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OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

MALICIOUS INJURIES-continued.

III. ACCESSORIES.

10. Any person aiding, abetting, counselling or procuring the commission 7 & 8 Geo. 4, of any offence under this title.

c. 30, s. 31 (Note 129, ante, p. 229).

MANUFACTURES, &c.

I. AS TO ARTIFICERS, MANUFACTURERS, MINERS, &c.

II. AS TO WORKMEN IN THE COTTON, FUSTIAN, HAT, LINEN, WOOL-
LEN, FLAX, HEMP, MOHAIR, SILK, FUR, LEATHER, OR IRON
MANUFACTURES, AND DYERS.

III. AS TO WORKMEN IN THE COTTON, FLAX, LINEN, MOHAIR, SILK,
OR WOOLLEN HOSIERY MANUFACTURES.

IV. AS TO CERTAIN TRADES IN PARTICULAR.

V. REGULATIONS AS TO MINES.

I. AS TO ARTIFICERS, MANUFACTURERS, MINERS, &c.

1. Truck Act.] Employer of any artificer in any of the trades enumerated 1 & 2 Will. 4, (in s. 19, see Note 143) by himself,

or

2. By the agency of any other person or persons, directly or indirectly entering into any contract,

or

3. Making any payment,

declared by this act to be illegal.

[See ss. 1 to 8, and exceptions to the generality of the law, s. 23;
2 Arch. J. P. 206, 207; and see s. 25 for the definition of terms.]

c. 37, s. 9.

(143) To what Trades the Act applies.] This act applies to artificers, workmen, labourers, and other persons employed in the several manufactures, trades and occupations following, viz. (s. 19),—in or about the making, casting, converting or manufacturing of iron or steel, or any parts, branches or processes thereof; or the working or getting of any mines of coal, ironstone, limestone, saltrock; or the working or getting of stone, slate or clay; or in the making or preparing of salt, bricks, tiles or quarries; or the making or manufacturing of any kinds of nails, chains, rivets, anvils, vices, spades, shovels, screws, keys, locks, bolts, hinges, or any other article or hardware made of iron or steel, or of iron and steel combined, 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 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,

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whether the same be or be not mixed one with another; or 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 the making or preparing of bone, thread, silk or cotton lace, or of lace made of any mixed materials. Domestic servants and servants in husbandry are not within this act (s. 2), nor are sub-contractors, but only those men who are really labourers, and do works by their own manual labour (Riley v. Warden, 12 J. P. 614; 18 Law J. Rep. (N. S.) Exch. 120).

(144) What Justices.] Not engaged in any of the enumerated trades (Note 143, s. 21); but county magistrates may act in boroughs, &c. in cases where the borough magistrates shall be disqualified; and the complainant may in that case remove the information from the said borough "to any other court of sessions or petty sessions, not exceeding 12 miles from the place where the offence shall be committed" (s. 22).

OFFENCES within the 11 & 12 VICT. c. 43.

MANUFACTURES, &c.-continued.

I. AS TO ARTIFICERS, &c.-continued.

4. Colliers or Miners.] Any person making any bargain, or entering into 39 any contract or agreement in writing, for raising or getting coal, culm, ironstone, or iron ore, wilfully, and to the prejudice of the owner, raising, getting or working,

or

5. Causing to be raised, got, or worked, any such coal, &c. in a different manner to his stipulations, and contrary to the directions and against the will of the owner, or his agent,

or

6. Desisting or refusing to fulfil the engagements entered into.

7. Any person walling or stacking,

or

8. Causing to be walled or stacked,

any coal, ironstone or iron ore, in any false or fraudulent
manner, with intent to deceive his employer,

or

9. Any person taking or removing

any ironstone or iron ore, with intent to defraud the person
who raised the same.

See further, tit. "Master and Servant," post, as to misconduct of servants
in husbandry, &c.

II. AS TO WORKMEN IN THE COTTON, FUSTIAN, HAT, LINEN,
WOOLLEN, FLAX, HEMP, MOHAIR, SILK, FUR, LEATHER OR
IRON MANUFACTURES AND DYERS.

10. Embezzling, &c. Materials and Tools.] Purloining, embezzling,
secreting,

or

11. Selling, pawning, exchanging,

or

12. Otherwise unlawfully disposing of,

any materials with which any person hired or employed to work
them up is entrusted (or any tools, implements, drugs or ingre-
dients, 17 Geo. 3, c. 56, s. 16), see Note 146.

Statute.

& 40 Geo. 3,

c. 77, s. 3 (Note 145).

Id. s. 4.

22 Geo. 2,

c. 27, s. 1.

(145) Who to lay Complaint.] By this section the complaint must be made by the owner or his agent, and not otherwise.

(146) Parties may be convicted, although no Proof of Ownership of Materials.] Sect. 6 of 17 Geo. 3, c. 56, after reciting the difficulty of convicting offenders purloining or receiving purloined materials, by reason of same having been worked up, &c. enacts that when any person shall be brought or charged upon oath before any two or more justices, by virtue of this act, with being suspected, or with having purloined and embezzled, or with having received any materials, &c. knowing the same to have been either purloined or embezzled, or received from some person or persons not entitled to dispose thereof, and it shall be made appear upon oath to the satisfaction of such justices that such person hath purloined

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10

12 (s. 8), and more

Yes

On oath Two or 1st Offence.] Impr. with hard la-
bour, for not less than 14 days (17
nor more than 3 cal. months, Geo. 3,
and whipping once publicly.
c. 56,
2nd or subsequent Offence.] The like s. 20,
for not less than 3 cal. mon. nor
more than 6, and whipping once 147).
publicly (17 Geo. 3, c. 56, s. 1).

within 6 cal. (17 Geo.|
m. (11 & 123, c. 56,
Vict. c. 43, s. 2).
s. 11).

Note

Nos. 5, 6,

p. 150.

No. 7,

p. 150.

or embezzled, &c. it shall be lawful for such justices, or for the justices at their general or quarter sessions (if they shall think fit), to convict such person, although no proof shall be given to whom such materials belong; and the person convicted is to be subject to like penalties, &c. as persons buying or knowingly receiving materials.

(147) Appeal.] Justices to make known to person convicted his right to appeal to the next general or quarter sessions; appellant at the time of conviction giving to such justices notice in writing of intention to appeal, and entering into a recognizance at the time of such notice, with sufficient sureties, to try appeal, &c.; but if at the time of giving such notice no recognizance is entered into, justices to commit until the sessions, unless such recognizance shall be sooner entered into (s. 20).

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

MANUFACTURES, &c.—continued.

II. AS TO WORKMEN, &C.-continued.

13. Not using all materials, and neglecting or delaying for 8 days (17 Geo. 3, c. 56, s. 7) to return (if required) unused part.

22 Geo. 2,

c. 27, s. 7.

14. Refusing Inspection.] Refusing to allow owner of materials to enter the shops or outhouses of any person employed by him to work up materials, and there to inspect the state and condition of such materials.

15. Receiving Materials in fictitious Names, &c.] Any person receiving materials in a fictitious name in order to be manufactured,

or

17 Geo. 3,

c. 56, s. 15.

Id. s. 9.

16. Receiving same in his or her own name to be manufactured by himself or herself, and afterwards delivering same to another to be manufactured (without owner's consent).

17. Any carrier or other person, employed to deliver materials to any workman to be prepared or wrought up, designedly delivering same to another person than the one ordered.

18. Selling, &c. Materials.] Selling, pawning, pledging, exchanging,

or

19. Otherwise unlawfully disposing of,

or

20. Offering to sell, pawn, pledge, exchange or otherwise unlawfully dis-
pose of,

any materials wrought or unwrought, mixed or unmixed (or any
tools or implements, drugs or ingredient, (s. 16), knowing the
same to have been purloined or embezzled.

Id.

Id. s. 5.

(148) Application of Penalty.] But if informer give evidence, the whole to poor of parish

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