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such artificer, for or in respect of any such rent; or for or in respect of any such medicine or medical attendance ; or for or in respect of such fuel, materials, tools, implements, hay, corn, or provender, or of any such victuals dressed and prepared under the roof of any such employer ; or for or in respect of any money advanced to such artificer for any such purpose as aforesaid : provided always, that such stoppage or deduction shall not exceed the real and true value of such fuel, materials, tools, implements, hay, corn, and provender, and shall not be in any case made from the wages of such artificer, unless the agreement or contract for such stoppage or deduction shall be in writing, and signed by such artificer.
24. And be it further enacted and declared, that nothing herein contained shall extend or be construed to extend to prevent any such employer from advancing to any such artificer any money to be by him contributed to any friendly society or bank for savings duly established according to law, nor from advancing to any such artificer any money for his relief in sickness, or for the education of any child or children of such artificer, nor from deducting or contracting to deduct any sum or sums of money from the wages of such artificer for the education of any such child or children of such artificer, and unless the agreement or contract for such deduction shall be in writing, and signed by such artificer.
25. And be it further enacted and declared, that in the meaning and for the purposes of this Act all workmen, labourers, and other persons in any manner engaged in the performance of any work, employment, or operation, of what nature soever, in or about the several trades and occupations aforesaid, shall be and be deemed “ artificers ;” and that within the meaning and for the purposes aforesaid all masters, bailiffs, foremen, managers, clerks, and other persons engaged in the hiring, employment, or superintendence of the labour of any such artificers, shall be and be deemed to be “employers ;” and that within the meaning and for the purposes of this Act any money or other thing had or contracted to be paid, delivered, or given as a recompense, reward, or remuneration for any labour done or to be done, whether within a certain time or to a certain amount, or for a time or an amount uncertain, shall be deemed and taken to be the “wages” of such labour ; and
was a sale out and out, and not a con- Held that the giving of the cheques tract for hiring materials.” Pillar was a mere subterfuge to enable the V. Llynri Coal Co. (1869), L. R. 4 defendants to pay the plaintiff part of C. P. 752;28 L. J. C. P. 294. (Plaintiff his wages in goods ; that occasional was paid partly in small cheques, deductions in respect of coals and which he could not cash except at de- materials formed no part of system fendants' shop, and then only by tak- of payment, and could not be reing 168. in the pound in goods. The covered ;
and that the “artificer" was defendants deducted, without any entitled to recover the whole of the written contract, sums for coals, deductions for doctor's funds and medical assistance and schooling. schooling.)
that within the meaning and for the purposes aforesaid any agreement, understanding, device, contrivance, collusion, or arrangement whatsoever on the subject of wages, whether written or oral, whether direct or indirect, which the employer and artificer are parties or are assenting, or by which they are mutually bound to each other, or whereby either of thein shall have endeavoured to impose an obligation on the other of them, shall be and be deemed a “contract.”
26. And be it further enacted, that this Act shall not commence or take effect till the expiration of three calendar months next after the day of passing the same.
27. And be it further enacted, that the provisions of this Act shall extend over the whole of that part of the United Kingdom of Great Britain and Ireland called Great Britain.
SCHEDULE referred to in the foregoing Act.
Form of Conviction.
BE it remembered that on this day of to wit. in the year of our Lord
at in the county of
A. B. is duly convicted before us, C. D. and J. G., two of his Majesty's justices of the peace for the of
for that the said A. B. [specify the offence, and the time and place when and where committed ], whereby the said A. B. has forfeited the sum of
this being adjudged to be the first [or second] offence [as the case may be] against the provisions of an Act to prohibit the payment of wages in goods, besides the cost of this conviction, which we assess at the sum of
[here state to whom and in what proportions the penalty and costs are to be paid) pursuant to the statute in that case provided.
Given under our hands and seals,
Summons to Witness. WHEREAS information upon oath hath been made before to wit.
) me, A, B. Esquire, one of his Majesty's justices of the peace for the county aforesaid, that C. D. of
has been guilty of an offence against the laws prohibiting the payment of wages in goods, and that you are a material witness to be examined on the hearing and determination of such information : These are therefore to require you to appear personally before me, and such other justice or justices as shall hear and determine such information, at
in the county aforesaid, on the
at the hour of
of the same day, there to be examined touching the matters alleged in such information. As witness my hand,
Warrant of Commitment of a Witness.
To the constable or other proper officer and to the keeper or to wit.
3 gaoler of Whereas C. D. hath been duly summoned to appear and give evidence before us, A. O. and G. F., two of his Majesty's justices of the peace for the county (or riding, city, division, or place] of day of
being the time and place appointed for hearing and determining the complaint made on the oath of before us, against A. B., of having [stating the offence as laid in the information) contrary to the laws now in force for prohibiting the payment of wages in goods : 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 default (or
]: And whereas the said 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 evidence before us touching the matter of the said complaint, but hath refused so to do [or
]; Therefore we the said justices do hereby, in pursuance of the statute made, &c. [setting forth the title of this Act] commit the said C. D. to the [describing the prison) there to remain, without bail or mainprize, for his contempt aforesaid, for the space of three calendar months, or until he shall submit himself to be examined and give his evidence touching the matter of the said complaint, or shall otherwise be discharged by due course of law. And you (the constable or peace officer 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 safely to convey to the said prison, and bim there to deliver to the gaoler or keeper thereof, who is hereby authorized and required to receive into his custody the body of the said C. D., and him safely to retain and keep, pursuant to this commitment. Given under our hands and seals, this of our Lord
in the year
Warrant to Distrain for Forfeiture.
To the constable [headborough] or [tithingman of to wit. Whereas A, B. of
is this day convicted before us, C. D. and J. G., two of his Majesty's justices of the peace in and for the said county, upon oath of H. K., a credible witness, for that the said A. B. did [here set forth the offence], contrary to the statute in that case made and provided, hy reason whereof the said A. B. hath forfeited the sum of
to be distributed as herein is mentioned, besides the sum of
for costs, both of which he hath refused to pay ; These are therefore, in his Majesty's name, to command you to levy the said sum of and also the sum of
for costs, by distress of the gooils and chattels of him the said A. B. ; and if within the space of
days next after such distress by you taken, the said sums, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale that you do retain the said costs, and also the said forfeiture or sum of
and thereout pay to L. M., who hath informed and prosecuted in this case, the sum of
being his adjudged portion of such forfeiture, the residue whereof is to go to the treasurer of the said county of in aid of the rates thereof ; and that you do return the overplus, on demand, to him the said A. B. (the reasonable charges of taking, keeping, and selling the said distress being first deducted); and if sufficient distress cannot be found of the goods and chattels of the said A. B. whereon to levy the said sum of
that then you certify the same to us, together with this warrant.
Given under our hands and seals,
Commitment for Want of Distress.
To the [constable) of
in the said county, and to wit. to the keeper of the common gaol (or the
house of correction) at
in the said county. Whereas A. B. of
in the said county was on the day of
convicted before us, C. D. and J. G., two of his Majesty's justices of the peace in and for the said county, upon the oath of H. K., a credible witness, for that he the said A. B. [here set forth the offence), contrary to the statute made in the
year of the reign of his Majesty King William the Fourth, by reason whereof the said A. B. hath forfeited the sum of
besides the sum of for costs : and whereas on the
in the year aforesaid we did issue our warrant to the [constable] of to levy the said sum of
and costs, by distress and sale of the goods and chattels of him the said A. B., and to distribute the same according to the directions of the said statute : And whereas it duly appears to us, upon the oath of the said [constable], that the said [constable) hath used his best endeavours to levy the said sum on the goods and chattels of the said A. B. as aforesaid, but that no sufficient distress can be had whereon to levy the same for by confession of the said A. B., or by the oath of a credible witness, that the said A. B. hath not goods and chattels within our jurisdiction whereon to levy the said forfeiture and costs]; These are therefore to command you the said [constable) of aforesaid to apprehend the said A. B., and him safely to convey to the common gaol (or house of correction) at
in the said county, and there to deliver him to the keeper thereof, together with this precept, and we do also command you the said keeper to receive and
keep in your custody the said A. B. for the space of three months, unless the said sum and costs shall be sooner paid ; and for so doing this shall be your sufficient warrant. Given under our hands and seals,
8 & 9 VICT. C. 128 (1845). An Act to make further regulations respecting the tickets of work to be
delivered to silk weavers in certain cases. Section 1 cites 5 George IV., c. 96, and enacts that, " When any manufacturer of silk goods or of goods made of silk mixed with other materials, or the agent of any such manufacturer, gives out to a weaver of such goods a piece of warp to be woven, such manufacturer or agent shall at the same time deliver to such weaver (unless both parties shall by writing under their respective hands agree to dispense therewith) a printed or written ticket, signed by such manufacturer or agent, containing the following particulars of the agreement between such manufacturer or agent and such weaver ; (that is to say,) the count or richness of the warp or cane: The number of shoots or picks required in each inch ; The number of threads of weft to be used in each shoot ; The name of the manufacturer, or the style of the firm under which he carries on business : The weaver's name, with the date of the engagement; And the price in sterling money agreed on for executing each yard imperial standard measure of thirty-six inches of such work in a workmanlike manner : And such manufacturer or agent delivering such ticket shall make or cause to be made, and shall preserve until the work contracted to be done shall have been completed or paid for, a duplicate of such note or ticket.
2. That in the event of any dispute between the manufacturer or his agent and the workmen, such ticket and the said duplicate thereof shall be required to be produced, and shall, together or either of them, be evidence of all things mentioned therein, or respecting the same.
3. Provided always, that where the subject of dispute relates to the alleged improper or imperfect execution of any work delivered to any manufacturer or his agent, such piece of work shall be produced, in order to adjudication, or if not produced shall be deemed and taken to have been sufficiently and properly executed.
4. That if any of the parties to the said complaint shall make oath before any justice, having cognizance of such complaint, that he or she believes that the attendance of any person as a witness will be material to the hearing of such complaint, such justice may summon such person, having been paid or tendered a reasonable sum for his expenses, to appear and give evidence on oath before him at the time and place set forth in the said summons; and if any person so summoned shall not