as regards all other societies enjoying the privilege of exemption.

Definition of Provident Benefits.-In this Act the term "provident benefits" is for the first time defined (sect. 3). It "includes any payment made to a member during sickness or incapacity from personal injury, or while out of work, or to an aged member by way of superannuation; or to a member who has met with an accident, or has lost his tools by fire or theft; or the payment of funeral expenses, or for provision for children of a deceased 'member." As many of the largest Trade Unions provide all those benefits, and most of them provide one or more of such benefits, the concession was a reasonable one. It has encouraged the Unions to create reserve funds, especially to insure the payment of superannuation to aged members and other provident benefits provided for in the rules.

(See the Act, pp. 186.)

V. THE EMPLOYERS AND WORKMEN ACT, 1875.

General Summary of Preceding Acts.—The preceding Acts deal with Trade Unions, as associated bodies of workmen, in their relationship to the State, as lawful organizations; and with the relationship of the members of such bodies to such societies. They define such relationships, the relative duties and responsibilities; provide for actions at law

and prosecution of offenders, and also punishments in case of an infraction of the law. The modes of procedure are also laid down, and the requisite machinery is provided for acting in conformity to the Acts.

Nature of the Employers and Workmen Act.-The Employers and Workmen Act, 1875, is of a different character. It deals with the relationships subsisting between employers and workmen, the hirer and the hired. It takes the place of the old Master and Servant Acts, and some other Acts, which for centuries governed the hired workmen of this country. Under those Acts a breach of contract by a workman was a criminal offence, criminally punishable. There was no option on the part of justices of the peace, magistrates, or Judges, but to inflict a sentence of imprisonment, except dismissal of the case, which latter seldom took place.

The old Master and Servant Acts. - In the memorandum prepared in 1866, to lay before the Select Committee on the operation of the Master and Servant Acts, it was stated that, on the average, there were 11,000 convictions annually, under those Acts. The result of the inquiry was the Master and Servant Act, 1867, which in some particulars modified the provisions of the Acts at that date in force. The amending Act continued in force until 1875, when it was repealed by the Conspiracy and

Protection of Property Act, as were also numerous other enactments.

As

Changes effected by the New Act.-The changes effected by the Employers and Workmen Act were great and far-reaching. The very title denotes an important change. It is no longer "Masters and Servants," but "Employers and Workmen." regards contracts of service there was to be equality. A breach of contract was to be a civil offence in all cases of labour, as well as in all other cases. The then Home Secretary, Sir Richard Cross, now Lord Cross, expressed the change thus: "For the future, contracts of hiring and of service shall be as free and independent, both for master and servant, as any other contracts between persons."

Breaches of Labour Contracts-Civil Offences.Breaches of labour contract are no longer criminal offences, except in particular cases mentioned in the Conspiracy and Protection of Property Act, as specified further on. They are now the subject of civil action, in a civil court, by civil procedure. The tribunals for hearing and determining disputes between employers and workmen are; (1) the County Court in England, the Sheriff Court in Scotland, and the Civil Bill Court in Ireland; and (2) Courts of Summary Jurisdiction. The latter Courts are deemed to be civil courts of summary jurisdiction when adjudicating upon all cases of labour contracts, except those specified in the

Conspiracy and Protection of Property Act. The constitution and jurisdiction of all such Courts are clearly set forth in the several sections of the Act. Courts of summary jurisdiction include those constituted by justices of the peace in places where the other Courts specified in the Act do not exist. The rules as to procedure under the Summary Jurisdiction Acts are those framed by Lord Herschell, in 1886, when Lord Chancellor. (See Rules, p. 193.)

County Courts Procedure.-Procedure in County Courts is regulated by the rules and forms framed under the County Courts Acts Consolidation Act, 1888, and approved by the Lord Chancellor. In these rules and forms every detail of procedure is fully set forth. They may be varied from time to time, as new features arise in cases before the Courts, or as new powers may be given by Acts not passed when the rules were framed; but, in general, the principles and character remain unchanged.*

Powers of the Courts under the Act.-The power conferred on the Courts constituted under the Employers and Workmen Act, 1875, is necessarily great. The Court may adjust and set off one against the other all claims for wages, damages, or otherwise. It may rescind contracts, or order the performance of existing contracts, and require security for such performance; or award damages

* A brief synopsis of the County Court Rules, &c., is given in the "Handy-Book of the Labour Laws."

for non-fulfilment of contract. Instances sometimes occur when batches of workmen are summoned for breach of contract; the conditions being, in such cases, the same or similar, the fines or damages may be, and often are, of the same amount.

Limitation of Jurisdiction.-In one respect the power of the Courts is limited, that is, as regards the amount of claim. The ordinary jurisdiction of the County Court is limited to £50, but actions for a larger amount may be tried with the consent of both parties. In Courts of summary jurisdiction the amount is limited to £10, and no order can be made for the payment of more than £10, exclusive of costs, nor can security be exacted exceeding that sum.

Labour Contracts.-Contracts may be express, or may be implied, oral, or in writing. Labour contracts are in the great majority of cases implied. They cover all recognised trade customs, rules, and the regulations in the locality where the work or service is performed; and also the special rules or regulations of an employer or firm, if the workmen have, by working under them, given a tacit assent to them, unless the workman has made an express stipulation to the contrary. Individual labour contracts are now comparatively rare; collective bargaining is the rule. In some places working rules, agreed to by employers and workmen in a branch of trade, regulate the conditions of labour. In such cases the contract is express and