Servants and Laborers Act 1828 No 9a (NSW)

138 No. 9. 9 ̂GEO. IV. 1828.

Servants and Laborers.

No. IX.

l̂IborL̂ ” tlie better regnlatioii of Servants

Laborers and Work People.	\llih	July,
1828.] ‘

Preamble. \ \ J HEREAS many of tlic Acts of the British Parliament relating

VV to servants and laborers are not applicable to the Colony of

New South Wales and great uncertainties consequently prevail in the administration of justice between masters and servants in the said

Servants neglecting Colony Be it therefore enacted by His Excellency the Governor of or Iiw?ntmg”the"̂^̂ Ncw South Wales with the advice of the Legislative Council That if selves froin work may any artificer manufacturer iournevman workman laborer or servant r»o n v * rjn « T n ^ _ O »/

U v U l U U U X i b U U l U l C k V - | ^ » 1 * i l * 1 1 !

Magistrate and on employed in any manner howsoever either as a menial or house servant

committed to the'̂ '̂ farm 01' estate who shall have been hired or engaged by or

common gaol or with any mastci* or mistress or employer or employers for any time

foTaliy tim̂ ôr'* wliatsoevei' shall during any part of the time for which he or she shall exceeding six months have bccn SO liii'ed OP engaged absent himself or herself from the re'̂ speSivTiy?*'̂ * sei’vice of the person or persons to whom he or she shall be so engaged

as aforesaid during the customary time of serving or working at the trade occupation or employment for which he or she shall have been so hired or engaged or shall refuse or neglect to work in the trade calling or employment for which he or she shall have been so hired or engaged in a diligent and careful manner after having been there­ unto required by his or her master mistress employer or employers or shall return his or her work or desert or quit the same before it shall have been completely finished without the consent of the person or persons by whom he or she shall have been so employed it shall be lawful for any one or more Justice or Justices of the Peace to cause every person who shall be complained of as so offending to be brought before him or them or before some other Justice or J ustices of the Peace and the Justice or Justices before whom any person com])lained of as aforesaid shall be so brought shall hear and determine the matter of every such complaint and if no reasonable and sufficient cause be shewn to the contrary such Justice or Justices shall commit every person convicted of so offending as aforesaid to the common gaol there to remain without bail or mainprize for any time not exceeding six calendar months or at the discretion of such Justice or Justices to some house of correction there to remain and to be kept to hard labor for any time not exceeding three calendar months and every person

Persons so convicted convicted of SO offt'nding as aforesaid shall moreover forfeit all or such

^is 01' her wages or pay which may or shall be due or owing

to him or her from and by the party complaining at the time of such

conviction as in the judgment and discretion of such Justice or

Justices shall appear just and reasonable.

Persons employing 2. And bc it fiu'tliei' enacted That if any iierson shall knowinslv

retained to bc fined I’̂ jcoive employ or enteiTaiii any such artificer laborer or servant

not more than £20

nor less than £5. employed in any manner howsoever cither as a menial or house servant or on any farm or estate already employed or retained by any other person or persons during the time for Aviiich he or she shall bc so employed or retained without leave of such other person or persons as last aforesaid every such offender being thereof lawfully convicted before any one or more Justices of the Peace shall for every such offence forfeit and pay any sum not less than Five Pounds nor more

tfbUaid h e Twenty Pounds one'moiety thereof to be paid to the person

throthefhdTtoTbc moiety to be paid to the Treasurers of the BeUvoiLt'̂ Society.'’ Benevolent Society and applied in the maintenance of the poor of the

Colony

1828. 9‘̂ GEO. IV. No. 9. 139

Servants and Laborers.

Colony and accounted for from time to time in such manner as tlie

Governor for the time-heing sliall appoint and direct.

3 . And 1)C it further enacted That if any sueh artificer laborer Servants spoiling

or servant employed in any manner howsoever either as a menial or operty

house serviint or on any farm or estate shall wilfully or negligently entrusted to them to

spoil or destroy any goods wares Avork or materials for work committed ^̂ ucTproperty

to his or her care or chai’ge or Avherewith he or she shall be e n t r u s t e d i;>e committed to

by his or her master or mistress or employer or shall negligently morê tL*nsix™or°̂ ̂

injure or lose any property entrusted to his care every such offender less than one month,

and his or her aceomplicc or accomplices being thereof lawfully con­

victed before any one or more Justice or Justices of the Peace shall

forfeit and pay clouble the  alue of such goods wares AVork or materials

for Avork so spoiled or destroyed or other property injured or lost as

aforesaid to the owner or OAvnors thereof respectively and shall he

committed to gaol by such Justice or Justices until the same ho paid

or in failurt! of payment for any period not less than one month nor

more than six months at the discretion of such Justice or Justices.

4. And he it further enacted That in case any master or mistress Upon proof of ni-

or other employer shall ill-use any such artificer laborer or seiwaut enfpioyeniagfa-

employed in any manner hoAvsoever either as a menial or house s e r - uates aro authorized

vant or on any farm or estate it shall and may he laAATul for any one thê servâ nt to'thr

or more Justice or J ustices of the Peace upon complaint being made extent of six months’

to him or them thereoi on oatii to issue a summons to compel the tiie agreement

appearance before liim or them or before any other Justice or Justices ijetwecn timm.

of the Peace of such master or mistress or other employer and upon

his or her appearance or upon proof of such master mistress or other

employer having been duly summoned then upon the day named

in such summons Ibi- the a])pcarance of such master mistress or

employer and AA’liether he or she shall he present or not to proceed to

hear the proof of such ill-usage and such Justice or Justices may

upon due proof thereof order and aivard such amends to Ik ; made to

the party aggrieved as he or they shall think fair and reasonable and

such aAvard shall he carried into effect by distress and sale of the goods

and ('Ifects of such master mistress or employer as aforesaid Provided

that in no case such amends shall exceed the amount of six months’

wages of such artificer laborer or servant employed in any manner

hoAVSoever either as a menial or house servant or on any farm or estate

and such Justice or Justices may also order and direct that the term

of service or employment for aaIucIi such artificer laborer or servant

employed in any manner hoAvsoever either as a menial or house ser­ vant or on any farm or estate shall have contract(;d to s(;rve shall from thenceforth cease determine and he at an end.

5. And he it further enacted That the J ustice or Justices before AVamanta m- orders

AA'hom any person or persons shall he convicted of any offence against sl'Tforth’iu**̂

this Act shall cause all such, convictions and the warrants or orders Schedule.

for commitments thoi-eupon to he respectively draAvn up in the form

or to the effect set forth in the Schedules to this Act.

0. And he it further enacted That if any person convicted of persons convicted

Iavo sufficient sureties immediately before such Justice or Justices ent(;r into a bond to Ilis Majesty His Heirs and Successors in the penal sum of doidile the amount of tlu' ])enalty so incurred or forfeited or in case

any offence or offences punishalilc hy this Act before one or tAvo district or place Avherein or nearest to Avhich sueh offence shall havt; been committed and that the execution of every judgment so appealed from shall he suspended in case the person so convicted shall AAuth

Justice or Justices of the Peace shall think Irimsclf or herself Quarter Sessious.

aggrieved hy the judgment of such Justice or Justices such person

shall have liberty to appeal from any such conviction to the next

sueh

140 No. 9. 9° GEO. IV 1828.

Servants and Laborers.

such conviction should contain a judf?mcnt of imprisonment such appellant shall immediately enter into a recognizance before such Justice or Justices himself or herself in the j)enaltyof twenty pounds with two sufficient sureties in the penalty of ten pounds each whicli bond or recognizance respectitely such Justice or Justices is and are hereby authorized and required to take and such bond or recognizance shall be conditioned to prosecute such ap]ieal v̂ ith effect and to l)c forthcoming to abide the judg)uent and determination of the said Court of Quarter Sessions and to pay such costs as the said Court shall award on such occasion and the Justiccs in the said Court of Quarter Sessions are hereby authorized and re(i[uired to hear and determine the matter of the said appeal and to award such costs as to

Such appeal shall be them shall appear just and reasonable to be paid by either party and

final. ̂ ’ such decision shall be final between tlie said parties to all intents and purposes and if upon hearing the said appeal the judgment of the Justice or Justices before whom the appellant shall have been con­ victed shall be affirmed such apixdlant shall forthwith pay the forfeiture or penalty if any mentioned in such conviction and the costs awarded to be paid by such ajipellant and in default of payment thereof or in case such conviction shall contain a judgment of im­ prisonment such ap]jellant shall immediately be committed by the said Court to the common gaol or bouse of correction according to such conviction and for the space ol‘ time therein mentioned without bail or mainprize and also until the payment of such costs as shall be awarded by the said Court to be paid by such appellant.

SCHEDULE TO AVHICII THIS ACT REFERS.

Form of Conviction and Commitment.

To WIT— ]}o it remembered that nil tiie day of in the

year of the reign of &e. and in the year of our Lord 182 A. B. was

convicted before me or us (naming the Justices) one or two of Ilis Majesty’s Justices of the Peace duly authorized in that behalf of having (state the offence) contrary to an Act of the (lovernor and Council passed in the ninth year of the reign of His Majesty King George the Fourth entitled “ An Act for the better regulation of Servants Laborers and Work Fcople” and I or we the said Justice or Justices do hereby order and adjudge the said A. B. for the said offence to bc eominitted to and eontined in the (place where to be

confined) for the space of or to be committed to the house of correction at

there to bo kept to hard labor for the space of

Given under my or our hands the day and year above written.

Form of Conviction in a pecuniary penally.

To W IT— Be it remembered that on the day of in the

year of the reign of &c. and in the year of our Lord 182 A. B. was convicted before me or us (naming the Justices) one or two of His Majesty’s Justices of the Peace duly authorized in that behalf of having (state the offence) contrary to an Act of the Governor and Council passed in the ninth year of the reign of His iMajesty King George the Fourth intituled “ An Act for the better rcyulation of Servants Laborers and. Work People” and I or we the said Justice or .liistici's do hereby adjudge and determine the said A. B. for the

said offence to forfeit and pay the sum of to be distributed as the said Act directs.

Given under my or our hands the day and year above written.

No. X.