belief that he had performed his contract, he could not be convicted. Under the new Act masters and servants are placed in the same position. Each party to a contract of hiring may now seek compensation, damage, or other remedy for the breach alleged, or for any misusage, misdemeanor, misconduct, ill-treatment, or injury to the person or property of the complainant, provided that it be a case, matter, or thing within the scope of the Acts mentioned in the schedule. Then the justices, upon due proof of the matter, may abate wages due, or direct a fulfilment of the contract, with security by recognizance or bond, and with or without sureties; or may annul the contract and apportion the wages due; or, under certain circumstances, may impose a fine; or assess compensation or damages; or may order compensation and annul the contract; and lastly, may impose a fine and annul the contract.

In addition to these modes of dealing with complaints, cases of an aggravated kind may be punished by imprisonment not exceeding three months (sect. 14).

The employer and the workman are now placed on equal terms before the law, and both parties may be examined on oath with reference to their differences; and their husbands or wives are also made competent witnesses.

Bankruptcy of the Master.-In case of the bankruptcy of the master, it is enacted by 12 & 13 Vict. cvi. s. 169, that when any bankrupt is indebted at the time of issuing the fiat or filing the petition to any labourer or workman, the court, upon proof, may order so much as shall be so due, not exceeding 40s.,

to be paid to such labourer or workman out of the estate, and such labourer or workman may prove for any sum exceeding such amount.

Medical Attendance.-A master is not bound to provide medical advice and attendance for his servants. But though this is the general rule, it is generally made a matter of special arrangement between masters and colliers in the principal works. It has been decided that stoppages from wages for medical purposes are not within the Truck Act.

Again, it must be observed that when a collier has absented himself from the service (after entering upon it), and has been dealt with under section 9 of the Master and Servants Act, by an assessment of compensation, or a fine, without annulling the contract, it seems that if the term of the contract had not expired, by lapse of time, it remains in force after the amount is paid. If such a defendant continues to absent himself after payment, or imprisonment in default of distress, he is liable to be proceeded against a second time, just as much as if he had gone back to the work for a day or two and afterwards absented himself. See the case Ex parte Baker (26 Law Journ. M. C. 193).

The Effect of Work unskilfully or badly done.— The case of Sharp v. Handsworth (2 Cox's M. C. 171), contains the opinion of the Court of Queen's Bench on the defence that the work performed was badly done. The complainant was employed to make up blankets, to be paid for by the piece. He was paid part of his demand, and refused the remainder ; and an order was applied for under the 1st section of 20 Geo. II. cap. 19. At the hearing the

master resisted the claim upon the ground that the servant had done his work so negligently that he incurred a loss far beyond the balance of wages claimed. The justice thought that the defence was matter of set-off, and decided that he had no jurisdiction. But the Court said that the case must go back for him to say whether the work was so badly done as not to entitle the servant to any wages, or to a deduction of wages. This kind of contract is a personal one, and is dissolved by the death of either master or servant, so that the servant cannot, for instance, be compelled to continue his service with the widow of the master with whom he contracted.

With regard to pecuniary fines, it has been decided in the case of R. v. Biggins (1 Cox's M. C. 488), that the justices may by their conviction order wages already due and unpaid to be abated, as well as wages to become due.

Lastly, it will be convenient to insert in this place a brief account of the new system of "Courts of Conciliation and Arbitration," which may now be found under the statutes 30 & 31 Vict. cap. 105.

This Act does not extend to domestic or agricultural servants. Under it any number of masters or workmen may agree at a meeting convened for the purpose to form a council of conciliation and arbitration, and may jointly petition Her Majesty to grant them a licence to form such council, which shall have all the powers granted to arbitrators and referees under the prior Acts, and the Secretary of State is empowered to grant such licence. Every council must consist of not less than two masters and ten workmen and a chair

man. A chairman unconnected with trade is to be appointed, who will have a casting vote, and other officers necessary to conduct the proceedings are also to be appointed. The council, or a quorum of three, one being a master, and another a workman, with the chairman, may hear and determine all disputes between masters and workmen submitted to them. But a committee of conciliation is to be appointed by the council, who shall in the first instance take cognizance of disputes and endeavour to reconcile the parties in difference. If such reconciliation shall not be effected, the matter is to be remitted to the council. No counsel or attorney is to attend without the consent of both parties. The council is to be elected for one year. Thus it appears "that a rational method of arranging these classes of disputes has been discovered; from various sources we learn that there is every prospect of their receiving in future a more satisfactory solution than has been found in strikes." A court of this kind has been formed in the Potteries. At a large meeting at Hanley, Mr. Wise, formerly M.P. for Stafford, was in the chair, and made some valuable remarks. He stated that courts of this kind existed in ancient Greece and Rome, and had been in operation since 1803 in France, where there were 80 boards of conciliation. In the last few years 174,487 trade disputes had been settled by the lesser court, leaving about 10,000 for the decision of the higher branch. He added that these courts work well in Belgium, but have been most successful in Denmark and Norway, where the principle has been applied not only to trade disputes but to the settlement of differences in private life.

CHAP. XI.

THE RATING OF COLLIERIES.

THE incidence and burden of the poor rates and other rates collected under that name upon collieries and their appurtenances, is so important a matter as to claim special study and examination from every writer on that kind of property. In this chapter it is intended to point out the statutes which bear upon rating; and then to explain the meaning of rateable occupation; the principle or basis on which the rating ought to be settled, with the practical application of the principle to some particular cases. Some extracts from the leading cases which serve to throw light upon the various points will be quoted in support of the propositions advanced.

By the statute 43 Eliz. c. 2. s. 1, it is enacted that the churchwardens and overseers or the greater part of them shall take order from time to time, by and with the consent of two justices of the same county, whereof one to be of the quorum, dwelling in or near the same parish or division where the same parish doth lie, to raise weekly or otherwise, by taxation of every inhabitant, parson, vicar, and other, and of every occupier of lands, houses, tithes impropriate,