A

BILL

ΤΟ

Alter and amend the Act which prohibits the Payment of Wages in Goods, commonly called the Truck Act."

[Note. The Words printed in Italics are proposed to be inserted

W

in Committee.]

c. 37.

HEREAS an Act was passed in the First and Second Preamble. Years of the Reign of His Majesty King William the Fourth, Chapter Thirty-seven, entitled "An Act to pro- 1 & 2 W. 4. "hibit the Payment in certain Trades of Wages in Goods, or 5" otherwise than in the current Coin of the Realm ;" and the said Act has been found insufficient for its intended Purpose, by reason of the various Modes of Evasion resorted to by Persons employing Labourers in the said Trades, and the said Act requires to be amended: Be it therefore enacted by the Queen's most Excellent 10 Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Authority of the same, as follows:

I. If in any of the Trades enumerated in the said recited Act any Artificer Goods, Wares, or Merchandise in the Profits or Sale of which to have any complete 15 Employer shall, either directly or indirectly, have any Share or Disposal Interest, shall have been sold, delivered, or supplied to any Artificer, of entire or to any One on his Behalf, in advance of any Settlement of Wages, his Wages. the Value of which shall have been stopped from or paid out of his

Amount of

Shops for

visions and

in Buildings attached to

the Works.

Wages due at such Settlement at the Time of the Receipt thereof, or
upon the Premises of the said Employer, or repaid as an Account of
Money lent, or otherwise passed in account between the said Artificer
and his Employer, or any One on his Behalf, or if, in order to secure
Payment for such Goods, any Restraint shall be placed by the said 5
Employer, or by any One on his Behalf, upon such Artificer, which
shall prevent the said Artificer from having the full and complete
Disposal of the entire Amount of his Wages, such Goods shall be
deemed to have been had and received by such Artificer on account
of Wages, and the Delivery of such Goods to have been a Payment 10
made otherwise than in the current Coin of the Realm, and to have
been illegal, null, and void within the Intent and Meaning of the
Third Section of the said recited Act.

II. And whereas the keeping of Shops for the Sale of Provisions Sale of Pro- and Clothing by Employers of Artificers in the Trades enumerated 15 Clothing not in the said recited Act in Buildings making a Part of the Premises to be kept occupied by or with the Works of the said Employers greatly facilitates the Devices, Contrivances, Collusions, and Arrangements resorted to by many of the said Employers for the Purpose of defeating the Provisions of the said recited Act: Be it therefore 20 enacted, That if any Employer of any Artificer in any of the Trades enumerated in the said recited Act shall, either by himself or his Agent or Agents, keep any Shop for the Sale of Provisions or Clothing, or have any Share or Interest, direct or indirect, in the Profits of any Shop for the Sale of Provisions or Clothing, within 25 the Buildings making a Part of the Premises occupied by or with the Works of the said Employer, the said Employer shall forfeit the Sum of not less than Ten or more than Twenty Pounds, to be recovered in the same Manner as the other Penalties for Offences against the said recited Act not therein declared a Misdemeanor; and every Day 30 during which such Shop shall be kept by such Employer, or during which the said Share or Interest of the said Employer shall continue in such Shop, shall be held as constituting a separate Offence.

Not to invalidate

III. And whereas the Power of issuing Drafts or Orders for the Payment of Payment of Money to the Bearer on Demand, in the Manner and for 35 Wages in the Amounts now permitted, has afforded to Employers of Artificers Notes or in the said enumerated Trades Facilities for defeating the Purposes Drafts upon a Banker, if of the said recited Act: Be it therefore enacted, That nothing conArtificer tained in the said recited Act shall be construed to prevent or to render invalid any Contract for the Payment, or any actual Payment, 40 to any such Artificer as aforesaid, of the whole or Part of his Wages either in the Notes of the Governor and Company of the Bank of England or in the Notes of any Person or Persons carrying on the

consents.

Business

Business of a Banker, and duly licensed to issue such Notes in pursuance of the Laws relating to Her Majesty's Revenue of Stamps, or in Drafts or Orders for the Payment of Money to the Bearer on Demand, provided such Drafts or Orders be of the Amount of not 5 less than Five Pounds, and be drawn upon any Person or Persons carrying on the Business of a Banker, being duly licensed as aforesaid, within Five Miles of the Place where such Drafts or Orders shall be so paid, if such Artificer shall be freely consenting to receive such Drafts or Orders as aforesaid, but all Payments so made with such 10 Consent as aforesaid in any such Notes, Drafts, or Orders as aforesaid shall, for the Purposes of the said recited Act and this Act, be as valid and effectual as if such Payments had been made in the current Coin of the Realm.

IV. Any Employer of any Artificer in any of the Trades enumerated Penalties on 15 in the said recited Act who shall, by himself or by the Agency of any entering into Employers other Person or Persons, directly or indirectly enter into any Contract Contract, or make any Payment declared illegal by the said recited Act or &c. hereby declared by this Act, shall for the First Offence forfeit a Sum not exceeding illegal. Twenty Pounds nor less than Ten Pounds; and in the Case of a 20 Second Offence, any such Employer shall be and be deemed guilty of a Misdemeanor, and being convicted thereof shall be punished by Fine only, at the Discretion of the Court, so that the Fines shall not in any One Case exceed the Sum of One hundred Pounds.

V. Out of any Penalty or Forfeiture incurred by any Offence Application 25 against the said recited Act or this Act the Court or Justices of Penalties. imposing the same shall award One Half of the said Penalty or Forfeiture to the Informer: Provided always, that every Proceeding whatsoever for any Offence against the said recited Act or this Act may be commenced at any Time within Six Calendar Months after 30 such Offence shall have been committed.

viction to be

for Misde

VI. Upon the Trial of any Indictment or Information for any Certificate Misdemeanor under the said recited Act or this Act it shall be of First Consufficient Evidence of a previous Conviction under the said recited produced Act or this Act if a Certificate thereof, signed by the Clerk of the upon Trial 35 Peace or other Officer having the Custody of the Record of such meanor. First Conviction, shall be produced before the Court inquiring of such Second Offence, in which Certificate shall be stated in a compendious Form the general Nature of the Offence for which such previous Conviction was had, and the Date of such previous Conviction: 40 Provided always, that the Third or any subsequent Offence which shall be committed by any Person against the said recited Act or

Certain

to act as Justices,

against this Act shall be inquired of, tried, and punished in the Manner provided in this Act in respect of any Second Offence.

VII. No Justice of the Peace, being a Person also engaged in any Persons not of the Trades and Occupations enumerated in the said recited Act, or the Father, Son, or Brother of any such Person, shall act as a 5 Justice of the Peace under the said recited Act or this Act unless with the Consent of the Informer or his Attorney.

unless by Consent.

Costs of
Prosecutions

Two Justices, &c.

VIII. And whereas various Modes are frequently resorted to by for Combons Employers of Artificers in the Trades enumerated in the said recited nation to Act, in combination with their Agents, Clerks, or other Persons on the 10 defeat the said Employer's Behalf, to defeat the Purposes of the said recited Act: Act to be allowed, if And whereas the Persons aggrieved by such Combinations are often Commitment such as are unable to incur the Costs of Prosecutions: Be it therefore made by enacted, That if any Employer of any Artificer in any of the Trades enumerated in the said recited Act shall, together with his Agent or 15 Agents, Clerk or Clerks, or any other Person or Persons in his Employ or acting in his Behalf, combine to defeat the Purposes of the said recited Act or this Act, and shall thereupon be indicted as for a Misdemeanor, the Costs of Prosecution shall in all Cases be allowed, provided the Persons so combining shall have been committed for 20 Trial by Two Justices of the Peace or by a Stipendiary Magistrate; and in case of Conviction the said Persons shall be punished by Fine only, at the Discretion of the Court, so that the Fines shall not in any Case exceed the Sum of One hundred Pounds.

Recited Act

and this

Act to be

construed as One Act.

IX. The said recited Act and this Act shall be construed together 25 as One Act.