OFFENCES within the 11 & 12 VICT. C. 43. MASTER AND SERVANT-continued. II. AS TO MISBEHAVIOUR BY SERVANTS IN HUSBANDRY, &c. AND MASTERS (Note 158). 10. Servants misbehaving, &c.] Any servant in husbandry, artificer, handi- 20 s. 3. 11. Any servant in husbandry, or any artificer, calico printer, handi- 4 Geo. 4, c. 34, craftsman, miner, collier, keelman, pitman, glassman, potter, labourer, or other person (Note 159), [with the addition of all persons engaged in the manufacture of hats, and in the woollen, linen, fustian, cotton, iron, leather, hemp, flax, mohair and silk manufactures, 10 Geo. 4, c. 52,] contracting to serve any person for any time or in any other manner, and not commencing his service accordingly (such contract being in writing and signed), or 12. Having entered upon such service, absenting himself therefrom before the contract (whether in writing or not) shall be completed, or 13. Neglecting to fulfil contract, or 14. Guilty of any other misconduct or misdemeanor in the execution thereof, or otherwise respecting the same. (158) Statutes within Jervis's Act c. 43; Minors punishable under the Servants' Acts.] The offences under this division of the title were formerly supposed not to be within the operation of Jervis's Act, 11 & 12 Vict. c. 43 (vide 12 J. P. 636, 653, 667); but Mr. Archbold is of opinion that the statutes here referred to are within the operation of that act, so far as the act can be made applicable to them (Archb. 2nd edit. of Jervis's Acts, pp. 137, 138, note; 1 Magistrate, 111). The most comprehensive act here noticed, and the one usually acted upon in practice, is the 4 Geo. 4, c. 34; the 20 Geo. 2, c. 19, seems more applicable in regard to the punishment of day labourers; and the 4 Geo. 4, c. 34, and 6 Geo. 3, c. 25, to contracts for a longer period. As to the question whether persons under age can be punished for non-completion of a contract of service, in the case of Reg. v. James Lord (17 Law J. Rep. N. S., M. C. 181), a contract whereby an infant agreed to enter into the service of a master for twelve months at certain weekly wages, and to serve him at all times during that term, and to work fifty-eight hours a-week, contained a proviso that in case the steam engine should be stopped from accident or any other cause, that the master might retain all wages of the servant during that time: Held, that the agreement was void against the infant, and that a conviction for absenting himself from such service could not be supported. Neither must the agreement be deficient in mutuality or in restraint of trade (Hartley v. Cummings, 17 Law J., C. P. 84). The prevailing opinion, however is, that justices have jurisdiction over infants, if the contract is in other respects legal. The offence complained of by the master must not amount to a felony, as justices have no jurisdiction to hear and convict under such circumstances by these statutes (Ex parte Jacklin, 13 Law J., N. S., M. C. 139; see Note 159). The agreement or contract need not be stamped (see 31d exemption in Sched. to 55 Geo. 3, c. 184, tit. “ Agreements"). (159) What Servants, &c. or Contracts within the Acts.] The result of several opinions 10. On oath, One and within or more, 6 cal. m. (11 & 12 Vict. c. 43, where master inhabits s. 11), by the (20 Geo. master, his 2, c. 19, steward, ma- s. 2). nager or agent. One where servant con tracted, or em Yes (s. 5, Note 12, Impr. with h. 1. and correction [i. e. Or, abate part of wages; Or, discharge servant, which dis- Impr. and h. 1. for not exc. 3 cal. ployed of wages Or, discharged from the contract or p.137). No. Nos. 6-8, pp. 157, 158. Nos. 9-12, pp. 158, 159; Conviction and abatement of wages &c. No. 13, p. 160; Discharge, No. 14, p. 160. and decisions upon these and analogous cases, as to the description of servants and the nature of the contracts within the acts, appears to be : 1. The servant must be one of the descriptions mentioned in the acts, and been exclusively employed as such; the general words "or other labourer" in the 20 Geo. 2, c. 19, and "labourer or other person" in the 4 Geo. 4, c. 34, and 6 Geo. 3, c. 25, following the specified descriptions, must be construed as applicable only to persons ejusdem generis (Sandiman v. Breach, 7 B. & C. 100; Kitchen v. Shaw, (6 Ad. & E. 719; 1 N. & P. 791; 1 J. P. 185,) overruling Lowther v. Earl Radnor, 8 East, 113; Ex parte Eli Ormerod, 13 Law J., N. S., M. C. 73; 7 J. P. 362, 541; 9 J. P. 12; 4 J. P. 263). 2. The hiring must have been to serve for a certain definite and continuous period, or for an unlimited period determinable on a given notice, and not for specific work (Hardy v. Ryle, 9 B. & C. 603; Lancaster v. Greaves, 9 B. & C. 628; R. v. Johnson, 9 Law J., N. S., M. C. 27; Wiles v. Cooper, 5 N. & M. 276; 3 J. P. 333; 4 J. P. 263; 5 J. P. 378; 7 J. P. 426, 500, 569; 11 J. P. 748; 12 J. P. 705; 13 J. P. 579, 640). 3. The servant, if the hiring be definite, as shown in 2, may have been stipulated to be paid either at so much for the period hired, or at so much per day, per ton, or piece, &c. (4 J. P. 660; 6 J. P. 81; 7 J. P. 500, 697, 774; 9 J. P. 349; 10 J. P. 412; 11 J. P. 300, 363, 748). 4. In all cases the servant's time must have been his master's exclusively at all periods during the performance of the contract (Reg. v. Johnson, 9 Law J., N. S., M. C. 27; 6 J. P. 81; 7 J. P. 426, 500; 9 J. P. 349; 11 J. P. 14, 300, 559; 13 J. P. 640). OFFENCES within the 11 & 12 VICT. C. 43. MASTER AND SERVANT-continued. II. AS TO MISBEHAVIOUR BY SERVANTS IN HUSBANDRY, &c. AND MASTERS-continued. Statute. 15. Any artificer, calico printer, handicraftsman, miner, collier, keelman, 6 Geo. 3, c. 25, pitman, glassman, potter, labourer or other person (Note 159, ante, p. 260), contracting with any person whomsoever for any time or or 16. Guilty of any other misdemeanor. s. 4. 17. Ill-usage by Master.] Misusage, refusal of necessary provisions, 20 Geo. 2, c. 19, cruelty, or other ill-treatment towards such servant, &c. [as in Offence 10, ante, p. 260]. s. 2; 31 Geo. 2, c. 11, s. 3. MILITARY LAW. 1. Recruit enlisting and discovered incapable of active service (by reason of any infirmity concealed, or not declared before justice, when attested), concealing his having been a soldier and discharged, or discharged upon a prior enlistment, or 2. Wilfully concealing any such infirmity, upon being attested, or 3. Designedly making any false representation. 4. Denying at the time of enlistment or attestation that he belongs to the militia (if the fact be otherwise). 5. Any person confessing himself to be a deserter, when not so. 6. Any officer or soldier forcibly entering into or breaking open any dwellinghouse or outhouse, or 7. Giving orders to do so, under pretence of searching for deserters, without a justice's warrant. 8. Any constable or other person employed in billeting presuming to billet on any house not liable, or 9. Neglecting or refusing to billet, when required, or 10. Receiving any money for excusing any person from receiving any soldier, or 11. Quartering wives, children, men or maidservants of officers or soldiers in any house against occupier's consent, or 12. Neglecting or refusing to execute justice's warrants for providing carriages. 15 & 16 Vict. c. 7, s. 57 (see Marine Mutiny Act, c. 8). Id. Id. s. 49. Id. s. 88. Id. s. 92. (160) Application of Penalty, &c.] A moiety to the informer, and the remainder, or if no informer the whole [and in Offence 13, treble value also], to general agent for recruiting |