COMBINATION.

·Forcing a workman to leave work, &c.] "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:" imprisonment, with or without hard labour, for not more than three calendar months. 6 G. 4, c. 129, s. 3.

at

Conviction:-of having, on by threats and intimidations, that is to say, by [here state the particulars], endeavoured to force one C. D., a journeyman carpenter, who was then and there hired and employed by one E. F., in the trade of a carpenter as aforesaid, to depart from his said hiring and employment; contrary to the Act, &c.

Forcing a workman to belong to a club, &c.] "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 forcing or inducing such person to belong to any club or association, or to contribute to any common fund, or to pay any fine or penalty, or on account of his not belonging to any particular club or association, or not having contributed or having refused to contribute to any common fund, or to pay any fine or penalty, 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 lesson 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:" imprisonment, with or without hard labour, for not more than three calendar months. 6 G. 4, c. 129, s. 3.

Conviction:-of having, on—————— at used and employed threats and intimidation, to one C.D. a carpenter, by [here set out the threats], for the purpose of then and there forcing and inducing the said C. D., to belong to a certain club and association called -; contrary to the Act, &c.

Forcing a master to alter his mode of trade, &c.] "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:" imprisonment, with or without hard labour, for not more than three calendar months. 6 G. 4, c. 129. s. 3. Conviction:-of having, on at, by threats and intimidation, that is to say, by [here state the particulars], endeavoured to force one C. D.. who then and there carried on the trade and business of to [limit the number of his apprentices to two, or as the case may be]; contrary to the Act, &c.

What the act permits.] This act shall not extend to persons, who shall meet together for the sole purpose of consulting upon and determining the rate of wages or prices, which 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 or time for which he or they will work, in any manufacture, trade, or business. Id. s. 4.

Also, this act shall not extend to persons, who shall meet together for the sole purpose of consulting upon and determining the rate of wages or prices which the persons present at such meeting, 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,—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. Id. s. 5.

Proceedings for offences.] On complaint and information on oath before any one or more justice or justices of the peace, within six calendar months after the offence committed, such justice or justices shall summon the person charged, to appear before any two such justices, at a certain time or place to be specified; and if he shall not appear according to such summons, then such justices (upon proof on oath of the due ser

vice thereof, by delivering the same to him personally, or leaving it at his usual place of abode twenty-four hours at least previously), shall issue their warrant for apprehending and bringing him before such justices, or such justices, instead of issuing the summons, may issue their warrant for apprehending and bringing him before them; and upon his appearing upon such summons, or being brought by virtue of such warrant before such justices, or upon proof on oath of such person absconding, so that such warrant cannot be executed, then such justices shall forthwith hear and determine the matter of complaint; and upon confession by the party, or proof by one or more credible witness or witnesses upon oath, convict or acquit the party. Id. s. 7.

"But no justice of the peace, being also a master in the 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." Id. s. 13.

The conviction shall be in the form or to the effect following: Id. s. 9.

day of

in the

Be it remembered, that on the year of Her Majesty's reign, and in the year of our Lord A. B. is convicted before us (naming the justices) two of Her 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, intituled 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 within the said county [or riding, division, city, liberty, town, or place], there to be kept to hard labour for the space of Given under our hands, the day and year above written.

This conviction shall be fairly written upon parchment, and transmitted to the next general or quarter sessions. Id. s. 10.

Witnesses.] All persons who shall offend against this act, may, equally with all other persons, be called upon and compelled to give their testimony as witnesses on behalf of the prosecutor, upon any information exhibited under this act; and in such cases, the witness, having given his testimony, is hereby indemnified against any prosecution against him, for the matter wherein he shall have given testimony. Id. s. 6.

* An Act to repeal the laws relating to the combination of workmen, and to make provisions in lieu thereof."

The justice of the peace before whom any such complaint shall be made, shall, at the request in writing of any of the parties, issue his summons to any witness to appear and give evidence before such justices; and if any person so summoned shall not appear at the time and place specified in such summons, or offer some reasonable excuse, or shall not submit to be examined as a witness and give his evidence before such justices, touching the matter of such complaint: then such justices, (proof on oath, in the case of any person not appearing according to such summons, having been first made of the due service of such summons, by delivering the same to him, or by leaving the same for him twenty-four hours before the time appointed, at his usual place of abode), shall, by warrant under their hands, commit him to prison for three calendar months, or until he shall submit to be examined and give evidence. Id. s. 8.

The warrant of commitment in this case, must be in the form following, or to the like effect. Id. s. 9.

on

Whereas C. D. hath been duly summoned to appear and give evidence before us [naming the justices who issued the summons] two of Her Majesty's justices of the peace for the county [or riding, division, city, liberty, town, or place] of this day of at, 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, intituled 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] default, [or And whereas the C. D. having appeared before us, at the time and place aforesaid, specified for that purpose, hath not submitted to be examined as a witness and give his [or her] evidence before us touching the matter of the said complaint, but hath refused so to do]; therefore we, the said justices, do hereby, in pursuance of the said statute, commit the said C. D. to the [describing the prison], there to remain without bail or mainprize, for his [or her] contempt aforesaid, for three calendar months, or until he [or she] shall submit himself [or herself] to be examined, and give his [or her] evidence before us, touching the matter of the said complaint, or shall otherwise be discharged by due course of law: And you the [constable or other peace officer or officers to whom the warrant is directed] are hereby authorized and required to take into your custody the body of the said C. D. and him [or her] safely to convey to the said prison,

* See the note, ante, p. 214.

and him [or her] there to deliver to the gaoler or keeper thereof, who is hereby authorized and required to receive into his custody the body of the C. D. and him [or her] safely to detain and keep, pursuant to this commitment. Given under our hands, this day of- in the year of our Lord

[This commitment to be directed to the proper peace officer, and the gaoler or keeper of the prison.]

Appeal.] If any person convicted of any offence punishable by this act, shall think himself aggrieved by the judgment of such justices, he may appeal to the next general or general quarter sessions of the peace; and the execution of such judgment shall be suspended, in case the person so convicted shall immediately enter into recognizances before such justices, himself in the penal sum of ten pounds, with two sufficient sureties in ten pounds, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the said next general or general quarter sessions, and to pay such costs as the said court shall award; and the justices in the said next court of general or general quarter sessions shall hear and determine the said appeal, and award such costs as to them shall appear just and reasonable, to be paid by either party; and if upon the said appeal, the conviction 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. Id. s. 12.

COMMITMENT.

When a complaint is made before a justice of the peace,of an indictable offence,-whether treason, felony or misdemeanor, having been committed within the county or other district to which his commission extends, it is his duty to have the offender brought before him; and for this purpose he issues a summons or warrant, as shall be mentioned presently. As soon as the party appears before him, he then examines the witnesses produced, hears whatever the accused party may say in his defence, and then discharges the party or commits him to prison, according as he judges that a sufficient case has been made out against him or not. Or instead of committing him, he may take bail for his appearance at the next sessions or assizes, as we have already seen, ante, p. 139.

Under this head, therefore, it may be convenient to treat of