other than those which consist of an imperfect or careless execution of the work contracted for.

All these actions may be brought either in a superior or a county court, provided that the debt or damages claimed do not exceed £50, in which case the superior court (except with the consent of both parties) has alone jurisdiction. When the amount of the debt or damages likely to be recovered is small, it is expedient to sue in the county court, not merely because the remedy is more speedy and less costly, but because it is enacted by the 30 and 31 Vict., c. 142, s. 5, that if any action in any superior court the plaintiff shall recover a sum not exceeding £20 if the action is founded on contract, or £10 if founded on tort, he shall not be entitled to costs unless they are allowed by the judge who tries the cause, or by the court itself or by a judge sitting at chambers.

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We shall not here say anything about actions in the superior courts, because for their conduct professional assistance must in all cases be resorted to.

As, however, county-court actions are frequently, and may generally be, conducted with more or less success by the parties themselves, it may be convenient to state briefly the steps which must be taken to institute such a suit. The first thing to be done is to enter what is called a plaint. This must be done at the office of the court in the district of which the defendant, or one of the defendants, dwells or carries on business at the time of the suit, or by leave of the judge or registrar in that of the district in which the

́defendant, or one of the defendants, has dwet r carried on bis business at any time within six calendr months next before the time of action or suit brough or, with the like leave, in the county court of the dis- · trict in which the cause of action or suit wholly or in part arose.

On entering the plaint, the plaintiff, in all cases where the sum sought to be recovered exceeds 40s., must deliver at the office of the registrar as many copies of a statement of the particulars of his demand or cause of action as there are defendants, and an additional copy to be filed.

The plaint having been filed, a summons to the defendant will be issued, but with this the plaintiff need not concern himself, as it will be served by the officers of the court.

If, at any time before the day fixed for the hearing, the plaintiff wishes to withdraw his cause, he must give notice thereof to the registrar, and to the defendant by post, and after the receipt of this notice, the defendant will not be entitled to any costs other than those incurred by him up to the time of receiving it, unless the judge otherwise orders.

If, on the other hand, the plaintiff determines to proceed with the action, he must attend the court on the day of hearing, together with his witnesses.*

*For further information as to the proceedings in a county-court suit, seo "The New County Court Guide," by the author of the prosent work, and published by Messrs. G. Routledge and Sons.

CHAPTER XVIII.

OF LEGACIES TO SERVANTS.

Who are Servants.-Domestic Servants.-Who entitled to " 'Year's Wages."-When to be in Service.-Legacies sometimes in Satisfaction of Wages.

IT is not unfrequent for persons to leave legacies to their servants. When the will mentions by name the servant whom it is intended to benefit, no difficulty can well arise. But it often happens that the testator, instead of leaving legacies to individual servants by name, leaves them to classes of persons, that is to say, either to his "servants" generally, or to servants of a particular kind. Such bequests frequently give rise to difficulties; and it may, therefore, be useful both to masters and servants to notice the construction they have received.

Under a bequest to "servants" generally, no servant will be entitled except those who were in the testator's service at the time of his death; and it has also been held that a person who is not obliged to give up his whole time to his master, or who was subject to the orders of any one but the testator, was not entitled to a legacy left to servants.

The term "" servants on domestic establishment," or

any equivalent expression, only applies to indoor

servants.

If a testator leaves "a year's wages

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to his servants, none but yearly servants are entitled to benefit by it. A gardener, for instance, with a weekly engage. ment and weekly wages, would not be included in the objects of the testator's bounty.

If servants of a particular class are mentioned, the bequest will be confined or extended to those who come, according to general and popular acceptation, within the term.

When a legacy is left by a master, it will sometimes be considered as a satisfaction, either entirely or partially, of any wages due at the time of the master's death, unless a contrary intention appears from the will. Courts of equity are, however, disposed to lean agaiust this construction of a will, and are apt to lay hold of any circumstance which will enable them to give the servant the legacy, in addition to the wages which may be due to him. Every will which includes a legacy to servants should, however, contain an press declaration and provision on this point, for it is only thus that doubts or difficulties can be precluded.

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CHAPTER XIX.

ACTS OF PARLIAMENT RELATING TO PARTICULAR TRADES, INDUSTRIES, OR MANUFACTURES.

The Factory and Workshop Acts.-Fencing Machinery.-Coal and Metalliferous Mines Regulation Acts.-Acts for Prevention of Frauds and Abuses in certain Trades.-The Truck Act.

A NUMBER of acts have been passed for the regulation and protection of labour, principally that of women and children engaged in factories and workshops. In consequence of the number and complication of these acts, it is utterly impossible, in the space at our command, to attempt a summary, however brief, of their contents. We must, therefore, content ourselves with referring our readers to the acts themselves, confining ourselves to such assistance as we can afford by referring to the acts connected with each trade, which can at any time be obtained from the Queen's printer at a small expense.*

The acts regulating workshops † are, by 34 & 35

* In connection with this subject, we have to acknowledge our obligations to Mr. Oke, upon whose excellent, accurate, and exhaustive "Magisterial Synopsis" we have on this point drawn freely. The Queen's printers are Messrs. Eyre and Spottiswoode, East Harding-street, E. C.

† i.e., All places where less than fifty persons are employed, and which are not included in any of the factory acts.

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