John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

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bujang of such embezzled materials, &c. These Acts are
now of comparatively small consequence. Their chief pro-
visions are here set out.

1 ANNE, c. 2-2 (1702).

*^ An Act for tlie more effectual lireventing the abuses and frauds of jicrsons
employed in the ^corking uj} the woollen, linen, fufttian, cotton and iron
manufactures of this kingdom "

Section 1. — "If any person or persons employed in the working up
the Avoollen, linen, fustian, cotton or iron manufactures Avithin this
kingdom shall imbezzil or purloyn any wefts, thrums, or ends of yarn
or any other materials of ^\o^A, hemp, flax, cotton, or iron, with which
he, she or they, is or shall he entrusted to work u]ion, or shall reel
short or false yarn," he " shall forfeit double the value of the damage
<lone for the use of the poor of the said parish, ^c."'

Section 2. — " Every person or persons buying or receiving any wefts,
thrums or ends of yarn, or any other materials of wool, hemp, ilax,
cotton or iron, and being thereof lawfully convicted in manner as afore-
.said, shall suffer the like penalties and forfeitures as one convicted pur-
suant to this Act for purloining and embezzling of the said materials."

Section 4. — "All wages, demamls, frauds and detaults of hiliourers in
the woollen, linen, fustian, cotton and iron manufactures, for or concern-
ing any work done in the same manufactures, shall and may be heard
and determined l)y any two justices of the peace of the county,
riding, division, city or town corporate where the matter in contro-
versie ;iriseth, &c."



THK KMBEZZLEMENT ACTS. 341

This stiitutf — Cliapti r 18 in inu.st ctlitiniis of the Statutes — was made
perpetual by It Anin-, c. 30. It was repealed in part by 58 Geo. 111. e. 61 ; 1
&, 'J. AVill. l\. e. iJti, .ss. 1 & 2; e.vteiided tu leather by i:i Geo. II. e. 8 ;
repealed as regards England in ease oi' woollen, linen, cotton, ilax, nioliaii-,
and silk nianutaetures, by d & 7 Viet. c. 40, s. 1 ; and last .section repealed
by Statute Law lievision Act, 1867. As to sec. 4, see Employers and Work-
men Act of 1875.



9 GEO. 1. c. 27 (1722— L>aj.

"An Act fur 2^)reventin(j jonrncijmen shocmalcers selliiuj, exduvnijiny, or
pawninij hoots, shoes, slippers, cat leather, or other materials for
making boots, shoes {or slippers, and for better regulating the said
journeymen."

By sectiuii 3, justices may i.-<siie warrants, &c., to search fur leather,
&c., purloined, lUid may cause goods to be restored to owner.s.
Section 4 is repealed by 38 & 39 Vict. c. 8G, s. 17.



12 GEO. I. C. U (1725).

"An Ad to prevent unlavful combination of loorhnen employed in the
uvollen munnfactwes, and for the better payment of their wages."

Part of the Act is repealed by 6 Geo. IV. c. 129, s. 2.

Conspiracy and Protection of Property Act, 1875, sec. 17, sub-sec.
13, repeals so much of section 2 as relates to departing from service,
and (|uitting or returning work before it is finished. Section 2 also
enacts, that "if anyj wool-comber, weaver, servant, or person hired,
retained, or employed in the art or mystery of a wool-comber or weaver,
shall wilfully damnify, spoil or destroy (without the consent of the
owner), any of the goods, wares, or work committed to Ids care or
charge, or wherewith he shall be intrusted," he shall pay double the
value.

Section 3 is repealed, so far as it regulates or relates to the payment
of wages in goods, or by way of truck, by 1 & 2 Will. IV. c. 36, ss, 1 & 2.



See also 22 Geo. II. c. 27 ; 22 Geo. III. c. 40, s. 4 ; 58 Geo. III. c. 51, s. 2 ;
9 Geo. IV. c. 31, s. 1 ; 6 & 7 Vict. c. 40, s. 1 ; Statute Law Revision Act,'



342 'IHK LAW OF 5IASTI;K AKl) SERVANT.



13 GEO. II. c. 8 (178M).

An Act to explain and amend an Act made in the first year of the revjn f>f
her late Alajc-^tii Queen Amie, intittded an Act for the more effectual
jjreventing the ahiscs and frauds of persons employed in the u-orhin<j u]i
the u-oollen, linen, fustian, cotton and iron manufactures of tliis kivfj-
dom ; and for cxtendinrj the said Act to the manufactures of leather."

Section 1 extends 1 Anne, c. 22, s. 1, to "any ])ers(in or persnns who
shall be hired or employed in the working iij) of any woolk'n, linen,
fustian, cotton or iron manufactures," and -who shall " jiurloin, imlu-zzil,
secrete, sell, ])awn, exchange, or otherwise illegally dispose of any of the-
materials with Avhich he, she, or tliej' shall be respectively entrusted tu
work up such woollen, linen, fustian, cotton or iron manufactures,
whether the same or any part thereof be or be not first wrought, made
up or mannfactui'ed, or shall reel shoit or false yarn," such pei'son or
persons are to forfeit double value or be sent to the House of Correction,
and for a second oll'ence to forfeit four times the vahie.

Section 6. " To jirevent oppression of the labourers and workmen em-
ployed in any respect in or about making or manufactuiing of gloves,
breeches, boots, shoes, slippers, wares or goods of that sort befoie men-
tioned," . . . " all goods and materials delivered out to be wrought
up in the manufacture last-mentioned shall be delivered with a declara-
tion at the same time of the true weight, quantity or tale thereof, on
pain that every offender shall forfeit and pay to such labourer, manufac-
turer or worker, double the v.alue of what shall lie due for such work
by him, her (jr them done and jteiformed, &c."'

Eepcalpfl as to iiayniciit of foit'eitures, o8 Gen. III. c. 51, s. 2 ; so i'ar as
relates to ])a}'iiicntH of wages in goods hy 1 k 2 Will. IV. c '3ti, ss. 1 ^: 2 ;
f-xcept as to Scotland and Inlaiul, in regard to woollen, linen, cotton, iiax,
mohair and silk nianul'actuies liy & 7 Vict. c. 40, .s. 1 ; as to t>s. 7 & 8 by
38 &. 39 Vict. c. Sti, s. 17.



15 (;E0. II. c. 27 (1741 — 4i>).

^^ Alt Act for the more effecluul ^-nantiitfj amj cloth or woollot goods
rtmaining iqion the rack or ttniirs, or any woollen yam or xcool Ujt
out to dry, from being stolen or taLin avag in the night time."

Section 1 empowers one or more Justices to issue search-warrant for
cloth stolen off tenters.



TIIK ICMBKZZLEMKNT ACTS. .'M3



22 HEO. IJ. C. 27 (174;i).

An Ad for the more effectual freccntiiuj of frauds and ahusea comviitfed hij
persons em^jloyed in the mamtfadure of hats, and in the icoolkn,
linnen, fustian, cotton, iron, leather, furr, hemp, flax, mohair and silk
manufadures ; and for preventing unlauful combinations of journeij-
»7ieH (llUrs, and journeymen hotpressers, and of all persons employed in
the said several manufactures^ and for the better imymenf of their
wages (a).

Section 1 recik'S clauses in 13 (ioo. II. v. 8 ; and i)iuceeds to extend
and amend the same by enacting that " if any person or persons Avliatscj-
ever, who sliall be hired or em^jloyed to make any felt or hat, or to pre-
pare or work up any woollen, linnen, fustian, cotton, iron, leather, furr,
hemp, flax, mohair, or silk manufactures, or any manufactures made up
of wooll, furr, hemp, flax, cotton, mohair, or silk, or of any of the said
materials mixed one with another, shall Irom and after the twenty-
fourth day of June, one thousand seven hundred and forty -nine, purloin,
imbezil, secrete, sell, pawn, i'xchanye, or otherwise unlawfully dis-
pose of any of the materials with which he, she, or they shall be resjjec-
tively intrusted, whether the same or any part thereof be or he nut tirst
wrought, made Tip, manuiactured, (jr converted into merchant^ible
wares, or shall reel false or short yarn (b), and shall be thereof lawfully
convicted, by the oath or (if the owner thereof be of the people called
Quakers) solemn affirmation of the owner of such goods or materials, or
by the oath or affirmation of any other credible witness or witnesses, or
by the confession of the person or persons charged with such offence,
before any one or more (r) justice or justices of the peace of the county,
liding, division, city, liberty, town or place where such offence shall be
committed, or where the person or persons so charged shall reside or
inhabit (which oath or affirmation the said justice or justices is and are
hereby empowered and required to administer), it shall and may be
lawful to aiul for the said justice or justices, by warrant under his or
their hand and seal or hands and seals, to commit the person or persons
so convicted to the House of Correction, or other public prison of such
county, riding, division, city, liberty, town or j>lace, there to be kept
to hard labour for the space of fourteen days, and also to order the

(a) liy 6 & 7 Vict. c. 40, so III. c. ol, s. 2.
much of the above Act as relates to {b) Repealed as to reeling short

the woollen, linen, cotton, flax, yarn by 14 Geo. III. c. 44.
mohair, and silk manufactures, is (c) 17 Geo. III. c. 56, s. 2, siibsti-



repealcd. Repealed as to penalties by
17 Geo. III. c. ot), s. 16, and 58 Geo,



tutes " two or more.



344 THE LAW OF MASTER AND SERVANT.

i:erson or persons SO convicted to be once publicly ^vhipped (</) at the
market place, or some other public place of the city, town or place
wlu-re such oH'ender or otl'enders shall be respectively committed ; and
in case of a further conviction, in manner before prescribed by this Act,
for or upon a second or other subsei|uent ottence of the same kind, it
shall and may be lawful to and for the justice or justices, before whom
such conviction shall be had, to commit the person or persons so again
ottVudinu to the House of Correction, or other jjublic prison as afore-
said, there to be ke])t to luud labour for any time not exceeding three
months, nor less than one month ; and also to order the person or ])er-
sons so again offending to be imblicly whipped (d) at the market place,
or some other public place of the city, town or place Avhere such
offender or offenders shall be respectively committed, twice or oftener,
as to such justice or justices shall appear reasonable ; anything in the
said Act of the first year of her said late Majesty's reign, or in the said
in part recited Act of the thirteenth year of his present Llajesty's reign,
to the contrary in anywise notwithstanding."

Section 2. " That if any person or persons shall buy, receive, accept, or
take, by way of gift, pawn, pledge, sale, or exchange, or in any other
manner whatsoever, of or from any person or persons hii'ed or eiujiloyed
to make any felt or hat, or to prepare or work up the woollen, linen,
fustian, cotton, iron, leather, furr, hemp, flax, mohair, or silk manu-
factures, or any manufactures made up of wooll, fiur, hemp, flax,
cotton, mohair, or silk, or of any of the said materials mixed one with
another, any thrums or ends of yarn, or any other materials of wooll,
furr, hemp, ilax, cotton or iron, or any leather, mohair, or silk, whether
the same or any part thereof be or be not hi'st wrought, made up, or
manufactured, knowing the ])erson or persons of whom he, she, or they
so l)uy, receive, accept or take the said materials, to be so hired or em-
ployed as aforesaid, and not having first obtained the consent of the
j)erson or persons so hiring or emjiloying him, her, or them, who shall
offer to sell, pawn, pledge, exchange, or otherwise dispose of the said
materials, or shall buy, receive, accept, or take, in any lUiinner whatso-
ever, of or fi-om any other person or persons whomsoever, any of the
said materials, whether the same be or be not first wrought, made uji, or
manufactured, knowing the same to lie so jiurloined or imbe/.zilled," &c.

Such person being convicted shall forfeit a sum of twenty pounds (c)
for the first offence, and on non-payment bi- committed to the House of
Correction or other public prison for fourteen days, and shall for every
second or subsecjuent offence forfeit the sum of forty pounds.

Section 7. "That if any person or persons entrusted with any of the

(d) RcpcaliHl as to pnnishuieiit and " tlic jaMiulty for the fir.st oH'i'iice

penalties, 17 Ueo. HI. c. 56, s. 1 and sliall he any sum not more than forty

8. 16. See also 1 Geo. IV. c. 57. pound.s, nor less than twenty pounds.'

(fl) By .sec. 3 of 17 Geo. III. c. 56, But sec 38 k 39 Vict. c. 86, s. 8.



THE EMBEZZLEMENT ACTS. 345

maU'iiiils hereinbefore mentioned, in order to prepare, workup or manu-
facture tile same, shall not use all such materials in tlie pre])aring,
■working' up, or manufacturing of the same, and shall neglect or delay,
for the space of twenty-one days (/) after such materials shall be ])repared,
worked U]), or manufactured, to return (if re(|uiied by the owner or
owners of such materials so to do) so much of the said materials as shall
not be used as aforesaid to the person or jjersons entrusting him, her, or
them therewith, such neglect or delay shall be deemed and adjudged to
be an imbezzling or purloining of such materials ; and the person or
persons so neglecting or delaying, being thereof convicted, in manner
before ])rescril)ed for the conviction of offenders against this Act, shall
suffer the like punishment as persons convicted of imbezzling or ])ur-
loining any of the materials hei'einbefore mentioned, are l)y this Act
I'endered subject and liable to."

Section 12 recites 12 Geo. I. c. 34, and enacts that," all the provisions,
regulations, pains, penalties, and forfeitures therein contained, shall,
from and after the said twenty-fourtli day of June one thousand seven
hundred and forty -nine, extend, and be construed, deemed, and adjudged
to extend, to journeymen dyers, journeymen hot pressers, and all other
persons whatsoever employed in or about any of the woollen manufactures
of this kingdom, and also to journeymen, servants, workmen, aud
labourers, and all other persons whatsoever em])loyed in the making of
felts or hats, or in or about any of the manufactures of silk, mohair, furr,
hemp, ilax, linnen, cotton, fustian, iron or leather, or in or about any
of the manufactures made up of wooll, furi, hemp, Ilax, cotton, niohaii'
or silk, or of any of the said materials mixed one with another, in as full
and ample manner as the said provisions, regulations, pains, penalties,
and forfeitures are by the said last mentioned Act declared to extend to
the several and respective persons therein named " (r/).



27 GEO. II. c. 7 (17.-i3— 4).

An Act for the more effectual in-eventinfj of frauds and abuses committed by
persons em/ployed in the manufacture of clocks and watdies.

Section 1. " That if any person or persons whatsoever, who shall
be hired or employed by any j)erson or persons practising the trade or
trades of clock-making or watch-making, or any part or branch, or parts

(/) 17 Geo. III. c. 56, s. 7 substi- {g) But see 6 Geo. IV. c. 129, s. 2,

tuted eight days ; see also 9 Geo. IV. and 9 Geo. IV. e. 31, s. 1.
c. 31, s. 1.



046 THE L\^\ of mas'J'kr akd servant.

or lirauclu's of siicli trade or trades, lo make, finish, alter, repair, or clean
any clock or clocks, Avatcli or watches, or any part or parts of a clock or
clocks, -watch or watches, or be intrusted by any person or persons prac-
tising the said trade or trades, with any gold, silver, or other metal or
material, to be or that shall be in the whole or in part wrought or
manufactured for any part or parts of a clock or clocks, watch or Avatches,
or any diamond or other precious stone, to be or that shall be set or
fixed in or about any clock or clocks, watch or watches, shall, after the
first day of :\Iay, one thousand seven hundred and fifty-four, purloin, em-
bezzle, secrete, sell, pawn, or exchange, or otherwise unlaw fully dispose of
any clock orwatch, or any part or parts of any clock or watch, or any gold,
silver, or other metal ov material, or any part thereof, or any diamond
or other precious stone, Avith which such person or persons shall be
intrusted by any person or persons practising the said trade nr trailes,
or any part or branch, or parts or branches of such trade or trades, ami
shall be thereof convicted by the oath of the owner of such goods, or
by the oath of any other credible witness or witnesses, or by the con-
fession of the person or persons charged with such offence, before any
one or more justice or justices of the peace of the county, riding,
<livision, city, liberty, town, or place where such oifence shall be
committed, or where the person or persons so charged shall reside or
inhabit (which oath the said justice or justices is and are hereby em-
powered and required to administer) ; every such offender shall, for the
first ofl'ence, forfeit twenty pounds, &c."

Section 2 : "That if any person or ])ersons shall buy, receive, accept,
or take by way of gift, pawn, pledge, sale, or exchange, or in any other
manner whatsoever, of or from any jierson or persons whomsoever, any
clock or Avatch, or any part or parts of a clock or Avatch, or any gold,
silver, or other metal or material, as aforesaid, Avhether the same or any
part thereof, be or be not Avrought oi' manufactured, or any diamond
or other precious stone, Avhich shall have been intrusted Avith any
person or persons hired or employed as aforesaid by any person or
persons practising the said trade or trades, he, she, or they so buying,
receiving, accepting, or taking any such goods, materials, or elfects,
knowing the same to be so ])Uidoined or imbezzled, being thereof
lawfully convicted in mannei' before jii'escribed for the conviction of
]iersuns })Urloining or embezzling the said goods, materials, or etfects,
i^liall, for the first ofience, J'oifeit twenty [lounds, >S:c.''



TIIK KMREZZLEMENT ACTS. 34-7



U GEO. III. ('. 2.-) (1774).

All Act fur the iaorccJ[)'cctiud inxvcntiiKj frauds and emhe::deiiient hj persona
employed in the woollen 'inanufactunj.

Section 1. " Tliat if any ])ickc'i', scribljlei', spinnei-, ui" weaver oi-
other jierson or persons wliatsoever who sliall be in any^vays ciuployeil
in or about tlic making or manufacturing of woollen cloth, or in pre-
]iaring materials for that purjjose, shall not return all working tools
ov implements, w-ool, yarn, chain, woof or abb delivered out to be
worked up and manufactured and all such materials as aforesaid where-
■with he. she, ov they shall be entrusted, or give a satisiactory account
touching the same respectively to his, her, or their employer, when
thereunto required by the person or persons by whom he, she, or they
shall liave been so intrusted, or Ityhis, her, or their known clerk or servant,
or shall fraudulently steam, dam]i, or water the wool or yarn delivered
to him, her, or them to be worked u]), or if any person or persons shall
take off, cut, or pick out the list, forrel, or other mark of any piece of
(doth, and shall be convicted of any such offence before some justice or
justices of the peace for the county, division, liberty, or place where the
person or ])ersons so offending shall reside, either by the confession of the
party or parties or by the oath or cmtlis of one or more credible witness
or witnesses, every suidi person so convicted shall be committed to the
House of Correction for the space of one calendar month."

Section 2. " That if any person or persons so employed, and who
shall have been entrusted wdth any tools, implements, ■\vo(j1, yarn,
chain, woof or abb, or other materials as aforesaid, shall not have
delivered or accounted for the same, shall abscond or cannot be found,
or shall sell or otherwise dispose of the same or any part thereof ; or if
any person or persons shall fraudulently buy or receive such tools,
implements or materials of any person so employed or entrusted ; or if
any person or persons shall be suspected of and charged on such suspicion
with having embezzled and kept back, by means of fraudulently damj)-
ing, steaming or watering the wool and yarn delivered out to him, her,
or them ; or with having sold, liought or otherwise I'eceived the same or
any iiart thereof, as aforesaid, and oath shall be made thereof respec-
tively before one of his ]\Iajesty?s justices of the peace for the county,
division, liberty or place where any such offence was committed ; such
justice shall thereupon issue his warnmt to any constable or constables
or other peace otiicer or peace officers to enter into and search, in the
daytime, the place of dwelling or residence of such person or persons so
offending, antl also such other house or place, houses or places, of which
the clothier, clerk, or servant as aforesaid shall make oath that he, she,
or they have just cause to suspect, it appearing to the said justice to be



348 THE LAW OF PIASTER AND SERVANT.

reasonable suspicion, that the saitl working tools, or the said materials,
or some part or parts thereof, to have been embezzled or kept back, sold,
bought or received as aforesaid, may be secreted and lodged : and if upon
search any of the said working tools, wool, yarn, chain, woof or abb, or any
cloth with the list forrel, or other marks taken olf, cut or picked out, shall
be found, the said constable or constables, peace officer or peace officers
shall seize the same, and apprehend the person or persons in whose
custody or possession the same shall be found and bring him, her, or
them before the same or some other of his Majesty's justices of the peace
for the coimty, division, liberty or place aioresaid ; and unless such
person or persons in whose custody the same shall be found can give a
good accoiuit how he, she, or they came by the same, to the satisfaction
of such justice or justices, tlien and in such case such person orpei-sons
shall be thereof convicted, and suffer such iiunishment as is herein-before
directed to be inflicted on persons not returning the tools or materials as
aforesaid ; and all such tools, wool, yarn, chain, woof or abl>, or such
cloth as aforesaid, so seized, and not accounted for as aforesaid, shall,
upon such conviction, be delivered over to the churchwardens or over-
seers of tlie poor of the i)arish where the same were seized, to be by them
sold ; and the monies arising by such sale, after defraying the expenses of
such sale, shall be applied to the use of the poor of the said parish."

Section 4 enacts that any justice, upon information made, may cause
houses to be searched for ends of cloth, (S:c., antl the same if foimd to be
seized, and ])arties brought before justice.



17 (iEO. III. c. 11 (177(;— 7).

An Ad for more effectually ^i'reventing frauds and abuses covtmitted %
persons employed in the vianufadinrs of combing u-ool, tcorsted yarn
and (joods made from worsted, in the counties of York, Lancasttr, and
Chester.

Section 1 recites Acts 22 Geo. II. c. 27 ; 14 Geo. III. c. 44 ; and
15 Geo. III. c. 14, and, stating that " the good purposes of the said laws
have been greatly frustrated," provides for a general meeting of manu-
facturers of Yorkshire, Laiicasliire, and Cheshire ; those of Yorkshire to
elect eighteen, and tliose of Lanca-sliire and Cheshire nine i)ersons, to
be a committee. Committee to appoint inspectors. See 24 & 2J Vict.
c. 101.



THE EMBEZZLEMENT ACTF!. .'^40



17 GEO. ni. c. r>C, (1777).

All Ad for amending and renderintj more effectual the several lairs vow in
being, for the more effectual preventinri of frauds and abuses bij j^ersons
employed, in the manufacture of hats, and in the vmollen, linen,

fustian, cotton, iron, leatlier, fur, hemp, flax, mohair, and, silk
manitfactures ; and also for maJcing provisions to prevent fravxls by

journeymen dyers (/).

Section 3 recites section 2 of Act of 23 Geo. II., and substitutes a
penalty of not more than forty pounds, nor less than twenty pounds.

Section 5. " If any person shall sell, pawn, pledge, exchange or other-
wise unlawfully dispose of, or offer to sell, pawn, pledge, exchange,
or otherwise unlawfully dispose of, any such materials as aforesaid,
whether wrought or un\\Tought, mixed or unmixed, knowing tliem to
have been purloined or embezzled, every such person lawfully convicted
shall be liable to the same punishment as he or she wouLl be liable to
by virtue of this Act, on being convicted of receiving purloined or
embezzled materials, knowing tlu-m to have been purloined or em-
bezzled."

Section 6. " When any person or persons shall be brought or charged
upon oath before any two or more justices of the peace, by virtue of
this Act, with being suspected of, or with having purloined or em-
bezzled, or with having received any such materials as aforesaid,
whether the same be wrought or unwrought, mixed or unmixed, know-
ing the same to have been either purloined or embezzled, or received



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 36 of 77)