Recovery

of penalties, &c., in

Scotland.

19. In Scotland the following provisions shall have effect in regard to the prosecution of offences, recovery of penalties, and making of orders under this Act:

(1.) Every offence under this Act shall be prosecuted,

every penalty recovered, and every order made at the instance of the Lord Advocate, or of the Procurator Fiscal of the sheriff court :

(2.) The proceedings may be on indictment in the Court of Justiciary in Edinburgh or on circuit or in a sheriff court, or may be taken summarily in the sheriff court under the provisions of the Summary Procedure Act, 1864 (qq):

(3.) Every person found liable on conviction to pay any penalty under this Act shall be liable, in default of payment within a time to be fixed in the conviction, to be imprisoned for a term, to be also fixed therein, not exceeding two months, or until such penalty shall be sooner paid, and the conviction and warrant may be in the form of No. 3 of Schedule K. of the Summary Procedure Act, 1864 (qg) :

(4.) In Scotland all penalties imposed in pursuance of this Act shall be paid to the clerk of the court imposing them, and shall by him be accounted for and paid to the Queen's and Lord Treasurer's Remembrancer, and be carried to the Consolidated Fund.

(99) See n. (oo), ante, p. 109.

Appeal in

20. In Scotland it shall be competent to any person Scotland as

to appeal against any order or conviction under this Act to the next circuit Court of Justiciary, or where there are no circuit courts to the High Court of Justiciary at Edinburgh, in the manner prescribed by and under the rules, limitations, conditions, and restrictions contained in the Act passed in the twentieth year of the reign of his Majesty King George the Second, chapter forty-three, in regard to appeals to circuit courts in matters criminal, as the same may be altered or amended by any Acts of Parliament for the time being in force.

Application of Act to Ireland.

prescribed

by 20 G. 2,

c. 43.

to Ireland.

21. This Act shall extend to Ireland, with the Application modifications following; that is to say :

The expression "The Summary Jurisdiction Act" (rr), shall be construed to mean, as regards the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district; and elsewhere in Ireland, the Petty Sessions (Ireland) Act, 1851 (ss); and any Acts amending the same :

The expression "court of summary jurisdiction" (tt) shall be construed to mean any justice or justices of the peace, or other magistrate to whom jurisdiction is given by the Summary Jurisdiction Act (rr):

The court of summary jurisdiction, when hearing and determining complaints under this Act, shall in the police district of Dublin metropolis be constituted of one or more of the divisional justices of the said district, and elsewhere in Ireland of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions:

The expression "municipal authority" (uu) shall be construed to mean the town council of any borough for the time being, subject to the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, entitled "An Act for the Regulation of Municipal "Corporations in Ireland," and any commissioners invested by any general or local Act of Parliament, with power of improving, cleansing, lighting, or paving any town or township.

(rr) SUMMARY JURISDICTION ACT; Ante, sect. 10.

(ss) PETTY SESSIONS (IRELAND) ACT, 1851; 14 & 15 Vict. c. 93. (tt) COURT OF SUMMARY JURISDICTION.-Ante, sects. 4, 5, 7, 10, 12.

(uu) MUNICIPAL AUTHORITY.—Ante, sect. 4.

EMPLOYERS AND WORKMEN ACT, 1875,

(38 & 39 VICT. Cap. 90).

An Act to enlarge the powers of County Courts in respect of disputes between Employers and Workmen, and to give other Courts a limited civil jurisdiction in respect of such disputes.

Be it enacted, &c.

[13th August 1875.]

Preliminary.

1. This Act may be cited as the Employers and Work- Short title. men Act, 1875. (a)

(a) This Act has been passed in substitution for "The Master and Servant Act, 1867" (30 & 31 Vict. c. 141), repealed by "The Conspiracy and Protection of Property Act, 1875" (38 & 39 Vict. c. 86) ș. 17 (11) ante, p. 104.

ment of Act.

2. This Act, except so far as it authorizes any rules Commenceto be made or other thing to be done at any time after the passing of this Act, shall come into operation on the first day of September one thousand eight hundred and seventy-five.

PART. I

Jurisdiction-Jurisdiction of County Court.

county

3. In any proceeding before a county court in rela- Power of tion to any dispute between an employer and a work- court as to

ordering of man (6) arising out of or incidental to their relation as

payment of

money, set- such (which dispute is hereinafter referred to as a dis

off, and

rescission of

contract and pute under this Act) the Court may, in addition to any

taking

security.

jurisdiction it might have exercised if this Act had not
passed, exercise all or any of the following powers;
that is to say,-

(1.) It may adjust and set off the one against the
other all such claims on the part either of
the employer or of the workman, arising out
of or incidental to the relation between them,
as the court may find to be subsisting, whether
such claims are liquidated or unliquidated, and
are for wages, damages, or otherwise; and,
(2.) If, having regard to all the circumstances of the
case, it thinks it just to do so, it may rescind
any contract between the employer and the
workman upon such terms as to the apportion-
ment of wages or other sums due thereunder,
and as to the payment of wages or damages,
or other sums due, as it thinks just; and,

(3.) Where the court might otherwise award damages
for any breach of contract it may, if the defen-
dant be willing to give security to the satisfac-
tion of the court for the performance by him
of so much of his contract as remains unper-
formed, with the consent of the plaintiff, ac-
cept such security, and order (c) performance
of the contract accordingly, in place either of
the whole of the damages which would other-