Master and Servant Act
Encyclopedia
Master and Servant Acts or Masters and Servants Acts were law
s 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
(an 1845 Act), 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.
The law required the obedience and loyalty from servants to their contract
ed 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 United Kingdom
Trade Union Act 1871
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".
Between 1858 and 1875 on average 10,000 prosecutions a year took place under the Act in Britain. Ernest Jones, a barrister
, estimated that, "In 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!"http://www.gerald-massey.org.uk/dop_e_jones_democracy.htm 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.http://lawjournal.mcgill.ca/documents/Pilarczyk.pdf
jurisdiction, between 1835 and 1845, when labour shortages were acute, over 20% of prison inmates had been convicted under the New South Wales Act 1823 (UK)
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 with or without hard labour. There were also penalties of up to 10 pounds for anyone who harboured, concealed or re-employed a 'servant' (ie. worker) who had deserted or absconded or absented himself from his duty implied in the 'contract'.
The 1823 Act is not a widely-remembered part of Australian political history (although there is a more general association of unacceptable exploitation of workers with the Victorian period). In 2006 a group of trade unionists referred to the 1823 Act in their criticism of the "WorkChoices
" industrial relations policies of the Howard
government, claiming that "Our rights as workers are back where they were in the early 1800’s - the only thing now missing is a Master - Servants Act."http://melbourne.indymedia.org/news/2006/07/116625.php Similar comparisons have been made by social commentators, unionists and politicians http://www.theage.com.au/articles/2005/06/22/1119321789172.htmlhttp://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20051012039http://www.cfmeu-construction-nsw.com.au/pdf/SpeechDC.pdf&e=9797
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s designed to regulate relations between employers and employees during the 18th and 19th centuries. An 1823 United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
(an 1845 Act), Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
(1847), New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
(1856) and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(1856). These Acts are generally regarded as heavily biased towards employers, designed to discipline employees and repress the "combination" of workers in trade unions.
The law required the obedience and loyalty from servants to their contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
ed 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 United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Trade Union Act 1871
Trade Union Act 1871
Trade Union Act 1871 was a Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom.-Background:...
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".
Use in Britain
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, 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.http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/curthoys105.htmBetween 1858 and 1875 on average 10,000 prosecutions a year took place under the Act in Britain. Ernest Jones, a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, estimated that, "In 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!"http://www.gerald-massey.org.uk/dop_e_jones_democracy.htm 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.http://lawjournal.mcgill.ca/documents/Pilarczyk.pdf
Use in Australia
As little as one hour’s absence by a free servant without permission could precipitate a punishment of prison or the treadmill. In 1840, employees in Australia who left their employment without permission were subject to being hunted down under the Bushrangers Act. In the MelbourneMelbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
jurisdiction, between 1835 and 1845, when labour shortages were acute, over 20% of prison inmates had been convicted under the New South Wales Act 1823 (UK)
New South Wales Act 1823 (UK)
The New South Wales Act 1823 was an Act of the Parliament of the United Kingdom with the long title "An Act to provide, until the First Day of July One thousand eight hundred and twenty-seven, and until the End of the next Session of Parliament, for the better Administration of Justice in New...
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 with or without hard labour. There were also penalties of up to 10 pounds for anyone who harboured, concealed or re-employed a 'servant' (ie. worker) who had deserted or absconded or absented himself from his duty implied in the 'contract'.
The 1823 Act is not a widely-remembered part of Australian political history (although there is a more general association of unacceptable exploitation of workers with the Victorian period). In 2006 a group of trade unionists referred to the 1823 Act in their criticism of the "WorkChoices
WorkChoices
The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, popularly known as Work Choices, was a Legislative Act of the Australian Parliament that came into effect in March 2006 which involved many controversial amendments to the Workplace Relations Act 1996, the...
" industrial relations policies of the Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
government, claiming that "Our rights as workers are back where they were in the early 1800’s - the only thing now missing is a Master - Servants Act."http://melbourne.indymedia.org/news/2006/07/116625.php Similar comparisons have been made by social commentators, unionists and politicians http://www.theage.com.au/articles/2005/06/22/1119321789172.htmlhttp://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20051012039http://www.cfmeu-construction-nsw.com.au/pdf/SpeechDC.pdf&e=9797
External links
- The Legal Concept of Employment: Marginalizing Workers - Law Commission of Canada
- Ernest Jones: 'Democracy Vindicated'
- Governments, Labour, and the Law in Mid-Victorian Britain: The Trade Union Legislation of the 1870s by Mark Curthoys, ISBN 0-19-926889-4, Oxford University Press. Reviewed by Philip Benesch.
- Ian C. Pilarczyk, "'Too Well Used by His Master': Judicial Enforcement of Servants' Rights in Montreal, 1830-1845", 46 McGill L.J. 491-529 (2001) http://www.journal.law.mcgill.ca/abs/vol46/2pilar.html
- Ian C. Pilarczyk, "The Law of Servants and the Servants of Law: Enforcing Masters' Rights in Montreal, 1830-1845", 46 McGill L.J. 779-836 (2001) http://www.journal.law.mcgill.ca/abs/vol46/3pilar.html.
- 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. ISBN 0807828777.