No. V.

1 Geo. IV.

c. 47.

60 G. 3. and 1 G. 4. c. 12.

fiftieth year of his said late Majesty's reign, the said recited Act of the forty-seventh year was continued for two years, and from thence until the end of the then next Session of Parliament, and was amended: And whereas by an Act made in the fifty-third year of the reign of his said late Majesty, the said recited Acts of the forty-seventh and fiftieth years were continued for two years, and from thence until the end of the then next Session of Parliament: And whereas by an Act made in the fifty-seventh year of the reign of his said late Majesty, the said recited Acts of the fortyseventh and fiftieth years were revived and continued for two years, and from thence until the end of the then next Session of Parliament: And whereas by an Act made in the last Session of Parliament, intituled, An Act to continue, until the twenty-fifth Day of June one thousand eight hundred and twenty, such Laws as may expire within a limited Period, it was enacted, that all laws then in force, and which would expire at the end of that Session of Parliament, should be and continue in full force, to all intents and purposes, until the twenty-fifth day of June one thousand eight hundred and twenty: And whereas it is expedient that the said two recited Acts of the forty-seventh and fiftieth years of the reign of his said late Majesty King George the Third, should be revived and further continued: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said recited Act of the forty-seventh year of the reign of his late Majesty King George the Third, as the said Act is amended by the said re50 G. 3. c. 109. cited Act of the fiftieth year of the reign of his said late Majesty, and also the said recited Act of the said fiftieth year, shall be, and the said two recited Acts are hereby revived and further continued, and shall be and remain and continue in force for two years from the passing of this Act, and from thence until the end of the then next Session of Parliament.

47 G. 3. s. 2. c. 54. and

further conti

nued for two years, &c.

PART VI.-CLASS XXXI.

SERVANTS.*

Under this Title I have only included those Statutes which appeared to have a considerable Application in point of Extent and Importance; it not being the general Plan of the Work to embrace Statutes applicable only to particular Trades; to which the particular Instances included in this Class are therefore an Exception.

[No. I.] 5 Eliz. c. 4.-An Act containing divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices.

[Inserted ante. Title Apprentices, Cl. II. No. 1.]

[No. II.] 1 Anne, stat. 2. c. 18.-An Act for the more ef fectual preventing the Abuses and Frauds of Persons

employed in the working up the Woollen, Linen, Fustian, Cotton, and Iron Manufactures of this Kingdom. WHEREAS many frauds are daily committed by persons employed in

No. II.

1 Anne, st.2.

c. 18.

the working up of the woollen, linen, fustian, cotton, and iron manufactures within this kingdom, by embezzling and purloining of the Explained and ⚫ materials with which they are intrusted, to the great prejudice of trade amended by 13 and commerce;' Be it therefore enacted by the Queen's most excellent Geo. 2. c. 8. Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of June one Penalty on thousand seven hundred and three, if any person or persons employed in persons emthe working up the woollen, linen, fustian, cotton, or iron manufactures ployed in the within this kingdom, shall embezzle or purloin any wefts, thrums, or ends woollen or of yarn, or any other materials of wool, hemp, flax, cotton, or iron, with linen manuwhich he, she, or they is or shall be intrusted to work upon, or shall reel factures, &c. short or false yarn, being thereof lawfully convicted by the oath of one or ling the same. more credible witness or witnesses, or by the confession of the party or parties accused of the same, before one justice of the peace of the said county where such offence shall be committed, shall forfeit double the value of the damages done, for the use of the poor of the said parish: And in case the offender or offenders so convicted as aforesaid, shall neglect or refuse to pay their forfeiture or forfeitures as aforesaid, that then it shall and may be lawful for the said justice to cause the said offender to be committed to the house of correction, until satisfaction shall be made: And in case it shall appear to the said justice, that the said offender is not able to make satisfaction, then the said offender shall be there publickly whipped, and kept to hard labour, for any time not exceeding fourteen days.

and embezz

II. And be it further enacted by the authority aforesaid, That every per- The like on son or persons buying or receiving any wefts, thrums, or ends of yarn, or persons buyany other materials of wool, hemp, flax, cotton, or iron, and being thereof ing, &c. such lawfully convicted, in manner as aforesaid, shall suffer the like penalties goods embezand forfeitures, as one convicted, pursuant to this Act, for purloining and zled. embezzling of the said materials.

III. And to prevent the oppression of the labourers and workmen em- Labourers and ployed in the woollen, linen, fustian, cotton, and iron manufacture, Be it workmen to be enacted by the authority aforesaid, That all payments and satisfaction paid in money. hereafter to be made to any of the same labourers and workmen, for any work by them done in the same manufacture, shall be by the lawful coin of this realm, and not by any cloth, victuals, or commodities, in lieu thereof: And all wool delivered out to be wrought up, shall be so delivered, All wool to be with declaration of the true weight thereof; on pain that every offender, wrought shall in either of the said cases, shall forfeit and pay to such labourer or worker, be delivered double the value of what shall be due for such work by him, her, or them out by weight. done; and if any such labourer or worker shall be guilty of any such fraud or default in the work by him, her, or them done, then such labourer or worker shall allow and answer to the owner of such work double the damages thereby sustained.

IV. And be it further enacted by the authority aforesaid, That all How wages, wages, demands, frauds and defaults of labourers in the woollen, linen, frauds, &c. of fastian, cotton, and iron manufactures, for or concerning any work done labourers may in the same manufactures, shall and may be heard and determined by any be heard and two justices of the peace of the county, riding, division, city, or town determined. corporate, where the matter in controversy ariseth, who are hereby impowered to summon and examine witnesses on oath concerning the same: But in case any person shall think himself aggrieved by any judgment or Party agorder of the said justices, it shall and may be lawful for such person to grieved may appeal against the judgment and order of the said two justices, to the jus- appeal. tices of the peace in the general quarter sessions of the peace, which shall be held for the same county, riding, division, city, or town corporate, next after notice of such order of the said two justices; and the justices of the peace in the said general quarter sessions, are hereby impowered to summon and examine witnesses on oath, and to hear and finally determine the

No II.

1 Anne, st. 2.

c. 18.

Act to continue for three years.

P.

No. III. 6 Anne,

c. 31.

Servants who through negligence fire

any house, &c.

to forfeit 100l. or be sent to

the workhouse for 18 months.

No. IV.

12 Geo. I.. c. 34.

All combinations of woolcombers and weavers illegal.

matter of the said appeal; and in case the same justices, in the said general quarter-sessions, shall give judgment against such appellant, then the same justices shall award and order to the party, on whose behalf the same appeal is determined, such reasonable costs and charges to be paid by such appellant, in regard of such appeal, as to the same justices shall seem

meet.

V. Provided also, and be it further enacted, that this Act shall continue for the space of three years, to be commenced from the said twenty-fourth day of June one thousand seven hundred and three, and from thence to the end of the next Session of Parliament, and no longer. [Made perpetual by 9 Annæ, cap. 30.]

[No. III.] 6 Anne, c. 31.-An Act for the better preventing Mischiefs that may happen by Fire.

III.

AND whereas fires often happen by the negligence and carelessness of servants;' Be it therefore enacted by the authority aforesaid, That if any menial or other servant or servants, through negligence or carelessness, shall fire or cause to be fired any dwelling-house or outhouse or houses, such servant or servants being thereof lawfully convicted by the oath of one or more credible witnesses made before two or more of her Majesty's justices of the peace, shall forfeit and pay the sum of one hundred pounds unto the churchwardens of such parish where such fire shall happen, to be distributed amongst the poor sufferers by such fire, in such proportions as to the said churchwardens shall seem just; and in case of default or refusal to pay the same immediately after such conviction, the same being lawfully demanded by the said churchwardens, that then and in such case such servant or servants shall, by warrant under the hand of two or more of her Majesty's justices of the peace, be committed to some workhouse or house of correction, as the said justices shall think fit, for the space of eighteen months, there to be kept to hard labour.

[No. IV.] 12 George I. c. 34—An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, (1) and for better Payment of their Wages.

WHEREAS great numbers of weavers, and others concerned in the woollen mannfactures in several towns and parishes in this kingdom, 'have lately formed themselves into unlawful clubs and societies, and have 'presumed, contrary to law, to enter into combinations, and to make bylaws or orders, by which they pretend to regulate the trade and the ' prices of their goods, and to advance their wages unreasonably, and many other things to the like purpose: And whereas the said persons so unlawfully assembling and associating themselves have committed many 'violences and outrages upon many of his Majesty's good subjects, and by force protected themselves and their wicked accomplices against law and 'justice; and it is absolutely necessary that more effectual provision should be made against such unlawful combinations, and for preventing such 'violences and outrages for the future, and for bringing all offenders in the premises to more speedy and exemplary justice;' May it therefore please your most excellent Majesty, that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all contracts, covenants or agreements, and all by-laws, ordinances, rules or orders, in such unlawful clubs and societies, heretofore made or entered into, or

(1) The general provisions of this Act are extended to several other trades by stat. 22 Geo, II. c. 40. post.

No. IV.

12 Geo. I.

c. 34.

three months.

hereafter to be made or entered into, by or between any persons brought up in or professing, using, or exercising the art and mystery of a woolcomber or weaver, or journeyman woolcomber or journeyman weaver, in any parish or place within this kingdom, for regulating the said trade or mystery, or for regulating or settling the prices of goods, or for advancing their wages, or for lessening their usual hours of work, shall be and are hereby declared to be illegal, null and void to all intents and purposes; and further, that if any woolcomber or weaver, or journeyman woolcom- Woolcombers, ber or journeyman weaver, or other person concerned in any of the wool- &c. convicted len manufactures of this kingdom, shall, at any time or times after the of keeping up twenty-fourth day of June in the year of our Lord one thousand seven such combinahundred and twenty-six, keep up, continue, act in, make, enter into, tions, may be committed for sign, seal, or be knowingly concerned in any contract, covenant or agreement, by-law, ordinance, rule or order of any club, society, or combination by this Act declared to be illegal, null and void, or shall presume or attempt to put any such illegal agreement, by-law, ordinance, rule or order in execution, every person so offending being thereof lawfully convicted upon the oath or oaths of one or more credible witness or witnesses, before any two or more justices of the peace for the county, city, town or place where such offence shall be committed, upon any information exhibited or prosecution within three calendar months after the offence committed (which oaths the said justices are hereby impowered and required to administer) shall, by order of such justices, at their discretion be committed either to the house of correction, there to remain and be kept to hard labour for any time not exceeding three months, or to the common gaol of the county, city, town or place where such offence shall be committed, as they shall see cause, there to remain, without bail or mainprize, for any time not exceeding three months.

Quitting service before the time for which hired, to be committed.

II. And be it further enacted by the authority aforesaid, That if any person actually retained or employed as a woolcomber or weaver, or servant in the art or mystery of a woolcomber or weaver, shall, at any time or times after the twenty-fourth day of June in the year of our Lord one thousand seven hundred and twenty-six, depart from his service before the end of the time or term for which he is or shall be hired or retained, or shall quit or return his work before the same shall be finished according to agreement, unless it be for some reasonable or sufficient cause, to be allowed by two or more justices of the peace within their respective jurisdictions; then in every such case every person so offending, being thereof lawfully convicted before two or more justices of the peace as aforesaid, shall be committed to the house of correction, there to be kept to hard labour for any time not exceeding three months; and if any woolcomber, weaver, servant or Spoiling the person hired, retained or employed in the art or mystery of a woolcomber work, to pay or weaver, shall wilfully damnify, spoil or destroy (without the consent of double the vathe owner) any of the goods, wares or work committed to his care or lue, &c. charge, or wherewith he shall be intrusted, every such offender, being thereof lawfully convicted as aforesaid, shall forfeit and pay to the owner or owners of such goods or wares so damnified, spoiled or destroyed, double the value thereof, to be levied by distress and sale of the offenders goods and chattels, by warrant or warrants under the hands and seals of any two or more justices of the peace within their respective jurisdictions, and for want of sufficient distress, such justices shall commit the party or parties offending to the house of correction, there to remain and be kept to hard labour for any time not exceeding three months, or until satisfaction be made to the party or parties aggrieved for the same.

III. And be it enacted by the authority aforesaid, That every clothier, Clothiers, &c. sergemaker or woollen or worsted stuffmaker, or person concerned in to pay wages making any woollen cloths, serges, or stuffs, or anywise concerned in em- in money. ploying woolcombers, weavers or other labourers in the woollen manufac- Farther provitory, shall, and they are hereby obliged and required to pay unto all per- sions relating sons by them employed in the woollen manufacture, the full wages, or to such wages, other price agreed on in good and lawful money of this kingdom, and 15 G. 1. c. 23. shall not pay the said wages or other price agreed on, or any part thereof, sect. 5, 6, 9, in goods or by way of truck, or in any other manner than in money as aforesaid, 17.

No. IV. 12 Geo. I. c. 34.

Justices on complaint to issue warrants for levying wages, &e.

Clothiers paying wages in goods, &c. for

feit 101.

Appeal to the quarter-sessions.

Assaulting or threatening masters, &c. felony.

or make any deduction from such wages or price, for or on account of any goods sold or delivered previous to such agreement by any person or persons whatsoever; and for more easy recovering the said wages or price agreed on, it shall be lawful for any two or more justices of the peace within their respective jurisdictions, and they are hereby authorized and required, upon complaint made for that purpose, to summon before them the party or parties offending, and for non-payment of such wages or price agreed on in money as aforesaid, or sufficient satisfaction given for the same to the good-liking of the party or parties aggrieved, to issue their warrant or warrants under their hands and seals for levying such wages or price agreed on, due as aforesaid, by distress and sale of the offenders goods and chattles, rendering the overplus to the owner, and for want of sufficient distress to commit the party or parties offending to the common gaol of the county, city, town or place where such offence shall be committed, there to remain without bail or mainprize for the space of six months, until he, she, or they shall pay such wages or price agreed on in money as aforesaid, or give full satisfaction for the same to the good-liking of the party grieved.

IV. And be it further enacted by the authority aforesaid, That if any clothier, sergemaker, woollen or worsted stuffmaker, or person concerned in making any woollen cloths, serges or stuffs, or any ways concerned in employing woolcombers, weavers or other labourers in the woollen manufactory as aforesaid, shall pay any person or persons employed by them, their wages or other price agreed on, or any part thereof, either in goods or by way of truck, or in any other manner than in money as aforesaid, contrary to the true intent and meaning of this Act; every person so of fending shall also forfeit and pay the sum of ten pounds; one moiety thereof to the informer, and the other moiety to the party or parties aggrieved, to be levied by distress and sale of the offenders goods as aforesaid, rendering the overplus (if any be) to the owner.

V. Provided always, That it shall and may be lawful for any person ag grieved by any order or orders to be made by any two or more justices of the peace as aforesaid, to appeal to the justices of the peace assembled at the next general quarter-sessions to be holden for the county, city, division, parish or place where such order shall be made, giving reasonable notice of such appeal, the reasonableness of which notice shall be determined by the justices of the peace at the quarter-sessions to which the appeal is made; and if it shall appear to them, that reasonable time of notice was not given, then they shall adjourn the said appeal to the next quarter-sessions and then and there finally hear and determine the same; and the justices who in the general quarter-sessions shall hear the matter, shall have power to award reasonable costs to either party, as to them shall seem just.

VI. And be it enacted by the authority aforesaid, That if any person or persons shall, after the twenty-fourth day of June in the year of our Lord one thousand seven hundred and twenty-six, assault or abuse any master woolcomber or master weaver, or other person concerned in any of the woollen manufactures of this kingdom, whereby any such master, or other person, shall receive any bodily hurt, for not complying with, or not con forming, or not submitting to any such illegal by-laws, ordinances, rules or orders as aforesaid; or if any person or persons shall write or cause to bę written, or knowingly send or cause to be sent, any letter, or other writing or message, threatening any hurt or harm to any such master wool comber or master weaver, or other person concerned in the woollen manufacture, or threatening to burn, pull down or destroy any of their houses or outhouses, or to cut down or destroy any of their trees, or to maim or kill any of their cattle, for not complying with any demands, claims or pretences of any of his or their workmen, or others employed by them in the said manufacture, or for not conforming, or not submitting to any such illegal by-laws, ordinances, rules or orders as aforesaid; every person so knowingly and wilfully offending in the premisses, being thereof lawfully convicted upon any indictment to be found within twelve calendar months next after any such offence committed, shall be adjudged guilty of felony, and shall be transported for seven years to some or one of his Majesty's co