after the child has ceased to require assistance in supporting itself.

2

Some have thought that the triennial prescription applies to such claims, but a demand of this kind has been sustained after the lapse of 15 years.3

Justices used often to enforce decree for this aliment by imprisonment, but that course is now considered of doubtful legality."

6. Custody of Bastards.

The custody of a natural child belongs to the mother for a great part of its infancy, usually of a male till seven, and of a female till ten years old.

In order to force the mother to give up the child after either of these terms, it is common to make the aliment cease then, or to declare the father's liability therefor terminable by his then taking the child under his own charge.

But it has been doubted whether the mother is not always to be preferred for the custody of the child."

7. Father's Rights.

The father has no right of administration or guardianship in regard to his natural child.

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27, relating to cholera, were merely temporary, and have now expired, (1834.)

But Justices of Peace are probably entitled to take means for checking cholera, or any other apparently contagious disease, as they were empowered to do in time of plague. See Plague.

CLERK OF THE PEACE.

THE Clerk to the Justices, or Quarter Sessions of a county, is appointed by the Secretary of State.'

Deputy Clerks in the districts are named by the principal Clerk; or, in case of need, by the Justices temporarily.

The Clerk is to attend the Justice of Peace courts, and to keep their books.*

COLLIERS AND SALTERS.

THESE persons, in 1775, were freed by statute from their former state of partial servitude.3

A later act provides with regard to colliers alone, that No action shall lie for money lent to them, directly or indirectly, by the coal-owner or lessee, or the right to which is acquired directly or indirectly, by the owner or tacksman, either before or during the engagement of the colliers, unless the money have been advanced to the latter for behoof of their family in sickness."

Money having been lent in the above way, the master may stop from the debtor's wages one-twelfth of the debt

1 Hutch. B. i. c. 1, § 10.
2 Hutch. ut sup. (i. 52, 3.)
4 39 Geo. III. c. 56.

(Vol. i. p. 51—3.)

3 Act 15 Geo. III. c. 28.

5 Ibid. § 5.

weekly, till repaid; and may sue for any balance remaining unpaid at the close of the debtor's service.'

COMBINATION OF WORKMEN.

I. AT COMMON LAW.

The combination of two or more workmen to force a rise of wages is an offence at common law.”

Justices of Peace, therefore, may try minor cases of this sort, and punish by fine or imprisonment.}

3

II. BY STATUTE.

Peculiar powers, however, in regard to combination, have been conferred upon Justices by a British statute now in force, 6 Geo. IV. c. 129.

1. What not meant by the Act. It is declared to be not unlawful for masters to meet and enter into agreement (written or verbal) regarding the prices or wages they themselves will pay their workmen for work, or the hours they will require them to work.4

Nor for workmen to do the like regarding the prices or wages they themselves will take, or the hours that they will work.s

2. What meant by the Act. But it is illegal for any person, by violence, threats, molestation, or obstruction,

(I.) To force, or endeavour to force, any workman or other, (1.) to quit his employment, or return his work unfinished, or abstain from taking work or employment from any person, (2.) or to join a club or association, (3.) or to pay a fine for not joining a club, or for not contributing to a fund, or for not complying with any rule made to raise or reduce the rate of wages, or alter or decrease the hours of working or quantity of work, or to regulate the mode or management of any trade or business."

Or, (II.) in like manner to force, or endeavour to force, any manufacturer, or person carrying on manufacture or business, (1.) to alter his mode of conducting it, (2.) or to limit the number of his apprentices, or the number or description of his workmen or servants."

3. Quorum of Justices.

Two Justices may try cases under this statute.3

4. Disqualification of Justices.

But no Justice, who is a master, in the particular trade referred to in any case, may act therein.4

5. Prosecutor.

The Public Prosecutor may bring forward cases under this act."

But private prosecutors are not excluded.

Sworn information does not appear to be required from the Public Prosecutor however, that not being Scottish practice. See Terms of Sect. 11.

7. Citation of Party. Upon complaint and information on oath, one Justice or more are either (1.) to summon the party on twenty-four hours' notice at least,' and,

If he fail to appear (the due service of the summons being proved on oath), to grant warrant for his apprehension and being brought before them ;? Or, (2.) without previous summons, to grant such warrant.3

8. Proceedings on Trial. Upon the party's appearing, or being brought up by warrant;'

Or, upon his absconding being proved by oath ;'

The Justices shall proceed to determine the case by confession of party, or on the oath of one witness or more, and acquit or convict accordingly.“

9. Witnesses. The Justices to whom complaint is brought, are, upon either party's request in writing, to issue a summons for any witness or witnesses to attend on twenty-four hours' notice.?

If a witness fail to appear without just excuse (his due citation being proved on oath), or refuse to depone, the Justices shall, by warrant under their hands, commit him to prison for three months, or until he shall submit to depone.

10. Offenders may be made Witnesses. An offender against this act may be cited and compelled to give evidence on behalf of his Majesty, or of the prosecutor or informer; and, having given evidence, he or she is indemnified against any prosecution for the matter to which such evidence relates.

8

| Hutcheson, iii. 7, $ 7. 4 Ibid.

5 lbid.