wise have been awarded, or some part of such

damages.

The security shall be an undertaking by the defendant and one or more surety or sureties that the defendant will perform his contract (d), subject on non-performance to the payment of a sum to be specified in the undertaking.

Any sum paid by a surety on behalf of a defendant in respect of a security under this Act, together with all costs incurred by such surety in respect of such security, shall be deemed to be a debt due to him from the defendant; and where such security has been given in or under the direction of a court of summary jurisdiction, (e) that court may order payment to the surety of the sum which has so become due to him from the defendant (ƒ).

(6) WORKMAN.—For a definition of this expression, see sect. 10, post. There is no definition given of the word "employer."

(c) ORDER FOR PERFORMANCE OF CONTRACT.-The form of this order is not given in the Sched. to the rules issued by the Lord Chancellor.

(d) UNDERTAKING FOR PERFORMANCE OF CONTRACT.-See form of the undertaking, Sched. to rules, No. 10, post.

(e) COURT OF SUMMARY JURISDICTION.-For a definition of this expression, as to England, see post, sect. 10; as to Scotland, sect. 14; as to Ireland, sect. 15.

(ƒ) DEBT DUE FROM DEFENDANT.-As this section makes any sum paid by a surety a debt from the defendant, such debt would be recoverable under the ordinary jurisdiction of a county court; but if it had not been for this special provision, it would not have been recoverable in a court of summary jurisdiction.

Jurisdiction

of justices in

tween em

ployers and
workmen.

Court of Summary Jurisdiction.

4. A dispute under this Act between an employer

disputes be- and a workman may be heard and determined by a court of summary jurisdiction (g), and such court, for the purposes of this Act, shall be deemed to be a court of civil

work without jurisdiction, and in a proceeding in relation to any Absence from

is a

leave dripule

such dispute the court may order payment of any sum

Kanser Hubbard which it may find to be due as wages, or damages, or

Jurisdiction
of justices

masters and

otherwise (h), and may exercise all or any of the powers
by this Act conferred on a county court (i): Provided
that in any proceeding in relation to any such dispute
the court of summary jurisdiction-

(1.) Shall not exercise any jurisdiction where the
amount claimed exceeds ten pounds; and
(2.) Shall not make an order for the payment of any
sum exceeding ten pounds, exclusive of the
costs incurred in the case, and

(3.) Shall not require security to an amount exceed-
ing ten pounds from any defendant or his

surety or sureties.

(g) COURT OF SUMMARY JURISDICTION.-See ante, p. 115, note (e).

(h) ORDER FOR Payment of WAGES, &c.—See the form of the order as part of the "Judgment for Plaintiff," Sched. to rules No. 3, post.

(i) POWERS CONFERRED ON COUNTY COURT.—See ante, sect. 3. 5. Any dispute between an apprentice to whom this in disputes Act applies (j) and his master, arising out of or incidental apprentices. to their relation as such (which dispute is hereinafter referred to as a dispute under this Act), may be heard and determined by a court of summary jurisdiction (k).

(5) APPRENTICE TO WHOM ACT APPLIES.-See post, sect. 12.
(k) COURT OF SUMMARY JURISDICTION.-See ante, p. 115, n. (e).

justices in

apprentices.

6. In a proceeding before a court of summary jurisdic- Powers of
tion (1) in relation to a dispute under this Act (m) between respect of
a master and an apprentice, the court shall have the
same powers as if the dispute were between an employer
and a workman, and the master were the employer and
the apprentice the workman, and the instrument of
apprenticeship a contract between an employer and a
workman, and shall also have the following powers:-
(1.) It may make an order directing the apprentice
to perform his duties under the apprentice-
ship (n); and,

(2.) If it rescinds the instrument of apprenticeship
it may,
if it thinks it just so to do, order the
whole or any part of the premium paid on the
binding of the apprentice to be repaid (0).

Where an order is made directing an apprentice to per-
form his duties under the apprenticeship, the court may,
from time to time, if satisfied after the expiration of
not less than one month from the date of the order
that the apprentice has failed to comply therewith,
order him to be imprisoned for a period not exceeding
fourteen days (p).

(1) COURT OF SUMMARY JURISDICTION.--See ante, p. 115, n. (e). (m) DISPUTE UNDER THIS ACT.-See sect. 5, supra.

(n) ORDER ON APPRENTICE TO PERFORM DUTIES.-See form, Sched. to rules No. 11, post. In Moore, App., Smith, Resp., 39 J. P. 772, it was held that there was nothing in the "Master and Servant Act, 1867," (30 & 31 Vict. c. 141, now repealed), to take away the common law right of an apprentice to disaffirm his apprenticeship on coming of age; nor does it seem that the present Act contains anything to have that effect.

The law times tol 63. p404 /ae020. 16107)

Justices at Leicester decided that section did not alter the common law right of apprentice to avoid Indenture on atte 21.

Order against surety of apprentice,

power

apprentice

to give security.

(0) ORDER RESCINDING CONTRACT OF APPRENTICESHIP.-See form, Sched. to rules No. 12, post.

(P) ORDER FOR IMPRISONMENT OF APPRENTICE.-See form Sched. to rules No. 13, post.

7. In a proceeding before a court of summary jurisdiction (q) in relation to a dispute under this Act (r) between and of a master and an apprentice, if there is any person liable, under the instrument of apprenticeship, for the good conduct of the apprentice, that person may, if the court so direct, be summoned (s) in like manner as if he were the defendant in such proceeding to attend on the hearing of the proceeding, and the court may, in addition to or in substitution for any order which the court is authorized to make against the apprentice, order the person so summoned to pay damages (t) for any breach of the contract of apprenticeship to an amount not exceeding the limit (if any) to which he is liable under the instrument of apprenticeship.

The court may, if the person so summoned, or any other person, is willing to give security to the satisfaction of the court for the performance by the apprentice of his contract of apprenticeship, accept such security (u) instead of or in mitigation of any punishment which it is authorized to inflict upon the apprentice.

(4) COURT OF SUMMARY JURISDICTION.—See ante, p. 115, n. (e). (r) DISPUTE UNDER THIS ACT.-See sect. 5, ante.

(s) SUMMONS FOR SURETY.-There should first be an application for summoning the surety; see form, Sched. to rules No. 15, post; for the form of the summons see No. 16, post.

(t) ORDER FOR SURETY TO PAY DAMAGES.-See form of order, Sched. to rules No. 17, post.

(u) ACCEPTANCE OF SECURITY FOR APPRENTICE.-See form Sched. to rules No. 14, post.

Ꮲ Ꭺ Ꭱ Ꭲ II.

Procedure.

giving

8. A person may give security under this Act in a Mode of county court or court of summary jurisdiction (w) by an security. oral or written acknowledgment in or under the direction of the court of the undertaking or condition by which and the sum for which he is bound, in such manner and form as may be prescribed by any rule for the time being in force (x), and in any case where security is so given, the court in or under the direction of which it is given may order payment of any sum (y) which may become due in pursuance of such security.

The Lord Chancellor (z) may at any time after the passing of this Act, and from time to time make, and when made rescind, alter, and add to, rules with respect to giving security under this Act (aa).

(w) COURT OF SUMMARY JURISDICTION.—See ante, p. 115, n. (e). (x) UNDERTAKING. -See ante, p. 115, n. (d).

(y) ORDER FOR PAYMENT BY SURETY.—The form of this order is not given.

(*) LORD CHANCELLOR.-As to the construction of this term in Scotland, see sect. 14, post, 127; in Ireland, sect 15, post, 128. (aa) RULES AS TO GIVING SECURITY.—No rules have yet been issued by the Lord Chancellor under this Section.

proceedings.

9. Any dispute or matter in respect of which juris- Summary diction is given by this Act to a court of summary jurisdiction (bb) shall be deemed to be a matter on which that court has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction