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TRUCK ACT 1831

TRUCK ACT 1831 - LONG TITLE

An Act to prohibit the Payment, in certain Trades, of Wages in
Goods, or otherwise than in the current Coin of the Realm.{1}
[15th October 1831]
Preamble rep. by SLR 1890 (No. 2)[

TRUCK ACT 1831 - SECT 1
In contracts for the hiring of artificers wages shall be made
payable in current coin;

1.] In all contracts hereafter to be made for the hiring of any
artificer, ... or for the performance by any artificer of any
labour ..., the wages of such artificer shall be made payable in
the current coin of this realm only, and not otherwise; and 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.

TRUCK ACT 1831 - SECT 2
and no stipulations shall be inserted as to the manner in which
the wages shall be expended.

2. If in any contract hereafter to be made between any artificer
... 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.

TRUCK ACT 1831 - SECT 3
All wages shall be paid to the artificer in coin.

3. The entire amount of the wages earned by or payable to any
artificer ..., in respect of any labour by him done ..., 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.

TRUCK ACT 1831 - SECT 4
Artificers may recover wages, if not paid in the current coin.

4. Every artificer ... shall be entitled to recover from his
employer ..., 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 ... as shall not
have been actually paid to him by such his employer in the current
coin of this realm.

TRUCK ACT 1831 - SECT 5
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.

5. In any action, suit, or other proceeding to be hereafter brought
or commenced by any artificer, against his employer, for the
recovery of any sum of money due to any such artificer as the
wages of his labour ..., 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 merchandise
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 merchandise 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.

TRUCK ACT 1831 - SECT 6
No employer shall have any action against artificer for goods
supplied to him on account of his wages by the employer, or by
any shop in which he is interested.

6. No employer of any artificer ... 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
merchandise, 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 merchandise sold, delivered, or supplied to such
artificer at any shop or warehouse kept by or belonging to such
employer, or in profits of which such employer shall have any share
or interest.

S.7 rep. by SLR (NI) 1954

TRUCK ACT 1831 - SECT 8
This Act not to invalidate the payment of wages in bank notes, or
with consent of artificer, in drafts payable to bearer on demand.

8. Provided always, that nothing herein contained shall be construed
to prevent or to render invalid any contract for the payment, or
any actual payment, to any artificer, of the whole or any part of
his wages, either in the notes of the Bank of England, 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.

TRUCK ACT 1831 - SECT 9
Penalties on employers entering into contracts or making payments
hereby declared illegal.

9. Any employer of any artificer ..., 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.

TRUCK ACT 1831 - SECT 10
Proviso as to interval of time between first and second offence,
&c.

10. ... Provided always, that no person shall be punished as for a
second offence under this Act unless ten days at the least shall
have intervened between the conviction of such person for the first
and the conviction by such person of the second offence, but each
separate offence committed by any such person before the expiration
of the said term of ten days shall be punishable by a separate
penalty, as though the same were a first offence; and that no
person shall be punished as for a third offence under this Act,
unless ten days at the least shall have intervened between the
conviction of such person for the second and the conviction by such
person of the third offence, but each separate offence committed by
any such person before the expiration of the said term of ten days
shall be punishable by a separate penalty, as though the same were
a second offence; and that the fourth or any subsequent offence
which may be committed by any such person against this Act shall
be inquired of, tried, and punished, in the manner herein-before
provided in respect of any third offence; and that if the person
or persons preferring any such information shall not be able or
shall not see fit to produce evidence of any such previous
conviction or convictions as aforesaid, any such offender as
aforesaid shall be punished for each separate offence by him
committed against the provisions of this Act by an equal number of
distinct and separate penalties, as though each of such offences
were a first or a second offence, as the case may be; and that
no person shall be proceeded against or punished as for a second
or as for a third offence at the distance of more than two years
from the commission of the next preceding offence.

Ss.11, 12 rep. by 1887 c.46 s.17 sch.

TRUCK ACT 1831 - SECT 13
A partner not to be liable in person for the offence of his
copartner but the partnership property to be liable.

13. No person shall be liable to be convicted of any offence
against this Act committed by his or her copartner in trade, and
without his or her knowledge, privity, or consent; but it shall be
lawful, when any penalty, or any sum for wages, or any other sum,
is ordered to be paid under the authority of this Act, and the
person or persons ordered to pay the same shall neglect or refuse
to do so, to levy the same by distress and sale of any goods
belonging to any copartnership concern or business in the carrying
on of which such charges may have become due or such offence may
have been committed; and in all proceedings under this Act to
recover any sum due for wages it shall be lawful in all cases of
copartnership for the justices, at the hearing of any complaint for
the nonpayment thereof, to make an order upon any one or more
copartners for the payment of the sum appearing to be due; and in
such case the service of a copy of any summons or other process,
or of any order, upon one or more of such copartners shall be
deemed to be a sufficient service upon all.

TRUCK ACT 1831 - SECT 14
How summonses are to be served.

14. In all cases it shall be deemed and taken to be sufficient
service of any summons to be issued against any offender or
offenders by any justice or justices of the peace under the
authority of this Act, if a duplicate or true copy of the same be
left at or upon the place used or occupied by such offender or
offenders for carrying on his, her, or their trade or business, or
at the place of residence of any such offender or offenders, being
at or upon any such place as aforesaid, the same being directed to
such offender or offenders by his, her, or their right or assumed
name or names.

Ss.15, 16 rep. by 1887 c.46 s.17 sch. S.17 rep. by SLR (NI) 1954;
SL(R) 1976. Ss.18, 19 rep. by 1887 c.46 s.17 sch.

TRUCK ACT 1831 - SECT 20
Saving as to domestics.

20. Nothing herein contained shall extend to any domestic servant
....

Ss.21, 22 rep. by 1887 c.46 s.17 sch.

TRUCK ACT 1831 - SECT 23
Particular exceptions to the generality of the law.

23. Nothing herein contained shall extend or be construed to extend
to prevent any employer of any artificer, or agent of any such
employer, from supplying or contracting to supply to any such
artificer any medicine or medical attendance, or any fuel, or any
materials, tools, or implements to be by such artificer employed in
his trade or occupation, if such artificers be employed in mining,
or any hay, corn, or other provender to be consumed by any horse
or other beast of burden employed by any such artificer in his
trade and occupation; nor from demising to any artificer, ... the
whole or any part of any tenement at any rent to be thereon
reserved; nor from supplying or contracting to supply to any such
artificer any victuals dressed or prepared under the roof of any
such employer, and there consumed by such artificer; nor from making
or contracting to make any stoppage or deduction from the wages of
any such artificer for or in respect of any such rent, or for or
in respect of any such medicine or medical attendance, or for or
in respect of such fuel, materials, tools, implements, hay, corn, or
provender, or of any such victuals, dressed and prepared under the
roof of any such employer, or for or in respect of any money
advanced to such artificer for any such purpose as aforesaid:
Provided always, that such stoppage or deduction shall not exceed
the real and true value of such fuel, materials, tools, implements,
hay, corn, and provender, and shall not be in any case made from
the wages of such artificer, unless the agreement or contract for
such stoppage or deduction shall be in writing, and signed by such
artificer.

TRUCK ACT 1831 - SECT 24
Employers may advance money to artificers for certain purposes.

24. Nothing herein contained shall extend or be construed to extend
to prevent any such employer from advancing to any such artificer
any money to be by him contributed to any friendly society or bank
for savings duly established according to law, nor from advancing to
any such artificer any money for his relief in sickness, or for
the education of any child or children of such artificer, nor from
deducting or contracting to deduct any sum or sums of money from
the wages of such artificers for the education of any such child
or children of such artificer, ....

TRUCK ACT 1831 - SECT 25
Definition of terms.

25. In the meaning and for the purposes of this Act ... all
masters, bailiffs, foremen, managers, clerks, and other persons,
engaged in the hiring, employment, or superintendence of the labour
of any such artificers, shall be and be deemed to be "employers";
and within the meaning and for the purposes of this Act any money
or other thing had or contracted to be paid, delivered, or given
as a recompense, reward, or remuneration for any labour done or to
be done, whether within a certain time or to a certain amount, or
for a time or an amount uncertain, shall be deemed and taken to
be the "wages" of such labour; and within the meaning and for the
purposes aforesaid any agreement, understanding, device, contrivance,
collusion, or arrangement whatsoever on the subject of wages, whether
written or oral, whether direct or indirect, to which the employer
and artificer are parties or are assenting, or by which they are
mutually bound to each other, or whereby either of them shall have
endeavoured to impose an obligation on the other of them, shall be
and be deemed a "contract".

S.26 rep. by SLR 1888 (No. 2)

TRUCK ACT 1831 - SECT 27
To extend over Great Britain.

27. The provisions of this Act shall extend over the whole of
Great Britain.

Schedules rep. by 1887 c.46 s.17 sch.






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URL: http://www.bailii.org/nie/legis/num_act/ta183189.txt