may examine into any complaint made by a marine or by his superior officer, and by warrant under his hand discharge such marine, without fee, he being shown to have been arrested contrary to the intent of this act, and shall award reasonable costs to such complainant, who shall have for the recovery thereof the like remedy as would have been applicable to the recovery of any costs which might have been awarded against the complainant in any judgment or execution as aforesaid, or a writ of habeas corpus ad subjiciendum shall be awarded or issued, and the discharge of any such marine out of custody shall be ordered thereupon; provided that any plaintiff, upon notice of the cause of action first given in writing to any marine or left at his last quarters, may proceed in any action or suit to judgment, and have execution other than against the body or marine necessaries or equipments of such marine: provided also, that nothing herein contained relating to the leaving or deserting a master or employer, or to the breach of any contract, agreement, or engagement, shall apply to persons who shall be really and bonâ fide apprentices duly bound under the age of twenty-one years as herein prescribed." As regards apprentices, the provisions of the Marine Mutiny Act closely follow those of the Mutiny Act for the army. 38 & 39 VICT. c. 69. An Act to consolidate and amend certain Laws relating to the Militia of the United Kingdom. This act contains the following "provision as to servants eurolled." Enlistment of Servants not to vacate their Contracts with their Masters unless the Militia be embodied, &c.]-Sect. 78. "If any servant whatever hired by the year or otherwise be enlisted as a militiaman by virtue of this act, such enlistment shall not vacate or rescind the contract or alter the engagement between such servant and his master or employer, unless the militia of the county for which such servant is enlisted be embodied under this act, or unless such person so enlisted leave the service of his master or employer for the purpose of preliminary training or training and exercise in pursuance of this act, and do not return again to the same service at the end of the period of preliminary training or training and exercise, or as soon after as reasonably may be, but his master or employer shall be entitled to an abatement from his wages in proportion to the duration of his absence from his said service; and in every such case where any dispute arises between such servant and his master or employer touching any money due to such servant on account of service performed before his departure from service, by reason of the embodiment of the militia in which he is enlisted, or touching any abatement to be made by such servant by reason of his absence for preliminary training or training and exercise, and the sum in question does not exceed the sum of twenty pounds, the same may be determined as follows: In England or Ireland, any justice for the county or place where such master or employer is resident may hear and determine the dispute in a summary way, and make such order for the payment of so much wages to such servant as, having regard to the service he has performed, or the duration of his absence from his service (as the case may require) may to such justice seem just and reasonable: In Scotland, the sheriff of the county or any two or more justices for the county or place where such master or employer is resident may hear and determine the dispute in a summary way in like manner as if the sum claimed were within the amount to which their jurisdiction under the acts for the recovery of small debts respectively for the time being extends, and grant warrant for the recovery of the sum decerned for by poinding and sale in common form (t)." (t) It would be idle to attempt to anticipate the numerous questions that may arise under this curious clause, not only with regard to the Employers and Workmen Act, 1875, but apart from it. INDEX. A. ABATEMENT OF WAGES, former power as to, 5, 19. advantages and disadvantages of, 11. "apportionment," substituted term in Employers and Workmen Act, ABETTORS, in indictable misdemeanors and in offences punishable on ABSCONDING APPRENTICES. See APPRENTICE. ABSENTING FROM SERVICE, summons or warrant for, prior to 1867..5. no longer an offence, but a civil breach of contract, 80, 92. ACTION, claim under Employers and Workmen Act, so called in Lord particulars of cause of, required, 123, 175. ADJOURNMENT, powers of courts of summary jurisdiction as to, 128. where defendant does not appear, 130. in cases of variance between summons and evidence, 128. ADJUSTMENT OF CLAIMS, by courts of summary jurisdiction, 131. ADMISSIBILITY OF PARTIES AS WITNESSES, 99, 100. See WITNESSES. AFFIDAVIT, proof of service of summons out of district by, 126. AGENTS, power to summon, instead of master, before Act of 1867..4. power no longer exists under Labour Laws 1875..83. effect of want of power, 84. in part met by extended power of service of summons, 84. forcing, to alter mode of carrying on business, 32. AGGRAVATED CASES, of breach of contract, recommendation of committee provisions of Act of 1867 as to, 19, 20. powers misconstrued and abused, 25. illustrations of cases of, 21. report of Royal Commission as to, 56 et seq. difference of opinion among commissioners as to mode of dealing all agreed that some distinction between simple breaches right of trial by jury for, recommended, 61. action of legislature in 1875 as to, 93, 94, 95. AGREEMENT, written, formerly required to enforce contract by summary exclusion of certain agreements as to, by Conspiracy and Protection AIDERS AND ABETTORS in offences punishable on summary conviction or ALDERMAN of city of London, jurisdiction of, under Labour Laws, 1875.. ANNULLING CONTRACT, power of, in repealed Act of 1867..19. "rescinding" substituted in Employers and Workmen Act, 1875..165. under Conspiracy and Protection of Property Act, 1875..163. under Conspiracy, &c. Act, 163. APPEARANCE OF PARTIES on hearing under Employers and Workmen proceedings in default of appearance by defendant, 130. where plaintiff does not appear, 131. either party may appear by solicitor, 130, 131. APPORTIONMENT of wages under Employers and Workmen Act, 1875.. 165. under repealed Act of 1867..19. of fine under repealed Act of 1867..19. APPRENTICES, summary remedy by, against master before Act of 1867..5. application of powers of imprisonment under that act, 84. satisfactory provisions of Act of 1875..84. procedure with regard to, 150. may be apprehended on warrant for nonappearance, 130, 169. apprentices to sea service expressly excluded, 176. doubtful effect of repeal of acts on ordinary contracts of ap- prentices, 151, n. order on, 153. security by, 153. transfer of indentures on bankruptcy of master, 282. neglect of master to provide with necessaries, 276. extension of law, 95, 96, 154, 194, 195. combinations to force manufacturers to limit number of, formerly unlawful, 36. effect of enlistment in army or marines, 294, 298. ARBITRATION of disputes between employers and workmen, 232, 247, 281, 283. ARMY, effect of servant or apprentice enlisting in, 294. |