Contracts, remedy for breaches (1842) (WA)

WESTERN AUSTRALIA.

ANNO SEXTO

VICTORIA] REGINA].

No. V.

An Act to provide a summary remedy in

certain cases of Breach of Contract.

HEIIEAS it is expedient that a more simple remedy should be Preamble'

provided in certain cases of Breach of Contract than is af- forded by the existing laws of this Colony; and whereas it frequently happens that persons contract Tor the performance of work within a 'certain time, or at a certain price, and do leave their respective ser- vices or engagements before the terms of their contracts are fulfilled,

6th Viet. No. 5. 1842,

to the great disappointment and injury of the persons with whom they so contract : Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Le- gislative Council thereof, that, from and after the passing of this Act, if any artificer, manufacturer, journeyman, workman, labourer, or

Punishment of artificers,other servant, employed in any manner howsoever, either as a menial &e., for breach of con- or house•servant, or in any other capacity, or who shall have been tract. hired or engaged by, or with any master, or mistress, or employer,

or employers, for any time, or term whatsoever, shall, during any

part of such time for which he, or she, shall have been so hired or

engaged, absent himself; or herself, from the lawful and usual service of the person, or persons, to whom he, or she, shall be so engaged a:

aforesaid, or shall refuse, or neglect, to work in the trade, calling, 01

employment, for which he or she shall have been so hired or engaged, in a diligent and careful manner, after having been thereunto re- a 6

quired by his or her master, mistress,- employer or employers as aforesaid, or shall return his or her Work, or desert or quit the same 'before the same shall be completely finished, without the consent of the person or persons by whom he or she shall have been so em- ployed, or shall he guilty of any other misconduct; it shall and may be lawful for any one Justice, upon complaint in such case made, to cause such party so offending to be brought before arty two or more Justices of the Peace, by ivhom such complaint May be heard and determined, and upon conviction thereof to commit the party so offending as

- aforesaid to the common gaol for any term not exceeding three calen- dar months, there to remain and be kept to hard labor, and every person convicted of so offending as aforesaid, shall moreover forfeit all, or such part of his, or her, wages; or pay, which shall or may be due or owing to him, or her, from and by the party complaining at the time of such conviction, as in the discretion of such Justices shall appear reasonable.

Remedy against splitters, II. AND be it enactd, that if any artificer, splitter, fencer, Well-

fencers, 84c., for breach of contract. sinker, or person engaged in mowing, reaping, or getting id of hay, or corn, shepherd, or other labourer, who shall contract for the per- formance of any work in a certain time, or at a certain price; shall absent himself from his service before the termination or completion of his contract, it shall and may be lawful for any Justice of the Peace, upon complaint thereof made upon oath to him by the employer of such person, or by his or her overseer, to issue his warrant for the ap- prehending and bringing such person before any two or more Justices of the Peace,and if it shall appear to such Justices that such person shall

1842.            6th Victori, No. 5.

not have fulfilled such contract, it shall and may be lawful for such Justices to commit such person to the common gaol, there to be kept to hard labor, for any time not exceeding three calendar mouths.

III. AND be it enacted, that it shall and may he lawful for any agaiplaints Compby

servants

se

masters.

one Justice of the Peace, upon any complaint or application upon oath of any such artificer, manufacturer, journeyman, workman, la- borer, menial, house or other servant, hired for any time or term whatsoever, against any such master, mistress, or employer, touching or concerning any misusage, refusal of necessary provision, non-pay- ment of wages, cruelty, or other ill-treatment whatsoever, of, or towards, any such artificer, manufacturer, journeyman, workman, laborer, menial, house, or other servant, to summon any such master, mistress, or employer, to appear before any two or more Justices at a reasonable time to be named in such summons; and such Justices shall or may examine into the matter of such complaint (whether such master, mistress, or employer shall appear or not), and upon proof thereof upon oath made to their satisfaction (whether such master, mistress, or employer be present or not, if service of the summons be also upon oath proved) may order the payment of such wages as to the Justices shall then appear to be due or owing to any such person

as aforesaid ; and further, if the Justices shall so think fit, it shall be

lawful for them to order and award such amends to be made to any such person as aforesaid as they shall think fair and reasonable ; and such order for the payment of wages and such award for amends shall be carried into effect by distress and sale of the goods and effects of The sum awarded not to	exceed six months	wages
such master, mistress, or employer as aforesaid—Provided that in no	of such lured servant
case such amends shall exceed the amount of six months wages of such artifiicer, manufacturer, journeyman, workman, laborer, menial, house, or other servant as last aforesaid.

IV.     AND be it enacted, that it shall and may be lawful for any Complaints of artificers,

one Justice of the Peace, upon complaint or application upon oath lbayblorerso,r arc., employed

b piece work, a-

of any artificer, splitter, fencer, well-sinker, or person engaged in the fining employers.

mowing, reaping or getting in, of hay, corn, shepherd, or other labo- rer, hired or employed for the performance of any work in a certain time or at a certain price, against any master, mistress, or employer; touching or concerning any mis-usage, refusal of necessary provision, non-payment of wages, cruelty, or other ill-treatment whatsoever, of or towards, any such person, to summon any such master, mistress,

or employer, to appear before any two or more Justices at a reason-

able time, to be named in such summons; and such Justices shall or

6th Viet. No. 5. 1842

may examine into the matter of such complaint (whether such master, mistress, or employer shall appear or not), and upon proof thereof upon oath made to their satisfaction (whether such master, mistress, or employer be present or not, if service of the summons be also hp- on oath proved) may order the payment of such wages as to the Justices shall then appear to be due or owing to any such person ; and further, if the Justices shall so think fit, it shall be lawful for them to order and award such amends to be made to any such person as they shall think fair and reasonable, and order such for the payment of

wages, and such award for amends, shall be carried into effect by

distress and sale of the goods and effects of such master, mistress; or employer as aforesaid—Provided that in no case such amends shall exceed the amount of one moiety of the wages or earnings of such artificer, splitter, fencer, well-sinker, person engaged in the mowing, reaping, or getting in of hay, or corn, shepherd, or other laborer, as aforesaid.

Penalty for knowingly V. AND be it enacted, that any person who shall knowingly

employing, receiving, orentertaining hired or employ, receive, or entertain any such artificer, manufacturer, jour-

Tants, not exceeding E50. neyman, workman, or other servant employed in any manner howso- ever, either as a menial or house servant, or any splitter, fencer, well- sinker, person engaged in mowing, reaping, or getting in of hay or corn, shepherd, or other laborer, already employed, engaged, or retained by any other person or persons in any manner howsoeveras aforesaid, during the time for which he or she shall be so employed or retained by any other person or persons as aforesaid, without leave of such other person or persons as last aforesaid, shall forfeit and pay a sum not exceeding Fifty Pounds, to be appropriated to the use of Her Majesty, Her Heirs and Successors.

Jurisdiction	by two Jos-	VI. AND be it enacted, that all informations and proceedings in respect of any such offences as last aforesaid shall and may be heard and determined in a summary mariner by any two or more Justices of the Peace, who shall have power to commit the offender to gaol, there to be kept to hard labor, for any period not exceeding three calendar months, in case the fine and costs adjudged by them be not paid within four days next after conviction.
tices.

Appeal to Quarter Sessi- VII. PROVIDED always, and be it enacted, that if any person

oris. shall think himself aggrieved by any determination, order, or warrant,

of any Justice of the Peace as aforesaid (except an order of commit- ment) such person shall have liberty to appeal therefrom to the next

1842.                   6th Viet, No. 5.

Court of Quarter Sessions; which Court shall hear and determine the matters of such appeal; and shall make such order therein in affirmance • or reversal of the conviction appealed from, with or without costs, to either party as to the said Court shall seem meet, and shall enforce such order as they make by distress and -sale of the goods and chattels of any person neglecting or refusing to obey such order—Provided "always, that the person so appealing shall give notice thereof to the Convicting Justices within three days next after conviction, and shall deposit with them the sum of five pounds, or enter into a recognizance with two sureties for the purpose of ensuring payment of the costs of such appeal.

VIII.     AND be it enacted, that all Prosecutions in respect of offen- Limitationorprosecutions

ces against the provisions of this Act shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed.

IX.     AND be it enacted, that this Act may be amended or re- Act may be amended.

pealed by any Act to be passed during the present Session.

"JOHN HUTT,"

GOVERNOR.

Passed the Council

25th Aug., 1842. j

EDWARD C. SOUPER,

Acting Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Printer.