there to remain without bail or mainprize for his (or her) offence aforesaid, until he (or she) shall submit himself (or herself) to be examined, and give his (or her) evidence before the said arbitrators, touching the matters referred to them as aforesaid, 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 A. B. and him (or her) safely to convey to the said prison (or house of correction), 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 said A. B. and him (or her) safely to detain and keep, pursuant to this commitment. Given under my (or our) hand (or hands) this in the year of our Lord day of This commitment to be directed to the proper peace officer and the gaoler (or keeper) of the prison (or house of correction). [No. XIV.] 39 and 40 George III. c. 106.-An Act to repeal an Act, passed in the last Session of Parliament, intituled, An Act to prevent unlawful Combinations of Workmen; and to substitute other Provisions in lieu thereof.-[29th July 1800.] any No. XIII. 39 and 40 George III. c. 90. No. XIV. 39 and 40 George III. c. 106. 39 Geo. 3. c. 81. repealed. All contracts heretofore entered into for obtaining an advance of WHEREAS it is expedient to explain and amend an Act, passed in the thirty-ninth year of the reign of his present Majesty, intituled, 'An Act to prevent unlawful Combinations of Workmen; 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assembled, and by the authority of the same, That from and after the passing of this Act, the said Act shall be repealed; and that all contracts, covenants, and agreements whatsoever, in writing or not in writing, at any time or times heretofore made or entered into by or between any journeymen manufacturers or other persons within this kingdom, for obtaining an advance of wages of them or any of them, or any other journeymen manufacturers or workmen, or other persons in manufacture, trade, or business, or for lessening or altering their or any of their usual hours or time of working, or for decreasing the quantity of wages, altering the usual work, (save and except any contract made or to be made between any time of master and his journeymen or manufacturer, for or on account of the work working, or service of such journeyman or manufacturer with whom such contract decreasing the may be made,) or for preventing or hindering any person or persons from quantity of employing whomsoever he, she, or they shall think proper to employ in work, &c. his, her, or their manufacture, trade or business, or for controlling (1) or (except conany way affecting any person or persons carrying on any manufacture, tracts between trade, or business, in the conduct or management thereof, shall be and the masters and same are hereby declared to be illegal, null, and void, to all intents and men) shall be illegal. whatsoever. II. And be it further enacted, That no journeyman, workman, or other Every workperson shall at any time after the passing of this Act make or enter into, man, after or be concerned in the making of or entering into any such contract, co- passing of this venant, or agreement, in writing or not in writing, as is herein-before de- Act, who shall clared to be an illegal covenant, contract, or agreement; and every jourbe guilty of neyman and workman or other person who, after the passing of this Act, offence, shall shall be guilty of any of the said offences, being thereof lawfully convicted, be committed upon his own confession, or the oath or oaths of one or more credible to the common witness or witnesses, before any two justices of the peace for the county, gaol for not purposes (1) In Rex v. Nield, 6 E. 417, it was ruled that a conviction for entering into an agreement for controlling the master manufacturers, was not sufficient, without particularly stating what the agreement was. It might be very desirable that an express provision any such should be made to render such statement un necessary, as it may be often clear, from circumstantial evidence, that an agreement has been entered into in general for such a purpose, without its being possible to prove the precise terms of it. No. XIV. 39 and 40 George III. c. 106. more than three months, or the house of correction, for not more than two; on conviction before two justices; as also any workman entering into any combination for advancing wages, &c. or who shall wilfully and maliciously endeavour to pre vent any work man from hiring himself, or prevail on him to quit his employ, or who shall hinder any master from employ ing any person or without reasonable cause, shall re fuse to work with any other workman; and also all persons who shall attend any meeting for the purpose of making any such illegal contract, or who shall sum riding, division, city, liberty, town, or place where such offence shall be committed, which oath either of such justices is hereby authorised and empowered to administer in such case, and in all other cases where an oath is to be taken before any justices of the peace in pursuance of this Act,) within three calendar months next after the offence shall have been committed, shall, by order of such justices, be committed to and confined in the common gaol within his or their jurisdiction, for any time not exceeding three calendar months, or at the discretion of such justices shall be committed to some house of correction within the same jurisdiction, there to remain and be kept to hard labour for any time not exceeding two calendar months. III. And be it further enacted, That every journeyman or workman, or other person, who shall at any time after the passing of this Act, enter into any combination to obtain an advance of wages, or to lessen or alter the hours or duration of the time of working, or to decrease the quantity of work, or for any other purpose contrary to this Act, or who shall, by giving money, or by persuasion, solicitation, or intimidation, or any other means, wilfully and maliciously endeavour to prevent any unhired or unemployed journeyman or workman, or other person, in any manufacture, trade, or business, or any other person wanting employment in such manufacture, trade, or business, from hiring himself to any manufacturer, or tradesman, or person conducting any manufacture, trade, or business, or who shall, for the purpose of obtaining an advance of wages, or for any other purpose contrary to the provisions of this Act, wilfully and maliciously decoy, persuade, solicit, intimidate, influence, or prevail, or attempt or endea vour to prevail, on any journeyman or workman, or other person hired or employed, or to be hired or employed in any such manufacture, trade, or business, to quit or leave his work, service, or employment, or who shall wilfully and maliciously hinder or prevent any manufacturer or tradesman, or other person, from employing in his or her manufacture, trade, or business, such journeymen, workmen, and other persons as he or she shall think proper, or who, being hired or employed shall, without any just or reasonable cause, refuse to work with any other journeyman or workman employed or hired to work therein, and who shall be lawfully convicted of any of the said offences, upon his own confession, or the oath or oaths of one or more credible witness or witnesses, before any two justices of the peace for the county, riding, division, city, liberty, town, or place, where such offence shall be committed, within three calendar months next after the offence shall have been committed, shall, by order of such justices, be committed to and be confined in the common gaol, within his or their jurisdiction for any time not exceeding three calendar months; or otherwise be committed to some house of correction, within the same jurisdiction, there to remain and be kept to hard labour for any time not exceeding two calendar months (1). IV. And for the more effectual suppression of all combinations amongst 'journeymen, workmen, and other persons employed in any manufacture, trade, or business,' Be it further enacted, That all and every persons and person whomsoever, (whether employed in any such manufacture, trade, or business, or not,) who shall attend any meeting had or held for the purpose of making or entering into any contract, covenant or agreement, by this Act declared to be illegal, or of entering into, supporting, maintaining, continuing, or carrying on any combination for any purpose by this Act declared to be illegal, or who shall summons, give notice to, call upon, persuade, entice, solicit, or by intimidation, or any other means, endeaendeavour to vour to induce any journeyman, workman, or other person employed in induce any any manufacture, trade, or business, to attend any such meeting, or who journeyman to shall collect, demand, ask, or receive any sum of money from any such attend any journeyman, workman, or other person, for any of the purposes aforesaid, such meetingor who shall persuade, entice, solicit, or by intimidation, or any other mon or by intimidation, &c. (1) A conviction of a journeyman_calico printer, under this statute, and 41 Geo. 3. c. 38, for refusing to work, was held bad for want of stating that such refusal was made within the jurisdiction of the convicting magistrates. Rex v. Hazell, 13 E. R. 139. No. XIV. 39 and 40 George III, c. 106. means, endeavour to induce any such journeyman, workman, or other person, to enter into or be concerned in any such combination, or who shall pay any sum of money, or make or enter into any subscription or contribution, for or towards the support or encouragement of any such illegal meeting or combination, and who shall be lawfully convicted of any of the said offences, upon his own confession, or the oath or oaths of one or more credible witness or witnesses, before any two justices of the peace or who shall for the county, riding, division, city, liberty, town, or place where such collect any offence shall be committed, within three calendar months next after the money, &c. offence shall have been committed, shall, by order of such justices, be committed to and confined in the common gaol within his or their juris diction, for any time not exceeding three calendar months; or otherwise be committed to some house of correction within the same jurisdiction, there to remain and be kept to hard labour for any time not exceeding two calendar months. duce him not V. And be it further enacted, That no person (whether employed as a No person journeyman or workman in any manufacture, trade, or business, or not) shall contrishall at any time after the passing of this Act wilfully pay or give any sum bute for any of money, as a subscription or contribution for the purpose of paying ex- expences inpences incurred or to be incurred by any person or persons acting contrary curred for actto the provisions of this Act, by payment of money, or other means, sup- ing contrary port or maintain any journeyman, workman, or other person, or contri- to this Act, or bute towards his support or maintenance, for the purpose of inducing him towards the to refuse to work, or to be hired or employed in any manufacture, trade, support of any or business; and every person who shall be guilty of any such offence shall person to inforfeit and lose any sum not exceeding the sum of ten pounds; and every to work, on journeyman, workman, and other person, who shall collect or receive any penalty not exmoney or valuable thing for any of the purposes aforesaid, shall forfeit and ceeding 10l. lose any sum not exceeding the sum of five pounds; such penalties of ten and any person pounds and five pounds respectively to be forfeited, one moiety to his Ma- collecting mojesty, and the other moiety to the informer and poor of the parish where ney for such such offence has been committed, to be equally divided between them; and purposes, shall all and every of the said offences shall be heard and determined in a sumforfeit, not mary way, before two justices of the peace for the county, riding, division, exceeding 57. one moiety to city, liberty, town, or place, where such offence shall be committed, and his Majesty, the conviction for the same may be had and made upon the oath or oaths and the other of one or more credible witness or witnesses; and the amount of the for- to the informer feiture or penalty for every such offence shall be fixed and determined by and the poor of such justices, but not exceeding the several sums herein-before mentioned; the parish. and in case any such forfeiture or penalty shall not be forthwith paid pur- Offences shall suant to such conviction, such justices shall, by warrant under their hands, be determined cause the same to be levied by distress and sale of the offender's goods and in a suminary chattels, together with all costs and charges attending such distress and way before two sale; and in case no sufficient distress can be had, such justices shall, by justices who warrant under their hands, commit the offender to the common gaol within shall fix the his or their jurisdiction, there to remain, without bail or mainprize, for penalty, and if any time not exceeding three calendar months nor less than two calendar not paid, shall months; or otherwise, at the discretion of such justices, to some house levied by disof correction within their jurisdiction, there to remain and be kept to hard tress, or in delabour for any time not exceeding two calendar months. fault thereof VI. And be it further enacted, That all sums of money which at any shall commit time heretofore have been paid or given as a subscription or contribution the offender to for or towards any of the purposes prohibited by this Act, and shall, for the common the space of three calendar months next after the passing of this Act, re- gaol or house main undivided in the hands of any treasurer, collector, receiver, trustee, of correction. agent, or other person, or placed out at interest, and all sums of money Contributions which shall at any time after the passing of this Act, be paid or given as a already made subscription or contribution for or towards any of the purposes prohibited for any prohi by this Act, shall be forfeited, one moiety thereof to his Majesty, and the bited purposes other moiety to such person as will sue for the same in any of his Majesty's and not diCourts of Record at Westminster; and any treasurer, collector, receiver, vided for three months after trustee, agent, or other person in whose hands or in whose name any such passing this Act, shall be forfeited, as also all future contributions for the like purposes, one moiety t his Majesty, and the other to the person who shall sue for the same. cause it to be No. XIV. 39 and 40 George III. c. 106. Persons liable to be sued for contribution money, shall be obliged to answer on oath to any information preferred against them. Upon payment into Court of the money remaining in the hands of any person at the time of filing informa tion and making discovery of the securities upon which other monies shall have been placed, the party shall be discharged from penalty. No person liable to penal ty for money discovered by any answer to an information Offenders may be compelled to give evidence, and shall be in demnified from prosecution, for any offence relative to which they give testimony. Justices may summon of fenders, and on their not appearing, or in the first instance, may is sue warrants for their appre hension, and on their appearing, or on proof of their absconding sum of money shall be, or shall be placed out, or unto whom the same shall have been paid or given, shall and may be sued for the same as forfeited as aforesaid. VII. And for the better discovery of all sums of money which have 'been or shall be paid or given by way of subscription or contribution for any purpose prohibited by this Act,' Be it further enacted, That all and every the persons and person who shall or may be liable by virtue of this Act to be sued for the same, shall be obliged and compellable to answer upon oath to any information which shall or may be preferred against them or him in any court of equity, by or in the name of his Majesty's Attorney-General on the part of his Majesty, or at the relation of any informer, for discovering the sum and sums of money so paid or given for any of the prohibited purposes aforesaid, and such court shall and may make such orders and decrees therein as to such court shall seem just, and no person shall demur to or refuse to answer such information by reason of any penalty or forfeiture to which such person may be liable in consequence of any discovery which may be sought thereby. VIII. Provided always, and be it enacted, That upon payment into the court, in which such information shall be filed, of all the money paid or given unto any such treasurer, collector, receiver, trustee, agent, or other person for any of the prohibited purposes aforesaid, and remaining in his hands at the time of filing such informations, and upon making a full discovery of all the securities in or upon which all such money which shall not be so remaining in his hands shall have been placed out or invested, the person or persons paying such money into court and making such discovery shall be acquitted and discharged from all forfeitures and penalties which shall or may have been incurred by him or them, by reason of having collected or received such money, or otherwise acting concerning the same, and from all actions and other suits respecting the same by any person or persons whomsoever, any statute, law, or usage, or any thing in this Act contained to the contrary thereof in anywise notwithstanding; nor shall any person be liable to any forfeiture or penalty or to any prosecution whatsoever, for or in respect of any sum of money which such person shall discover to have been paid, received, or given by any answer to such information as aforesaid. any IX. And be it further enacted, That all and every person and persons who shall or may offend against this Act, shall and may, equally with all other persons, be called upon and compelled to give his or her testimony and evidence, as a witness or witnesses on behalf of his Majesty, or of the prosecutor or informer, upon any information to be made or exhibited under this Act against any other person or persons, not being such witness or witnesses as aforesaid; and that in all such cases, every such person having given his or her testimony or evidence as aforesaid, shall be and hereby is indemnified of, from, and against any information to be laid, or prosecution to be commenced against him or her for having offended in the matter wherein or relative to which he, she, or they shall have given testimony or evidence as aforesaid. X. And for the more effectually enforcing and carrying into execution 'the provisions of this Act,' Be it further enacted, That on complaint and information on oath before any one or more justice or justices of the peace, of any offence having been committed against this Act within his or their respective jurisdictions, such justice or justices are hereby authorized and required to summon the person or persons charged with being an offender or offenders against this Act, to appear before any two such justices, at a certain time or place to be specified, and if any person or persons so summoned shall not appear according to such summons, then such justices (proof on oath having been first made before them or him of the due service of such summons upon such person or persons, by delivering the same to him or them personally, or leaving the same at his or their usual place of abode, provided the same shall be so left twenty-four hours at the least before the time which shall be appointed to attend the said justices upon such summons) shall make and issue their or his warrant or warrants for apprehending the person or persons so summoned and not appearing as aforesaid, and bringing him or them before such justices, or it shall be No. XIV. 39 and 40 c. 106. lawful for such justices, if they shall think fit, without issuing any previous summons, and instead of issuing the same, upon such complaint and information on oath as aforesaid, to make and issue their warrant or warrants for apprehending the person or persons by such information charged George III. to have offended against this Act, and bringing him or them before such justices; and upon the person or persons complained against appearing upon such summons, or being brought by virtue of such warrant or warmay convict or rants before such justices, or upon proof on oath of such person or per- acquit the sons absconding, so that such warrant or warrants cannot be executed, parties. then such justices shall, and they are hereby authorized and required, forthwith to make enquiry touching the matters complained of, and to examine into the same, by the oath or oaths of any credible persons, as shall be requisite, and to hear and determine the matter of every such complaint, and upon confession by the party, or proof by one or more credible witness or witnesses, upon oath, to convict or acquit the party or parties against whom complaint shall have been made as aforesaid. to give evi dence, may commit them. XI. And be it further enacted, That it shall be lawful for the justices Justices may of the peace before whom any such complaint and information shall be summon witmade as aforesaid, and they are hereby authorized and required, at the nesses, and for request in writing of any of the parties, to issue his or their summons to non-appearany witness or witnesses to appear and give evidence before such justices ance or refusal at the time and place appointed for hearing and determining such complaint, and which time and place shall be specified in such summons; and if any person or persons so summoned to appear as a witness or witnesses as aforesaid, shall not appear before such justices at the time and place specified in such summons, or offer some reasonable excuse for the default, or appearing according to such summons, shall not submit to be examined as a witness or witnesses, and give his or their evidence before such justices touching the matter of such complaint, then and in every such case it shall be lawful for such 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 justice or justices of the due service of such summons on every such person, by delivering the same to him or her, or by leaving the same twenty-four hours before the time appointed for such person to appear before such justices, at the usual place of abode of such person), by warrant under the hands of such 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 such justices, there to remain without bail or mainprize, until such person or persons shall submit himself, herself, or themselves to be examined, and give his, her, or their evidence before such justices as aforesaid. Convictions and commitments to be drawn up in the form in the first schedule. Convictions to be transmitted to the next general or quarter ses. XII. And be it further enacted, That the justices before whom any person or persons shall be convicted of any offence against this Act, or by whom any person shall be committed to prison for not appearing as a witness, or not submitting to be examined, shall cause all such convictions, and the warrants or orders for such commitment, to be drawn up in the form, or to the effect set forth in the first schedule to this Act. XIII. And be it further enacted, That the justices before whom any such conviction shall be had, shall cause the same (drawn up in the form or to the effect herein-before directed) to be fairly written on parchment, and transmitted to the next general sessions or general quarter sessions of the peace to be holden for the county, riding, division, city, liberty, town, or place wherein such conviction was had, to be filed and kept amongst the records of the said general sessions, or general quarter sessions; and in case any person or persons shall appeal, in manner herein-after men- made the tioned, from the judgment of the said justices to the said general sessions justices shall or general quarter sessions, the justices in such general sessions, or general then proceed quarter sessions, are hereby required, upon receiving such conviction, to to hear it. proceed to the hearing and determination of the matter of the said appeal, according to the directions of this Act. sions to be filed, and if appeal be XIV. Provided always and be it enacted, That nothing in this Act con- Act not to tained shall extend, or be construed to extend, to repeal, take away, or abridge pow. abridge the powers and authorities given to any justice or justices of the ers now given |