25 & 26 VICT. c. 50.

An Act to amend certain Provisions of the Acts of the Twenty-fourth and Twenty-fifth Years of Her Majesty, Chapters Ninety-six, Ninety-seven, Ninety-nine, and One hundred, respectively, relating to Summary Jurisdiction in Ireland.

Penalty on Workmen making away with Goods (not exceeding 51. in Value) committed to his Care.] - Sect. 7. "Any artificer, workman, journeyman, apprentice, servant, or other person who shall unlawfully dispose of, or retain in his possession without the consent of the person by whom he shall be hired, retained, or employed, any goods, wares, work, or materials committed to his care or charge (the value of such goods, wares, work, or materials not exceeding the sum of five pounds), shall pay to the party aggrieved such compensation as the justices shall think reasonable, and shall also be liable to a fine not exceeding forty shillings, or to be imprisoned for a term not exceeding one month."

25 & 26 VICT. c. 101.

The General Police and Improvement (Scotland)
Act, 1862.

Sect. 271. "For the further prevention of fraud the magistrates shall have and may exercise the powers and jurisdictions conferred upon any justice or justices of the peace by the act 22 Geo. 2, c. 27, intituled [&c.] (m), and by the act 17 Geo. 3, c. 56, intituled [&c.] (n); and the provisions of the said acts shall apply to proceedings before the magistrates, and to acts done by them in relation thereto, in the same manner as to proceedings before and acts done by any justice or justices of the peace; and, upon an oath, or solemn affirmation, or declaration being made before the magistrates, or any justice or justices of the peace, that there is cause to suspect that any material purchased or received by any broker from any person or persons were purloined or embezzled, the magistrates of burghs, or any justice or justices of the peace, may grant warrant for bringing the person or persons from whom the broker purchased or received such materials before him or them; and, if such person or persons shall not give a satisfactory account of how he, she, or they came by such materials, such person or persons shall be deemed guilty of a misdemeanor or offence, and shall be (m) See ante, p. 215. (n) See ante, p. 224.

punishable accordingly, in terms of the said two last recited acts, in the same manuer as if such materials had been found in the possession of such person or persons; and it shall be competent to the magistrates or to any two justices of the peace to sentence such person or persons to pay any fine not exceeding the amounts authorized by the said acts, or alternatively to commit such person or persons to prison for any period not exceeding the periods authorized by the said acts; and it shall not be necessary before committing such person or persons to prison to levy such fines by distress and sale, or to use any legal diligence for recovery thereof."

26 & 27 VICT. c. 103.

An Act to amend the Law in certain Cases of Misappropriation by Servants of the Property of their Masters (o).

Reciting that "the offence of taking corn or other food by a servant from the possession of his master, contrary to his orders, for the purpose of giving the same or of having the same given to the horses or other animals of such master, is by law a felony" (p); and that "it is desirable to alter the law in this respect," enacts,

Servants taking their Master's Corn, &c. without_Authority, for the purpose of giving the same to their Master's Horses, &c., not guilty of Felony, but shall be liable to Imprisonment, &c.]-Sect. 1. "If any servant shall, contrary to the orders of his master, take from his possession any corn, pulse, roots, or other food, for the purpose of giving the same or of having the same given to any horse or other animal belonging to or in the possession of his master, the servant so offending shall not by reason thereof be deemed guilty of or be proceeded against for felony, but shall, on conviction of such offence before two justices of the peace, at their discretion,

(0) This act was due in part at least to the protest of my late most excellent friend, Mr. J. G. Phillimore, Q.C., and Member of Parliament for Leominster, whose indignation at all injustice and oppression I remember with admiration, mixed with regret that his life did not endure beyond its prime.

(p) This was so determined by a majority of the judges in The King v. Morfit, R. & R. 307. It was thought by some of the judges forming the majority that the addi

tional quantity of food given by the prisoners (who were servants in husbandry) to the master's horses, would diminish the work of the men who had to look after the horses, and therefore the lucri causâ to give themselves ease was an ingredient in the offence; but subsequent cases established that the offence was larceny, even if the intent of obtaining a private benefit were negatived. See The Queen v. Privett, 1 Den. C. C. 193; 2 C. & K. 114.

either be imprisoned, with or without hard labour, for any term not exceeding three months, or else shall forfeit and pay such penalty as shall appear to them to be meet, not exceeding the sum of five pounds, and if such penalty shall not be paid, either immediately after the conviction, or within such period as the said justices shall at the time of the conviction appoint, the servant so offending shall be imprisoned, with or without hard labour, for any term not exceeding three months, unless such penalty be sooner paid: provided always, that if upon the hearing of the charge the said justices shall be of opinion that the same is too trifling, or that there are circumstances in the case which render it inexpedient to inflict any punishment, they shall have power to dismiss the charge, without proceeding to a conviction: provided also, that if upon the trial of any servant for feloniously taking from his master any corn, pulse, roots, or other food consumable by horses or other animals, such servant shall allege that he took the same under such circumstances as would constitute an offence punishable under this act, and thereof shall satisfy the jury charged with his trial, then it shall be lawful for such jury to return a verdict accordingly; and thereupon the court before which such trial shall take place shall proceed to award such punishment against such servant as may be awarded by two justices of the peace on the conviction of any person under the provisions of this act: provided also, that in case of nonpayment of any penalty to be imposed by the court on such servant, he shall be imprisoned, with or without hard labour, for any term not exceeding three months, as the court shall order, unless such penalty be sooner paid."

Sect. 2. Power to appeal against conviction.

Sect. 3. No such conviction or adjudication made on appeal to be quashed for want of form, or be removed by certiorari, and no warrant of commitment void by reason of defect.

Sect. 4. Summary proceedings may be under 11 & 12 Vict. c. 43, unless repugnant to this act, &c.

Sect. 5. This act shall extend to England only.
Sect. 6. Commencement of act.

28 & 29 VICT. c. 86.

An Act to amend the Law of Partnership.

Sect. 2. "No contract for the remuneration of a servant or agent of any person engaged in any trade or undertaking by a share of the profits of such trade or undertaking shall, of itself, render such servant or agent responsible as a partner therein, nor give him the rights of a partner."

30 & 31 VICT. c. 105.

An Act to establish equitable Councils of Conciliation to adjust Differences between Masters and Workmen.

[See the act in Lovesy's Law of Arbitrations between Masters and Workmen.]

30 & 31 VICT. C. 130.

The Agricultural Gangs Act, 1867.

Although affecting employers and employed, it is unnecessary to do more than give the title of the act. It has for its chief object the promotion of the education of children in certain agricultural districts.

32 & 33 VICT. C. 71.

The Bankruptcy Act, 1869.

By sect. 32, one year's parochial and local rates and taxes and "all wages or salary of any clerk or servant in the employment of the bankrupt at the date of the order of adjudication, not exceeding four months' wages or salary and not exceeding fifty pounds; all wages of any labourer or workman in the employment of the bankrupt at the date of the order of adjudication and not exceeding two months' wages," are to be paid in priority to all other debts. "Between themselves such debts shall rank equally and shall be paid in full, unless the property of the bankrupt is insufficient to meet them, in which case they shall abate in equal proportions between themselves."

to

By sect. 33, "Where at the time of the presentation of the petition for adjudication any person is apprenticed the bankrupt the order of adjudication shall, if either the bankrupt or apprentice give notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship. ; and if any money has been paid by or on behalf of such apprentice to the bankrupt as a fee, the trustee may, on the application of the apprentice or of some person on his behalf, pay such sum as such trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice regard being had to the amount paid by him or on

his behalf and to the time during which he served with the bankrupt under the indenture . . . before the commencement of the bankruptcy and to the other circumstances of the case. "Where it appears expedient to a trustee he may, on the application of any apprentice to the bankrupt, or any

person acting on behalf of such apprentice instead of acting under the preceding provisions of this section, transfer the indenture of apprenticeship ... to some other person."

See 38 & 39 Vict. c. 26, as to wages of servants of bankrupts in Scotland.

33 & 34 VICT. c. 30.

The Wages Attachment Abolition Act, 1870.

This act, reciting that much inconvenience had arisen by the attachment of wages in the county courts, and that it was expedient to prevent the attachment of wages to satisfy judgments recovered in any court of record or inferior court, enacts that

Sect. 1. "No order for the attachment of the wages of any servant, labourer, or workman shall be made by the judge of any court of record or inferior court."

By an act of the same session, 33 & 34 Vict. c. 63 (the Wages Arrestment Limitation (Scotland) Act, 1870), the liability of wages to "arrestment" for debt is limited.

34 & 35 VICT. c. 31.

The Trade Union Act, 1871.

Sect. 2. "The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

Sect. 3. "The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust."

The other provisions of the act affect the members of a union more than the public.