LEAVE. FIRST READING. (Hansard, 2 April 1867)

§ LORD ELCHO

moved for leave to bring in a Bill to amend the Law of Master and Servant. He said, that a few weeks ago he had asked his right hon. Friend (Mr. Walpole) to take up the subject and bring in a Bill, thinking that the subject was of too great importance to be intrusted to the care of a private Member. But as his right hon. Friend's arrangements rendered it impossible for him to attempt legislation during the present Session, and as there was a strong impression that some should take place without unnecessary delay, he hoped the House would grant him leave to introduce the Bill. A Select Committee had sat last year upon that question, and, after going very fully into all its bearings, came to the conclusion that the present state of the law was objectionable and ought to be amended. As the law now stood a breach of contract, which ought to be viewed and which the Committee viewed as a civil offence, was treated criminally. That was the great grievance of which the employed class complained. The measure which he sought permission to introduce was mainly found on the principle laid down in the Report of the Committee—namely, that the breach of contract should be dealt with in future civilly and not criminally—that a servant should no longer be liable for a simple breach of contract to be seized, handcuffed, put in prison, and even subjected to hard labour. It was therefore proposed by the Bill that there should be equality between the employed and their employers—that breaches of contract, as a rule, should be treated as civil offences; but that there should be a distinction between two different classes of breaches of contract, that in ordinary cases they should be dealt with civilly, but that where there was any aggravation attending them, such as wilful injury to person or property, a criminal character should attach to them, and the persons committing them should be liable to imprisonment. It was proposed that ordinary breaches of contract should be tried before two justices of the peace or a stipendiary magistrate in England, and before the Sheriff in Scot- 1060 land; but that aggravated cases, where there bad been wilful injury to persons or property, should be remitted to the sheriff in Scotland, and to the sessions in England. It was also proposed that in ordinary breaches of contract the parties brought up for trial should be competent witnesses in their own cases; but that they should not give evidence in respect of aggravated or violent breaches of contract. The Bill likewise proposed to do away with arrestment of wages in Scotland. He had been in communication both with men and masters on that subject, and a Bill had been drawn up first by the men, and after wards submitted to the masters. The present measure, as he had intimated, was mainly based on the Resolutions of the Committee of last year; and both masters and men were agreed in the main on its provisions. He trusted, therefore, that there was a prospect of satisfactory legislation on the question this Session, and all he asked was, that the House might extend to him, as a private Member, that kind consideration and ready help which he was sure it would extend, and without which he could not hope to carry his measure.