(5.) FORMS.-The forms used in the schedule Forms to shall be used. be used. APPEALS. as to There is no express provision for appeal against No express the decision of the courts, either in the Employers provision and Workmen Act, or in the Rules issued there- appeal. under by the Lord Chancellor. It appears from the reading of the Act that an order by the Court of Summary Jurisdiction once completed is final, and cannot be varied or superseded, or the case reheard by the court, except in those instances expressly provided for, by way of a case stated by the justices, and by the Acts governing the courts in which the action is tried. the Court to be conclusive. An order of the Court of Summary Jurisdiction Order of must be treated as conclusive, in the same manner as an order of the justices under the Summary treated as Jurisdiction Acts, only to be varied or set aside by a superior court in the event of an excess of jurisdiction, or of an erroneous decision in point of law. the de Court. Any case for the opinion of the superior Case for courts must be under the authority and provisions cision of a of the Summary Jurisdiction Acts. as before Superior mentioned, by which Acts it appears that the court may state a case for the opinion of the superior courts. If the magistrates refuse improperly to state a case the Queen's Bench Division of the High Court of Justice has power to compel them to do so.* In all such cases the appellant must give notice * See Chap. XVII., Appeals, New Trial, etc. of appeal in accordance with the provisions of the Act, and enter into recognizances, in such sum as the court may direct, to prosecute the appeal, and pay the costs of the respondent if the appeal is dismissed.* *See Chap. XVII., Appeals, New Trial, etc. CHAPTER II. EMPLOYERS AND WORKMEN. [38 & 39 VICT., CH. 90.] AN Act to enlarge the powers of County Courts in respect A.D. 1875. of disputes between Employers and Workmen, and to give other Courts a limited civil jurisdiction in respect of such disputes. Be it enacted as follows: Preliminary. [13th August, 1875.] I. This Act may be cited as the Employers and Work- Short title. men Act, 1875. Act. II. This Act, except so far as it authorises any rules to Commencebe made or other thing to be done at any time after the ment of passing of this Act, shall come into operation on the first day of September one thousand eight hundred and seventyfive. PART I. Jurisdiction-Jurisdiction of County Court. county III. In any proceeding before a county court in relation Power of to any dispute between an employer and a workman arising court as to out of or incidental to their relation as such (which dispute ordering of is hereinafter referred to as a dispute under this Act) the payment of money, setcourt may, in addition to any jurisdiction it might have off, and re A.D. 1875. exercised if this Act had not passed, exercise all or any of the following powers; that is to say, scission of contract and taking security. (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 apportionment 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 defendant be willing to give security to the satisfaction of the court for the performance by him of so much of his contract as remains unperformed, with the consent of the plaintiff, accept such security, and order performance of the contract accordingly, in place either of the whole of the damages which would otherwise 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, subject on nonperformance 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, that court may order payment to the surety of the sum which has so become due to him from the defendant. Court of Summary Jurisdiction. A.D. 1875. tion of justices in between men. IV. A dispute under this Act between an employer and Jurisdica workman may be heard and determined by a court of summary jurisdiction, and such court, for the purposes of disputes this Act, shall be deemed to be a court of civil jurisdiction, employers and in a proceeding in relation to any such dispute the and workcourt may order payment of any sum which it may find to be due as wages, or damages, or otherwise, and may exercise all or any of the powers by this Act conferred on a county court: 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 exceeding ten pounds from any defendant or his surety or sureties. V. Any dispute between an apprentice to whom this JurisdicAct applies and his master, arising out of or incidental to tion of justices in their relation as such, (which dispute is hereinafter referred disputes to as a dispute under this Act,) may be heard and deter- between mined by a court of summary jurisdiction. masters and ap tices. VI. In a proceeding before a court of summary juris- prentices. Powers of diction in relation to a dispute under this Act between a justices in master and an apprentice, the court shall have the same respect of powers as if the dispute were between an employer and a apprenworkman, 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 |