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No. 1. performance of any work or labour of any kind, herein before parAct 3 Vic. ticularly mentioned ; and that for the purposes, and within the
meaning, aforesaid, the words “Stipendiary Justice” shall be con
strued and understood to comprise such Justices only, as being in “Stipendiary the receipt of stipends for their maintenance, as such Justices, Justices.” shall be named in any commission issued, or hereafter to be issued,
in the name of Her Majesty, appointing them to act as Stipendiary
Justices for these islands, or for any town, island, or district of the Import of
XXVI. That all words in this Act importing the singular terms used in this Act.
number, or masculine gender, only, shall be understood to include
years, is repealed by 3 Vic. ch. 36.
No. 2. Act 3 Vic.
No. 2.-3 Vic. ch. 36. An Act to amend an Act, entitled, “An Act
for regulating the relative duties of Masters and Servants ; for providing for the Apprenticing of Children, and for other pur
poses.” (February 20th, 1840.) I. Repeals so much of the 15th section of 3 Vic. ch. 1, as limits the amount of compensation to be awarded under the said section.
II. Repeals so much of the 16th section of said Act as limits the duration of imprisonment of a master to fourteen days, and declares that it shall be lawful for a Stipendiary Justice, in any case coming within the meaning of the said 16th section, to commit the offender to prison for any term not exceeding thirty days.
III. Repeals 27th section of the said Act.
No. 3. Act of Parl. 6 Geo. 4,
c. 129, extended by . 3 Vic. c. 1.
Penalty on persons compelling Journeymen to leave their employment, &c.
No. 3.-Act of Parliament, 6 Geo. 4, ch. 129 (declared to be in force
here in this Colony, by the 24th sec. of 3 Vic. ch. 1). An Act to repeal the Laws relating to the Combination of Workmen,
and to make other Provisions in lieu thereof. I. & II. Repeals various Acts of Parliament, which, however, were not previously in force in these islands.
III. That from and after the passing of this Act, if any person shall, by violence to the person or property, or by threats, or intimidation, or by molesting, or in any way obstructing another, force, or endeavour to force, any journeyman manufacturer, workman, or other person, hired or employed in any manufacture, trade, or business, to depart from his hiring, employment, or work; or to return his work before the same shall be finished; or prevent, or endeavour to prevent, any journeyman manufacturer, workman, or other person, not being hired or employed, from hiring himself to, or from accepting work or employment from any person or persons ; or if any person shall use or employ violence to the person or property of another, or threats or intimidation, or shall molest or in any way obstruct another, for the purpose of No. 3. forcing or inducing such person to belong to any club or asso- Act of Parl. ciation, or to contribute to any common fund; or to pay any fine 6 Geo. 4, or penalty; or on account of his not belonging to any particular
c. 129, club or association; or not having contributed, or having refused extended by to contribute to any common fund, or to pay any fine or penalty; 3 Vic. c. 1. or on account of his not having complied, or of his refusing to comply with any rules, orders, resolutions, or regulations, made to obtain an advance, or to reduce the rate of wages, or to lessen or alter the hours of working, or to decrease or alter the quantity of work, or to regulate the mode of carrying on any manufacture, trade, or business, or the management thereof; or if any person shall, by violence to the person or property of another, or by threats or intimidation, or by molesting, or in any way obstructing another, force, or endeavour to force, any manufacturer or person carrying on any trade or business, to make any alteration in his mode of regulating, managing, conducting, or carrying on such manufacture, trade, or business; or to limit the number of his apprentices, or the number or description of his journeymen, workmen, or servants; every person so offending, or aiding, abetting or assisting therein, being convicted thereof in manner hereinafter mentioned, shall be imprisoned only, or shall and may be imprisoned and kept to hard labour, for any time not exceeding three calendar Imprisonment. months.
IV. That this Act shall not extend to subject any persons to Not to affect punishment, who shall meet together for the sole purpose of con- meetings for sulting upon and determining the rate of wages or prices, which settling rates
of wages, &c. the persons present at such meeting, or any of them, shall require or demand, for his or their work, or the hours or time for which he or they shall work, in any manufacture, trade, or business; or who shall enter into any agreement, verbal or written, among themselves, for the purpose of fixing the rate of wages or prices, which the parties entering into such agreement, or any of them, shall require or demand for his or their work, or the hours of time for which he or they will work, in any manufacture, trade, or business; and that persons so meeting, for the purposes aforesaid, or entering into any such agreement as aforesaid, shall not be liable to any prosecutions or penalty for so doing, any law or statute to the contrary notwithstanding.
V. That this Act shall not extend to subject any persons to Not to affect punishment, who shall meet together for the sole purpose of con- meetings for sulting upon and determining the rate of wages or prices, which rates of wages, the persons present at such meeting, or any of them, shall
to his or their journeymen, workmen, or servants, for their work, or the hours or time of working in any manufacture, trade, or business; or who shall enter into any agreement, verbal or written, among themselves, for the purpose of fixing the rate of wages or prices, which the parties entering into such agreement, or any of them, shall pay to his or their journeymen, workmen, or servants, for their work, or the hours or time of working in any manufacture, trade, or business; and that persons so meeting, for the purposes aforesaid, or entering into any such agreement, as aforesaid, shall not be liable to any prosecution or penalty for so doing; any law or statute to the contrary notwithstanding.
VI. That all and cvery person and persons who shall or may
offend against this Act, shall and may, equally with all other perAct of Parl. sons, be called upon and compelled to give his or her testimony 6 Geo. 4, and evidence as a witness or witnesses on behalf of His Majesty, or
of the prosecutor or informer, upon any information to be made or extended by exhibited under this Act, against any other person or persons, not 3 Vic. c. 1. being such witness or witnesses, as aforesaid ; and that, in all such Offenders com
cases, every person, having given his or her testimony or evidence, pelled to give
as aforesaid, shall be and is hereby indemnified of, from, and evidence. against, any information to be laid, or prosecution to be commenced, Indemnified. against him or her, for having offended in the matter wherein, or
relative to which, he, she, or they shall have given testimony or
evidence, as aforesaid. Justices may
VII. That on complaint and information on oath, before any one fenders.
or more Justice or Justices of the Peace, of any offence having been committed against this Act, within his or their respective jurisdictions, and within six calendar months before such complaint or information shall be made, such Justice or Justices are hereby authorized and required to summon the person or persons charged with being an offender or offenders against this Act, to appear before
any two such Justices, at a certain time or place to be specified; Not appearing, and if any person or persons so summoned shall not appear, accordwarrants may be issued.
ing to such summons, then such Justices (proof on oath having been first made before them of the due service of such summons on such person or persons by delivering the same to him or them personally, or leaving the same at his or their usual place of abode, provided the same shall be so left twenty-four hours, at the least, before the time which shall be appointed to attend the said Justices, upon such summons), shall make and issue their warrant or warrants for apprehending the person or persons so summoned and not appearing, as aforesaid, and bringing him or them, before such Justices; or it shall be lawful for such Justices, if they shall think fit, without issuing any previous summons, and, instead of issuing the same, upon such complaint and information, as aforesaid, to make and issue their warrant or warrants for apprehending the person or persons by such information charged to have offended against this Act, and bringing him or them before such Justices; and upon the person or persons complained against, appearing
upon such summons, or being brought by virtue of such warrant On their appear- or warrants, before such Justices; or upon proof on oath of such ance or proof of person or persons absconding, so that such warrant or warrants absconding.
cannot be executed, then such Justices shall, and they are hereby authorized and required, forthwith to make inquiry touching the matters complained of, and to examine into the same by the oath or oaths of any one or more credible person or persons, as shall be requisite, and to hear and determine the matter of
such comProceedings. plaint; and upon confession by the party or proof by one or more
credible witness or witnesses upon oath, to convict or acquit the party or parties against whom complaint shall have been made, as such complaint, and which time and place shall be specified in such No. 3. summons: and if any person or persons so summoned to appear as Act of Parl. a witness or witnesses, as aforesaid, shall not appear before such 6 Geo. 4, Justices at the time and place specified in such summons, or offer
aforesaid. Justices may
VIII. That it shall be lawful for the Justices of the Peace before suinmon wit- whom any such complaint and information shall be made, as afore
said, and they are hereby authorized and required, at the request, in writing, of any of the parties, to issue his or their summons to any witness or witnesses, to appear and give evidence before such Justices at the time and place appointed for hearing and determining
c. 129, some reasonable excuse for the default, or appearing according to extended by such summons, shall not submit to be examined as a witness or 3 Vic. c. 1. witnesses, and give his or their evidence before such Justices, touching the matter of such complaint, then, and in every such case, it shall be lawful for such Justices, and they are hereby authorized (proof on oath, in the case of any person not appearing according to such summons, having been first made before such Justices of the Peace, of the due service of such summons on every such person, by delivering the same to him, or her, or by leaving the same twenty- Proceeding. four hours before the time appointed for such person to appear before such Justices, at the usual place of abode of such person,) by warrant, under the hands of such Justices, to commit such person or persons, so making default in appearing, or appearing and refusing to give evidence, to some prison within the jurisdiction of such Justices, there to remain, without bail or mainprize, for three calendar months, or until such person or persons shall submit to be examined, and give evidence before such Justices as aforesaid.
IX. That the Justices, before whom any person or persons shall Convictions to be convicted of any offence against this Act, or by whom any person
be drawn up shall be committed to prison for not appearing as a witness, or not according to submitting to be examined, shall cause all such convictions, and the warrants or orders for such commitments, to be drawn up in the form or to the effect set forth in the Schedule to this Act annexed.
X. That the Justices before whom any such conviction shall be Convictions to had shall cause the same (drawn up in the form, or to the effect be filed, hereinbefore directed,) to be fairly written on parchment, and transmitted to the next General Sessions, or General Quarter Sessions of the Peace, to be holden for the county, riding, division, city, liberty, town, or place, wherein such conviction was had, to be filed amongst the records of the said General Sessions, or General Quarter Sessions; and in case any person or persons shall appeal, in manner hereinafter mentioned, from the judgment of the said Justices to the said General Sessions, or General Quarter Sessions, the Justices in such General Sessions, or General Quarter Sessions, are hereby required, upon receiving such conviction, to proceed to the hearing and determination of the matter of the said appeal, according to the directions of this Act.
XI. Relates to proceedings in Scotland.
XII. That if any person convicted of any offence or offences, Persons may punishable by this Act, shall think himself or herself aggrieved by appeal to the
General Quarthe judgment of such Justices, before whom he or she shall have
ter Sessions. been convicted, such person shall have liberty to appeal from every such conviction to the next Court of General Sessions, or General Quarter Sessions of the Peace, which shall be held for the county, riding, division, city, liberty, town or place, wherein such offence was committed : and that the execution of every judgment so appealed from shall be suspended in case the person so convicted shall immediately enter into recognizances before such Justices, (which they are hereby authorized and required to take,) himself in the penal sum of ten pounds, with two sufficient suroties, in the
No. 3. penal sum of ten pounds of lawful money of Great Britain, upon Act of Parl. condition to prosecute such appeal with effect, and to be forth6 Geo. 4, coming to abide the judgment and determination of the said next
c. 129, General Sessions, or General Quarter Sessions, and to pay such extended by costs as the said Court shall award on such occasion: and the 3 Vic. c. 1. Justices in the said next Court of General Sessions, or General
Quarter Sessions, are hereby authorized and required to hear and determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable, to be paid by either party, which decision shall be final : and if, upon hearing the said appeal, the judgment of the Justices before whom the appellant shall have been convicted shall be affirmed, such appellant shall immediately be committed by the said Court to the common gaol, or house of correction, without bail or mainprize, according to such conviction,
and for the space of time therein mentioned. No master to XIII. That no Justice of the Peace, being also a master in the act as Justice, particular trade or manufacture in, or concerning which, any offence
is charged to have been committed under this Act, shall act as such Justice under this Act.
SCHEDULE TO WHICH THIS ACT REFERS.
FORM OF CONVICTION AND COMMITMENT.
Be it remembered, that on the
year of His Majesty's reign, and in the year of our Lord
X. B. is convicted before us (naming the Justices), two of His Majesty's Justices of the Peace, for the county (or riding, division, city, liberty, town or place,) of
of having (stating the offence) contrary to the Act made in the Sixth year of the reign of King George the Fourth, entitled, “ An Act” (here set forth the title of this Act): and we, the said Justices, do hereby order and adjudge the said A. B., for the said offence, to be committed to, and confined in, the common gaol for the said county (or riding, division, city, liberty, town, or place), for the space of
or to be committed to the house of correction, at
Given under our hands, the day and year above written.
being the time and place appointed for hearing and determining the complaint made by (the informer (or] prosecutor) before us, against A. B., of having (stating the offence as laid in the information), contrary to the Act made in the Sixth year of the reign of King George the Fourth, entitled, “ An Act ” (here insert the title of this Act). And whereas the said C. D. hath not appeared before us, at the time and place aforesaid specified for that purpose, or offered any reasonable excuse for his or her de