APPENDICES.

NOTE.-The Rules, Regulations, and Forms that follow are those in force on January 1st, 1901.

A. EMPLOYERS AND WORKMEN ACT, 1875.

SUMMARY JURISDICTION ACTS-RULES.

and com

1. These Rules may be cited as the Employers and Work. Short title men Rules, 1886. They came into operation on the first mencement. day of January, 1887.

2. The proceedings in relation to any dispute between an Procedure. employer and a workman may be commenced under the Employers and Workmen Act, 1875, in a Court of Summary Jurisdiction for the district in which the defendant or one of the defendants dwelt or carried on business, or was employed at the time the cause of action arose, or in which he or one of them happens to be at the time of the entry of the action, and thereupon the same proceedings shall be had, and the same forms may be used as upon a claim for a civil debt under the Summary Jurisdiction Acts: Provided that the summons shall be served four clear days at least before the hearing in manner directed by the said Summary Jurisdiction Acts, or by leaving it with an adult person at the office or place of business or employment of the defendant or one of the defendants: Provided also that no order of commitment shall be made against an apprentice until he shall have been personally served with a judgment summons.

counter

3. A defendant shall not, except by leave of the Court Set-off or of Summary Jurisdiction, on such terms as the Court may claim. think fit, be permitted to set up against the claims of the 13

T.U.A.

Names of plaintiffs claiming

upon

common circum.

stances to

in one summons.

plaintiff any set-off or counter-claim, unless he shall have served, or cause to be served, by registered post letter or otherwise, two clear days at least before the return-day, a notice thereof directed to the plaintiff at his address as mentioned in the summons, setting forth the particulars of such set-off or counter-claim. Service of any notice by post shall, unless the contrary be proved, be deemed to have been made on the day upon which the letter would have been delivered in the ordinary course of post.

4. Where disputes between an employer and his workmen are of such a character that the liability of the employer to divers of his workmen depends upon circumstances common to a whole class of their claims, the names of all the workmen be inserted whose claims are grounded upon common circumstances may be inserted as plaintiffs in one summons. Where the number of such plaintiffs is large, the name of one plaintiff only may be inserted in the body of the summons, and in such case the names of the other plaintiffs, together with their descriptions and addresses and the amounts of their respective claims, may be endorsed on the summons or added in a schedule thereto annexed.

Defendant may object that a plaintiff's claim shall be heard separately.

Determination of

plaintiff's claim to determine the others

5. The employer may, at the hearing of any such summons, object that the claim of any plaintiff included in the summons ought to be separately heard and determined, either on the ground that the amount claimed is disputed, as well as the liability, or as depending on special circumstances. The name of any plaintiff, whose claim is so objected to, shall be struck out by order of the Court of Summary Jurisdiction.

6. When the summons comes on for hearing, the case of first-named the plaintiff first named in the summons shall (unless the Court otherwise directs) be heard and determined, and the claims of all the other plaintiffs whose names shall have been included in the summons, and not struck out as in Rule 5 provided, shall abide the result of the case so determined.

Where

summons dismissed.

7. If the Court of Summary Jurisdiction dismisses the summons, no claim shall afterwards be admitted at the

instance of any workman whose name was included in the summons (and was not struck out as in Rule 5 provided) in respect of the claim made thereby, unless he shows to the satisfaction of the Court that his name was included in the summons without his consent.

claimants

8. If the Court of Summary Jurisdiction finds in favour Where of the plaintiff whose case is tried, it shall make an order succeed. on all the claims of the plaintiffs included in the summons (not struck out as in Rule 5 provided), and such order shall operate and take effect as if the claim of each workman, whose name may have been so included as a plaintiff in the summons and not struck out, had been separately heard and determined by the Court, and an order had been made on each such claim.

9. The Court of Summary Jurisdiction by whom any New trial. action has been determined ex parte may, at the same or any subsequent Court, set aside any judgment so given, and any process thereon, and may grant a new trial on such terms as the Court may think fit.

10. The fees to be paid by a person seeking the assistance Fecs. of the Court of Summary Jurisdiction shall be those contained in the Schedule annexed hereto.

11. The Court of Summary Jurisdiction may, in its discre- Costs. tion, allow any party, in respect of any expense he may have incurred in the employment of a solicitor, any sum not exceeding ten shillings where the sum claimed exceeds forty shillings, and not exceeding fifteen shillings where it exceeds five pounds.

12. The forms in force under the Summary Jurisdiction Forms. Rules, 1886, so far as the same are applicable, together with the forms in the Schedule hereto, and forms to the like effect, with such variations as circumstances may require, may be used in proceedings under this Act.

13. The Rules and forms under the Employers and Annulment. Workmen Act, 1875, heretofore in use are hereby annulled.

(Signed) HERSCHELL, C.

The 16th July, 1886.

It is adjudged that the [or this] contract [or instrument of apprenticeship] made between the plaintiff and defendant [on the 190 ] be rescinded,

day of

and that the plaintiff [or defendant] do pay to

the sum of

pounds, being the whole [or a part]

for wages [or damages, or in respect of the premium paid on such instrument of apprenticeship].

Dated the

day of

nine hundred and

J.P.,

one thousand

Justice of the Peace for the [county] aforesaid. Seal.

C.D. [and E.F.] Defendant.

Before the Court of Summary Jurisdiction at

It is ordered that the defendant [C.D.] do perform his contract [of apprenticeship] with the plaintiff, that is to say [setting out the particulars if necessary].

[And that he [or the defendant E.F.] do pay to the plaintiff the sum of for damages.]

And the defendant, the said E.F. [or C.D.], being willing to give security for the performance of such contract, the Court hereby accepts his security in pounds, with

in

suret pounds [each] for the performance of such contract as aforesaid [in place of the payment of [£

Justice of the Peace for the [county] aforesaid.

3.

Seal.

Whereas it having been found by the Court of Summary

Jurisdiction, sitting at

on the

day of

that the defendant had broken the contract for the breach of which he was summoned, it is ordered that he should give security for the performance of his contract:

Now, therefore, I the defendant, and we [or I] his suret do undertake that the said defendant will perform the said contract, that is to say [setting out the particulars if necessary]:

And we do hereby severally acknowledge ourselves bound to forfeit to the plaintiff the sum of

pounds and

shillings, in case the said defendant fails to

perform what he has hereby undertaken to perform.

Justice of the Peace for the [county] aforesaid.