John Macdonell.

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

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from some person or persons not entitled to dispose thereof, and it sliall
be made appear upon the oath or (being of the people called Quakers)
upon the attirmation of one or more credible witness or witnesses, to the
satisfaction of such justices, that such person or persons hath or have
purloined or embezzled, or hath or have received any such materials as
aforesaid, knowing the same to have been purloined or embezzled, or
received from some person or persons not entitled to dispose thereof, it
shall and may be lawful for such justices, or for the justices at their
general or general quarter sessions of tlie ]ieace, and tliey are herebv
respectively authorized and empowered (if they shall think fit) to convict
such person or persons of having purloined or embezzled, or of havincj
received such materials as aforesaid, knowing the same to have been
jjurloined or embezzled, or received from some person or persons not
entitled to dispose thereof, although no proof shall be given to whom
such materials belong ; and the person or persons so convicted shall for

(i) By 6 & 7 Vict. c. 40, s. 1, See also 6 Geo. IV. c. 129 ; 1 & 2
repealed as to woollen, linen, cotton, Will. IV. c. 36 ; 34 & 35 Vict. c. 116 •
flax, mohair and silk manufactures. and 38 i^ 39 Vict. c. SC, s. 17.



350 TIIK LAW OF MASTKR AND SERVANT.

every f^udi r>iri'iici-, be subject to surh and the like penalties and inmisji-
meuts, at the disci'etion of such justices respectively, as persons convicted
of buyin,;^' or receivin;^ any such materials as aforesaid, knowing tlie
same to have been purloined or embezzled, ai'c by this Art subject and
liable to " (/,•).

Section 9. " If any person shall receive any of the aforesaid materials
in a fictitious name, in order to be manufactured ; or if any ])erson
shall receive in his or her own name any of the said materials, in
order to be manufactured by himself or herself, and afterwards deliver
the same, or any part thereof, to any other person to be manufactured
(without the consent of the owner thereof) ; or if any carrier or other
person employed to deliver any such materials to any workman, to be
prepared or wrought up, shall designedly deliver the same to any other
person than the person to whom such materials were ordered or intended
to be delivered Ijy the owner thereof ; all and every person and persons
offending in any of the cases aforesaid shall for every such ofl'ence, be
liable to prosecution, in the same manner, and to the same punishment,
as is by this Act directed in respect to persons taking in any of the said
materials in order to work up, and afterwards wilfully neglecting or
refusing the performance of their work for the space of time aforesaid."

Section 10. " It shall and may be lawful for any two justices (jf the
peace of any county, riding, division, city, liberty, town, or place,
upon complaint made to them, upon oath by any one credible person,
or (being of the people called Quakers) upon solemn affirmation, that
there is cause to suspect that any such purloined or embezzled materials,
whether mixed or unmixed, Avrought or unwrought, are concealed in
any dwelling-house, outhouse, yard, garden, or f»ther place or places (/),
by virtue of a warrant under their hands and seals, to cause every
such dwelling-house, outhouse, yard, garden, or place to be searched
in the daytime : and if any such (m) materials susj)ected to be
])urloined or embezzled shall be found therein, to cause the same,
and the person or persons in whose house, outhouse, yard, garden,
or other place the same shall bt' found, to be brought before any two
justices of the peace for the same county, riding, division, city, liberty,
town, or place ; and if the said person or ];n'rs<ins shall not give an account

{k) See 22 Geo. II. c. 27, s. 7. ajiplied to the circumstances ; but to

As to power to reduce pennltics, tin,' nature of the article." "The

S8 k 39 Vict. c. 86, s. 8, and tiin otlenuc aimed at is tlic possession of

Summary Jurisdiction Act of 1879, goods, suspected to be purloined,

.s. 4. without being able to give a satisfae-

{l) A warehouse f)C('ii|iiecl only for torj' account of tliem " ; and it does

business purposes and not witliiii the not matter that tlie materials were

curtilage of a dwelHiiK-liouse, is not found concealed in dwelling-

witliin the Act; Queen v. Jy.ltcard- hoiis<', outliouse, &c. , or in the exe-

.w«. (1859), 2 E. & E. 77 ; 23 L. J. cution (if a searcli warrant. Qwoi

M. C. 213. V. inieox (I'aVo), 7 Q. B. 317 ; Davis

(in) " ' Such ' does not appear to be v. Neat (1833), 6 C. & P. 167.



THE EMBEZZLEMENT ACTS. 3.")1

to the s;itisfiicti(tu of such jiistii'es, liow he, slie, or tliey c;iim> by the saim-,
then the suiil person or persons so oifcnilini^' sh;ill he deemed .uid
adjudj,'ed Lcuilty of a misdemeanor, and sliidl be punished in manner
hereinafter mentioned, ahliouifli uo pi'oof sliall he L,'iven to whom sucli
materials hehmj;."

Section 11. "That every ])eace officer, constable, lieadljorougli, or
tvthinnman, in every county, city, town corporate, or other ]dace,
wliere tliere shall be officers, and every beadli- within his ^vard, ])ai'i-<h, or
district, and every watchman, during such time only as he is on liisihity,
shall and may ajjpreheud or cause to Ije ai)prehended, all and every
person or persons who may reasonably be suspected of having or carrying,
or anyways conveying, at any time after sunsetting, and before sunrising,
any of such materials suspected to be purloined or embezzled, and the
same, together with such person or persons, as soon as conveniently may
be, convey or carry before any two justices of the peace for the county,
riding, division, city, lil)erty, town or place within which the suspected
person or persons shall be apprehended ; and if the person or persons so
apprehended in conveying any such materials sliall not produce the pai'ty
or parties duly entitled to dispose thereof, from Avhom he, she, or they
bought or received the same, or some other credible witness to testify
up(m oath or (being of the people called Quakers) upon stdemn athrnia-
tion, to the sale or delivery of the said materials (which oath or affirma-
tion respectively such justices are hereby empowered to administer), or
shall not give an account, to the satisfaction of such justices, Ikjw he, she,
or they came by the same ; then the said person or persons so apprehended
shall be deemed and adjudged guilty of a misdemeanor, and be ])unished
in manner hereinafter mentioncil, although no proof shall be given to
whom such materials belong."

Section 15. "It shall be lawful for the owner or owners of any sucli
materials, from time to time, as occasion shall require, to demand en-
trance, and enter, at all reasonable hours in the daytime, intcj the shops
or outhouses of any person or ])ersons employed by him or them to work
up any of the said materials, or other place or places where the work
shall be carried on, and there to inspect the state and condition of such
materials ; and in case of I'efusal, by any such person or pei'sons so em-
ployed to ])ermit such entrance or inspection, he, she, or they so refusing,
shall forfeit and pay such sum of money, not exceeding forty shillings,
nor less than ten shillings, as the justices before whom he, she, or they
shall be convicted shall think proper, to be recovered and ap]ilied in the
same manner as is by this Act directed for the misdemeanor of l)eing in
the possession of any such materials, without being able to account satis-
factorily for such possession."

Section 16 mentions 22 Geo. II. ,c. 27, and enacts that: "Every penalty or
punishment directed by or other provision contained in the said recited
Act, in respect to the said materials, so far as the sai I recited Act is not
varied by this Act, and all the provisions in this Act contained in respect



352 THE LAW OF MASTER AND SERVANT.

to the said materials, shall extend and be applicable to any tocjl (ir tool:?,
iind implement or implements, with which any person or persons shall be
tMitiusted for makini,', working,' np, or manutacturinfr, the said materials,
und also to any drug or drUL^s, ingredient or ingredients, with which any
person or persons shall be intrusted, for the purpose of dyein;^ preparing,
or manufacturing suth of the aforesaid materials as are usually dyed,
prepared, or manufactured, in the SJinie maimer as if tlie said tools and
implements, drugs and ingredients, were particuhxrly mentioned both
in the said recited Act and in the preceding provisions of this Act."

Section 17. "If any person, hired, retained, or employed as a
jom-neyman dyer, or as a servant or apprentice, in the dyeing of any
felt or hat, or any woollen, linen, fustian, cotton, leather, fur, ilax,
mohair, or silk materials, whether the same shall be wrought or un-
wrought, or shall be nuxed or unmixed with other of the said materials,
shall, without the consent of the master, person <jr persons by whom
such jom'ney man, servant, or apprentice shall be hired, retained, or em-
ployed, wilfully dye any of the said materials, whether wrought or un-
wrought, or mixed or unmixed with other of the said matei'ials, or
without such consent shall wilfully receive any such materials as afore-
said, for the purpt)se of dyeing the same, whether the same shall be dyed
or prepared for dyehig, he or she so guilty of either of the said offences
shall, for the hrst offence, forfeit the sum of ten shillings, and for the
second offence, the sum of twenty shillings ; and for every subsequent
offence, the sum of forty shillings ; or if any person shall procure any
such materials as aforesaid, to be dyed by any person so hired, retained,
or employed as a journeyman, servant or apprentice, without the consent
of his or her master or employer, or shall offer any such materials to any
such journeyman, servant, or apprentice, for the purpose aforesaid, he or
she so offending, being thereof lawfully com-icted, by the oath or (being
of the peo])le called Quakers) athrmation of one or more credible witness
or witnesses, before two or more justices of the peace for the county,
riding, division, city, liberty, town, or place, where the offence shall be
committed, shall, for the first offence, forfeit the sum of five shillings ;
and for the second oll'ence, the sum of twenty shillings ; and for every
subsequent offence, the sum of four pounds," &c.



THE EMBEZZLEMENT ACTS. 353



28 CtEO. Tir. c. r>r> (1788).

Ail Act for the better and more effectual i)rotectioh of atocJcing frames and
the ■machines or engines annexed thereto or used thereivith, and for
the punishment of persons destroying or injuring of such stocking
frames, machines or engines, and the framework knitted, j)ieces, stock-
ings and other articles ami goods used and made in the hosiery or
frameivork knitted manufactory, or breaking or destroying any ma-
chinery contained in any mill or mills used or any way employed in
repairing or spinning of imol or cotton for the use of the stocking
frame.

Section 1 states that any framework knitters who refuse to deliver up
frames let to them on hire shall forfeit the sum of twenty shillings.

Section 2 states that a person who has liired a stocking frame, &c., and
who wrongfully disposes of it, may be imprisoned for not less than
three months and not exceeding twelve.

Section 3 jiunishes in like manner those who wilfully and knowingly
purchase frames or machines so disposed of.

Section 4 is repealed by Statute Law Revision Act, 1871.



6 & 7 VICT. C.-40 (1843).

An Act to amend the laws for the prevention of frauds and, abuses by
persons employed in the xooollen, worsted, linen, cotton, flax, mohair,
and silk hosiery manufactures ; and for the further securing the pro-
perty of the manufacturers and the wages of the vjorhnen engaged
therein.

Section 1 recites 8 & 9 Wm. III. c. 36 ; 1 Anne, St. 2, c. 18 ; 9 Anne,
c. 32 ; 12 Geo. I. c. 34 ; 13 Geo. II. c. 8 ; 22 Geo. II. c. 27 ; 17 Geo.
III. c. 56 ; 32 Geo. III. c. 44 (repealed), and enacts, " that from and
after the commencement of this Act, so much of the said recited Acts
or any of them as relates to the Avoollen, linen, cotton, flax, mohair, and
silk manufactures, or any of them, or any manufactures whatsoever
made of wool, cotton, flax, mohair, or silk materials, whether the same
be or be not mixed with each other or with any other materials, shall,
so far as respects the manufactures, trades, occupations, and employ-
ments hereinafter mentioned, be, and the same are hereby repealed,
save and except so far as the same may have repealed any former Acts
or enactments."

Section 2. " That if any person whosoever entrusted with any
woollen, worsted, linen, cotton, flax, mohair, or silk materials for the

A A



354 THE LAW OF MASTER AND SERVANT.

purpose (if beiuf,' prcjiared, worked up, or manui'actured, eitlier 1)v him-
self or by any person or persons to be employed by or under him, or
by himself jointly with any person or persons to be employed with, by,
or under him, or for any purpose or work connected with manufacture
or incidental thereto, or any ])arts, branches, or processes thereof, or any
tools or apparatus for manufacturing!; tlie said materials, shall sell,
pawn, purloin, embezzle, secrete, exchange, or otherwise fraudulently
dispose of the same materials, tools, or apparatus, or any part thereof,
he shall, upon being thereof lawfully convicted by the oath of the
owner of siu-h materials, tools, ov apparatus, or any part thereof, or of
any other credible witness or witnesses, before two or more justices of
the peace, forfeit the full value of the same, and also forfeit such penalty
not exceeding ten pounds, together with costs, as to the said justices
shall seem meet," &c.

Section 3. " That if any person whosoever intrusted with any woollen,
worsted, linen, cotton, flax, mohair, or silk niati-rials, for the pur-
pose of being prepared, worked uji, or manufactured, either by him-
self or by any person or persons to be employed by or under him, or by
himself jointly with any person or persons to be employed with, by, or
under him, or for any purpose or work connected with manufacture or
incidental thereto, or any parts, branches, or processes thereof, or with
any tools or apparatus for manufacturing the said materials, shall neg-
lect or delay to return the said materials, tools, or apparatus, or any
part thereof, for the space of fourteen clear days after being reciuired so
to do by the ]iarty entrusting him therewith, or by some person on his
behalf, by notice in writing to be served upon or left at the last or usual
place of abode or business of such person (unless prevented by some
reasonable and sufficient cause, to be allowed by the justices before
whom he sliall be brought), then and in every such case all or so much
or so many of the said materials, tools, or apparatus as shall not be re-
turned to the person so enti'usting him therewith within the time afore-
said, shall be deemed to be embezzled by the person so neglecting or
delaying to return the same ; and the person so neglecting or delaying
to return the same shall for every such offence be liable to be proceeded
against for embezzlement, in the same manner, and subject to the same
forfeiture .and penalty, with costs, and to beapjdiedin the same manner,
as are respectively hereinbefore prescribed and imposed in respect to
persons selling, pawning, purloining, embezzling, secreting, exchanging,
or otherwise fraudulently disposing of the said materials."

Section 4. "Any person who shall purchase or take in pawn, or
who in any other way shall receive into his premises or possession,
any woollen, worsted, linen, cotton, llax, mohair, or silk materials, and
whether the same or any part of the said materials be or be not Avholly
or partially wrought, made up, or manufactured into merchantable
wares, or any tools or apparatus for maiuifacturing the same, knowing
that such materials, tools, or apparatus are purloined or embezzled or



TnE EMBEZZLEMENT ACTS. 3.55

fraudulently disposed of, or tliat the person from Avlioni lie sliall imr-
chaso, take in pawn, or receive the same, is fraudulently or unlawfully
disposing' thereof, or knowing,' such person tn he employed or entiuste<l
hy any other person or persons to work up either hy himself or hy or
■with others the materials so purchased, taken in pawn, or received for
any other person or persons, and not havin^f tirst obtained the consent
of the person or persons so employing or entrusting him therewith, shall,
on conviction by the oath of the owner or of any other credible witness
or witnesses, be deemed and adjudged guilty of a misdemeanor, and be
])unished in manner hereinafter mentioned."

Section 5. " That if any ])erson shall sell, pawn, pledge, ex-
change, or otherwise unlawfully dispose of, or offer to sell, i)awn,
pledge, exchange, or otheiwise dispose of any such materials, tools, or
apparatus as aforesaid, knowing the same to have been so purloined or
embezzled or received from persons fraudidently disposing thereijf as
aforesaid, he shall, on conviction by the oath of the owner of such ma-
terials, tools, or apparatus, or any part thereof, or of any other credible
Avitness or witnesses, he deemed and adjudged guilty of a misdemeanor,
and be punished in manner hereinafter mentioned."

Sections. "That upon proof on oath before a justice of the peace
that there is reasonable cause to suspect that any person has in
his possession or on his premises any such materials, tools, or apparatus
as aforesaid which have been purloined, emliezzled, or otherwise fraudu-
lently disposed of, it shall be lawful for the said justice and such justice
is hereby required to grant his warrant to search the dwelling-house
and premises of such person, and if any such property shall be fouml
therein, to cause such materials, tools, or apparatus, and the person in
whose possession or on whose premises the same shall be found, to be
brought before him or some other justice of the peace, to be dealt witli
in the same manner as any person brought before a justice under the
enactment next hereinafter contained."

Section 9. " Peace officers to apprehend suspected persons. Persons
apprehended, and not proving tliat the property is honestly come by,
to be punishable," &c.

Section 12. "That where no proof shall be given at the time of
conviction of the ownership of property found in the possession of a
person convicted under this Act, the justices or Court shall cause the
property so found to be deposited in some safe place for any time not
exceeding thirty days, and shall, if the property be of sufficient value to
pay the expenses thereof, order an advertisement inserted in one or more
of the public newspapers of the town or city where, or nearest the place
where, the same WcOs found, and by fixing a notice on some public place
describing such property, and where the same may be inspected, or in
case of the said property not being of sufficient value to pay the said ex-
penses, then by fixing such notice as aforesaid only ; and in case any
person shall prove his ovra or his employer's o-s^-nership or property

A .\ 2



35G THE LAW OF WASTE U AND SERVANT.

therein \\\Mn oath to the satisfaction of ;v justice, restitution of such
proi)erty shall be ordered to the owner thereof, after paying the reas(jn-
able cost of removing, depositing, advertising, and giving notice of the
same ; but if no oAvnershi]) l)e proved to such projjcrty the justice shall,
at the teimination of thirty days, order such projierty to be sohl, and
after deilucting the charges aforesaid with the diarges of sale, shall order
the residue to be ap])lie(l in the same manner as is hereafter directed for
the disposal of any other penalty under this Act."

Section 13. "That it shall be lawful for the owner of any such
materials as aforesaid, or any other person duly authorised by him, or
other the person who shall have so entrusted such materials, from time
to time, as occasion shall require, to demand leave of entrance and enter
at all reasonable hours in the daytime into the shops or outhouses of
any person employed to woi'k up or manufacture, (nther by himself or
by any otlier person imder him, any of the said materials, or other
place or])laces where the work shall be carried on, and there to insjiect
the state and condition of such materials ; and in case of refusal nr neg-
lect l)v any such person or persons so em])loyed to ])ermit such entrance
or inspection, such person shall, for so refusing to ])ermit such entrance
or inspection, forfeit any sum not exceeding twenty shillings, as the
justices before whom he shall appear or be brought shall think proper,
to lie aiiplied in the same manner as is hereinafter directed for the dis-
posal of any other penalty under this Act : provided always, that nothing
herein contained shall authorise any such owner or other jierson as
aforesaid to inspect any frame, tools, or apparatus wherewith such
materials are worked uji, in case such frame, tools, or apparatus com-
prise any new invention or improvement not disclosed to the public."

Section 14. " Warrant may be granted by justice on complaint on
oath that person ia about to abscond," &c.

Section 15. " If any person shall receive any of the afore.said
materials in a fictitious name, in order to be manufactured, every
such person so offending, and being convicted thereof on the oath of one
or more credible witness or witnesses before two or more justices, shall
for every such offence be liable to tlu; same ])unishment as is hereinbefore
directed in respect to jiersons not fulfilling their engagements."

•Section 16. "Justice to issue warrant to constable to take possession
of property entrusted to any person committed for embezzlement," &c.

Section 18. "No frame, loom, or machine, materials, tools, or ap-
])aratus which shall be entrusted for the purpose of being used or
worked in any of the said manufactures, or any work connected there-
with or incidental thereto, or any parts, branches, or processes thereof,
whether such frame, loom, or machine, matei'ials, tools, or ajjparatus,
shall or shall not be rented or taken by the hire, .shall at any time or
times hereafter be distrained or seized, or be liable to be distrained or
Kcized, for rent or for debt, or under any execution or other proceedings
whatever, unless the rent be due or the money be owing by the owner of



THE EMBEZZLEMENT ACTS. 357

the siiid frame, loom, or machine, or of tlie said materials or tools or
a])]jaratiis aforesaid, or of any j)art thereof resiiectively."

iSection 19. "In case of refusal to restore frames, &c., unlawfully-
seized, justice may order their restoration," &c.

Section 20. "That if any person or persons shall obliterate, elface,
or alter the owner's name (jr initials, or other distinguishiny mark,
on any loom, machine, or any bar or part thereof, or the moulds
thereof, without the order or authority of the owner thereof, he shall,
on conviction theieof before two justices of the peace, forfeit any sucli
sum not exceeding two pounds as such two justices shall order and
direct, to be applied in the first place, in paying the costs of the pro-
ceedings before such justices, and the surplus, if any, to the jiarty injured ;
and in default of payment of such forfeiture immediately on conviction,
or within such period as the justices so convicting shall direct, then the
said justices may, either immediately or at any time after such conviction,
commit any person so convicted to the common gaol or house of correc-
tion, there to be imprisoned, with or without hard labour-, as to the said
justices shall seem meet, for any term not exceeding two calendar
months, unless the amount of sucli forfeiture be sooner paid."

Section 21. " And for the discouragement of frivolous and vexatious
informations and prosecutions under this Act, l^e it enacted, that it
sliall be lawful foi' any justices or Court of petty sessions before wIkjiu
any case iinder this Act is tried to award costs to the defendant, with an
allowance for his loss of time, in case of acquittal, to be paid by the
jn'osecutor ; and also, if it shall ajjpear to such justices or court that
the charge was made from a malicious, vexatious, or frivolous motive,
or in case the party shall be charged Avith embezzlement of materials, by
reason of any deficiency in the weight of the materials which he shall
have returned to the peison by whom they were entrusted to such party,



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 37 of 77)