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to exercise care in regard to property, 2»»9
to consult his master's interests, 210
dismissal for immorality, 212
dismissal for insolence, 213
duty to possess skill, 214
dismissal for permanent sickness, 215
province of court and jury, 217
valid reason for discharge need not be given, 2 is
forfeiture of wages, 219, 638
earnings of servant, 220
authority to contract for master, 244

to pledge master's credit, 246
of, after quitting employment, 2}'.)
fellow, 304
selection of, 310
contributory negligence of, 325, 329


to claim for wages, 159

712 INDEX.


law of, 1 7


wages of seamen in, 156

master's duty in, ] 80

servant visiting sick relations, 206

permanent, 215

of apprentice, 260


person in charge of, G05


manufactures, frauds in, 343, 349, 353
weavers' tickets of work, 381

servant's duty to possess, 214


in England, 1


hiring of, 84, 85



of contracts of hiring, 197
apprenticeship, 638


agreements witli labourers, &c., exempt from, 121

upon indentures, 122, 550

agreements with seamen exempt from, 122


refusal to deliver up, 353
hire of, 383

STRIKES, 599, 6Q2, 616, 618


work on, 150,337
statutes as to, 337

SUPERINTENDENCE. See Employers' Liability Act, 665,


INDEX. 713

SUPERIOR. See Employers' Liability Act, cgt


for servants, 237

See also Employers and Workmen Act, G?>?>


servant when, (^2, 70


implied power to terminate contract of hiring, 1 l^s


of servants, 21



state of law before ;") Geo. lY. c. 95, 507

state of law after, 599

strikes, 599

threats, 600

how far in restraint of trade, 600

34 & 35 Vict. c. 31, 603

member of trade union not lial)le to criminal prosecution,

agreements not void, 603

excepted agreements, 603

registered trade unions, 605

registry of trade unions, 607

legal proceedings, 609

definitions — trade union, itc, 611

Acts repealed, 612

schedules, 613

Conspiracy and Protection of Property kcl. - {For full
index, see }). 614)

conspiracy and protection of property, 616

crime, definition of, 616

breach of contract of service in supplying of gas or water,

breach of contracts of service injurious to property or per-
son, 617

neglect of master to provide servant with food, 617

intimidation, 617

714 INDEX.

TRADE VmO^^— continued.

persistently following, hiding tools, watching, &c., G18

legal proceedings, G18

definitions, 619

saving as to sea service, 621

repeal of Acts, 621

application of Act, G23

39 & 40 Vict. c. 22—

trade unions to be within s. 28 of the Friendly
Societies Act, 1875 — 625

membership of minors, 627

dissolution of, 628

definition of, 629


contracts of hiring of, 113


person in charge of, 606
meaning of, 666n.

TRAMWAY, 6 6 On.


petit, 87


former legislation, 366

payment to l)e made in cuiTcnt coin, 367

artificers within the Act, 3G7n., 374, 377

contracts as to mode of expending wages, 368

no set-off or deduction in respect of goods supplied, 369

no action for goods supplied, 369

payment in bank notes permitted, 370

penalties, 371

proceedings under the Act, 371

trades excepted, 374

domestic servant and servant in husbandry not within the
Act, 375

employer supplying medicine, fuel, &c., or making deduc-
tion for rent, 376

what deductions permissible, 376

artificers within the Act, 277

INDEX. 715

TRUCK ACT— conimucd.

schedule of forms, 378

8&9 Vict. c. 128, 381

tickets of work to be delivered to silk weavers, ;]81

37 & 38 Vict. c. 48—383

stoppage of wages in hosiery luaimfacture, 383
full and entire amount of wages to be paid, 383
contracts for frame rents illegal, 383
artificers within the Act, 384


in bankruptcy, rights of to proceeds of personal labour,


contracts of hiring of, 115


contracts of hiring of, 117

USAGE, no, 109


apportionment of, xxxiii.

master's duty to pay, 142

implied duty to pay, 142, 140

left to employer's discretion, 147

remuneration for extra work, 150

wages and freight, 155, 555

of seamen in sickness, 150

forfeiture of seamen's wages, 158, 500

seamen's wages when recoverable, 100, 550

time of payment of wages, 100, 555

payment of wages of miners in public-houses, 100, 402, 442

payment of wages in winding-up companies, 101, IGG

effect of bankruptcy upon, 102

attachment of, 103, 55'J

claim for when barred, 104

presumption of payment, 104

insurance of, 105

forfeiture of on dismissal, 219, 038

payment in coin, 308

716 INDEX.

y^ AGES— contmned.

deductions from, 376

deductions from in liosiery manufacture, 383

payment of wages of coal miners, 402

of metalliferous miners, 442
allotment of seamen's, 55o
attachment of seamen's, 559

forfeiture of wages of persons within the Factory Acts,


servant's authority to give, 245


frauds in, 345


spoiling materials, 341



meaning of servant in, 35n.


payment of wages in, 161, 160

in coal mines, 396
in metalliferous mines, 440
in agricultural gangs, 405
in factories, 482. See Factory Act and ]\[ines.


spoiling materials, 341


frauds in, 310, 342, 343, 347, 349, 353


obligation to find, 130


within Employers and Workmen Act, 632n., 635
within Employers' Liability Act, 059, 072

INDEX. 717

WORKSHOP. Spc Factory Act.


manufactures, frauds in, 353


shipwrecked, wa^cs of seamen, 555


when necessary to contract of liiring, lOG, 107, 1 11


contracts not to be performed witliin a, 107



employment of in mmes (coal), 39 G
in mines (metalliferous), 440
in factories, 482
forfeiture of wages of, 638



3 A


Fovemher, 1882.





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Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 73 of 77)