INDICTMENTS FOR FORCIBLE OBSTRUCTIONS OF TRADE. assault with in That A. B. late of, &c. on, &c. with force and arms, at, &c. Upon 36 Geo. aforesaid, in and upon one E. F., did wilfully and maliciously III. c. 9. for an make an assault, and him the said E. F. did then and there wil- tent to prefully and maliciously beat with intent to deter and hinder him the vent a man said E. F. from then and there buying corn at the parish aforesaid, from buying in the county aforesaid, to the great damage of the said E. F., in corn. (6) contempt, &c. to the evil example, &c. contrary to the form, &c. and against the peace, &c. For an assault, &c. with in a tent to stop grain, on 36 G. That A. B. late of, &c. on, &c. with force and arms at, &c. aforesaid, in and upon one E. F., who was then and there driving certain cart loaded with wheat, unlawfully and maliciously did make an assault, and him the said E. F. did then and there un- III. c. 9. (1) lawfully and maliciously beat, with intent to stop such wheat, to the great damage of the said E. F., against the form of the statute, &c. in contempt, &c. to the evil example, &c. and against the peace, &c. INDICTMENT FOR SELLING CLOTH FALSELY MARKED. counterfeited That A. B. late of, &c. and &c. [other defendants] being per- For selling sons of bad name, fame, and conversation, on, &c. with force cloth with the and arms, at, &c. contriving, and falsely, fraudulenly, and deceit-alneager's seal fully intending to deceive and defraud our said lord the king of thereon. (u) the profit of the subsidy of cloth, unlawfully, unjustly, falsely, [*539] fraudulently, and deceitfully counterfeited and forged, and caused (s) See 2 Starkie, 408. the statute 36 Geo. III. c. 9. s. 1, enacts, that if any person shall wilfully, and maliciously beat, wound, or use any other violence to, or upon any person with intent to deter, or hinder him from buying corn, or grain, in any market or other place within this kingdom, or commit any of the other offences specified, every such person being thereof lawfully convicted before any two or more justices of the peace for the county or district wherein the offence is committed, or before the justices of the peace in open sessions Crim. Law, (who are thereby authorized and em- (t) See form, 2 Stark, 408. and procured to be counterfeited and forged, a certain seal, to the likeness and similitude of the seal of the alneager, and collector of the said subsidy, and then and there with force and arms, falsely, &c. and without any legal warrant or authority, thirty pieces of woollen cloth called serge, of the goods and chattels of some person unknown, with the said false and counterfeited seal did, and each of them did seal and caused to be sealed, and that the said A. B. &c. the aforesaid thirty pieces of woollen cloth called serge, so as aforesaid sealed with the said false and forged seal, then and there with force and arms, &c. unlawfully, &c. delivered the same to divers persons unknown, as and for thirty pieces of woollen cloth lawfully sealed by the collector of the said subsidy of our said lord the king, to the intent that the same pieces of woollen cloth should be exposed to sale, and sold without any further sealing, in deceit of our said lord the king, and divers of his subjects, and against the peace, &c. For exercising a trade, under stat. 5 Eliz. c. 4. not having served seven years as an apprentice. (x) [*540] INDICTMENTS-OFFENCES AGAINST TRADE-SETTING UP TRADE WITHOUT APPRENTICESHIP. Commencement and conclusion of indictment as ante 1 and 2, or of information at sessions, ante 11 and 12. That W. G. late of, &c. on, &c. at, &c. did set up, occupy, use, and exercise, and from (x) See other precedents, 1 Saund. 309. West. 251, 231. 1 Bro. 232,5.' Cro. C. C. 8th Ed. 463. 7th Ed. 723. Trem. P. C. 264. 6 Wentw. 395 3 Campb. 344. The offence is founded on the 5 Eliz. c. 4. which enacts, that it shall not be lawful to any person other than such as then did lawfully use, or exercise any art, mystery, or manual occupation, to set up, occupy, use, or exercise any craft, mystery, or occupation then used or occupied within the realm of England or Wales, except he should have been brought up therein seven years, at the least, as an apprentice in manner and form therein mentioned; nor to set any person to work in such mystery, art, or occupation, being not a workman at the time of passing the statute, except he had been such an apprentice, or having been such apprentice, would become a journey. man and be hired by the year, upon pain that every person so offending forfeit forty shillings for every month; one half of which shall go to the king, and the other to the informer. The trades to which this provision applies are too numerous to be enumerated here, but they will be found stated in Chitty on Apprentices, 117 to 121. and seeing also what is a using a trade within the statute, id. 121 to 127. It seems still to be a doubtful point, whether a person embarking his property in a commercial speculation, and carrying it on by means of agents who have served a regular apprenticeship, will be liable to the penalties of the Act, 15 East, 161. If a master employs a servant in his business who has never before engaged in it, under a parol agreement to teach him the trade, and pay him wages in consideration of a premium, he will be liable to the specific penal. ties, 2 Campb. 1. But a person may lawfully employ in individual branch. es of his trade, journeymen who have served a regular apprenticeship to the particular departments in question, though he himself has not undergone the service requisite under thence continually afterwards, for a long space of time, to wit, the space of six whole months and upwards, to wit, until, &c. at, &c. aforesaid, for his own lucre and gain, did unlawfully set up, occupy, use, and exercise the art, mystery, and (y) manual occupation of a brewer, the same being an art, mystery, and manual occupation used within England on the twelfth day of January, in the fifth year of the reign of Elizabeth, formerly queen of Eng land, aforesaid, in which same art, mystery, and manual occupation of a brewer, he the said W. G. was not brought up for the space of seven years at the least, as an apprentice, in manner and the statute to the legal exercise of one of them alone, 2 Campb. 127. As to what kind of service is sufficient under the statute, see Chitty on Apprentices, 127 to 131. In or der to constitute the offence, the business must have been carried on for a month at least, otherwise no proceeding can be supported, 3 Camp. 346. It seems to be at the election of the prosecutor whether he will indict or sue for the penalties; but the former is the only course to be taken, if a year has expired since the illegal exercise of the trade, 2 Ld. Raym. 1038, 9. As to the courts in which to prosecute, and modes of prosecution, whether by indictment, information, or action, see 1 Saund. 312. n. 1. Chitty's Apprentice Law, 135 to 138. 1 Sess. C. 256. 2 Sess. C. 222.-The indictment must contain all the requisites of a declaration at the suit of a common informer, see rules Chitty, Ap. L. 136, 7, 8. It must bring the case in every particular within the statute; state the nature of the trade which the defendant carries on, 1 Saund. 309. n. 3, aver that it was a trade in use in England or Wales at the time the statute was enacted, 2 Salk. 611, unless it be one of the trades which it actually mentions, when the court will judicially notice it, 1 Saund. 309. n. 3. Chitty, Ap. Law. 136,7. It is also absolutely necessary to state, that the defendant never had been brought up for the space of seven years as an apprentice to the trade in question, for these are the most material words in the statute, and without them any proceedings under it will be defective, 2 Ld. Raym. 1179. But there is no occasion to negative the exceptions which subsequent statutes may have introduced, which are matters of defence, if the case can be brought within them. 2 Burr. 1035. Chitty, Ap. L. 137.-The offence must be laid to have taken place "within the realm of England," and if the term "Great Britain" be substituted, the indict. ment will be invalid, 1 Stra. 552. It must also be shown; that the party exercised the trade for a month and upwards, and it should be laid to have been on a certain day and for so many months afterwards, though the prosecutor will not be compelled to prove the precise time set forth on the record. Peake, Rep. 57. Chit. Ap. L. 137. Formerly it was usual to aver that the defendant did not exercise the trade at the time of making the act, and soon after it was passed, the omission of this averment would have been fatal, but now the necessity has ceased from the manifest absurdity of stating, that the party was not in the exercise of his present vocation in the reign of Elizabeth. 1 Burr. 367. Chitty, App. L. 136, 7. On this statute, two or more persons cannot be jointly indicted, 1 Salk. 382. 2 Sess. Cas 221. Chitty, App. L. 137. The indictment, at the present day, concludes merely contrary to the form of the statute in such case made and provided, without the particular description of the enactment, which it was formerly usual to insert, 1 Saund. 309. n. 7. And it seems the words "against the peace, &c" must be added, though it was observed by Holt, C. J. that "it would be very hard to make a barber's shaving a man by his consent to be contrà pacem," 3 Salk. 191. 2 Ld. Raym. 1034. Evidence. The prosecutor must in general prove the existence of the trade at the time mentioned in the statute, unless the trade be mentioned in the statute, 3 Campb. 121. (y) Some of the precedents are in the disjunctive "or." [*541] Indictment for setting a person to work at a trade, not having served apprenticeship, under 5 Eliz. c. 4. [*542] form as in and by the statute in such case made and provided is mentioned, contrary to the form of the said statute, and against the peace of our said lord the king, his crown and dignity. Middlesex. The jurors for our lord the king upon their oath present, that T. S., late of, &c. being a person using, exercising, and carrying on the craft, mystery, and manual occupation of a carpenter, on, &c. at, &c. aforesaid, for his own lucre and gain, unlawfully and willingly did set one W. G. on work in the said craft, mystery, and occupation, and did continue the said W. G. so set on work as aforesaid, in the said craft, mystery, and occupation, from the said &c. until the, &c. that is to say, for the space of whole months and upwards, at, &c. aforesaid, the said craft, mystery, and occupation of a carpenter, being a craft, mystery, and occupation used within England, on the twelfth day of January, in the fifth year of the reign of the lady Elizabeth late queen of England, &c. he the said W. G. not having served in the said craft, mystery, and occupation for the space of seven years as an apprentice, nor having served as an apprentice as aforesaid, had become a journeyman or been hired by the year, against the form of the statute in such case* made and provided, and against the peace of our said lord the king, his crown, and dignity. For enticing an artificer to INDICTMENTS-OFFENCES AGAINST TRADE, SE- That A. B. late of, &c. on, &c. with force and arms, at, &c. unlawfully did contract with one C. D., he the said C. D. then leave the king- and there being a manufacturer, workman, and artificer of Great dom. (z) (z) This was the indictment against Harding, in 39 Geo. III. and was obtained from the Crown Office. See a precedent at common law for seducing frame work knitter, to emigrate to France and teach their art there, Trem. P. C. 252. And see modern precedents, 6 T. R. 739. Starkie, 624.-As to the offence, see in general, Burn, J. Manufacturers, Williams, J. Manufacturers, I. and the statutes, 5 Geo. I. c. 27. 23 Geo. II. c. 13. 22 Geo. III. c. 60. and 25 Geo. III. c. 67. By the 5 Geo. I. c. 27. to "contract with, entice, or endeavour to persuade any manufacturer or artificer in wool, iron, steel, brass, or any other metal, clockmaker, watcl:maker, or any other artificer or manufacturer, to go out of this kingdom into any foreign country out of his majesty's dominions" is made an offence for which, on being prosecuted by indictment or information in the courts at Westminster, assizes, or sessions of the county where the offence is committed, the offender must forfeit a sum not exceeding 100%, be imprisoned for three months, and further until the fine is paid; and for a second offence, be subject to a fine at the discretion of the court, imprisonment for a year, and until the satisfaction of the penalty, s. 1. The 23 Geo. II. c. 13. makes the forfeiture 5001 for each artificer seduced, and imprisonment for a year, on conviction of a first offence; and a second or other subsequent time 1000, and imprisonment for two years, besides, in both Britain of and in cotton, being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign cases, further confinement till the fine be paid. This provision has been holden to repeal the former, so that, at the present day, on the conviction of a party for an offence within both these statutes, the sentence is directed by the latter. 4 Burr. 2026. By the 22 Geo. III c. 60. any person who shall "contract with, entice, persuade, or endeavour to seduce or encourage any artificer or workman concerned or employed, or who shall have worked at, or been employed in printing calicoes, cottons, muslins, or linens of any sort, or in making or preparing any blocks, plates, engines, tools, or utensils, for such manufactures to go out of Great Britain to parts beyond the seas," he shall be subject to the same penalties as provided by the last mentioned statute. By 25 Geo. IlI. c. 67. "if any person shall contract with, entice, persuade, or endeavour to seduce or encourage any artificer or workman employed, or who shall have been employed in the iron or steel manufactures of this kingdom, or in making or preparing any tools or utensils for such manufactures to go out of Great Britain to parts beyond the seas (except Ireland,)" he shall be liable to similar penalties. And by 39 Geo. III. c. 56. s. 8. seducing colliers is put on the same footing with enticing away any manufacturer or artizan. Limitation of proceedings. All these statutes direct that every prosecution under them must be commenced within twelve calendar months after the of fence has been committed, 5 Geo. I. c. 27. s. 2. 23 Geo. II. c. 13. s. 2. 22 Geo. III. c. 60, s. 2. 25 Geo. III. c. 67. s. 7.-Process. By 5 Geo. I. c. 27. s. 4. (which act is unrepealed except as to the penalties contained in the first section, Williams, J. Manufactures, I. in note) a single justice of the peace, upon oath before him, may issue a warrant to bring up a party accused of seducing or attempting to seduce an artificer, or any artificer about to leave the kingdom in order to establish manufactories abroad, and if he appear to be guilty on the oath of a single witness or his own confession, may bind him to appear at the assizes or quarter sessions to answer the charge against him, and if he refuse to give proper security, may Commit him to prison until the next assizes and quarter sessions, and until he shall be delivered by due course of law; and if an artificer be convict. ed of such a design to emigrate, he shall give such security to the king not to leave the realm as the court shall require, and be imprisoned until such security be given. And by the 3d section of the same act, if any of the king's subjects, being such artificers, shall go into any country out of his majesty's dominions to exercise or teach his trade to foreigners, and shall not return within six months af. ter warning given by the ambassador, envoy, resident, minister, or consul of Great Britain, in the country where the artificer shall reside, or by some person under his authority, or by one of the secretaries of state, he shall be incapable of taking any legacy, of being an executor or administrator, or of taking any lands, tenements, or hereditaments within this kingdom by descent, devise, or purchase, and shall forfeit all his estates, real and personal, to his majesty's use, and be deemed an alien out of the king's protection. See post conspiracy, for cases where that offence is intermingled with an offence against trade post.-Indictment. In analogy to the case of seducing soldiers from their allegiance, it seems not to be neces sary to state the means or manner by which the defendant endeavoured to prevail on the artizan, 1 Bos. & Pul. 180. 2 Leach, 793. It seems also not necessary to name the country to which the artificer was to emigrate, or the implements to be exported, 6 T. R. 740. And when the American colonies were part of his majesty's dominions, and the indictment charged the defendant with seducing a manufacturer to go to America, without any qualification or particular description, to show that the place was not within our own territories, after verdict of guilty, the court held the proceedings valid, and thought the name America might be rejected as surplusage, 6 T. R. 739. Though the words of the statutes are in the disjunctive "workman or artificer" the conjunctive allegation may be used. id. ibid.-Evidence. The prosecutor is a competent witness, though entitled to à moiety of the penalty on conviction. 3 Esp. Rep. 68. [*543] |