for A court of summary jurisdiction may direct any sum of money, the payment of which it makes an order under this Act, to be paid by instalments, and may from time to time rescind or vary such order. Any sum payable by any person under the order of a court of summary jurisdiction in pursuance of this Act shall be deemed to be a debt due from him in pursuance of a judgment of a competent court within the meaning of the fifth section of the Debtors Act, 1869, and may be enforced accordingly; and as regards any such debt a court of summary jurisdiction shall be deemed to be a court within the meaning of the said section. The Lord Chancellor may at any time after the passing of this Act and from time to time, make, and when made rescind, alter, and add to, rules for carrying into effect the jurisdiction by this Act given to a court of summary jurisdiction, and in particular for the purpose of regulating the costs of any proceedings in a court of summary jurisdiction, with power to provide that the same shall not exceed the costs which would in a similar case be incurred in a county court, and any rules so made in so far as they relate to the exercise of jurisdiction under the said fifth section of the Debtors Act, 1869, shall be deemed to be prescribed rules within the meaning of the said section. PART III. Definitions and Miscellaneous. 10. [Definitions-" Workman."]-In this Act The expression "workman" does not include a domestic or menial servant, but save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under the age of twentyone years or above that age, has entered into or works under a contract with an employer, whether the contract be made before or after the passing of this Act, be express or implied, oral or in writing, and be a contract of service or a contract personally to execute any work or labour. "The Summary Jurisdiction Act."-The expression "the Summary Jurisdiction Act" means the Act of the session of the eleventh and twelfth years of the 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" 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 (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 stipendary magistrate is for the time being acting, such stipendary 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 act or jurisdiction which may now be done or exercised by him out of court. 11. [Set off in case of factory workers.]—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 inay have sustained by reason of such absence or leaving work. Application. 12. [Application to apprentices.]-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. [Saving of special jurisdiction, and seamen.]-Nothing in this Act shall take away or abridge any local or special jurisdiction touching apprentices. This Act shall not apply to seamen or to apprentices to the sea service. PART IV. Application of Act to Scotland. 14. [Application to Scotland. Definitions.]—This Act shall extend to Scotland, with the modifications following; that is to say, In this Act with respect to Scotland The expression "county court" means the ordinary sheriff-court of the county: The expression" the court of summary jurisdiction" means the small debt court of the sheriff of the county: The expression "Sheriff" includes Sheriff-Substitute: The expression "instrument of apprenticeship" means indenture : The expression "defendant" includes defender or respondent: of the seventh year of the reign of His Majesty King William same. The expression "surety" means cautioner: This Act shall be read and construed, as if for the expression "the Lord Chancellor," wherever it occurs therein, the expression "the Court of Session by Act of Sederunt" were substituted. All jurisdictions, powers, and authorities necessary for the purposes of this Act are hereby conferred on sheriffs in their ordinary or small debt courts, as the case may be, who shall have full power to make any order on any summons, petition, complaint, or other proceeding under this Act, that any county court or court of summary jurisdiction is empowered to make on any complaint or other proceeding under this Act. Any decree or order pronounced or made by a Sheriff under this Act shall be enforced in the same manner and under the same conditions in and under which a decree or order pronounced or made by him in his ordinary or small debt court, as the case may be, is enforced. PART V. Application of Act to Ireland. 15. [Application to Ireland.]—This Act shall extend to Ireland, with the modifications following; that is to say, The expression" county court" shall be construed to mean civil bill court: The expression "Lord Chancellor" shall be construed to mean the The expression "The Summary Jurisdiction Act" shall be construed Acts regulating the powers and duties of justices of the peace for such district, and elsewhere in Ireland, the Petty Sessions (Ireland) Act, 1851, and any Acts amending the same: The expression" court of summary jurisdiction" shall be construed to mean any justice or justices of the peace or other magistrate to whom jurisdiction is given by the Summary Jurisdiction. Act: The court of summary jurisdiction, when hearing and determining complaints under this Act, shall in the police district of Dublin metropolis be constituted of one or more of the divisional justices of the said district, and elsewhere in Ireland of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions: The expression " fifth section of the Debtors Act, 1869," shall be construed to mean "sixth section of Debtors Act (Ireland), 1872.” CHAP. V.-ENTAIL AMENDMENT ACT, 1868. 31 & 32 Vict. c. 84.-An ACT to amend in several particulars the Law of Entail in Scotland.-31st July 1868. 1. [Short title.]-This Act may be cited for all purposes as the "Entail Amendment (Scotland) Act, 1868." 2. [Interpretation of terms.]-The following words occurring in this Act shall, except where the nature of the provision shall be repugnant to such construction, be construed as follows; that is to say, the words "Court of Session," or "the Court," shall be construed to mean either Division of the Court of Session, or the Junior Lord Ordinary, or the Lord Ordinary on the Bills, as the case may be; the word "Sheriff" shall include "Sheriff-Substitute;" the words "heir of entail" shall include "institute;" the word "lands" shall extend to and comprehend all heritages; the words "entailed estate " shall extend to and comprehend all heritages which by the law of Scotland may be made the subject of entail; and the words "feu-charter" shall comprehend a feu-contract, a feu-disposition, and every other grant of a like kind. 3. [Power to grant feus, building leases, &c.]-It shall be lawful for any heir in possession of an entailed estate, notwithstanding any prohibitions or limitations in the deed of entail or in any Act of Parliament, in the manner and subject to the conditions hereinafter mentioned, to grant leases for the purpose of building for any number of years not exceeding ninety-nine years, or feus of any part of such estate (but reserving the minerals therein and the right of working the same), except the garden, orchards, policies, or inclosures adjacent to or in connection with the manor place, in so far as such gardens, orchards, policies, or inclosures are necessary to the amenity of the manor place, or, if the estate be held by burgage tenure, to dispone any part thereof, reserving and excepting as aforesaid, subject to a ground-annual: Provided always, that the feuduty, rent, or ground-annual to be stipulated for shall not be less than the amount ascertained as hereinafter provided: Provided also, that it shall not be lawful for such heir to take any grassum or fine or valuable consideration other than the feu-duty, rent, or ground-annual for granting any such charter, lease, or disposition; and in case any such grassum, fine, or consideration shall be taken, such charter, lease, or disposition shall be null and void; but nothing herein contained shall prevent any heir of entail in possession from exercising any power of granting feucharters, leases, or other grants which may be contained in the entail under which he possesses, more extensive than the powers hereby conferred. 4. [Procedure in granting feus, building leases, &c.]-For ascertaining whether the land so proposed to be feued, leased, or disponed may be feued, leased, or disponed in terms of the provisions of the preceding section, and the value of the same, an application shall be made by the heir in possession of the entailed estate to the Sheriff of the county within which the entailed estate, or the portion thereof proposed to be feued, leased, or disponed, is situated, who thereupon shall direct notice to be given to the next heir of entail entitled to succeed to the entailed estate in such manner as shall seem proper (and in the event of such next heir of entail being under age or subject to any legal incapacity, the Sheriff shall appoint a tutor ad litem or curator ad litem to such heir), and shall appoint one or more skilful persons to inquire and report as to the value of the lands proposed to be feued, leased, or disponed, and whether from their position or otherwise they may or ought to be feued, leased, or disponed in terms of the preceding section either in whole or in lots; and upon such person or persons reporting that the feu-duty, rent, or groundannual offered is in their opinion, having regard to all the circumstances, fair and adequate, and that such land may, from its position, be feued, leased, or disponed in terms of the preceding section either in whole or in lots, the Sheriff, on consideration of the whole circumstances, may and is hereby empowered to authorise such heir in possession or his successor in the entailed estate at any time within ten years from the date of such deliverance to feu, lease, or dispone the said land in one or more lots at such rate of feu-duty, rent, or ground-annual as he can obtain for the same, not being less than the rate fixed by the said skilled persons subject to such conditions as the Sheriff may think essential to secure such feu-duty, rent, or ground-annual, and any other conditions he may see fit, and also subject to a nominal taxed sum of One penny |