126:, estimated that, "n one year alone, 1864, the last return given, under the Master and Servants Act, 10,246 working men were imprisoned at the suit of their masters — not one master at the suit of the men!" There is some evidence, however, that this may not universally have been the case; at least one scholar has shown that local courts enforced causes of action in the early-to-mid-19th century against masters as well, in at least some instances, albeit in Canada.
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which supposedly limited imprisonment to "aggravated" breaches of contract (where injury to persons or property was likely to result), but it was clear that only workers were subject to its provisions. Imprisonment, even for non-aggravated breaches of contract, continued when working people failed to comply with court orders for specific performance or for non-payment of monetary damages and fines.
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for offences including leaving place of work without permission and being found in hotels. By 1902, the 1823 Act had been modified to include forfeit of wages if the written or unwritten contract for work was unfulfilled. Absence from place of work was punishable by imprisonment of up to three months
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During the 1860s, punitive provisions were extended by judicial interpretation, leading to the imprisonment of union officials who led strikes or issued verbal calls challenging an employer's hiring practices such as only using non-union workers. A revised Master and
Servant Act was passed in 1867,
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A 2013 study found evidence suggesting that "Master and
Servant law allowed workers to insure themselves against labor market risk by allowing them to credibly commit to stay with an employer despite a higher outside wage; when employees did breach their contracts in hope of higher wages, employers
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with or without hard labour. There were also penalties of up to 10 pounds for anyone who harboured, concealed or re-employed a 'servant' (i.e. worker) who had deserted or absconded or absented himself from his duty implied in the 'contract'.
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government, claiming that "Our rights as workers are back where they were in the early 1800s - the only thing now missing is a Master - Servants Act." Similar comparisons have been made by social commentators, unionists and politicians.
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employer, with infringements of the contract punishable before a court of law, often with a jail sentence of hard labour. It was used against workers organising for better conditions from its inception until well after the first
517:
Hay, Douglas; Craven, Paul (ed.). Masters, Servants, and
Magistrates in Britain and the Empire, 1562–1955 (Studies in Legal History). Chapel Hill: University of North Carolina Press, 2004. xi, 592 p.
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used prosecution to retain labor. The elimination of penal sanctions for breach of contract in 1875 was associated with shorter contracts and higher, but more volatile, wages."
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was implemented, which secured the legal status of trade unions. Until then, a trade union could be regarded as illegal because of being "in restraint of trade".
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81:(1856). These Acts are generally regarded as heavily biased towards employers, designed to discipline employees and repress the "combination" of workers in
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The 1823 Act is not a widely remembered part of
Australian political history (although there is a more general association of unacceptable
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Act described its purpose as "the better regulations of servants, labourers and work people". This particular Act greatly influenced
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272:"Review of "Governments, Labour, and the Law In Mid-Victorian Britain: the Trade Union Legislation Of the 1870s", by Mark Curthoys"
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jurisdiction, between 1835 and 1845, when labour shortages were acute, over 20% of prison inmates had been convicted under the
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165:. In 1840, employees in Australia who left their employment without permission were subject to being hunted down under the
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As little as one hour's absence by a free servant without permission could precipitate a punishment of prison or the
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with the
Victorian period). In 2006 a group of trade unionists referred to the 1823 Act in their criticism of the "
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Between 1858 and 1875 on average 10,000 prosecutions a year took place under the Act in
Britain. Ernest Jones, a
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477:
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Governments, Labour, and the Law in Mid-Victorian
Britain: The Trade Union Legislation of the 1870s
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225:"Coercive Contract Enforcement: Law and the Labor Market in Nineteenth Century Industrial Britain"
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321:
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530:
Coercive
Contract Enforcement: Law and the Labor Market in Nineteenth Century Industrial Britain
478:""Too Well Used by His Master": Judicial Enforcement of Servants' Rights in Montreal, 1830-1845"
314:""Too Well Used by His Master": Judicial Enforcement of Servants' Rights in Montreal, 1830-1845"
500:"The Law of Servants and the Servants of Law: Enforcing Masters' Rights in Montreal, 1830–1845"
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The law required the obedience and loyalty from servants to their
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Laws regulating the relations between employers and employees
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Newcastle Miners and The Master and
Servant Act, 1830–1862
472:, Oxford University Press. Reviewed by Philip Benesch.
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The Legal
Concept of Employment: Marginalizing Workers
532:." American Economic Review, 103 (1): 107-44.
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49:during the 18th and 19th centuries. An 1823
528:Naidu, Suresh, and Noam Yuchtman. 2013. "
388:"Howard aims to create his own dystopia"
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189:" industrial relations policies of the
41:designed to regulate relations between
422:Legislative Council of New South Wales
356:Masters and Servants Act (1902) N.S.W.
223:Naidu, Suresh; Yuchtman, Noam (2013).
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367:Geelong Trades Hall (11 July 2006).
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424:. 12 October 2005. Archived from
386:Kenneth Davidson (23 June 2005).
449:Ernest Jones (4 January 1867).
413:Parliamentary Debates (Hansard)
293:Ernest Jones (4 January 1867).
270:Philip Benesch (January 2005).
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276:Law and Politics Book Review
204:Master and Servant Act 1889
175:New South Wales Act of 1823
146:Master and Servant Act 1867
136:Master and Servant Act 1823
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445:- Law Commission of Canada
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551:United Kingdom labour law
498:Ian C. Pilarczyk (2001).
476:Ian C. Pilarczyk (2001).
312:Ian C. Pilarczyk (2001).
35:Masters and Servants Acts
229:American Economic Review
183:exploitation of workers
31:Master and Servant Acts
18:Master and Servant Acts
451:"Democracy Vindicated"
295:"Democracy Vindicated"
556:Australian labour law
546:History of labour law
369:"The Peoples Demands"
241:10.1257/aer.103.1.107
428:on 22 February 2006.
346:number 16, May 1969.
98:Trade Union Act 1871
55:industrial relations
507:McGill Law Journal
486:McGill Law Journal
464:by Mark Curthoys,
375:on 13 August 2006.
342:by J.W. Turner in
322:McGill Law Journal
150:30 & 31 Vict.
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187:WorkChoices
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210:References
112:See also:
90:contracted
249:0002-8282
171:Melbourne
169:. In the
163:treadmill
124:barrister
67:Australia
47:employees
43:employers
257:30834417
198:See also
142:. c. 34)
140:4 Geo. 4
73:(1847),
393:The Age
152:c. 141)
61:in the
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191:Howard
71:Canada
503:(PDF)
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253:S2CID
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