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woman shall refuse so to serve, they may commit her to

ward, until she shall be bound to serve as aforesaid. Penalty on ser. T'he 2 Geo. 1. c. 17. Ir. contains clauses somewhat cants in Ireland, quitting service analogous to those of the 5 Eliz. c. 4. supra. This statute wilhout consent, recites (s. 2.) that several servants are drunkards, idle, &c. 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 ge

neral quarter sessions, where the justices may either dis8. 3.

charge or continue such servant. And by s. 3. no servant

shall hire, or offer to be hired, into any service, before Or without no

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 vath 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 markettown, on the market day, for any time not exceeding 6




hours. By s. 4. on the putting away any servant, or upon $.4. such servant leaving bis service, the master, &c. shall give

Masters to 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 mas- $ 5. ter, &c. shall hire a servant without a discharge under

Or in their de the band of the master with whom he last dwelt; and if fundi justices any person shall refuse to give such discharge and certi- muy. 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 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 inarket 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 seryant shall s. 6.

:... Penally for recover wages by this act* without producing to the jus- his

utcms me jus hiring a servant tice, such discharge or certificate, or proving by a witness w

C discharge. 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.

By the 5 Eliz. C. 4. s. 15. Eng? (as amended by the 2 W'ages of serJac. 1. c. 6. Eng.) the justices of the peace of every und es sessed. shire, &e.. and the sheriff of such county, if he conve

5 Eliz.c.4. s.15. niently 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, for at the sessions for any several riding, &c.) . assemble such discrect persons as they shall think meet,


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2. Jac. 1. c. 6.


and rate and appoint the wages of all artificers, handicraftsmen, husbandmen, or apprentices of husbandry, or other labourers, servants, or workmen, by the year, or by the day, week, month, or otherwise, with meat and drink, or without; which rates shall beingrossed in parchment, and kept amongst the records of the county or town corporate,

and be proclaimed by the sheriff or mayor in such places 5 Eliz, c. 4. as to them shall seem convenient. And by s. 18. if any s. 18. Eug.

person shall retain or keep any servant, workman, or labourer, or give any greater wages than appointed by said proclamations, contrary to this statute, he shall, on con

viction before any of the said justices or head officers, be 8. 19, imprisoned for 10 days, and forfeit £5. And by s. 19,

every person that shall be so retained, and take wages contrary to the said statute or proclamation, and be convicted before the justices aforesaid or any 2 of them, or before

the mayor or other head officers, &c. shall be impris. 20. soned for 21 days. And by s. 20. every retainer, pro

mise, gift, or payment of wages, or other thing, contrary to said act, and every writing and bond to be made for that purpose shall be void. This statute (s. 12.) defines the time of working for artificers and labourers, between

March and September, and September and March. And 8. 22.

by s. 22, all artificers and persons meet to labour are

compellable to work in harvest, upon pain of imprison33 !len. 8. st.1. ment in the stocks for 2 days and a night. By the 33

Ir. Hen. 8. st. 1. c. 9. Ir. the justices of peace in every

rean county shall, in their sessions holden within ane month lated in Ireland. after Easter and Michaelmas, having respect to the price

of victuals and other necessaries, make proclamations how much every artificer and labourer shall take by the day, botlı with meat and drink, and without, between said sessions, and also at the sessions next after Easter, how much every servant at hạsbandry shall take by the year following, with meat and drink: and every of them that shall take any thing contrary to the said proclamation, shall forfeit the thing so taken, and be imprisoned by the discretion of the justices at their sessions; half of said

forfeiture to the king, and the other half to the informer, 47 Geo. 3. st.1. c. 43. I. And by the 47 Geo. 3, st. 1. c. 43. I, the provisions of

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this act are declared to extend to all counties of cities and counties of towns, in respect to which no special provision has been made by any act of parliament for ascertaining such wages. For the more easy recovery of

2 Geo. 1.c. 17, wages, the 2 Geo. 1. c. 17. s. 1. Ir, empowers any justice s. 1.1 of the peace of the county where the master or mistress dwells, not living more than 5 miles from such dwelling

Mode of replace, and if no justice live within 5 miles, then the next neighbouring justice, and every chief magistrate of any city or town corporate, upon the complaint of any. day-labourer, artificer, or servant, whose demand for wages shall not exceed £3., upon oath that he cannot receive his wages, to summon in writing such master, &c. or person employing such artificer (not being a peer or peeress of this kingdom) to appear before him; in which summons the sum demanded shall be expressed, and the place and time for such person's appearance, (for which summons the said justices, &c. or their clerk, may take 6d.;) and in case the said master, &c. shall not appear, then said justices, &c. upon proof on oath that said summons was delivered to said master, &c. or to his son, daughter, or menial servant, of the age of 16 years or upwards, at the usual place of abode of such master, &c.may proceed to hear and determine said demand by examining witnesses, and parties, upon oath; and if the sum adjudged shall not be paid within 10 days, such justice, &c. may by warrant direct the same to be levied by distress and sale, as also 6d. for the summons, 6d. for the warrant, and 12d. for the constable. But by s. 10. all complaints S. 10 under this act must be exhibited, by servants within 3 calendar months after they are dismissed or leave their service; by artificers or day labourers within 3 months after they have done their work; and by masters, &c. within the same period after the cause of complaint shall arise. There are various statutes in England giving a juris. Differences he


tween master diction to justices of peace in respect to the disputes and servant, 8s. between masters and their workmen, in several branches of trade and manufacture. But the 20 Geo, 2.c. 19. Eng. 20 Geo. 2. c.19. (as amended by the 31 Geo.2.c. 11. Eng.) is of a general na- 31 Geo.2. c.11. ture, which provides, that all differences and disputes be- Eng. tween masters or mistresses, and servants [*in husbandry *Not in 25

Geo. 2. c. 8. Ir. I hired


hired for one year or longer, or for a less time,) and artificers, handicraftsmen, miners, colliers, keel-men, pitmen, glass-men, potters and other labourers, shall be determined by 1 justice of peace of the county, &c. where such master, &c. shall inhabit, or by the mayor, or other head officer where such complaint shall be made; which said justice, &c. may examine upon oath any such servant, &c. or witness, and summon such master to appear before him within a reasonable time, not less than 48 hours; and

order reasonable payment of wages to such servant, &c.; * £5. by the provided that the sum in question do not exceed [£10.*) 25Cen.2.c.S.Ir. * £3 ly the" with regard to any servant; nor [£ 5.+] with regard to any 25Gev.2.c.8.Ir. artificer, &c.; and in case of refusal, or non-payment

by the space of 21 days after such determination, such

justice, &c. may levy the same by distress and sale. And s. 2. by s. 2. such justice, &c. on complaint of the master, &c.

upon oath concerning any misdemeanor or ill-behaviour # Not in the in his service or employment, (falthough no assessment of 25 Geo. 2.c.8. Ir.

wages has been made that year,] may determine the same and punish the offender by commitment to the house of correction for any time not exceeding I calendar month, or by abating some part of his wages, or by discharging such servant, &c. from his service or employment; and in like manner, such justice, &c. may upon any complaint upon oath by any such servant, &c. against such master, &c. concerning any misusage, refusal of necessary provision, cruelty, or other ill treatment, summon such master, &c. to appear at a reasonable time, and discharge such servant, &c. whether such master, &c. shall appear or not, proof being made upon oath of his being duly summoned; which discharge shall be given gratis under the land and seal of such justice, &c. But by s. 5. if any person shail think himself aggrieved by any determination, &c. under tbis act (escept any order of commitment) he may appeal to the next general quarter sessions of the county, &c. where such determination shall be made, which sessions

may finally determine the same, and award costs, not ex$ £j. by the ceeding (40s.Ş] to the appellant or respondent. And by .6.0.17. s. 6. no writ of certiorari shall issue to remove any pro

ceedings under this act. The 25 Geo.2. c. 8. Ir. as amended by the 29 Geo. 2. c. 8. Ir. contains similar provisions. By

s. 5.

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