| Act of Parliament | |
 | |
| Long title | An act to enlarge the Powers of Justices in determining Complaints between Masters and Servants, and between Masters, Apprentices, Artificers and others. |
|---|---|
| Citation | 4 Geo. 4. c. 34 |
| Dates | |
| Royal assent | 17 June 1823 |
Status: Repealed | |
The Master and Servant Act 1823 was an Act of Parliament of the United Kingdom. It sought to codify the general use of penal sanctions for breach of contract by workers against their employers. [1]
Embezzlement is a term commonly used for a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking advantage of their position to steal funds or assets, most commonly over a period of time.
Redemptioners were European immigrants, generally in the 18th or early 19th century, who gained passage to the American Colonies by selling themselves into indentured servitude, to pay back the shipping company which had advanced the cost of their transatlantic voyage. British indentured servants generally did not arrive as redemptioners, after the early colonial period, due to certain protections afforded them by law. Redemptioners were at a disadvantage because they negotiated their indentures upon their arrival in America, after a long and difficult voyage, with no prospect to return to their homelands.
Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensation or debt repayment, or it may be imposed "involuntarily" as a judicial punishment. Historically, it has been used to pay for apprenticeships, typically when an apprentice agreed to work for free for a master tradesman to learn a trade. Later it was also used as a way for a person to pay the cost of transportation to colonies in the Americas.
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason, and without warning, as long as the reason is not illegal. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.
A domestic worker or domestic servant is a person who works within a residence and perform a variety of household services for an individual, from providing cleaning and household maintenance, or cooking, laundry and ironing, or care for children and elderly dependents, and other household errands. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service".
Respondeat superior is a doctrine that a party is responsible for acts of their agents. For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions.
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage.
Master and Servant Acts or Masters and Servants Acts were laws designed to regulate relations between employers and employees during the 18th and 19th centuries. An 1823 United Kingdom Act described its purpose as "the better regulations of servants, labourers and work people". This particular Act greatly influenced industrial relations and employment law in the United States, Australia, Canada (1847), New Zealand (1856) and South Africa (1856). These Acts are generally regarded as heavily biased towards employers, designed to discipline employees and repress the "combination" of workers in trade unions.
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular.
In Islamic law, a mukataba is a contract of manumission between a master and a slave according to which the slave is required to pay a certain sum of money during a specific time period in exchange for freedom. In the legal literature, slaves who enter this contract are known as mukatab. The Ẓāhirī school of Islamic jurisprudence view it to be compulsory, while the Shafa'is, Malikis and Hanafis perceive it to be merely recommended, and mustahabb (praiseworthy) to do so. Mukataba is one of the four procedures provided in Islam for manumission of slaves.
The Virginia Slave Codes of 1705, were a series of laws enacted by the Colony of Virginia's House of Burgesses in 1705 regulating the interactions between slaves and citizens of the crown colony of Virginia. The enactment of the Slave Codes is considered to be the consolidation of slavery in Virginia, and served as the foundation of Virginia's slave legislation. All servants from non-Christian lands became slaves. There were forty one parts of this code each defining a different part and law surrounding the slavery in Virginia. These codes overruled the other codes in the past and any other subject covered by this act are canceled.
Lumley v. Gye [1853] EWHC QB J73 is a foundational English tort law case, heard in 1853, in the field of economic tort. It held that one may claim damages from a third person who interferes in the performance of a contract by another.
Ready Mixed Concrete Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497 is a UK labour law case concerning the definition of a contract of service, rather than a contract for services. The distinction is important because many employment law rights under the Employment Rights Act 1996 require that a claimant has "employee" status under s 230. An employee is defined as someone with a contract of employment, and that is defined to be a contract of service. This is a leading case.
Affreightment is a legal term relating to shipping.
Indentured servitude in Pennsylvania (1682-1820s): The institution of indentured servitude has a significant place in the history of labor in Pennsylvania. From the founding of the colony (1681/2) to the early post-revolution period (1820s), indentured servants contributed considerably to the development of agriculture and various industries in Pennsylvania. Moreover, Pennsylvania itself has a notable place in the broader history of indentured servitude in North America. As Cheesman Herrick stated, "This system of labor was more important to Pennsylvania than it was to any other colony or state; it continued longer in Pennsylvania than elsewhere."
The tort of seduction was a civil wrong or tort in common law legal systems, and still exists in some jurisdictions.
Lister v Romford Ice and Cold Storage Co Ltd[1956] UKHL 6 is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment.
The Master and Servant Act 1867 was an Act of Parliament of the United Kingdom which sought to criminalize breach of contract by workers against their employers. Although it did still give employers and prosecutors warrant to prosecute breach of contract the act was more progressive than the former standard set by the 1825 Combination Act whereby employees seeking to form labor unions and such could be prosecuted for criminal conspiracy in restraint of trade. Under the new standard employees could only be charged for "aggrevated cases" and breach of contract, which was at the time seen as an improvement. The Employers and Workmen Act 1875 was passed in substitution for this Act.
Indentured servitude in British America was the prominent system of labor in the British American colonies until it was eventually supplanted by slavery. During its time, the system was so prominent that more than half of all immigrants to British colonies south of New England were white servants, and that nearly half of total white immigration to the Thirteen Colonies came under indenture. By the beginning of the American Revolutionary War in 1775, only 2 to 3 percent of the colonial labor force was composed of indentured servants.
The Relief of the Poor Act 1696, formally titled An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom, was a 1697 welfare statute, operating within the framework of the Poor Relief Act 1601. This act is perhaps best remembered for its expansion of the requirement that welfare recipients be marked to indicate their status, in this case by wearing a prominent badge.
