Summary Jurisdiction (Ireland) Act, 1851

Master and servant.

Justices may order payment of sums due:

For wages:

For the hire of horses, carts, &c.

For tuition:

(The demand not exceeding; 10l.)

Justices may award further sum to servants, &c. as compensation (not exceeding 40s.) for loss of time in recovering wages.

How servants, &c. shall recover their wages where business is intrusted to a steward, &c.

Punishment of servants, &c. for hiring under false discharges, &c.

16. The decision of certain disputes between employers and the persons employed by them shall be subject to the following provisions:

1. It shall be lawful for the justices to hear and determine any disputes concerning any sums which shall be due for wages by any master to his apprentice, or by any employer to any artificer, labourer, servant, or other person employed by him to do any species of work or labour whatsoever (whether he shall find materials for the performance of the same or not, and whether such wages shall be due in respect to any day’s work or to any labour done or performed by task, job, or contract); or which shall be due by any person for the hire of any horse, ass, mule, bullock, or other animal for draught, or of any cart, dray, car, plough, harrow, or vehicle drawn by any such animal for the purpose of any labouring work, (and not being for the carriage of any passenger or passengers,) or for the hire of any boat for the purpose of any labouring work, (and not being for the carriage of any passenger or passengers,) and whether such hire shall be by the day or by contract or otherwise; or which shall be due to any schoolmaster or teacher for the teaching of any child in any school or other place, and whether the engagement shall be for a payment by the day or for any other period, or in any other manner; (provided that the amount of the demand for such wages, hire, or tuition, in any of such cases, whether originally greater or not, shall not exceed ten pounds;) and to make such order as they shall see fit for payment of such sums as shall appear to be justly due to the complainant by his master or employer, or, in case of any sum claimed for the teaching of any child, by the parent or other person who shall have engaged the complainant to teach such child:

2. Whenever it shall appear to the satisfaction of the justices that any schoolmaster, teacher, servant, artificer, labourer, or other pei son so employed as aforesaid has been or is likely to be detained from his home or usual place of residence, or has suffered or is likely to suffer any additional loss by reason of the nonpayment of any sum which such justices shall so adjudge to be due to him, it shall be lawful for such justices to order that there shall be paid to him by such master or employer, not only the sum so due to him, but also such further sum as compensation, not exceeding the sum of forty shillings, for the time during which he shall have been so detained from his usual place of residence, or for the loss suffered or likely to be suffered, as such justices shall think to be reasonable, having regard to the length of such detention, the diligence or remissness of either party, the usual earnings of such schoolmaster, teacher, servant, artificer, labourer, or person, and the sum which within the time of such detention he did earn, or under all the circumstances of the case might have earned:

3. In every case where any such master or employer shall intrust his business to the management and superintendence of any steward, agent, bailiff, foreman, or manager it shall be lawful for the justices to summon such steward, agent, bailiff, foreman, or manager to appear at petty sessions, and to hear and determine the matter of the complaint in such and the like manner as complaints of the like nature against any master or employer, and to make an order for the payment by such steward, agent, bailiff, foreman, or manager, to the complainant, of such sum or compensation as shall be justly due to him; and in case of refusal or nonpayment of any such sum or compensation at such time as shall be directed by such justices, it shall be lawful for them to issue a warrant to levy the same by distress and sale of the goods of such master or employer:

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5. Any servant or other person who shall hire or engage with of any master or other person under any false or forged discharge or certificate of character, shall be liable to forfeit all the wages which shall be due to him by such master or person at the time of his conviction, and shall also be liable to a fine not exceeding five pounds, and in default of payment to be imprisoned for a term not exceeding three months.