Masters and Servants Act 1841 (SA)

No. 10.

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IN ACT for the summary determination of Disputes between

Masters and Servants.

C

4REAS it is expedient that all dis utes between masters

\vHC and servants should be settled with the P east expense and delap

nd that a11 contracts or agreements between master~3	and servants	*..
hould be duly fulfilled or enforced by law-

Be it therefore Enacted by His Excellency George Grey Esquire iovernor and Commander-in-Chief of Her Majesty's Province of outh Australia by and with the advice and consent of the Legis- kive Council thereof as foUows that is to say-

That a l l disputes differences and demands between masters and 2rvants arising out of their connexion as such sl~nll be cognizable

I.

1 R su~nrnnry mn~~ner b e f m nny Resident 1\Ingistrnte or two of !er Majjcsty's Justices of the Pence for the mid Yrovi~lee or for m y [strict of the snrlie wllo arc libreby nutltorizcd and empowered upon 3mplaint to tlmn iilnde to summon the parties to hear and examine

pan oath ancl to decide and determine all such dis utes and differ-

lees to lnake such orders consequent upon suc decisions and

?terminations adjudge sue11 satisfaction and give such costs and E .

magcs to the p:lrty nggieved as in their discretion shall seem

!asonable to issuec tlleir warrants to levy such costs and	.
'nlages by distress and sale of the goods and chattels of the party )mphined against &I shdl refuse to rna ke such satisfiction or pay

costs and dnmnges by them so adjudged and for want of a

!Ecient distress to commit such party to the common gaol or house

correction for my time not exceeding the space of three month *

' until satisfaction &all be m& by the party so offending bat not

L e g the said #pace.

A II. That

XI. That if any servant shall have ente

agreement written or verbal to serve any mas

less than one month and shall refuse or ne

under such contract or agreement or sh

from such service without leave or just cause she

ful for such master to bring such servan

&Iqzjstratc or two of Her Najesty's Justices of

said Province or for any district thereof and such servant sliall

may on conviction be adjudged to

to lli~n at the date of such conviction

due for three months as to the convictin reasonable and may further be committed to

exceeding sixty days : Provided tha

contrition and promise to duly fulfil hin enggement th

it shall appear to such Magistrate or Justice that the

complaint had arisen from misunderstanding it shall b

such Magistrate or Justices to adjudge such B

not exceeding one month's wages payable to his mid m

the wages due or to become due to such ~ervant and to liberate

servant on his engagement to return to his service and duly

his agreement: Provided always that in case such servant

again fail to fulfil his agreement it shall be lawful for

renew his mid complaint and for the said Bfagistrate

proceed therein as in the case of the original complaint.

111. That on the complailit of m y servant of the non-fulfilment

ill-usawe and such Resident Magistrate or Justice as aforesaid 1s

of ally such contract or agreement or of any on th

of the master it shall be lawful for any Resident %agistmte

empowered to award to such servant such damages or am

he may consider just not exceeding in amount three months' W

and to impose on the said master such ndditiond fine or pena

as to the said 1\Iagistrate may seem just under the circums~mces

the cnse not exceeding Tventy Pounds sterling which damages

amends and additional fine or pendty together with such cm

the Justice or Justices shnU nwnrd shall be recovembIe m

by distress and sale of the goods of the mid mnster and for the leyl

of which distress the said Justice or Justices shall issue his or their

warrant and the 6ne or penalty so levied s h d be paid to rbc

Colonial Treasurer for the wenern1 purposes of the Province support of the Government &ere&

IV. That if any party sliall feel aggrieved by the decision of

Ma 'stmte or Justice as aforesaid he may appeal from such deci

to t ie General or Quarter Se8sions next eestung: Y Provided a1

that no such appeal shall be illowedunlessthe

intimate his intention to the Clerk of the

the mid Province or of the district in which the j renounced wilin f8"Pf(Ben days rfter mch j

V. That no contract orngreement between amaster and servant shall

f

be held to be valid and biding beyond twelve months from the date

,-,f the commencerncnt thereof unless tlie same has been regularly

committed to writing nod it shall not be incumbent on any person

master or servant to prove the due execution of any such written

or ~greement in any question between them under this Act

the defendant shall aver that the mark or signature thereto

get bearing to be his mark or signature ie not of his handwriting or

to prove that hc was fraudulently induced to s i p the

same or adhibit his mark thereto.

VI. That throughout this Act unless when otherwise required b

agricdt~rd and other lnborers and workmen shepherds artizane	the context the word " servant" shall extend to and include id
domestic and other servants and all words in the singular number shall extend to the plural' and every word importing the rnssculine pnder only a h d extend also to the feminlue.

GEORGE GREY,

Governor of South Australia.

h s e d in the Legislative Council this w e e n t h

dqy of November, One Thozcsand Eiglt

Hundred and *Pwtymc.

A. M. MUNDY,

i Clerk of C O U ~ C ~ ~. -

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