c. 88. By the 11 & 12 Vict. c. 88, s. 4, it is enacted, that 11 & 12 Vict. every officer of the Post Office who shall grant or issue Penalty on any money order with a fraudulent intent shall, in Eng- officers of land and Ireland, be guilty of felony, and in Scotland Post Office of a high crime and offence, and shall, at the discretion money of the Court, either be transported beyond the seas for orders frauthe term of seven years or be imprisoned for any term dulently. not exceeding three years (v). (v) And see sect. 5, as to the indictment. issuing 300 CHAPTER IX. JURISDICTION OF JUSTICES IN DISPUTES BETWEEN MASTERS AND SERVANTS. JURISDICTION OF JUSTICES GENERALLY. By construction of law upon the statute 5 Eliz. c. 4, (which enabled justices to fix the rate of wages), justices of the peace were held (a) to have the power of ordering and enforcing the payment of wages to servants in husbandry. But the statute of Eliz. being found deficient, as it extended only to such wages as should be rated by the justices, and to servants in husbandry (b), and con (a) Reg. v. Gouche, 2 Salk. 441; S. C. 2 Ld. Raym. 820; Shergold v. Holloway, 2 Str. 1002. (b) The jurisdiction of justices in disputes between masters and servants in trades is conferred by various acts of Parliament relating to particular trades, which, for the convenience of reference, have been arranged alpha. betically in a table printed in the Appendix. The principal of those acts (viz. 20 Geo. 2, c. 19; 6 Geo. 3, c. 25; 4 Geo. 4, c. 34; 5 Geo. 4, c. 96) are here given in the text, together with the cases decided upon them, as they are applicable to almost all trades, the operation of the c. 19. between masters and tained no power to admit the servant's oath in evidence, the statute 20 Geo. 2, c. 19, was passed. That act, after 20 Geo. 2, reciting that the laws then in being for the better regulation of servants, and for the payment of wages to them, and to artificers, handicraftsmen, and labourers, were insufficient and defective, enacted (sect. 1), that after the 25th of March, 1747, "all complaints, differences, and Differences disputes which shall happen or arise between masters or mistresses and servants in husbandry, who shall be hired certain serfor one year or longer (c), or which shall happen or arise vants to be between masters or mistresses and artificers (d), handi- determined craftsmen, miners, colliers, keelmen, pitmen (e), glass- of peace men, potters, and other labourers (f) employed for any certain time or in any other manner (g), shall be heard and determined by one or more justice or justices of the peace of the county, riding, city, liberty, town corporate, three first having been extended by 10 Geo. 4, c. 52, to the several manufactures, trades and occupations mentioned in 17 Geo. 3, c. 56, (see Appendix). Most of the other acts will be also found in the Appendix. In proceedings under these statutes the provisions of 11 & 12 Vict. c. 43, "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders," must now be attended to. See Archbold's Jervis's Acts, p. 136, 3rd ed. (c) See note (g), infra. (d) By 6 Geo. 3, c. 25, s. 4, and 4 Geo. 4, c. 34, s. 3, "calico printers" are added. (e) In the Stannaries in Devon and Cornwall, 27 Geo. 2, c. 6, s. 2. (f) In Lowther v. Earl of Radnor, 8 East, 113, a labourer who contracted to dig and stean a well was held within this act. That case, (g) By 31 Geo. 2, c. 11, by a justice where the master re sides. examine servants, &c., upon oath, and make order for wages due or place where such master or mistress shall inhabit (h), (although no rate or assessment of wages has been made that year by the justices of the peace of the shire, riding, or liberty, or by the mayor, bailiffs, or other head officer where such complaints shall be made, or where such Justices to differences or disputes shall arise (i),) which said justice or justices is and are hereby empowered to examine upon oath any such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or other labourer, or any other witness or witnesses, touching any such complaint, difference, or dispute, and to make such order for payment of so much wages to such payment of servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or other labourer, as to such justice or justices shall seem just and reasonable, provided that the sum in question do not exceed ten pounds with regard to any servant, nor five pounds with regard to any artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or labourer; and in case of refusal or non-payment of any sums so ordered by the space of one-and-twenty days (k) next after such determination, such justice and justices shall and may issue forth his or their warrant to levy the same by distress and sale of the goods and chattels of such master or mistress, or person employing such artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or other labourer, rendering the overplus to the owners after payment of the charges of such distress and sale" (1). On non payment to be levied by distress and sale. (h) By 4 Geo. 4, c. 34, s. 3, post, p. 310, the complaint is to be made to "any justice of the peace of the county or place where such servant, &c., shall have so contracted" to serve, "or be employed or be found." And the commitment must shew that the magistrate had jurisdiction. See Johnson v. Reid, 6 M. & W. 124; Lindsay v. Leigh, 11 Q. B. 455; Askew's case, 2 L. M. & P. 429. (i) In Branwell v. Penneck, 7 B & C. 539, Bayley, J., said, "these words imply that the Legislature did not contemplate all labourers, but those only with reference to whom the justices had power to make a rate of wages," under 5 Eliz. c. 4, s. 15. (k) See now 4 Geo. 4, c. 34, s. 5, post, p. 312. (1) In Wiles v. Cooper, 3 A. & E. 524, it was held, that justices had no power under this sect. and 4 Geo. 4, c. 34, and 5 Geo. 4, c. 18, s. 2, to commit the master in default of distress. But that power is now expressly given by 11 & 12 Vict. c. 43, s. 22, under 303 ter's com ment of wages, or 2. That it shall and may be lawful to and for such Justices to justice or justices upon application, on complaint made hear mas upon oath by any master or mistress, or employer (m), plaints on against any such servant, artificer, handicraftsman, miner, oath, collier, keelman, pitman, glassman, potter, or labourer, touching or concerning any misdemeanor, miscarriage, or ill-behaviour in such his or her service or employment (which oath such justice or justices is and are hereby empowered to administer), to hear, examine, and determine the same, and to punish the offender by and to puoffender by commitment to the house of correction, there to remain nish the and be corrected (n) and held to hard labour for a commitreasonable time not exceeding one calendar month, or ment, abateotherwise by abating some part of his or her wages, or by discharging such servant, artificer, handicraftsman, dismission. miner, collier, keelman, pitman, glassman, potter, or labourer from his, her, or their service or employment; and in like manner, also, it shall and may be lawful for such justice or justices, upon any complaint or application upon oath by any such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or other labourer, against such master, mistress, or employer, touching or concerning any misusage, refusal of necessary provision, cruelty, or other ill-treatment of, to, or towards such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or Justices to other labourer, and to summon such master, mistress, or hear seremployer to appear before such justice or justices at a plaints on reasonable time to be prefixed in such summons, and oath, such justice or justices shall and may examine into the matter of such complaint, whether such master, mistress, and to sumor employer shall appear or not, proof being made oath of his or her being duly summoned, and upon proof thereof, made upon oath to his or their satisfaction, to discharge such servant, artificer, handicraftsman, miner, and upon upon (n) Corrected," means whipped, and is a necessary part of the judgment under this act; Rex v. Hoseason, 14 East, 607. See now, however, 4 Geo. 4, c. 34, s. 3, and Wood v. Ferwick, 10 M. & W. 195. vant's com mon the master, &c.; |