Labor in United Kingdom

Concept of Labor

The following is an old definition of Labor [1], a term which has several meanings:1, (noun) Manual exertion of a toilsome nature. This is the meaning in statutes, unless plainly used in another sense. Toil, or that which does or may produce weariness, and not mere business, is the idea conveyed by the word as ordinarUy employed in Sun- day laws. Technically, embraces all sorts of services, whether physical or me ntal, or whether the main ingredient is manual toil or professional or other skill; but in the narrower and popular signification, is restricted to physical toil. In its most extended sense, includes every possible human exertion, mental or physical. Common labor. Ordinary manual labor, as distinguished from intellectual labor. In the Sunday law of Ohio, embraces “trading, bartering, selling, or buying any goods, wares, or merchandise.” Gaming is not an act of ” common labor ” or of one’s usual vocation. Hard labor. State’s prison convicts often are sentenced to perform ” hard labor.” This imports nothing more than ordinary industry at some mechanical trade. Imprisonment at hard labor may be changed to mere imprisonment, where an act provides for imprisonment only. Where hard labor is prescribed as part of the punishment it must be included’ in the sentence; but where naere imprisonment is required, a Federal court is authorized, in its discretion, to order its sentence to be executed at a place where, as part of the discipline, hard labor is required. When the use of the word “hard ” may be treated as surplusage, the sentence will still stand. Hard labor was first introduced into English prisons in 1706. See further Imprisonment; Infamy. Laborer. One who labors in a toilsome occupation. One who gains a livelihood by manual toil; one who depends on hand work, not on head work, for a living.0 He is a species of servant, hired by the day or week, and not part of the family of the employer. 1 In statutes giving laborers a lien or priority, or a special remedy, ” laborer ” means a person engaged in manual occupation, rather than one engaged in a learned profession. 0 Within the meaning of lien laws ” labor” has been held to include the services of an architect; 2 but not of one who superintends the erection of a building; nor of a civil or consulting engineer; nor of the foreman of a mine; nor of an overseer of a plantation; nor of a teamster; nor of a time-keeper and superintendent; nor of a cook in a hotel. Bodily labor bestowed upon a subject which before lay in common to all men, gives the most reasonable title to an exclusive property therein. Labor is property. As such it merits protection. The right to make it available is next in importance to the rights of life and liberty. It lies, to a large extent, at the foundation of most forms of property, and of all solid individual and national prosperity. The act of Congress of February 26, 1886 (23 St. L. 333), makes it unlawful for any person to assist or encourage the importation or migration of foreigners under contract to perform labor or service of any kind, made previous to the importation. The penalty is a forfeiture of one thousand dollars for every laborer brought into the country; and tbe master of any vessel who knowingly brings in such emigrant laborer shall be guilty of a misdemeanor, pay a fine of not more than five hundred dollars, and be imprisoned for a term not exceeding six months. The act excepts foreigners engaged as private secretaries, servants or domestics of foreigners, skilled workmen performing labor in a new industry, professional actors, artists, lecturers, singera, domestic servants, and relatives and friends assisted to come here for settlement. That act was amended by the act of February 23, 1887 (24 St. L. 414), empowering the secretary of the treasuiy to execute the original act, and, for that purposc, to make contracts with State officers – to take charge of immigration, to examine ships as to the con- dition of passengers, to report to the collector of the port any persons within the prohibition of the act, and that such persons shall not be permitted to land, but shall be sent back to the country whence (the word(s) which follow it are derivatives from the same root word) they came, at the expense of the owners of the vessel in which they emigrated. Labor, bureau of. An act approved Jime 27, 1884 (23 St. L. 60), provides that there shall be established in the department of the interior a bureau of labor, to be under the charge of a commissioner of labor, appointed by the President, with tbe consent of the Senate. The commissioner shall hold office for four years, and, until his successor shall be qualified, unless sooner removed, at a salary of $3,000 a year. He ” shall collect information upon the subject of labor, its relation to capital, the hours of labor, and the earnings of laboring men and women, and the means of promoting their material, social, intellectual, and moral prosperity.” The secretary of the interior, upon the recommendation of the commissioner, shall appoint a chief clerk, at a salary of 82,000 a year, and such other employees as may be necessary for the bureau. Dvu:ing the necessary absence of the commissioner, or when the office shall become vacant, the chief clerk shall perform the duties of the commissioner. The commissioner shall annually report in writing to the secretary of the interior the information collected and collated by him, and such recommendations as he may deem calculated to promote the efficiency of the bureau. See Author; Chinese; Employment; Lien, Mechanic’s; Material-man; Occupancy; Servant; Strike; Sunday; Trade; Wages.

Alternative Meaning

(Verb)To influence a jury against its duty; to persuade a juror not to appear at court. The first lawyer who came from England to practice in Boston is said to have been sent bacii; for “laboring” a jury.

Resources

Notes and References

1. Meaning of Labor provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)