MR. BRODIE'S "MASTERS AND SERVANTS BILL."

New Zealander, Volume 12, Issue 1028, 23 February 1856, Page 2

MR. BRODIE'S "MASTERS AND SERVANTS BILL."

Be it knacted by the Superintendent of ilte Province of Auckland, with the advice and consent of the Provincial Council thereof, as follows :V - : v: 1. That if any servant shall contract with any .person whomsoever, to .serve hhn for any time 'whatsoever,, and shall not enter into or .commence liis service according to his contract (such Contract being in writing, and signed by tire contracting parties), or, having entered into suchservice, shall absent himself from bis service before the term of his contract, whether such contract shall be in writing or not, shall be completed, or neglect to fulfil the same, or be guilty of fmy other misconduct, ill behaviour, or misdemeanor in the execution thereof, or otherwise respecting the same. such.servant shall, for every such offence, upon due conviction thereof, before any resident Magistrate or two or more Justices of the Peace, be sentenced to be imprisoned, with or without hard labour, for any period not exceeding three calendar months ; or in lieu thereof shall forfeit the whole or any part of his wages, and be discharged from his service, if so desired by his employer, but not otherwise.

2. That if any servant shall be guilty of any misconduct, either pecuniary or otherwise, wilful disobedience, or habitual neglect, being absent when wanted, sleeping from home at night without leave, such .servant may be discharged at a moment's warning, and maybe liable, upon conviction before any resident Magistrate, or any two or more Justices of the Per.ee, to be imprisoned for any term not exceeding four weeks : Provided always, that such servant shall only be entitled to receive his wages due up to the day of his discharge.

3. That if any servant shall ■wilfully or negligently spoil or destroy any goods, wares, work, or materials for work, committed to his charge or care, or.shall wilfully or negligently injure pilose any cattle or other property belonging to or in charge of his employer, such servant shall, i upon conviction before a resident Magistrate, or any two or more Justices of the Peace, forfeit and pay reasonable damages for such wilful neglect, and in default may be committed to gaol for three" months, with or without hard labour : Provided always, that, in all eases of mere negligent injury, the damages assessed, and the nv>de of satisfying the same, shall be in the discretion of the resident Magistrate, or such Justices as aforesaid, where it can be shown that the offender has the means of satisfying the damages, without undergoing such term of imprisonment. 4. That when any master or employer shall reside a considerable distance from the place, where his business is carried on, or shall be occasionally absent lor long periods.of time, it shall be lawful for his agent, overseer, or manager, to be sued for wages ; and in default of payment, the resident Magistrate or the Justices trying the case may levy the same by distress and sale of the goods and chattels of such master or employer : Provided always, that the sum so sited for, as aforesaid, does not exceed thirty pounds, and that twenty one days after conviction must be allowed before distress can be made.

5. That if any master shall be guilty of any ■misusage, refusal of necessary provisions* cruelty, or other ill-treatment, towards any servant,' it shall be lawful for any resident, two or more Justices of the Peace, todischarge such servant, and to award such remuneration to any such servant as aforesaid, beyond such wages as are due up to the time of discharge, as to him or them shall seem meet. -

(5. Thiil, upon the discharge of any servant as afoivsuir], or upon the termination ot his service, his employer shall he bounctto give hiih a certificate of his service and discharge ; or, in default thereof, shall, upon conviction before any resident Magistrate, or two or more Justices of the Peace;* be liable- to" a penalty 'riot exceeding five pounds: Provided always, that no such .certificate shall be necessary to a weekly servant in any city or tOWII., ..,:.:, i„ ... ,' ~ ' ... : ' : 7, That every servant, who shall enter into a new contract to serve, shall deliver to the master or employer into whose service he so enters aceriincase of discharge from his last place, of service, unless it be hb iir.-it term of hiring ; and any mas.

ter engaging any such servni.it, without rcceivW such certificate an aforesaid? shall, upon convic tiou before- <iny resident Magistrate, or |iy 0 o more Justices of the Peace, bediable to a penalj j ridt exceeding five pounds. -" 8. That if any master or employer shall give false certificate of discharge, wilfully p-etendir.-I that any .servant had been in his service' or left J his service at any other time than when h5 acta ally left, or that*any such servant had riot been ft service previously, contrary to truth, in . -(j'". case, such master or employer so offendin" sha'l upon conviction before any resident Mu<Mitrah' or any two or more Justices of the Peace" be liable to a penalty not exceeding ten pound*,. !). That il any person shall wilfully harbour conceal, employ, retain, or assist in harbouring concealing, employing, or retaining any servant who shall have broken his contract, or absented himself from his master's employment, without having used reasonable diligence to ascertain whether such servant had been duly from his last employment, or shall cause, induct or persuade any such servant, by words or j, v an * other means whatsoever, to violate, or to at! ruy or endeavour to violate, any contract he may ha entered into, such person so offending shall fo r every such offence, upon conviction thereof before any resident Magistrate, or two or more .hiitiec; of the Peace, forfeit and pay a penalty not ex' ceeding twenty pounds for tha first ofTmce, and not less than ten pounds, nor more than fifty pounds, for a second or subsequent offence. 10. That all contracts, written agreements, or indentures, made without "the province, shall be fit' the same force and effect as if they had been made and executed by the respective parties within the same, rind shall subject all parties, for any breaches of this Act, on conviction before any resident Magistrate, or two or more Justices of the Peace to its penalties. 11. The word "servant" shall include ngvl~ cultural and other labourers, workmen, shepherds, stockmen, sawyers, artisans, miners, domestic and other servants. 12. This Act shall be intituled the li Masters aud Servants Act, 1856" and may be cited and inferred to by that title. :