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Master and Servant

act, contract, imprisonment, labor and conspiracy

MASTER AND SERVANT. [From, Supplement.] The act 30 and 31 Vict. c. 141, called the master and servant act, 1867, having caused profound dissatisfaction among workmen, a royal commission was appointed to investigate and report. The first two sections were found to be objectionable because they conferred a power to inflict simple imprisonment as the penalty for breaking a purely civil contract. The 14th section was found to be equally open to objection, as it authorized imprisonment for three months, with hard labor, in cases of an exaggerated character. Upon the above report are based the existing acts—the employers and workmen's act (38 and 39 Vict. c. 90) and the conspiracy and protection of property act (id. c. 86)--which repeal that of 1867, and came into force on Sept, 1, 1875. The first act, whielt is divided into five parts, empowers county courts, in respect of disputes between employers and workmen, to make orders of payment of money; to set off one claim against another, whether liqui dated or unliquidated; to rescind auy contract, and to accept in room of damages security for so much of the contract as remains unperformed. A court of suinmary jurisdiction may exercise all the powers as above when the sum in dispute is under R10. Disputes between master and apprentice may also here be tried as to indentures or con tracts. The term " workman" in this act does not include a domestic or menial servant, but any' person engaged in manual labor, under or above 21 years of age, who has entered into or works under a contract for his employer. It does not apply to seamen

or apprentices to the sea service. The second or conspiracy act, in relation to trade dis putes, declares that in an agreement or combination of two or more persons they cannot be indicted for conspiracy to do that which if done by any one singly would not be punishable as a crime. This does not exempt from punishment any conspiracy punish able by act of parliament, nor alter the law as to riot 'or unlawful assembly. But crime under this section is defined as an offense punishable either on indictment or sumrnarily, by imprisonment, either absolutely, or as an alternative for some other punishment. The imprisonment is limited to three months. Workmen breaking a contract in con nection with the supply of gas or water are liable to conviction either summarily or on indictment, and the offense is punishable by a fine of £20, or imprisonment for three months, with or without hard labor. Willful breach of contract or of hiring., with the probable consequences of danger to human life, incurs a penalty of R20. or imprisoment for three months with or without hard labor. Should a master who is legally liable to provide food. clothing, etc., for a servant or apprentice neglect to do so, he incurs a penalty not exceeding R20. The offender may object to be tried and may be indicted. The parties, and their husbands and wives, are competent witnesses. In Scotland pro ceedings may be on indictment either in justiciary or sheriff court.