ACT OF SEDERUNT IN RELATION TO "THE EMPLOYERS AND WORKMEN ACT, 1875."

THE Lords of Council and Session, in pursuance of the powers vested in them by "The Employers and Workmen Act, 1875" (38 and 39 Vict. c. 90), Enact and Declare:

1. That in proceedings under the Act before the Small Debt Court of the Sheriff, the forms set forth in the Schedule hereto annexed, or forms as near thereto as circumstances permit, shall be used; and all citations, and executions of citation of parties or witnesses, shall be in the form, or as nearly as may be, of those in Schedule A of the Act 1 Vict. c. 41.

2. In so far as the forms in the Schedule annexed hereto shall be inapplicable to the circumstances, the forms contained in Schedule A of the said Act 1 Vict. c. 41, or as near thereto as circumstances will permit, shall be used.

3. All causes under the said "Employers and Workmen Act, 1875," and the proceedings therein, shall be entered in the Book mentioned in § 17 of the said Statute 1 Vict. c. 41, in the same way as in other cases under that Act, and the Decrees or Orders and Warrants shall be annexed to the Complaint or Summons, and signed by the Clerk.

4. No notice shall be required to be given by a defender of any set-off or counter claim that he may wish to advance at the hearing against the claim of the pursuer.

5. The expenses shall be at the same rates as in the Small Debt Court.

And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form. JOHN INGLIS, I.P.D.

SCHEDULE.

Summons or Complaint.

(Under "The Employers and Workmen Act, 1875.")

A. B., Sheriff of the shire of

› To

, Officers of Court, jointly and severally: Whereas it is humbly complained to me by C. D. (design him), pursuer, against E. F. (design him), [and G. H., where cautioner is to be called (design him)], defender; that on the

day of

18 the pursuer and the defender entered into a contract [or indenture, as the case may be] whereby [here state the nature of the contract or indenture, and the period of its endurance]; that the defender has neglected and refused to fulfil the same by [here state the breach of contract complained of]; therefore it ought to be decerned and ordained [here set forth the particular remedy desired]; [and add] or that the pursuer shall have such other

ACT OF SEDERUNT IN RELATION TO " EMPLOYERS," ETC., "ACT." 291

remedy competent under the said statute in respect of the defender's breach of contract as to the Court may seem just, with expenses. Herefore it is my will, that on sight hereof ye lawfully summon the said defender to compear before me or my substitute in the Court House at day

at

, upon the of of the clock, to answer at the pursuer's instance in the said matter, with certification in case of failure of being held as confessed; and that ye cite witnesses and havers for both parties to compear at the said place and date to give evidence. in the said matter [here insert warrant to arrest, if desired, in actions with a pecuniary conclusion]. Given under the hand of the Clerk of Court at day of

the

Signed by Sheriff-Clerk.

Decree in Absence.

Place and Date.

Decerns in absence against the defender, in terms of the special conclusion of the Summons above written, and for the sum of of expenses; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.

Signed by Sheriff-Clerk.

Order when Caution found.

Place and Date.

In respect the defender has broken the contract libelled, and that the Court would have awarded to the pursuer the sum of £ of damages, and that the defender has found caution in terms of "The Employers and Workmen Act, 1875," and that the pursuer consents, the Court accepts the same in place of the said damages [or the part thereof), and orders that the defender do perform so much of his contract as yet remains unperformed, and finds him liable [in the remaining sum of of damages and] in the sum of of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.

Signed by Sheriff-Clerk.

Bond or Enactment of Caution to be appended to the Complaint

the

and Order.
day of

18

At in fulfilment of the preceding order, Compeared G. H. (design him), who hereby judicially binds himself, his heirs, executors, and successors, as cautioners for the defender E. F., that the said defender will perform so much of the contract between the said E. F. and C. D. as yet remains to be performed; that is to say (state

what yet remains to be performed). And the said G. H. and the said E. F. bind and oblige themselves, conjunctly and severally, to pay to the said C. D. the sum of £ in case the said defender

fails to perform what he has hereby undertaken to perform. Signed by the Party, Cautioner, and Sheriff-Clerk.

Order on Apprentice.

Place and Date.

The Sheriff orders that the defender E. F. do forthwith perform the duties he has contracted to perform under his indenture to the pursuer, and finds him liable in of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.
Signed by Sheriff-Clerk.

Order rescinding Contract of Apprenticeship.

Place and Date.

The Sheriff adjudges and decerns that the indenture made between the pursuer and the defender E. F. be rescinded, and that the defender (or pursuer) do pay to

£

liable in

the sum of

being the whole (or a part) of the premium paid on the binding of the defender (or pursuer) as apprentice to the pursuer (or defender): Finds the of expenses, and decerns; and decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.

Signed by Sheriff-Clerk.

Warrant of Commitment of Apprentice.

Place and Date.

The Sheriff having resumed consideration of this case, and having considered the proof adduced, Finds that the defender has failed to comply with the order of the day of Therefore grants warrant to commit the defender to the prison of days (not exceeding fourteen), and grants warrant to officers of Court and the keeper of said prison accordingly.

for

Signed by Sheriff-Clerk.

Order accepting Caution for performance of Duties.

Place and Date.

In respect E. F., the defender, has failed to perform his duties under his indenture, and that the Sheriff would have committed him to prison for a period of (not exceeding fourteen) days, and in respect that G. H. is willing to become cautioner to the amount of £ for the said C. D. for the due performance by him of

his duties, the Sheriff directs such caution to be forthwith given instead of the said imprisonment: Finds the defender liable in

of expenses, and decerns; and decerns and ordains instant execution. by arrestment, and also execution to pass hereon by poinding and sale and imprisonment, if the same be competent, after

free days.

Signed by Sheriff-Clerk.

Bond or Enactment of Caution for an Apprentice, to be appended to the Complaint. day of

At

the

18 in fulfilment of the preceding interlocutor. Compeared G. H. (design him), who hereby judicially binds himself, his heirs, executors, and successors, as cautioners for the defender E. F. (design him), that the said E. F. will perform the whole duties that yet remain to be performed by him, under the indenture entered into between him and C. D., of date the that is to say (state what yet remains to be performed); and the said G. H. and the said E. F. bind and oblige themselves, conjunctly and severally, to pay to the said C. D. the sum of £

day of

in case the said defender fails to perform the duties yet to be performed by him under said indenture.

Signed by the Party, Cautioner, and Sheriff-Clerk.

LAW IN AMERICA, 1776-1876.

A RECENT number of the North American Review consists of a series of centennial articles describing the progress which the United States have made since the foundation of the Republic. One of these is a thoughtful and philosophical essay on the development of law in America.

"The general method of dealing with this subject might be twofold. On the one hand we might consider the advances which law in this country has made in comparison with English law, travelling along the same paths and in the same general directions. That is to say, taking those numerous branches of jurisprudence in which the American has adhered (in the main) to the principles derived from the English system, we might institute a comparison. between the advances made by the two. In considering the subject in this light we would look, not to those cases in which the American has departed from the English law, but rather to those in which travelling (so to speak) side by side the one has outstripped, or fallen behind, the other. The question, in such a method of investigation, would always be: In which country has the development been most healthful and proper? For example:

The idea of modifying the common-law rule by which the husband became the owner, or acquired the right of becoming the owner of the wife's personal property, and of securing the enjoyment and control of that property to the wife, is one which has existed for centuries in English jurisprudence. It took practical shape in the creation, by courts of equity, of what was known as the separate use of married women. But in America, before many years in the life of the Republic had passed by, this idea not only appeared in the English chancery dress, but became, also, the subject of statutory enactment, and hence the passage of the numerous Married Women's Acts' in nearly all the States of the Union. The fundamental principle already existed, and was being applied in both countries; but while the two systems of jurisprudence were advancing along the same highway and in the same general direction, the American was placed many steps in advance of the English system by the aid of positive legislation, and the gap, notwithstanding recent enactments in England, has not been quite closed up. Nevertheless, as has been said, the general direction of legal progress, upon this point, has been the same on both sides of the Atlantic. It was admitted, in both countries, to be desirable that, in some way and to some extent, the property of a married woman ought to be her own, and the only question was as to the best means of attaining this result. In England the indisposition to statutory reform in law forced the courts (or, at all events, one set of the courts, those, namely, of equity jurisdiction) to redress the grievance, as such it undoubtedly was. With us the tendency towards reformation by legislation led to the adoption of the other method of remedying the evil; and we shall see, further on, that this method of attaining the desired end was in accordance with the American tendency to a fondness for legislation which has developed itself, in such a striking manner, during the last fifty years. It cannot be asserted, however, that except in the method of carrying out the reform, there has been, in this instance, any development of a feature distinctively and characteristically American."

The first subject is the method of advance in the same direction. The second and more interesting is the departures from the English law. "There are," says the author, "three great causes which control and guide the character of national development,first, physical; second, political, historical, or social; and third, intellectual." "The development of the American law in respect to its departures from the law of the mother country, or in respect of its advances upon that law, must be sought for, first, in the physical features of the United States; secondly, in its political or social history; and lastly, in the intellectual life of the people." And first, of the physical features of the United States.

The differences between the physical or geographical peculiarities of England and of this country are numerous, varied, and