Masters and Servants Act 1878 (SA)

ANNO QUADRAGESIMO P R I M 0 ET QUADRAGESZMO

SECUNDO

VICTORI& REGINE.

A.D. 1878.

No. 112.

Masters and 8ervant.s Act.

ANALY S1 S.

1. Short title of Act. 1G. Act t o apply to scrvants engaged in other

2. Repeal of Mastem and Servants Act. countries for servioe in South Australia.

3. Interpretation c h s e. 17. Emigratiou Agent, in London, to be agent

4. Complaint to be made before a justice, and under clmse 16.

upon complaint being made summons to 18. Servants to be free from cnntracts on tho

be issued. expiration of one Fear by repaping their

5. On neglect or refusal to obey summons ma.ntcrs money spent for conveying them

warrant to isme. to the colony.

6. I n case of intention to abscond, security to 19, Pal-tes to the contract of service to be

be found for appearance. competent witnesses.

7. Compens:~tion to be awarded under order 20. Wagm not to be payable during imprison-

of two justices for breach or nonpcr- ment.

forrnan~e of eontract of service, or other 21. Yroviho as to insolvents.

order may he made: Power to annul 22. Nothing to prevent proceedings by civil

contrpt and to order repayment of action or suit.

of conviction.

prcrmum: Power to fine in addition. 23. Justices not to have jurisdiction over their

S. Enforcement of recognizance or bond for own servants.

fulfilment of contract. 24. Not necessary to prove execution o i agree-

9. Recovery of money by distress and im- ments except in case of forgcry, &c.

prisonment in default. 25. fi~ving for indictments, &c.

10. Imprisonment to be a discharge of com- 26. Whalers and wamen, 17 & 18 Vic., c. 104,

penuation and wages exem, t from ordcr,	h o 7, 1844; 5 & 6 Wm. IV., c. 19;
distraint, or arrestment.	17 & 18 WC., c. 104, and this Act not

I X. Application of fines and moneys rwovered. to affect No. 8 of 1848.

12. Punishment for aggravated misconduct 27. No objection to be taken for defect in

13. Penalty for harboring servants already en- forms.

gaged. 28. Summary procedure.

14. Partners, agents, and aervants to be con- 29. Appeal.

sidered principals. 30. Certiorari taken away.

16. As to married womon and infants.

SCHEDULE OF FORMS.

A. Information and complaint. D. Statement of complaint for nonperformance

B. Statement of the matters or grounds of of condition of recognizance given aa

complaint for insertion in the ordinary security for fulfilment of contract.

general forms in use by justices. E. Forms of adjudication in aggravated cases

C. Forms of adjudication upon complaints for for insertion in the ordinary general

insertion in the ordinary general forms forms of conviction.

2 41' & 42') VIC'TORIA3, No. 112. - -A-

p-

iiasters nnd 8e twnts Act,-l 878,

An Act to amend the Laws relatimg to Masters and Servants.

[Assented to, 30th November, 1878.1

HEREAS it is expedient to amend the Laws relating to Masters

W and Servants-Be it therefore Enacted by the Governor of	the Province of South Australia, with the advice and consent of the
Legislative Council and House of Assembly of' the said province, in this present Parliament assembled, as follows:

Short title of Act. 1. This Act may be cited for all purposes as ' T h e Masters and

Servants Act, 1878. "

Repeal of Masters

and Servants Act,	2. An Ordinance No. 7 of 1863, entitled "The Masters and Servants Act, 1863," and	'l'he Masters and Servants Amend-
1863 and 1877,

mving proceed*gs ment Act, 1877," are hereby repealed except as to anything law-

pending thereunder. fully done thereunder; and this %Act shall apply to all contracts,

services, and employments ma.de and entered into bcfore the passing of this Act, in respect of which no proceedings have before the passing of this Act been taken or instituted under the said repealed Act, and all proceedings under such repealed Act which may be pending at the time of the passing of this Act shall be continued, prosecuted, and completed as if this Act had not been passed.

Interpretation claw. 3. In this Act the following words and expressiow shall have the several meanings assigned to c,'hern, unless there be anything in the subject or context repngnant to such construction-

Thc words '"n~ployer" ancl '' master" shall respectively include

any persoil, firm, corporation, or company, who has or have entered into a contract to employ any servant, workman, clerk, artificer, laborcr, apprentice, or other person, and the steward, agent, bailiff, or manager of such person, firm, cor- poration, or company :

The words G employed " and G servant" shall respectively include person, whether under or above the age of twenty-one years, or whether a married woman or not who has entered into a contract of service with any employer or master, either at salary or wages, or for m y rernuneratiot~, whct,her in money or otherwise, or to perform works at a certain price by the piece or in gross: any workman, laborer, 'clerk, artificer, apprentice, or other

The word or words '' contract " or contract of service" shall

include any contract between employer and employed, whether in writing or by parol, whereby the employer agrees to employ or the employed agrees to serve for any period of time or execute any work, and any indenture of or agree- ment for apprenticeship, whether such contract or indenture shall have been made or entered into before or after the passing of this Act, but subject to the provisious of the 2nd

section

41" & 4.2" VLCTORIB, No. 112.

Masters and Servants Act.--1878.

section hereof as to proceedings pending at the passing of this Act on contracts or indentures executed or made before the passing of this Act:

The word " parties " shall include the employer and employed

under any contract:

The word G writing " shall include printing:

The word '' property " shall include all real and personal estate and effects used or employed under or affected by any con- tract of service or operations under the same, or any other real and personal estate belonging either to employer or employed.

4. W henever the employer or employed shall neglect or refuse to Complaint to be ma;e

fulfil any contract, or the employed shall neglect or refuse to enter before a justice.

or commence his service according to the contract, or shall absent himself from his service, or wherever any dispute, question, or difference, shall arise as to the rights or lia-bilities of either of the parties, or touching any misusage, misdemcanor, misconduct, ill- treatment, or injury to the person or property of either of the parties under any contract, or touching the loss or destruction of such pro- perty, the party feeling aggrieved may lay an information or com- plaint in writing bcforc a justice, setting forth the grounds of complaint and the amount of money, wages, compensation, damage, or other remedy claimed for the breach on. nonperformance of such contract, or for any misusage, misdemeanor, misconduct, ill-treatment, or injury to the person or property of the person complaining, or for the loss or destruction of such property, and upon such information Upon somplsint made

or complaint bcing laid the justice taking the same shall issue or summons to be isnut d.

cause to be issued a summons to the party so complained against, setting forth the grounds of complaint and the amount claimed for compensation, wages, damages, or other remedy set forth in the said information or complaint, and requiring such party to appear at the

time and place appointed in such summons before two justices to	answer the matter of the information or complaint, so that the same
may be then and there heard and determined.

5. Whenever the party complained against shall neglect or refuse On neglect or refusal

to appear to any summons as aforesaid a justice may, after due proof to	warrant	obey summons	to inue.
on oath of the service of such summons, issue a warrant for the ap- prehension of such party in order to the hearing and determining of the matter of the information or complaint.

6. If at anv time after the lavine: of the information or complaint In case of intention 0 U

it appears to justice that the party complained against is about to g;;;;!;;;;:,,,

abscond, the jkstice may issue a summons requiring the party m.0.

complained against to appear before a justice at a time and place

therein appointed (such time being not later than twenty-four houre,

exclusive of Sunday, from the date of the last-mentioned summons),

and to find good and sufficient recognizance or bond, with or witho&

sureties,

4 &lQ &C 42' VICTORIB, No. 112.

Masters and Servants Act.-1878.

sureties, to the satisfaction of a justice for his appeaxance to answer the information or complaint; and if the party complained against

I	fails to appear at the time and place so appointed, a justice may issue a warrant for his apprehension, and if such party on appearing
on the last-mentioned summons, or on being so apprehended, fails so to find security, a justice may order him to be detained in safe custody until the hearing of the information or complaint, but on his so finding security he shall be set at liberty.

Cornpeneation to be 7. Upon the hearing of any information or complaint under the

awarded under order	provisions of this Act, the two justices hearing the same, after dye
of two justices for	bmach or non-psr-
formance of contract	examination and upon the proof and establishment of the matter of

service, or other such information or complaint, by an order in writing under their

o*-.J bemade. respective hands, in their discretion, as the justice of the case

requires, either shall make an abatement of the whole or any part of the wages or other remuneration then already due to the employed, or else shall direct the fulfilment of the contract, with a direction to the party complained against to find forthwith good and sufficient security by recognizance or bond, with or without sureties, to the satisfaction of a justice, for the fulfilment of such contract, or else shall annul the contract, discharging the parties from the same, and apportioning the amount of wages or remuneration due up to the complete period of such contract; or else where no amount of com- pensation or damage can be assessed, or where pecuniary compen- sation will not, in the opinion of the jnstices, meet the circumstances of the case, shall impose a fins: upon the party complained against, not exceeding in amount the sum of Twenty Pound9; or shall assess

and determine the amount of compensation or damage, together with

the costs to be made to the party complaining, inclusivc of the amount of any wages abated, and direct the same to be paid accordingly. And if the order shall direct the fulfilment of the contract, and direct the party complained against to find good and sufficient security as aforesaid, and the party complained against neglect or refuse to comply with such order, a justice may, if he shall think fit, by warrant under his hand, commit such party to any gaol within

find security; but, nevertheless, so that the term of imprisonment,	the said province, there to be confined and kept until he shall so
whether under one or several successive committals, shall not exceed in the whole three months: Provided always that the two justices may, if they think fit, assess and determine the amount of cornyen- sation or damage to be paid to the party complaining, and direct the same to be paid, whether the contract is ordered by them to bc annulled or not, or in addition to the annulling of the contract of rrervice and discharge of the parties from the same may, if they think fit, impose the fine as hereinbefore authorised: Provided always that no indenturr! or contract shall be annulled against the consent of the party in whose favor the justices shall decide in any pro- ceedings taken by any party under this Act, and that no apprentice- ship, indenture, or contract shall be annulled, except upon proof of illtreatment of the apprentice by the master, or incompetencyOon
the part of the master to teach such appentice, or wilful neglect so

to

41' & 42" VICTORIB, No, 112.

Masters and 8ervants Act.-187 8.

Imperial Act-'"m-

to teach such apprentice, or incorrigible misconduct on the part of	ployera and Work-
the apprentice: Provided also that the justices, if they rescind	man's Act of 1876,
or annul any contract or indenture of apprenticeship may, if they	part of sec. 6."
think fit, order the whole or any part of the premium paid on the binding of the apprcntice to be repaid to the person or persons paying the same: Provided also that nothing herein contained shall authorise the justices to adjudicate where the amount claimed exceeds Fifty Pounds, or to make an order for the yrtyment of any sum exceeding Fifty Pounds (exclusive of the costs incurred in the case), or to require security to an amount exceeding Fifty Pounds from any defendant or his surety or sureties.
Enforoement of re-
8. When it is alleged by any party to a contract that the con- dition of a recognizance or bond entered into or given for the fulfil-	cognizance or bond
for fulfilment of
ment of the contract under the provisions of this- Act has not been	contract.
performed, two justices being satisfied thereof after hearing the parties and the sureties (if any), or in the absence of any party or surety not appearing after summons in that behalf, may order that the recognizance or bond be enforced for the whole or part of the sum thereby secured, as to the justices seem fit, and the sum for which the same is so ordered to be enforccd shall be recoverable accordingly in a summary manner.

9. Whcre on the hearing of anv information or complaint under " I

this Act an order is made for the payment of money, and the same prisonmentindefault.	by distress and i&
is not aid as directed. the same shall be recovered bv distress of the goods k d chattels of the party failing to pay, and inddefault thereof by imprisonment of such party, but no such imprisonment shall be for more than three months or with hard labor.

10. From and after the expiration of the term of any such im- Imprisonment to be in

prisonment as aforesaid, the amount of fine, compensation, or ,tion. discharge of compen-

damages, together with the costs so assessed and directed to be paid by any such order as aforesaid, shall be deemed and considered as liquidated and discharged, and such order shall be annulled accord-	ingly, and the said parties exonerated from their respective obliga-	tions under the same: Provided always that no wages or any Wages exempt from
portion thereof which may be accruing due to the employed under ~, " ~ t m ~ t ~ Or
any contract after the date of such order shall be assessed to the amount of compensation or damage and costs directed to be paid by
him under any such order or warrant of distress, or be seizable or
arrestable under the same.

11. When justices impose any fine, or enforce any sum secured Ap~ication of fine'

by a recognizance or bond under this Act, they may, if they think	and moneys re-
fit, direct that a part not exceeding one-half of such fine or sum, when recovered, be employed to compensate an employer or em-
ployed for any mong or damage sustained by him by reason of the
Act or thing in respect of which the fine was imposed, or by reason
of the non-fulfilment of the contract,

6 41" & 42" V1 CTORIB, No. l1 2.

Masters and Seruants Act.-1 87 8.

Disho"od cheques. 12. When any wages or money due for work shall be paid to any employed, by any cheque, draft, order, or note in writing upon any bank or any person, apd shall Le dishonored, no employed shall thereby be deprived of any remedy given to him by this Act for the recovery of his wages, but every such person shall be entitled to recover such reasonable damages as he may have sustained in conse- quence of the dishonor of such cheque, draft, order, or note, ancl such damages shall be recoverable as wages.

penalty for harboring	13. If	any person shall knowingly and unlawfully employ, retain,
servants already

engaged.	or harbor any servant already employed, or under contract to serve any other person, before the determination of such contract, every person so offending shall, on conviction before the justices, for every
such offence forfeit a d pay a sum not exceeding Twenty Pounds.

Partners, agents, and	14. When any contract shall have been made by, or any work
servants to be

considered principals. or busincss shall be entrusted to the management or superintendence of the agent, overseer, or manager of any master, ancl also where - - - -.

two or more persons shall carry on business as partners, in every such case respectively the like proceedings shall be had by or against such agent, overseer, manager, or any one or more of such parties, and shall be as effectual for all the prposes of this Act as if the same had been had by or against the principals or all the parties:

Amount paid by

agent, &c,, to be	Provided that when any such proceeding shall. be had a ~ i n s t an
mmverodbyhim	agent, overseer, or manager in respect of any cause of complaint,
from master.	not being for the personal misconduct of such agent, overspc, or manager, all sums of money pajd or satisfied by such agent, oversee?, or manager by virtue of any ode r of the justices made in pursuame l~creof, shall be recoverable by him against the master from whom the same is adjudged to be due, or shall bc allowed to him out of any money at the time of payment or afterwards in his hands be- longing to such master.
AS to married women	15. When any marricd woman or infant under the age of twenty- one years shall have causc of cornplaint in any of the cases provided for by this Act, such complaint may be lodged, and all further pro-
and infants.
ceedings thereupon had by and in the name of such married woman
-	or infant, or of the sureties of the infant, in any indenture of ap-
prenticeship, or of any person nominated by such infant; and a11
such procceding~ shall be as effectual, valid, and binding a8 if such
married woman were sole or such infant were of full age,

16. The provisions of this Act shall apply to all contracts by

~ c t to apply to

persons engaged in indenture or other written agreement made by persons in the

other c~ntr i e s for

BWY;CQ in south	United Kingdom or any part of the dependencies thereof, and in
Australia.	foreign countries with persons about to proceed to or actually resi- dent in the said province, or with the agents of such pereons for service in the said province.

Agent in	17. The Emigration A gent in London for South Australia may
be agent

under olauae IS.

enter into any agreement for hiring on behalf of any person who

shall

41" & 4 2 O VICTOKIX, No. 112,

Masters and Serum ts A c t. 1 8 7 8.

South Australian

shall have defrayed in whole or in part the costs of the passage of	Masters and Servants
any emigrant to the said province with the pcrson whose passage	Act, 1863, sec. 12.
shall have been so defrayed.
18. In the case of any contract made out of the said province, it shall be lawful for the justices, after the expiration of one year from	from contracts on the Servante to be free
expiration of one year
the commencement of service under such contract within the said	by repaying their
ma~ters' money spent '
province, to put an end to such contract at the instance of the	for conveying them
pcrson contracting to serve under the same upon payment by such	to the Colony.
szrvant or his master of such sum of money not exceeding in any case the amount of any moncys paid or advanced on account of the conveyance to the said province, and outfit of such servant, his wife, and family (if any), as in the opinion of such justices shall be a reasonable compensation to the master for any loss he may sustain by reason of the putting an end to such contract, and such matter shall be heard and determined by such justices in a surnrnary manner.
19. Upon the hearing and determining of any information or com- plaint between employer and employed, and on any appeal under the	of service to be com-

Parties to the contract

pctcnt witnesses.

provisions of this Act, the respective parties to the contract, their husbands or wives, shall be deemed and considered as cornpetent witnesses for all the purposes of this Act.

20. No wages shall become payable t,o or recoverable by any Wages not l o b e payable during im-

party for or during the time of his imprisonment under any warrant pnsonn;ent.

of committal undcr this Act.

21. No levy shdl be made for any wagm due by an employer who rroviso as to insol- VCllt S,

has been adjudged insolvent subsequent to such wages becoming due, and any employer imprisoned for non-payment of wages, and after- wards becoming insolvent, shall be di~cha~rged out of custody so far as respects the non-payrncnt of such wages so soon as hc shall have been duly adjudged insolvent, and shall have obtained the protcction

of the Court of Insolvency.

22. Nothing in this Act shall prevent employer or employed from Nothing to prevcnt

enforcing their respective civil rights and remedies for any breach or ~~~~~~~,~~ tuted under this Act.

non-performance of the contract by any action or suit in thc ordinary

2 3. Nothing in this h c t contained shall authorise any justice to $?$?tgtt;2~eir

exercise any jurisdiction in the case of any servant who shall be in

Fewant..

the service of such justice, or in any case in which such justice may

be directly interested.

to

24. In any proceedings under this Act it shall not be necessary to Not prove execution of

prove due execution of any agreement unless the party against agreements except, i n

whom such agreement is produccd shall dispute the execution	Of	&c.
thereof on the ground of forgery, fraud, incapacity, or other like cause

8	----+L	41" & 420 VICTORTB, No. 112.
Musters and Servants Act.--1878.

cause, and the onus of proving such forgery, fraud, or other like

cause shall lie on the party alleging the same.

Saving for2ndict-

meats, &c. 25. Nothing in this Act shall interfere with the usual and accustomed mode of procedure in any Court of Criminal Jurisdiction for the trial of indictable offences relating to wilful and malicious injuries to persons or property committed by masters, workmen, servants, or others either at common law or under the several Statutes made and now in force for the punishment of such offences, but so that no person shall be twice prosecuted or sued for the same offence or cause.

m e l e ~ a n a s ~. m m, 26. Whenever in an Ordinance passed on the 28th day of

l7 l8 Vic.s February, 1844, To regulate the Whale Fishery Service in South

No. 7, 184&

Australia," reference is made to an Ordinance made and passed on the 15th day of November, 1841, intituled An Act for the summary determination of disputes between Masters and Servants," and to an Act of the Session of Parliament of the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled An Act to amend and consolidate the laws relating to the Merchant Seamen of the United Kingdom, and for forming and maintaining a register of all the men engaged in that service," which said Ordinance and Act of Parlictment have been heretofore repealed, the same shall be held to mean and apply to this Act and to an Act passed in the Session of Parliament of the seventeenth and eighteenth year of the reign of Her present Majesty intituled An Act to amend and consolidate the laws relating to Merchant Shipping" respectively; and nothing herein contained shall be construed, to alter the provisions of bbThe Destitute Persons Relief and Industrial and Reformatory Schools Act, 1872,"

NO objection to be 27. The several forms to the Schedule to this Act contained, or forms to the like effect, shall be deemed valid and sufficient in law, and no objection shall be taken or allowed for any alleged defect

taken	for defbct in
iann~.

therein either in substance or in form.

8ummw procedure.	28. All proceedings under this Act, before Justices shall be con- ducted as appointed by, and shall be regulated under, the Ordinance No. 6 of 1850, intituled " An Ordinance to facilitate the performance of the duties of justices of the peace out of sessions, with respect to summary convictions and orders," except so far as the same shall be altered by this Act,
29. There shall be an appeal from any order, or conviction of any justice under this Act, or any order of justices dismissing any in- formation under this Act, which appeal shall be to the Adelaide Local Court of Full Jurigdiction only; and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No 6 of 1850, for appeals to Local Courts, but the Local Court of Adelaide aforesaid may make such order, as to the payment of costs of appeal, as they c1hall think fit, although such costs may exceed Ten
Pounds, 30, No

41" & 42" VICTORIA$ No. 112.

Mastws and Servants Act.-1878.

30. No conviction, award, or order, under this Act, nor any ad- No certiorari.

judication made on appeal therefrom, shall be quashed for want of power or removal by writ of certiorari or otherwise into the Supreme Court of the said province, and no warrant of commitment shall be held void by reason of any defect therein, provided it be

therein alleged that the party has been convicted, and that there be

a good and valid conviction to sustain the same.

In the name and on behalf of Her Majesty, X hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

41" & 42" VICTORIB, KO. 112.

Masters un~? &rvunts Act.-1 878.

SCHEDULES.

FORMS.

A

liformaiion and Complaint.

The information and com2laint of A.B. [descriheplace of aBode

\	and t ~ a d e ] this day made before me j or us, one or more
)	justices] in and for the province, against C.D. of [dewribs

place of abode and trade], for that Lhere state the watter of the complaint und the

amount claimed for damages o r other remedy, as in m e oftheforms of statements of

-. .

grounds v complaint below].

Signed A.B.

Taken before me, the day of

J.P.

Statement of the matters or grounds of cornplaid for insertion i ? ~ the Ordinary

Ge~beral Forms in use by just ices.

fa). ATeglecting to FulJil Contract.-.That A.B., of (hereafter

called tk.e said employed), being the strvant [or workman, or artificer, or laborer, or apprentice] of the said C.D., of, (hercalter called the said employer),

in his trade or business of a , under a certain contract [or apprencice-

ship] for a period now unexjwed [or to execute certain works, namely- ]* did on the day of 9

at, in the said province, unlawfuliy neglect [or refuse1 and has ever since neglected [or refused] to fulfil the said contract [or to enter into or com- mence his aervlce according to the said contract or apprenticeship, or hae absented himl~elf from the service of the said employer without just cause or lawful excuse]. Conclude as in staiement f e j below.

fbj. Disputes as to Rights.-Proceed to the ~ l s t e r i ~ k (*) in (a), and then :-and

that a certain question, difference, and dispute has arisen between them as to the right [or liability] of the said enrploged [or emplojer] under the said contract, namely, Ptating it], which the said employed [or employer] claims should, &C., [as

the fact U]. Conclusion as fe) below.

(c). Disputes as to .iisusoge, Misdcmeanor, Misconduct, o r Ill-treatment of either '

Pa?ty.-Proceed to the asterisk in fa), and then :-and that a certain question, di - ference, and dispute ha* arisen between them touching crrtain ill-usage which the cnaid emplojed [or employer_) committed [or inflicted1 upon the said employer [or employed$ or touching a certain misdemeanor which the paid employer committed

[or touching certain misconduct which the said employed was quilty of] :or touching

certain ill+treatment which the said emploged or employer inflicted upon the $aid

employer or emplojedl, on the day of , 18 , at

, in the aid province, namely, that the said [setting it out shortly].

[Conclusion as {L) belo w l.

{dj. Diqmte as to Injury to Person or Property of either Party.-Proceed to the

rsterisk in (a), and then :--and that a certain queetion, difference, and dispute has arieen

Musters and Servants Act.-1 878.

arisen between them touching

inflicted to the person of the aaid

property of the said employer or day of t

18, at the as in (6) below].

(e). Conclusion to either o f the said eom-

plainant, tbe employer [or emplojed] further says that the amount of compensation [or damage] which he claims for the said breach and non-performance of the said contract [or for the said misunage, misdemeanor, m~sconduct, ill-treatment, or injury, aa the case may be] is £, and he prays that the said employed [or

employer] may be summoned and adjudicated upon under section No,	of the
Masters and Servants Act, 1878.

Form of Adjzcdicatim up012 cemplaints,for insertion it& the Ordinary General f i r m s

of Conviction.

To adjudge and order in pursuance of the Masters and Servanta Act, 18'18, that :-

(a.) Adatemetbt of Wages.-The sum o f f: being the whole [or a part] of

the wages now due to the aaid employed shall be abated therefrom.	[Costs as P
below].

/ b. / Order for Fu&Zntent of Contract.-The said employer [or employed'j ehall

fulfil the said contract forthwith [and if so, that the said employed or employer shall forthwith find good and sufficient security by recognizance himeelf in the sum of

, and two sureties in the sum of £ eacb, or one surety in the sum

of f: for the due fulfilment of the said contract]. rCofits as F below.

(C.) When Contract Annulled, Ways apportioned and -Fine Jrn.o-posed.-dhe said contract shall be annulled, and the said parties thereto be forthwith discharged from the same, and we do apportion the wages of tcr be due to the sdid employed to the completed period of the said contract; and we !do order that the sum of S

[the whole or any part of the premium paid on an indenture of apprenticeship] be

party who has paid ~ u c h premium]. rCosts as F below].

Fine Imposed instead of Compensatios.-That the said employer [or

the sum of . [Costs as F below].

&C., Assessed.-Do apsess, determine, and direct that

the #urn of ~ha.11 be paid bp the said employed [or employer] to the said

emplo) er [or employed] as and for compensation [or damages] to him for the breach and non-performance of the said contract [or as the case may be]. [Costs as F

be10 W].

f f i ) Costs in all Cases.-And that the said employed [or employer] ahall pay to

the said employer [or employed] the m m of f:	for his costs incurred in this
behalf,

(a.) Statement of Complaint for Non-performance of Conditions of Recognizance

given as Securityfor Fu@lment of Contract.-Proceed as in form (a) and to the asterik

* in the statement (a) and then, and the said employer or employed] having neglected

and refused to fulfil the said contract was duly summoned before

[describe the justice] on the day of

and by him was in pursuance of section of the Masterb and Servants Act, 1878, ordered and directed to find security for the fulfilment of the said contract, and

in obedience thereto the said employer [or employed] duly entered into his own re-

cognizance~ in the Bum of £ and E. F. and F. Cl., as his sureties, entered into a recngnizsnce in the s u n of each conditioned that the said employer [or employed) should forthwith fulfil the aaid contract; but the said employed [or emploper] hrre ngt performed the said condition or in m y way fulfilled the said cont rm, (b.) A+udication

12 41' & 420 VICTORIA$ No. 112.

Masters and 8emants A c t. 1 8 7 8.

(6. ) A&*dication upon the Last Complcsintfor Inemtion in the usual General Form or Drder.-After vestlng in the paet tense the etatement of complaint (a) do adjudge

and order in pursuance of section of the aaid Act that the mid recognizance be estreated, and that the said employed [or employer) shall forthwith pay the sum of ;E and that the said E. F. and F. G., the sum of each, and further

each of them the sum of ;E for the co8ts of the eaid employer [or employedJ

in thia behalf, such eume to be respectively applied according to law.

* - Adelaide : By authority, E. BPIWB, Acting