SERVANTS IN tions in the aforesaid acts, enumerated in any other way than in GENERAL. the lawful coin or money of this realm, is prohibited and made penal; and that by stat. 58 G. 3. c. 51., it was made lawful for all persons concerned in the trades or occupations, or concerned in the employment of artificers, workmen, or labourers of the descriptions mentioned in the aforesaid acts or any of them, to pay the wages of their workmen, labourers, or artificers, in a note or notes of the governor and company of the bank of England, or in a note or notes of any duly licensed banker or bankers, issued under the authority of the statutes for the time being, in that behalf made and provided, and according to the provisions of the statutes for the time being, for granting and regulating the stamp duties in all cases where their labourers, workmen, or artificers should be willing to accept and receive the same in payment of their wages, but not otherwise; and whereas the protection intended to be afforded to artificers, workmen, and labourers of the description in the said acts mentioned, by requiring the payment of their wages in money or bank notes, is not effectually given by the provisions in the said acts mentioned, it is enacted, that if any person concerned in the employment of artificers, workmen, or labourers, of the descriptions mentioned in the aforesaid acts or any of them, shall, after the passing of the act, at any time make or impose, or cause to be made or imposed, any restriction, stipulation, or agreement, either directly or indirectly, as to the place or manner of expending or laying out the whole or any part of any wages, money, or bank notes, agreed to be paid to any artificer, workman, or labourer, of the description mentioned in the aforesaid acts or any of them, or as to the person or persons with whom the same or any part of such wages, money, or bank-notes shall be expended or laid out, or shall in any way do any thing contrary to or in violation of any of the provisions of the aforesaid acts or any of them, so far as respects the payment or receipt of wages; every person so offending, and being thereof lawfully convicted, shall forfeit and pay, in lieu of any penalty or penalties imposed by the said recited acts or any of them, any sum not less than £10, nor more than £20, in the discretion of the justice or justices before whom any such offenders shall be convicted, together with the full costs and charges attending such conviction; and which costs and charges. such justice or justices is and are hereby empowered to ascertain and settle; any thing contained in any act or acts of parliament SERVANTS IN to the contrary thereof in anywise notwithstanding (1). All the GENERAL. powers, provisions, and regulations in the said acts before-mentioned, or any of them, contained, for the levying, imposing, or recovering any penalty or forfeiture thereby imposed, shall and may be exercised and applied for the levying, enforcing, or recovering any forfeiture or penalty by this act imposed, in as ample and full a manner as if the same had been hereby enacted; and all and every penalties and penalty, when recovered, shall be applied and disposed of in such manner as forfeitures and penalties under the said recited acts or any of them, are, by the said act passed in the 58 Geo. 3., directed to be paid and applied (2). It is also enacted, that from and after the passing of this act, it shall be lawful for any court of quarter sessions, to which any appeal may be made, in pursuance of any provisions contained in the aforesaid acts or any of them, or of this act, respecting the payment or receipt of wages, to award treble costs, to be paid by the appellant or appellants, in any case where the cause of such appeal shall be by such court of quarter sessions determined against any such appellant or appellants, and to enforce the payment of such treble costs, in like manner as such court may be authorised to enforce the payment of common costs awarded by such court in ordinary cases (3). To encourage a provident disposition in the labouring classes Saving banks. of the community, some recent statutes have been passed of the 57 Geo. 3. c. 130., the 58th of the same reign, c. 48., and the I Geo. 4. c. 83., to establish and regulate the institutions called the saving banks, which are likely to be productive of considerable advantage. The 57 Geo. 3. enacts, that if any number of persons who have formed or shall form a society in any part of England for the purpose of establishing and maintaining any institution in the nature of a bank, to receive deposits of money for the benefit of the persons depositing it, and to accumulate the produce of so much thereof as shall not be required by the depositors, their executors or administrators, to be paid in the nature of compound interest, and to return the whole or any part of such deposit and the produce of it to the depositors, their executors or administrators, deducting only out of such produce so much as should be required to be so (3) Id. s. 3. (1) 1 Geo. 4. c. 93. s. i. (2) Id. s. 2. SERVANTS IN SERVANTS IN Clockmakers (2) rials, retained for the purpose of paying and discharging the necessary expences attending the management of such institution, according to rules, orders, and regulations established for that purpose, but deriving no benefit whatsoever from any such deposit or the produce thereof, shall be desirous of having the benefit of the provisions of the act, such persons shall cause the rules, orders, and regulations established for the management of such institution to be entered, deposited, and filed in manner therein directed, and thereupon shall be deemed entitled to the benefit of the provisions contained in the act. (1) Persons employed in the making of clocks and watches are governed by particular laws. By the 27 Geo. 2. c. 7. it is embezzling mate- enacted, that if any person hired or employed by any one practising the trade of clock-making or watch-making, or any part or branch thereof, to make, finish, alter, repair, or clean, any clock, watch, or part thereof, or intrusted by any person practising the said trade or trades, with any gold, silver, or other metal or material, to be or that shall be in the whole or in part wrought or manufactured for any part of a clock or watch, or any diamond or other precious stone to be, or that shall be set or fixed in or about any clock or watch, shall purloin, embezzle, secrete, sell, pawn, exchange, or otherwise unlawfully dispose of any clock, watch, gold, silver, or other metal or material, or any part thereof, or any diamond or other precious stone, with which he shall be so intrusted, and shall be thereof convicted by the oath of the owner, or other credible witness, or by confession before one justice where the offence shall be committed, or the person so charged shall reside, he shall for the first offence forfeit £20; and if not forthwith paid, the justice shall commit him to the house of correction, or other public prison, there to be kept to hard labour for fourteen days, unless the forfeiture be sooner paid; and if within two days before the expiration of the fourteen days such forfeiture shall not be paid, the said justice may order him to be publicly whipped at the market place, or some other public place of the city, town, or place, where such offence shall be committed; and for a second or other subsequent offence, shall forfeit £40 in like manner; and if not paid forthwith, the justice shall commit him as aforesaid, there to be kept to hard labour (1) Vide 57 Geo. 3. c. 130. 58 Geo.3.c. 48.; altered by 1 Geo.4. c. 83. as to debentures, &c. (2) As to the mode of making clocks and watches for exporta, tion, &c. ante, 1 vol. 577. PARTICULAR. for any time not exceeding three months, nor less than one SERVANTS IN month, unless the forfeiture shall be sooner paid; and if within seven days before the expiration of the time for which he shall be committed, the forfeiture shall not be paid, the justice may order him to be publicly whipped in like manner twice, or oftener, as to such justice shall appear reasonable (1). And Receiving such goods. if any person shall buy, receive, accept, or take, by way of gift, pawn, pledge, sale, or exchange, or in any other manner of or from any person whomsoever, any clock or watch, or part thereof, or any gold, silver, or other metal or material as aforesaid, whether the same or any part thereof be or be not wrought or manufactured, or any such diamond or other precious stone, knowing the same to be so purloined or embezzled, he shall, on the like conviction, for the first offence forfeit £20, and if not forthwith paid, the justice shall commit him in like manner, there to be kept to hard labour for fourteen days, unless the forfeiture shall be sooner paid; and if within two days before the expiration of the said fourteen days, the said forfeiture shall not be paid, the justice shall order him to be publicly whipped as aforesaid, once or oftener, as to such justice shall appear reasonable and for a second or other subsequent offence, he shall forfeit £40, and if not forthwith paid, the justice shall commit him as aforesaid, to be kept to hard labour for any time not exceeding three months, nor less than one month, unless the forfeiture shall be sooner paid, and if within seven days before the expiration of the time for which he shall be committed, the forfeiture shall not be paid, the justice shall order such offender to be publicly whipped as aforesaid, twice or oftener, as to him shall appear reasonable (2). One justice, on complaint on oath Proceedings before the justice. of any offence against this act, may issue his warrant for apprehending and bringing before him, or before any other justice of the same place, the person so charged (3). A form of conviction is given by the act (4). If any person so convicted shall think himself aggrieved by the judgment of the justice, he may appeal to the next sessions, in which case the execution of the judgment shall be suspended, the person so convicted entering into recognizance at the time of the conviction, with two sureties, in double the sum adjudged, to prosecute the appeal with effect, and to be forthcoming to abide the judgment and determination of the justices in such sessions; and the justices then shall hear PARTICULAR. SERVANTS IN and determine the same, and award such costs to either party as to them shall appear just and reasonable; and if the judgment be affirmed, the appellant shall immediately pay the sum adjudged, together with such costs as shall by the court be awarded, or in default thereof shall suffer the penalties as for purloining, embezzling, or receiving as aforesaid (1). The forfeitures, after satisfaction made thereout to the party injured, together with such costs of prosecution as the justice shall adjudge reasonable, shall go to the use of the poor where the offender shall reside (2). The conviction to be written on parchment, transmitted to the next sessions, and filed among the records there, and not to be removed by certiorari. (3) Clothiers and The embezzlements committed by clothiers (that is to say, any weavers (4), etc. sorter, corder, kember, spinster, and weaver) in the course of their service, are punishable before magistrates, who may compel them to make satisfaction in damages; and if any offender be not thought sufficient, or do not make satisfaction, he shall, for the first offence, be apprehended and whipped, or set in the stocks where the offence is committed, or in some market town near, in the same county; and for the second offence, shall incur the like or some further punishment by whipping, or being put in the stocks, as shall be thought convenient (5). And every spinner that shall receive any wool to be spun into yarn, for any clothier dwelling in Coggeshall, Bocking, Braintree, Halstead, Witham, or Colchester, and shall deliver back the yarn by any reel shorter than two yards about, shall be subject to the like punishment (6). It is also provided, that it shall not be lawful for any maker of mixed, medley, or white cloth, to use any bars called warping bars, except such as are of the measure and length thereby appointed; that is to say, every long warping of the length of three yards and three inches, and no more, every round warping bar four yards and four inches round, and no more; the said three inches on the long bar, and four inches on the round bar, being in lieu of the over-measure usually allowed on cloth; and also the thrums at the end of the warpingbar shall not exceed 18 inches in length, and if a maker of such cloth use any warping-bar of other length or measure, or with (1) 27 Geo. 3. c. 7. s. 3. (4) See also post. |