PARISH APPRENTICES, former jurisdiction in case of, 6. present jurisdiction, 150, 151. PAROL CONTRACTS, in general sufficient, 61, 62. but governed by Statute of Frauds, 116. PARTICULARS OF CAUSE OF ACTION under Employers and Workmen required by rules, 175. forms of particulars, 124, 125. PARTIES, examination of, as witnesses, 16. See WITNESS. appearance of, on hearing, under Employers and Workmen Act, 1875.. 129. power to summon and make orders on parties to indentures of appren PARTNERSHIP, share of profits by servant does not of itself constitute, 280. "PENALTY," damages liquidated, or distinction between, 139. PERFORMANCE OF CONTRACT, the thing desired by employer, and not the public a great interest in, 76. suggestion to Committee of House of Commons as to orders to return to work, 16, n. and as to security for performance, ib. recommendation of committee as to, 15. provisions of Act of 1867 as to, 19, 20. application of power, 23, 24. imprisonment for non-compliance with order for, 20. essential to power to order, 54. power to order recommended by report of Commission on Labour imperfect legislation of 1875 as to, 91. consent of both parties to order requisite, 132. probable effect of, 102, note (v). form of undertaking for performance, 186. PERSISTENTLY FOLLOWING PERSON FROM PLACE TO PLACE, with a PERSON, injuries to, subject of complaint under Act of 1867..18. PERSONAL EXECUTION OF WORK, contract for, by workman, within eases of, referred to, 113, n. PERSONAL SAFETY, one object of legislation affecting employed, 4. PERSONAL SERVICE of judgment summons, 177. PERSONS, jurisdiction as to, under Employers and Workmen Act, 1875.. 110. employer, 110. workman, 110, 111. PERSUASION, as distinguished from intimidation, 72. PETTY SESSIONS, courts of, made public by Jervis's Acts in cases of divisional petty sessions constitute courts of summary jurisdiction "PICKETING," offence of, defined, 66. objections by workmen to construction of Criminal Law Amendment employers, on the other hand, attributed cessation of offence to extract from Report of Trades Unions Commission on, 66, 67. objection to word, removed, or intended to be removed, by legislation but still an offence if watching exceeds certain limits, 96. PLACE for holding courts of summary jurisdiction, 107, 109. PLACE, &c., watching or besetting place of residence, work or business, PLAINT to be entered in writing, in book, under Employers and Workmen rule respecting, 175. clerk to keep book, 125, 175. fee on entry of plaint, 123, 191. PLAINT BOOK, form of, 191. POLICE COURTS of police court division in the metropolitan police district, of stipendiary magistrates, 107, 171, 199. POLICE MAGISTRATES, jurisdiction of, exclusive, 108. formerly concurrent, as regards stipendiary magistrates, 108. of Metropolis, Act of 1867, how enforced by, 23, 26. See METROPOLITAN POLICE MAGISTRATES. POTTER, within Truck Act, 240. case of, held within former law of master and servant, 113, n. PREMIUM, on apprenticeship, power of court of summary jurisdiction to PRICE OF WORK AND LABOUR, regulation of, by former legislation, 1, 29. PRISON, committal to, on judgment summons, 142, 144. PROCEDURE, recommendation of committee of House of Commons, 1866, by orders of justices under Act of 1867..19. PROCEDURE UNDER THE EMPLOYERS AND WORKMEN ACT, 1875..105. limitation in amount, 106. constitution of courts of summary jurisdiction, 107. 1 PROCEDURE UNDER THE EMPLOYERS AND WORKMEN ACT, 1875-con- tinued. (2) Jurisdiction as to persons and things, 110. employers, 110. workmen, 110, 111. contract, 111. validity of contract, 116. mutuality of contracts, 117. contracts held to have sufficient mutuality, 117. capacity to contract, 118, married women, 118. infants, 119. the subject-matter of jurisdiction, 121. (3) Process of the courts of summary jurisdiction preliminary to the hearing, 122. entry of the plaint, 122. particulars of cause of action, 123. forms, 124. plaint book, 125. summons, 125. service of the summons, 126. attendance of witnesses, 126. notice of set-off not required, 127. (4) Proceedings on the hearing, 127. court open to the public, 128. adjournment, 128. defects in substance or form, and variances between summons and evidence, 128. proceedings when both parties appear, 129. proceedings where the defendant does not appear, 130. costs, 133. (6) The award of damages, 134. liquidated damages or penalty, 139. (7) The enforcement of orders, 140. orders for payment of money, 140. execution against goods and chattels, 140. enforcement of undertaking for performance, 144. (8) Force and effect of orders, 145. case for opinion of superior court, 146. effect of order on a subsisting contract, 147. effect of order on proceedings in other courts, 149. (9) Apprentices, 150. enforcement of order for performance of duties, 152. procedure against parent or other person party to the indenture, 152. PROCEDURE UNDER THE CONSPIRACY AND PROTECTION OF PROPERTY (1) Offences under the act, 154. wilful and malicious breach of contract of service with gas or PROCEDURE UNDER THE CONSPIRACY AND PROTECTION OF PROPERTY (1) Offences under the act-continued. wilful and malicions breach of contract of service endangering master of servant or apprentice neglecting to provide food using violence or intimidation, or molestation to compel another (2) The tribunal and mode of deciding cases, 159. court of summary jurisdiction, 159. legal proceedings, 160. competency of witnesses, 160. objection by defendant to court of summary jurisdiction, 161. case for opinion of a superior court, 163. PROCESS, of courts of summary jurisdiction under Employers and Work- men Act, 1875..122. summons, 125. form of, 179. service of, 126. summons for witness, 126. form of, 179. orders, 133. forms of judgment, 180. security for performance, 132. form of undertaking, 186. execution against goods, 140. forms of warrants of distress, 184, 185. judgment summons, 142. rules respecting, 177. form of, 181. order of commitment, 143, 144. form of order, 182. order of discharge from custody, 178. form of certificate for discharge, 183. in apprentice cases, 150-153. forms, 187-190. case for superior court, 146. of courts of summary jurisdiction under Conspiracy and Protection of Property Act, 1875..160. information, 160. summons or warrant thereon, 160. examination and committal for trial on objection to jurisdiction, appeal, 163. case, 163. PROPERTY, injury to, subject of complaint under Act of 1867..18. punishment for spoiling or injury to, under repealed Combination Act wilful and malicious breaches of contract exposing property to injury, hiding or depriving or hindering the use of, 155. PROSECUTION by indictment of offences under Conspiracy and Protection costs of, not allowed, 162. PUBLIC GROUNDS, enforcement of contracts for manual services on, 3, 4. PUBLIC-HOUSES, prevention of payment of miners' wages at, 285, 291. PUNISHMENT for offences as distinguished from civil remedy for simple prior to 1867 no summary remedy for simple breach, 6. distinction introduced by Act of 1867..20. object of act to get rid of direct imprisonment for simple breaches, 22. Q. QUARRYMEN, within scope of legislation, 3. QUARTER SESSIONS, trial of offences at, by jury, recommendation of com- committal to, of defendant objecting to summary jurisdiction, 162. under former Act of 1867..20. R. RECOGNIZANCE for performance of contracts, suggestion to committee of provision in Act of 1867 as to, 19. RECORD, divisional petty sessions not courts of, 109. REPLY, by complainant, not allowed by Summary Jurisdiction Act, 129. REPORT of Committee of House of Commons on Master and Servant of Committee on Combination Laws, 33. of Commission on Trades Unions, 37. of Commission (1874) on Labour Laws, 49. of Criminal Law Commissioners on Conspiracy, cited, 44, 45. of New York Criminal Code Commissioners, cited, 44, n. RESCINDING CONTRACT, power of county court and court of summary the like, by courts of summary jurisdiction, of instruments of ap- RIOT, law relating to, not affected by sect. 3 of Conspiracy and Protection ROYAL COMMISSION ON LABOUR LAWS, Report of, 49. |