John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

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costs by this Act directed to be recovered as penalties, may be prose-
cuted and recovered in manner directed by the Sunimaiy Jurisdiction
Acts before a court of summary jurisdiction.

The "Court of Summary Jurisdiction,"' mIu-u hearing and deter-
mining an information or complaint, shall be constituted —

(a.) In England, either of two or more justices of the peace in
petty sessions sitting at a place appointed for holding petty
sessions, or of some magistrate or officer for the time being-
empowered by law to do alone any act authorised to be
done by more tlnui one justice of the peace and sitting
alone orwith othersat some court or other ]>lace a]>piiinted
for the administration of justice ; or

(h.) In Scotland, of two or more justices of tlie peace sitting as
judges in a justice of the peace court, or of the sheriff or
some other magistrate or officer for the time bemg em-
powered by law to do alone any act authorised to be done
by more than one justice of the peace, and sitting alone or
with others at some court or other place appointed foi- tlie
administration of justice ; or

(c.) In Ireland, within the police district of Dublin nietiopolis, of
one of the divisional justices of that district sitting at a
police court within the district, and elsewhere of two or
more justices of the peace sitting in petty sessions at a
place appointed for holding petty sessions.

34. In every part of the Uniteil Kingdom the following provisions
shall have effect :

1. Any complaint or information made or Liid in pursuance of this

Act shall be made or laid within three months froiu the time
when the matter of such comjdaint or information respectivelv
arose :

2. The description of any otl'ence under this Act in tlie words of

this Act shall be sutlicient in law :

3. Any exception, exemption, jjroviso, excuse, or qualitication,



458 THE LAW OF MASTER AND SEUVANT.

wlR'tlu-r it docs or not accompany the description of the oH'encc
in this Act, may bi- proved hy the ilereu(hint, but need not be
specified or negatived in tlie information, and if so specified or
iie^'atived, no proof in rekition to the matters so specified or
negatived shall be rec^iiired on the i)art of the infonnant :

4. The owner or agent may, if he think fit, be swoin and examined

as an ordinary witness in the case where he is charged in respect
of any contravention or non-compliance by anotlier person:

5. The Court shall, if retj^uired by eitlier party, cause minutes of

the evidence to be taken and preserved.

35. No i)rosecution shall be instituted against the owner or agent of a
mine to which tliis Act applies for any ofl'ence under this Act which can
be prosecuted before a court of summary jurisdiction, except by an in-
spector or with the consent in writing of a Secretary of State ; and in
the case of any offence of which the owner or agent of a mine is not
guilty, if he proves that he had taken all reasonable means to prevent
the commission thereof, an insj^ector shall not institute any jDrosecution
against such owner or agent, if satisfied that he had taken such reason-
able means as aforesaid.

3(). In Scotland the following provisions shall have effect :

(1.) All jurisdictions, jiowers, and authorities necessary for the court
of summary jurisdiction under this Act are hereby conferred
on that court :

(2.) Every person found liable under this Act in any penalty, or
to pay any money or costs by this Act directed to be re-
covered as iienalties, shall be liable in default of immediate
payment to be imprisoned for a term not e.xceeding three
month.s, and the conviction and warrant may be in the
form of No. 3 of Schedule K. of the Summary Proceduie
Act, 1864.

37. Nothing in this Act shall jirevent any person from being indicted
or liable under iiny other Act or otherwise to any other or higher
]ienalty or punishment than is provided for any offence by this Act, so
that no jierson be punisheil twice tor the same offence.

If the court before whom a person is charged with an offence under
tliis Act think that jiroceedings ought to l)e taken against such person for
such offence under any other Act or otJieivvise, llie court may adjourn
the case to enable such proceedings to be taken.

38. Where a penalty is imposed under this Act for neglecting to send
a notice of any explosion or accident or for any ofl'ence against this Act
which has occasioned loss of life or jjersona] injuiy, the Secretary of
State may (if he think fit) direct such i)enalty to be paid to or distri-
Ijuted among the persons injureil,and the relatives of any persons who.se
death may have been occasioned by such explosion, accident, or olfence
or among some of them :



METALLIFEROUS MINES llEGULATION ACT. 459

Provided that—
(1.) Such persons did not in his o])iniou occasion or contribute to
occasion the ex])losion or accident, and did not commit and
\vei-e not parties to committing tlie ott'ence :
(2.) The fact of such payment or distribution shall not in any
way affect or be receivable as evidence in any legal proceed-
ing relative to or conse(iuential on such explosion, accident,
or oflence :
Save as aforesaid, all penaltii's imposed in pursuance of tliis Act shall
be paid into the recei])tof Her ^lajesty's Exchequer, and shall be carried
to the Consolidated Fund,

In Ireland all penalties imposed and recovered under tliis Act sliall be
applied in manner directed by tlie Fines Act (Ireland), IB")!, and any
Act amending the same.

Miscellaneous.

39. If any ([uestion arises whether a mine is a mine to wliich this
Act, or the Coal Mines Eegulation Act, 1872, applies, such (juestion
shall be referred to a Secretary of State, vdiose decision thereon shall be
final.

40. All notices under this Act shall be in writing or print, or jjurtly
in writing and partly in print, and all notices and documents requii-ed
by this Act to be served or sent by or to an inspector or Secretary of
State may be either delivered personally, or served and sent by post, by
a prepaid letter, and if served or sent by post shall be deemed to have
been served and received respectively at tlie time when the letter con-
taining the same would be delivered in the ordinary course of p(jst ; and
in proving such service or sending, it shall be sufficient to i^rove that
the letter containing the notice was properly addressed and i)ut int(j the
post.

41. In this Act, unless the context otherwise requires, —

The term " mine " (A,) includes every shaft in the course of being sunk,
and every level and inclined plane in the course of being driven for
commencing or opening any mine, or for searching for or proving
minerals, and all the shafts, levels, planes, works, machinery, tiam-
ways, and sidings, both below ground and above ground, in and
a<ljacent to a mine, and any such shaft, level, and inclined plane,
and belonging to the mine :

The term " shaft " includes pit :

The term " plan " includes a map and section, and a correct copy or
tracing of any original plan as so defined :

The term " owner" when used in relation to any mine means any
person or body corporate who is the immediate proprietor, or lessee,

(k) A slate (piany worked by tion. Sim v Evans (1875), 23 \V
undergrouiul levels within the sec- K. 730.



4G0 TIIK LAW OF :\IASTKU AKD SERVANT.

or occupit'r of any iniiu', oi- of any part tlu-rrof, and doi'S not include
a jjcrsou or Ixidy corporate -who niercly receives a royalty, rent, or
fine from a mine, or is merely the proprietor of a mine subject to
any lease, grant, or license for the workini; thereof, or is merely tlie
owner of the soil and not interested in tlie minerals of the mines :
The term " agent " when nsed in relation to any mine means any
person having, on behalf of the owner, care or direction of any mine,
or of any part thereof :
The term " Secretary of State " means one of Her Majesty's Principal

Secretaries of State :
The term Summary Jurisdiction Acts mi-ans as follows :

As to England, the Act of the session of the eleventh and twelfth
years of the reign of Her present Majesty, chapter 43, intituled
" An Act to facilitate the performance of the dvities of justices of
the peace out of sessions within England and Wales with respect
to summary convictions and orders," and any Acts amending the
same :
As to Scotland, " The Summary Procedure Act, 1864 : ''
As to Ireland, within the police district of Dublin metropolis, the
Acts regulating the powers and duties of justices of the peace for
such district, or of the police of such district ; and elsewhere,
" The Petty Sessions (Ireland) Act, ISol," and any Act amending
the same :
The term " Court of Sumraaiy Jurisdiction " means —

In England and Ireland, any justice or justices of the peace,
metropolitan police magistrate, stipendiary or other magistrate,
or officer, by whatever name called, to whom jurisdiction is
given by the Summary Jurisdiction Acts, or any Acts therein
referred to :
In Scotland, any justice or justices of the peace, slieriif, or other
magistrate, to the proceedings before whom for the trial or i)rose-
cution of any offence, or for the recovery of any penalty under
any Act of Parliament, the provisions of the Summary Jurisdic-
tion Acts may be apjdied.
42. In the application of this Act to Scotland —

(1.) The term " chainuau of (piarter sessitms " means the sheriff of

the county :
(2.) The term "sheriff" includes " slieriif substitute :"
(3.) The Queen's and Lord Treasurer's l\ememl cancer shall i)erform
the duties of a Master of oui' of the Supeiior Courts under
this Act :
4.) Notices of explosions, accidents, and loss of life, or jiersonal
injury shall be deemed to be sent to the ins]iector of the dis-
trict on behalf of the Lord Advocate :
(5.) Section sixteen of " The Public Health (Scotland) Act, 18()7,"
shall be substituted for section eight of " The Nuisances Re-



i\if:tallikkrous mixes kegtilation act. 401

nioviil Act for Eii;,'land, 18.")5," as anieiid.Ml and extended by
" The Sanitary Act, 18()(>."

43. This Act shall apply to the Isle of Man, with the following modi-
fications :

(1.) The term " chairman of quarter sessions " means the governor,
lieutenant governor, or deputy governor of the said Isle for
the time lieing :

(2.) The clerk of the rolls shall j.erform the duties of a master of
one of the superior courts under this Act :

(3.) The law of the said Isle as to the abatement or removal of
nuisances affecting the health of Her Majesty's subjects shall
be substituted for section eight of " The Nuisances Removal
Act for England, 1855," as amended and extended by " The
Sanitary Act, 186(5."

44. The persons who at the commencement of this Act are acting as
inspectors under any Act hereby repealed shall continue to act in the
same manner as if they had been appointed under this Act.

45. The Acts described in the Schedule to this Act are hereby re-
pealed, so far as they are not repealed by the Coal Mines Regulation Act,

1872.

Provided that this repeal shall not affect anytlung done or suflered
before the commencement of this Act, and all offences committed and
penalties incurred before the commencement of this Act may be punished
and recovered in the same manner as if this Act had not passed.



SCHEDULE.



Date of Act. i Title of Act.



5 & G Vict. c. 99 .An Act to prohibit the employment of women and
girls in mines and collieries, to regulate tlie
I employment of boys, and to make f)ther provi-
' sions relating to persons working therein. _

23 & 24 Vict. c. 151 An Act for the regulation and inspection of mines.



402 THE LAW OF MASTElt AND SERVANT.



:;8 c\:- ao VICT. r. 30 (9tli July, 187;")).

An Act f(i amend titc jirorisions of "The MdnUiffriiun Mi nex Regulation
Act, 1872," u-ith respect to the cunntal returns fruni Mines.

"Whereas hy section ten of ' The Metalliferous Mines Re^'ulation
Act, 1872,' the owner and agent of every mine was reciuired to send
annnally .snch return as is mentioned in that section, and it is exjtedient
to make further provision with respect to such return : "

Be it enacted as follows :

1. From and after the co)nniencement of this Act, the owner or agent
of every mine to which "The Metalliferous Mines Regulation Act, 1872,"
applies shall, on or before the 1st day of Feln'uary in every year, send to
the inspector of the district on behalf of a Secretary of State a correct
return, specifying -with resjject to such mine, for the year ending on the
preceding 31st day of December, the cj^uantity in st<itute weight of the
mineral dressed, and of tlie ruidressed mineral which has been sold,
treated or used, during that year, and the number of persons ordinarily
employed in or about snch mine, below groimd and above ground,
distinguishing those who are employed below ground and above groimd,
and distinguishing the dilferent classes and ages of the persons so
employed whose hours of labour are regulated by " The Metalliferous
Mines Regulation Act, 1872."

The return shall be in such form as may be from time to time
prescribed by a Secretary of State, and the inspector of the district on
behalf of a Secretary of State shall from time to time, on application,
furnish forms for the purjiose of such return.

Every owner or agent of a mine who fails to comply with this section,
oi' makes any return which is to his knowledge false in any particular,
shall be guilty of an oHence against " The Metalliferous ^Mines Regula-
tion Act, 1872."
Provided that —

(1.) In any mine where not more than twelve persons are employed
underground, the returns specifying the (piantity of mmeral
produced .shall be made by the barmaster or other local
othcer, if any, employed to collect the dues or royalty ; and
(2.) Where there is such a barmaster or other officer the owner or
agent of such nunc shall not be required to send any return
.specifying the number of jiersons employed in or about such
Tuiue.

2. This Act shall conu' into opeiatiou on the 2h(1 day of Augu.st,
1875, which day is in tliis Act referi'eil lo as the commencement of this
Act.

3. This Act .shall be construed as one witli "The Metalliferous Mines



METALLIFEROUS MINES REOULA-TIOX ACT, 1875. 403

Ru^ailatiou Act, 1872," and that Act and tliis Act may b,; cited to^'ctlKjr
as "The Metallifcious Mines Keyidation Acts, 1872 and 187')," and tliis
Act may he cited separately as "Tlie Metallil'iToiis .Alines Ee.^'ulation
Act, 1875."

4. Section 10 of "The AletalliiVvous Mines Re^nlation Act, 1872," is
hereby repealed as from the commencement of this Act.

Provided that such repeal shall not affect anything done; or suffered
in pursuance of the said section, or any obligation or liability incurred
under the said section, or any penalty incurred in respect of any otlt-nce
connuittcd against the said section, or any legal ju'oceeding or remedy in
respect of such liability or penalty ; and any such legal proceeiliiig or
remedy may be carrietl on as if this Act had not l)een passed.



CHAPTER VII.

AGRICULTURAL GANGS.

30 & 31 VICT. (\ 130.

An Act for the lieyidation of Agricultural (lumjs.

[■20th August, 1867.]

Wherkas in certain counties in England certain jjcrsons known as
gangmasters hire children, young persons, and women with a view to
contracting witli farmers and others for the execution on tlieir lands of
various kinds of agricultural woik : And whereas it is expedient to
make regulations with respect to the cmiiloymcnt of children, young
jiersons, and women by gangmasters :

Be it enacted by the Queen's most Excellent ^Majesty, by and with
the advice and consent of the lords spiritual and temporal, and commons,
in this present Parlianu'ut assemliled, and by the authority of the same,
as follows :

1. This Act may be cited i'or all ]mrposes as "The Agricultural Gangs
Act, 18()7."

2. This Act shall come into opeiation on the first of January one
thousand eight hundred and sixty-eight.

3. The following Avords and expressions shall in this Act have the
meanings liereby assigned to them, unless there is something in the
context inconsistent with such meanings ; that is to say,

"Child " shall mean a child under the age of thirteen years :

" Young Person " shall mean a person of the age of thirteen years and
under the age of eighteen years :

" Woman " shall mean a female of the age of eighteen years or
upwards :

" Clangmaster " shall mean any person, whether male or female, wlio
liires children, young })ersons, or women with a view t(» their being
cnqdoyed in agricultural labour on lands not in his own occupation ;
and, until the contraiy is proved, any children, young persons, or
women employed in agricultural labour on lands not in the occu-
pation of the person who hired them shall be deemed to liave been
hired with the aforesaid view :



AGRICULTUHAL GANGS REGULATION ACT. 405

" A^'ricnlturul Gang " sliall iiieiin a body of chiklrcn, young ])er.sons,
and women, or any of tlieni, under tlie control of a gangmaster.

4. Tliu ft)l lowing regulations shall Le observed by every gangniaster
Avith resjject to the emiiloymeut of cliildren, young i)ersons, and
Avonien :

[(1.) No cliild under tlie age of eight years shall be enii>loye(l in any

agricultimil gang : («)]
(2.) No females sliall be employed in the same agricultural gang

with males :
(3.) No female shall be employed in any gang under any male
gangniaster unless a female licensed to act as gangniaster is
also ]n'esent with that gang :
And any gangniaster employing any cliiLl, young person, or woman in
contravention of this section, and any occupier of land on which such
employment takes place, unless he proves that it took place without his
knowledge, shall respectively be liable to a penalty not exceeding twenty
shillings for each child, young person, or woman so employed.

5. No person shall act as a gangniaster unless he has obtained a
licence to act as such under this Act.

Any person acting as a gangniaster without a licence inuh'r this Act
shall incur a penalty not exceeding twenty shillings for every day during
which he so acts.

6. No licence shall be granted to any person who is licensed to sell
beer, spirits, or any other exciseable liquor.

7. Licences to gangmasters shall be granted by two or more justices in
diA-isional ]ietty sessions, on due proof to the satisfaction of such justices
that the applicant for a licence is of good character, and a fit person to
be intrusted with the management of an agricultural gang.

The justices shall annex to their licence a condition limiting, in such
manner as they think expedient, the distances within which the children
employed by such gangniaster are to be allowed to travel on foot to
their work, and any gangniaster violating the condition so annexed to
his licence shall for each offence be liable to a penalty not exceeding
ten shillings.

Any person aggrieved by the refusal of the justices to grant him a
licence to act as gangniaster may appeal to the next practicable Court ol
General or Quarter Sessions ; and it shall be lawful for such court, if
they see cause, to grant a licence to the applicant, which shall be of
the same validity as if it had been granted by the justices in Petty
Sessions.

8. Licences under this Act shall be in force for six months only, and
may be renewed on similar proof to that on which an original licence is
granted.

(a) 36 k 37 Vict. c. 67, s. Ifi, 39 & 40 Vict. c. 79, employment of
substituted ten for eight. By s. 5 of children under ten is generally pro-
the Elementary Education Act, 1S76, liibited.



4()G THE LAW OF MASTER AND SEKVANT.

9. There shall l)e charged iu res])ect of i-ach grant or renewal of
licence a fee of one shilling, ami such fee sliall be accounted for and
applied in manner in wliich the fees ordinarily received by the authority
gi-auting the licence are a})plicable.

10. On any conviction of a gangmastei' of any oflence against this
Act the justices -who convict him shall endorse on his licence the fact of
such conviction ; and on any conviction of such gangmaster of a second
oflence against tliis Act the justices may, in addition to any other
penalty, withhold his licence for a period not exceeding thi-ee months ;
and on any conviction of any gangmaster of a third oflence against this
Act the justices may, in addition to any other penalty, withhold his
licence for a period not exceeding two years.

And after a fourth conviction for an oflence against this Act the
gangmaster shall he disqualified from holding or receiving a licence
under this Act.

11. All penalties under tliis Act may be recovered summarily before
two or more justices in manner directed by an Act passed in the session
holden in the eleventh and twelfth years of the reign of Her Majesty
Queen Victoria, chapter forty -three, intituled, An Act to facilitate the
Performance of the Duties of Justices of the Peace out of Sessions tvithin
England and Wales with resi^ct to summanj Convictions and Orders, or
any Act amending the same.

12. This Act shall not apply to Scotland or Ireland.



CHAPTER YIII.
children's dangerous performances act.

42 & 43 YICT. c. 34 (1879).

An Act to regulate the employment of Children in places of public amusement
in certain cases.

Whereas it is expedient to regulate the employment of cliiklren in
places of public amusement in certain cases :

Be it therefore enacted by the Queen's most Excellent Majesty, by and
with the ad\ace and consent of the Lords Spiritual and Tenaporal, and
Commons, in this present Parliament assembled, and by the authority
of the same, as follows :

1. This Act may be cited as the Children's Dangerous Performances
Act, 1879.

2. This Act shall not come into operation until the first day of
January, one tliousand eight hundred and eighty, Avhich date is herein-
after refen-ed to as the commencement of this Act.

3. From and after the commencement of this Act, any person Avho
shall cause any child under the age of fourteen years to take part in any
public exhibition or performance whereby, in the opinion of a court of
summary jurisdiction, the life or limbs of such child shall be endangered,
and the parent or guardian, or any person having the custody, of such
child, who shall aid or abet the same, shall severally be guilty of an
offence against this Act, and shall on summary conviction be liable for
each offence to a penalty not exceeding ten pounds.

And Avhere in the course of a public exhibition or performance, which
in its nature is dangerous to the life or limb of a child under such age
as aforesaid taking part therein, any accident causing actual bodily harm
occurs to any such child, the employer of such child shall be liable to be
indicted as having committed an assault ; and the . court before whom
such employer is conA-icted on indictment shall have the power of award-
ing compensation not exceeding twenty pounds, to be paid by such
employer to the child, or to some person named by the court on behalf
of the child, for the bodily harm so occasioned ; provided that no person
shall be punished twice for the same offence.

4. Whenever any person is charged with an offence against this Act in
respect of a child who in the opinion of the court trying the case u

H H 2



468 THE LAW OF MASTER AND SERVANT.

apparently of the ai;e alleged hy the informant, it shall lie on the person
charged to prove that the cliikl is not of that age.

5. Every oft'ence against this Act in respect of which the person com-
mitting it is liable as above mentioned to a penalty not exceeding ten
pounds sliall be prosecuted and the penalty recovered with costs in a
sunnnary manner, as follows :

In England, in accordance with the provisions of the Act eleventh
and twelfth Victoria, chapter forty-three, intituled " An Act to
facilitate the perfdrniance of the duties of justices of the peace out of
sessions within England and Wales with respect to sunnnary con-
victions and orders," and of any Act or Acts amending the same ;
and the com-t of summary jurisdiction when hearing and determining
an information in respect of any offence under this Act sliall be
constituted either of two or more justices of the peace in petty
sessions, sitting at a place appointed for the holding of petty sessions,
or some magistrate or officer sitting alone or with others at some
court or other place appointed for the administration of justice for
the time being empowered by law to do alone any act authorised
to be done by more than one justice of the peace ;
In Scotland, in accordance with the provisions of tlie Summary



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 49 of 77)