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Tompkinson, Ap., West, Res., Hodkinson, Ap., Green, Res.

as a married woman, was incapable of contracting, and that consequently there was nothing to bind her as between her and her employer. And in Hodkinson, App., Green, Resp., Id. 372, the court held that an order on a married woman, under the same Act, to pay money by way of compensation under similar circumstances could not be made.

In the former case it does not appear that the provisions of the "Married Women's Property Act," were brought under the notice of the court; but they were so in the latter case, when Blackburn, J. said, we have already decided the point and cannot re-open it."

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The result would seem to be that if a married woman enters into a contract of service she may enforce it under the abovenamed statute for the recovery of wages due to her; but that it could not be enforced against her either under the "Conspiracy Act" or the "Employers and Workmen Act."

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THE DEBTORS' ACT 1869

(32 & 33 VICT. c. 62 s. 5).

Subject to the provisions hereinafter mentioned, and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court:

Provided, (1) That the jurisdiction by this section given of committing a person to prison shall, in the case of any court other than the superior courts of law and equity, be exercised only subject to the following restrictions, that is to say,—

(a) Be exercised only by a judge or his deputy, and by an order made in open court, and showing on its face the ground on which it is issued:

(b) Be exercised only as respects a judgment of a superior court of law or equity, when such judgment does not exceed £50, exclusive of costs:

(c) Be exercised only as respects a judgment of a county court by a county court judge or his deputy.

(2.) That such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects to pay the

same.

Proof of the means of the person making default may be given in such manner as the court thinks just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath, according to the prescribed rules.

Any jurisdiction by this section given to the superior courts may be exercised by a judge sitting in chambers, or otherwise, in the prescribed manner.

For the purposes of this section, any court may direct any debt due from any person in pursuance of any order or judgment of that or any other competent court to be paid by instalments, and may from time to time rescind or vary such order.

Persons committed under this section by a superior court may be committed to the prison in which they would have been confined if arrested on a writ of capias ad satisfaciendum, and every order of committal by any superior court shall, subject to the prescribed rules, be issued, obeyed, and executed in the like manner as such writ.

This section, so far as it relates to any county court, shall be deemed to be substituted for sections 98 and 99 of the County Court Act, 1846, and that Act and the Acts amending the same shall be construed accordingly, and shall extend to orders made by the county court with respect to sums due in pursuance of any order or judgment of any court other than a county court.

No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand, or cause of action, or deprive any person of any right to take out execution against the lands, goods, or chattels of the person imprisoned, in the same manner as if such imprisonment had not taken place.

Any person imprisoned under this section shall be discharged out of custody upon a certificate signed in the prescribed manner, to the effect that he has satisfied the debt or instalment of a debt, in respect of which he was imprisoned, together with the prescribed costs (if any).

INDEX.

ABSENCE. See FORFEITURE.

of defendant, effect of, 120.

ACCEPTANCE OF SECURITY FOR PERFORMANCE
OF CONTRACT BY APPRENTICE,

form of, 151.

ACCUSED. See SUMMARY JURISDICTION.

ACKNOWLEDGMENT,

oral or in writing, by way of security, 119.

ACT OF PARLIAMENT. See STATUTES.

ACTION,

substance of, to be entered in book, 130.

ADJOURNMENT

of hearing, under Employers and Workmen Act, 1875, 134.

ADJUSTMENT

of claims between employer and workman, 114.

AGREEMENT OR COMBINATION,

what not indictable as conspiracy, 77.

to do an act punishable on summary conviction, penalty
for, 78.

AMOUNT

of security, in court of summary jurisdiction, limited, 116.

APPAREL. See WEARING APPAREL.

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