to whom the warrant is directed] are hereby authorized and required year of our Lord [This commitment to be directed to the proper peace officer, and the gaoler or keeper of the prison.] 1 & 2 WILL. 4, c. 37. An Act to prohibit the Payment, in certain Trades, of Wages in Goods, or otherwise, than in the current Coin of the Realm. [15th October, 1831.] Whereas it is necessary to prohibit the payment, in certain trades, of wages in goods, or otherwise than in the current coin of the realm; be it therefore 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 Parliament assembled, and by the authority of the same, that in all contracts hereafter to be made for the Contracts hiring of any artificer in any of the trades hereinafter enumerated, for the hiring or for the performance by any artificer of any labour in any of the must be made said trades, the wages of such artificer shall be made payable in the in the current current coin of this realm only, and not otherwise; and that if in coin of the any such contract the whole or any part of such wages shall be made realm; payable in any manner other than in the current coin aforesaid, such contract shall be and is hereby declared illegal, null and void (d). (d) Plaintiff, a framework knitter, worked as a weaver of gloves for defendant in frames provided by defendant at an agreed gross price per dozen pairs. Defendant was a sub-contractor, furnishing the work by agreement to a master manufacturer, who found machinery and materials. Defendant settled with plaintiff weekly for the work done, deducting out of the gross price per dozen certain charges which were according to the known custom of the trade, namely: 1. A framerent per week; 2. A payment per week for use of defendant's premises to work in, standing room for the frame, defendant's trouble and loss of time in procuring materials and conveying them to plaintiff, defendant's responsibility to the master manu facturer under whom he con- of artificers and must not contain any stipulations as to the manner in which the wages shall be expended. All wages must be paid to the work man in coin. Payment in goods declared illegal. Artificers may recover wages, if not paid in the current coin. In an action brought for Wages no set-off shall be allowed for goods supplied by the employer, or by any shop in which the employer is interested. No employer shall have any action against his artificer for goods supplied to him on account of wages. 2. And be it further enacted, that if in any contract hereafter to be made between any artificer in any of the trades hereinafter enumerated, and his employer, any provision shall be made directly or indirectly respecting the place where, or the manner in which, or the person or persons with whom, the whole or any part of the wages due or to become due to any such artificer shall be laid out or expended, such contract shall be and is hereby declared illegal, null and void. 3. And be it further enacted, that the entire amount of the wages earned by or payable to any artificer in any of the trades hereinafter enumerated, in respect of any labour by him done in any such trade, shall be actually paid to such artificer in the current coin of this realm, and not otherwise; and every payment made to any such artificer by his employer, of or in respect of any such wages, by the delivering to him of goods or otherwise than in the current coin aforesaid, except as hereinafter mentioned, shall be and is hereby declared illegal, null and void. 4. And be it further enacted, that every artificer in any of the trades hereinafter enumerated shall be entitled to recover from his employer in any such trade, in the manner by law provided for the recovery of servant's wages, or by any other lawful ways and meaus, the whole or so much of the wages earned by such artificer in such trade as shall not have been actually paid to him by such his employer in the current coin of this realm (e). 5. And be it further enacted, that in any action, suit or other proceeding to be hereafter brought or commenced by any such artificer as aforesaid, against his employer, for the recovery of any sum of money due to any such artificer as the wages of his labour in any of the trades hereinafter enumerated, the defendant shall not be allowed to make any set-off, nor to claim any reduction of the plaintiff's demand, by reason or in respect of any goods, wares or merchandize had or received by the plaintiff as or on account of his wages or in reward for his labour, or by reason or in respect of any goods, wares or merchandize sold, delivered or supplied to such artificer at any shop or warehouse kept by or belonging to such employer, or in the profits of which such employer shall have any share or interest (f). 6. And be it further enacted, that no employer of any artificer in any of the trades hereinafter enumerated shall have or be entitled to maintain any suit or action in any court of law or equity against any such artificer, for or in respect of any goods, wares or merchandize sold, delivered or supplied to any such artificer by any such employer, whilst in his employment, as or on account of his wages or reward for his labour, or for or in respect of any goods, wares or merchandize sold, delivered or supplied to such artificer at any shop or warehouse kept by or belonging to such employer, or in the profits of which such employer shall have any share or interest. section; nor was contract in Cummings, 8 Q. B. 311; acc. (f) See Riley v. Warden, 2 Exc. 59, post, p. 423, note (m). ficer or his wife or chil the overseers may recover 7. And be it further enacted, that if any such artificer as afore- If the artisaid, or his wife or widow, or if any child of any such artificer, not being of the full age of twenty-one years, shall become chargeable dren become to any parish or place, and if within the space of three calendar chargeable to months next before the time when any such charge shall be incurred the parish such artificer shall have earned or have become entitled to receive any wages for any labour by him done in any of the said trades, any wages which wages shall not have been paid to such artificer in the current earned withcoin of this realm, it shall be lawful for the overseers or overseer of in the three preceding the poor in such parish or place to recover from the employer of months, and such artificer in whose service such labour was done the full amount not paid in of wages so unpaid, and to proceed for the recovery thereof by all cash. such ways and means as such artificer himself might have proceeded for that purpose; and the amount of the wages which may be so recovered shall be applied in reimbursing such parish or place all costs and charges incurred in respect of the person or persons to become chargeable, and the surplus shall be applied and paid over to such person or persons. wages in consents. 8. Provided always, and be it further enacted, that nothing herein Not to incontained shall be construed to prevent or to render invalid any validate the contract for the payment, or any actual payment, to any such artificer payment of as aforesaid, of the whole or any part of his wages, either in the notes bank notes, of the governor and company of the Bank of England, or in the notes if artificer of any person or persons carrying on the business of a banker, and duly licensed to issue such notes in pursuance of the laws relating to his Majesty's revenue of stamps, or in drafts or orders for the payment of money to the bearer on demand, drawn upon any person or persons carrying on the business of a banker, being duly licensed as aforesaid, within fifteen miles of the place where such drafts or orders shall be so paid, if such artificer shall be freely consenting to receive such drafts or orders as aforesaid, but all payments so made with such consent as aforesaid, in any such notes, drafts or orders as aforesaid, shall for the purposes of this act be as valid and effectual as if such payments had been made in the current coin of the realm. entering into 9. And be it further enacted, that any employer of any artificer in Penalties on any of the trades hereinafter enumerated, who shall, by himself or employers by the agency of any other person or persons, directly or indirectly contracts enter into any contract or make any payment hereby declared illegal, hereby deshall for the first offence forfeit a sum not exceeding ten pounds nor clared illegal. less than five pounds, and for the second offence any sum not exceeding twenty pounds nor less than ten pounds, and in case of a third offence any such employer shall be and be deemed guilty of a mi demeanor, and, being thereof convicted, shall be punished by fine only, at the discretion of the court, so that the fines shall not in any case exceed the sum of one hundred pounds (g). how to be recovered. 10. And be it further enacted, that all offences committed against Penalties, this act, and not hereinbefore declared a misdemeanor, shall be enquired of and determined, and that all fines and penalties for such offences shall be sued for and recovered by any person or persons who shall sue for the same, before any two justices of the peace having jurisdiction within the county, riding, city or place in which (g) Affidavits in support of a rule for a certiorari to remove a conviction under this section, should be intituled "In the Second offence. Proviso. Justices may compel the attendance of witnesses. the offence shall have been committed (h); and that the amount of the fines, penalties and other punishments to be inflicted upon any such offenders shall, within the limits hereinbefore prescribed, be in the discretion of such justices, or, in cases of misdemeanor, of the court before which the offence may be tried; and in case of a second offence against this act, it shall be sufficient evidence of the previous conviction and offence, if a certificate, signed by the clerk of the peace or other officer having the custody of the record of such previous conviction shall be produced before the said justices enquiring of such second offence, in which certificate shall be stated in a compendious form the general nature of the offence for which such previous conviction was had, and the date of such previous conviction; and so in like manner, upon the trial of any indictment or information for any such misdemeanor as aforesaid, it shall be sufficient evidence of such second conviction for a like offence if a certificate thereof, signed by the clerk of the peace or other officer having the custody of the record of such second conviction, in such form as aforesaid, be produced to the court and jury: provided always, that no person shall be punished as for a second offence under this act unless ten days at the least shall have intervened between the conviction of such person for the first and the conviction by (i) 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 (i) 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 a 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 authorized 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 (h) The offence is complete where the note is given, although the goods are delivered out of the jurisdiction of the convicting justices, Ashersmith v. Drury, 28 L. J., M. C. 5; S. C. 32 Law Times Rep. 103. (i) Sic. 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 last mentioned justices, and they are hereby authorized (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 Power to and are hereby empowered, on the conviction of any person or per- ties by dislevy penalsons for any offence against this act, in default of payment of any tress. 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. liable in per 13. And be it further enacted, that no person shall be liable to be A partner convicted of any offence against this act committed by his or her not to be copartner in trade, and without his or her knowledge, privity or son for the consent; but it shall be lawful, when any penalty or any sum for offence of wages, or any other sum, is ordered to be paid, under the authority his co-partof this act, and the person or persons ordered to pay the same shall ner, but the partnership neglect or refuse to do so, to levy the same by distress and sale of property to any goods belonging to any copartnership concern or business in the be so liable. 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 copartnership for the justices, at the hearing of any complaint for the nonpayment thereof, to make an order upon any one or more copartners 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. |