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ten days at the least shall have intervened between the conviction of such person for the first and the conviction by such person of the second offence, but each separate offence committed by any such person before the expiration of the said term of ten days shall be punishable by a separate penalty, as though the same were a first offence; and that no person shall be punished as for a third offence under this Act, unless ten days at the least shall have intervened between the conviction of such person for the second and the conviction by such person of the third offence ; but each separate offence committed by any such person before the expiration of the said term of ten days shall be punishable by a separate penalty, as though the same were a second offence; and that the fourth or any subsequent offence which may be committed by any such person against this Act shall be enquired of, tried, and punished in the manner hereinbefore provided in respect of any third offence; and that if the person or persons preferring any such information shall not be able or shall not see fit to produce evidence of any such previous conviction or convictions as aforesaid, any such offender as aforesaid shall be punished for each separate offence by him committed against the provisions of this Act by an equal number of distinct and separate penalties, as though each of such offences were a first or second offence, as the case may be; and that no person shall be proceeded against or punished as for a second or as for a third offence at the distance of more than two years from the commission of the next preceding offence.

11. And be it further enacted, that it shall be lawful for any one justice of the peace, in all cases where any information or complaint shall be made as aforesaid, and he is hereby authorised and required, at the request in writing of any of the parties to the said complaint, and on the oath of the informer or complainant, or of the person informed or complained against, that he believes that the attendance of any person or persons as a witness or witnesses will be material to the hearing of such information, to issue his summons to any such person or persons, witness or witnesses, to appear and give evidence on oath before himself and such other justice or justices as shall hear and determine such information or complaint, the time and place of hearing and determining the same being specified in the said summons; and if any person or persons so summoned shall not appear before the said last-mentioned justices at the time or place so specified in the said summons, and shall not offer any reasonable excuse for the default, to the satisfaction of the said last-mentioned justices, or appearing according to the directions of the said summons shall not submit to be examined as a witness or witnesses, then and in every such case it shall be lawful for such lastmentioned justices, and they are hereby authorised (proof on oath, in the case of any person not appearing according to such summons, having been first made before such last-mentioned justices of the due service of such summons on every such person, by delivering the same to him or to her, or by leaving the same at the usual place of abode of such person, twenty-four hours at the least before the time appointed for such person to appear before such last-mentioned justices), by warrant under the hands and seals of such last-mentioned justices to commit such person or persons so making default in appearing, or appearing and refusing to give evidence, to some prison within the jurisdiction of the said justices, there to remain without bail or mainprize for any time not exceeding fourteen days, or until such person or persons shall submit to be examined and give evidence.

12. And be it further enacted, that all justices of the peace shall and are hereby empowered, on the conviction of any person or persons for any offence against this Act, in default of payment of any penalty or forfeiture, together with the reasonable costs and charges attending such conviction, to cause the same to be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant or warrants under the hands and seals of such justices, together with the reasonable costs of such distress and sale, and in case it shall appear to the satisfaction of such justices, either by the confession of the offender or offenders or by the oath of one or more credible witness or witnesses, that he, she, or they hath not or have not goods and chattels within the jurisdiction of such justices sufficient whereon to levy all such penalties and forfeitures, costs and charges, such justices may, without issuing any warrant of distress, commit the offender or offenders to the common gaol for three calendar months (unless the same be sooner paid), in such manner as if a warrant of distress had been issued, and a return of nulla bona made thereon.

13. And be it further enacted, that no person shall be liable to be convicted of any offence against this Act committed by his or her copartner in trade, and without his or her knowledge, privity, or consent ; but it shall be lawful, when any penalty, or any sum for wages, or any other sum, is ordered to be paid, under the authority of this Act, and the person or persons ordered to pay the same shall neglect or refuse to do so, to levy the same by distress and sale of any goods belonging to any copartnership concern or business in the carrying on of which such charges may have become due or such offence may have been committed ; and in all proceedings under this Act to recover any sum due for wages it shall be lawful in all cases of co-partnership for the justices, at the hearing of any complaint for the non-payment thereof, to make an order upon any one or more co-partners for the payment of the sum appearing to be due; and in such case the service of a copy of any summons or other process, or of any order, upon one or more of such copartners, shall be deemed to be a sufficient service upon all.

14. And it is declared and enacted, that in all cases it shall be deemed and taken to be sufficient service of any summons to be issued against any offender or offenders by any justice or justices of the peace, under the authority of this Act, if a duplicate or true copy of the same be left at or upon the place used or occupied by such offender or offenders for carrying on his, her, or their trade or business, or at the place of residence of any such offender or offenders, being at or upon any such place as aforesaid, the sarne being directed to such offender or offenders by his, her, or their right or assumed name or names.

15. And be it further enacted, that the justices before whom any person shall be convicted of any offence against this Act, or by whom any person shall be committed to the common gaol, in default of a sutticient distress, or for not appearing as a witness, or not submitting to be examined, shall cause all such convictions, and the summonses for the attendance of witnesses, and the warrants or orders for such commitments, and the warrant or order for any such distress, to be drawn up in the form or to the effect set forth in the schedule to this Act annexed, with such additions or variations as may be necessary for adapting the same to the particular circumstances of the case.

16. And be it further enacted, that the justices before whom any conviction shall be had under this Act shall cause the same to be returned to the next general or quarter sessions of the peace holden for the county or place wherein the offence shall have been committed, and the same shall then and there be delivered to the clerk of the peace, or other person acting as such, to be by him filed among the records of the said Court; and such clerk of the peace, or other person acting as such, is hereby required, on the tender and payment to him of the sum of one shilling, to grant to any person or persons, on demand, a copy any such conviction, with a certificate thereupon indorsed or thereunto annexed, that the same is a true and accurate copy of the original conviction returned to such general or quarter sessions as aforesaid.

17. And be it further enacted, that no conviction, order, or adjudication made by any justice of the peace under the provisions of this Act shall be quashed for want of form, nor be removed by certiorari or otherwise into any of his Majesty's superior Courts of record ; and no warrant of distress, or of commitment in default of sufficient distress, shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

18. And be it further enacted, that out of any penalty or forfeiture incurred by any offence committed against this Act, it shall be lawful for the Court or justices imposing the same to award any sum to the informer, not exceeding in any case the sum of twenty pounds; and the rest of any such pecuniary penalty or forfeiture shall go to the treasurer of the county in which the offence shall be committed, in aid of the rates of such county : provided always, that every proceeding whatsoever for any offence against this Act shall be commenced within three calendar months after such offence shall have been committed.

19. And be it further enacted, that nothing herein contained shall extend to any artificer, workman, or labourer, or other person engaged

or employed in any manufacture, trade, or occupation, excepting only artificers, workmen, labourers, and other persons employed in the several manufactures, trades, and occupations following ; (that is to say), in or about the making, casting, converting, or manufacturing of iron or steel, or any parts, branches, or processes thereof; or in or about the working or getting of any mines of coal, ironstone, limestone, salt rock; or in or about the working or getting of stone, slate or clay; or in the making or preparing of salt, bricks, tiles, or quarries ; or in or about the making or manufacturing of any kinds of nails, chains, rivets, anvils, vices, spades, shovels, screws, keys, locks, bolts, hinges, or any other articles or hardwares made of iron or steel, or of iron and steel coinbined, or of any plated articles of cutlery, or of any goods or wares made of brass, tin, lead, pewter, or other metal, or of any japanned goods or wares whatsoever ; or in or about the making, spinning, throwing, twisting, doubling, winding, weaving, combing, knitting, bleaching, dyeing, printing, or otherwise preparing of any kinds of woollen, worsted, yarn, stuff, jersey, linen, fustian, cloth, serge, cotton, leather, fur, hemp, flax, mohair, or silk manufactures whatsoever, or in or about any manufactures whatsoever made of the said last-mentioned materials, whether the same be or be not mixed one with another ; or in or about the making or otherwise preparing, ornamenting, or finishing of any glass, porcelain, china, or earthenware whatsoever, or any parts, branches, or processes thereof, or any materials used in any of such lastmentioned trades or employments ; or in or about the making or preparing of bone, thread, silk or cotton lace, or of lace made of any

mixed materials.

20. And be it further enacted, that nothing herein contained shall extend to any domestic servant or servant in husbandry.

21. And be it further enacted, that no justice of the peace, being a person also engaged in any of the trades or occupations enumerated in this Act, or the father, son, or brother of any such person, shall act as a justice of the peace under this Act.

22. And be it further enacted, that in all cities, boroughs, or corporate towns, where the magistrates for the time being are disqualified by the foregoing clause from administering this Act, then and in every such case, and so often as the same shall happen, it shall be lawful for the magistrates of the county in which the offence may be committed (and not disqualified as aforesaid) to administer, and they are hereby authorised and empowered to hear, examine, and determine, any offences committed against this Act, in any such cities, boroughs, or corporate towns ; and it shall be lawful for the complainant to remove the cases of information or complaint from the said cities, boroughs, or corporate towns to any other Court of session or petty session not exceeding twelve miles from the place where the offence shall have been committed ; any law, charter, usage, or custom to the contrary notwithstanding.

23. And be it further enacted and declared, that nothing herein contained shall extend or be construed to extend to prevent any employer of any artificer, or agent of any such employer, from supplying or contracting to supply to any such artificer any medicine or medical atten. dance, or any fuel, or any materials, tools, or implements to be by such artificer employed in his trade or occupation, if such artificers be employed in mining, or any hay, corn, or other provender to be consumed by any horse or other beast of burden employed by any such artificer in his trade and occupation; nor from demising to any artificer, workman, or labourer employed in any of the trades or occupations enumerated in this Act the whole or any part of any tenement at any rent (d) to be thereon reserved ; nor from supplying or contracting to supply to any such artificer any victuals dressed or prepared under the roof of any such employer, and there consumed by such artificer ; nor fronı making or contracting to make any stoppage or deduction from the wages (e) of any

(d) Chauner v. Cummings (1846), Q. B. 153; 1 L. T. N. S. 26. 8 Q. B. 311 ; 15 L. J. Q. B. 161. (The decision in Chauner v. Cum(Plaintiff and defendant in the glove mings was reviewed in the Exchequer trade ; plaintiff a framework knitter, Chamber. Three judges (Williams, and defendant a middleman, who pro- Willes, and Keating, JJ.) held that vided frames at an agreed gross price the deductions were illegal, and deper dozen frames. Defendant in set- livered a joint judgment to the effect tling with the plaintiff deducted out of that the benefits represented by the the gross price perdozen certain charges deductions--viz., the rent of frame which were according to the custom of and machine, fire, light, &c.—were the trade : 1, a frame rent of ls, 6d. given for work done, and that these a week per frame used by plaintiff deductions

were

contrivances by in his work ; 2, 1s. 6d. a week for the means of which the master made the use of defendant's premises to work interest of part of his capital a first in, standing room, defendant's super. charge upon the labour of his work. intendence of work, sorting the goods men. Byles, J., Bramwell, B., and when made, and redelivering them to Pollock, C.B., delivered separate judgthe master manufacturer; 3, 7d. a ments confirming the decision below, week for a boy for winding the yarn, and in conformity with Charut v. and for wear and tear of machinery ; Cummings. To meet this the 37 & 4, ld. per shilling on the net earnings 38 Vict. c. 48 (Hosiery Manufacture above 14s. per week as compensation Wages Act) was passed). to defendant for sums paid by him to (e) Cutts v. Ward (1867), L. R. 2 the master manufacturer. No written Q. B. 357 ; 56 L. J. Q. B. 161. contract. Held that plaintiff was an (Plaintiff signed rules of the colliery, "artificer" and defendant an

which authorised the deduction from ployer” within the Act ; that the wages of rent of house, and charges above deductions, being according to for tools, materials, and medical the custom of the trade and not colour. attendance generally, without specitiable, were not payments of wages cation of particulars. Held that dewithin sec. 3, but customary modes of ductions for rent and club for procalculating the amount of the wages, viding medicines were legal, that parol and not prohibited by secs. 1–3 ; that evidence of them might be given, and frame rents are not “ rents " within that it was not necessary to specify sec. 23 ; that no contract in writing the amounts to be deducted under was required to make these deductions each head on the written contract; legal. These deductions came before but that the deduction for wood to be the Exchequer Chamber in Archer v. used in propping the roof was illegal. James (1862), 2 B. & S. 61 ; 31 L. J. “What the Legislature contemplated

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