employer] has not performed the said condition, or in any way fulfilled the said contract. (b.) Adjudication upon the last Complaint for Insertion in the usual General Form of Orders in use in England and Ireland.-After reciting in the past tense the statement of complaint (a.): Do adjudge and order, in pursuance of section of the said Act, that the said recognizances be estreated and that the said employed [or employer] shall forthwith pay the sum of £ and the said E. F. and F. G. the sum of £ each, and further each of them the sum of for the costs of the said employer [or employed] in this behalf, such sums to be respectively applied according to law. £ (E.) Forms of Adjudication in aggravated Cases for Insertion in the ordinary General Forms of Conviction in England and Orders in Ireland. After reciting the conviction on one of the complaints in Form (A.) applicable, say, And it appearing to us [or me] that the said injury so inflicted on the person [or property] of the said employed [or employer, or the said misconduct, or misdemeanour, or ill-treatment complained of] was of an aggravated character, and did, not arise [or was not committed in the bonâ fide exercise of any legal right existing, or bonâ fide and reasonably supposed to exist, and further that any pecuniary compensation or other remedy provided by The Master and Servant Act, 1867, will not meet the circumstances of the case, do hereby, in pursuance of section of that Act, adjudge the said employed [or employer] for his said offence to be imprisoned in the house of correction at in the said county [and there to be kept to hard labour] for the That the said C. D. [here state the matter of the complaint, and the amount claimed for damages, as in forms of statements in Part 1. (B.)]. May it therefore please your lordship to grant warrant to cite the said C. D., respondent, to appear before you to answer to this complaint, and thereafter to proceed in the matter in terms of the said Act. The sheriff grants warrant to officers of court to serve a copy of the foregoing complaint and of this deliverance upon C. D., respondent, and to cite him to appear personally to answer thereto at [court house or place] upon the day of noon, with certification, and also to cite witnesses and havers for both parties for all diets in the cause. at [Signature of sheriff.] 3. FORM OF CITATION. To C. D. [designation.] Take notice that you are cited to appear personally at the time and place specified in the warrant of citation to answer the complaint attached, in respect of which said warrant is issued with certification. This complaint served by me, sheriff officer, upon C. D., respondent [state whether personally, or otherwise], in presence of [state name and designation of witness], this eighteen hundred and day of L. M., Witness. years. E. F., sheriff officer. REPORT OF CASE, WEIR OR WILSON v. MERRY AND CUNINGHAME, IRONMASTERS, GLASGOW, IN HOUSE OF LORDS. THIS case was referred to at page 248, as having decided in the Court of Session the principle that an employer was not responsible for injuries sustained by a servant through the acts or omissions of a fellow servant. This decision has been affirmed in the House of Lords, by a judgment pronounced upon the 29th of May, 1868, which now settles the law upon this much-contested point, upon which legal opinion was a good deal divided. As the case is of such general importance, we give the report of the Law Lords in delivering judgment. LORD CHANCELLOR-My lords, the respondents in this case are coal and iron masters, owning the Haughhead Coal Pit, near Hamilton, in the county of Lanark. This pit had, prior to the 21st November, 1863, been sunk to the depth of ninety-five fathoms, and contained four seams of coal. The upper seam, called the Ell coal, had been worked out, and the respondents determined to work the next underlying seam, called the Pyotshaw coal. In order to open this seam from the side of the pit, a scaffold was erected in the pit, from and by means of which to drive the level in the Pyotshaw seam. This scaffold was completed on Saturday the 21st of November, 1863. On the following Monday, the 23rd of November, 1863, Robert Wilson and Henry Wilson, sons of the appellant, were engaged by the respondents to assist in driving this level; and on the 24th of November they went to work. The system of ventilation in the pit, before the scaffold was placed there, was of the usual kind, by downcast and upcast; and it is not suggested that before the platform was erected the system of ventilation was defective in any particular. The platform, however, interrupted the free current or circulation of air in the pit; and although it is stated that apertures were left in the platform on the upcast side for the return of the air from the shaft below, yet an accumulation of fire-damp appears to have taken place underneath the platform, and on the 25th of November, 1863, while Henry Wilson was searching on the scaffold with a light for a wedge which was missing, the light came in contact with the fire-damp coming from beneath the scaffold, and an explosion took place, by which the scaffold was blown up, and Henry Wilson killed on the spot. The present action was raised by the appellant, as the mother of Henry Wilson, for damages in consequence of his |