Reports of Cases Before the High Court and Circuit Courts of Justiciary in Scotland; From June 1852 to December [1867] ...

Reports of Cases Before the High Court and Circuit Courts of Justiciary in Scotland; From June 1852 to December [1867] ...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...of ascertaining the amount of wages was subsequently adopted. Cases involving the personal safety of the workmen rest on a totally different footing. LORD HANDYsIDE.--The question comes to be, whether there is really a change in the contract. If there is a radical change, I am not prepared to say that the master is entitled to this summary remedy; but if the contract is truly the same, with some difference merely as to the mode of ascertaining the amount due, it does not appear to me that a workman is justified in seeking to obtain redress by the strong step of desertion. The Loan J USTICE-CLERK.--I concur. I lay aside all questions relating to the personal safety of the workmen, where they do not desert the service, but allege danger to life. Neither shall I give any opinion as to the case where the master all at once gives intimation that only ten shillings, instead, for example, of sixteen, are to be paid in future. In the present instance, if the workman thought himself aggrieved, he might have brought an action before the Justices, to recover the additional fortnight's wages ascertained by the old method. On the grounds stated by Lord Ilandysidc, to allow desertion of service on such a plea, would lead to most hazardous results. The COURT refused the bill, with expenses. S'SI'BNSION--STA'l'UTE 4'rn Geo. IV. c. 84--MAs'r1m AND SERVANT--DECLARATION---PROCEDURE.--l. A workman was charged under the Statute 4th Geo. IV. 0. 34, with misconduct in the execution of his service. Having been apprehended, he was brought before a Magistrate, and a declaration was taken at some length. The Magistrate, without farther enquiry, convicted the workman.--Held by the Court of J usticiary, that the declaration of the party more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236876407
  • 9781236876409