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of Scope of this Act,
shall have the several Meanings hereby assigned to them, unless there be anything in the Subject or Context repugnant to such Construction: The Word " Employer" shall include any Person, Firm, Corporation, or Company who has entered into a Contract of Service with any Servant, Workman, Artificer, Labourer, Apprentice, or other Person, and the Steward, Agent, Bailiff, Foreman, Manager, or Factor of such Person, Firm, Corporation, or Company: The Word "Employed" shall include any Servant, Workman, Artificer, Labourer, Apprentice, or other Person, whether under the Age of Twentyone Years or above that Age, who has entered into a Contract of Service with any Employer: The Words “Contract of Service" shall include any Contract, whether in Writing or by Parol, to serve for any Period of Time, or to execute any Work, and any Indenture or Contract of Apprenticeship, whether such Contract or Indenture has been or is made or executed before or after the passing of this Act: The Word "Parties" shall include the Employer and Employed under any Contract of Service: The Word "Writing" shall include "Printing:" The Word "Property" shall include all Real and Personal Estate and Effects used and employed under or affected by any Contract of Service or Operations under the same : The Word "Sheriff" applies to Scotland only, and shall include Sheriff-Substitute: The Words "County or Place" shall include County, Riding, Division, Liberty, City, Borough, or Place: The Word "Magistrate" does not apply to Scotland, and means in England, except in the City of London, a Stipendiary Magistrate, and in the City of London means the Lord Mayor or an Alderman sitting at the Mansion House or at the Guildhall, and in Ireland shall apply only to the Metropolitan Police District of Dublin, and there shall mean One of the Divisional Magistrates for such District: The Word "Justice" means Justice of the Peace: The Words "Two Justices" mean Two or more Justices assembled and acting together: The Words "Justice," "Two Justices," "Magistrate," and "Sheriff" respectively mean a Justice, Two Justices, a Magistrate, and a Sheriff having Jurisdiction in the County or Place where any Contract of Service is according to the Terms thereof to be executed, or where the Party against whom any Information, Complaint, or Proceeding is to be laid or taken under this Act happens to be.
III. Nothing in this Act shall apply to any Contract of Service other than a Contract within the Meaning of the and Substi- Enactments described in the First Schedule to this Act, thereof for or some or One of them, or to any Employer or Employed
other than the Parties to a Contract of Service to which existing Enactthis Act applies as aforesaid, or to any Case, Matter, or ments. Thing arising under or relating to any Contract of Service, or arising between Employer and Employed, other than Cases, Matters, and Things to which the said Enactments respectively apply; and in respect of all Contracts of Service, Employers, Employed, Cases, Matters, and Things to which this Act applies, the respective Provisions of this Act shall be deemed to be and are hereby substituted for such of the said Enactments, or so much or such Parts of the same, as would have applied thereto if this Act had not been passed; but any Proceedings at the passing of this Act pending under the said Enactments, or any of them, may be continued and prosecuted as if this Act had not been passed.
to be made
Magistrate in England, Wales, and Ireland, and before
a Justice or
IV. Wherever the Employer or Employed shall neglect Complaint or refuse to fulfil any Contract of Service, or the Employed before a shall neglect or refuse to enter or commence his Service Justice or according to the Contract, or shall absent himself from his Service, or wherever any Question, Difference, or Dispute shall arise as to the Rights or Liabilities of either of the Parties, or touching any Misusage, Misdemeanor, Misconduct, Ill-treatment, or Injury to the Person or Property of either of the Parties under any Contract of Service, the Party feeling aggrieved may lay an Information or Complaint in Writing before a Justice, Magistrate, or Sheriff, setting forth the Grounds of Complaint, and the Amount of Compensation, Damage, or other Remedy claimed for the Breach or Nonperformance of such Contract, or for any such Misusage, Misdemeanor, Misconduct, Ill-treatment, or Injury to the Person or Property of the Party so complaining; and upon such Information or Complaint being laid, the Justice, Magistrate, or Sheriff shall issue or cause Upon Comto be issued a Summons or Citation to the Party so com- made, plained against, setting out the Grounds of Complaint, and Summons the Amount claimed for Compensation, Damage, or other Remedy, as set forth in the said Information or Complaint, issued. and requiring such Party to appear, at the Time and Place therein appointed, before Two Justices or before a Magistrate, or before the Sheriff, to answer the Matter of the Information or Complaint. so that the same may be then and there heard and determined.
V. The Time to be appointed in the Summons or Cita- Time for tion for the Appearance of the Party complained against Appearshall not be less than Two or more than Eight Days from the Date of the Summons or Citation, save that where the Appearance is to be before Justices in Petty Sessions, or before a Magistrate at a Police Court, the Time
On Neglect or Refusal to obey Summons or Citation,
to be appointed shall be that of the Sitting of the Court of Petty Sessions or Police Court at or for the Place where the Summons or Citation is returnable, to be held next after such Two Days (whether within such Eight Days or not).
VI. Every such Summons or Citation shall be served on the Party complained against by being delivered to him or left at his usual Place of Abode or Business not less than Two Days before the Time appointed for his Appearance.
VII. Wherever the Party complained against shall neglect or refuse to appear to any Summons or Citation as aforesaid according to the Provisions of this Act, a Justice, Warrant to Magistrate, or Sheriff may, after due Proof on Oath of the Service of such Summons or Citation, issue a Warrant for the Apprehension of such Party in order to the hearing and determining of the Matter of the Information or Complaint.
In case of
VIII. If at any Time after the laying of the Information or Complaint it appears to a Justice, Magistrate, or Security to Sheriff that the Party complained against is about to abscond, the Justice, Magistrate, or Sheriff may issue a Summons or Citation requiring the Party complained against to appear before a Justice, Magistrate, or Sheriff at a Time and Place therein appointed (such Time being not later than Twenty-four Hours, exclusive of Sunday, from the Date of the last-mentioned Summons or Citation), and to find good and sufficient Security by Recognizance or Bond, with or without Sureties, to the Satisfaction of a Justice, Magistrate, or Sheriff, for his Appearance to answer the Information or Complaint; and if the Party complained against fails to appear at the Time and Place so appointed, a Justice, Magistrate. or Sheriff may issue a Warrant for his Apprehension; and if such Party on appearing to the last-mentioned Summons or Citation, or on being so apprehended, fails so to find Security, a Justice, Magistrate, or Sheriff may order him to be detained in safe Custody until the hearing of the Information or Complaint; but on his so finding Security he shall be set at liberty.
IX. Upon the Hearing of any Information or Complaint under the Provisions of this Act Two Justices, or the Magistrate or Sheriff, after due Examination, and upon the der of Two Proof and Establishment of the Matter of such Information or Complaint, by an Order in Writing under their respective Hands, in their or his Discretion, as the Justice of the Case requires, either shall make an Abatement of Contract of the whole or Part of any Wages then already due to the Employed, or else shall direct the Fulfilment of the Con
tract of Service, with a Direction to the Party com- other Order plained against to find forthwith good and sufficient may be Security, by Recognizance or Bond, with or without Sureties, to the Satisfaction of a Justice, Magistrate, or Sheriff, for the Fulfilment of such Contract, or else shall annul the Contract, discharging the Parties from the same, and apportioning the Amount of Wages due up to the completed Period of such Contract, or else where no Amount of Compensation or Damage can be assessed, or where pecuniary Compensation will not in the Opinion of the Justice, Magistrate, or Sheriff meet the Circumstances of the Case, shall impose a fine upon the Party complained against, not exceeding in Amount the Sum of Twenty Pounds, or else shall assess and determine the Amount of Compensation or Damage, together with the Costs, to be made to the Party complaining, inclusive of the Amount of any Wages abated, and direct the same to be paid accordingly; and if the Order shall direct the fulfilment of the Contract, and direct the Party complained against to find good and sufficient Security as aforesaid, and the Party complained against neglect or refuse to comply with such Order, a Justice, Magistrate, or Sheriff may, if he shall think fit, by Warrant under his Hand, commit such Party to the Common Gaol or House of Correction within his Jurisdiction, there to be confined and kept until he shall so find Security, but nevertheless so that the Term of Imprisonment, whether under One or several successive Committals, shall not exceed in the whole the Period of Three Months Provided always, that the Two Justices, Magistrate, or Sheriff may, if they or he think fit, assess and determine the Amount of Compensation or Damage to be paid to the Party complaining, and direct the same to be paid, whether the Contract is ordered by them or him to be annulled or not, or, in addition to the annulling of the Contract of Service and Discharge of the Parties from the same, may, if they or he think fit, impose the Fine as herein-before authorized, but they or he shall not under the Powers of this Act be authorized to annul, nor shall any Provisions of this Act have the Effect of annulling, any Indenture or Contract of Apprenticeship that they or he might not have annulled or that would not have been annulled if this Act had not been passed.
X. Where it is alleged by any Party to a Contract of EnforceService that the Condition of a Recognizance or Bond en- Recogniztered into or given for the Fulfilment of the Contract under ance or the Provisions of this Act has not been performed, Two Fulfilment Justices, or a Magistrate or Sheriff, being satisfied thereof, of Contract. after hearing the Parties and the Sureties (if any), or in the Absence of any Party or Surety not appearing after
Recovery of Money by Distress or Poinding, and
Summons or Citation in that behalf, may order that the Recognizance or Bond be enforced for the whole or Part of the Sum thereby secured, as to the Justices, Magistrate, or Sheriff seems fit; and the Sum for which the same is so ordered to be enforced shall be recoverable accordingly in a summary Manner under the Acts described in the Second Shedule to this Act.
XI. Where on the Hearing of an Information or Complaint under this Act an Order is made for the Payment of Money, and the same is not paid as directed, the same shall be recovered by Distress or Poinding of the Goods Imprison- and Chattels of the Party failing to pay, and in default thereof by Imprisonment of such Party, according and subject to the Acts described in the Second Schedule to this Act; but no such Imprisonment shall be for more than Three Months, or be with Hard Labour.
ment in default.
ment to be
in discharge of Compensa
XII. From and after the Expiration of the Term of any such Imprisonment as aforesaid, the Amount of Fine, Compensation, or Damages, together with the Costs, so assessed and directed to be paid by any such Order as aforesaid, shall be deemed and considered as liquidated and discharged, and such order shall be annulled accordingly, and the said Parties exonerated from their respective Obligations under the same: Provided always, that no Wages or any Portion thereof which may be accruing due to the Employed under any Contract of Service after the Date of such Order shall be assessed to the Amount of Poinding, Compensation or Damages and Costs directed to be paid by him under any such Order or Warrant of Distress or Poinding, or be seizable or arrestable under the same
Fines and Money recovered.
ment for aggravated Misconduct, &c.
XIII. Where Justices, or a Magistrate or Sheriff, impose any Fine or enforce any Sum secured by a Recognizance or Bond under this Act, they or he may, if they or he think fit, direct that a Part, not exceeding One Half, of such Fine or Sum, when recovered, be applied to compensate an Employer or Employed for any Wrong or Damage sustained by him by reason of the Act or Thing in respect of which the Fine was imposed, or by reason of the Nonfulfilment of the Contract of Service.
XIV. Where on the Hearing of an Information or Complaint under this Act it appears to the Justices, Magistrate or Sheriff that any Injury inflicted on the Person or Property of the Party complaining, or the Misconduct, Misdemeanour, or Ill-treatment complained of, has been of an aggravated Character, and that such Injury, Misconuct, Misdemeanour, or Ill-treatment has not arisen or ben committed in the bond fide Exercise of a legal Right, existing, or bond fide and reasonably supposed to exist and further, that any pecuniary Compensation or other