Return to habeas corpus, showing Where a return by a gaoler to a habeas corpus, set forth a bad conviction and warrant of a justice under 4 Geo. 4, c. 34, and both bad and also proceeded to set forth a good conviction and warrant under that statute (which was delivered a week after, though dated the same day as the first), it was held that the prisoner was not entitled to be discharged (y). good war. rants sufficient. R. v. Richards. And where a writ of habeas corpus was obtained upon an Second good affidavit setting out a bad warrant, a second good warrant was allowed to be substituted for it on the return to the writ (z). warrant. Affidavits on return. 5 Geo. 4, c. 95. Sect. 1. Upon a return to a habeas corpus, it is open to the prisoner to show by affidavit that there was no evidence from which the justice might reasonably draw an inference that the relation of master and servant existed between the prisoner and his employer, as that would show that the justice had no jurisdiction. But if the affidavits show evidence both ways, the prisoner will be remanded (a). And affidavits will not be permitted to show that the offence was committed beyond the jurisdiction of the justice. That is a question of fact which must be tried by him at his peril (b). Where a warrant is good on the face of it, it is doubtful whether affidavits are admissible raising objections not appearing on the warrant, as, for instance, disclosing a former conviction for the same offence (c). ARBITRATION OF DISPUTES BETWEEN MASTERS The stat. 5 Geo. 4, c. 96, which consolidated and now regulates the law relative to the arbitration of disputes between masters and workmen, also gives to justices (d) certain powers in such cases; and it is, therefore, conceived, that the provisions of that statute may most appropriately be brought before the reader in this place (e). The first section, after reciting that it is expedient that the laws relative to the arbitration of disputes between masters and workmen should be consolidated and amended, and one general law made applicable to every description of trade and Repeals prior manufacture, repeals a variety of former enactments upon the subject. The act then proceeds (sect. 2) to enumerate the causes of dispute which may be referred to arbitration in the following terms : acts. Causes of 2. That the following subjects of dispute arising between dispute that masters and workmen, or between workmen and those employed by them, in any trade or manufacture, in any part of the United Kingdom of Great Britain and Ireland, may (ƒ) be may be re ferred. settled and adjusted in manner hereafter mentioned; that is to 5 Geo. 4, c. 96. say, disagreements respecting the price to be paid for work done, or in the course of being done, whether such disputes shall happen or arise between them respecting the payment of wages as agreed upon, or the hours of work as agreed upon, or any injury or damage done or alleged to have been done to the work, or respecting any delay or supposed delay in finishing the work, or the not finishing the work in a good and workmanlike manner, or according to any contract, or to bad materials; cases where the workmen are to be employed to work any new pattern which shall require them to purchase any new implements of manufacture, or to make any alteration upon the old implements, for the working thereof, and the masters and workmen cannot agree upon the compensation to be made to such workman for or in respect thereof; disputes respecting the length, breadth or quality of pieces of goods, or in the case of cotton manufacture, the yarn thereof, or the quantity and quality of the wool thereof; disputes respecting the wages or compensation to be made for pieces of goods that are made of any great or extraordinary length; disputes in the cotton manufacture respecting the manufacture of cravats, shawls, policat, romal and other handkerchiefs, and the number to be contained in one piece of such handkerchiefs; disputes arising out of, for or touching the particular trade or manufacture or contracts relative thereto, which cannot be otherwise mutually adjusted and settled; disputes between masters and persons engaged in sizing or ornamenting goods; but nothing in this act contained shall authorize any justice or justices acting as hereinafter men- Justices not tioned, to establish a rate of wages, or price of labour, or work- to establish a manship at which the workmen shall in future be paid, unless without conwith the mutual consent of both master and workmen; provided sent. always, that all complaints by any workman as to bad materials Limitation of shall be made within three weeks of his receiving the same, and which workall complaints arising from any other cause shall be made within men to lodge six (g) days after such cause of complaint shall arise. rate of wages time within their complaints. 3. That whenever such subjects of dispute shall arise as aforesaid, it shall be lawful for the master and workman, or Appointment either of them, to demand and have an arbitration or reference of referees. thereof, in manner following, that is to say, where the party complaining and the party complained of shall come before or agree by any writing under their hands to abide by the determination of any justice of the peace or magistrate of any county, riding, division, stewartry, barony, city, burgh, town or place within which the parties reside (h), it shall and may be lawful 5 Geo. 4, c. 96. for such justice of the peace or magistrate to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before or so agree to abide by the determination of such justice of the peace or magistrate, then it shall be lawful for any such justice or magistrate, and such justice of the peace or magistrate is hereby required, on complaint made before him and proof by the examination of the party making such complaint, that application has been made to the person or persons against whom such cause of complaint has arisen, or his, her or their agent or agents, if such dispute has arisen with such agent or agents, to settle such dispute, and that the same has not been settled upon such complaint being made, or, where the dispute relates to a bad warp, that such cause of complaint has not been done away with within forty-eight hours after such application, to summon before him such person or persons, or agent or agents, on some day not exceeding three days, exclusive of Sunday, after the making such complaint, giving notice to the person making such complaint of the time and place appointed in such summons for the attendance of such person or persons, agent or agents as aforesaid, and if at such time and place the person or persons so summoned shall not appear by himself, herself or themselves, or send some person on his, her or their behalf to settle such dispute, or appearing shall not do away such cause of complaint, then and in such case it shall be lawful for such justice, and he is hereby required, at the request of either of such parties, to nominate arbitrators or referees for settling the matters in dispute, and such justice shall then and there at such meeting propose not less than four nor more than six persons, one-half of whom shall be master manufacturers or agents or foremen of some master manufacturer, and the other half of whom shall be workmen in such manufacture, such respective persons residing in or near to the place where such disputes shall have arisen; out of which master manufacturers, agents or foremen the master engaged in such dispute or his agent shall choose one, and out of which workmen so proposed the workman or his agent shall choose another who shall have full power to hear and finally determine such dispute. Regulations for appoint ment of other referces where those appointed reference, or 4. That in case any or either of the persons so proposed by any such justice shall refuse or delay to accept such arbitration, or, accepting shall not act therein within two days after such nomination, the justice shall proceed to name another or other persons of the descriptions aforesaid in the room of the persons so refusing as aforesaid to be arbitrator or arbitrators in the place of any such arbitrator or arbitrators so refusing or delaying to accept or who shall not act; and in every case of a second nomination the arbitrators shall meet within twenty-four hours after the application for the same, and at the same place at which the meeting of the referees first named was appointed, or at some other convenient place as the justice may appoint; and the expense of every such application for the appointment of a second referee shall be borne and defrayed by the party through whose default or the default of whose referee such application is rendered necessary, and the justice making such second ap pointment shall certify the same in the form for that purpose 5 Geo. 4, c. 96. set forth in the act (i) or in some other form to the like effect; and in every case where a second arbitrator shall be appointed as aforesaid, and such second arbitrator shall not attend at the same time and place appointed for settling the matters in dispute, it shall be lawful for the other arbitrator at such time and place to proceed by himself to the hearing and determining of the same matters in dispute; and in such case the award of such sole arbitrator shall be final and conclusive as to all matters in dispute submitted to such arbitrator, without being subject to review, appeal, or suspension. which to be given. 5. That the arbitrators or referees being so nominated as Meeting of aforesaid, the said justice shall thereupon appoint a place of referees. meeting according to the directions of this act, and also a day Notice of for the meeting; notice of which nomination and of the day of meeting shall thereupon be given by such justice to the persons so nominated arbitrators or referees, and to any party to any such dispute who may not have attended the meeting before such justice as aforesaid; which appointment shall be by such justice certified in the form there given (k), or in some other form to the like effect; and the person so appointed as aforesaid shall hear and examine the parties and their witnesses and determine such dispute within two days after such nomination, exclusive of Sundays; and the determination of such arbitrators shall be final and conclusive. the referees. 6. That in all cases where complaints are made respecting Place for the bad warps or utensils by workmen, the place of meeting of the meeting of referees shall be at or as near as may be to the place where the work shall be carrying on; and in all other cases at or as near as may be to the place or places where the work has been given out. 7. Provided, that if any person so complaining as aforesaid Attendance of parties. shall not attend or send some person on his or her behalf at the time and place appointed by such justice of the peace for the purpose of naming such persons as aforesaid, such person shall not in such case be entitled to the benefit of this act; and if any person against whom any such complaint shall have been made as aforesaid shall not attend or send some person on his or her behalf, the justice of the peace shall thereupon nominate a person for him out of such persons so proposed as aforesaid. complaint by 8. That the said arbitrators and referees shall meet at the time Mode of in and place fixed by the justice of the peace by whom such re- vestigation of ferees were appointed, and shall by inspection of the work in arbitrator. regard to which the dispute may have arisen, by hearing and examining the parties, or any other persons on their behalf, or that attend to give evidence respecting the matters in dispute, upon oath (which the said arbitrators and referees are hereby empowered to administer) or otherwise, or by otherwise ascertaining the true state of the case in such manner as to such arbitrators and referees shall appear necessary, proceed to determine the matter or matters in dispute referred to them; and the award (i) See the form in the Appendix. (k) See this form in the Appendix. 5 Geo. 4, c.96. to be made by such arbitrators and referees shall be final and conclusive between the parties without being subject to review or challenge by any court or authority whatsoever. Arrest and of refractory 9. That it shall be lawful for any arbitrator or arbitrators, commitment referee or referees, and he and they are hereby authorized and witnesses. required at the request in writing of any of the parties to issue his or their summons to any witness or witnesses to appear and give evidence before such arbitrator or arbitrators, referee or referees, at the time and place appointed for hearing and determining any such dispute, and which time and place shall be specified in such summons; and if any person so summoned to appear as a witness as aforesaid, shall not appear before such arbitrator or arbitrators, referee or referees at the time and place specified in such summons, or offer some reasonable excuse for the default, or appearing according to such summons shall not submit to be examined as a witness and give his evidence before such arbitrator or arbitrators, referee or referees touching the matter of such dispute, then and in every such case it shall be lawful for any one or more of his majesty's justices of the peace acting in and for the county, stewartry, riding, division, barony, city, burgh, town or place where such dispute shall have arisen, and they are hereby authorized (proof on oath in the case of any person not appearing according to such summons having been first made before such justice or justices of the due service of such summons on every such person by delivering the same to him, or by leaving the same twenty-four hours before the time appointed for such person to appear before such arbitrator or arbitrators, referee or referees at the usual place of abode of such person) by warrant under the hands of any such justice or justices to commit any such person so making default in appearing, or appearing and refusing to give evidence, to some prison within the jurisdiction of any such justice or justices, there to remain without bail or mainprize for any time not exceeding two calendar months, nor less than seven days, or until such person shall submit himself to be examined, and give his evidence before such arbitrator or arbitrators, referee or referees as aforesaid: provided always, that in case such dispute shall be heard and determined before such offender shall submit to be examined and give evidence as aforesaid, then and in every such case he, she or they shall be imprisoned the full term of such commit Proviso. Adjourn ment of complaint from referees to a justice; ment. 10. That in case such arbitrators and referees so appointed cannot agree upon and decide such matter or matters in dispute so referred as aforesaid, or shall not make and sign their award within three days after the date of the order of such justice certifying their appointment, then the said arbitrators and referees shall without delay go before the justice by whom they were appointed, and in case of his absence or indisposition, before any other of his majesty's justices of the peace acting in and for the county, stewartry, riding, division, barony, city, burgh, town, liberty or place, and residing nearest to the place where the meeting to settle such dispute shall have taken place, and shall state to such justice or justices who may be present the points in difference between them the said arbitrators and referees, |