Truck Act 1831
| Jurisdiction | UK Non-devolved |
(1 & 2 Will. 4) C A P. XXXVII.
[15th October 1831]
'WHEREAS it is necessary to prohibit the Payment, in certain Trades, of Wages in Goods, or otherwise than in the current Coin of the Realm;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in all Contractshereafter to be made for the hiring of any Artificer in any of the Trades herein-after enumerated, or for the Performance by any Artificer of any Labour in any of the said Trades, the Wages of such Artificer shall be made payable in the current Coin of this Realm only, and not otherwise; and that if in any such Contract the Whole or any Part of such Wages shall be made payable in any Manner other than in the current Coin aforesaid, such Contract shall be and is hereby declared illegal, null, and void.
II and must not contain any Stipulations as to the Manner in which the Wages shall be expended.
II. And be it further enacted, That if in any Contract hereafter to be made between any Artificer in any of the Trades herein-after enumerated, and his Employer, any Provision shall be made directly or indirectly respecting the Place where, or the Manner in which, or the Person or Persons with whom, the Whole or any Part of the Wages due or to become due to any such Artificer shall be laid out or expended, such Contract shall be and is hereby declared illegal, null, and void.
(a ) See ante, Cap. 36.
III All Wages must be paid to the Workman in Coin.
III. And be it further enacted, That the entire Amount of the Wages earned by or payable to any Artificer in any of the Trades herein-after enumerated, in respect of any Labour by him done in any such Trade, shall be actually paid to such Artificer in the current Coin of this Realm, and not otherwise; and every Payment made to any such Artificer by his Employer, of or in respect of any such Wages, by the delivering to him of Goods, or otherwise than in the current Coin aforesaid, except as herein-after mentioned, shall be and is hereby declared illegal, null, and void.
IV Artificers may recover Wages, if not paid in the current Coin.
IV. And be it further enacted, That every Artificer in any of the Trades herein-after enumerated shall be entitled to recover from his Employer in any such Trade, in the Manner by Law provided for the Recovery of Servants Wages, or by any other lawful Ways and Means, the Whole or so much of the Wages earned by such Artificer in such Trade as shall not have been actually paid to him by such his Employer in the current Coin of this Realm.
V In an Action brought for Wages no Set-off shall be allowed for Goods supplied by the Employer, or by any Shop in which the Employer is interested.
V. And he it further enacted, That in any Action, Suit, or other Proceeding to be hereafter brought or commenced by any such Artificer as aforesaid, against his Employer, for the Recovery of any Sum of Money due to any such Artificer as the Wages of his Labour in any of the Trades herein-after enumerated, the Defendant shall not be allowed to make any Set-off, nor to claim any Reduction of the Plaintiff's Demand, by reason or in respect of any Goods, Wares, or Merchandize had or received by the Plaintiff as or on account of his Wages or in Reward for his Labour, or by reason or in respect of any Goods, Wares, or Merchandize sold, delivered, or supplied to such Artificer at any Shop or Warehouse kept by or belonging to such Employer, or in the Profits of which such Employer shall have any Share or Interest.
VI No Employer shall have any Action against his Artificer for Goods supplied to him on account of Wages.
VI. And be it further enacted, That no Employer of any Artificer in any of the Trades herein-after enumerated shall have or be entitled to maintain any Suit or Action in any Court of Law or Equity, against any such Artificer, for or in respect of any Goods, Wares, or Merchandize sold, delivered, or supplied to any such Artificer by any such Employer, whilst in his Employment, as or on account of his Wages or Reward for his Labour, or for or in respect of any Goods, Wares, or Merchandize sold, delivered, or supplied to such Artificer at any Shop or Warehouse kept by or belonging to such Employer, or in the Profits of which such Employer shall have any Share or Interest.
VII If the Artificer or his Wife or Children become chargeable to the Parish, the Overseers may recover any Wages earned within the Three preceding Months, and not paid in Cash.
VII. And be it further enacted, That if any such Artificer as aforesaid, or his Wife or Widow, or if any Child of any such Artificer, not being of the full Age of Twenty-one Years, shall become chargeable to any Parish or Place, and if within the Space of Three Calendar Months next before the Time when any such Charge shall be incurred such Artificer shall have earned or have become entitled to receive any Wages for any Labour by him done in any of the said Trades, which Wages shall not have been paid to such Artificer in the current Coin of this Realm, it shall be lawful for the Overseers or Overseer of the Poor in such Parish or Place to recover from the Employer of such Artificer in whose Service such Labour was done the full Amount of Wages so unpaid, and to proceed for the Recovery thereof by all such Ways and Means as such Artificer himself might have proceeded for that Purpose; and the Amount of the Wages which may be so recovered shall be applied in reimbursing such Parish or Place all Costs and Charges incurred in respect of the Person or Persons to become chargeable, and the Surplus shall be applied and paid over to such Person or Persons.
VIII Not to invalidate the Payment of Wages in Bank Notes, if Artificer consents.
VIII. Provided always, and be it further enacted, That nothing herein contained shall be construed to prevent or to render invalid any Contract for the Payment, or any actual Payment, to any such Artificer as aforesaid, of the Whole or any Part of his Wages, either in the Notes of the Governor and Company of the Bank ofEngland , or in the Notes of any Person or Persons carrying on the Business of a Banker, and duly licensed to issue such Notes in pursuance of the Laws relating to His Majesty's Revenue of Stamps, or in Drafts or Orders for the Payment of Money to the Bearer on Demand, drawn upon any Person or Persons carrying on the Business of a Banker, being duly licensed as aforesaid, within Fifteen 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 Consent as aforesaid, in any such Notes, Drafts, or Orders as aforesaid, shall for the Purposes of this Act be as valid and effectual as if such Payments had been made in the current Coin of the Realm.
IX Penalties on Employers entering into Contracts hereby declared illegal.
IX. And be it further enacted, That any Employer of any Artificer in any of the Trades herein-after enumerated, who shall, by himself or by the Agency of any other Person or Persons, directly or indirectly enter into any Contract or make any Payment hereby declared illegal, shall for the First Offence forfeit a Sum not exceeding Ten Pounds nor less than Five Pounds, and for the Second Offence any Sum not exceeding Twenty Pounds nor less than Ten Pounds, and in case of a Third Offence any such Employer shall be and be deemed guilty of a Misdemeanor, and, being thereof convicted, 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.
X Penalties how to be recovered.
X. And be it further enacted, That all Offences committed against this Act, and not herein-before declared a Misdemeanor, shall be enquired of and determined, and that all Fines and Penalties for such Offences shall be sued for and recovered by any Person or Persons who shall sue for the same, before any Two Justices of the Peace having Jurisdiction within the County, Riding, City, or Place in which the Offence shall have been committed; and that the Amount of the Fines, Penalties, and other Punishments to be inflicted upon any such Offenders shall, within the Limits herein-before prescribed, be in the Discretion of such Justices, or, in Cases of Misdemeanor, of the Court before which the Offencemay be tried; and in case of a Second Offence against this Act, it shall be sufficient Evidence of the previous Conviction and Offence, if a Certificate, signed by the...
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