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Remedy by this Act provided will not meet the Circumstances of the Case, then the Justices, Magistrate, or Sheriff may, by Warrant, commit the Party complained against to the Common Gaol or House of Correction within their or his Jurisdiction, there to be (in the Discretion of the Justices, Magistrate, or Sheriff,) imprisoned, with or without Hard Labour, for any Term not exceeding Three Months,
XV. Any Party convicted by Two Justices or the Magistrate under the Provisions of the last preceding Section may appeal against the Conviction upon finding good and sufficient Security, by Recognizance or Bond, with or without Sureties, to the Satisfaction of a Justice or Magistrate, to prosecute the said Appeal at the next General Court of Quarter Sessions of the Peace to be holden in and for the County or Place wherein such Conviction shall have been made, and to abide the Result of the said Appeal according to the usual Procedure of such Court, and to pay such Costs as that Court may direct, which Costs that Court is hereby empowered to award.
XVI. Upon the hearing and determination of any Information or Complaint between Employer and Employed, and on any Appeal, under the Provisions of this Act, the respective Parties to the Contract of Service, their Husbands or Wives, shall be deemed and considered as competent Witnesses for all the Purposes of this Act.
Party convicted may appeal to the next General Sessions of the Peace.
Parties to the ConService to be compe
XVII. No Wages shall become payable to or recover- Wages not able by any Party for or during the Term of his Imprison- to be payment under any Warrant of Committal under this Act. ImprisonXVIII. Nothing in this Act shall prevent Employer or mer ment. Employed from enforcing their respective Civil Rights and Remedies for any Breach or Nonperformance of the Contract of Service by any Action or Suit in the ordinary Courts of Law or Equity in any Case where Proceedings are not instituted under this Act; nor shall anything in this Act affect the Provisions of the Act of the Fifth Year of King 5 Geo. 4, c. George the Fourth (Chapter Ninety-six), "to consolidate "and amend the Laws relative to the Arbitration of Dis"putes between Masters and Workmen," or of any Act extending or amending the same.
XIX. Nothing in this Act shall interfere with the usual Saving for and accustomed Mode of Procedure in any Court of Crimi- Indictnal Judicature for the Trial of indictable Offences relating to wilful and malicious Injuries to Persons or Property committed by Masters, Workmen, Servants, or others, either at Common Law or under the several Statutes made and now in force for the Punishment of such Offences, but so that no Person be twice prosecuted for the same Offence.
No Objection to be taken for Defect in Forms.
Application of summary Procedure
XX. The several Forms in the Third Schedule to this Act contained, or Forms to the like Effect, shall be deemed valid and sufficient in Law, and no Objection shall be taken or allowed for any alleged Defect therein, either in Substance or in Form, and in Scotland any Complaint under the Provisions of this Act, if brought before the Sheriff, may be in the Form of a summary Petition, and followed by the usual Forms of Procedure applicable to summary Petitions in the Sheriff Court; and the Forms set forth in the Third Schedule (Part 2.-Scotland) to this Act Annexed, or Forms to the like Effect, may be used, and shall be sufficient for the Purposes thereof.
XXI. The Enactments described in the Second Schedule to this Act, and all enactments extending or amending the same, shall apply and be put in force to and in respect of Proceedings under this Act, except as far as any Provision of this Act is inconsistent therewith.
XXII. Except as in this Act expressly otherwise provided, every Order or determination of a Justice, Justices, a Magistrate, or a Sheriff, shall be final and conclusive, notwithstanding anything in any of the Enactments described in the First Schedule to this Act. 23. No Writ of Certiorari or other Process shall issue to remove any Proceedings under this Act into any Superior Court. 24. Nothing in this Act shall take away or abridge any local or special Jurisdiction touching Apprentices. 25. Nothing in this Act shall extend or make applicable to or in Ireland, or to or in any Part of Great Britain, any of the Enactments described in the First Schedule to this Act not in force there independently of this Act. 26. This Act shall continue in force until the Expiration of One Year after the passing thereof, and to the End of the then next Session of Parliament, and no longer.
THE FIRST SCHEDULE.
Enactments referred to.
7 Geo. 1 Stat. 1, c. 13, ss. 4, 6.-As to Journeymen Taylors. 9 Geo. 1, c. 27, s. 4.-As to Journeyman Shoemakers. 13 Geo., c 2
8, ss. 7, 8.-As to Woollen, Linen, Fustian, Cotton, Leather, and Iron Manufactures. 20 Geo. 2, c. 19.-For Recovery of Wages, &c. 27 Geo. 2, c. 6.-Stannaries in Devon and Cornwall. 31 Geo. 2, c. 11, s. 3.-Apprentices gaining a Settlement by Indenture, &c. 6 Geo. 3, c. 25.-Apprentices, and Persons working under Contract. 17 Geo. 3. c. 56, ss. 8, 19.-Manufacture of Hats, and Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures; also Journeymen Dyers. 33 Geo. 3, c. 55, ss. 1, 2.-Constables, Overseers, and other Peace or Parish Officers, and Ill-usage of Apprentices, &c. 39 & 40 Geo. 3, c. 77, s. 3.-Security of Collieries and Mines, &c. 59 Geo. 3, c. 92, ss. 5, 6.-Justices of Peace in Ireland. 4 Geo. 4, c. 29.-An Act to increase the power of Magistrates in Cases of Apprenticeships. 4 Geo. 4, 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. 4, 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.
11 & 12 Vict. c. 43. 28 & 29 Vict., c. 127.-The Small Penalties Act, 1865.
27 & 28 Vict. c. 53.-The Summary Procedure Act, 1864.
14 & 15 Vict., c. 93.-The Petty Sessions (Ireland) Act, 1851.
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
(hereafter called the said Employed) being the Servant [or Workman, or Artificer, or Labourer, or Apprentice] of the said C.D. of
(hereafter called the said Employer) in his Trade or Business of a under a certain Contract of Service [or Apprenticeship] for a Period now unexpired, [or to execute certain Work, namely, ,]* did on the
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 Mis-usage, Misdemeanor, Misconduct, or Illtreatment of either Party-Proceed to the Asterisk * in (a.), and then and that a certain 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
the said County, namely, that he, the said [setting it out shortly]. [Conclusion as (e.) below].
(d.) Dispute us 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 at the Parish of in the said County. [Conclusion as in (e.) below].
(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 Mis-usage, 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.
Forms of Procedure before the Sheriff in Scotland.
Under The Master and Servant Act, 1867.
Unto the Sheriff.
A.B. [describe Place of Abode and Trade.]
C.D. [describe Place of Abode and Trade.]
The Complainer humbly showeth
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.
According to Justice,
A.B. [Signature of Complainer:]