RULES (of the Lord Chancellor) for carrying into effect the jurisdiction authority for making them, 109, 168, 169. cannot enlarge the jurisdiction given by statute, 110. schedule of forms, 179. schedule of costs, 191. S. SCOTLAND, application of Labour Laws, 1875, to, with modifications, 172, 206. jurisdiction of justices in, prior to Act of 1867..12. process in, stated in popular language, 14. application of former acts to, 12, n. absence of stipendiary magistrates in, effect of, 13. new tribunal for cases in, introduced by repealed Act of 1867..22. search in, for goods purchased or received by broker, 278. determination in, of disputes as to servants enlisting in militia, 299. alteration of, by Act of 1867..21, 22. SEAMEN, excluded from Employers and Workmen Act, 1875..111. SEAMEN, KEELMEN, &c., assaults on, &c. to prevent from working, 276, Employers and Workmen Act, 1875, does not extend to seamen, 172. SEAMEN'S UNION, combination, described, 33. SECURITY for performance of contract, 132. first suggestion as to, 16, n. recommendation of Committee of House of Commons as to, 15, 86. provisions of the Act of 1867 as to, 19. security not an essential part of principle of ordering performance, 91. form of security, 186. enforcement of, 144. on behalf of apprentice, 153. enforcement of, 153. SEDITION, law relating to, not affected by Conspiracy and Protection of SERVANT, enforcement of contracts by and against, under early laws, 1, 2. domestic, 2. clerks employed in trade or business, 2. no legislation for these classes, 3. labourers and manufacturers, 3. legislation directed to them, 3. domestic, excluded from special legislation on labour laws, 4. in husbandry, former power of, to summon master for wages, 4. dismissal of, for misconduct, power of, not interfered with, 21. SERVANT - Continued. offences by and against, under Criminal Law Amendment Act, 1871.. term "workman" used instead of "servant" in Employers and Work- "domestic" or "menial servant" excluded from that act, 170. but not excluded from criminal breaches of contract under Con- punishment of master for not providing servant with necessaries, 154, civil liability of master to servant for negligence, 263. for not fencing machinery, 261, 265. share of profits by servant does not of itself constitute partnership, effect of enlistment in army, marines or militia, 294, 299. See also HUSBANDRY, SERVANT IN. SERVICE OF SUMMONS, under Employers and Workmen Act, 1875.. out of district, 126. SET-OFF, from wages under Truck Act, 234. under Hosiery Act, 1874..292. notice of, unnecessary, 127, 176. of claims, power of court of summary jurisdiction as to, 131. SHEFFIELD, mode in which Act of 1867 applied at, 23, 26. SHERIFF, in Scotland, recommendation of Committee of House of Com- SHERIFF COURT, Scotland, equivalent of "county court" in Employers small debt court of, in Scotland, equivalent to court of summary SHOEMAKERS, existing legislation relating to employers and employed in SIGNATURE, to contract, necessary before 1875 if service not entered on, not requisite now, 116, n. unless required by Statute of Frauds, 116. to summons under Employers and Workmen Act, 1875..125, 126. SILK MANUFACTURE, existing legislation relating to employers and SMALL DEBT SHERIFF'S COURT IN SCOTLAND, 14. expression "court of summary jurisdiction" means in Scotland, 172. SMOKE, provisions on public grounds to prevent, 3. SOLICITOR, Costs of employment of, in discretion of court of summary SPECIFIC PERFORMANCE, suggested extension of rules of courts of equity as to, 90, n. imprisonment to compel, allowed by law, 8. See also PERFORMANCE. application of power given by Act of 1867 to order performance, 24, n. recommended by report, 88. imprisonment essential to enforce order, 54. halting legislation of 1875 respecting, 91. STAMP DUTY, agreements for hire of any labourer, artificer, manufacturer, [Note. No express exemption of written undertaking by way STATE, contracts and duties of persons employed in service of, not investi- STATUTES affecting employers and employed, various objects of, 3, 4. Appendix of, unrepealed, 209. STIPENDIARY MAGISTRATES, effect of absence of, in Scotland, 13. exclusive jurisdiction of, under Acts of 1875..108, 171, 198. SUBJECT-MATTER OF JURISDICTION under Employers and Workmen SUBSISTING CLAIMS, power of court of summary jurisdiction to adjust effect of order on subsisting contract, 147. SUMMARY CONVICTION under Conspiracy and Protection of Property incompetency of defendants as witnesses in cases of, 10, 16. SUMMARY JURISDICTION. See COURTS OF SUMMARY JURISDICTION. SUMMARY JURISDICTION ACT, 11 & 12 Vict. c. 43, so termed and applied application in Scotland, 173, 206. SUMMARY PROCEDURE, necessity of, for dealing with breaches of contract, 60. existed from early period, 1. SUMMONS UNDER EMPLOYERS AND WORKMEN ACT, 1875..125, 175. form of, 179. prepared and issued by clerk, 125. rule respecting district where to be issued, 175. must be within jurisdiction of justices forming court of summary direction as to signature of clerk, 125. particulars annexed form part of, 125. defects in, for substance or form, not to prevail, 128. SUMMONS UNDER EMPLOYERS AND WORKMEN ACT, 1875–continued. clerk's fee for, 123, 191. service of, 126. out of the district, 126. summons for witness, 126. See JUDGMENT SUMMONS. SUMMONS to master for wages prior to Act of 1867..4. to servant, 5, 6. warrant in default of, 5. procedure by, recommended by Committee of House of Commons, adopted by legislature in Act of 1867..24. the only process under Employers and Workmen Act, in the first SUPERIOR COURT, control by, of court of summary jurisdiction, 146. practically excluded from cases of employer and employed, 105. SURETIES for performance of contracts, 1. suggestion to Committee of House of Commons, as to, 16, n. T. TAILOR, journeyman, within former act, 113, n. TAILORS' ASSOCIATION, proceedings of, 36, 37. THAMES, recovery of wages for labour on, 248. THINGS, jurisdiction as to, under Employers and Workmen Act, 1875..110. in Criminal Law Amendment Act, 1871..40. TOOLS, spoiling or destroying, punishment for, by Combination Act, 5 Geo. 4, molestation by hiding, &c., offence under Criminal Law Amendment TRADE, combinations to force alterations in mode of carrying on, unlawful, TRADE UNIONS, existence of after 5 Geo. 4, c. 95..32, 33. organization of, described, 33. forcing persons to join, forbidden, 32, 35, 36. outrages at Sheffield and Manchester, 36. commission of 1867 to inquire into organization of, 37. act to amend the law as to, 37, 38, 282. provisions of, 38, 39. convictions under, 39. right of men to combine. See COMBINATIONS. limitation of indictable conspiracies contained in the Trade Union Act, 1871..282. TRIBUNAL for enforcing contracts, early legislation respecting, 1. recommendation of royal commission as to, 60, 61. tribunal under Employers and Workmen Act, 1875..105. court of summary jurisdiction, 105. constitution of court, 107. rules for carrying jurisdiction into effect, 109. tribunal under Conspiracy and Protection of Property Act, 1875..159. TRUCK ACT, 1 & 2 Will. 4, c. 37..233. cases decided in relation to, 242-247. persons to whom the statute applies, 243. deductions from wages, 246. of forfeitures, 171, 172. law extended in the hosiery manufacture, 292. contracts void by, cannot be enforced, 116, 117. act in pari materia with Master and Servant Acts, 114, n. U. ULTRA VIRES, doctrine of, applied to the Lord Chancellor's rules, 110. may be in writing or oral, 168. form of, 186. enforcement of, 144, 145. UNIONS, TRADE. See TRADE UNIONS. UNITED STATES, law of, as to trade conspiracies, 44, 48. UNLAWFUL ASSEMBLIES, law as to, not affected by Act of 1875..192. power of courts of summary jurisdiction under Employers and Work- V. VALIDITY OF CONTRACT, contract of service or to personally execute VARIANCE between summons and evidence, effect of, 128. VIOLENCE, certain acts of, prohibited by combination laws, 32, 35, 40. W. WAGES, recovery of, before justice of the peace from an early period, 1. legislation respecting immediately before Act of 1867..4. limitation of amount, 4. abatement of, 5, 11. |