union of carpenters and joiners. He delivered to the respondent, who was a builder, the following notice :"Mr. William Kitch.

SIR,

I AM requested by the committee of carpenters and joiners to give the men in your employ notice to come out on strike against James Jordan, unless he become a member of the above society-not being in any way disrespectful to you or him, but being compelled by the union and laws. This notice will be carried out after the 27th inst., unless settled in accordance with the society's laws.

I remain,

Yours most respectfully,

THOMAS SKINNER,

Secretary."

It was held that the defendant had thereby brought himself within the operation of the 3rd section of the 6 Geo. IV. c. 129, upon which the summons was framed.

The practical comment on these cases is this, that the evil to be complained of and put down under this penal statute is not the privilege of combination, to which the workmen are entitled, but that system of coercion which unhappily they sometimes seek to exercise. They are free to act in concert, provided they will leave the freedom of individuals undisturbed. The object to be secured is perfect liberty of action on both sides. The demand and supply of labour must ultimately settle the value of it, notwithstanding any temporary effect which may be produced by combinations on the side of the employers, and strikes on the part of the men. The statute above quoted was passed to secure as much liberty as possible

in the making of contracts of hiring and labour. Its terms and language are ingeniously varied, so as to meet every contingency that could be thought of; and the main scope of it is to restrain and prevent bullying in every form and shape.

CHAP. XX.

CRIMINAL STATUTES RELATING TO COLLIERIES.

By the 7 & 8 Geo. IV. c. xxix. s. 37, it is enacted, that if any person shall steal or sever with intent to steal any coal, or cannel coal, from any mine, bed, or vein thereof, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny. The punishment for this offence is imprisonment not exceeding two years, with or without hard labour, and without solitary confinement, not exceeding three months in one year.

By 7 Will. IV. & 1 Vict. c. lxxxix. s. 9, it is enacted that whosoever shall unlawfully and maliciously set fire to any mine of coal, or cannel coal, shall be guilty of felony, and on being convicted thereof shall be liable to be transported for life or not less than 14 years, or to penal servitude for life, or not less than four years, or imprisonment not exceeding three years.

By the 7 & 8 Geo. IV. c. xxx. s. 96, it is enacted, "that if any person shall unlawfully and maliciously cause any water to be conveyed into any mine, or into any subterraneous passage connected therewith, with intent thereby to destroy or damage such mine, or to hinder or delay the working thereof; or shall

with the like intent unlawfully and maliciously pull down, fill up, or obstruct any air-way, water-way, drain, pit, level, or shaft, of or belonging to any mine, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to each such imprisonment provided always, that this provision shall not extend to any damage committed underground by any owner of any adjoining mine, in working the same, or by any person duly employed in such working."

By sect. 7 it is enacted, "that if any person shall unlawfully and maliciously pull down or destroy, or damage with intent to destroy or to render useless, any steam-engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, whether such engine, staith, building, erection, bridge, waggon-way, or trunk be completed or in an unfinished state, every such offender shall be guilty of felony; and being convicted thereof shall be liable to any of the punishments which the court may award as herein-before last mentioned."

By the 23 Vict. c. 29, it is enacted that "if any person shall unlawfully and maliciously pull down or destroy, or damage with intent to destroy or to render

useless, or shall stop, obstruct, or hinder the working of any steam-engine, or other engine, or of any appliance or apparatus in connexion therewith, for sinking, draining, or working any mine, or for in anywise assisting in the working thereof, with intent thereby to destroy or damage such mine, or to hinder or obstruct or delay the working thereof, every such offender shall be guilty of felony; and being convicted thereof, shall be liable to any of the punishments which may be awarded for any or either of the offences named in the sixth section of the said recited Act."

This new statute contains the additional words, or shall stop, obstruct, or hinder the working, &c.," which were not in the Act 7 & 8 Geo. IV. c. xxx., thus constituting a new offence.

The following cases have been decided upon the old statute :

In the case of R. v. Norris (9 C. & P. 241), it was held that where one of the owners of adjoining mines, asserting that an air-way belongs to him, directs his workmen to stop it up, and they acting bonâ fide, and believing that he has a right to give such an order, do so, they are not guilty of felony for stopping up the air-way, even though the master knew that he had no right to it. But if any of the workmen knew that the stopping of the air-way was a malicious act of his master, such workman would be guilty of felony. It has also been held that if a steam-engine be set in motion without any machinery attached to it, with intent to damage it or render it useless, the case is within the statute.