STAC* 
 
 5 LAWS 
 
 1)34 
 
 BEGl'LATING THE RELATIVE 
 
 RIGHTS AM) IMTIKS 
 
 o ; lASTERS, SERVANTS, 
 
 
 
 
 3 
 7 
 8 
 
 CAPE COLONY, 
 
 ANNOTATED WITH DF. DIFFERENT E 
 
 1 
 
 alifornia 
 
 rional H ' TENNANT, 
 
 THE INKER TIMPLB, BARR1STER-AT-LAW. 
 
 Gary's Jfon- 
 
 C. JUT A & GO. 
 1890.
 
 LAWS 
 
 REGULATING THE RELATIVE 
 
 RIGHTS AM) DUTIES 
 
 MASTEES, SEEVANTS, 
 
 APPEENTICES 
 
 CAPE COLONY. 
 
 ANNOTATED WITH DECISIONS UNDER THE DIFFERENT SECTION v 
 
 H. TENNANT, 
 
 OF THE INNER TEMPLE, BARRISTER-AT-LAW. 
 Editor of " The Rules of Court," "Notary's Manual," etc., ttc. 
 
 CAPE TOWN: J. C. ^UTA & CO. 
 
 1890.
 
 LONDON: 
 1'HINTED BY WILLIAM CLOWES AND SONS, LIMITED 
 
 f S-TAMFOUD STUF.F.T AXD CHARING CROSS.
 
 PREFACE. 
 
 The following pages are published in order to moot the 
 desire, often expressed by many members of the community, 
 for a convenient and easy reference to the Masters' and 
 Servants' Laws of the Colony. 
 
 H. T. 
 
 CHAMBERS, January, 1890. 
 
 1824125
 
 Contracts entered into in England. 
 
 The following important case was decided by the Supreme Court 
 on the 3rd of March last, after this pamphlet had passed through 
 the Press : 
 
 SAYERS vs. THORNE. 
 
 This was an appeal from a decision of the Resident Magistrate 
 of Cape Town on a case in which the appellant was charged 
 with having failed to perform a contract made by her in 
 England to enter the service of the respondent in Cape Town 
 as a cook, and with respect to which it was contended for the 
 appellant that the contract was not executed in accordance 
 with the terms of the Act. The objection was overruled, and 
 the appellant was sentenced to pay a fine of 2, or to undergo 
 a month's imprisonment. Mr. Innes now appeared in support 
 of the appeal, and Mr. Giddy for the respondent. 
 
 Mr. Innes contended that the conviction was bad, because 
 section 10 of sub-section 1 of Act No. 1 of .1873 provided that 
 contracts of service in which it was not stipulated that the 
 service was to commence within a month were not binding 
 unless executed before a magistrate or some officer specially 
 appointed for that purpose. He held that this section repealed 
 section 1 of Act No. 15 of 1856. In this case the contract was 
 irade in Southampton, but it was not made before a magis- 
 trate or other officer who held an appointment from the 
 Government of the Colony. 
 
 Counsel having been heard, 
 
 The Chief Justice held that if there was any ambiguity in 
 construing an Act of this kind, the Court must look at the 
 whole Act, and at the enactments it was intended to modify. 
 His opinion was that the Legislature, in framing the Act of 
 1873, intended it to apply to contracts entered into in the 
 Colony, and that the proviso that certain contracts of service 
 should be entered into before a magistrate applied wholly to 
 magistrates in the Colony. It could never have been the 
 intention of the Legislature that, when an employer had 
 paid the passage of a servant to the Colony, the servant on 
 arriving here should have the power of refusing to enter the 
 service. He thought the Court ought not to disturb the find- 
 ing of the Magistrate, and that the appeal ought to be 
 dismissed.
 
 MASTERS AND SERVANTS. 
 
 VI. Act 151856. ~ 
 
 L'. 181873. >C 
 
 3. 281874. 
 DC 4. 71875. X 
 
 5. 301889. 
 
 6. 351886 (Employers' Lia- 
 bility). 
 
 7. Ord: 311830, 12, 13 (Trade 
 
 beyond Boundaries). 
 
 8. Act 22- 1857 (Native Children). 
 
 9. Act 61861, 5, 6 (Prescription 
 Debts). 
 
 10. 22 18G7, 2 (Passes to 
 
 Natives). 
 
 11. 141870, 2-5 (Cattle 
 
 Removal). 
 
 12. 7 1879, 4, 11, 12, 20, 21 
 
 (Reformatories). 
 
 13. 81889 (Apprenticeship of 
 
 Juveoile Offenders). 
 
 SIC f- 
 
 No. 151856.] 
 
 AN ACT 
 
 [June 4, 1856. Act 15-185^ 
 
 To AMEND THE LAWS REGULATING THE RELATIVE EIGHTS 
 AND DUTIES OF MASTERS, SERVANTS, AND APPREXTU i>. 
 
 Preamble. 
 
 Whereas it is expedient to amend and consolidate the laws 
 regulating the relative rights and duties of masters, servants, 
 and apprentices: Be it therefore enacted by the Governor of 
 the Cape of Good Hope, with the advice and consent of the 
 Legislative Council and the House of Assembly thereof, as 
 follows : 
 
 Repugnant laws repealed. 
 
 1. From and after the commencement and taking effect of 
 this Act, the Ordinance enti tilled " An Ordinance for amending 
 and consolidating the Laws regulating the relative rights and 
 duties of Masters, Servants, and Apprentices," enacted by the 
 Governor of the Cape of Good Hope, with the advice of 
 the Legislative Council thereof, and bearing date the first 
 
 B
 
 2 LAWS DELATING TO 
 
 151856. of March, 1841, and all Orders in Council confirming or 
 continuing the said Ordinance (except in so far as the said 
 Ordinance, or any of the said Orders, repeals any former law or 
 usage), the Act No. 4, 1855, entituled " An Act for Encour- 
 aging the Importation of European Labourers into this 
 Colony," and all other laws and regulations repugnant to any 
 of the provisions of this Act, shall be repealed, and the same 
 are hereby repealed accordingly. 
 
 Interpretation clause. 
 
 2. For the purposes and within the meaning of this Act, 
 unless it be otherwise specially provided, or there be something 
 in the subject or in the context repugnant to such construc- 
 tion, 1st, The word " governor " shall mean the officer 
 lawfully administering the government of this colony ; 2nd, 
 The word ".servant " (I) shall be construed and understood to 
 comprise any person employed for jiire, wages, or other re- 
 muneration, to perform any handicraft or other bodily labour 
 in agriculture or manufactures, or in domestic service, or as a 
 boatman, porter, or other occupation of a Hke nature ; 3rd, 
 The word " apprentice " shall be construed and understood to 
 comprise any person indentured or bound by any contract of 
 apprenticeship made according to law, as apprentice to any 
 other person ; 4th, The word "master " shall be construed and 
 understood to comprise any person, whether male or female, 
 employing for hire, wages, or other remuneration, any person 
 falling within the before-mentioned definition of the word 
 "servant," or to whom any person falling within the before- 
 mentioned definition of the word " apprentice " shall have 
 been indentured or bound by any contract of apprenticeship, 
 made according to law ; 5th, The words "Contract of service " 
 and " contract of apprenticeship " shall respectively be 
 construed and understood to comprise any agreement, whether 
 oral or written, whether expressed or implied, which any 
 person falling within the before-mentioned definitions of the 
 word "servant" or "apprentice" shall respectively have 
 
 (1) A stationer's assistant is not a "servant" within the meaning of this 
 semion. Falconer v. Juta, Buch, 1879, p. 22. See also noie to 2, p. 5, 
 infra.
 
 MASTERS, SERVANTS, AND APPRENTICES. 3 
 
 entered into or made, according to law, with any person falling Act 15 : 
 within the before-mentioned definition of the word " master," 
 for .the performance of any work or labour of any kind 
 hereinbefore mentioned ; 6th, The words " magistrate " and 
 " magistrates " shall be construed and understood to comprise 
 the resident magistrates duly appointed for the different 
 districts of this colony; 7th, The words "this colony" shall 
 be construed and understood to comprise all islands, and other 
 territories whatsoever, which are dependent on the colony 
 of the Cape of Good Hope, and subject to the government 
 thereof; 8th, The word "month" shall be construed and 
 understood to comprise the period of one calendar month ; 
 9th, The words " father," " parent," "relative^" "husband," 
 and " wife," shall be respectively construed and understood to 
 comprise reputed fathers, parents, relatives, husbands, or wives, 
 as well as actual parents and relatives, and lawful husbands 
 and wives; 10th, The words " officer " and "proper officer." 
 when used with reference to the attestation >r making of 
 contracts of service of apprenticeship, or to the transfer and 
 assignment of apprentices, shall be construed and understood 
 to comprise every person who shall have been appointed by 
 the Governor to attest or make such contracts; llth, All 
 words in this Act, and in the various rules and regulations 
 hereinafter enacted, importing the singular number or the 
 masculine gender only, shall be construed and understood to 
 include several persons as well as one person, and females as 
 well as males. 
 
 CHAPTER I. 
 
 In cases not proviJ> dj > " of L /lateral contracts in 
 
 general to prevail. 
 
 1. Notwithstanding the repeal, by the Ordinance aforesaid, 
 of the laws thereby repealed, the courts of this colony, in all 
 cases which are now or shall be hereafter depending before 
 the same, arising out of or respecting the formation or dis- 
 solution of contracts of service or apprenticeship, or touching 
 or concerning any rights, duties, obligations, powers, liabilities 
 or other matters or tiling arising out of or proceeding from 
 
 i; 2
 
 4 LAWS RELATING TO 
 
 151856. any contracts of service or apprenticeship, or any of the mutual 
 relations subsisting between masters and servants or appren- 
 tices, shall respectively try, judge, and determine the said 
 causes according to the law of this colony, respecting and 
 applicable to bilateral contracts in general, except when other 
 provisions touching and concerning any such matter and 
 thing as aforesaid shall have been made in this Act, or by any 
 other Law not repealed by the Ordinance aforesaid. 
 
 Repeal aforesaid not to annul contracts entered into previously 
 to the taking effect of this Act. 
 
 2. The beforementioned repeal shall not annul or affect any 
 contracts of service or apprenticeship entered into previously 
 to the time when this Act shall take effect, and which, under 
 and by virtue of, and according to any laws in force within 
 this colony on the day previously to the taking effect of this 
 Act, were then subsisting legal and valid contracts. 
 
 Contracts liable to be set aside on account of fraud, &c. 
 
 3. Nevertheless any such last-mentioned contract of service 
 or apprenticeship, to be performed within this colony, shall be 
 liable to be set aside by any magistrate having jurisdiction 
 over the parties, or any competent court, upon reasonable 
 jproof being made to the satisfaction of such magistrate or 
 court, that either of the parties to such contract was induced to 
 enter into the same by any fraud, misrepresentation, or con- 
 cealment. 
 
 CHAPTEK II. 
 ON THE FORMATION OF CONTRACTS OF SERVICE. 
 
 Contracts entered into out of the colony, how to be certified. 
 
 1. No contract of service made elsewhere than within the 
 limits of this colony shall be of force or effect within this 
 colony, except the same shall have been made in writing, and 
 be duly certified by the British consul, or other similar officer, 
 at the place where the same was made, or if there be no such 
 officer, then by such magistrate of such place, or other proper
 
 MASTERS, SERVANTS, AND APPRENTICES. 5 
 
 authority ; but contracts not so certified shall, notwithstanding, Act 15 if 
 have force and effect in this colony, upon other proof of such 
 contract, to the satisfaction of the magistrate before whom the 
 same shall come in question. 
 
 Every contract shall be deemed to be entered into for one month ^ 
 unless otherwise specified: except tlie servant be non-resident, 
 or shall work by the piece. 
 
 2. Every contract of service, whether oral or written, the 
 term of endurance of which shall not have IMM.-H expressly 
 specified and limited by such contract, shall, in the absence of 
 sufficient proof to the contrary, be deemed and taken to be for 
 the term of one month from the commencement thereof; save 
 and except contracts for service in any trade or handicraft, 
 whereby it shall not have been stipulated _that the servant 
 jshall, during the term thereof, reside in tin- house of or on the 
 premises of the master, which shall be deemed and taken to 
 endure only until the night of Saturday of the week on any day 
 of which it shall have been stipulated that the service shall 
 commence ; and contracts for executing any particular piece 
 of work specified in the contract which shall expire so soon as 
 the work is finished, and when the work is not finished within 
 a reasonable time, may be put an end to by the master, after 
 the lapse of a period of time reasonably sufficient for finishing 
 such work. (1) 
 
 No oral contract to be binding for more than one year, and not 
 valid unless tJie time to be entered upon shall be stipulated. 
 
 '3. No oral contract of service shall be valid or binding for 
 any longer term than one year from the period fixed for the 
 
 (1) Where a compositor, under an engagement by which he was paid at a 
 rate calculated per 1000 eus and entitled to a week's notice, sued his employer 
 under sect. 14 of Act 18 of 1873 for withholding wages in lieu of notice, and 
 no exception to the jurisdiction was taken : 
 
 Held, that he was a servant in terms of the Masters and Servants Act : 
 Held, also, that on appeal to the Supreme Court the objection that the 
 magistrate had no jurisdiction under Act No. 18, 1873, inasmuch as the Act 
 only contemplated the withholding of wages already earned, could not be 
 raised, as it had not been taken in the court below. Baker v. 
 1 Juta, 253.
 
 6 LAWS DELATING TO 
 
 Act 151856. commencement of the service stipulated for by such contract ; 
 an d__no such oral contract shall be valid or binding in any case, 
 unless it be stipulated in such contract that the service, 
 thereby stipulated for, shall be entered upon by the servant 
 within one month from the date of the contract. 
 
 4. [Repealed by 1 of Act 18, 1873.] 
 
 No contract to be valid or binding for a longer period 
 than five years. 
 
 5. No such contract so entered into before a magistrate or 
 other proper officer, shall be valid or binding for a longer 
 period than five years from the date thereof, if entered into 
 within this colony ; and no such contract shall endure longer 
 than five years from the day of the commencement of the 
 service, when such contract shall be entered into elsewhere 
 
 "nTthis colony. 
 
 Form of contract o/ service. 
 
 6. All contracts of service entered into before a magistrate 
 or other proper officer, within the limits of this colony, shall be 
 drawn up as nearly as possible in the following terms : 
 
 Be it remembered, that on this da} of 
 
 in the year of our Lord , A. B., of , and 
 
 C. D., of , appeared before me, E. F. (resident 
 
 magistrate, or officer specially appointed by the Governor 
 to attest contracts of service for the district, as the case 
 may be, with his usual description), and in my presence, 
 signed their names (or made their marks, as the case may 
 be) to the following contract of service : The said A. B. 
 agrees to hire the service of the said C. D., and the said 
 C. D. agrees to render to the said A. B. his service at all 
 fair and reasonable times, and in the capacity of 
 
 for commencing on the day of 
 
 instant, and terminating on the day of in 
 
 the year . And it is further agreed that the said 
 
 A. B. shall pay to the said C. D., as such servant as 
 aforesaid, wages after the rate of by the day (week,
 
 MASTERS, SERVANTS, AND APPRENTICES. 1 
 
 shall be paid on the - day of each week (or Act 15 1856. 
 month, as the case may be). 
 
 (Here add any special agreement compatible with 
 the law, and not adverted to in this form.) 
 (Signed) A. B. 
 
 C. D. 
 
 The preceding agreement was signed by the abovenamed 
 parties, in my presence, on the day and year above written, 
 voluntarily, the same being, as far as I am able to judge, 
 understood by them respectively. 
 
 (Signed) E. F., 
 
 Resident Magistrate (or officer specially 
 appointed by the Governor to attt >i 
 contracts of service for the district). 
 
 In the absence of special agreement, one month's notice is required 
 
 before a contract shall be deemed to have expired. 
 7. ^No contract of service for a month or any longer period 
 shall be deemed and taken to have expired until at least one 
 month's notice, calculated from, and inclusive of, the day of 
 giving such notice, shall have been given by either of the 
 parties to the other party, unless it shall have been expressly 
 stipulated that no such notice shall i -ary ; and when 
 
 the service shall be a weekly one, a week's notice shall In- 
 necessary: Provided that nothing herein contained shall lie 
 construed so as to enable any party to any contract of service to 
 determine the same without the consent of the other party, before 
 the expiration of the term of service originally agreed upon. (1) 
 
 (1) Where the parties stand in the relation of master and servant, the I 
 mere fact that insufficient notice of discharge has been given does not confer 
 on the servant the right of bringing an action against the master for damages 
 for wrongful dismissal, unless such notice has been acted upon, or unless the 
 period fixed by the notice has actually ex ] tired. 
 
 If, before the expiration of the notice of discharge, a servant grossly 
 misconducts himself in the. service and is di.Miiissed, the ma>t'_-r may avail 
 himself of such misconduct as a defence to an action brought against him for 
 - accruing after such misconduct and dismissal, or to an action for 
 damages sustained by the servant by reason of not being employed after such 
 misconduct. Xh-on v. Blaine & Co., Buch, 1879, p. 217 ; Kenrick v. Central 
 ., Ld., 3 High Court 414 ; Douglas v. L. & S. A. Exp. Co., 4 High 
 
 Court 275 ; Donaldson v. Webber > 4 High Court 403 ; Hunt v. E. P. Boating 
 Co., 3 E. D. C. 12.
 
 Act 151856. 
 
 How such notice may "be waived. 
 
 8. When any such notice as is hereinbefore mentioned shall 
 have been given by either of the parties to the other, and the 
 master shall suffer the servant to remain, or the servant shall 
 remain in his service after the day on which according to the 
 notice given the contract of service should expire, such notice 
 shall be deemed and taken to have been withdrawn and passed 
 from, and the contract of service shall continue to endure as 
 long, and in like manner, as if no such notice had been given 
 unless it shall have been otherwise expressly and specially 
 agreed between the parties. 
 
 Servants hired to reside on the premises to be supplied with 
 food and lodging, wnless otherwise agreed upon. 
 
 9. In all contracts, whether oral or written, by which it is 
 stipulated that the servant shall reside on the premises of his 
 master, and wherein it shall not be expressly provided that the 
 master^ is not to supply food and lodging, the master shall be 
 deemed and taken to have engaged to provide sucjijservant, 
 and such of his family (if any) as shall have been included 
 in the contract, in manner hereinafter mentioned, in section 
 twelve of this chapter, with lodging and sufficient food of 
 good and wholesome quality, during the continuance of the 
 contract. 
 
 Where a servant on a monthly hiring wilfully deserts his service without 
 notice during the month : 
 
 Held, that he was not entitled to claim any wages for the service rendered 
 during that month up to the day of his desertion. Bassaramadoo v. Morris, 
 6 Juta 28. 
 
 Where a servant, after his discharge from his master's employment, made 
 an admission with reference to a transaction performed by him by his 
 master's orders during his engagement : Held, that the statement^ so made 
 was not admissible in evidence against the plaintiff, the former master. 
 Wood v~Dersley, 2 E. 5707200! 
 
 In estimating the amount of damages to be awarded where a servant had 
 been improperly dismissed before the termination of his time of service, the 
 Court will take into consideration any employment which may have been 
 obtained by the servant after dismissal and before the time fixed for the 
 expiration of the contract. Denny v. S. A. Loan, Mortgage, and Mercantile 
 E. D7C. 477
 
 MASTERS, SERVANTS, AND APPRENTICES. 9 
 
 Act 151856. 
 When rate of wages not specified, the magistrate to fix such 
 
 rate ~by custom. 
 
 10. In case of any action for non-payment of wages, due and 
 payable by virtue of any contract of _ service, being brought 
 before any magistrate, or other competent court by any ser- 
 vant, and when the rate of wages at which such contract was 
 
 made shall not be proved to the satisfaction of such magistrate 
 or court, such magistrate or court is hereby required to fix 
 the rate of wngos_ at that usually paid in the district or plac,- 
 in which the service for which the wages are claimed was per- 
 formed, reference being had to the skill and ability of the 
 servant, and to give decree accordingly. 
 
 Provision in ease of sickness. 
 
 11. When any servant shall, in consequence of any sickness 
 or accident, which shall not have been occasioned by his own 
 fault, be rendered incapable of performing his master's service, 
 he shall, in the absence of any special provision in the contract 
 to the contrary, be entitled to receive his full wages during 
 the first month of such incapacity, and every other benefit, 
 privilege, or advantage, whether for himself or his family, 
 stipulated for in the contract of service during the whole 
 period of such incapacity, unless the stipulated term of service 
 shall sooner expire, or unless the period of such incapacity 
 shall extend to a longer period than two months ; in which 
 latter case the master shall be entitled, if he shall so think fit, 
 at the expiration of such two months, or at any time afterwards 
 during which such incapacity shall uninterruptedly continue, 
 to treat and consider the contract of service as rescinded and 
 determined, to all intents and purposes whatsoever, he, the said 
 master, being however bound, before being so entitled to con- 
 sider the said contract as determined, to make good all stipula- 
 tions therein mentioned and agreed upon, up to and for the 
 day on which he shall declare his intention to treat and 
 consider the said contract as rescinded, with, however, the 
 limitation as to wages, hereinbefore provided : Provided, how- 
 ever, that if the master shall not think fit, at or after the 
 expiration of such two months as aforesaid, to treat the con-
 
 10 LAWS RELATING TO 
 
 Act 151856. tract of service as determined and rescinded, but shall permit 
 the servant to remain in his service, such servant shall not be 
 entitled to claim any portion of the wages beyond wages for 
 the first month as aforesaid, or any other benefit or advantage 
 stipulated for in the contract of service (save and except such 
 food and lodging for himself and family as by the contract of 
 service the master had engaged, or shall be deemed and taken 
 to have engaged, to provide him with), for any period sub- 
 sequent to such two months during which such incapacity as 
 aforesaid shall continue : And provided, always, that no servant 
 hired by any contract expressly to perform service in any 
 trade or handicraft, shall be entitled to receive the wages, or 
 any other benefit or advantage stipulated in the contract oT 
 service, for any part of the time during which he shall have 
 been rendered incapable of performing his master's work by 
 any such sickness or accident as aforesaid, save and except 
 such food and lodging for himself or family as by the contract 
 of service his master has engaged to provide him with, such 
 food and lodging to be provided during such incapacity as 
 aforesaid, unless the contract of service shall sooner expire, or 
 unless such incapacity shall extend to a period longer than one 
 month, in which latter case the master shall be entitled, if he 
 shall so think fit, under the same powers and conditions in 
 every respect as in this section before set forth, to treat and 
 consider such last-mentioned contract of service as absolutely,^ 
 and, to all intents and purposes, determined and rescinded. 
 
 Contracts for the services of husband, wife, and children how 
 to be entered into. 
 
 12. All contracts of service stipulating for the services of 
 the wife of any servant, together with those of her husband, 
 shall be made or executed by her in like manner as the same 
 shall be made and executed by her said husband : And it 
 shall be lawful for the father, or, in the event of his death or 
 absence, then for the mother, of any child under the age of 
 sixteen years, to contract for the service of such child together 
 with his own, in like manner as such person may contract for 
 his own services ; and when such contract shall be in writing, 
 the name and age of every such child shall be clearly set forth
 
 MASTERS, SERVANTS, AND APPRENTICES. 11 
 
 and specified in the contract : Provided always, that nothing Act 151856. 
 
 herein contained shall give to the master of any such parent 
 
 any claim on the services of any such child beyond the period 
 
 for which the parent shall be engaged, nor beyond the period 
 
 when such child shall attain the age of sixteen ; nor to the 
 
 services of any other child of the contracting parent, whether 
 
 under colour of such last-mentioned child having been fed or 
 
 clothed by the master, or having been born while the parent 
 
 of such child was in the said master's service, or under any 
 
 other pretence whatsoever. 
 
 One month after the death of the husband, contract to be null and 
 
 void witli i\-'j<.rrd to tlte services of tlu wife ami children. 
 
 13. On the death of any person being at the time, together 
 with his wife and any child, under contract as aforesaid, the 
 contract shall become null and void, with respect to such wife 
 and children, at the expiration of one month after the death of 
 such person. 
 
 Wife and children of the servant not to reside on the premises of 
 the master, unless stipulated in the contract, nor the master to 
 
 claim. tlitir *> / .- / /< '-</< //<- /< 1'j of their residence on the 
 jn-emises. 
 
 14. It shall not be lawful for any person entering into any 
 contract of service by which it is stipulated that the servant 
 shall himself reside on the premises of the master, to keep his 
 wife and children on the premises of his master, unless when 
 the master shall have also stipulated in such contract that this 
 shall and may be done ; Provided that, when the master shall 
 have so stipulated, it shall not be lawful for him to claim 
 the services of any such wife or child by reason merely of 
 their residence on his premises. 
 
 An agricultural labourer or herdsman to remain in his 
 
 service during pvNic commotion or invasion of the colony, or 
 if catted out for burgher service the master to provide for 
 his family. 
 15. When, in times of public commotion or invasion of the 
 
 colon v, the Governor shall deem it expedient to call out for
 
 12 LAWS DELATING TO 
 
 Act 151856. service any portion of the burgher force of any division of the 
 colony, under the Act No. 16 of 1855, (1) every person under 
 contract of service under this Act, as an agncnl tural_ labourer 
 or herdsman, for any period not less than one month, to any 
 master residing in such division, shall, if the period of service 
 contracted for should expire during the persistence of such com- 
 motion or invasion, notwithstanding such expiration, be bound 
 to continue in the service ofhis employer, on the terms of the 
 contract under which he had been serving, until the cessation 
 of such commotion or invasion, and until the services of the 
 burghers of such division shall be dispensed with for the 
 occasion : Provided that, if any such servant shall at any time 
 be called out for burgher service under the said Act No. 16, 
 1855, (1) the master of such servant shall, during the absence^ 
 of such servant on such duty, be bound to permit the family 
 and property of such servant to remain upon his premises, and 
 to provide for the same, in the same manner as he would have 
 been bound to do by the contract of service, if such servant 
 had not proceeded to the performance of such duty. 
 
 CHAPTER III. 
 ON THE APPRENTICESHIP OF CHILDREN (2). 
 
 Contracts to be in 
 
 1. No contract of apprenticeship shall be valid unless, at the 
 time of its being entered into, it shall have been reduced into 
 writing, and signed with the name, or, in case of illiterate 
 persons, with the mark, of the master and parent, (3) or guardian, 
 as the case may be, of the apprentice, and also of the apprentice 
 if of the full age of sixteen years. 
 
 (1) Act 16 of 1855 is repealed by Act 7 of 1878 (Defence). 
 
 (2) Any child convicted of any offence maybe bound to some useful calling 
 or occupation until such child shall attain the age of 16 years. Act 1, 1879 
 (Reformatory Institutions), 4. See also Act 8, 1889, infra. 
 
 (.'!) The conviction of a minor for neglect of duty under a contract of 
 service entered into by him without the consent of his parent, quashed. 
 Buch, 1879, p. 288.
 
 MASTERS, SERVANTS, AND APPRENTICES. 3 
 
 CJiildren under 16 to le apprenticed to agricultural 
 
 labour only till that aye. 
 
 2. No contract of apprenticeship by which any child under 
 sixteen years, if a female, and eighteen years if a male, may be 
 apprenticed as an agricultural or domestic servant, shall be valid 
 for any longer period than until such child shall have attained 
 the full age of sixteen years, if a female, and eighteen years, il ;i 
 male. 
 
 MMBHA 
 
 Children, not destitute, above 10 and under 16 years, 
 may be apprenticed till '21. 
 
 3. Children not being in a state of destitution, above the 
 age of ten, and under the age of sixteen years, may be appren- 
 ticed by their fathers, (1) or, in the case of fatherless children, 
 by their mothers, or, in case of orphans, having guardians, 
 by their guardians, until they shall have attained their twenty- 
 first year, or for any shorter period, and due provision for the 
 maintenance, clothing, and instruction of every such appren- 
 tice shall be made in the contract of apprenticeship : Provided 
 always, that every contract of apprenticeship, whereby any child 
 under the age often years, not being in a state of destitution, shall 
 
 (1) In the Supreme Court on the 9th of August, 1889, the Chief Justice said 
 that as judge of the week a case had been brought before him for review. It 
 was a case where a lad, Peter Kruger, was charged with absenting himself 
 from his master's service without proper cause or authority. The lad was 
 found guilty, and sentenced to receive fifteen cuts with a cane. It appeared 
 that the lad was only fifteen years of age, and that no proper contract of 
 apprenticeship had been executed with the master. There seemed, however, 
 to have been a verbal contract between the father of the child, Peter Kruger, 
 and the master. The question was whether under such a contract the child 
 could be punished for the offence of desertion. He (the Chief Justice) had 
 looked over the Masters and Servants Act, and he found there were only 
 two wayT in which a minor could be contracted for, either by contract of 
 apprentice the services of the child, together with the 
 
 services of one of the parents. If one of the parents served the same master 
 with the child, then the contract was valid, lint unless this was done there, 
 would have to be a regular contract of apprenticeship. In the present case 
 there was no such thing. The contract was made without either of the 
 parents serving the same master at the same time as the lad. There 
 appeared to him (the Chief Justice) to be no legal contract, and so the lad 
 could not be punished for desertion. The sentence of the magistrate was 
 accordingly quashed.
 
 14 LAWS RELATING TO 
 
 15_1856. be apprenticed, or attempted so to be, shall be null and void to 
 all intents and purposes whatsoever ; save and except a contract 
 of apprenticeship executed by the parent or guardian, and the 
 master, in the presence of a resident magistrate and attested 
 by such magistrate to be a contract which appears to him to 
 be for the benefit of the child. 
 
 Persons of 16 years and upwards may, ly tli< ir aim, 
 consent, be apprenticed for five years. 
 
 4. (1) Any minor of the full age of sixteen years or upwards 
 may, _by his own consent, be apprenticed for any term not 
 exceeding five years to any trade, in the practice of which any 
 peculiarartorskill is required, but not otherwise : Provided 
 always, that in the case of such minor or minors being females, 
 they may, with such consent, be apprenticed to domestic service 
 for any such period as last aforesaid. 
 
 Resident magistrate to be the guardian, ex officio, of 
 minors who have no 'parents or guardians. 
 
 5. (2) The resident magistrates of the colony shall be, ex 
 oMcio the guardians, within their respective districts, of all 
 such minors as in the last preceding section mentioned, which 
 minors have no parents or guardians within the colony, or none 
 discoverable, and such resident magistrates may lawfully in- 
 denture such minors. 
 
 Destitute children, how to be treated in the first instance. 
 
 6. When any parent or parents shall abandon or desert, or 
 by death shall leave, in a state of destitution any child under 
 
 (1) Where an apprentice, who had been duly articled before a Resident 
 Magistrate for a term of five years, during that period absented himself from 
 his master's service, and then agreed with the master that, instead of being 
 punished for such absence by the magistrate, he would work out the time he 
 had been absent after the expiration of the term of apprenticeship, but at the 
 eud of the five years repudiated the agreement, the master cannot withhold 
 the wages earned by the apprentice under his articles, on the ground that he 
 had not carried out the agreement to work out the lost time. 
 
 Costs follow the result, where an appeal is based upon a question of law 
 which is not ambiguous. Njoli v. Stewart, 1 E. D. C. 147. 
 
 (2) A magistrate has no power to sentence a prisoner, on his trial for theft 
 to be indentured as an apprentice, ft. v. Jan & Booy, Bucli, 1K74, p. 03.
 
 MASTERS, SERVANTS, AND APPRENTICES. 15 
 
 the age of sixteen y_ears, the person with whom such child Act is 1856. 
 shall have been so left, or by whom such child shall be found 
 in such state of destitution, shall, with all convenient speed, 
 give notice thereof to the nearest field-cornet, or directly to 
 the magistrate, in order that means may be taken for pro- 
 viding for the maintenance and education of such child, by 
 apprenticeship, in manner hereinafter mentioned ; and if any 
 person shall be duly convicted by any magistrate or other 
 competent court of detaining in his possession or employment 
 any_such destitute child as aforesaid for a longer period than 
 one month without giving such notice, every such person shall 
 forfeit and pav. at a rate not exceeding twenty, nor less than 
 five shillings for each month that such child shall have been 
 detained ; and every such sum so forfeited shall be paid into 
 the public treasury ; and all reasonable expense incurred in 
 giving such notice, and for the maintenance of such child until 
 removed by the proper authority, shall be paid from the said 
 treasury. 
 
 Destitute children how to le apprenticed. 
 
 7. The field-cornet or resident magistrate shall, upon re- 
 ceiving such notice as aforesaid, cause the child to be removed 
 to the residence of such magistrate, and the said magistrate 
 shall, unless when it shall be made to appear to him that the 
 child is actually not in a state of destitution, or is able 
 to earn his own livelihood (in either of which events he shall 
 decline to act in the case), cause such child to be lodged and 
 provided for at the public cost, until he shall have sufficiently 
 ascertained l.y inquiry, which he is hereby required to cause 
 to be made, \\hriher such child have any relative, lit, proper, 
 and, willing to maintain and take care of him, and if he shall 
 discover any such relative or relatives, he shall apprentice such 
 child, either to the sole relative, or to that one among the 
 several relatives of whom it shall appear most for the interest 
 -uch child to become the apnentice ; and if no such fit and 
 proper relative be found, he shall apprentice him, as soon as a 
 suitable opportunity can be found, to some fit and proper 
 person, until he shall have attained his eighteenth year, or in 
 the case of females, until their sixteenth year, or for any 
 shorter period that may be deemed advisable. And every
 
 16 LAWS RELATING TO 
 
 Act 151856. such magistrate shall give public notice in the Government 
 Gazette of the jiame of every such apprentice and of the person 
 to whom he shall have been apprenticed. 
 
 Maintenance and wages to be stipulated for on behalf of such 
 destitute children when apprenticed. 
 
 8. Due provision for the maintenance, clothing, and in- 
 struction of every destitute child so apprenticed shall be made 
 in every such contract of apprenticeship, and suitable wages 
 shall also be therein stipulated for, whenever such magistrate 
 or other proper officer shall deem that the child's service in 
 any part thereof will be worth wages ; and in apprenticing 
 every such child, either to a relative or stranger, it shall be the 
 duty of such magistrate or officer to make the best terms he 
 can for such child. 
 
 Form of contract in apprenticing destitute children. 
 
 9. All such contracts for the apprenticeship of destitute 
 children as aforesaid shall be drawn up as near as possible in 
 the following terms : 
 
 District of . 
 
 This contract of apprenticeship of A. B. (here insert the 
 designation of A. B. as accurately as possible), a destitute 
 child, witnesseth that C. D. (here describe C. D. as the 
 resident magistrate, or as the officer specially appointed 
 by the Governor to attest such contracts of apprenticeship 
 for the district, as the case may be), pursuant to the Act 
 No. in that case made and provided, does by these 
 presents apprentice the said A. B., aged years or 
 thereabouts, to E. F. (here insert the designation of 
 E. F. as accurately as possible), with him to dwell and 
 serve as an apprentice until (or for, as the case may be 
 here insert the age at which the apprenticeship is to 
 determine, or the term for which it is to endure), during 
 all which time the said apprentice shall faithfully and 
 honestly serve and obey his master ; and the said E. F., 
 for himself, his heirs, and executors, does hereby covenant 
 and agree with the said C. D., for and on behalf of the said 
 A. B., that he, the said E. F., shall teach and instruct,
 
 MASTERS, SERVANTS, AND APPRENTICES. 17 
 
 or cause to be taught and instructed, the said A. B. in Act 151856. 
 the (here insert the particular trade or occupation), in 
 the best manner that he can, during the said term, and 
 shall also duly provide, or cause due provision to be 
 made, for the education and religious instruction of the 
 said A. B. to the best of his ability, and shall, during 
 the said term, provide the said apprentice with suitable 
 and sufficient food, washing, lodging, and all other things 
 necessary and fit for such apprentice, and shall also pay, 
 as wages, to the said apprentice, the sum of (here insert 
 the terms at which the wages stipulated are to be pay- 
 able) ; and also, the said E. F. shall not assign or transfer 
 the said apprentice to any other person during the said 
 term, without the consent, in writing, first had and ob- 
 tained, of the magistrate or other proper officer having 
 power and authority to give such consent. 
 
 In witness whereof, we, the said C. D. and E. F., have set 
 
 our hands at on this the - - day of - - 18 
 
 (Here insert the signatures or marks of the parties ) 
 
 In presence of (here shall be inserted the signatures of at 
 least two witnesses, who have witnessed the execution of 
 the contract). 
 
 Covenants in such contracts to endure to successor in office of 
 tin ruatjiatratt; in whose favour tli^ij an- made. 
 
 10. In case the magistrate or other proper officer by whom 
 the contract for the apprenticeship of any such destitute child 
 as aforesaid shall have been entered into as aforesaid shall, by 
 death or otherwise, cease to act as such magistrate or officer, 
 then, and in that case, all the provisions and covenants in such 
 contract of apprenticeship contained shall endure in favour 
 of the successor of such magistrate or officer, duly appointed, 
 and such successor shall and may sue upon and take all other 
 benefit and advantage whatsoever of such provisions and 
 covenants, in like manner as if such successor had been 
 himself the person by whom such contract as aforesaid was 
 originally made.
 
 18 LAWS RELATING TO 
 
 Act 151856. 
 
 Such contracts of apprenticeship shall he in three parts, one to be 
 given to the master, one to the apprentice, and the third to be 
 filed in the office of the magistrate. 
 
 11. Every such last-mentioned contract of apprenticeship 
 shall be made and signed as aforesaid in three parts, one of 
 which parts shall be given to the master, and one to the 
 apprentice, and the_third shall bo filed and registered in the 
 office of the magistrate by whom it is attested ; or, where it 
 shall have been attested by any other officer specially appointed 
 as aforesaid, an entry of it shall be made in a book to be 
 kept by him for that purpose, and the said third part shall be 
 transmitted by him to the magistrate of the district in which 
 the master by whom such contract has been made usually 
 resides, to be filed and registered in his office. 
 
 Apprentice not to be assigned without consent of magistrate, or 
 u-Jti/.n apprentice shall be sixteen years, without his own consent. 
 
 12.^ No master shall or may Assign or transfer any ap- 
 prentice, having been apprenticed as aforesaid by any magis- 
 trate or other proper officer as aforesaid, to any other person, 
 without the consent, in writing, first had and obtained, of the 
 
 magistrate or other proper officer of the district in which 
 such master resides ; and in case such apprentice shall be of 
 the a.ge of sixteen years, or upwards, without the consent of 
 such apprentice himself. 
 
 CHAPTER IV. 
 
 RESPECTING THE EFFECTS OF THE DEATH, INSOLVENCY, AND 
 CHANGE OF RESIDENCE OF THE MASTER ; AND OTHER 
 CIRCUMSTANCES DISSOLVING CONTRACTS OF SERVICE 
 WITHOUT NOTICE. 
 
 Effect of death or insolvency of master upon the contract of service. 
 
 1. In the event of the death or insolvency (1) of the master, 
 the contract of service shall, except as hereafter excepted, 
 cease and determine after one month from the date of such 
 
 (1) Clark v. Denny, 4 E. D. C. 300.
 
 MASTERS, SERVANTS, AND APPRENTICES. 19 
 
 death or insolvency, in case the stipulated term of service shall Act 151856. 
 
 not sooner expire ; and up to the period of such determination of 
 
 such contract, such servant shall be entitled to claim his lull 
 
 wages and every other remuneration specified in such contract, 
 
 and shall be bound, if required, to perform his service for 
 
 the person legally representing the deceased or insolvent 
 
 master. 
 
 Effect of death or insolvency of master upon the contract of 
 apprentM&Jup. 
 
 2. In the event of the death or insolvency of the master 
 of any apprentice, or in the event of the apprentice being 
 jrevented. in the manner hereinafter in the sixth section of this 
 chapter particularly mentioned, from performing his service 
 or fulfilling his engagement at the place where the same ought 
 to be performed or fulfilled, such death, insolvency or pre- 
 vention shall In- a cniiii.lcte discharge of the contract <>f 
 apprenticeship, and if any sum shall have been really and 
 londf.de paid by or on behalf of such apprentice as aforesaid, 
 it shall be lawful for any magistrate having jurisdiction, or 
 other competent court, upon proof of such payment, to order, 
 in a summary manner, any sum which to the said magistrate 
 or court shall seem reasonable to be paid to or for the use of 
 such apprentice as aforesaid, by any such master as aforesaid, 
 or his legal representative ; regard being had, however, in 
 estimating such sum, to the amount of the sum originally paid 
 by or on behalf of such apprentice, and to the time during which, 
 such apprentice continued in the service of such master as 
 aforesaid; Provided always, that every such apprentice shall 
 be entitled to his full wages, or other remuneration, which 
 may have become due previous to such dissolution of the 
 contract of apprenticeship. 
 
 Effect of death or insolvency oj master where apprentice is 
 under or of the age of 16. 
 
 3. In the event of the death or insolvency of the master 
 of any child, who having been in a state of destitution, shall 
 have been apprenticed by a magistrate or other proper officer 
 in the rnanaer hereinbefore set forth, it shall be the duty of 
 
 c 2
 
 20 LAWS RELATING TO 
 
 Act 151856. such magistrate or other proper officer, in case such apprentice 
 shall, at the time of the death or insolvency of his former 
 master, be under the age of sixteen years, and unable to support 
 himself, to retake the charge and care of such child; and if 
 it shall be deemed expedient, jta apprentice again the said 
 child for any term within the limits prescribed by this bill for 
 the duration of apprenticeship to such fit and proper person as 
 such magistrate or other proper officer and such child, if of 
 the age of sixteen years or upwards, shall mutually approve 
 of and agree upon ; Provided that when such child has not 
 attained the said age of sixteen years, his consent shall not be 
 necessary in any case. 
 
 Widow of deceased master may adopt the contract of service. 
 
 4. The wife of the deceased master of every servant or 
 apprentice, hired or contracted to perform service, as a domes- 
 tie or agricultural servant, is entitled, if she shall so think fit, 
 to claim the service of such servant or apprentice during the 
 full period of the stipulated term of service, provided she shall 
 consent to perform, and shall perform, all the stipulations oF" 
 the contract in favour of the servant or apprentice which the 
 master was bound to perform. 
 
 On death of servant or apprentice, wages to be paid up to 
 period of death. 
 
 5. In the event of a servant or apprentice dying during 
 the currency of the stipulated term of service, his heirs, exe- 
 cutors, or other legal representatives, are entitled to claim 
 from the master the full wages and other remuneration dueT 
 to such servant or apprentice for the period which he had served 
 previously to his death, and no more. 
 
 Effect of change of residence of master upon the contract of 
 wvic.fi or apprenticeship. 
 
 6. No servant or apprentice (save as hereafter provided 
 as to persons apprenticed as destitute children), hired or 
 contracted to perform service at the residence of, or at any 
 particular place of trade or business, occupied by his master, 
 is, in the event of his master's removing his residence, or place
 
 MASTERS, SERVANTS, AND APPRENTICES. 21 
 
 of trade or business, out of the town, or (where such place Act 151856. 
 is not in any town) from the place in which by the contract 
 such servant or apprentice was bound to perform his service, 
 to any greater distance than two miles from such town or 
 place where, by the stipulations of the contract, such servant 
 or apprentice is not bound to reside in the house or on the 
 premises of his master, or out of the district of such town oF 
 plaee \\here such servant or apprentice is bound to reside in 
 the house or on the pivmises of his master, bound to per- 
 form his service at the place to which his master shall have 
 removed his residence or place of trade or business, without 
 the consent of such servant, or of the parents or guardians of 
 such apprentice ; but such consent shall in all cases be 
 deemed and taken to have been given whenever it shall be 
 proved that such servant, or apprentice, being one not bound 
 to reside in the house or on the premises of his master, has 
 performed, or in the case of an apprentice, been knowingly 
 permitted and allowed by his parent or guardian to perform, 
 at the new residence or place of trade or business of his 
 master, any service to his master of any kind which he was 
 bound by the contract to perform, or being one bound to 
 reside in his master's house or premises, lias puie to and 
 remained, and in the ease of an apprentice, been permitted 
 and allowed by his parent or guardian to go to and remain 
 in such house or on such premises, for one week after his 
 master's removal thereto. 
 
 The master of an apprentice, who slw.ll have been a destitute 
 child, may remove such apprentice* with permission o 
 
 magistrate. 
 
 7. The master of any apprentice who has been apprenticed 
 to him in manner hereinbefore provided as a destitute child is 
 entitled, without limitation or restraint, to remove such appren- 
 tice to and to exact the performance of the service stipulated 
 in the contract wherever such master may have removed his 
 residence or place of trade or business within this colon)', 
 upon Diving notice of his int>-ntion so to do before his depar- 
 ture to the magistrate of the district which he is going to 
 leave, and the magistrate, upon receiving such notice, shall
 
 22 LAWS RELATING TO 
 
 Act 151856. endorse the same on the thirdj^art of the contract of appren- 
 _ticeship registered and filed by him ; and on such removal 
 taking place, forthwith transmit such third part to the magis- 
 trate of the district to which such an apprentice shall be 
 removed, to be by him duly registered and filed in manner 
 hereinbefore provided. 
 
 Certain servants and apprentices hound to make certain 
 journeys, if required. 
 
 8. No servant or apprentice, hired or contracted to perform 
 domestic service, may lawfully refuse to accompany his master, 
 or any of his family, by desire of his master^n any journey 
 within this colony, or in the course of such journey to perform 
 every such service as, by reason of his contract of service or 
 apprenticeship, he would be bound to perform in his master's 
 house or on his premises ; and no servant or apprentice may 
 lawfully refuse to go on any journey within this colony on 
 which his master shall order him to go, or in charge of, or to 
 drive, herd, tend, or take care of any carriage, horse, or any 
 kind of cattle, the property or in the lawful possession of or 
 under the lawful control of his master, which such servant or 
 apprentice would, by reason of his contract of service or 
 apprenticeship, be bound to ride, drive, herd, tend or take care 
 of, or charge of, at his master's residence or on his premises : 
 Provided always, that there shall be reasonable ground for 
 believing that such journey may and will be performed Jjefore 
 the expiration of the stipulated term of the service of such 
 servant or apprentice ; and that such master shall be bound to 
 provide such servant or apprentice with food and every other 
 thing which may be necessary and proper to enable such 
 servant or apprentice to perform such journey, and to return to 
 the residence or premises of his master before the expiration of 
 the term of service. 
 
 No servant or apprentice shall lie bound to accompam 
 
 master or go out of the colony without special agreement 
 or consent. 
 
 9. No servant or apprentice shall be bound to accompany 
 Jiis master or _tp go out of this colony, without the special
 
 MASTERS, SERVANTS, AND APPRENTICES. 23 
 
 agreement or consent of such servant, or of the parent or Act 151856 
 guardian of such apprentice, or when such apprentice is of the 
 full age of sixteen years, without, also, the consent of such 
 apprentice. 
 
 Where servant not bound to accompany his master to new 
 
 residence, contract dissolved l>y master's removal. 
 
 10. When any servant not being bound or obliged to accom- 
 pany his master, or go to any place to which the master shall 
 remove his residence or place of trade or business, or to which 
 the master shall order such servant to go, shall decline or 
 refuse so to do, the contract of service shall, from the date on 
 which the servant shall be prevejjtSI from performing his 
 Stipulated service at the place where the same was to have 
 
 been performed, stand dissolved, and such servant shall be 
 
 entitled to claim from the master sucn wages or other remu- 
 neration, at the rate specified in the contract of service, as shall 
 have been earned up to the time of the refusal before men- 
 tioned, together with wages and remuneration after th 
 
 aforesaid forjthe period of one month additional, or until the 
 expiration of the contract of service, in case it shall expire 
 
 within one month from the time of sueh refusal : Provided 
 always, that when notice of his intention to remove as aforesaid. 
 or to send such servant as aforesaid, shall have been given by 
 such master, sueh additional wages and remuneration shall not 
 in any case be" due or payable for any period longer tnan one 
 month from the date of sueh 
 
 Any special agreement touching change of residence to be good. 
 
 11. Nothing herein contained shall annul or affect any 
 
 special agreement or stipulation, made in any contract of 
 
 pprenticeship, whereby the servant or apprentice 
 
 .1 be bound to accompany > any p! 
 
 to which the master shall remove his residence or place of 
 trade or busines>, or order such servant or apprentice to go and 
 there perform the service stipulated in such contract.
 
 24 LAWS RELATING TO 
 
 d Krj'cct of marriage of female servant or apprentice, as to rigid 
 
 ofjiusband. 
 
 12. When any female servant or apprentice shall be lawfully 
 married during the currency of her stipulated term of service, 
 IHT husband may at any time subsequent to such marriage 
 dissolve the contract of service or apprenticeship, and remove 
 his wife from her master's service, if he shall think fit so to do, 
 and shall be entitled to claim the wages and other remuneration 
 which may have become due to her, for services previously to 
 such removal, but shall be liable to her master for all damage 
 which her master may sustain by such removal. But such 
 damages shall in no case exceed the amount of the wages 
 \\hirh she would have earned between the time of her marriage, 
 and the time of the expiration of her service, had she continued 
 in such service until such expiration. 
 
 Effect of marriage or pregnancy of female servant or apprentice, 
 
 as to tlie ri 'jlits of master. 
 
 13. The master of any female servant or apprentice, who 
 during the currency of her stipulated term of service, shall 
 marry or enter into any state which in this colony is or shall 
 be reputed to be the marriage state, shall, where such servant 
 or apprentice is, by her contract of service or apprenticeship, 
 bound to reside or to perform domestic service in the house 
 or on the premises of her master, j>e entitled, at any time 
 subsequent to such marriage or reputed marriage, to dissolve 
 such contract and dismiss such servant or apprentice, and when 
 such servant or apprentice is not by such contract bound to 
 reside or to perform domestic service, in the house or the 
 premises of her master, he shall be entitled to dissolve such 
 contract, and dismiss such servant or apprentice from his 
 service, whenever she shall, by reason of her pregnancy or 
 delivery of a child. Inrnmr disabled from performing the 
 service which, by such contract she is bound to perform ; but 
 any such servant or apprentice so dismissed on account of her 
 marriage, or entering into a state so reputed as aforesaid to be 
 the marriage state, or of pregnancy or delivery of child, shall 
 be entitled to claim from her master the wages and every other
 
 MASTERS, SERVANTS, AND APPRENTICES. 25 
 
 remuneration which shall have become due to her for her Act 15 1856. 
 services previously to the date of such dismissal; and the 
 master, before being entitled to dismiss such servant or appren- 
 tice, shall be bound to pay and satisfy the same. 
 
 CHAPTER V. 
 
 OF THE JURISDICTION OF THE RESIDENT MAGISTRATES 
 IN CASES BETWEEN MASTERS AND SERVANTS AND 
 
 APPRENTICES. 
 
 Jurisdiction of resident magistrates in cases between masters and 
 their servants and apprentices. 
 
 1. The resident magistrates within the colony have juris- 
 diction in all cases arising in their respective districts between 
 masters and their servants and apprentices, and with reference 
 to their relative rights and duties, or to any matter or thing, 
 or offence, as to which provision is made by this bill. 
 
 Resident magistrates have jurisdiction or>r all pt-rsons within 
 tlieir respective districts. 
 
 2. Every resident magistrate has jurisdiction in any such 
 case as aforesaid, brought before him against any person being 
 at the time within his district, whether the grounds of such 
 case arose within the district or not, or whether the person 
 against whom th> - brought has his usual residence or 
 
 o - 
 
 place of abode in that district or not ; but the magistrate 
 shall, whenever it shall appear to him that any such case can 
 be more conveniently tried or determined by the resident 
 magistrate of any other district, dismiss such case, and, in the 
 event of his doing so, when the servant or apprentice is 
 accused of desertion, and when he shall have probable cause 
 shown to him, by oath or affidavit, of any credible person, for 
 believing this to be the fact, such magistrate may, if he think 
 fit, issue a warrant for the conveyance, under sure custody, <>t 
 such servant or apprentice to the town or place where the 
 court of such other magistrate is held; Provided the master
 
 26 LAWS RELATING TO 
 
 Act 15 1856. shall undertake to pay the expense of such conveyance, and 
 the magistrate by whom the cause shall be ultimately trie3. 
 and decided shall adjudge by which of the parties the said 
 expenses shall be paid. 
 
 3. [ 3-9 repealed by 21 of Act 18 of 1873.] 
 
 Definition of punishment for servant refusing to resume his 
 
 service after undergoing imprisonment. 
 
 10. If any servant or apprentice, whose contract of service or 
 apprenticeship still subsists, shall, upon being discharged from 
 prison after undergoing imprisonment under this Act, refuse 
 or neglect, upon his master's request, to resume his service 
 under his contract, he shall be liable to be imprisoned with or 
 without hard labour for any period not exceeding one month, 
 and so on for successive periods, not any of them exceeding 
 one month, until he shall consent t'o resume, and shall resume, 
 his service under his contract; and every such period of 
 imprisonment, or so much thereof as the convicting magistrate 
 shall adjudge, may be with solitary confinement with or 
 without spare diet, or with spare diet with or without solitary 
 confinement : Provided, however, that no servant or apprentice 
 shall, under this Act be imprisoned continuously, and without 
 any intermediate resumption of service, under his contract, for 
 longer than six months in all. 
 
 period of imprisonment of servant to be added to the term_of 
 service stipulated in the contract. 
 
 11. When any period of^mprisonment shall be undergone 
 by any servant ;or apprentice for any offence under this Act, 
 a like period shall be added to the term of service stipulated 
 
 for in the contract of service or apprenticeship, as it subsisted 
 when such imprisonment was commenced, so that such servant 
 or apprentice shall be obliged to serve a further period equal 
 to the period of his imprisonment, in addition_to the term of 
 service originally stipulated.
 
 MASTERS, SERVANTS, AND APPRENTICES. 27 
 
 Period during which any servant shall have absented himself Act ! _ 
 from the service of his master to le added to the term of 
 service originally stipulated. 
 
 12. (1) When the offence of which any servant or apprentice 
 shall be convicted under this Act, shall be the offence of 
 absenting himself from, or of departing from, the service of his 
 master, then the period of his absence shall be added to the 
 term of service originally stipulated, in like manner as in the 
 last preceding section directed in regard to the period of 
 imprisonment therein mentioned ; and it shall be the duty 
 of the magistrate convicting such servant or apprentice, to 
 ascertain, at the trial, the period of absence, and to certify the 
 same by some writing under his hand, to be delivered to the 
 master, and the period mentioned in such writing shall, by all 
 courts and in all places, be deemed to be added to the original 
 term of service. 
 
 Compensation by servant for loss of or damage to property 
 of master. 
 
 13. As often as any property of the master shall be lost 
 or damaged by means of any act or omission of his servant 
 
 or apprentice, which act or omission is by this Act declared 
 to be an offence, it shall be lawful for the magistrate, should 
 he so think fit, and the master shall thereto agree, to ascer- 
 tain whether such servant or apprentice is able to make 
 compensation for such loss or damage, and if so, to fix the 
 amount of such compensation, and make such order as to 
 the payment thereof, either at once or by instalments out of 
 wages to be yet earned, or otherwise, as shall seem reasonable 
 and just, and in the meantime, and until default made in 
 such payment, or in the payment of such some instalment, 
 to defer passing sentence upon the party offending; but such 
 magistrate shall preserve on record the evidence in the case, 
 and, upon application of the master, and proof given, upon 
 oath, of some such default as aforesaid, shall issue his war- 
 rant for the apprehension of such servant or ice, and 
 
 shall pronounce upon him such sentence as, regard being had 
 to the circumstances of the original offence, and to the degree 
 
 (1) Njoli v. Sttwart, 1 E. D. C. 147.
 
 28 LAWS DELATING TO 
 
 Act 151856. in which such servant or apprentice has made, or failed to 
 make, the compensation ordered, shall appear equitable and 
 just. (1) 
 
 Cancellation of contract for misconduct of servant. 
 
 14. As often as the master of any servant or apprentice, 
 who shall be convicted of any offence under this Act, shall^ 
 desire the cancellation of the contract of service or appren- 
 ticeship, the magistrate, should he so think fit, may order 
 the cancellation of the same^ and the same shall be cancelled 
 accordingly ; Provided that such cancellation shall not prevent 
 the execution of any sentence which the magistrate may 
 pronounce or may have pronounced upon the offender for his 
 offence. 
 
 Cancellation of contract on groundless accusation by 
 the master. 
 
 15. As often as the master shall have caused any servant or 
 apprentice to be brought before the magistrate to answer any 
 charge preferred against him by such master, and such master 
 shall fail in obtaining the conviction of such servant or 
 apprentice, then the magistrate should he so think fit, may, at 
 the desire of such servant or apprentice, order the cancellation 
 of the contract of service or apprenticeship, and the same shall 
 be cancelled accordingly. 
 
 16. [ 16-20 repealed by 21 of Act 18 of 1873.] 
 
 (1) Where upon a trial and conviction for theft of stock the owner of the 
 stock applies for judgment against the prisoner, who was his servant, for the 
 damage suffered, the proceedings should be taken under Act 16 of 1864, 4, 
 and not under the Masters and Servants Act, No. 15, 1856, section 13. 
 
 Where compensation is asked against a prisoner convicted of theft of stock, 
 the value of the property stolen must be proved. Queen v. Jack, 2 E. D. C7 
 388T" 
 
 A servant convicted for breach of duty whereby his master's property is 
 lost, cannot be sentenced to imprisonment and to pay the value of the 
 property lost. Queen v. Whitbooy, 2 E. D. C. 161. 
 
 If a servant Kas goods of his master in his possession, and by a subsequent 
 contract, either by pledge or sale, the property is intended to be passed to the 
 servant, there need not be an actual fresh delivery, per De Villicrs C.J. 
 Assignees v. Cavanayh, 2 Juta 122.
 
 MASTERS, SERVANTS, AND APPRENTICES. 29 
 
 Actions by servants to compel delivery of property detained. Act is 1856. 
 
 21. (1) Tlie magistrates of this colony have jurisdiction in any 
 civil case instituted by any servant or apprentice, to compel the 
 delivery of any of his cattle, sheep, goats, or other animal*, 
 lawfully running or "being upon his masters land, and which his 
 master shall, either before or after the expiration of the contract of 
 service or apprenticeship, -upon demand made, and without laii-fn.l 
 cause, have refused to deliver or permit to be taken away ; and in 
 case it shall be made to appear that the ma*t< r had no reasonable 
 and probable cause for believing that the animals i,i fj nation were 
 lawfully detained, the magistrate shall, besides giving jn<l< intent for 
 the delivery of such animals, and for costs, impose, at the same time, 
 upon the master, a fine not exceeding one pound for every animal 
 so unlawfully detained : Provided, however, that tJie total amount 
 of the fine so payable^ shall not exceed the sum of five pounds 
 altoij ether ; such fine to be recoverable in like manner as the said 
 costs, but, when recovered, to be applied as by this Act directed, in 
 regard to fines in criminal cases: Provided that neither the fact 
 that tJie contract of service or apprenticeship of such servant or 
 apprentice has not yet expired, nor the fact that money is due or 
 alleged to be due by such servant or apprentice to the master, shall 
 be deemed or taken to be, of itself, reasonable and probable cause 
 for such detention: Prov'll. however, tliat nothing herein 
 contained shall impair the effect of any express contract of 
 la iff nl kind, by force of which the master shall claim a right to 
 retain any such animals "s afor>-*<ii<L 
 
 '2-2. [ -2-2 & '23 repealed by '21 of Act 18 of 1873.] 
 
 Contract may be cancelled if the master has wrongfully 
 
 assaulted his servant or apprentice. 
 
 24. As often as any mast IT shall be convicted of wrongfully 
 and unlawfully assaulting his servant or apprentice, the 
 convicting magistrate may, should he so think lit, and should 
 the servant or apprentice so desire, order the cancellation of 
 the contract of service or apprenticeship, ami the same shall be 
 cancelled accordingly. 
 
 J.>. [ 25 & 26 repealed by 21 of Act 18 of 1873.] 
 
 (1) This section is n-pcuU-cl by Act 18 of 1873, but is reprinted in view of 
 the provisions of 3 Act 14 of 1S70 (( 'attic Ilcinnval") ; si e, however, If), Act 
 18 of 187:5, //)/,'.
 
 30 LAWS RELATING TO 
 
 Act 151856. 
 
 Detaining a child under 16 years of age. 
 
 27. If any child under the age of sixteen years shall be 
 wrongfully detained by any person as a servant or inmate, the 
 resident magistrate of the district in which it shall be so 
 detained, shall have jurisdiction to order the restoration of such 
 child to such of its parents as would, under this Act, be entitled 
 to apprentice such child, if then about to be apprenticed : 
 Provided, however, that should it be made to appear, upon the 
 hearing of any such case, jthat the person complained against 
 originally obtained the said child in a lawful manner, and when 
 an infant under the age of five years, and that the parent 
 claiming the same has so acted in reference to the said child, 
 and to the person bringing it up, as to make it a breach of 
 good faith on the part of such parent to seek to take it away, 
 as he or she now seeks to do, and that from the character of 
 the said parent, the purpose for which he or she appears to 
 desire to obtain possession of the said child, or other cir- 
 cumstances, it will be for the manifest benefit of the said child 
 to remain with the person with whom it is residing, rather than 
 to be delivered to the parent applying, then the magistrate 
 shall refuse to order the delivery of the said child, leaving it 
 'to the parent applying for the same to take such other pro- 
 ceedings, if any, as he or she may be advised; and such 
 magistrate may, in the meantime, authorize the person rearing 
 up such child to retain possession thereof. 
 
 Attorney -General and the clerks of the peace to act for 
 servants, respondent, in cases of appeal to Supreme or 
 circuit court. 
 
 28. In any case between a master and his servant, or 
 apprentice, in which the resident magistrate shall have given 
 judgment in favour of such servant or apprentice, and such 
 
 jnaster shall appeal from such judgment, or apply to have the 
 same reviewed, it shall be the duty of the Attorney-General, in 
 case such appeal or application shall be brought before the 
 Supreme- Court, and of the clerk of the peace for the district 
 in which such judgment was made, in case such appeal or 
 application shall be brought before the circuit court (provided
 
 MASTERS, SERVANTS, AND APPRENTICES. 31 
 
 the said Attorney-General or such clerk of the peace shall be Act 151856 
 
 called on so to do), to appear for and conduct the case of such 
 
 servant or apprentice, free of all charge or expense whatever, 
 
 and the judge of the circuit court is hereby empowered, upon 
 
 the motion of any such clerk of the peace, to assign counsel to 
 
 act gratuitously for such servant or apprentice^yhenever such 
 
 judge shall be of opinion that it is lit and proper so to do. 
 
 CHAPTER VI. 
 
 RESPECTING CHARACTERS GIVEN BY MASTERS TO SERVANTS 
 OR APPRENTICES. 
 
 No master is bound to give a character of a servant. 
 
 1. No master is bound to give a character to any servant <>r 
 apprentice, who is or has been in his service, or to assign any 
 
 reason for refusing to give it. 
 
 Consequences of knowingly giving a false character. 
 
 2. Every master who shall knowingly have given any false 
 character to any servant or apprentice is liable to make com- 
 pensation for any loss or damages which any third party, who, 
 by reason of such character so given, has been induced to take 
 such servant or apprentice into his service, has sustained by 
 the misconduct of such servant or apprentic 
 
 or with reference to any matter to which such character so 
 given was false. 
 
 Penalties for counterfeit certificates of character and false 
 
 r> presentations. 
 
 3. Every person who for the, purpose of giving a character 
 to any servant or apprentice, or other person intending to offer 
 himself to be hired as a servant, shall forge or counterfeit and 
 utter any certificate of such servant s or apprentice's character, 
 or shall falsely personate any other person, and as such, either 
 personally or by writing, give ai :<>rged, or counterfeit 
 character, or certificate of character, of any such servant
 
 32 LAWS RELATING TO 
 
 Act 151856. apprentice, or other person offering or intending to offer to 
 hire himself as a servant ; and every person who shall offer to 
 hire as a servant, asserting or pretending that he has served 
 m any service in which he has not actually served, or with a 
 false, forged., or counterfeit certilicate of character, or shall in 
 any wise add to or alter, by effacing, or erasing, or inserting 
 any word or date, in any certificate given to him by his present 
 or any former master, or by any other person duly authorized 
 by any such master to give the same, and shall use, or attempt 
 to use, the same, as an inducement to hire him, shall, on 
 conviction thereof, incur and be liable to a fine not exceeding 
 fifty pounds, nor less than ten pounds, or to be imprisoned for 
 any period not exceeding one year, nor less than one month, or 
 to both such fine and imprisonment. 
 
 CHAPTER VII. 
 
 RESPECTING THE CONSTRAINTS OF MASTERS, SERVANTS, AND 
 
 ArrRENTICES. 
 
 Definition and punishment of unlawful interference ivith servants 
 or apprentices, in order to prevent them from entering into 
 or completing contract of service or apprenticeship. 
 
 1. Any person who shall by violence to the person or 
 property, or by threats or intimidation, or by molesting, or in 
 any way obstructing another, force or endeavour to force any 
 servant or apprentice to depart from his service or work, or to 
 return his work to his master before the same shall be finished, 
 or to prevent or endeavour to prevent any servant or other 
 person, not being hired or employed, from hiring himself to, or 
 accepting service or work from any person, or force or induce, 
 or endeavour to force or induce, any such servant or apprentice, 
 or other such person, to belong to any club or association, or to 
 contribute to any common fund,_pr shall use or employ violence 
 to the property of another, or threats or intimidation, or shall 
 molest or in any way obstruct another on account of his not 
 belonging to any particular club or association, or not having 
 contributed, or having refused to contribute, to any common
 
 MASTERS, SERVANTS, AND APPRENTICES. 33 
 
 fund, or to pay any fine or penalty, or on account of his not Act 151856. 
 having complied, or of his refusing to comply, with any rules, 
 orders, resolutions, and regulations, made to obtain an advance 
 or to reduce the rate of wages, or to lessen or alter the hours 
 of working, or to decrease or alter the quantity of work, or to 
 regulate the mode of carrying on any manufacture, trade, 
 business, work, or labour, or the management thereof; or who, 
 by any such violence, thrt-ats. intimidation, molestation, or 
 o, or endeavour to torn-, any manufacturer, 
 
 or person carrying on any trade, business, work, or labour, or 
 tged in agriculture, to make any alteration in his mode of 
 regulating, managing, conducting, or carrying on the same, or 
 to increase or limit the number of his apprentices or servants, 
 shall on conviction thereof before any resident magistrate, or 
 other competent court, be imprisoned with or without hard 
 labour, for any period not exceeding three months. 
 
 Definition and protection of lawful acts and associations. 
 
 2. Provided always that nothing herein contained shall 
 extend to subject to punishment any persons who shall meet 
 
 ther for the sole purpose (( f consulting upon and de; 
 mining the rate of wages or prices which the persons present 
 at that meeting, or any of them respectively, shall require or 
 demand for his or their service or work, or shall pay his or their 
 servants or apprentices for their service or work, or who shall 
 enter into any agreement, verbal or written, among themselves, 
 for the purpose of tixing the rate of wages or prices, which 
 rate of wages or prices the persons entering into such agree- 
 ment, or any of them, shall require or demand for his or their 
 Ice or work, or pay to his or their servants or apprentices 
 for their service or work, or of fixing the number of hours of 
 work which he or they will work, or will require his or their 
 servants or apprentices to work in any manufacture, trade, 
 business, labour, or agriculture, and that no such persons so 
 meeting together, or entering into any such agreement 
 aforesaid, shall be liable to any penalty or prosr.-ution for SO 
 doing.
 
 : -"> 
 
 LAWS RELATING TO 
 
 S 1873. 
 1$S 
 
 No. 181873.] (1) AN ACT [June 26, 1873. 
 
 To AMEND ACT No. 15, 1856, INTITULED " AN ACT TO AMEND 
 THE LAWS REGULATING THE RELATIVE ElGHTS AND 
 DUTIES OF MASTERS, SERVANTS, AND APPRENTICES." 
 
 Preamble. 
 
 WHEREAS it is expedient to amend the Act No. 15 of 1856, 
 intituled " An Act to amend the Laws regulating the relative 
 Eights and Duties of Masters, Servants, and Apprentices : " 
 Be it therefore enacted by the Governor of the Cape of Good 
 Hope, with the advice and consent of the Legislative Council 
 and House of Assembly thereof, as follows : 
 
 Fourth section of chapter 2 of Act 15 of 1856 repealed. Written 
 contract of service not valid for more than one year except 
 on certain conditions. 
 
 1. (1) The fourth section of chapter 2 of Act No. 15 of 1856, 
 intituled " An Act to amend the Laws regulating the relative 
 Eights and Duties of Masters, Servants, and Apprentices," 
 shall be and the same is hereby repealed ; and from and after 
 the promulgation of this Act no written contract of service 
 entered into in this Colony shall be valid or binding for a 
 Jxmger period than^one year from the date thereof, nor shall 
 any contract for service in writing be valid or binding in any 
 case on any servant, unless the service so contracted for shall 
 be stipulated to commence within the period of one month 
 from the date of the contract, except the contract be signed 
 with the name, or, in case of illiterate persons, with the 
 mark, of the contracting parties, in the presence of a magis- 
 trate, or other jroper officer, described in the second section 
 of Act No. 15 of 1856, who shall satisfy himself by inquiry of 
 the servant or apprentice that the contract was entered into 
 
 (1) A prisoner cannot be convicted of a contravention of the Masters and 
 Servants Law Amendment Act, 1873. alleged to have been committed beyond 
 the jurisdiction of the Supreme Court of this colony. Queen v. Baartman 
 Jakhals, 3 E. D. C. 118.
 
 MASTERS, SERVANTS, AND APPRENTICES. 35 
 
 by the parties voluntarily, and with a clear understanding of Act 181873. 
 its meaning and effect, and shall then, and not till then, 
 subscribe such written contract in attestation of that fact. 
 
 Definition of punishment for certain acts of misconduct 
 committed by servants or apprentices. 
 
 2. (1) Any servant or apprentice may be fined any sum not 
 ling one pound sterling, and in default of payment of 
 the same may be imprisoned, with or without hard labour, for 
 any period not exceeding one month, in case he shall be 
 'oi meted of any of the following acts or instances of mis- 
 conduct, that is to say : 
 
 L . I f he shall, after having entered into a contract, fail or 
 refuse, without lawful cause, to commence the service 
 at tin- stipulated time. 
 
 2. If he shall, without leave or other lawful cause, absent 
 
 himself from his master's premises, or other place 
 proper and appointed lor the performance of his work. 
 
 3. If he shall, during working hours, unfit himself for the 
 
 proper performance of his work by becoming or being 
 intoxicated. 
 
 4. If he shall neglect to perform any work which it was his 
 
 duty to have performed, or if he shall carelessly or 
 improperly perform any work which from its nature, it 
 \\as his duty, under his contract, to have performed 
 rareiully ami properlv. 
 
 5. If he shall, without leave and for his own purposes, make 
 
 use of any horse, vehicle, or other property belonging 
 to his master. 
 
 (1) Special J.P. has jurisdiction to try offences against this section. See 
 0, 1882 (Administration of Justice). See Act 30, 1889, infra. 
 
 When- a servant is accused of refusing to do his duty and desertion, he 
 must l>e. charged with contravening the appropriate sections of the statute 
 which render these acts punishable offences. 
 
 A servant contravening sections 2 or 7 of the Act 18 of 1873 cannot on a 
 first conviction he sentenced to imprisonment without the :i tine. 
 
 Queen v. Police, '2 K. 1>. <\ 391. Queen v. ./*, 2 High Court 
 
 Spare diet cannot be imposed in th a first cqnviction for contra- 
 
 vention ..f sect i..n 2 of Act 18 of 1873. Queen v. Elsie Oliphant, 5 E. D. C. 
 330. See also Pentz v. Solomon & Co., Foord 52. 
 
 D 2
 
 36 
 
 LAWS DELATING TO 
 
 ?i873. 6. K he shall Defuse to obey any command of his master, or 
 of any person lawfully placed by his master in authority 
 over him, which command it was his duty to obey. 
 
 7. If he shall make any brawl or disturbance in or at his 
 
 master's dwelling-house, or on his master's farm, and 
 after being, by his master or any other person placed 
 by his master in authority over him, desired to desist, 
 shall, notwithstanding, continue making such brawl or 
 disturbance. 
 
 8. If he shall use any abusive or insulting language to his 
 
 master, or to his master's wife, or to any person placed 
 by his master in authority over him, calculated to 
 provoke a breach of the peace. 
 
 Definition of pu/nishment under either the next ensuing section 
 or the last preceding section in case of a second or further 
 
 conviction. 
 
 3. (1) In case of a second conviction under the last pre- 
 ceding section, or of more such convictions than a second, 
 within the space of six months next after any former conv ict ion , 
 the offender may, in regard to such second or any further 
 conviction, J)e fined any sum not exceeding three pounds 
 sterling, and in default of payment thereof may be imprisoned 
 and kept at hard labour for any period not exceeding six 
 weeks, and shall bo liable during such imprisonment (or so 
 much thereof as the convicting magistrate shall adjudge) to 
 be kept in solitary confinement with or without spare diet, or 
 on spare diet with or without solitary confinement, subject as 
 hereafter is mentioned, and upon a conviction under the next 
 ensuing section of this Act followed within six months by a 
 conviction under the last preceding section, the oiTenJeF shall 
 lc liable to the like punishment, as if both convictions have 
 been had under the last preceding section. 
 
 Definition of punishment for acts of misconduct of a more serious 
 nature committed by servants or apprentices. 
 
 4. (1) Any servant or apprentice may be fined any sum not 
 exceeding three pounds sterling, and in default ot payment, 
 
 (1) See Act 30, 1889, 2, infra.
 
 MASTERS, SERVANTS, AND APPRENTICES. 37 
 
 may be imprisoned, with or without hard labour, for any Act 181873. 
 period not exceeding two nionths ; or may be imprisoned 
 without the infliction of any fine, at the discretion of the 
 magistrate, with or without hard labour, tor any period not 
 exceeding two months, and during such imprisonment as in 
 this section is mentioned, may be kept in solitary confinement 
 with or without spare diet, or on span- diet with or without 
 solitary confinement, subject as hereafter in the nineteenth 
 section is mentioned, in case he shall be convicted in any of 
 the following acts or instances of misconduct, that is to say : 
 
 1. It In- shall by wilful breach of duty, or by neglect of 
 
 duty, or through drunkenness, do any act tending to 
 the immediate loss, damage, or serious risk of any 
 property placed by his master in his charge, or placed 
 by any other person in his charge for delivery to or on 
 account of his master. 
 
 2. If~he shall by wilful breach of duty, (1) or by neglect of 
 
 duty, or through drunkenness, refuse or omit to do any 
 lauful act proper ami requisite to be done by him for 
 preserving in safety any property placed by his master 
 in his charge, or placed by any other person in his 
 charge for delivery to or on account of his master. 
 
 3. It' being employed as a herdsman, he shall fail to report 
 
 to his master the death or loss of any animals placed 
 in his charge, which he shall allege to have died or 
 been lost, on the earliest opportunity for so doing after 
 he shall have discovered or in the course of duty was 
 bound to have discovered, such death or loss, or if he 
 shall fail to preserve for his master's use or inspection 
 any part or parts of any such animal as he shall allege 
 to have died which part or parts he shall by his master 
 have been directed to preserve, ('2) unless such herdsman 
 shall prove to the satisfaction of the court the death of 
 such animals, or if it shall be made by his master to 
 appear that any such animal or animals alleged by him 
 to have strayed away or otherwise become irrecoverably 
 
 (1) A servant convicted under cla . tion 4 of Act No. IS of 1873, 
 
 of breach of duty wherehy his master's property is lest, cannot ue sentenced to 
 imprisonment and to pay the value <>f the pr>|*.Tty lost. (Ju i< v. M7///,'<//, 
 I' K. l>.r. 101. (2)1 -I ut.
 
 38 LAWS RELATING TO 
 
 Act 181873. lost, could not, under the circumstances of the case, 
 
 have become irrecoverably lost without his act or 
 default. 
 
 4. If, being employed in any capacity other than that of a 
 
 herdsman, he shall allege the loss of any property 
 placed in his charge by or for his master, and it shall 
 be made by his master to appear that the property in 
 question could not have been lost without his act or 
 default. 
 
 5. [Repealed by 4, Act 7, 1875.] 
 
 6. (1) If he shall, without lawful cause, depart from his 
 
 master's service, with intent not to return thereto. 
 
 
 
 Definition of punishment under either the last preceding section or 
 the second section in cases of a second, or further conviction. 
 
 5. (2) In ease of a second conviction under the last pre- 
 ceding section, or of more such convictions than a second, 
 within the space of six months next after any former conviction, 
 the offender may, in regard to such second or any further 
 conviction, be fined any sum not exceeding five pounds 
 sterling, and in default of payment thereof may be imprisoned 
 and kept at hard labour for any period not exceeding three 
 months, or may be imprisoned, without the infliction of any 
 line, at the discretion of the magistrate, with or without hard 
 labour, for any period not exceeding three months, and shall 
 be liable during such imprisonment as in this section is 
 mentioned, or so much thereof as the convicting magistrate 
 shall adjudge, to be kept in solitary confinement, with or 
 without spare diet, or on spare diet with or without solitary 
 confinement, subject as hereafter mentioned ; and upon a 
 conviction under the second section of this ActTToTIowed 
 within six months by a conviction under the last preceding 
 section, the offender shall be liable to the like punishment as 
 if both convictions had been had under the last preceding 
 section. 
 
 (1) See 2, Act 7, 1875, infra. 
 
 (2) See Act 30, 1889, 2, infra.
 
 MASTERS, SERVANTS, AND APPRENTICES. 39 
 
 Act 18 1873. 
 No fine or imprisonment shall Jiave the effect of cancelling 
 
 a contract. 
 
 6. (1) No fine paid or period of imprisonment undergone 
 under this Act by a servant or apprentice shall have the effect 
 of cancelling the contract of service or apprenticeship. 
 
 Certain exception from the second to sixth section, ntfluxii'e, and 
 the ninth section. Provision for tin- ^nui^tmi.-nt of servants 
 I'l-'-ntii-cx ofhi-r than those engaged in agriculture or 
 employed to work on farms. 
 
 7. (2) Nothing in any of the preceding sections from 
 
 second to sixth, both inclusive, nor in section nine, shall 
 
 iily to servants or apprentices under the age of 
 
 sixteen years, or to servants or apprentices other th;in these 
 
 engaged in agriculture or employed to work on farms: 1'ro- 
 
 vi'led, however, that any servant or apprentice other than 
 
 those engaged in agriculture or employed to work on farms as 
 
 last mentioned, not being under sixteen years of age, may : 
 
 1. If he shall, after having entered into a contract, fail or 
 
 refuse \\ithout ]a\\ful cause to commence the service at 
 
 the stipulated time : 
 
 '2. If lie shall, without leave or other lawful cause, absent 
 himself from his master's premises, or other place proper 
 and appointed for the performance of his work : (15) 
 
 (1) See Act 30, 1889, 2, infra. 
 
 (2) See note to 2. See also Act 30, 1889, infra. 
 
 (8) In the case of liop<-r v. Af<in* I'rlutin'i <u<d I'ullislting Company, 
 heard on appeal in the Supreme Court on the 1'Jth of April, ISSH, from a 
 judgment of the Resident Magistrate of Cape Town, the summons set forth 
 that appellant by absenting himself from service between the 26th March and 
 the 1st April last had contravened the Masters and Servants Act. To this 
 the appellant (the defendant in the court below), before pleading took 
 ; inn, on the ground that a lithographic artist was not a servant within 
 the meaning of the Act, and therefore could not be summoned under such 
 Act. The exception was, however, overruled, and the Magistrate found the 
 defendant guilty, and sentenced him to pay a fine of 10s. or a week's 
 imprisonment in default. The whole case turned upon the question whether 
 or not a lithographic artist was a servant or handicraftsman. Counsel's 
 contention was that a lithographic artist like a reporter or an engraver was 
 not a servant, but a man who had au art function, uud not the function of a
 
 40 LAWS RELATING TO 
 
 Act 181873. 3. If he shall, during working hours, unfit himself for the 
 _proper performance of his work by becoming or being 
 intoxicated : 
 
 4. If he shall neglect to perform any work which it was his 
 duty to have performed, or if he shall carelessly or 
 improperly perform any work which from its nature it 
 was his duty, under his contract, to have performed 
 carefully and properly : 
 
 handicraftsman. It was quite open for Mr. Dormer to have taken action 
 against his client in another manner, instead of exposing him to fine or im- 
 prisonment. Counsel having addressed the court on behalf of the respondent, 
 urging that an artificer and a handicraftsman were in a very similar 
 position, 
 
 The Chief Justice said, from the record it appeared that the respondent 
 Dormer, in his capacity as managing director of the Argus Printing and 
 Publishing Company, engaged the appellant, Koper, in London, as a general 
 lithographic artist, for a term of three years. The agreement was made in 
 writing, and specified that Eoper was to perform all such duties as might be 
 assigned to him in the general lithographic work of the establishment. When 
 Koper arrived in the colony, Koper ratified the agreement before the Magistrate 
 and took up his duties. Having noticed something in the papers about an 
 alteration in the constitution of the company, he absented himself from his 
 work, and was warned by Dormer to appear before the Magistrate to answer 
 a charge of having contravened paragraph 2 of section 7 of the Masters and 
 Servants Act. He was found guilty and fined, with the alternative of im- 
 prisonment. The ordinary law regarding contracts between masters and 
 servants did not give other than a civil remedy, but, owing to the circumstances 
 of the country, the Parliament had decreed that certain offences by servants 
 should be subjected to criminal penalties, when violations of contracts were 
 proved. He must say that the arguments on both sides had been particularly 
 interesting as well as able, and he had listened to them with a great deal of 
 attention, but the conclusion he had come to after giving the matter careful 
 consideration was that this was not a breach of contract which it was intended 
 by Parliament should be punished criminally. It could not, in his opinion, 
 be said that a person who came out from England, as a general lithographic 
 artist, to perform the duties specified in his contract, was a servant under the 
 definition of the Act. He did not think that Parliament intended the Act to 
 apply to cases of this kind, but to the more general contracts between masters 
 and servants, and he did not think that Roper in this case had rendered 
 himself liable, for his breach of contract with Dormer, to be taken before the 
 magistrate and punished criminally. On this sole ground he held that the 
 appellant was not a servant within the meaning of the Masters and Servants 
 Act. The appeal must therefore be allowed with costs, and the conviction 
 quashed. Roper was in the enjoyment of a very substantial salary, and 
 Dormer was not without his legal remedy.
 
 MASTERS, SERVANTS, AND APPRENTICES. 41 
 
 5. If he shall, without leave or for his own purposes, make Act 181873. 
 
 use of any horse, vehicle, or other property belonging 
 to his master : 
 
 6. If he shall refuse to obey any command of his master, or 
 
 of any person lawfully placed by his master in authority 
 over him, which command it was his duty to obey : 
 
 7. If he shall by wilful breach of duty, or by neglect of 
 
 duty, or through drunkenness, do any act tending to 
 the immediate loss, damage, or serious risk of any 
 property placed by his master in his charge, or placed 
 by any other person in his charge for delivery to or on 
 account of his master : 
 
 8. If he shall by wilful breach of duty, or by neglect of 
 
 duty or through drunkenness refuse or omit to do any 
 lawful act proper and requisite to be done by him for 
 forwarding in safety any property placed by his master 
 in his charge for delivery to or on account of his 
 master : 
 
 9. (1) If he shall use any abusive or insulting language to 
 
 his master, or to his master's wife, or to any per>on 
 placed by his master in authority over him, calculated 
 to provoke a breach of the peace : 
 
 be fined any sum not exceeding two pounds, and in default of 
 payment be sentenced to be imprisoned for any period not 
 exceeding one month ; but if it shall appear that such servant 
 or apprentice is able to pay the damage caused by such act or 
 default as in this section aforesaid, it shall be competent for 
 the magistrate, whether the master shall agree thereto or not, 
 to proceed under section thirteen, chapter five, of Act No. 15, 
 
 Complaints under foregoing sections to be lodged within one month. 
 
 8. No servant or apprentice shall be convicted under any of 
 the foregoing sections of this Act unless the master shall 
 lodge his complaint within one month next after the day on 
 which he became cognizant of the olMice or alleged offence. 
 
 (1) Dth i-aragraph added by Act 7 of 1875, infra.
 
 42 LAWS RELATING TO 
 
 x cfc ~ 7d " Servant to appear before a magistrate on order of master, and 
 failing to appear to be liable to expenses on conviction. 
 
 9. (1) In order to save time and expense, the master of any 
 servant or apprentice alleging matter of complaint against 
 such servant or apprentice may warn and order such servant 
 or apprentice to appear before the magistrate of the district, 
 on some day and hour to be named by such master, there to 
 answer some certain charge, of the nature of which such com- 
 plainant shall inform such defendant; and should the 
 defendant fail to attend, in pursuance of such warning, the 
 magistrate, upon the application of the complainant, and upon 
 proof by jjffidavit that such defendant received such warning, 
 and received the same a reasonable time before the time fixed 
 for his appearance, and that to the best of the deponent's 
 knowledge and belief, such defendant has no lawful cause for 
 not appearing, may issue his warrant for the apprehension of 
 such defendant, in order to the trial of the complaint ; and on 
 such trial, and if the servant or apprentice shall be convicted 
 of the offence with which he shall be charged, the magistrate 
 
 _may (if he shall be satisfied that the defendant had no good 
 and sufficient cause for failing to attend), in addition to the 
 punishment to which the defendant may be sentenced, adjudge 
 the said defendant to pay to his master such reasonable costs 
 and expenses, not being more than those allowed in criminal 
 cases, to which his master may have been put in consequence 
 of the defendant having failed to attend as aforesaid : Provided, 
 always, that on issuing such warrant as aforesaid, the defen- 
 dant shall be warned by summons to answer the charges 
 brought against him, and to show cause why he shall not be 
 adjudged to pay such expenses as aforesaid in consequence of 
 his default in attendance. 
 
 Master having warned and ordered his servant to appear before 
 (i magistrate, upon failing to appear himself to lie liable to 
 expenses, and to penalties on failure to pay them. 
 
 10. Should any complainant who shall have warned any 
 such defendant as aforesaid to appear as aforesaid himself fail 
 
 (1) See Act 30, 1889 2 arid 3, infra (master may require servant to appeal- 
 before special J.P.).
 
 MASTERS, SERVANTS, AND APPRENTICES. 43 
 
 to appear at the time fixed by him for the appearance of such Act 181873. 
 defendant then and there to prosecute his complaint, the 
 magistrate, upon proof by affidavit that such defendant was 
 warned by such complainant to appear at the said time to 
 answer a charge of a certain nature, shall, unless satisfied that 
 such complainant had a good and sufficient reason for failing 
 to appear at such time, ascertain the distance which such 
 defendant shall have travelled, and the distance which any 
 person or persons shall have travelled whom such defendant 
 shall have brought with him as witnesses, and shall, upon 
 being satisfied that such witnesses would or might have been 
 necessary for his defence, make an order in writing against 
 such complainant for the payment of the expenses of such 
 defendant and his witnesses, if any, at and after the same rate 
 as it each of the said persons had been a witness stynnioned at 
 the instance of the public prosecutor, and attending to give 
 evidence in the court of such magistrate upon a criminal case; 
 and if such complainant shall, upon presentation to him of 
 such order by the person or persons in whose favour the same 
 shall have been made, refuse or neglect to comply therewith, 
 he shall incur and be liable to a fine not exceeding five pounds 
 sterling, and in default of payment of the same to imprison- 
 ment, with or without hard labour, for any period not 
 _exceeding one month : Provided that one such order may 
 include the expenses of all or any of the persons whose 
 ex i lenses are to be paid, or separate orders may be delivered 
 to one or more of such persons, as may be most convenient. 
 
 Servant or apprentice liaving complained against his master, 
 f a Ring to appear at time fixed to be liable to expenses, and to 
 penalties on failure to pay tliem. 
 
 11. Should any servant or apprentice who shall have com- 
 plained against his master for or on account of any offence 
 against any of the provisions of this Act fail to appear at the 
 time fixed by the magistrate for the appearance of the 
 defendant, then and there to prosecute his complaint, the 
 magistrate may, unless satisfied that such complainant had a 
 1 and sufficient reason for failing to appear at such time, 
 rtain in the manner in the last preceding section 
 mentioned the expenses and costs which the defendant has
 
 44 LAWS It ELATING TO 
 
 Act 181873. reasonably incurred in appearing to answer such complaint, 
 and he shall in the manner in the last preceding section 
 mentioned order the payment by the complainant of such costs 
 and expenses ; and if, on the presentation to him of the order 
 therein mentioned by the person in whose favour it is made, 
 such complainant shall jrefuse or neglect to comply therewith, 
 he shall incur and be liable to the same fine, and in default of 
 payment thereof to the same punishment, as is fixed in the 
 last preceding section : Provided that one such order may 
 include the expenses of all or any of the persons whose 
 expenses are to be paid, or separate orders may be delivered 
 to one or more of such persons, as may be most convenient. 
 
 Servant or apprentice may leave his place of service to lodge 
 complaint. 
 
 12. No servant or apprentice who shall leave the place of 
 his service for the purpose merely of lodging any complaint 
 which he may have against his master, after leave for that 
 purpose shall have been unreasonably refused, shall by reason 
 only of his so leaving be deemed to have deserted his master's 
 service, or to have in any wise contravened this Act. 
 
 Servant or apprentice summoned under the second section may le 
 found guilty under the fourth section and vice versa. 
 
 13. A servant or apprentice summoned to answer for an 
 offence alleged in the summons to be in contravention of the 
 jsecond section of this Act, should the proof given in the case 
 show that he is guilty of contravening not the second but the 
 fourth section of this Act, may be convicted and sentenced 
 according to the evidence ; and, in like manner, a servant or 
 apprentice summoned to answer for an offence alleged in the 
 summons to be in contravention of the fourth section aforesaid, 
 should the proof given show that he is guilty of contravening 
 not the fourth but the said second section, may be convicted 
 and sentenced According to the evidence : .Provided, however, 
 that the punishment to be awarded upon a conviction in either 
 of these cases shall not exceed the punishment provided by 
 the said second section: .Provided, also, that the servant or 
 apprentice shall have had in every case sufficient notice of the 
 nature of the charge which he was called upon to answer.
 
 MASTERS, SERVANTS, AND APPRENTICES. 45 
 
 Act 181873. 
 
 Definition of punishment for withholding wages by master. 
 Judgment may \>e given for wages alone with or without 
 costs. 
 
 14. (1) As often as the master of any servant or apprentice 
 shall be convicted of the offence of withholding 1 the wages of 
 .such servant or apprentice without reasonable and probable 
 cause for believing that the wages so withheld were not really 
 due. In- shall be fined any sum not exceeding live pounds 
 MII--. and iu default of payment shall be imprisoned, for 
 any period jiot exceeding one month ; and the convicting 
 magistrate shall, besides passing the said sentence, give 
 judgment for the amount of the wages so wrongfully withheld, 
 and for the costs of the proceedings, which costs shall be the 
 same as in a civil case before the said court; and the said 
 \\ages and costs shall, if not paid, be levied of the movable 
 property of the master, under and by virtue of a warrant under 
 the hand of the said magistrate, together with the cost of such 
 le\y: Provided, however, that when and as often as the 
 magistrate shall acquit the master of the aforesaid offence, J>UJL 
 shall yet find that wages are due by such master to such 
 servant or apprentice- which have teen retained by such 
 master, it shall be lawful for such magistrate, and he is hereby 
 required, forthwith to give judgment for the amount of wages 
 which he shall lind to be due to such s.-rvaut. and make such 
 7>rtTer as to the payment of costs, should lie auard any, by the 
 master, as shall seem to such magistrate to be in accordance 
 jAJtJi real and substantial justice. 
 
 ' lition of punishment for refusing to del inf's 
 
 property. Penalty for <l/<iult of of fine. 
 
 !.">. (:_') As often as the master of any servant or apprentice 
 
 shall b nvicted of the oftence of having, either before or 
 
 after the expiration of the contract of service of apprentice- 
 ship, iipondejmind_made and without lawful cause, refused to 
 deliver or permit to be taken a\\ay any of such servant's or 
 apprentice's cattle, sheep, gat<. or other animals, lawfully 
 
 (1) .w M..I,. (1) t" Met -. A 
 
 ;il( linn,. v:il).
 
 46 LAWS RELATING TO 
 
 Act 181873. remaining or being upon such master's land without reasonable 
 lind probable cause for believing that the animals in question 
 were lawfully detained, such master shall be fined any sum 
 not exceeding one pound sterling for every animal so unlaw- 
 fully detained ; provided, however, that the total amount of 
 a fine so payable shall not exceed the sum of five pounds 
 sterling altogether ; and in default of payment, shall be im- 
 prisoned for any period not exceeding one month ; and the 
 convicting magistrate shall, besides passing the said sentence, 
 _give judgment for the delivery of the said animals, and for 
 costs, as in a civil action before the said court, which costs, if 
 not paid, shall be levied in the same manner as in the 
 fourteenth section directed ; but the fact that the contract of 
 service or apprenticeship of such servant or apprentice has not 
 yet expired shall not be deemed or taken to be of itself 
 reasonable or probable cause for such detention : Provided, 
 however, that nothing herein contained shall impair the effect 
 of any express contract of a lawful kind, by force of which the 
 master shall claim a right to retain any such animals as 
 aforesaid. 
 
 Definition of punishment for master failing to supply articles 
 stipulated for in contract. 
 
 16. As often as the master of any servant or apprentice shall 
 be convicted of the offence of failing, upon demand, to supply 
 or deliver to such servant or apprentice the food t bedding, or 
 other articles stipulated for in any written contract of service 
 or apprenticeship, or of supplying or delivering food, bedding, 
 or other articles not conformable to the said contract, he shall 
 be liable to be fined any sum not exceeding five pounds 
 sterling, and in default of payment to imprisonment for any 
 period not exceeding one month. 
 
 Contract may le cancelled if the master has not faithfuU>/ 
 performed his part thereof. 
 
 17. As often as it shall be made to appear to the magistrate, 
 in any case instituted by any servant or apprentice against his 
 master, that the master has not fairly and faithfully performed
 
 MASTERS, SERVANTS, AND APPRENTICES. 47 
 
 his part of the contract of service or apprenticeship, the Act is 1873. 
 magistrate may, should he so think fit, and should the servant 
 or apprentice so desire, order the cancellation of such contract 
 of service or apprenticeship, and the same shall be cancelled 
 accordingly. 
 
 Costs for compelling parties accused under this Act, and their 
 witnesses, to attend the magistrate's court to be paid at the 
 public charge under certain exceptions. Penalties for 
 bringing charge without reasonable cause. 
 
 18. As often as any master shall complain against his 
 servant or apprentice, or any servant or apprentice shall 
 complain against his master, for or on account of any offence 
 against the provisions of this Act, the process of the court of 
 the resident magistrate for compelling the attendance of the 
 party aerused and of all necessary witnesses shall be instituted 
 at the public charge and without any fees of court : Provided 
 always, that if at the trial the charge shall appear to have 
 been brought without reasonable or probable cause, the party 
 complaining shall be liable to a tine not exceeding five pounds, 
 and also to defray the costs of process and of the witnesses in 
 the case : and in default of payment of such fine and costs, 
 shall be liable to be imprisoned for any period not exceeding 
 
 month; Provided, also, that such tine may be imposed 
 upon the occasion of such trial, and without any fresh action 
 or proceeding for the recovery thereof. 
 
 Regulations as to spare diet and solitary confinement. 
 
 19. In regard to the infliction of spare diet and solitary 
 confinement under this Act, the resident magistrate shall 
 observe and conform to such regulations and restrictions as 
 shall have been or shall from time to time be issued by the 
 Governor under the Act No. 20 of 1856. 
 
 Fines to be paid into Treasury. 
 
 20. All fines under this Act shall, when recovered, bo paid 
 into the public treasury.
 
 48 LAWS RELATING TO 
 
 Act 181873. 
 
 Certain sections of Act 15 of 1856 repealed. 
 
 21. Sections 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 22, 23, 
 25, and 26 of the fifth chapter, and so much of any other 
 portion of Act No. 15 of 1856, as is inconsistent with or 
 repugnant to any of the provisions of this Act, shall be and 
 the same are hereby repealed. 
 
 Short title. 
 
 22. This Act may be cited for all purposes as the " Masters 
 
 and Servants Law Amendment Act, 1873." 
 
 Act 28-1874. No. 281874.] ACT [July 31, 1874. 
 
 To AMALGAMATE THE LAWS RELATING TO MASTEES, 
 SERVANTS, AND APPRENTICES. 
 
 Preamble. 
 
 Whereas in several parts of the Act No. 15 of 1856, intituled 
 " An Act to amend the Laws regulating the relative Eights 
 and Duties of Masters, Servants, and Apprentices," reference 
 is made to other parts of the said Act, and whereas many of 
 these references have become inapplicable by reason of the 
 repeal of the said Act by the " Masters and Servants Law 
 Amendment Act, 1873," and it is desirable that the said two 
 Acts should be read together : Be it enacted by the Governor 
 of the Cape of Good Hope, with the advice and consent of 
 the Legislative Council and the House of Assembly thereof, 
 as follows : 
 
 Act No. 18 of 1873 to le construed with Act No. 15 of 1856. 
 
 1. The said " Masters and Servants Law Amendment Act, 
 1873," shall be construed with and as part of the said Act, 
 No. 15 of 1856.
 
 MASTERS, SERVANTS, AND APPRENTICES. 49 
 
 Act 281874. 
 Short title. 
 
 2. This Act may be cited for all purposes as the u Masters 
 and Servants Law Amalgamation Act, 1874," and the said Act 
 No. 15 of 1856 may for all purposes be cited as the "Masters 
 and Servants Law Act, 185(3." 
 
 , 
 
 c, 
 
 / / --" -t V J I 
 
 0. 7-1875.] x ACT [June 30, 1S75. Act 7-1875. 
 
 To AMKND THE LAW RELATING TO MASTERS, SERVANTS, 
 AND APPRENTICES. 
 
 Preamble. 
 
 Whoreas it is expedient to amend the law relating to 
 Masters, Servants, and Apprentices: Be it enacted by the 
 Governor of the Cape of Good Hope, with the advice and , 
 consent of the Legislative Council and House of Assembly 
 thereof, as follows : 
 
 Servant or apprentice may be apprehended summarily on 
 <l position of master. Penalty for malicious depositions. 
 
 1. (1) If the master of any servant or apprentice alleging 
 matter o{"complaint against such servant or apprentice for any 
 offence punishable under the "Masters and Servants Law Act, 
 1 >"'<," or the "Masters and Servants Law Amendment Act, 
 1873," shall make deposition on oath before a resident magis- 
 trate, or justice of the peace, ^that he believes (stating the 
 grounds of his belief) that in order to secure the appearance 
 of such servant or apprentice before the resident magistrate 
 having jurisdiction to try the case, that the apprehension of 
 such servant or apprentice is necessary, it shall be lawful for 
 such resident magistrate or justice of the peace to issue his 
 warrant for the apprehension of sm-li servant or apprentice 
 without any previous warning or summons: Provided, how- 
 
 (1) See Act 30, 1889, sect. 3, infra (master may require servant to appear
 
 50 LAWS RELATING TO 
 
 Act 71875. ever, that if the master of any servant or apprentice shall 
 make such deposition maliciously and without reasonable and 
 probable ground for believing the same to be true, such 
 master shall be liable to be fined any sum not exceeding five 
 .pounds, and in default of payment thereof to be imprisoned 
 for any period not exceeding one month. 
 
 May be apprehended summarily for desertion. 
 
 2. If any servant or apprentice is charged under either 
 of the aforesaid Acts with having, without lawful cause, 
 departed from his master's service with intent not to return 
 thereto, it shall be lawful for any resident magistrate or 
 justice of the peace to issue his warrant for the apprehension 
 of such servant or apprentice without any previous warning or 
 summons. 
 
 Punishment for abusive language. 
 
 3. (1) There shall be considered as inserted in the jseventh 
 jsection of the said " Masters and Servants Law Amendment 
 
 Act, 1873," after the paragraph of the said section numbered 
 <S eight, the following as a ninth paragraph : 
 
 y. If he shall use any abusive or insulting language to his 
 master, or to his master's wife, or to any person placed 
 by his master in authority over him, calculated to 
 provoke a breach of the peace. 
 
 Paragraph 5, section 4, Act 18, 1873, repealed. 
 
 4. The paragraph numbered five of the fourth section of 
 / the said last-mentioned Act is hereby repealed. 
 
 Accused competent to give evidence. 
 
 5. On the trial of any case in any court of resident magis- 
 trate wherein any master, servant, or apprentice is charged 
 with having contravened any of the provisions of the said 
 Masters and Servants Acts, such master, servant, or appren- 
 
 (1) Vide Act 30, 1889, infra.
 
 MASTERS, SERVANTS, AND APPRENTICES. 51 
 
 tice, as the case may be, and his or her wife or husband, shall Art 71875. 
 Jbe competent, but not compellable, to give evid'-nce on his or 
 her own behalf, or on the behalf of tin- complainant in the 
 said ca.sc. 
 
 Accused not compellaUe to enter the dock, lut may be 
 detained in custody. 
 
 6. No master, servant, or apprentice charged with having 
 contravened any of the provisions of the said Masters and 
 Servants Acts, and who is not immediately before the hearing 
 of such charge in actual custody, shall be compelled to enter 
 the dock or place usually assigned for prisoners under trial in 
 the court, or shall be otherwise treated as under arrest, during 
 the hearing of such charge : Provided that if, in the opinion 
 of the magistrate before whom the charge is heard it shall be 
 necessary, in order to secure the attendance of such master, 
 servant, or apprentice, that he should le placed in custody, it 
 shall be lawful for such magistrate to cause such person to be 
 arrested and detained in custody. 
 
 Officer in charge of any public work may prosecute. 
 
 7. In case it may be necessary to prosecute or proceed 
 against any person ^employed on any of tin- public works of 
 this Colony for contravening any of the provisions of the said 
 Masters and Servants Acts, such prosecution or proceeding 
 may be carried on by and in the name of any of the officers in 
 charge of the work upon which such servant is employed at 
 the- time of such contravention. 
 
 Short titl: 
 
 8. This Act may be cited for all purposes as the "Mast' 
 and Servants A<-t. 1*75," and shall be construed as one wiflT 
 the Mast.-rs and Servants Act, 1856, and the Act of 1873, 
 amending the same; and the said Acts, the Master and 
 
 6 .ants Law Amalgamation Art, 1*74, and this Act, may be 
 
 i eolleetively as tin- "Masters and Servants Acts, 18! 
 to 187:.." 
 
 E 2
 
 52 LAWS RELATING TO 
 
 ' NO. 30188!).] ACT [August 13, 1889. 
 
 To AMEND THE LAW RELATING TO MASTERS, SERVANTS, 
 AND APPRENTICES. 
 
 Be it enacted by the Governor of the Cape of Good Hope, 
 by and with the advice and consent of the Legislative Council 
 and House of Assembly thereof, as follows : 
 
 Special J.P.'s jurisdiction extended to all offences against 
 Masters and Servants Acts. 
 
 1. Every Special Justice of the Peace shall, within the local 
 limits by law fixed and determined for his jurisdiction, have 
 and be entitled to exercise over and in respect of any person 
 with regard to any offence wherewith such person shall be 
 charged against any provision of any of the Acts commonly 
 called the "Masters and Servants Acts, 1856 to 1875," as 
 amended by this Act, the same jurisdiction, power and 
 authority, as if he were a Eesident Magistrate ; provided that 
 it shall not be lawful for any such Special Justice of the Peace 
 to punish any offender, subject to the provisions of the said 
 Acts, in any higher or more severe manner than by fine, not 
 exceeding two pounds, or by imprisonment, with or without 
 hard labour, and with or without spare diet, and with or 
 without solitary confinement, or either of them, for any period 
 not exceeding one month : Provided, further, that the pro- 
 visions of the third to the eleventh sections inclusive, and of 
 the thirteenth section of the Act No. 10 of 1876 (1) shall 
 mutatis mutandis apply to regulate, limit, and define the 
 jurisdiction of and the procedure to be adopted by every 
 Special Justice of the Peace under the authority of this 
 section. 
 
 Offender against section 7 of Act 18, 1873, may le imprisoned 
 without option of fine. 
 
 2. Notwithstanding anything to the contrary contained 
 in the seventh section of the Act No. 18 of 1873 (2), as 
 
 (1) Special Justices of the Peace Act, p. 1308 of the new edition of the 
 Statute Law. 
 
 (2) Vide p. ol>, supra.
 
 MASTERS, SERVANTS, AND APPRENTICES. 53 
 
 amended by the third section of the Act No. 7 of 1875 (1), the Act so 1889. 
 provisions of the second to the sixth sections inclusive and the 
 ninth sections respectively of the said Act No. 18, 1873 (as 
 the last-mentioned section is amended by this Act) shall 
 extend and apply to any man-servant employed as a domestic 
 servant or to perform any bodily labour in manufactures, or as 
 a boatman, porter, groom, stablekeeper, gardener, or other 
 occupation of a like nature. 
 
 Servant or apprentice reasonably suspected of offence against 
 Masters and Servants Acts must accompany master before 
 Magistrate ; if he refuses is liable to arrest. 
 
 3. Notwithstanding anything to the contrary contained in 
 the ninth section of the Act No. 18 of 1873, or in the first 
 section of the Act No. 7 of 1875, it shall be lawful for the 
 master of any servant or apprentice, if he shall have reasonable 
 and probable cause to suspect such servant or apprentice of 
 having committed any offence against any provision of any of 
 the Acts commonly called the " Masters and Servants Acts, 
 1856 to 1875," as amended by this Act, to order and require 
 such servant or apprentice forthwith to proceed in his, the 
 said master's, company before the nearest Resident Magistrate 
 or Special Justice of the Peace having jurisdiction in the 
 district or place where such master so suspects that such 
 offence has been committed, there to answer a charge of 
 having committed such offence ; and any servant or apprentice 
 who shall neglect or refuse to obey any such order made by 
 his master, having such reasonable and probable cause of 
 suspicion as aforesaid, shall be liable to be arrested by his 
 master without warrant, and conveyed in custody before such 
 Resident Magistrate or Special Justice of the Peace as 
 aforesaid, to be by him dealt with according to law ; provided 
 that no servant or apprentice shall be bound or obliged to 
 obey such order as aforesaid, unless or until he shall be 
 informed of the nature of the charge which his master intends 
 to prefer against him. 
 
 (1) Vide p. 50, supra.
 
 54 LAWS DELATING TO 
 
 Act 301889. 
 
 Effect and short title of Act. 
 
 4. This Act may be cited for all purposes as the " Masters 
 and Servants Act, 1889," and shall be construed as one with 
 the " Masters and Servants Acts, 1856 to 1875," which, with 
 this Act, may be cited collectively as the "Masters and 
 Servants Acts, 1856 to 1889." 
 
 EMPLOYEES' LIABILITY. 
 
 Act 35-1886. No. 351886.] ACT [July 6, 1886. 
 
 To EXTEND AND KEGULATE THE LIABILITY OF EMPLOYERS TO 
 MAKE COMPENSATION FOE PERSONAL INJURIES SUFFERED 
 BY WORKMEN IN THEIR SERVICE. 
 
 Preamble. 
 
 WHEREAS the law relating to the Liability of Employers to 
 make Compensation for Injuries suffered by Workmen in their 
 Service is at present vague and uncertain, and it is desirable 
 to amend the same, and to extend and regulate such liability : 
 Be it therefore enacted by the Governor of the Cape of Good 
 Hope, with the advice and consent of the Legislative Council 
 and House of Assembly thereof, as follows : 
 
 In what eases compensation to be made to injured workmen. 
 
 1. Whenever, after the taking effect of this Act, personal 
 injury is caused to a workman : 
 
 (1) By reason of any defect in the condition of the ways, 
 
 works, machinery, or plant connected with, or used, in 
 the business of the employer ; or 
 
 (2) By reason of the negligence of the employer, or any 
 
 person in the service of the employer who has any 
 superintendence entrusted to him, whilst in the exercise 
 of such superintendence ; or 
 
 (3) By reason of the negligence of the employer, or any 
 
 person in the service of the employer to whose orders
 
 MASTERS, SERVANTS, AND APPRENTICES. 55 
 
 or directions the workman at the time of the injury was Act 351886. 
 bound to conform, and did conform, when such injury 
 resulted from his having so conformed ; or 
 
 (4) By reason of the act or omission of the employer, or any 
 
 person in the service of the employer done or made in 
 obedience to the rules or by-laws of the employer, or in 
 obedience to particular instructions given by any 
 person delegated with the authority of the employer in 
 that behalf ; or 
 
 (5) By reason of the negligence of the employer, or any 
 
 person in the service of the employer who has the 
 charge or control of any signal, points, locomotive 
 engine, train upon a railway, or any machinery or 
 hauling gear in or about any mine, the workman or, in 
 case the injury results in death, the legal personal 
 representatives of the workman, and any person entitled 
 in case of death, shall have the same right of compen- 
 sation and remedies against the employer as if the 
 workman had not been a workman of, nor in the service 
 of the employer, nor engaged in his work. 
 
 Exceptions to the provisions of the above section. 
 
 2. A workman shall not be entitled under this Act to any 
 right of compensation or remedy against the employer in any 
 of the following cases ; that is to say, 
 
 (1) Under sub-section one of section one of this Act, unless 
 
 the defect therein mentioned arose from, or had not 
 been, or had not been discovered or remedied owing to 
 the negligence of the employer or of some person in 
 the service of the employer, and entrusted by him with 
 the duty of seeing that the. ways, works, machinery, or 
 plant were in proper condition. 
 
 (2) Under sub-section four of section one of this Act unless 
 
 the injury resulted from some impropriety or defect in 
 the rules, by-laws, or instructions therein mentioned : 
 Provided always that in case any such rule or by-law 
 shall have been submitted to the Governor, and approved 
 of by him by notification in the Gazette, or in case such 
 rule or by-law shall be made under the provisions of
 
 56 LAWS RELATING TO 
 
 Act 351886. any Act of Parliament, it shall not be deemed for the 
 
 purposes of this Act to be an improper or defective rule 
 or by-law. 
 
 (3) In any case where the workman knew of the defect or 
 negligence which caused his injury, and failed within a 
 reasonable time to give, or cause to be given, informa- 
 tion thereof to the employer, or to some person superior 
 to himself in the service of the employer, unless he 
 was aware that the employer or such superior already 
 knew of the said defect or negligence. 
 
 Limit of sum recoverable as compensation. 
 
 3. The amount of compensation under this Act shall not 
 exceed such sum as may be found to be equivalent to the 
 estimated earnings, during the three years preceding the 
 injury, of a person in the same grade employed during those 
 years in the like employment, and in the district in which the 
 workman is employed at the time of the injury. 
 
 No compensation recoverable under any other law as well as 
 under this Act. 
 
 4. No workman, or representative of a workman, shall be 
 entitled to recover compensation for any injury done to him 
 under any other existing law in addition to the compensation 
 to which he may be entitled under this Act. 
 
 Limit of time within which actions must be brought. 
 
 5. All actions under this Act shall be commenced within 
 six months after the occurrence of the injury for which com- 
 pensation is sought. 
 
 Definitions. 
 
 6. For the purposes of this Act, unless the context otherwise 
 requires, 
 
 The expression " person who has superintendence entrusted 
 to him " means a person whose sole or principal duty is 
 that of superintendence, and who is not ordinarily 
 engaged in manual labour. 
 
 The expression "employer" includes a body of persons 
 corporate or unincorporate.
 
 MASTERS, SERVANTS, AND APPRENTICES. 57 
 
 Act 351886. 
 Where Act to be in force and Short Title. 
 
 7. This Act shall take effect only within such mining areas 
 as the Governor may from time to time declare by Proclama- 
 tion to be published in the Gazette, and may be cited as the 
 " Employers' Liability Act, 1886." 
 
 TEADE BEYOND BOUNDARIES. 
 No. 81.] [December 23, 1830. Act si. 
 
 Penalty on bringing natives into the colony against their free will, 
 100. Agreement beyond the boundaries of the colony void. 
 
 12. And be it further enacted that it shall not be lawful for 
 any person whomsoever to bring within this colony any 
 person from beyond the said boundaries thereof not legally 
 contracted to him within the colony, against the free will and 
 consent of such person, under a penalty not exceeding one 
 hundred pounds, and if any such person be brought within the 
 colony upon any contract or agreement of any nature soever 
 entered into beyond the said boundaries such contract or 
 agreement shall be void and of no effect. 
 
 Legal contract before clerk of the peace of persons coming 
 voluntarily into the colony. 
 
 13. Provided always, that nothing herein contained shall 
 extend to prevent any native or other person who may have 
 voluntarily come into the colony with or been brought by any 
 trader or other person from entering into any legal contract or 
 agreement before a clerk of the peace or other person before 
 whom the same may be made.
 
 58 LAWS EELATING TO 
 
 Act 221857. 
 
 No. 221857.] AN ACT 
 
 FOK MOEE EFFECTUALLY PREVENTING THE IMPROPER INTRO- 
 DUCTION INTO THIS COLONY OF CHILDREN BELONGING TO 
 NATIVE TRIBES RESIDENT IN TERRITORIES BEYOND THE 
 LAND BOUNDARIES THEREOF. 
 
 Preamble. 
 
 WHEREAS in some instances, persons visiting the territories 
 lying beyond the land boundaries of this colony have there 
 procured, and have thence brought into the colony, to be made 
 servants of, children of tender age, belonging to native tribes 
 resident in the territories aforesaid : And whereas there is 
 reason to believe that if the practice of procuring such children 
 were suffered to grow up, evil consequences may arise there- 
 from : And whereas the existing laws of the colony do not 
 sufficiently provide against the introduction of such children, 
 under such circumstances : Be it therefore enacted by the 
 Governor of the Cape of Good Hope, with the advice and 
 consent of the Legislative Council and House of Assembly 
 thereof, as follows : 
 
 Native children under sixteen years of age not to be brought 
 within the colonial land boundary without previous sanction 
 of the Governor. Except by the parent of the child or by 
 persons delivering the same to a resident magistrate within 
 fourteen days. Such child to be under the guardianship of 
 the Governor and may not be apprenticed to the person by 
 whom it is brought in. Children may accompany visitors 
 from beyond the land boundary fora temporary purpose upon 
 a certificate from a competent authority. Any resident 
 magistrate receiving such certificate to note the date of its 
 production. 
 
 1. No person, except as hereinafter excepted, shall, without 
 the previous sanction of the Governor of this colony for the 
 time being, first had and obtained, bring into this colony, 
 across the land boundary thereof, any child under the age of 
 sixteen years, belonging to any native tribe or people in Africa,
 
 MASTERS, SERVANTS, AND APPRENTICES. 59 
 
 resident beyond the said land boundary. Any person con- Act 221857 
 travening this section of this Act shall, upon conviction, be 
 liable, for and in respect of every child so brought into this 
 colony, to a fine not exceeding twenty pounds, together with, 
 and in addition to, the sum of one shilling per day for every 
 day during which any such child shall have been harboured 
 or kept by such person within this colony : Provided that 
 nothing in this section contained shall extend to any parent of 
 any such child as aforesaid, lawfully entering this colony, and 
 bringing such child into the same, nor to any person whomso- 
 ever bringing into the colony any such child as aforesaid, 
 who shall deliver over such child to any resident magistrate 
 of the colony within the space of fourteen days next after the 
 day upon which such child shall have been brought into the 
 colony : Provided, however, that every such last-mentioned 
 child shall be placed under the guardianship of the Governor 
 of the colony, for the time being, as in the fifth section of this 
 Act provided, and that no such child shall be apprenticed to 
 or left with the person by whom such child shall have been 
 brought into the colony, as in the sixth section of this Act 
 provided : Provided, also, that nothing herein contained shall 
 apply to any inhabitant of any territory beyond the land 
 boundaries of this colony, visiting this colony for a temporary 
 purpose, and bringing into this colony any such child or 
 children as aforesaid, in case such inhabitant shall produce and 
 exhibit to some resident magistrate of this colony, within one 
 calendar month next after the date of his arrival in this colony, 
 a certificate in writing, signed by some magistrate of the 
 territory in which such inhabitant usually resides, certifying 
 that the child or children brought into the colony by such 
 person is or are lawfully in the service of such person, and that 
 the services of such child or children are required by such 
 person during or upon his journey : Provided, also, that the 
 resident magistrate to whom such certificate shall be produced 
 or exhibited shall endorse thereon the date at which the same 
 was so produced to him.
 
 60 LAWS DELATING TO 
 
 Act 221857. 
 
 Penalty for keeping or harbouring any child, brought into this 
 colony in contravention of the last preceding section. 
 
 2. If any child brought by any person into this colony, in 
 contravention of the last preceding section, shall, without the 
 previous sanction of the Governor of this colony for the time 
 being, be received, kept, or harboured, whilst under the age of 
 sixteen years, by any other person within this colony, such 
 last-mentioned person knowing, when so receiving, keeping, or 
 harbouring such child, that such child had been brought into this 
 colony, without the previous sanction of the said Governor, from 
 beyond the land boundary thereof, then such last-mentioned 
 person shall, upon conviction, be liable to the same penalty as 
 that in the last preceding section mentioned : And any person 
 receiving, keeping, or harbouring, within this colony, any chiM 
 brought into this colony by any such inhabitant of another 
 territory, as in the first section mentioned, shall be liable to the 
 same penalty. 
 
 Hoiv to judge of the age of such children. 
 
 3. In every prosecution for a contravention of any of the 
 sections of this Act, the court in which such prosecution shall 
 be pending shall judge from the appearance of the child in 
 question in such prosecution, and also, if needful, from the 
 opinions, given under oath, of persons skilled in ascertaining 
 the age of such children, and from any other evidence which 
 may be adduced on the subject, whether the child referred to 
 in such prosecution was, when brought into this colony, or 
 received, kept, or harboured therein (as the case may be), under 
 the age of sixteen years or not. 
 
 How to judge of the age if child has died. 
 
 4. When by reason of the death of such child, before the 
 hearing of such criminal case as aforesaid, or other cause, the 
 court in. which such case shall be pending shall be unable to 
 inspect the child in question, in such case, then such court 
 shall judge of the age of such child when it was brought into
 
 MASTERS, SERVANTS, AND APPRENTICES. 61 
 
 the colony, or received, kept, or harboured therein (as the case Act 22 1857. 
 may be), by the knowledge or opinion of persons acquainted 
 with such child. 
 
 Evenj child brought into the colony in contravention of the first 
 section, placed under the guardianship of the Governor, and 
 iii'iy be apprenticed or placed at an industrial school. 
 Guardianship not to extend beyond the age of eighteen. 
 
 5. Every child brought into this colony in contravention of 
 the first section of this Act, whether the person who brought 
 such child into the colony be convicted or not, and every child 
 brought into this colony, by any inhabitant of another territory, 
 as in the first section mentioned, which child shall be received, 
 kept, or harboured by any other person within this colony, is 
 hereby placed under the guardianship of the Governor of the 
 colony for the time being, and may, by any person acting 
 under the authority of the said Governor, be apprenticed in 
 like manner as is, or shall be, by law provided in regard to 
 destitute children, or the said Governor may, without, or before 
 apprenticing such child, cause such child to be placed at any 
 industrial school within this colony, and to be there main- 
 tained and instructed so long as may be necessary, or as the 
 said Governor shall think fit : Provided that the guardianship 
 of the Governor aforesaid shall not extend to, nor shall he cause 
 to be apprenticed, or placed at an industrial school as aforesaid, 
 any person who shall be of the age of eighteen years or upwards. 
 
 No such child to be apprenticed or left with the person by whom 
 introduced or harboured in the colony. 
 
 (>. Xo such child as aforesaid shall, in any case, be apprenticed 
 to or left with the person by whom, in contravention of the 
 first section of this Act, such child was brought into this 
 colony, or any person by whom, in contravention of the second 
 section of this Act, such child was received, kept, or harboured, 
 after being brought into this colony. 
 
 [The remaining sections of this Act relate to children 
 brought into the Colony prior to its promulgation, and have 
 no further applicability.]
 
 62 LAWS DELATING TO 
 
 Act 61861. 
 
 PRESCRIPTION (DEBTS) ACT. 
 No. 61861.] [August 14, 1861. 
 
 Prescription of three years established in certain cases. 
 
 5. No suit or action for the fees or for the fees and 
 disbursements of advocates, attorneys, public notaries, con- 
 veyancers, land surveyors, or persons practising any branch 
 of the medical profession, or for the amount of any baker's, 
 or butcher's, or tailor's, or dressmaker's, or boot and shoe- 
 maker's bill or account, nor any suit or action for the salary 
 or wages of any merchant's clerk or other persons employed 
 in any merchant's or dealer's store, counting-house, or shop, 
 nor any suit or action for the wages as a servant of any 
 person coming under the definition of the term " servant " 
 given in the Masters and Servants Act, No. 15 of 1856, shall 
 (except as hereinafter is excepted) be capable of being 
 brought at any time after the expiration of three years from 
 the time when the cause of action in any such case as aforesaid 
 first accrued or in case such cause or action shall have already 
 accrued, then after the expiration of three years from the time 
 of the taking effect of this Act : Provided that as often as any 
 acknowledgment of or promise in writing to pay any such 
 debt as is in this section mentioned, shall have been made or 
 given at any time before the expiration of such term of three 
 years, then such debt may be sued for at any time within 
 eight years from the date of such acknowledgment or promise, 
 or in case such acknowledgment or promise shall specify 
 some future time for the payment of the debt, then within 
 eight years from the date at which the said debt became, 
 by or according to the tenor or effect of such acknowledgment 
 or promise, due and payable. And provided that nothing in 
 this section contained shall prevent the application to any 
 such debt as is in this section mentioned of any of the provisions 
 of the eighth section of this Act. 
 
 How in regard to minors or persons under legal disability. 
 
 6. If at the time when any such cause of action as is in 
 the second, third, and fifth sections of this Act mentioned,
 
 MASTERS, SERVANTS, AND APPRENTICES. 63 
 
 first accrued, the person to wboin the same accrued shall Act 61861. 
 
 have been a minor, or under coverture, or of unsound 
 
 mind, or absent from the colony, then such person, or the 
 
 person claiming through him may, notwithstanding that the 
 
 period of prescription hereinbefore limited in regard to such 
 
 cause of action shall have expired, bring a suit or action 
 
 upon such cause of action at any time within eight years or 
 
 three years (as the case may be) next after the time at which 
 
 the person to whom such cause of action first accrued shall 
 
 have ceased to be under any such disability as aforesaid, or 
 
 shall have died, whichever of these two events shall have 
 
 first happened. 
 
 PASSES TO NATIVES. 
 
 No. 221867.] [August 16, 1867. Act 22-1867. 
 
 Contracts under Masters and Servants Act to hold good. But 
 not to protect person infringing subsequent provisions of Act. 
 
 2. From and after the passing of this Act all contracts of 
 service made between employers and natives or native 
 foreigners, in conformity with the provisions of the Act 
 No. 15 of the year 1856, commonly known as the " Masters 
 and Servants Act," shall be good and valid in law ; but the 
 existence of any such contract shall not be allowed to protect 
 any native foreigner who may be a party thereto from being 
 prosecuted and punished for entering or being within the 
 Colony without a pass, as hereinafter provided.
 
 64 LAWS RELATING TO 
 
 Act 141870. 
 
 CATTLE REMOVAL ACT. 
 
 No. 14-1870.] [May 5, 1870. 
 
 Certificate for removal of stock to be obtained. 
 
 2. It shall be the duty of every person desiring the removal 
 of stock (1) from any place to any other place (2) to procure a 
 certificate (3), signed by any resident magistrate, justice of 
 the peace, field-cornet, or landholder, stating the date upon 
 which the same is granted, the name of the owner, and the 
 number and description of the stock to be removed, the name 
 of the place from which the same is being removed, and of 
 the place to which it is being sent ; and also the name or 
 names of the driver or drivers thereof. 
 
 Duty of landholder to grant certificate for removal of stock from 
 his land. How, if landholder refuses. 
 
 3. It shall be the duty of any landowner to grant, free of 
 charge, such certificate as aforesaid, written in such language, 
 whether English, Dutch, or native, as such landholder may be 
 able to write intelligibly, to any person who, being in the 
 lawful possession of any stock, desires to remove the same 
 from land occupied by such landholder ; and the refusal by 
 
 (1) " ' Stock ' shall mean any horse, gelding, mare, colt, filly, mule, or ass, 
 or any bull, ox, cow, heifer, or calf, or any sheep or oat : Provided that stock 
 under saddle, or pack-saddle, cattle employed in drawing any vehicle, whether 
 inspanned or outspanned, or stock in the possession of the police shall not be 
 deemed to be stock within the meaning of this Act," 13, Act 14, 1870. No 
 stock deemed to be removed merely by reason of their moving from place to 
 place on land in which owner of stock has an interest or ownership, 6, 
 Act 20, 1889. 
 
 (2) Printed as amended by Act 20 of 1889. 
 
 (3) This Act to come into force or be suspended in any division, at the 
 request of the Divisional Council of such division, by proclamation in the 
 Gazette. Certificates, however, granted in places where Act not in force to 
 be valid in any division where the law has been proclaimed, and when so 
 proclaimed the 3rd and 4th sections to apply to the whole Colony, 14, 
 Act 14, 1870. A penalty of six months' imprisonment, with or without hard 
 labour, may be imposed upon any one granting a false certificate or fraudu- 
 lently altering one, 12, Act 14, 1870.
 
 MASTERS, SERVANTS, AND APPRENTICES. 65 
 
 the master of any servant or apprentice to grant, in regard to Act 14 1870. 
 
 any stock of such servant or apprentice lawfully running or 
 
 being upon the land of the said master, such a certificate as is 
 
 in this Act mentioned, shall be deemed and taken to be, for 
 
 the purpose of the twenty-first (1) section of chapter 5 of the 
 
 Act No. 15, 1856, commonly called the Masters and Servants 
 
 Act, a refusal by such master to deliver such stock or to 
 
 permit the same to be taken away ; and the provisions of the 
 
 said twenty-first section shall apply to such case as fully as if 
 
 the same were herein again set forth. 
 
 Who required to grant certificates. 
 
 4. It shall be the duty of any magistrate, justice of the 
 peace, field-cornet, or landholder, to whom application is made 
 for such certificate as aforesaid, to grant a certificate, written 
 in such language, whether English, Dutch, or native, as the 
 person applied to may be able to write intelligibly, to the 
 person applying for the same : Provided that the magistrate, 
 justice of the peace, field-cornet, or landholder to whom 
 application is made shall be satisfied that the stock for the 
 removal of which the certificate is required are the property 
 or in the lawful possession of the person about to remove the 
 same. 
 
 Persons driving stock may be required to produce certificate. On 
 failure to produce, &c. } stock may be seized and impounded. 
 
 5. (2) It shall be lawful for any magistrate, justice of the 
 peace, field-cornet, police officer, constable, or landholder, 
 who shall find any person driving stock, to call upon such 
 person to produce such certificate as aforesaid, and if such 
 person shall fail to produce such certificate, or if the stock 
 being removed shall not correspond in all material respects 
 with the certificate produced, or if the direction in which such 
 
 (1) This section is repealed by 21, Act 18, 1873, but see 15 of latter 
 Act. 
 
 (2) Person driving stock may be arrested without warrant, 2, Act 20, 
 1889, and detained pending inquiry for not more than 4 weeks ; vide 3 of 
 latter Act. 
 
 F
 
 66 LAWS DELATING TO 
 
 Art M 1*70. person is proceeding with the stock shall not correspond with 
 the direction indicated in such certificate, or if the name of 
 the person driving the stock shall not correspond with that in 
 the certificate, then such magistrate, justice of the peace, 
 field-cornet, police officer, constable, or landholder, if he shall 
 be able to read such certificate (1), may take possession of 
 such stock and cause the same to be conveyed to the nearest 
 pound, there to remain until liberated by order of the resident 
 magistrate, or otherwise disposed of as hereinafter provided. 
 
 REFORMATORY INSTITUTIONS. 
 
 Act 7-1879. No. 7 1879. J [January 27, 1882. 
 
 Convicted child may le sentenced to detention in institution in 
 addition to imprisonment. Or may le sent to institution in 
 lieu of imprisonment. 
 
 4. (2) Whenever any child shall hereafter be convicted of 
 any offence, either upon indictment or on summary conviction 
 punishable by imprisonment, it shall be lawful for the judge 
 or other competent court by which such child shall be con- 
 victed, in addition to the sentence which may then and there 
 be passed as a punishment for the said offence, to direct such 
 child to be sent, at the expiration of such sentence, to any 
 reformatory institution established under this Act, to be there 
 detained until he or she reaches the age of sixteen years ; or 
 for such shorter period as such judge or other competent court 
 may think fit ; or such judge or other competent court may, if 
 such judge or court deem fit, send such child to any reform- 
 atory institution in lieu and instead of sentencing such child 
 to imprisonment, or may, at the expiration of any sentence, or 
 instead of sentencing such child to imprisonment, order that 
 such child shall be bound to some useful calling or occupa- 
 tion for such period as such judge or court shall think fit, but 
 
 (1) Printed as amended by Act 20 of 1889. 
 
 (2) See Act 8, 1889, infra.
 
 MASTERS, SERVANTS, AND APPRENTICES 67 
 
 not longer, however, than until such child shall attain the age Act 71879 
 of sixteen years. 
 
 Power to bind inmate as apprentice. 
 
 11. At any time before the expiration of the warrant 
 authorising the detention of any inmate in a reformatory 
 institution, the resident magistrate of the district in which 
 such institution is situate, or of the district in which such 
 child shall then be detained, may bind any such inmate as 
 apprentice to any useful calling or occupation as he may 
 think fit, in the same manner in which destitute children (1) are 
 now authorised to be bound by the law of this colony ; and 
 such binding shall be as effectual as if such child were of full 
 age and had bound himself: Provided that, if such child 
 should have one or more parents or guardians alive, no such 
 apprenticeship shall take place without the consent of such 
 parents or guardians. 
 
 Provisions of ((rtich-x of apprenticeship. 
 
 12. The resident magistrate may, in any articles of ap- 
 prenticeship under this Act, provide that such portion of the 
 wages to become due to such apprentice as he may think fit, 
 shall be deposited, at such times and in such manner as he 
 shall determine, in any savings or other bank of this colony on 
 account of such apprentice, and every such deposit shall be 
 deemed and allowed as a payment to such apprentice, but no 
 portion thereof shall be withdrawn by such apprentice, without 
 the consent in writing of such resident magistrate, until the 
 expiration of the apprenticeship. 
 
 Appren tices absconding. Penalties. 
 
 20. If any child apprenticed or bound under the provisions 
 of this Act shall desert or abscond from the service of his 
 master, it shall be lawful for any court before whom such 
 apprentice shall be brought, upon proof to the satisfaction of 
 such court, in addition to any punishment which may be 
 
 (1) See Act 15, 1856, fi, supra.
 
 68 LAWS RELATING TO 
 
 Act 71879. inflicted, either to order the child to return to the service of 
 such master, or that such child shall be detained in any 
 reformatory institution until such child shall attain the age of 
 sixteen years, or for any shorter period. 
 
 Accessories to escape or absconding. 
 
 21. Any person who shall directly or indirectly counsel or 
 induce, by letter or otherwise, any inmate of any reformatory 
 institution to abscond or escape therefrom, or break his 
 apprenticeship and abscond from his master, before such 
 inmate shall have been regularly discharged or before the 
 expiration of such apprenticeship, or who shall aid or abet any 
 such inmate in absconding or escaping, or who knowing such 
 inmate to have absconded or escaped, shall harbour or conceal, 
 or assist in harbouring or concealing, such inmate, or prevent 
 him or her from returning to such reformatory institution, or 
 to his master shall, on conviction thereof, forfeit and pay any 
 sum not exceeding twenty pounds, or at the discretion of the 
 court before which such conviction shall be had, be imprisoned 
 for any term not exceeding six months, and with or without 
 hard labour. 
 
 1889. No. 81889.] ACT [June 28, 1889. 
 
 To MAKE FURTHER PROVISION FOR THE APPRENTICESHIP OF 
 JUVENILE OFFENDERS. 
 
 BE it enacted by the Governor of the Cape of Good Hope, 
 with the advice and consent of the Legislative Council and 
 House of Assembly thereof, as follows : 
 
 Juvenile offenders may be apprenticed until 21 years of age. 
 
 1. Whenever any child under the age of sixteen years shall 
 be convicted of any offence in terms of the fourth section of 
 the Reformatory Institutions Act, 1879, it shall be lawful for 
 the court before which such conviction shall take place to
 
 MASTERS, SERVANTS, AND APPRENTICES. 69 
 
 direct that, in lieu of any of the punishments in the said Act 81889. 
 
 section mentioned, such child shall be apprenticed to some fit 
 
 and proper person, who shall be willing to instruct and employ 
 
 such child in some useful calling, trade, or other occupation, 
 
 including domestic service and service as a farm labourer, 
 
 until such child shall have attained his twenty-first year or for 
 
 some shorter period. 
 
 Act 15 of 1856 to apply. 
 
 2. All and singular the provisions of Act No. 15 ot 1856, 
 relating to apprentices, save and except such provisions as are 
 repugnant to or inconsistent with the provisions of this Act, 
 shall, in so far as they are applicable, apply to persons directed 
 to be apprenticed under this Act. 
 
 Contract executed before Resident Magistrate. 
 
 3. It shall be lawful for any Judge of the Supreme Court, 
 before whom any child shall be convicted as aforesaid, to direct 
 that the contract of apprenticeship shall be executed before a 
 Resident Magistrate to be nominated by such Judge. 
 
 Resident Magistrates to be tutors of all minors apprenticed under 
 
 this Act. 
 
 4. The Eesident Magistrates of the Colony shall be ex officio 
 the tutors of all minors apprenticed under this Act and 
 residing within their respective districts instead of their 
 parents, or tutors, testamentary or dative, and shall, upon proof 
 of the unfitness, inability or unwillingness of any master to 
 retain the custody of any such minor, cancel the contract of 
 apprenticeship and apprentice the minor to some other fit and 
 proper person. 
 
 Wages to be deposited in Savings Bank. 
 
 5. Whenever any wages shall be payable to any minor 
 apprenticed under this Act such wages shall be deposited in 
 his name in such Post Office Savings Bank as the Magistrate
 
 70 LAWS RELATING TO 
 
 Act 81889. shall direct, and shall not be handed over to such minor until 
 the lawful expiration of his apprenticeship, unless the Ma- 
 gistrate shall for special reasons otherwise direct. 
 
 How apprentice may be transferred to another person. 
 
 6. No master shall assign or transfer to any other person 
 any minor apprenticed under this Act without the consent of 
 the Kesident Magistrate of the district in which such master 
 shall reside, but the consent of the minor or of his parents 
 shall not be necessary. 
 
 Punishment of apprentice for deserting from service. 
 
 7. Any minor apprenticed under this Act who shall desert 
 from his master's service during his term of apprenticeship 
 shall be liable, upon conviction before any Court of Eesident 
 Magistrate, to be imprisoned with or without hard labour for any 
 period not exceeding twelve months, or to receive twenty cuts 
 with a cane, or to both such imprisonment and whipping. 
 
 How contract may le cancelled. 
 
 8. It shall be lawful for the Supreme Court, Eastern 
 Districts Court, or High Court of Griqualand or any Circuit 
 Court, within their respective jurisdictions, upon the appli- 
 cation of any minor apprenticed under this Act, or of any 
 parent or relative within the fourth degree of consanguinity of 
 such minor, to order the cancellation of any such contract of 
 apprenticeship, as aforesaid, and, if need be, to direct a fresh 
 contract to be entered into before such Magistrate as shall be 
 nominated by such court. 
 
 Inquiry as to fitness of master. Notice to le given for 
 applications. 
 
 9. Every Kesident Magistrate shall, before approving of any 
 contract of apprenticeship, make full inquiry as to the fitness 
 of any master to whom the minor is proposed to be appren- 
 ticed, and may by advertisement in the Gazette and some news-
 
 MASTERS, SERVANTS, AND APPRENTICES. 71 
 
 circulating in his district, give notice in the English Act s 
 and Dutch languages, that applications may be made to him by 
 farmers and other persons wishing to have the convicted 
 offender apprenticed to them. Such notice shall state tin- 
 name and age of the offender, the offence of which he stands 
 convicted, and the day upon which such applications will be 
 lu-ard before such magistrate. 
 
 Detention of offender until apprenticed. 
 
 10. It shall be lawful for the Resident Magistrate, pending 
 the publication of such notice or pending such inquiry as in 
 the last preceding section mentioned, whether the offender 
 shall have been tried before him or shall have been sent by 
 some Judge of the Supreme Court to be apprenticed by him, 
 to direct that such offender shall be detained in prison or ! 
 admitted on bail until the contract shall be finally executed. 
 
 Short title. 
 
 11. This Act may be cited for all purposes as the "Juvenile; 
 Offenders Apprenticeship Act, 1889."
 
 INDEX. 
 
 ABSCONDING 
 apprentices, 67 
 
 ABSENCE, 
 
 servants, 27 
 ABUSIVE 
 
 language by servants, 50 
 
 ACCESSORIES, 68 
 ACCUSED 
 
 competent to give evidence, 50 
 
 dock, not compellable to enter, but may be detained in custody, 51 
 AGE, 
 
 children apprenticed to what, 13, 68 
 
 native children under 16 years of, 58, 60 
 
 AGEICULTURAL 
 
 labourers, to what age to serve when apprenticed, 13 
 burgher service, if called out for, 11 
 
 APPEALS, 
 
 servants', 30 
 
 APPEARANCE 
 
 before Magistrate, 42, 43, 53 
 
 APPREHENSION, 49, 50 
 
 APPRENTICES 
 absconding, 67 
 
 appearance before resident magistrate, 42, 43, 53 
 assignment, 18 
 complaint by, 43, 44 
 death of, 20 
 intimidation of, 32 
 journeys by, 22 
 maintenance, 16 
 marriage by, 24
 
 74 INDEX. 
 
 APPRENTICES. continued. 
 misconduct, 28, 35, 36, 38 
 punishment of, 35, 36, 38, 39, 70 
 removal of, 21 
 wages of, 16, 20 
 
 APPRENTICESHIP OF CHILDREN, 
 contracts to be in writing, 12 
 
 triplicate, 18 
 
 death or insolvency of master, effect on contract of, 19 
 definition of, 2 
 dissolution of, 23 
 duration of, 13 
 juvenile offenders, 68, 71 
 native, 61 
 
 (from) reformatory institutions, 66, 68 
 (See also "Children") 
 
 ARREST, 
 
 removal of cattle without certificate liable to, 65 (note) 
 summary, of servant, 49, 50 
 
 ASSAULT 
 
 by master, effect on contract, 29 
 
 ASSIGNMENT OF CONTRACT, 18 
 
 BOUNDARIES, 
 
 natives beyond, 57 
 
 agreement entered into with, 57 
 brought within, against their will, 57 
 coming within, voluntarily, 57 
 
 CANCELLATION, 
 
 contracts of service, 28, 29, 46, 70 
 
 CATTLE REMOVAL, 
 
 certificate for, 64, 65 
 
 CERTIFICATE, 
 
 false, penalty for, 64 (note) 
 granting of, by whom, 65 
 production of, failure of, 65 
 removal of cattle under, 64 
 validity of, 64 (note) 
 
 CHARACTER, 
 
 false, consequences of knowingly giving, 31 
 
 forging, &c., 31 
 
 master not bound to give, 31
 
 INDEX. 75 
 
 CHILDREN, 
 
 apprenticed, 12, 61 
 
 absence of, 27 
 
 accused not compelled to enter dock, 51 
 
 age, limit of, 13, 58, 60, 68 
 
 appearance before magistrate, 42, 43, 53 
 
 apprehension of, 49, 50 
 
 Crown to appear for, in Appeals, 30 
 
 desertion of, 50, 71 
 destitute, 14 
 
 contract, assignment of, 18 
 form of, 16 
 
 magistrate's successor, covenants to endure to, 17 
 triplicate, 18 
 
 maintenance, 16 
 
 treatment, 14 
 
 wages, 16, 20 
 detention of, under 16, 30 
 evidence by, 50 
 female, 24 
 
 guardians, magistrates to be, 14 
 
 imprisonment, may be compelled to resume service after, 26, 39 
 intimidation of, 32 
 marriage of female, eQ'ect of, 24 
 natives brought within Colony under 16, 58 
 punishment of, 26, 35, 39, 52, 70 
 
 contract not cancelled by, 39 
 
 conviction, second or subsequent, 36, 38 
 
 offences, for what, 26, 35, 39, 52, 70 
 services of, 10, 11 
 wages, 16, 20 
 See also " NATIVE CHILDEEN " and " REFORMATORY." 
 
 COMPLAINTS, 
 
 lodgment of, when, 41, 44 
 
 COMPENSATION, 
 
 injured workmen, 54 
 
 servants, for loss or damage to master's property, 27 
 
 CONTRACTS, 
 
 apprenticeship of children, 12 et seq., 18 
 
 comprise, what to, 2 
 
 form of, 6 
 
 written, 12 
 
 cancellation, 28, 29, 39, 46, 70 
 colony, out of, 4 
 dissolution of, 23 
 duration of, 5, 34 
 expiry of, 7
 
 76 INDEX. 
 
 CONTRACTS. continued. 
 form of, 6 
 
 law to prevail, what, 3 
 limit of, 5, 6, 34 
 notice, 
 
 expiry of, before, 7 
 
 waiver of, 8 
 oral, duration of, 5 
 punishment, 
 
 master not supplying articles stipulated for in, 46 
 
 servants, &c., does not affect, 39 
 service, 
 
 comprise what, 2 
 
 husband, wife, and children, 10, 11 
 set aside, liable to be, 4 
 written, duration of, 6, 34 
 
 COSTS, 
 
 appearance before resident magistrate, 47 
 
 CUSTODY, 
 
 accused may be detained in, 51 
 
 DEATH, 
 
 master's, effect of, 18 
 
 servant's, effect of, 11 
 
 servants', payment of wages to date of, 20 
 
 DEBTS, 
 
 prescription, 63 
 
 DESERTION, 50, 70 
 
 DESTITUTE CHILDREN, 14 et seq. 
 contracts of apprenticeship, 15 
 maintenance, 16 
 treatment, 14 
 wages, 16 
 
 DETENTION, 
 
 child under sixteen, 30 
 offender until apprenticed, 71 
 in reformatory, 66 
 
 DISSOLUTION, 
 
 apprenticeship, 23 
 
 DOCK, 
 
 accused not compellable to enter, 51 
 
 DOMESTIC 
 
 servants, 10, 11
 
 INDEX. 77 
 
 EMPLOYERS' LIABILITY, 
 
 compensation to injured workmen, 54 
 exceptions, 55 
 limit of sum, 56 
 time, 56 
 wht-n, 54 
 
 EVIDENCE, 
 
 accused competent to give, 50 
 
 FAMILY 
 
 servants', 10, 11 
 
 FINES 
 
 contract not cancelled by imposition of, 39 
 
 paid into Treasury, 47 
 
 payment of, penalty for default of, 45 
 
 FOOD, 
 
 servants', 8 
 
 GUARDIANS, 
 
 magistrates to be, to children apprenticed, 14 
 
 GUARDIANSHIP OF NATIVE CHILDREN, 59, 61 
 
 HARBOURING NATIVE CHILDREN BROUGHT INTO COLONY 
 UNDER AGE OF SIXTEEN, 60 
 
 HUSBAND, 
 death of, 11 
 
 servant, female, rights of, 24 
 service of, 10, 11 
 
 IMPRISONMENT, 
 
 contract not cancelled by, 39 
 
 period of, to be added to term of service, 26 
 
 service after, may be compelled to resume, 26, 39 
 
 INJURIES, 
 
 servants', 54 
 
 INSOLVENCY, 
 
 master's, effect of, 18, 19 
 
 INTERFERENCE, 
 
 unlawful, with servants, by outsiders. 32 
 
 INTERPRETATION OF TERMS, 2, 3 
 INTIMIDATION, 32
 
 78 INDEX. 
 
 JOURNEYS, 
 
 masters', 22 
 
 JURISDICTION, 
 
 justices of the peace, 52, 53 
 magistrates', 25, 69, 70 
 
 JUSTICES OF THE PEACE, 
 jurisdiction of, 52, 53 
 
 JUVENILE OFFENDERS, 
 
 apprenticeship of, 68 
 
 cancellation of, 70 
 wages of apprenticed, 69 
 transferred from one master to another, 70 
 desertion of apprenticed from service, 70 
 detention of, until apprenticed, 71 
 
 LANDHOLDER, 
 
 certificate by, for removal of stock, 64 
 
 MAGISTRATES, 
 
 appearance before, 42, 43, 53, 69 
 
 guardians of apprenticed children, 14 
 
 jurisdiction, 25, 69, 71 
 
 tutors of apprenticed children under Juvenile Offenders Act, 69 
 
 MAINTENANCE, 16 
 MARRIAGE, 
 
 female servants', effect of, 24 
 
 MASTER, 
 
 accusation by, groundless, 28 
 
 appearance before magistrate, 42, 53 
 
 assault by, on servant, if wrongful, cancels contract, 29 
 
 character by, not compulsory, 31 
 
 false, consequences of knowingly giving, 31 
 complaint by, lodgment of, 41 
 death of, effect on contracts of apprenticeship, 19 
 
 service, 18 
 
 definition of, 2 
 
 deposition, malicious, by, penalty, 49 
 
 food and clothing to be supplied to servant by, penalty on failure, 46 
 insolvency of, effect on contract of apprenticeship, 19 
 
 service, 18 
 
 journeys by, certain servants and apprentices bound to proceed on, 22 
 leaving colony, when servants or apprentices to accompany, 21 
 marriage of female servant, rights of, 24
 
 INDEX. 79 
 
 MASTE R. continued. 
 
 property of servant withheld by, 45 
 
 residence of, changed, effect on contracts, 20, 21, 23 
 
 wages withheld by, 45 
 
 widow of deceased, may adopt contract of service, 20 
 
 MEETINGS AND ASSOCIATION'S, 33 
 
 MINORS, 
 
 debts due to, 64 
 
 MISCONDUCT, 
 
 servants', cancellation of contract for, 28 
 ,, punishment for, 35, 30, 38 
 
 MONTH, 
 
 definition of, 3 
 
 NATIVES, 
 
 agreement with beyond boundaries, 57 
 brought within colony against their will, 57 
 coming into colony voluntarily, 57 
 pass laws to apply to servants who are, G3 
 
 NATIVE CHILDREN, 
 
 brought within colony under 16, 58 
 age how judged, 60 
 apprenticeship of, 61 
 exceptions, 59 
 guardianship of, 59, 61 
 harbouring, penalty, 60 
 temporarily, 59 
 
 NOTICE, 
 
 contract before expiry of, 7 
 waiver of, 8 
 
 ORAL CONTRACTS, 5 
 
 PASSES TO NATIVES, 63 
 
 PENALTY, 
 
 charge brought without reasonable cause, 47 
 
 PRESCRIPTION, 
 debts, 63 
 
 PROPERTY, 
 
 master's, servant to compensate for damage to, 27 
 servants', master withholding, 45
 
 80 INDEX. 
 
 PROSECUTE, 
 who may, 51 
 
 PUNISHMENT, 
 
 contract not cancelled by, 39 
 conviction, second or subsequent, 36, 38 
 offences, for what, 26, 35, 39, 52, 70 
 property of servant, master withholding, 45 
 
 REFORMATORY, 
 
 apprenticeship of inmate of, 67 
 
 apprentices from, 67 
 
 absconding, 67 
 
 detention of child in, 66 
 REMOVAL OF APPRENTICE, 21 
 
 RESIDENCE, 
 
 master's, changed, 20, 21, 23 
 servants', on the premises, 8 
 
 SERVANTS, 
 
 absence of, period of, to be added to service, 27 
 abusive language used by, punishment for, 50 
 accused, not compelled to enter dock, 51 
 agricultural, 
 
 burgher service, if called out for, 11 
 
 children as, to what age, 13 
 appeals by, counsel may be assigned in, 30 
 appearance before magistrate, 42, 43, 53 
 apprehension of, 49, 50 
 character to, master not bound to give, 31 
 compensation by, for damage to or loss of master's property, 27 
 complaints by, 43, 44 
 contract with, punishment for master not supplying articles stipulated 
 
 for in, 46 
 
 Crown to appear for, in Appeals, 30 
 death of, payment of wages to date of, 20 
 definition of, 2 
 desertion, 50 
 
 domestic, must make certain journeys, 22 
 evidence by, 50 
 family, 53 
 
 contracts for service of, 10 
 
 husband's death nullifies contract, 11 
 
 residence of, 11 
 food and lodging to be supplied to, when, 8
 
 INDEX. > ! 
 
 SERVANTS. continued 
 
 imprisonment of, term of, to be added to service, 26 
 injuries to, 54 
 
 intimidation of, penalty for, 32 
 journeys by, 22 
 
 marriage of female, effect of, as to right of husband, 24 
 master, 24 
 
 misconduct of, cancellation of contract for, 28 
 property, master withholding, 45 
 punishment of, 26, 35, 39, 52, 70 
 contract not cancelled by, 39 
 conviction, second or subsequent, 36, 38 
 offences, for what, 26, 35 
 other than those employed on farms, 39 
 service after imprisonment, refusing to resume, 2G 
 residence on the premises, 8, 11 
 sickness of, provision in case of, 9 
 wages when not specified, 9 
 withheld by master, 45 
 witness on own behalf, 50 
 
 SERVICE, 
 
 husband, wife and children, 10 
 imprisonment after, 26 
 
 SICKNESS 
 servants', 9 
 
 SPAEE DIET AND SOLITARY CONFINEMENT 
 
 regulations as to, 47 
 
 STOCK 
 
 definition, 64, (note) 
 removal of, certificate for r 64 
 
 TREATMENT OF DESTITUTE CHILDREN, 14 
 
 WAGES 
 
 children's, 16 
 
 juvenile offenders (apprenticed), 69 
 rate of, when not specified, 9 
 servants, paid up to death, 20 
 withheld by master, 45 
 
 WAIVER OF NOTICE, 8 
 
 WIDOW 
 
 of deceased master may adopt contract of service, 20
 
 82 
 
 WIFE 
 
 service of, 10, 11 
 
 WITNESS, 
 
 servant, on his own behalf, 50 
 
 WORKMEN, 
 
 compensation to, 54 
 exceptions, 55 
 
 University of California 
 
 SOUTHERN REGIONAL LIBRARY FACILITY 
 
 405 Hilgard Avenue, Los Angeles, CA 90024-1388 
 
 Return this material to the library 
 
 from which it was borrowed. 
 
 01 JAN 2 3 

 
 A 000100378 9
 
 
 
 fflSL 
 
 Univei 
 
 Sou 
 Lil