&c. aforesaid, for his own lucre and gain, did unlawfully set up, occupy, use, and exercise the art, mystery, and (y) manual occupation of a brewer, the same being an art, mystery, and mauual occupation used within England on the twelfth day of January, in the fifth year of the reign of Elizabeth, formerly queen of England, aforesaid, in which same art, mystery, and manual occupation of a brewer, he the said W. G. was not brought up for the space of seven years at the least, as an apprentice, in manner and form as in and by the statute in such case made and provided is mentioned, contrary to the form of the said statute, and against the peace of our said lord the king, his crown and dignity. having served seven years' under 5 Eliz. Middlesex. The jurors for our lord the king upon their oath pre- Indictment sent, that T. S. late of, &c. being a person using, exercising, and car- person to work for setting a rying on the craft, mystery, and manual occupation of a carpenter, at a trade, not on, &c. at, &c. aforesaid, for his own lucre and gain, unlawfully and willingly did set one W. G. on work in the said craft, mystery, apprenticeship and occupation, and did continue the said W. G. so set on work as c. 4. aforesaid, in the said craft, mystery, and occupation, from the said, &c. until the, &c. that is to say, for the space of whole months and upwards, at, &c. aforesaid, the said craft, mystery, and occupation of a carpenter, being a craft, mystery, and occupation used within England, on the twelfth day of January, in the fifth year of the reign of the lady Elizabeth late queen of England, &c. he the said W. G. not having served in the said craft, mystery, and occupation for the space of seven years as an apprentice, nor having served as an apprentice as aforesaid, had become a journeyman or been hired by the year, against the form of the statute in such the prosecutor will not be compelled to prove the precise time set forth on the record. Peake, Rep. 57. Chit. Ap. L. 137. Formerly it was usual to aver that the defendant did not exercise the trade at the time of making the act, and soon after it was passed, the omission of this averment would have been fatal, but now the necessity has ceased from the manifest absurdity of stating, that the party was not in the exercise of his present vocation in the reign of Elizabeth. 1 Burr. 367. Chitty App. L. A36,7. On this statute, two or more persons cannot be jointly indicted, 1 Salk. 382. 2 Sess. Cas. 221. Chitty App. L. 137. The indictment, at the present day, concludes merely contrary to the (y) Some of the precedents are case made and provided, and against the peace of our said lord the king, his crown, and dignity. INDICTMENTS-OFFENCES AGAINST TRADE, SEDUCING MANUFACTURERS TO LEAVE For enticing an artificer to leave the kingdom. (z) KINGDOM. That A. B. late of, &c. on, &c. with force and arms, at, &c. unlawfully did contract with one C. D., he the said C. D. then and there being a manufacturer, workman, and artificer of Great (z) This was the indictment against Harding, in 39 Geo. III. and was obtained from the Crown Office. See a precedent at common law for seducing frame work knitter, to emigrate to France and teach their art there, Trem. P. C. 252. And see modern precedents, 6 T. R. 739. Starkie, 624.-As to the offence, see in general, Burn, J. Manufacturers, Williams, J. Manufacturers, I. and the statutes, 5 Geo. I. c. 27. 23 Geo. II. c. 13. 22 Geo. III. c. 60. and 25 Geo. III. c. 67. By the 5 Geo. I. c. 27. to "contract with, entice, or endeavour to persuade any manufacturer or artificer in wool, iron, steel, brass, or any other metal, clockmaker, watchmaker, or any other artificer or manufacturer, to go out of this kingdom into any foreign country out of his majesty's dominions" is made an offence for which, on being prosecuted by indictment or information in the courts at Westminster, assizes, or sessions of the county where the offence is committed, the offender must forfeit a sum not exceeding £.100. be imprisoned for three months, and further until the fine is paid; and for a second offence, be subject to a fine at the discretion of the court, imprisonment for a year, and until the satisfaction of the penalty, s. 1. The 23 Geo. II. c. 13. makes the forfeiture £500. for each artificer seduced, and imprisonment for a year, oa conviction of a first offence; and a second or other subsequent time £1000 and imprisonment for two years, besides, in both cases, further confinement till the fine be paid. This provision has been holden to repeal the former, so that, at the present day, on the conviction of a party for an offence within both these statutes, the sentence is directed by the latter. 4 Burr. 2026. By the 22 Geo. III. c. 60. any person who shall contract with, entice, persuade, or endezvour to seduce or encourage any artificer or workman concerned or employed, or who shall have worked at, or been employed in printing calicoes, cottons, muslins, or linens of any sort, or in making or preparing any blocks, plates, engines, tools, or utensils, for such manufactures to go out of Great Britain to parts beyond the seas,” he shall be subject to the same penalties as provided by the lastmentioned statute. By 25 Geo. III. c. 67. if any person shall contract with, entice, persuade, or endea vour to seduce or encourage any artificer or workman employed, or who shall have been employed in the iron or steel manufactures of this kingdom, or in making or preparing any tools or utensils for such manufactures to go out of Britain of and in cotton, being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country not within the dominions of or belonging to the crown of Great Britain, to wit, to Hamburgh, in contempt, &c. against Great Britain to parts beyond the seas (except Ireland)," he shall be liable to similar penalties. And by 39 Geo. III. c. 56. s. 8. seducing colliers is put on the same footing with enticing away any manufacturer or artizan.-Limitation of proceedings. All these statutes direct that every prosecution under them must be commenced within twelve calendar months after the of fence has been committed, 5 Geo. I. c. 27. s. 2. 23 Geo. II. c. 13. s. 2. 22 Geo. III. c. 60. s. 2. 25 Geo. III. c. 67. s. 7.-Process. By 5 Geo. I. c. 27. s. 4. (which act is unrepealed except as to the penalties contained in the first section, Williams, J. Manufactures, I. in note) a single justice of the peace, upon oath before him, may issue a warrant to bring up a party accused of seducing or attempting to seduce an artificer, or any artificer about to leave the kingdom in order to establish manufactories abroad, and if he appear to be guilty on the oath of a single witness or his own confession, may bind him to appear at the assizes or quarter sessions to answer the charge against him, and if he refuse to give proper security, may commit him to prison until the next assizes and quarter sessions, and until he shall be delivered by due course of law; and if an artificer be convicted of such a design to emigrate, he shall give such security to the king not to leave the realm as the court shall require, and be imprisoned until such security be given. And by the 3d section of the same act, if any of the king's subjects, being such artificers, shall go into any country out of his majesty's dominions to exercise or teach his trade to foreigners, and shall not return within six months after warning given by the ambassador, envoy, resident, minister, or consul of Great Britain, in the country where the artificer shall reside, or by some person under his authority, or by one of the secretaries of state, he shall be incapable of taking any legacy, of being an executor or administrator, or of taking any lands, tenements, or hereditaments within this kingdom by descent, devise, or purchase, and shall forfeit all his estates, real and personal, to his majesty's use, and be deemed an alien out of the king's protection. See post conspiracy, for cases where that offence is intermingled with an offence against trade post.―Indictment. In analogy to the case of seducing soldiers from their allegiance, it seems not to be necessary to state the means or manner by which the defendant endeavoured to prevail on the artizan, 1 Bos. & Pul. 180. 2 Leach, 790. It seems also not necessary to name the country to which the artificer was to emigrate, or the implements to be exported, 6 T. R. 740. And when the American colonies were part of his majesty's dominions, and the indictment charged the defendant with seducing a manufacturer to go to America, without any qualification or particular description, to shew that the place was not within our own territories, after verdict of guilty, the court held the proceedings valid, and thought the name America might be rejected as surplusage, 6 T. R. 739. Though the words of the statutes are in the disjunctive "workman or artificer" the conjunctive allegation may be used. id. ibid.-Evidence. The prosecutor is a competent witness, though entitled to a moiety of the penalty on conviction. 3 Esp. Rep. 68. The like in the form of the statute, &c. and against the peace, &c. Second count same as first, only instead of "did contract with," say "did entice and persuade." Third count, "did endeavour to persuade." Fourth count, " did solicit." Fifth count, " did seduce." That A. B. late of, &c. being a person of a wicked mind and another form. disposition, and having no regard for the laws and statutes of this (a) realm, nor fearing the pains and penalties therein contained, within twelve months next before the taking of this inquisition, that is to say, on, &c. with force and arms, at, &c. aforesaid, unlawfully did contract with one C. D., he the said C. D. then and there being a manufacturer, workman, and artificer of Great Britain in the manufacture of weaving linen cloth, then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country called America, such foreign country not then being within the dominions of or belonging to the crown of Great Britain, in contempt, &c. against the form, &c. and against the peace, Second count. &c. And the jurors aforesaid, do further present, that the said P. P. P.M. being a person of a wicked mind and disposition, and not regarding the laws and statutes of this realm, nor fearing the pains and penalties therein contained, within twelve months next before the taking of this inquisition, that is to say, on the said second day of March, in the thirty-sixth year of the reign of our said lord the now king, with force and arms at the parish aforesaid, in the county aforesaid, unlawfully did entice, persuade, and solicit the said J. M. he the said J. M. then and there being a manufacturer, workman, and artificer of Great Britain, in the manufacture of weaving linen cloth, then and there being a manufacture of Great Britain, to go out of, &c. [Same to the end as the first count. Third count, "did endeavour Fourth count. to persuade."] And the jurors, &c. do further present, that the said A. B. being a person of a wicked mind and disposition, and having no regard for the laws and statutes of this realm, nor fearing the pains and penalties therein contained, within twelve months next before the taking of this inquisition, that is to say, on the said second day of Match, in the thirty-sixth year of the reign of our said lord the now king, with force and arms, at, &c. aforesaid, unlawfully did contract with one C. D. he the said C. D. then and there being a workman in the manufacture of a linen weaver, then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country called America, such foreign country not then being within the dominions of or belonging to the crown of Great Britain, in contempt, &c. against the form, &c. and against the peace, &c. (a) See last precedent and notes, and 2 Starkie, 62. c. 27. for pre That T. L. late of, &c. comb-maker, being a subject of our On 5 Geo. I. said lord the king, and an artificer and manufacturer of Great paring to go Britain, to wit, a comb-manufacturer, and not regarding the laws abroad and use the trade and statutes of this realm, on, &c. with force and arms, at, &c. afore- of a combmaker. (b) said, was unlawfully preparing to go abroad beyond the seas out of his majesty's dominions into a foreign country, to wit, America, out of his majesty's dominions, for the purpose of there using and exercising his said trade and manufacture, against the form, &c. and against the peace, &c. [Second count states the like offence of preparing to go to America, for the purpose of there teaching his said trade and manufacture to foreigners.] INDICTMENTS FOR OFFENCES AGAINST TRADE, That A. B. late of, &c. being an evil disposed person, and having no regard for the laws and statutes of this realm, nor fearing the pains and penalties therein contained, after the twenty-fourth day of June, one thousand seven hundred and eighty-one, to wit, (b) See a similar precedent in Starkie, 653. See ante, n. a. (c) This was the indictment against W.Cockerill and another, A. D. 1800. obtained from the crown office. The two first counts are framed on the first section of the act, and all the subsequent counts on the fourth. See another precedent, Starkie, 652. in or proper for the preparing, The offence is founded on 21 Geo. III. c. 37. (passed to amend the 14 Geo. III. c. 71.) which enacts, that if any person shall load, or put on board, or pack in order to put on board, or cause or procure to be loaden or put on board, or packed in order to be loaden or put on board any vessel not bound directly to any port in Great Britain or Ireland, or shall bring, or cause to be brought to any quay, wharf, or other place in order to be so put on board any such vessel, any machine, engine, tool, press, paper, utensil, or implement, or any model, ar any part or plan thereof used Crim, Law. 4th sections On the 1st and 21 Geo. III. 37. for attempting to transport machinery. (c) |