U. K. Punishments of rines. the military. An act, similar to the mutiny act, is also annually passed for the regulation of his majesty's royal marine forces on shore, of which the last is the 48 48 Geo. 3.c. 14. Geo. 3. c. 14. U. K.: But by this act the lord high admiral, or three of the commissioners for executing this Marine forces. office, are empowered to make rules and articles for the punishment of the marine forces while on shore, and to constitute courts martial for trying and determining any crimes or offences committed by them; and also to grant commissions to any officers of royal marines, not being under the rank of field officers, for holding general courts martial. And by this act as well as the mutiny act, the offences for which a capital punishment may be inflicted soldiers and maon such troops while serving on shore, are mutiny or sedition; desertion; sleeping while on any post, or leav ing it before relieved; holding correspondence with any rebel or enemy; striking or using any violence against a superior officer while acting as such, or disobeying any lawful command of a superior officer: and such courts martial may inflict corporal punishment, not extending to life or limb, for immorality, misbehaviour, or neglect of duty. But by the mutiny act, to misbehave before the enemy, or shamefully to abandon or deliver up any garrison, fortress, or post, or to compel or induce the governor or commanding officer so to do, may be also punished with death. The offences for which capital punishments may be inflicted under the 22 Geo. 2. c. 33. Eng. are much more numerous; many of them however are cases in which the king's military troops, or marine forces serving on shore, would be liable to be handed over to the civil power, and be subject to the punishment of death by the ordinary course of law. It is scarcely necessary to observe that no distinct navy or marine force was ever placed upon the Irish establishment, whether before the union or since; and no Irish statute therefore provides for their manning or government. The navy of Great Britain is the common bulwark of the empire, manned by the brave population, and supported by the common purse of the united kingdoms. VOL. I. 2 C CHAP. CHAP. XIV. § 1. Who compella ble to serve in trades, and for that term; 5 Eliz. C. 4. 3. 3. Eng. Of Master and Servant. THE 5. Eliz. c. 4. Eng. is "an act containing divers orders for artificers, labourers, servants of husbandry, and apprentices." By this statute (s. 3.) no person shall retain, or be retained to work for any less term than one whole year, in any of the crafts, of clothiers, woolleneloth weavers, tuckers, fullers, cloth-workers, sheremen, dyers, hosiers, tailors, shoemakers, tanners, pewterers, bakers, brewers, glovers, cutlers, smiths, farriers, curriers, saddlers, spurriers, turners, cappers, hatmakers or felt makers, bowyers, fletchers, arrow-head-makers, butchers, cooks, or millers. And by s. 4. every person unmarried, and every married person being under the age of 30 years, and having been brought up in any of said trades, or that hath used any of them for 3 years; and not having an estate of inheritance or for life of 40s. a year, nor worth £10. in goods; nor being retained with any person in husbandry, nor in any of the aforesaid or other trades; nor being lawfully retained in household, or in any office, with any nobleman, gentleman, or other; nor having a convenient farm or other holding in tillage, shall, while so unmarried or under the age of 30 years, on the request of any person using the art and mystery wherein such person hath been exercised, be retained and serve on pain of incurring such penalties as herein limited.* And by s. 7. every person between the age of 12 and 60, (with such exceptions as in s. 4. amongst others,) shall be compelled to be retained to serve in husbandry by the year with any person that keepeth husbandry, and will require such person to serve, within the same shire where he shall be so required. By s. 5.6. & 8. if any person who shall retain any servant shall put him away before the Fenalty for master's piting end of his term, unless for some reasonable cause to be without cause or allowed before a justice of peace of the county, or mayor *Vide s. 9. s. 7. Who in hus bandry. s. 5. 6. & 8. away servant price. or s. 9. Penalty for servants refusing to serve, or departing without cause or notice. s. 11. or other chief officer of the city, &c.; or shall put him away at the end of his term without a quarter's warning, he shall forfeit 40s.; unless he can prove by 2 witnesses such reasonable cause, or quarter's warning, before the judges of assize, justices of the peace in sessions, or the mayor and 2 aldermen (or 2 burgesses if there are no aldermen) in towns corporate. And by s. 9. if any servant so retained shall depart from his service before the end of his term, unless for some reasonable cause to be allowed as aforesaid, or at the end of his term without a quarters warning before 2 witnesses; or refuse to serve, in husbandry, or other arts above mentioned, for the wages to be limited by this statute; or promise to serve and do not serve, then on complaint and conviction before 2 justices, or mayor and 2 aldermen (or 2 burgesses where there are no aldermen) he shall be committed to ward, until he shall be bound to serve and continue for the wages there limited; and to be discharged upon his delivery without any fee to the gaoler. By s. 11. no person that shall depart out of a service, shall be accepted into any other service, without shewing before his re- quired. tainer such testimonial of his being licensed to depart from his former master as hereby prescribed, to the chief officer of the town corporate, and in every other town and place to the constable, curate, church-warden, or other head officer; upon pain that every such servant shall be imprisoned till he procure one; which if he cannot do, he shall be whipped and used as a vagabond: and every person retaining such servant without shewing such testimonial shall forfeit £5.; and if any such person be taken with a counterfeit testimonial, then to be whipped as a vagabond. This statute (s. 24.) also empowers 2 justices, or the mayor or other head officer of a town corporate, and 2 aldermen (or 2 burgesses if there be no able to serve. aldermen) to appoint any woman who is of the age of 12 years and under 40 and unmarried, and forth of service, to serve, or be retained to serve, by the year, or by the week or day, for such wages and in such reasonable manner as they shall think meet; and if any such Testimonial re s. 24. Women compel &c. s. 2. Ir. woman shall refuse so to serve, they may commit her to ward, until she shall be bound to serve as aforesaid. Penalty on ser- The 2 Geo. 1. c. 17. Ir. contains clauses somewhat vants in Ireland, quilting service analogous to those of the 5 Eliz. c. 4. supra. This statute without consent, recites (s. 2.) that several servants are drunkards, idle, 2 Geo. 1. c. 17. or disorderly in their services, or waste and purloin their. masters' goods, or lend the same without their masters': or mistresses' consent or knowledge, or depart their master's or mistresses' service without his or her consent, within the time for which they had obliged themselves to serve; and enacts that any justice of peace of any county or city, or chief magistrate of any city or town corporate, where the master or mistress inhabits, may issue a warrant to bring such servant before him, and, on proof upon oath of any such offence, put such servant in the stocks, in some market town, on the market day, or in the parish stocks, for any time not exceeding 6 hours, or send him to the house or correction of the county, to be kept at hard labour for any time not exceeding 10 days; and in case the master, &c. shall after the time of punishment is expired, desire the servant to return to service for the remainder of the time, that by agreement such servant ought to serve, then such justice shall order the servant so to do; and in case such servant shall refuse or neglect so to do, then such justice, &c. shall again commit such servant to the house of correction, to be kept to hard labour, and corporally punished, during the time he ought to serve, or until the next general quarter sessions, where the justices may either discharge or continue such servant. And by s. 3. no servant shall hire, or offer to be hired, into any service, before the time for which he did contract or hire himself be expired, without license from his master, &c. unless such servant do first give a month's notice thereof to his master, &c.; or on proof thereof upon oath before any justice of peace of the county, or chief magistrate of any town corporate where such servant resides, he shall be committed to the house of correction for any time not exceeding 10 days, or put in the stocks in some market town, on the market day, for any time not exceeding 6 s. 3. Or without no- hours 5.4. Masters to give s 5. hours. By s. 4. on the putting away any servant, or upon such servant leaving his service, the master, &c. shall give a certificate in writing that such person therein named discharges. was his servant, and is discharged, and certify in said. discharge, if it is desired, or if such master shall think fit, the behaviour of such servant. And by s. 5. no master, &c. shall hire a servant without a discharge under Or in their de the hand of the master with whom he last dwelt; and if fault justices any person shall refuse to give such discharge and certi- may. ficate, some neighbouring justice or chief magistrate, &c. shall by letter to such master, or if a peer to his steward or bailiff, require the reason why such discharge, &c. is refused; and if no answer be given within 5 days, or if the cause assigned shall be found insufficient, such justice, &c. may give a certificate of the reasons for refusing such discharge; for which certificate the justice, &c. or his clerk shall not take any fee. And if any servant shall be Penalty for counterfeiting convicted of counterfeiting or producing a counterfeit certificate. certificate, under the hand of the master or justice, &c. or steward, &c. of any peer or peeress, he shall, upon conviction before 2 justices by the oath of 1 witness, be committed to the house of correction for 3 months, and whipt on some market day, between the hours of 11 and 12 in the morning, through the streets of the town where the house of correction stai ds. By s. 6. no servant shall recover wages by this act without producing to the justice, such discharge or certificate, or proving by a witness without such that such was given; and if any person shall knowingly take *Vide page 391 into his service any person who has been in any former service, without such discharge or certificate as aforesaid, he scall upon conviction at the general quarter sessions, &c. forfeit £5. one moiety to the use of the poor of the parish, and the other to the informer. s. 6. Penalty for hiring a servant discharge. vants, &c. rated 5 Eliz. c. 4. s. 15. By the 5 Eliz. c. 4. s. 15. Eng. (as amended by the 2 Wages of serJac. 1. c. 6. Eng.) the justices of the peace of every and assessed. shire, &c. and the sheriff of such county, if he conveniently may, and every mayor and other head officer Eng. within any city, &c. wherein is any justice of the peace, shall at the Easter sessions for such county, or within 6 weeks after, (or at the sessions for any several riding, &c.) assemble such discrect persons as they shall think meet, and 2 Jac. 1. c. 6. s. 3. 5. 6. Eng. |