No. XII. 32 Geo. III. c. 56. Justices may cause convictions to be drawn up in the following Form. Parties aggrieved may appeal to the quarter session, where the matter may be finally determined in a summary way, &c. Proceedings not to be quashed for want of form, or removed by certiorari. No. XIII. 39 and 40 c. 90. from, and against all penalties and punishments to which, at the time of such information given, he, she, or they might be liable by this Act, for or by reason of such his, her, or their own offence or offences. IX. And, for the more easy and speedy conviction of offenders against 'this Act,' Be it further enacted, That all justices of the peace, before whom any person or persons shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall happen; videlicet, 'BE it remembered, That on the before us, "the county of day of A. B. is convicted two of his Majesty's justices of the peace for [Specifying the offence, and the time and place when and where the same was committed, as the case shall be.] X. Provided always, and be it further enacted, That if any person shall think himself or herself aggrieved by any thing done in pursuance of this Act, such person may appeal to the justices of the peace at the next general or quarter sessions of the peace to be held for the county or place wherein the cause of complaint shall have arisen, such appellant entering into a recognizance, with two sufficient sureties, in the sum of twenty pounds each, conditioned to try such appeal, and abide the order of, and to pay such costs as shall be awarded by such justices at such general or quarter sessions, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance; which said justices shall hear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the parties appealing or appealed against as they the said justices shall think proper, and the determination of such general or quarter sessions shall be final, binding, and conclusive to all intents and purposes; and no conviction or order made concerning any matters aforesaid, or any other proceedings to be had, touching the conviction or convictions of any offender or offenders against this Act, shall be quashed for want of form, or be removed by certiorari, or any other writ or process whatsoever, into any of his Majesty's Courts of Record at Westminster. [No. XIII.] 39 and 40 George III. c. 90.-An Act for settling Disputes that may arise between Masters and Workmen engaged in the Cotton Manufacture in that Part of Great Britain called England.-[28th July 1800.]* WHEREAS considerable abuses have for several years last passed subsisted in the trade or manufacture of cotton weaving, in that part of Great Britain called England, to the great oppression of the persons George III. employed in the manufacture thereof and concerned therein, and mani'fest hindrance and injury of the trade: And whereas it will be a great 'convenience and advantage to all parties concerned in such trade, and an encouragement to the manufacture, that a cheap and summary mode 'be established for settling all disputes that may arise in respect thereof, 'between the masters and workmen engaged in the said trade:' May it therefore please your 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 ParliaFrom Aug. 1, ment assembled, and by the authority of the same, That from and after 1800, in cases the said first day of August in the year of our Lord one thousand eight of difference hundred, in all cases that shall or may arise within that part of Great Bribetween tain called England, where the masters and workmen cannot agree remasters and workmen in specting the price or prices to be paid for work done, or to be done, in the • The provisions of this Act are materially altered by Stat. 44 Geo. III. c. 87, post. No. XIII. 39 and 40 George III. c. 90. the cotton oaths. said manufacture, whether such dispute shall happen or arise between them respecting the reduction or advance of wages or any injury or damage done, or alleged to have been done by the workmen to the work, or respect ing any delay or supposed delay, on the part of the workmen in finishing the work or the not finishing such work in a good and workmanlike manner; and also in all cases where the workmen are to be employed to work any new pattern which shall require them to purchase any new implements of manufacture manufacture for the working thereof, and the masters and workmen cannot in England, agree upon the compensation to be made to such workmen for or in respect which cannot thereof, and also respecting the length of all pieces of cotton goods, or be mutually the wages or compensation to be paid for all pieces of cotton goods that adjusted, the are made of any great or extraordinary length, and respecting the manu- matter in facture of cravats, shawls, polycat, romall, and other handkerchiefs, and dispute may the number to be contained in one piece of such handkerchiefs, and the be referred to wages to be paid in respect thereof, and in all cases of dispute or difference arbitration. arising or happening by and between the masters and workmen employed in such manufacture, out of, for, or touching such trade or manufacture, which cannot be otherwise mutually adjusted and settled by and between them; it shall and may be lawful, and it is hereby declared to be lawful, for such masters and workmen, between whom such dispute or difference shall arise as aforesaid, or either of them, to demand and have an arbitration or reference of such matter or matters in dispute, and each of them is hereby authorized and empowered forthwith to nominate and appoint an arbitrator for and on his respective part and behalf, to arbitrate and determine such matter or matters in dispute as aforesaid, and such arbi- Arbitrators trators so appointed as aforesaid, after they shall have accepted and taken empowered to upon them the business of the said arbitration, are hereby authorized and summon witnesses and required to summon before them, and examine upon oath the parties and administer their witnesses, (which oath the said arbitrators are hereby authorized and required to administer according to the form set forth in the Schedule to this Act,) and forthwith to proceed to hear and determine the complaints of the parties, and the matter or matters in dispute between them, and the award to be made by such arbitrators shall in all cases be final and conclusive between the parties; but in case such arbitrators so appointed cannot If they do not agree to decide such matter or matters in dispute so to be referred to them agree and sign as aforesaid, and do not make and sign their award within the space of the award three days after the signing of the said submission, that then they shall forthwith, and without delay, go before and attend upon one of his Majesty's justices of the peace acting in and for the county, riding, city, liberty, division, township, or place, and residing nearest to the place where such dispute shall happen and be referred, and state to such justice the points in difference between them the said arbitrators, which points in difference the said justice shall and he is hereby authorized and required to hear and determine, which determination of such justice shall be made and signed within the space of three days after the expiration of the time hereby allowed the arbitrators to make and sign their award, and shall be final and conclusive between the parties so differing as aforesaid; and if Parties or either of the said parties, or their respective witnesses, having been duly witnesses summoned, shall neglect or refuse to attend such arbitrators at the time refusing to and place by them for that purpose appointed, it shall and may be lawful attend arbifor any one or more of his Majesty's justices of the peace acting in and for trators, and the county, riding, city, liberty, division, township, or place where such after being dispute shall happen, and he or they is or are hereby required, upon proof brought before on oath being made before him or them of the service of such summons, refusing to a justice, either personally or by leaving the same at the last or usual place of abode give evidence, of such person summoned, and also upon the like proof of the neglect or refusal of such person to attend the said arbitrators in pursuance of such summons, (unless a reasonable excuse be made for such non-attendance to the house of the satisfaction of such justice or justices) to issue his or their warrant correction till under his or their hand or hands for the apprehending and bringing such they submit. person before him or them, and if any such person so being brought before such justice or justices shall still refuse to be examined, or to give his or their testimony before such arbitrators touching the premises, such persons within three days after they shall state the points in difference to a justice, who shall finally decide therein. submission, may be committed to No. XIII. 39 and 40 George III. c. 90. Time of making award may be extended by the parties. Submission and award may be drawn on unstamped paper, agreeably to Schedule annexed; and each party to have a copy. If any party refuse, for two days, to sign the submis sion, or to appoint an arbitrator, or to submit to the award, he shall forfeit to the other party 10l. to be recovered before one justice, and leviable by distress and sale, or the offender to be committed for not more than three months, nor less than two. Convictions to be drawn up agreeably to the form set forth in the Schedule, and filed, &c. Appeal may be made to quarter sessions. so refusing shall be by the said justice or justices committed to the house of correction within his or their jurisdiction, there to remain without bail or mainprize until he, she, or they, shall submit to be examined and give evidence before the arbitrators touching the premises aforesaid. II. Provided always, and be it further enacted, That if the parties who shall have signed any submission to arbitration shall think it expedient, or be minded and desirous to extend the time hereby limited for the making of the award or umpirage, it shall and may be lawful for them to extend the same accordingly by indorsement on the back of such submission, to be signed by both of them in the presence of one or more credible witness or witnesses; any thing herein before contained to the contrary thereof in anywise notwithstanding. III. Provided also, and be it further enacted, That the submission to such arbitration, and the award or umpirage to be made thereon, shall and may be drawn up, and written at the foot of such submission, upon unstamped paper, in the respective forms set forth in the Schedule to this Act; any law, usage, or custom, to the contrary thereof in anywise notwithstanding, IV. Provided also, and be it further enacted, That there shall, in all cases, be written or engrossed two parts of the submission to arbitration, one for each of the parties subscribing the same. V. And be it further enacted by the authority aforesaid, That in every case of dispute or difference between any such master and workman in such trade or manufacture as aforesaid, if any arbitration shall be demanded, and the submission thereto signed, and an arbitrator therein named by either of the said parties, and the other of them shall refuse or neglect to sign the said submission, and appoint his arbitrator; or if, after making of the said award or umpirage, either party shall refuse to submit thereto, for the time or term of two days next after the signing such submission in manner aforesaid, or refusing to submit to such award or umpirage respectively as aforesaid, the party so neglecting, or refusing to sign the said submission, or to appoint his arbitrator, or refusing to submit to such award or umpirage as aforesaid, shall forfeit and pay to the party who shall have demanded such arbitration, signed his submission thereto, and named his arbitrator therein as aforesaid, or in whose favour such award or umpirage shall be made and signed as aforesaid, the sum of ten pounds, to be recovered in a summary way before one or more justice or justices of the peace for the county, riding, city, liberty, division, township, or place, where such offence shall be committed; and the conviction for the same may be had and made upon the oath or oaths of one or more credible witness or witnesses; and in case any such forfeiture or penalty shall not be forthwith paid pursuant to such conviction, such justice or justices shall, by warrant under his or their hand or hands, cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale; and in case no sufficient distress can be had, such justice or justices shall, by warrant under his or their hand or hands, commit the offender to the common gaol, or some house of correction, within his or their jurisdiction, there to remain without bail or mainprize for any time not exceeding three calendar months, nor less than two calendar months. VI. And be it further enacted by the authority aforesaid, That the justice or justices before whom any person or persons shall be convicted of any offence against this Act, shall cause all such convictions to be drawn up according to the form, or to the effect set forth in the Schedule to this Act; and the said justice or justices shall cause the same 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, township, or place, wherein such conviction was had, to be filed and kept amongst the records of the said general or general quarter sessions. VII. Provided always, and be it further enacted, That it shall and may be lawful for any person convicted before any one or more justice or justices of the peace, of any offence against this Act, to appeal to the justices of the peace assembled at the next general sessions or general quarter sessions of the peace, to be holden for the county, riding, division, city, liberty, township, or place, wherein such conviction shall be made, such person so appealing giving immediate notice of such appeal, and finding two sufficient sureties in the sum of five pounds each, and entering into his or her own recognizance before such justice or justices so convicting as aforesaid, in the sum of ten pounds, to appear and prosecute every such appeal with effect; and the justices of the peace at such general or general quarter sessions of the peace, are hereby authorised and required, on every such appeal being made, and on reasonable notice thereof given to the other party, finally to hear and determine the matter of every such appeal, and to make such order, and to award such costs therein, as they in their discretion shall see meet; and which said order and determination shall be final and conclusive to all parties; and no certiorari shall be allowed to remove any such proceedings or determination. No. XIII. 39 and 40 George III. c. 90. months. VIII. Provided also, and be it further enacted by the authority afore- Limitation of said, That no action shall be brought against any arbitrator, justice of the actions; six peace, constable, headborough, or other officer, or against any other person or persons whomsoever, for any matter or thing whatsoever done or committed under or by virtue or in the execution of this Act, unless such action shall be brought within six calendar months next after the doing or committing of such matter or thing. IX. Provided also, That if any action or suit shall hereafter be com- General issue. menced or prosecuted against any person or persons, for any thing done under, by virtue, or in the execution of this Act, such person or persons may plead the general issue, and give this Act and the special matter in evidence; and if the plaintiff shall become nonsuited, or suffer discontinu- Full costs. ance, or forbear further prosecution, or if judgment shall be given for the defendant or defendants, such defendant or defendants shall recover his, her, or their full costs, for which he, she, or they shall have like remedy as in cases where costs by law are given to defendants. X. Provided also, and be it further enacted by the authority aforesaid, Justices who That no justice of the peace, being also a master cotton weaver or manu are cotton facturer, shall act as such justice under this Act; any thing herein con- manufacturers tained, or any former statute, law, usage, or custom to the contrary thereof in anywise notwithstanding. XI. Provided also, and be it further enacted by the authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, to repeal, abridge, annul, or make void any of the clauses, provisions, remedies, or powers contained in the several Acts made and passed in the first year of the reign of her late Majesty Queen Anne, and in the thirteenth and twenty-third years of the reign of his late Majesty King George the Second, and in the seventeenth year of the reign of his present Majesty, or in any or either of them, or in any other Act or Acts relating to the said trade heretofore made and passed, so far as the same enact, provide, or inflict any pains, penalties, and punishments upon or against such workmen, and so far as the same enact, provide, or afford any remedy or remedies to the masters against the workmen engaged in the said trade or manufacture (save and except where such remedy and remedies relate to wages); any thing in this Act contained to the contrary thereof in anywise notwithstanding. XII. And be it further enacted, That this Act shall be taken and allowed to be a publick Act in all courts within this kingdom, and all judges and justices of the peace are hereby required to take notice thereof as such, without specially pleading the same. SCHEDULE to which this Act refers: Form of the Oath to be administered by the Arbitrators not to act. Nothing herein shall repeal any the Acts of 1 No. XIII. 39 and 40 George III. c. 90. [naming.] in difference between them, under and by virtue of an Act, passed in the fortieth year of the reign of his present Majesty, intituled " Ân Act, (state the title of the Act)," shall be the truth, the whole truth, and nothing but the truth. So help you GOD. Form of the Submission to Arbitration, and of the Award to be made in pursuance of this Act. I A. B. of, &c. (set forth the name, residence, and description of the party), do hereby nominate and appoint C. D. of &c. my arbitrator under and by virtue of an Act, passed in the fortieth year of the reign of his present Majesty, intituled, " An Act, (set forth the title of the Act)," to hear and determine the matters in difference between me and E. F. of, &c. I E. F. of, &c. do appoint G. H. of, &c. to be my arbitrator under the said Act for the purposes aforesaid. Form of the Award or Umpirage to be made by the Arbitrators or Umpire, and to be written at the Foot of the Submission. WE, I. K. and L. M. of, &c. the arbitrators above appointed, [or I, N. O. of, &c. the justice, as the case may be], do hereby adjudge and determine that, &c. (here set forth the determination to which the arbitrators or justice, as the case may be, shall subscribe their names). Witness, P. Q. Form of Conviction in a Pecuniary Penalty. BE it remembered, That on the in the day of year of his Majesty's reign, and in the year of our Lord said A. B. (state the offence, as for neglecting to sign the submission, or re- Form of Commitment of a Person summoned as a Witness. at day of |