Oke's Synop. 2nd ed. p. 174.

Id. Offence 56.

the part of the said C. D., that he was not under the age of ten years;
and that the said A. B. did, on the
day of last, at the parish of
aforesaid, wilfully misrepresent the age of the said T. B. to the said
C. D., by then and there falsely representing to him that the said T. B.
was ten years of age on the
day of
the said A. B. then and
there well knowing, as the fact was, that the said T. B. was then under
the age of ten years, to wit, of the age of nine years, contrary, &c.

29. Paying Wages at Public House. (Id. ss. 10, 12.)]—then being the owner of

[or being then and there employed and entrusted to pay certain wages in respect of work and labour done in and about] a certain mine [or colliery] there situate, called did then and there pay to one E. F., at a certain licensed public house [or beershop] there situate, known by the sign of the certain money, to wit, the sum of as and for wages in respect of work and labour done by the said E. F. in and about the said mine [or colliery], contrary, &c.

N.B. The Conviction for the offences described in the Forms No. 25-29, supra, will be in the General Form No 39 (I. 1), ante, p. 38, enforced by Distress Warrant, &c. No. 53-58, ante, pp. 50-52.

Oke's Synop.

2nd ed. p. 174. Offence 1.

(From 5 Burn's

Jus. 29th ed. p. 928, &c.)

Id. p. 176.
Offences 2, 3,

MASTER AND SERVANT.

I. As to False Characters of Servants.

II. As to Misbehaviour by Servants in Husbandry, &c. and Masters.

I. AS TO FALSE CHARACTERS OF SERVANTS.

1. Personating Master, and giving False Character of a Servant. (32 Geo. 3, c. 56, s. 1.)]—that on &c., at &c., one E. F. having offered himself to be hired as a servant into the service of [the said] C. D., A. B., of, &c., did then and there falsely personate one F. G., the late [master] of the said E. F., and did then and there personally [or in writing] give the said C. D. a false and counterfeit character of the said E. F., contrary, &c.

2. Falsely asserting that a Servant was in a particular Service, &c. (Id. s. 2.)]—that A. B., of &c, on &c., at &c., did knowingly and wilfully pretend [or did falsely assert to the said C. D. in writing] that one E. F. had been hired and retained by him the said A. B. as a servant, whereas in truth and in fact the said E. F. was never hired or retained by him the said A. B. as a servant;

[or that one E. F. had been hired and retained by him the said A. B.
as a servant, and had served him the said A. B. for the space of
years; whereas in truth and in fact the said E. F. had
been retained by and had served the said A. B. as such servant
as aforesaid for the space of [one year and two months] only];
[or that one E. F. had been hired and retained by the said A. B.
in the situation and capacity of a [footman], and had served
him the said A. B. as a [footman] as aforesaid, whereas
in truth and in fact the said E. F. never was hired or retained
by him the said A. B. in the situation or capacity of a [footman],
or served him the said A. B. as a [footman], but was hired and
retained by and served the said A. B. in the capacity of a
[labourer] only],

contrary to the form, &c.

3. Falsely asserting that the Servant was discharged, or that he had not been hired in a previous Service. (Id. s. 3.)]—that A. B., of &c., on &c., at &c., did knowingly and wilfully pretend [or did falsely assert to the said C. D. in writing] that one E. F., formerly a servant of the said A. B., was discharged by the said A. B., and had left his service on, &c., whereas in truth and in fact the said E. F. was discharged by and had left the service of the said A. B. on, &c. [some other day],

[or that one E. F. had not been hired or employed in any previous service; whereas in truth and in fact the said A. B. then well knew that the said E. F. had previously been hired and employed in the service of one G. H.; and whereas in truth and in fact the said E. F. had previously been so hired and employed in the service of the said G. H.],

contrary, &c.

Oke's Synop. 2nd ed. p. 176. Offences 4, 5.

4. Servant offering himself with a false Certificate of Character. (Id. Offences 6, 7, 8. s. 4.)]-that A. B., of &c., on &c., at &c., did offer himself as a servant to the said C. D., he the said A. B. then and there asserting and pretending to the said C. D. that he had served in the service of one G. H., whereas in truth and in fact he had never actually served in the service of the said G. H.

[or from the asterisk*, with a false, forged and counterfeited cer

tificate of character, purporting to be the certificate of one
G. H., and stating that, &c.; whereas in truth and in fact the
same was not the certificate of the said G. H., and whereas in
truth and in fact the said E. F. had never actually served in
the service of the said G. H. [or as the case may be, negativing
the statement in the character],

[or that A. B., of &c., on &c., at &c., then lately having been in
the service of one G. H. as a servant, and having received
from the said G. H. a certficate of his character, did add to
[alter in, efface or erase from] the said certificate the following
[words, date, &c.], that is to say [set out the alterations], [and
did offer himself as a servant to the said C. D. with such certi-
ficate of character],

contrary, &c.

5. Pretending not to have been in Service. (Id. s. 5.)]—that A. B., of Id. Offence 9. &c., on &c., at &c., having theretofore been hired and retained in the service of one G. H. as a servant, did, when offering to hire himself to the said C. D. as a servant, falsely and wilfully pretend not to have been hired or retained in such service as a servant, whereas in truth and in fact the said A. B. was previously hired and retained in the service of the said G. H. as a servant, contrary, &c.

N.B. The Conviction for the offences described in the above Forms
No. 1-5 will be in the General Form No. 40 (I. 2), ante,
p. 39, enforced by the Commitment No. 52 (0.1), ante, p. 49.

II. AS TO MISBEHAVIOUR BY SERVANTS IN HUSBANDRY, &C., AND

MASTERS (a).

6. Servants Misbehaving, &c. (20 Geo. 2, c. 19, s. 2; 31 Geo. 2, Id. p. 262. c. 11, s. 2.)]—being then and there a labourer employed by [the said] Offence 1.

(a) It must here be noticed, that in the second edition of "The Magisterial Synopsis" the offences for which the Forms are here given were supposed not to

Oke's Synop. 2nd ed. p. 262.

Id. Offence 2.

C. D., the complainant, at the parish of

aforesaid (wherein the said

C. D. doth inhabit), in the capacity of a servant in husbandry,

[or artificer, handicraftsman, miner, collier, keelman, pitman, glass

man, or potter],

was then and there in his said service guilty of a certain misdemeanor [or miscarriage, or ill behaviour] by then and there [here describe it], contrary, &c,

N.B. The Conviction will be in the General Form No. 41 (I. 3), ante, p. 39, adding the adjudication of corporal punishment. (14 East, 605), after the term of imprisonment, as "there to be corrected and whipped [once] during the said imprisonment. The Commitment, &c. will be No. 48-51, ante, pp. 46-48.

7. Conviction and Abatement of Part of Wages for Misbehaviour in lieu of Imprisonment. (Id.)]-Proceed as in the General Form of Conviction No. 41 (1.3), ante, p. 39, reciting the adjudication of abatement of wages thus, instead of adjudication of imprisonment and costs :-I do therefore adjudge the said A. B. for his said offence to be punished by abating the —, being the whole [or a part] of the wages due to the said A. B. for his said service, according to the form of the statute in such case made and provided. Given, &c.

sum of

8. Conviction and Discharge of Servant for Misbehaviour in lieu of Imprisonment (b). (Id.)]- Proceed as directed for the conviction and abatement, No. 7, supra, then :-I do therefore adjudge the said A. B. to be discharged from his said service and employment, according to the form of the statute in such case made and provided. Given, &c.

9. Servant not commencing Service under written Contract.
c. 34, s. 3.)]-that A. B., of &c., did on the
parish of in the said [county] of

at the

(4 Geo. 4, day of --, contract with [the said] C.D., the complainant, to serve him in the capacity and employment of a servant in husbandry,

[or artificer, calico printer, handicraftsman, miner, collier, keelman, pitman, glassman, or potter],

for the term of - from the

day of

at and for the wages of -*, the said contract being in writing and signed by the said A. B.

be within the operation of Jervis's Act (11 & 12 Vict. c. 43). Vide 12 J. P.
636, 653, 667. Mr. Archbold, however, in his second edition of Jervis's Acts,

P;
137 (note), is of opinion that the statute 4 Geo. 4, c. 34, s. 3, is within the
11 & 12 Vict. c. 43: and so is Mr. Saunders (p. 111 of No. 8, April 2, 1849,)
of "The Magistrate." Mr. Archbold also observes (id. p. 138)," There is a
third class of cases where justices are enabled to make an order, but that order
is not to be enforced by warrant of distress or commitment; such as the order
under the Master and Servants Act, 4 Geo. 4. c. 34, s. 3, already mentioned,
to discharge the servant or to abate his wages; such as the order discharging an
apprentice, under stat. 20 Geo. 2, c. 19, s. 3, and the like. These cases are
evidently within the act so far as the act is applicable to them, that is to say, up
to the making of the order inclusive."

The complaints may be made on behalf of the master by his "steward, manager or agent."

(b) This discharge must be given under the hand and seal of the justice gratis, and it might be by way of recital of the conviction, as in the General Form of Commitment, No. 48, ante, p. 46, omitting the adjudication of the imprisonment and costs; or a duplicate of this "Conviction and Discharge."

and the said C. D., the contracting parties; and that the said A. B. did not at any time enter into or commence his said service according to his said contract, contrary, &c.

10. Having entered upon Contract, absenting or neglecting to fulfil same. (Id.)]-Proceed to the asterisk* in Form No. 9, supra, and then: [or state the time for which hired, if conformable to the fuct, thus :from thence from week to week, until his contract should determine by either party putting an end to the same on Saturday in any week [and if so, add-by either of them giving to the other of them one week's previous notice of his intention so to do]; And that the said A. B. having entered upon such service accordingly,* did afterwards, to wit, on the , at the said parish of [where the said A. B. was then and there employed], without notice, and before the term of his said contract was completed, unlawfully, without the said C. D.'s consent, and without just excuse, absent himself from his said service, and hath from thence neglected to fulfil his said contract, contrary, &c.

day of

11. The like, in another Form. (Adopted in re Walker, 1 Ver. R. 15.)]-that C. D., of &c., did contract with this informant to serve him in the capacity of a collier for an indefinite period, determinable nevertheless on either of the said contracting parties giving to the other of them fourteen days' previous notice of his intention to determine the said contract; and that the said C. D. did enter the service of this informant, and did continue to serve him, this informant, and to be employed by him as a collier under and according to the said contract, at the parish of -, in the said county of so being then and there

in the service of this informant as a collier, until the
day of
instant, and the terms of the said contract being then subsisting and in-
complete, he, the said C. D., did misconduct and misdemean himself in
his said service, to wit, did neglect his work and refuse to go to it on being
requested by this informant so to do, whereby divers other persons em-
ployed in the coal-pit of this informant were prevented proceeding with
their ordinary employment, and this informant sustained great loss and
damage, contrary, &c.

day of

Oke's Synop. 2nd ed. p. 262.

Id. Offence 3.

(Adapted from
S. Stone's
Hand-book,
pp. 73, 74,
2nd edit.)

12. Servant guilty of any other Misconduct. (4 Geo. 4, c. 34, s. 3.)]— Id. Offence 5. Proceed to the second asterisk* in Form No. 10, supra, and then :—was afterwards, to wit, on the at the said parish of (where the said A. B. was then employed by the said C. D.), in the execution of the said contract and otherwise respecting the same, guilty of a certain misconduct [or misdemeanor], in this, to wit, that he the said A. B. did then and there, and before the term of his said contract was completed, unlawfully [here describe the misconduct, &c.], contrary, &c. N.B. The Conviction and abatement of wages for either of the

offences described in Forms Nos. 9-12, will be in the same
instrument and in the General Form No. 41 (I. 3), ante, p. 39,
adding, after the term of imprisonment in the adjudication,
"and that the sum of
shall be abated from the wages of
the said A. B., the same being a proportionable part of his wages
for and during the said time he shall be so confined in the
said house of correction as aforesaid, according to the form of
the statute in such case made and provided." The Commit-
ment, &c. will be Forms No. 48 (P. 1) -51, ante, pp. 46-48,
adapted to the above conviction.

Oke's Synop. 2nd ed. p. 262.

Id. Offences 6,

7.

Id. Offence 8.

13. Conviction and abatement of Wages for Misbehaviour, &c. in lieu of Imprisonment and abatement. (Id.)]—This will be as directed for Form No. 7, ante, p. 158.

14. Conviction and Discharge of Servant from Contract for Misbehaviour, &c. in lieu of Imprisonment and abatement of Wages. (Id.)(c)]— Proceed as directed for the conviction and abatement, No. 7, ante, then :I do therefore adjudge the said A. B. to be discharged from his said contract, service and employment, according to the form of the statute in such case made and provided. Given, &c.

15. Artificer absenting from Service. (6 Geo. 3, c. 25, s. 4.)]-These may be readily framed from Forms Nos. 10 and 12, ante, p. 159. The Conviction will be in the General Form No. 41 (I. 3), ante, p. 39, enforced by the Commitment No. 48 (P. 1), ante, p. 46.

16. Master ill-using, &c. Servant. (20 Geo. 2, c. 19, s. 2; 31 Geo. 2, c. 11, s. 3.)]-that on the day of last, at the parish of in the said [county] of

(wherein A. B., hereinafter mentioned, doth now inhabit), he the said C. D. was hired and employed by A. B., of &c., to serve him the said A. B. in the capacity and employment of a servant in husbandry,

[or artificer, handicraftsman, miner, collier, keelman, pitman, glassman, or potter],

for the term of

wages of
day of

from the

day of

last, at and for the and that he the said C. D. afterwards, to wit, on the at the parish of aforesaid, entered into the said service accordingly, and hath continued therein hitherto; and that the said A. B., his said master, during the continuance of the said service and employment, to wit, on the day of , at the parish of aforesaid, unlawfully did [here describe the misusage, refusal of necessary provisions, cruelty or other illtreatment complained of.]

17. Conviction of Master thereon and Discharge of Servant (c).]— Proceed as in the General Form of Conviction No. 41 (I. 3), ante, p. 39, but instead of the adjudication of imprisonment and costs, say—I adjudge and order, in pursuance of the statute in that case made and provided, that the said C. D., for the said offence of the said A. B. his said master, be discharged, and do hereby discharge the said C. D. from his said service and employment. Given, &c.

MILITARY LAW.

Oke's Synop.

2nd ed. p. 176.

Offences 6, 7.

1. Officer or Soldier forcibly entering a House for Deserters without Justice's Warrant. (Annual Mutiny Act, 12 Vict. c. 10, s. 87.)]-then being an officer [or soldier] in her Majesty's regiment of then and there forcibly enter [or break into]

did

[or give orders to one E. F. to forcibly enter or break into] the dwelling-house of one [or the said] C. D. there situate, under pretence of searching for a deserter, he the said A. B. not having then and there any warrant of a justice of the peace authorizing him so to do, contrary, &c.

(c) Vide note (b), ante, p. 158.