MASTERS AND SERVANTS ACT.

Press, Volume VI, Issue 673, 26 December 1864, Page 3

MASTERS AND SERVANTS ACT.

The following B-l was introduced by Mr. C. Wilson daring the late Session of the General Assembly. It ~ f is intituled " An Act to ensure the fulfilment of Engagements and to provide for the adjustment of disS. putes between Masters and Servants s"— &■- Be it enacted by the General Assembly of New Zealand in Parliament assembled and by the authority •\ of tie same as follows :— 1. The Short Title of this Act shall be " The Masters and Servants Act 1864." TT. it aha- be lawful for any two or more Justices of titte Peace met and acting together to hear - «_d determine in a summary manner all informations for penalties and all complaints differences or disputes which shall happen or arise under this Act whether the same be between any servant and his employer ox master or the overseer or ag~nt of such employer or master or between any persons whomHL Ko oo_.vic_on order or award shall be made within six months from the time when the offence breach of agreement or cause of complaint arise. IT. If any servant shall contract with any person whomsoever to serve him for any time or times whatsoever or in any manner and -hall not enter into or commence bis service according to his contract (such contract bong in writing) or having entered into such • service shall absent himself from his service before the term of bis contract whether such contract shall be m writing or not in writing shall be completed or neglect to fulfil the same or be guilty of disobedience •or of any other misconduct or misdemeanor in the fr-ffifri- thereof or otherwise respecting the same then and in every such case such servant shall be guilty of an offence under this Act and s_a_ upon conviction thereof be liable to be * inmrisQned fora term not exceeding three months or hi fieu thereof the convicting Justices may punish the offender by abating tbe whole or any part of his wages and may discharge him from his contract asrvice or employment if it be the desire of the master or employer or bis manager agent or overseer - that such servant shall be discharged but not otherwise. / Y. If anyservantwho shall enter into any agreeBe_it either written or -oral with any master or with *".-.-Ms sgent or overseer for any time or period whateoever at and for any wages or salary whatsoever or :; * wi» ahaU have hixed or engaged himself to any such T-mtflr fa» do perform finish or complete any work job ot employment whatsoever taken in task by the piece or m gross and under pretence of requiring the same to enable him to pay tho expense of has journey to the place or places ■t which and where he basso engaged to serve such master, or under any other pretence whatsoever shall obtun or procure fiom such master or his agent any amn of money or goods as an advance on account of the wages at which he -hall so have engaged to mm or in part of the amount for which he shall have agreed to perform any such work, job or empkmneot as aforesaid shall after obtaining the same ■mmfiffk or refuse under any pretext whatsoever forthwftbto go to the place or places at which he shall have been so hired or employed to work or serve mrhmsstfr during the time for which be shall have agreed or shall refuse to perform or complete any wo* job or employment whatsoever which he had " enpged to perform or complete as aforesaid any

servant so offending shall on conviction of such ' ;__ff- blB to ** imprisoned for any term not i exceeding three calendar months and at "the discre- : taon of the convicting Justices to bu kept to hard > labor for the whole or any part of the saut term. VI. II any servant shall wilfully or negligently spoil or destroy any goods wares work or materials for work committed to his charge or shall wilfuliy or negligently injure or lose any cattle sheep horses or other property belonging to or in the charge of his employer every such offender being thereof lawfully 1 convicted shall forfeit and pay reasonable damages for , such property so spoiled destroyed injured or lost as ' aforesaid and in defaultof satisfaction of such damages shall be committed to gaol by such Justices for any period not exceeding three months with or without • hard labor at the discretion of such Justices Provided ■ that in all cases of mere negligent injury under this clause where any damages shall be assessed against any such offender the mode of satisfying the same shall be in the discretion of the convicting Justices where it can be shown that any such offender has any means of satisfying such damages otherwise than by undergoing such term of imprisonment. VH, In all cases of wages not exceeding thirty pounds which shall be due and payable and unpaid to any servant any two Justices may upon complaint thereof make such order for payment of the said wages with the costa incurred by the servant in prosecuting such claim as shall to such Justices appear reasonable and just: Provided always that no warrant of execution shall issue or levy be made for any wages duo by a person whose estate has been sequestrated subsequent to such wages becoming due. VHI. Any person imprisoned for non-payment of wages shall be discharged out of custody so soon a3 his estate shall have been placed under sequestration in pursuance of any law of bankruptcy or insolvency. IX. If masters or employers reside at considerable distances from the districts or places where their business is carried on or are occasionally absent for long periods of time and during such residence or occasional absences entrust their business to the , management and superintendence of agents overseers or other managers in either of the said cases it shall be lawful upon the complaint of any such servant for any two Justices to make and enforce an order for the payment by such agent overseer or manager to such servant of so much wages as to such Justices shall appear to be justly due provided that the sum in question do not exceed the sum of thirty-pounds. X. If any artificer splitter fencer sheep shearer or person engaged in mowing reaping or getting in hay or corn or in sheep-washing or other-laborer who shall contract with any person whomsoever for the performance of a certain work at a certain price shall absent himself from his services before the termination or completion of his contract it shall be lawful for any two Justices to commit every such person to a common goal there to be kept for any time not exceeding three months. XI. Upon any complaint of any artificer splitter fencer sheepshearer person engaged in the reaping mowing or getting in of hay and corn or in wash° ing sheep or other laborer who shall have contracted for the performance of a certain work at a certain price against any master or employer touching or concerning any misusage refusal of necessary provisions or furnishing provisions of bad quality non payment of wages cruelty or other ill-treatment whatsoever of or towards any such artificer or other person as aforesaid two Justices of the peace may make an order for the payment of such wages and such sum of money by way of amends as to such Justices shall then appear to be due or owing to any such artificer or other person as aforesaid as they shall think fair and reasonable. XII. When any wages shall be paid to any servant by any cheque draft order or note in writing upon any bank or any person and the same shall be dishonored no servant shall thereby be deprived of any remedy given to him by this Act for the recovery of his wages but every such servant shall in addition to his wages be entitled to recover such reasonable damages as he may have sustained in consequence of the dishonor of such cheque draft order or note and such damages shall be recoverable as wages due to such servant in the same way that wages are hereinbefore directed to be recovered: Provided that such cheque draft order or note shall be given up to the master before the amount thereof or any damages shall be awarded for such dishonor. XHI. Upon complaint on oath of any servant against any master or employer for refusal of necessary provision or other ill-treatment whatsoever of or towards any such servant two Justices may after summons issued and parties heard make an order awarding such amends to any such servant as they shall think fair and reasonable. XTV. Upon the discharge of any servant or upon the termination of his service the master shall give to him upon demand a certificate of such servants' service and discharge which certificate shall be signed by the master or his agent and if the master or agent shall refuse to give such certificate to 1 such servant he shall forfeit and pay a sum not exceeding five pounds : Provided that such discharge . may be given by any Justices of tbe Peace where . the master or agent refuses to give it without reasonable cause and that no such certificate shall be necessary in the case of any weekly servant employed 1 within any city or town". | XV. If any person shall knowingly receive employ or entertain any servant already employed or retained j • by any other person and not lawf_lly discharged from • such service or employment every person so offending • shall for every such offence being lawfully convicted ; thereof forfeit and pay a sum not exceeding twenty i pounds one half thereof to be paid to the informer in j l such case. | XVI. It shall be lawful for any two or more justices of the peace in any case not hereinbefore specially | > provided for to hear and determine in a like summary > manner any complaint difference or dispute whigh shall happen and arise between any such servant i and his master or employer or his overseer or ■ agent and to make such order or award against ' either party in every case as to such justices shall l seem meet and to cancel the indenture or agreel ment between the parties and to impose on either i party a fine or penalty proportionable to the offence i but not exceeding the sum of thirty pounds : Pro- • vided always that no such agreement or indenture i shall be cancelled without the consent of the party • in whose favour such decision is given. ■ XVH. In prosecuting any offence under this Act l it shall not be necessary for the purpose of proving i the execution of any agreement to call any subscrib- > ing or attesting witness thereto or to account for the ■ absence or to prove the handwriting of any such subl scribing or attesting witness but every agreement may j i be proved in a like manner as if there were no sub- ; scribing witness therto. j i XVIII. If any servant in the United Kingdom in • British colonies in the British East India Posses- -, sions and in Foreign Countries shall contract by indenture or other written agreement with any • person about to proceed to or actually resident in t the colony or with the agents of such person it . shall be lawful for any person with whom any such • servant shall have so contracted to serve as aforei said to maintain an action against any person who ; shall employ retain harbor or conceal any such ser- > vant with intent to deprive the employer of any such ; person of his services or otherwise with intention to 5 defraud or injure such employer and in case the t plaintiff in any such action shell recover therein he i in addition to the damages found shall be entitled to 1 treble costs. r XIX. If any person shall wilfully or knowingly f hire or employ any such person whatsoever already > employed or retained by any other person every t person so offending shall for every such offence forfeit . & sum not exceeding twenty pounds one half thereof » to be paid to the informer. XX. All such contracts by indenture or written I agreement shall he of the like force and effect within j the colony as if they had been actually made and 5 executed by the parties thereto within the same : r Provided that no such contract shall be binding on 1 any person to serve for a longer period than five r years.

h XXI. It shall be lawful for any two or more it Justices upon complaint made upon oath to punisi[ >- by fine or imprisonment or both any wiifal violation 1 of the provinces of such indentures" or other written agreement as last aforesaid or any misdemeanour r miscarriage misconduct or illbchaviour of such sers vant in such his service or employment as aforesud r an.l ah-o to hear and determine ail complaints dith ;•- ---r eaces or disputes which shall happen and arise be-st-ween any such servant and the person whom he F shall have so contracted to serve as aforesaid and r to make such order or award in every such case as s to such Justices shall seem just. s XXII. Throughout this Act unless when others' wise required by the context the word "servant" t shall extend to and include all agricultural and otuer 1 laborers and workmen shepherds stockmen and artisans 3 domestic and other servants but nothing herein cont tamed shall apply to any aboriginal native of the j colony. 3 XXILT. Nothing in this Act contained shall be f deemed or taken to authorise the committal of any C female servant to any gaol. XXI\. Ali fines or penalties not hereinbefore T specially appropriated shali be paid to her Majesty and I be brought to account by the Colonial Treasurer as . ordinary revenue. 3 XXV. Nothing in this Act contained shall be t deemed or taken to authorise any Justice of the Peace 3 to exercise any such jurisdiction as aforesaid in any t case of any such servant as aforesaid who shali be in , the service of any such justice or in any case in which 5 any such justice may be directly interested. j