against body thereon. file a common appearance in any action to be brought for any debt whatsoever, so as to entitle such plaintiff to proceed to judgment and outlawry, and to have execution hereupon, other than against the body of him so listed. 57 Geo.3.c. 13. The 57 Geo. 3. c. 13. U. K. is the last act for the regulating of his majesty's royal marine forces on shore; and contains provisions, with respect to them, similar to those of the 57 Geo. 3. c. 35. supra. U. K. Marine forces on shore. Where pardon is granted to any person sen court mar C. B. or Exc. on notification of it by secretary of state. 56 Geo. .3. c. U. K. P. 385. last line. The 56 Geo. 3. c. 5. U. K, recites, that certain provisions of the 24 Geo. 3. st. 2. c. 56. Eng. relattenced to death ing to the transportation of offenders convicted at sessions of by naval oyer and terminer and gaol delivery, were extended by the tial, on condi- 37 Geo. 3. c. 140. to the transportation and imprisontion of transportation, &c. ment of persons capitally convicted before courts martial, such pardon allowed by any but to whom his majesty should grant a pardon on con. judge of K. B. dition of transportation, or of imprisonment, or being kept to hard labour; and that by the 55 Geo. 3. c. 156. the 24 Geo. 3. st. 2. c. 56. was repealed; and that doubts 5. had arisen whether the 55 Geo. 3. c. 156. had not in part repealed the 37 Geo. 3. c. 140: for removal whereof, and to enlarge and extend the provisions of the 37 Geo. 3. c. 140. this statute enacts, that whenever his majesty shall extend mercy to any offender liable to death by the sentence of a naval court martial, on condition of transportation, or imprisonment, or of being kept to hard labour, for life, or for any term, of years, it shall be lawful, on a communication of the intention of his majesty from the lords commissioners of the admiralty, or any 3 or more of them, for one of the principal secretaries of state to notify to any justice of the king's bench or common pleas, or baron of the exchequer of the degree of the coif, such intention of mercy; whereupon such justice, &c. shal! allow the benefit of such conditional pardon as shall be expressed in such notification, as if such conditional pardon had passed the great seal; and the said justice, &c. and all other persons are to do all acts for the carrying into effect the punishment mentioned in such pardon, as required by the said acts of the 37 Geo. 3. c. 140 and 55 Geo. 3. c. 156. or by any other act in force at the time of granting such pardon, for carrying into execution any sentence of trans portation 1 s. 2. may be removed gaol, &c. by portation or imprisonment, or to be kept to hard labour, passed at any court of oyer and terminer, &c. in the united kingdom; and every sheriff, gaoler, &c. and all constables and other persons, shall be bound to obey such orders and be assistant in the execution thereof, and be liable to the same punishment for neglect, disobedience or interruption of the same, as if the offender had been convicted by any court of oyer and terminer, &c. and such order made in pursuance of such conviction. And by s. 2. it shall be lawful for his majesty to cause any offender who Persons in confinement under may be in prison or confinement after or under any sensentence of tence of a naval court martial, or after any such condi- court martial tional pardon, to be removed from the place of confine- to any public ment in which he may be, to such other proper prison, warrant of sebeing a public gaol, prison, hulk, penitentiary-house, or cretary of state. house of correction, within the united kingdom, as to his majesty may seem expedient; and any one of the principal secretaries of state may issue a warrant or other instrument under his hand for such removal, and for carrying into execution such part of such sentence as may reinain unsatisfied, or for which the pardon may not have been granted; and every sheriff, &c. shall obey the said warrant, &c. (as in sect. 1.) *By s. 4. if any person being in prison or confinement under any such sentence, or by Such prisoners, virtue of any such warrant, &c. shall become insane, and shall be certified by 2 physicians or surgeons to be insane, any lunatic it shall be lawful for one of the said secretaries of state to during term of direct, by his warrant, &c. the removal of such person to such lunatic asylum, or other proper receptacle for insane persons, in the united kingdom, as he may judge proper, for the unexpired term of any such sentence, &c.; and if any such person should be in the same manner certified to be of sound mind, the said secretary of state may issue a similar warrant, &c. for his being removed to such prison or place of confinement as he may deem expedient. s. 4. if insane, may be removed to asylum, &c. sentence. * This act (s. 3.) provides for applying the pay of such offenders to their subsistence in prison. Statutes in England and Scotland em 53 Geo. 3. c.40. G. B. ders annulled. Of Master and Servant. P. 389. l. 33. The 53 Geo. 3. c. 40. G. B. recites the 5 Eliz. c 4. Eng, and 1 Jac. 1. c. 6. Eng. as also an act powering magis- passed in Scotland in the 22d parliament of king James the trates to fix wa- first in England, and the sixth of Scotland; and another ges repealed. act passed in Scotland in the first parliament of king Charles the second; and enacts, that so much of the said recited acts, or of any other act of parliament in force in Scotland, as authorizes any justices of peace, or magistrates of cities and burghs, to rate wages, or fix prices of work for artificers, labourers, and craftsmen, shall be repealed; and all orders heretofore made by any justices, &c. in England or Scotland, under the authority of any of the said recited acts, for or in relation to the rating All former or any wages, or settling or fixing any prices of work to be done by any artificers, labourers, or craftsmen, or servants, are hereby declared to be void. And the 54 Geo. 3. c. 116. I. recites the 2 Geo. 1. c. 17. Ir. 3 Geo. 2. c. 14, 54 Geo.3.c.116. Ir. 25 Geo. 2. c. 8. Ir. 29 Geo. 2. c. 8. Ir, and 5 Geo. 3. c. 15. Ir. and enacts, that from one month after the Ireland relating passing of this act (23d. July, 1814,) so much of the said to wages of ser- acts as relates to the payment of wages due to servants, vants, &c. reartificers, and labourers, shall be repealed, save so far as relates to any proceedings that may have been com menced under the said acts, or any of them, before the period aforesaid: And by s. 2. the provisions herein-after This act when contained shall take effect from the time of the repeal of said former acts. By s. 3. for the more easy recovery of which shall remain due after the commencement of wages this act, or which shall become due to any labourer, artificer, or servant in Ireland, whose demand shall not exceed for non-pay- £6. it shall be lawful for any justice of peace, of the county in Ireland where the person or persons, or any of them, alleged to owe the same shall reside, and for every chief magistrate of any city or town corporate in Ireland, I. pealed. s. 2. to commence. s. 3, One justice, &c. empowered to hear complaints of servants, &c. ment of wages, within his jurisdiction, and they are hereby required, upon the complaint of any such labourer, &c. that he or she hath been refused payment of or cannot receive his or her wages, to issue his summons in writing to such person, &c. (not being a peer or peeress,) to appear before him; in which summons the sum demanded, and also the place and time for such person's appearance, shall be expressed; and upon such person appearing, or in case of neglect or refusal to appear, according to such summons, then upon proof on oath that said summons was delivered to the said person or persons, or any of them, or to his, her, or their son, daughter, or menial servant, of the age of 16 years or upwards, at such person's usual place of abode, such justice, &c. may proceed to the hearing, &c. of said demand, as well by examining the witness or witnesses upon oath, as by all other legal ways, and if necessary, by examination of the party complaining or complained against, on their respective oaths, and adjudge whether any thing, and how much, shall be paid to such servant, &c.; and if such person or persons shall not pay the sum which such justice, &c. shall so adjudge to be due, either immediately, or within such time as said justice, &c. shall direct, not exceeding 10 days, then such justice, &c. Master to pay sum adjudged shall, at the instance of such servant, &c. by warrant di- within 10 days. rected to any constable of such county, &c. levy so much as shall be so adjudged, by distress, &c.: provided that if reasonable excuse on oath, for the non-attendance of any person so summoned, shall be made to the satisfaction of such justice, &c. then it shall be lawful for such justice, ing. &c. to postpone the hearing of such complaint to such further time, and to such place, as he shall think proper, and to issue a new summons accordingly. By s. 4. all persons not being artificers or servants, who shall be em- Term labourer" defined. ployed to do any species of work or labour for hire, shall be deemed to be labourers within the meaning of this act. And by s. 5. whenever it shall appear to such justice, &c. that such servant, &c. has been or is likely to be detained from his or her home or usual place of residence, by the non-payment of any wages so adjudged, then it shall be lawful for such justice, &c. to order that there be Justice may postpone hear. s. 4. Justice may award compen paid to such servant, &c. not only the sum so due for wages, sation for loss of but also such further sum for the time during which such time in recover- servant, &c. shall have been there so detained, as such ing wages. justice, &c. shall think reasonable, having regard to the length of such detention, the diligence or remissness of either party, the usual wages of such servant, &c. and the wages which, within the time of such detention, such . servant, &c. did earn, or under all the circumstances of the case might have earned; and also a reasonable sum by the day, to be estimated in like manner, until such wages shall be recovered as aforesaid, or otherwise paid; so as such additional sum do not exceed £2. Provided (s. 6.) Appeal to quar- that either party may appeal to the next quarter sessions for the county, &c. where such order shall be made; which quarter sessions shall finally determine the same, and have power to award such costs, and also such compensation for such detention aforesaid, as may have taken place subsequent to the order so appealed from, as such court shall adjudge reasonable, not exceeding £10. the same to be levied by distress, &c. s. 6. ter sessions. The clause of 5 Eliz.c. 4. s.31. Eng. which pro exercise trades, who have not served as ap❤ prentices, repealed. 54 Geo 3. c.96. E. & W.. P. 394. l. 1. So much of the 5 Eliz. c. 4. Eng. as enacts, "that it shall not be lawful to any person, to set hibits persons to up, occupy, use, or exercise any craft, mystery, or occupation then used within England or Wales, except he shall have been brought up therein 7 years at least, as an apprentice; nor to set any person on work in such mystery, &c. except he shall have been apprentice as aforesaid, or else having served as an apprentice as aforesaid, shall become a journeyman or hired by the year, upon pain of forfeiting 40s. for every month," is repealed by the 54 Geo. 3. c. 96. E. & W. And this statute also repeals so much of the 5 Eliz. c. 4. as prescribes divers rules and regulations respecting the qualifications of persons entitled to take and become apprentices, and the terms of years for which such apprentices should be bound, and to the mode of binding such apprentices, and as declares all indentures, covenants, promises, and bargains, of and for the having, taking, and keeping of any apprentice otherwise than is ordained by said statute to be void; and enacts that it shall be lawful for any person to Other parts of the act respect ing the qualification and binding of apprentices, &c. repealed. take |