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18 & 19 Vict.

c. 132.

24 & 25 Vict. c. 53.

28 Vict. c. 36.

DWELLING-HOUSES.

For Labouring Classes.] Certain provisions of the 8 & 9 Vict. cc. 16, 18, are incorporated with this act (ss. 5, 15).

ELECTIONS (PARLIAMENTARY).

Voting Papers for Members for Universities.] By 24 & 25 Vict. c. 53, which allows of votes at elections being recorded by means of voting papers (of which a form is given in a schedule), s. 1, a voting paper, the date and names being previously filled in, is to be "signed by the voter in the presence of a justice of the peace for the county or borough in which such voter shall be then residing; and the said justice shall certify and attest the fact of such voting paper having been so signed in his presence, by signing at the foot thereof a certificate or attestation in the form or to the effect prescribed in the said schedule, with his name and address in full, and shall state his quality as a justice of the peace for such county or borough." The 30 & 31 Vict. c. 102, s. 45, applies this provision to elections for the University of London. The form of declaration in 24 & 25 Vict. c. 53, here referred to, is not now required; and the 31 & 32 Vict. c. 65, s. 1, substitutes in place thereof the form of declaration following; that is to say,-"I solemnly declare that I verily believe that this is the paper by which A. B. (the voter) intends to vote pursuant to the provisions of the Universities Election Acts, 1861 and 1868.'"

Declaration by County Voter on Change of Abode.] By 28 Vict. c. 36, "The County Voters Registration Act, 1865," sect. 10, "any person whose name appears on the list of voters then in force, and whose then place of abode is not correctly stated in the said list, or who shall have received a notice of objection grounded on the second column of the list, and who shall have possessed on the last day of July the same qualification in respect of which his name has been inserted on the list, may, if he think fit, make and subscribe a declaration before any justice of the peace, or any commissioner or other person authorized to administer oaths in any of her Majesty's superior courts at Westminster,-in the form contained in schedule (B.) to this act, or to the like effect." [Form No. 2, Oke's "Formulist," 6th ed. p. 762.] The same section contains provisions that the declaration shall be dated, be sent to the clerk of the peace on or before the 14th September, who is to endorse the day of its receipt, and to deliver all such to the revising barrister, who is to receive the same as evidence without further proof, &c. &c.

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EMPLOYERS AND WORKMEN ACT, 1875 (38 & 39 Vict. c. 90).

See "Apprentices."

The above statute having conferred upon justices extensive 38 & 39 Vict. powers to deal civilly with the disputes between employers and c. 90.

workmen, it will be desirable to consider the subject somewhat in

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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 twenty-one 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 expression "Summary Jurisdiction Act" means the act of the session of the 11 & 12 Vict. c. 43, 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 alder-
man 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 dis-
trict for which a stipendiary magistrate is for the time
being acting, such stipendiary 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

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c. 90.

38 & 39 Vict. metropolitan police or stipendiary magistrate, in respect of any act or jurisdiction which may now be done or exercised by him out of court.

II. Jurisdiction of Justices.

The 4th section enacts, that-"A dispute under this act between
an employer and a 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, and in a
proceeding in relation to any such dispute the court may order pay-
ment of any sum which it may find to be due as wages or damages
or otherwise, and may exercise all or any of the powers by the act
conferred in a county court 44: provided that in any proceeding in
relation to any such dispute the court of summary jurisdiction-
(1.) Shall not exercise any jurisdiction where the amount claimed
exceeds £10; and

(2.) Shall not make an order for the payment of any sum exceed-
ing £10, exclusive of the costs incurred in the case; and
(3.) Shall not require security to an amount exceeding £10 from
any defendant or his surety or sureties."

III. Procedure.

Mode of giving Security.] By the 8th section, a person may give security by an oral or written acknowledgment, in or under the

44 The powers conferred on the county court are contained in sect. 3, and by the following sub-sections:

(1.) It may adjust and set off the one against the other all such claims
on the part of either the employer or of the workman, arising out
of or incidental to the relation between them, as the court may
find to be subsisting, whether such claims are liquidated or un-
liquidated, and are for wages, damages or otherwise; and
(2.) If, having regard to all the circumstances of the case, it thinks it
just to do so, it may rescind any contract between the employer
and the workman, upon such terms as to the apportionment of
wages or other sums due thereunder, and as to the payment of
wages or damages or other sums due, as it thinks just; and
(3.) Where the court might otherwise award damages for any breach of
contract, it may, if the defendant be willing to give security to the
satisfaction of the court for the performance by him of so much
of his contract as remains unperformed, with the consent of the
plaintiff, accept such security and order the performance of the
contract accordingly, in place either of the whole of the damages
which would otherwise have been awarded or some part of such
damages.

The security shall be an undertaking by the defendant and one or
more surety or sureties that the defendant will perform his con-
tract, subject on non-performance to the payment of a sum to
be specified in the undertaking.

Any sum paid by a surety on behalf of a defendant in respect of a security under this act, together with all costs incurred by such surety in respect of such security, shall be deemed to be a debt due to him from the defendant; and where such security has been given in or under the direction of a court of summary jurisdiction, that court may order payment to the surety of the sum which has so become due to him from the defendant.

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c. 90.

direction of the court, of the undertaking or condition by which 38 & 39 Vict. and the sum for which he is bound, in such manner and form as may be prescribed by any rule for the time being in force, and in any case, where security is so given, the court may order payment of any sum which may become due in pursuance of such security. By the same 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 with respect to giving security under this act.

Summary Proceedings.] Section 9 enacts that, any dispute or matter in respect of which jurisdiction is given by this act to a court of summary jurisdiction is to be deemed to be a matter on which the court has authority by law to make an order on complaint in pursuance of the 11 & 12 Vict. c. 43, but is not to be deemed to be a criminal proceeding; and all the powers conferred by this act are to be deemed to be in addition to, and not in derogation of, any powers conferred on it by the 11 & 12 Vict. c. 43, except that a warrant is not to be issued under that act for apprehending any person other than an apprentice for failing to appear to answer a complaint in any proceeding under this act; and that an order made by the court under this act for the payment of any money is not to be enforced by imprisonment, except in the manner and under the conditions provided in this act; and that no goods or chattels are to be taken under a distress which might not be taken under an execution issued by a county court.

Payment by Instalments.] The same section empowers the court to direct any sum of money for the payment of which it makes an order to be paid by instalments, and from time to time to rescind or vary such order.

Money payable under an Order to be deemed a Debt.] The same section, also, directs that any sum payable under an order is to be deemed a debt in pursuance of a judgment of a competent court, within the meaning of the 5th section of the Debtors Act, 1869, and may be enforced accordingly.

The Lord Chancellor has, by the same section, power conferred upon him to make, rescind, &c. rules for carrying into effect the jurisdiction given by this act to a court of summary jurisdiction.

IV. 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.

1. A person desirous to enter an action under the Employers and Workmen Act, 1875, shall deliver to the clerk of the court particulars in writing of his cause of action, and the clerk of the court shall enter in a book to be kept for this purpose in his office a plaint

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c. 90.

1

38 & 39 Vict. in writing stating the names and the last known places of abode of the parties, and the substance of the action intended to be brought; and thereupon a summons shall be issued according to the form in the schedule, and be served upon the defendant, not less than one clear day before the day on which the court shall be holden at which the cause is to be tried; and no misnomer or inaccurate description of any person or place in any such plaint or summons shall vitiate the same, so that the person or place be therein described so as to be commonly known.

2. The particulars shall be annexed to and be deemed part of the

summons.

3. Such summons may issue in any district in which the defendant or one of the defendants dwelt, or carried on his business, or was employed at the time the cause of action arose.

4. Any summons which may be required to be served out of the district of the court from which the same shall have issued, may be served by an officer of any other court of summary jurisdiction, which service shall be proved by affidavit of the officer who served the summons.

5. The service of the summons shall be either personal or by delivering the same to some person apparently sixteen years old, at the house or place of dwelling, or place of business or of employment of the defendant, or at the office of the employer for the time being of the defendant.

Hearing.

6. No notice shall be required to be given by a defendant of any set-off or counter-claim that he may wish to advance at the hearing against the claim of the plaintiff.

7. If upon the day of the return of any summons, or at any continuation or adjournment of the said court, the plaintiff shall not appear, the cause shall be struck out, and the court may award to the defendant, by way of costs and satisfaction for his attendance, such sum as it in its discretion shall think fit.

8. If on the day named in the summons, or at any continuation or adjournment of the court, the defendant shall not appear or sufficiently excuse his absence, or shall neglect to answer when called into court, the court upon due proof of service of the summons, may either adjourn the cause from time to time or proceed to the hearing of the cause on the part of the plaintiff only, and the judgment thereupon shall be as valid as if both parties had attended; provided that the court in any such case, at the same or any subsequent court, may set aside any judgment so given in the absence of the defendant, and the execution thereupon, and may grant a new trial upon such terms, if any, as it may think fit.

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